O96-32ORDINANCE NO. 096-32
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING THE CITY LAND
DEVELOPMENT REGULATIONS TO PROVIDE FOR A
RESTRICTION ON THE LOCATION OF TELECOMMUNICATION
TOWERS TO THE PU PUBLIC USAGE DISTRICT, THE REC
RECREATION DISTRICT AND THE M-1 ZONING DISTRICT,
AND PROHIBITING TELECOMMUNICATION TOWERS IN ALL
OTHER ZONING DISTRICTS; PROVIDING FOR ELIMINATION
OF THE FORTY-FIVE (45') FOOT HEIGHT LIMITATION FOR
TELECOMMUNICATION TOWERS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, recent changes in state and federal law regarding wireless communicati(
technology has resulted in an increased demand for the construction of telecommunicati¢
towers; and
WHEREAS, the City Commission has determined that it is in the best interest
of the public to impose limitations on the location of telecommunication towers in a
manner which balances the needs of the telecommunication industry, the consumers
of telecommunication services with the interest of the general public for orderly,
aesthetic development standards; and
WHEREAS, the City Commission has determined, based upon the research and
findings of the City Administration that there are sufficient sites available in the PU
Public Usage District, the REC Recreation District and M-1 Zoning District to satisfy the
increasing demand for telecommunication tower sites; and
WHEREAS, the limitation of telecommunication towers to the PU Public Usage
District, the REC Recreational District and the M-1 Zoning District is in the best
interest of the public; and
WHEREAS, the Commission, based upon the recommendations of staff has
determined that it is in the best interest of the City to designate the use of
telecommunications towers as a conditional use, thus insuring a more detailed review
and the availability of imposing conditions and safeguards in conjunction with approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City's Land Development Regulations are amended as follows:
Section 4 of Chapter 2, Zoning, subsection F is hereby amended to add
a new subsection 7 which shall read:
Notwithstanding any other provision of the Land Development
Regulations, including the provisions of this section,
telecommunication towers shall only be permitted as a conditional
use in the PU Public Usage District, REC Recreation District and
M-1 Zoning District.
Section 5 of Chapter 2, Zoning, subsection J, 1. is hereby amended to
add a new subsection (d) which shall read:
d. Telecommunication towers but only as a conditional use.
Section 5 of Chapter 2, Zoning, subsection J. 2. is hereby amended to
read:
Building and site regulations...
Maximum Structural Height
45 feet, not to exceed four (4)
stories with the exception of
telecommunication towers
which may be constructed to a
height of 150 feet, subiect to
conditional use approval.
All other provisions of subsection J..~.shall remain unchanged.
Section 5 of Chapter 2, Zoning, subsection m. lA.
hereby amended as follows:
is
Conditional uses allowed. Ail profit or non-profit
uses or enterprises considered ancillary to any of the
above permitted uses. Telecommunication towers are
permitted as a conditional use.
Section 5 of Chapter 2, Zoning, subsection I. 2. is
hereby amended to read:
2. Building and site regulations...
Maxzmum Structural Height 45 feet, not to
exceed four (4)
stories with the
exception of
telecommunicatmon
towers which may
be constructed to
a height of 150
feet, subject to
conditional use
approval.
Ail other provisions of subsection 2 shall remain
unchanged.
Article II, Definitions of Chapter 1 to add a new
definition for telecommunication towers which shall
read as follows:
TELECOMMUNICATION TOWERS - A guyed,
monopole, or self-supporting structure,
whether free-standing or attached to another
structure, containing one or more antennas
intended for transmitting or receiving
television, AM/FM radio, digital, microwave,
cellular, telephone or similar forms of
electronic communication, excepting:
1. An electric utilities use of
ancillary electronic
communications used in
conjunction with the distribution
and maintenance of electric
service to monitor and manage the
operation of devices such as
switches, capacitor banks, and
automated meter reading.
2. completely screened rooftop
mounted panel antennae provided
such antennae are architecturally
compatible with the building on
which they are mounted, and
otherwise conform to the criteria
for rooftop mounted equipment as
set forth in the Land Development
Code.
Section 8 of Chapter 2, Zoning is amended to
read as follows:
~^~,, ~ ..... Telecommunications
towers.
He
Section 8 of Chapter 2, Zoning, A.l.d.(6) is
deleted in its entirety and subsection (6)
shall be noted as "Reserved".
Section 8 of Chapter 2, Zoning, subsection A. 6. is
hereby amended to read:
Building and site regulations...
Maximum Structural Height
45 feet, not to exceed four (4)
stories with the exception of
telecommunication towers
which may be constructed to
a hei.qht of 150 feet, subject
to conditional use approval.
Section 2. Each and every other provision of the Land
Development Regulation not herein specifically amended shall remain in
full force and effect as previously enacted.
Section 3. All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section 4. Should any section or provision of this ordinance or portion hereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the remainder of this ordinance.
Section 5. Authority is hereby granted to codify said ordinance.
Section 6. This ordinance shall become effective immediately upon passage.
FIRST READING this //~ day of ~¢- , 1996.
1996.
SECOND, FINAL READING AND PASSAGE this ~/ day of
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Cit~ Clerk
JACflmh
900182
Mayor
~ice Mayo
'nmissioner
Commissioner
Co,,mCnission er
/