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.
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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.
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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)
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EXHIBIT "A"
Section 12. - - - • - - - . . - . . Amateur Radio and Television
Antennas
B. Pormits Required. No satellite dish anter-Aa shall be installed or modified without
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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.
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exceed tho roof hoight by moro than fiftoon (15)feet).
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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,.
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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
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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
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(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.
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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.
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