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O98-32 ORDINANCE O98-~,~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 10 TELECOMMUNICATION TOWERS AND ANTENNAS, BY AMENDING SECTION 3. TO ALLOW TELECOMMMUNICATION TOWERS ON LANDS DESIGNATED FOR RECREATION USE WITHIN A PID; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, pursuant to the Land Development Regulations, Chapter 10 - Telecommunication Towers and Antennas, telecommunication towers are currently allowed as conditional uses within the Recreation (REC), Public Usage (PU), and Industrial (M-l) zoning districts; and WHEREAS, the telecommunications industry has technical criteria for determining the necessary locations for new towers, which is represented graphically by a grid; and WHEREAS, based on increasing use of cellular and related communicati~n~s systems, this grid is getting smaller which indicates that more intense coverage is required for the industry; and WHEREAS, the City Commission, upon recommendation of staff, has determined that it is in the best interest of the citizens and residents of the City to allow telecommunications towers on lands designated for recreation use within a PID. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 10 - Telecommunications Towers and Antennas Section 3. Telecommunications Towers. is hereby amended as follows: Section 3. Telecommunications Towers. A. Freestanding telecommunications towers may be permitted as a conditional use in accordance with the Land Development Regulations in the following zoning districts: 4. Property owned by the City within a Planned :Industrial Development (PID) district which is desiqnated for recreation use. The City shall authorize the application and use of city property after the applicant executes a lease agreement acceptable to the City. The City shall have no obliqation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein. Tower locations shall be consistent with approved, proposed or anticipated plans for park development. Towers shall be desiqned for collocation, and consistent with rules and regulations internal to a P.:~.D. Section 2. That each and every other section of said Chapter 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 sectioi~ 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. Section 6. Authority is hereby given to codify this Ordinance. This ordinance shall become effective immediately upon passage. FIRST READING this ,/~ day of ,,~'~,'~'~ ., 1998. SECOND, FINAL READING AND PASSAGE this ,~ day of 1998. ATFEST: CITY OF BOYNTON BEACH, FL_L_QI~DA Ma~o~/~ ~~~ 'V~ce May. e~ /' ~a~or Pro Tern Com~ssioner Commissioner s:c_~o~\~ Section 10 -~.T~ec~nmunications