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18-016 ORDINANCE NO. 18- 01 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III. "LAND DEVELOPMENT REGULATIONS," CHAPTER 3, "ZONING," ARTICLE V, "SUPPLEMENTAL REGULATIONS," SECTION 12, "SATELLITE EARTH STATIONS AND ANTENNAS" OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES; TO PROVIDE FOR THE RENAMING OF THE SECTION TO BE "AMATEUR RADIO AND TELEVISION ANTENNAS"; TO PROVIDE FOR REVISIONS RELATED TO THE REGULATIONS RELATED TO THE PLACEMENT OF AMATEUR RADIO AND TELEVISION ANTENNAS; PROVIDING FOR CITY COMMISSION AUTHORITY, CODIFICATION, SEVERABILITY, CONFLICTS,AND AN EFFECTIVE DATE. WHEREAS, the Florida Supreme Court held unanimously in City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006), that Article VIII, section 2(b) of the Florida Constitution and the Home Rule Powers Act, Florida Statutes § 166.021(3)(c), grant municipalities "broad authority to enact ordinances under its municipal home rule powers" and that "[u]nder its broad home rule powers, a municipality may legislate concurrently with the Legislature on any subject which has not been expressly preempted to the State"; and WHEREAS, the City of Boynton Beach has a substantial and significant public interest in regulating the siting of amateur radio and television antennas to promote the public health, safety, aesthetics, and general welfare; and WHEREAS, the City of Boynton Beach has a substantial and significant public interest in protecting residential areas and land uses from potential adverse impacts of amateur radio and television antennas; and WHEREAS, such public interest extends to protecting, preserving and maintaining the health, safety and welfare of the residents while also protecting, preserving and maintaining the aesthetic character of areas where the residents reside and do business; and WHEREAS,the City of Boynton Beach desires to avoid potential detrimental impacts to adjacent properties from antennas through engineering and careful siting; and WHEREAS, the City finds that this Ordinance will advance the public health, safety, and welfare, and help to preserve the unique and extraordinary aesthetic qualities of the City, all within the bounds of the Act and other state and federal laws governing communications facilities. }00228966.1 3C6-9001821} NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. SECTION 2. Amendment of City Code. Part III, "Land Development Regulations," Chapter 3, "Zoning," Article V, "Supplemental Regulations," Section 12, "Satellite Earth Stations and Antennas" of the City of Boynton Beach Code of Ordinances be, and the same are hereby amended as provided in Exhibit "A", which is attached to this Ordinance, and hereby incorporated by reference (words that are stricken out are deletions; words that are underlined are additions). SECTION 3. Codification and Reservation of Rights. This Ordinance shall be incorporated into the Boynton Beach City Code. Any section,paragraph number, letter and/or any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and similar or like errors may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of this ordinance and the City Code may be freely made. Adoption and codification of this ordinance does not waive the city's right to contest or otherwise challenge the constitutionality validity, enforceability, and effectiveness of the Act or any part thereof and the city hereby reserves the right to contest and otherwise challenge the Act. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance and any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the law. SECTION 6. Effective date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply to all existing and future applications for permits. 00228966.1 306-9001821) -2 - FIRST READING this/1 day of M-.;& , 2018. SECOND, FINAL READING AND PASSAGEJthis ZO h day of Ye/44€4-, 2018. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor—Steven B. Grant i Vice Mayor— Christina L. Romelus Commissioner—Mack McCray Commissioner—Justin Katz / Commissioner—Joe Casello VOTE 3 - D ATTEST: I Judith Pyle, CMC City 'lerk (Corporate Seal) (00228965.1306-9001821) -3 - EXHIBIT "A" Section 12. - - - • - - - . . - . . Amateur Radio and Television Antennas B. Pormits Required. No satellite dish anter-Aa shall be installed or modified without -- - _ - - _ - - -- - -' - - - - - - - - A - - _ - -- = -- control. C. Fees. An application feo shall be payable to the city as adopted by resolution of the City Commission. D. Prohibitions. 1. No- exterior satellite dish antenna may be used for display or advertising 2. Portable Group B satellite dish antonnao aro not allowed. E. Nonconforming. Satollito dish antonnao proporly permitted prior to April 1, 1995 .A. Amateur Radio/Citizens'Band(CB) and Television (TV) Antennae. -- -- -- -- -- - - -- - - - - - exceed tho roof hoight by moro than fiftoon (15)feet). {00228966.1306-90018211 -4 - 1. Purpose and Intent. The purpose and intent of this Section is to provide for the safe and effective installation and operation of amateur radio, citizens band radio, and television antenna support structures, and the beam, satellite, or other antennas installed on those support structures. It is also the purpose and intent of this Section to provide for a reasonable accommodation of amateur (a.k.a. HAM) radio communications, in accordance with Parts 95 and 97 of Chapter 1 of Title 47 of the Code of Federal Regulations, while reflecting the City's legitimate interest in protecting and promoting the health, safety, welfare, neighborhood aesthetics, and morals of its citizens. 2. Applicability. Towers and antennas regulated by this section shall be considered accessory uses, allowed only in conjunction with a single-family and two- family dwelling, 3. Reasonable Accommodation. All amateur radio towers and antennas that do not meet the standards of this section are eligible for consideration through the reasonable accommodation process. 4. Number. A maximum of one (1) amateur radio/citizens band radio antenna tower and a maximum of onel1) television/CB antenna tower shall be allowed on a legally designated parcel, as indicated by the Palm Beach County Property Appraiser's records.e- . - . • 5. Height. a. Television and citizens' band broadcasting antennae may extend up to forty (40)feet in height, but in no instance may an antenna exceed the roof height(roof peak) by more than fifteen (15)feet. b. Amateur radio towers and antennas may be allowed up to a maximum of sixty (60)feet only when in use (also see section A.6.b below). 6. Additional Standards for Amateur Radio Towers. To minimize the visual impacts and hazards of antenna towers, towers for amateur radio communications shall be designed and stored as follows: a. Guy wires may only be used if not visible from the abutting roadway. b When not in use, towers and antennas shall be retracted or lowered to a minimum of 40 feet, but no greater than 15 feet above the roofline nearest to the tower. c. Towers shall be lowered to a ground-mounted position, and antennas removed upon notice from the weather service of a hurricane watch. The height of the lowered and anchored position shall be less than the setback distance from the adjoining property line. 7. Location. Amateur radio, citizens band, and television towers shall be located in the rear yard and shall not be located forward of the front building line or within an easement. Towers that extend 15 feet or less above the roofline may be located in an internal side yard,. ;00228966.1 106-9001E21) -5 - 8. Setbacks. a. Except where otherwise allowed in Section 12, Antenna support structures shall be located to comply with the district setback standards. if the existing setback of the principal structure is at or less than the minimum setback for the district, the tower may encroach up to 5 feet into the required setback. b. The support structure or any element thereof shall be set back a minimum of ten (10)feet from any easements. c. The antenna component of the communication system may encroach up to 5 feet into the minimum required setback. d. Antenna support structures shall be located on the property so as to provide adequate setbacks from above-ground utility power lines other than applicant's service lines as follows: (1) Setback a minimum distance equal to 50 percent of the height as calculated from grade to the highest point of the antenna support structure and its antenna; or (2) The owner shall submit a fall zone letter from a registered engineer certifying the design wind load and that the radius around the base of the tower potentially impacted by any possible failure in the tower is within the subject property and clear of any utility lines. 9. Permits. No amateur radio, citizens band radio, and television antenna support structures shall be installed or modified without first obtaining a permit from the city. 10. Nonconforming. Amateur radio, citizens band radio, and television antenna support structures properly permitted prior to April 4, 1995 may remain in place notwithstanding provisions stipulated herein but they may not be replaced, reconstructed, or modified without bringing the entire installation into full compliance with this section. G. Satellite Earth Stations. Satellite dish antennae installed to servo single 1. Height.Ne gaff of any satellite dish antenna installation may extend beyond 2. Group B. Group B satellite dish antennae shall be freestanding, ground a. Screening. All Group B satellite dish antennae shall be screened on (00228966.306-9001821) -6- b. Lot Sizc. For all Group- B antennas lot size must comply with c. Multi family Dwelling Units and Non residential Districts. Satellite dish antennae regulations (1) Shall require site plan review in accordance with Chapter 2, Article II, Section 2.F.; (3) A Group B satellite dish antenna installed in commercial and (4) Group B satellite dish antennae which are mounted on a tower B. Satellite Dish Antennas 1. Applicability. All satellite dish antennas shall be governed by the standards of this Section unless exempted below or regulated as part of an amateur radio antenna. 2. Exemptions. In single-family residential zoning districts, satellite dish antennas 40 inches or less in diameter shall be exempt from these requirements. 3. Standards. A. Single-Family and Duplex Residential Districts. Satellite dish antennae that exceed 40 inches in diameter and are located within residential districts shall comply with the following regulations: (1) Number. A maximum of one (1) satellite dish antenna over 40 inches in diameter shall be allowed on a residential lot; (2) Location. Satellite dish antennas shall be mounted on the wall, ground, or a support structure in the side or rear yard and shall not be located on a wall facing the front property line or within an easement; (3) Setbacks. Satellite dish antennas shall meet setback requirements of the district as measured from the outermost point of the dish on the side closest to the applicable setback or property line {00228966.1106-9001821} -7 - (4) Screening. Satellite dish antennas, if located in the side or rear yard, shall be screened by an opaque fence or hedge; and, (5) Height. Satellite dish antennas shall not exceed the building height limitations of the zoning district. (1) Shall roquiro sito plan roview in accordance with Chapter 2, Article II, Section 2.F.; (2) In multi family districts, only one (1) Group B satellite dish (3) A Group B satellite dish antenna installed in commercial and (1) Group B satellite dish antennae which are mounted on a tower B. Multi-family Residential Districts. Satellite dish antennae located within multi-family districts shall comply with the following regulations: (1) Process. Shall require site plan review in accordance with Chapter 2, Article II, Section 2.F.; (2) Number. Only one (1) satellite dish antenna is allowed per unit. (3) Location. The satellite dish antenna shall not be located on the roof. (4) Setbacks. Satellite dish antennas shall meet setback requirements of the district as measured from the outermost point of the dish on the side closest to the applicable setback or property line; and, (5) Screening. Satellite dish antennas shall be completely screened from view of rights-of-way and adjacent residential districts by an opaque wall (including parapet walls), fence, or hedge, or combination thereof. (6) Height. Satellite dish antennas shall not exceed the building height limitations of the zoning district in which it is located; C. Non-residential and Mixed Use Districts. 00228966.1 306-9001821) -8- Satellite dish antennae located within non-residential and mixed use zoning districts shall comply with the following regulations: (1) Process. Shall require site plan review in accordance with Chapter 2, Article II, Section 2.F.; (2) Location. Satellite dish antennas shall be wall, roof, or ground mounted, and shall not be located in the front or side corner yard; (3) Setbacks. Satellite dish antennas shall meet setback requirements of the district as measured from the outermost point of the dish on the side closest to the applicable setback or property line; (4) Screening. Satellite dish antennas shall be completely screened from view of rights-of-way and adjacent residential districts by an opaque wall (including parapet walls), fence, or hedge, or combination thereof; and, (5) Height. Satellite dish antennas shall not exceed the building height limitations of the zoning district in which it is located. 4. Nonconforming. Satellite dish antennas properly permitted prior to April 4, 1995 may remain in place notwithstanding provisions stipulated herein but they may not be replaced, reconstructed, or modified without bringing the entire installation into full compliance with this section. (00228966.1 306-9001821) -9 -