02-03-2004
The City of
Aventura
iJ
--"""",/,
Local Phnniny A l:no/
Jeffrey M, Perlow, Mayor
Cif}'MarJJfF
Eric M, Soroka
Zev Auerbach
Jay R. Beskin
Ken Cohen
Bob Diamond
Manny Grossman
Harry Holzberg
~
Teresa M. Soroka, CMC
City Attorney
Weiss Serota Helfman
Pastoriza Guedes Boniske & Cole
LOCAL PLANNING AGENCY
AGENDA
FEBRUARY 3, 2004 - 6 PM
Aventur. Government Center
t 9200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. APPROVAL OF MINUTES:
November 20,2003 LPA Hearing
3. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-241 ENTITLED "WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS" BY
AMENDING SECTION 31-241(a) PROVIDING FOR PURPOSE;
SECTION 31-241(b) PROVIDING FOR DEFINITIONS; SECTION 31-
241(c) PROVIDING FOR APPLICABILITY; SECTION 31-241(d)
PROVIDING FOR GENERAL REQUIREMENTS AND MINIMUM
STANDARDS; SECTION 31-241(e) PROVIDING FOR PERMITTED USES
ON PUBLIC PROPERTY; SECTION 31-241(1) PROVIDING FOR
PERMITTED USES ON PRIVATE PROPERTY; SECTION 31-241(g)
PROVIDING FOR CONDITIONAL USE; SECTION 31-241(h)
PROVIDING FOR STANDARDS FOR BUILDINGS OR OTHER
EQUIPMENT FACILITIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
4. ADJOURNMENT.
This meeting is open to tbe public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
305-466-890 I, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura
Local Planning Agency with respect to any matter considered at such meeting or hearing will need a record of the proceedings and. for
such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura
Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda itern
should contact the City Clerk at 305-466-8901. One or more members of the City of Aventura Advisory Boards may also be in
attendance.
A~ C~ of
fi ventura
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MINUTES
LOCAL PLANNING AGENCY
MEETING
NOVEMBER 20, 2003 9 AM
Government Center
19200 W. Country Club Drive
Aventu<a. Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 9 a.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Ken Cohen,
Bob Diamond Harry Holzberg, Vice Mayor Jay R. Beskin (arrived at 9:15 a.m.), Mayor
Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney
David M. Wolpin. Commissioner Manny Grossman was absent due to illness. As a
quorum was determined to be present, the meeting commenced.
2. APPROVAL OF MINUTES: A motion to approve the minutes of the November 4,
2003 meeting was offered by Commissioner Cohen, seconded by Commissioner
Auerbach and unanimously passed.
3. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCES:
Mr. Wolpin read the following ordinances by title:
A.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR SIXTY-FOUR (64) PARCELS OF
LAND ON NE 213 STREET, NE 214 STREET, NE 214 TERRACE AND
ONE (1) PARCEL OF LAND ON BISCAYNE BOULEVARD, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND
OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR
TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER
163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN
EFFECTIVE DATE.
B.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
AVENTURA FOR TWELVE (12) PARCELS OF LAND ON THE NORTH
SIDE OF NE 214 TERRACE, FROM MO, MEDICAL OFFICE DISTRICT,
TO RMF3,MUL TI-FAMIL Y MEDIUM DENSITY RESIDENTIAL
DISTRICT; BY AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF AVENTURA FOR FIFTY-THREE (53) PARCELS OF LAND ON
THE SOUTH SIDE OF NE 214 TERRACE, ON NE 214 STREET AND
ON THE NORTH SIDE OF NE 213 STREET, FROM MO, MEDICAL
OFFICE DISTRICT TO RMF3B, MULTI-FAMILY MEDIUM DENSITY
RESIDENTIAL DISTRICT; BY AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF AVENTURA FOR EIGHT (8) PARCELS OF
LAND ON THE WEST SIDE OF BISCAYNE BOULEVARD AND TWO
(2) PARCELS OF LAND ON THE NORTH SIDE OF NE 214 TERRACE
C.
FROM MO, MEDICAL OFFICE DISTRICT TO B1, NEIGHBORHOOD
BUSINESS DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-143(d), RMF3 DISTRICT, TO PROVIDE FOR REVISED
SETBACKS, ADDITIONAL CONDITIONAL USES, LARGE PARCEL
DEVELOPMENT INCENTIVES, EXCEPTION AND AMORTIZATION
FOR MEDICAL OFFICE (MO) DISTRICT, STREETSCAPE DESIGN
STANDARDS AND URBAN DESIGN STANDARDS; AMENDING
SECTION 31-143(g), RMF3B DISTRICT, TO CLARIFY PERMITTED
USES, TO PROVIDE FOR REVISED SETBACKS, ADDITIONAL
CONDITIONAL USES, LARGE PARCEL DEVELOPMENT INCENTIVES,
EXCEPTION AND AMORTIZATION FOR MEDICAL OFFICE (MO)
DISTRICT, STREETSCAPE DESIGN STANDARDS AND URBAN
DESIGN STANDARDS; AMENDING SECTION 31-144(b), B1 DISTRICT,
TO PROVIDE FOR REVISED HEIGHT LIMITATIONS; AMENDING
SECTION 31-144(f), MO DISTRICT, TO PROVIDE FOR REVISED
SETBACKS, LOT COVERAGE, OPEN SPACE AND MINIMUM LOT
SIZE, ADDITIONAL CONDITIONAL USES, LARGE PARCEL
DEVELOPMENT INCENTIVES, STREETSCAPE DESIGN STANDARDS
AND URBAN DESIGN STANDARDS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Wolpin announced that quasi-judicial procedures of the City invoked during the
November 4, 2003 would continue, including the oaths of witnesses previously sworn.
A motion to recommend adoption of ordinance 3-A was offered by Commissioner
Cohen and seconded by Commissioner Grossman. A motion to recommend adoption
of ordinance 3-B was offered by Commissioner Cohen and seconded by Commissioner
Diamond. A motion to recommend adoption of ordinance 3-C was offered by
Commissioner Cohen and seconded by Commissioner Diamond. Joanne Carr,
Planning Director, addressed the Commission, entered the staff reports into the record,
and distributed revised ordinances.
Commissioner Grossman left the meeting at this time due to illness.
Mayor Perlow opened the public hearing. The following individuals addressed the
Commission: Michael Snyder, Esq.; Alan Koslow, Esq., Becker & Poliakoff; Ricardo
Winocur; Dr. Barry Silverman; Fran Ricca, 1615 NE 171st Street, North t Beach; Ken
Maldonian, 1599 SW 19th Street, Boca Raton; Stanley Price, Esq., 2500 Wachovia
2
Towers; Angela Dickenson, 420 N. 28th Avenue, Hollywood; Ira Rothstein. There being
no further speakers, the public hearing was closed.
No action taken as to item 3-A.
A motion was offered by Commissioner Diamond, seconded by Commissioner Cohen
and unanimously passed to amend ordinance 3B to delete Section 1. and Section 2. in
entirety and to revise Section 3. and Exhibit "C" to five parcels of land on the west side
of Biscayne Boulevard south of NE 209 Street from MO, Medical Office District, to B1,
Neighborhood Business District The motion to recommend adoption of ordinance 3-8,
as amended, passed unanimously by roll call vote.
A motion to amend ordinance 3-C to to delete Section 1., Section 2. and Section 3. in
entirety and to revise Section 4. to delete subsection (7) on Page 12 was offered by
Commissioner Beskin, seconded by Commissioner Cohen and unanimously passed.
The motion to recommend adoption of ordinance 3-C, as amended, passed
unanimously by roll call vote.
4. ADJOURNMENT. There being no further business to come before the Local
Planning Agency, the meeting adjourned at 10: 10 a.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the LPA on
3
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
City commiSSiOro
Eric M. Soroka, IC - M
City Manager
,
Joanne Carr, AI .
Planning Director
TO:
BY:
DATE:
January 21,2004
SUBJECT: Amendment to Section 31-2410f the City's land Development Regulations
entitled "Wireless Telecommunications Towers and Antennas" to address
recent changes in State law and to provide for cleanup amendments to the
Section (01-lDR-04)
February 3, 2004 Local Planning Agency Agenda Item L
1st Reading February 3,2004 City Commission Meeting Agenda Item ~
2nd Reading March 2, 2004 City Commission Meeting Agenda Item -
RECOMMENDATION
It is recommended that the City Commission approve amendments to Sections 31-241 (a),
(b), (c), (d), (e), (f), (g) and (h) of the City's land Development Regulations to address
recent changes in State law relating to wireless telecommunications towers and antennas
and to provide for cleanup amendments to the section.
THE REQUEST
City staff is requesting amendments to Section 31-241 (a), (b), (c), (d), (e), (f), (g) and (h)
of the City's land Development Regulations to address recent changes in State law
relating to wireless telecommunications towers and antennas and to provide for cleanup
amendments to the section.
ANALYSIS
Standards for reviewing proposed amendments to the text of the LDR:
1. The proposed amendment is legally required.
The proposed amendments improve the administration or execution of the
development process in that it provides consistency with recent changes in State law.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LOR.
The proposed amendments are consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendments further the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process in that it provides consistency with recent changes in State law.
DescriptionlBackground of Proposed Amendment
The City's Telecommunications Attorney, Leibowitz & Associates, has recommended
amendments to the Wireless Telecommunications Towers and Antennas section of the
Land Development Regulations to address recent changes in Florida State law. The state
law, which amended FS 365.172, was enacted on June 23, 2003 and become effective on
October 1, 2003. This law dramatically restricts local government's placement of towers
by preempting local government authority and imposing very limited time constraints on
cities and counties. An application for a permit will be automatically approved if local
government does not take action within 90 business days for a permit siting a new
wireless tower or antenna and within 45 days for a co-location application. Local
government must notify a permit applicant within 20 business days after the date of
application submission as to whether the application is properly completed and properly
submitted, for administrative, not approval or denial, purposes. The permit must comply
with applicable federal regulations, local zoning or land development regulations and local
building regulations.
2
The following proposed amendments to Section 31-241 of the City's land Development
Regulations incorporate the new time limitations imposed by State law, while outlining a
detailed application process. Cleanup amendments are also proposed to provide
consistency with development application names in the land Development Regulations;
namely, all references to "special exception" use has been changed to "conditional" use.
1. Section 31-241(a) of the City's land Development Regulations is hereby amended so
as to provide for clarification of purpose, as follows':
Sec. 31-241(a). Purpose.
(7) Encouraqe colocation amonq wireless telecommunications service providers
and enhance the ability of providers of telecommunications services to provide
such services to the community through an efficient and timely application
process pursuant to FS 365.172 as amended.
This amendment has been revised to incorporate FS 365.172 as amended, which
encourages colocation and addresses the time limitation regarding the application
process.
2. Section 31-241 (b) of the City's Land Development Regulations is hereby amended so
as to provide for additional and revised definitions, as follows':
Sec. 31-241(b) Definitions
"AfJ/Jlicant" means a person or entity with an application before the City for a permit
for a personal wireless service facility.
"Carrier" means a company licensed by the Federal Communications Commission
(FCC) that provides wireless services. A tower builder or owner is not a carrier
unless licensed to provide personal wireless services.
"Colocation" means the use of a common mount bv tow or more wireless carriers.
"Commercial mobile radio services." Per Section 704 of the Telecommunications
Act of 1996, any of several technoloqies usinq radio siqnals at various frequencies
to send and receive voice, data and video. Accordinq to the FCC. these services
are "functionallv equivalent services". Section 704 of the Telecommunications Act
prohibits unreasonable discrimination amonq functionally equivalent services.
"Personal wireless services" is defined as commercial mobile services. unlicensed
wireless services and common carrier wireless exchanqe access services. This
definition includes analoq and diqital (800 MHz) cellular, broadband PCS (1850-
1900 MHz) services and enhanced specialized mobile radio and paqinq services.
1 Underlined provisions constitute proposed additions to existing text; strisken threlJ~h provisions indicate
proposed deletions from existing text.
3
"Search area" means the aeoaraphic area in which a telecommunications facilitv
must be located in order to provide FCC required coveraae, as certified throuah an
affidavit bv a Radio Freauencv enqineer as to radio frequencv waves or other such
appropriate technical expert.
"Telecommunications Tower or Tower" means any structure, and support thereto,
design and constructed primarily for the purpose of supporting one or more
antennas intended for transmitting or receiving personal wireless services,
telephone, radio and similar communications purposes, including lattice, monopole
and guyed telecommunications towers. ...
'Telecommunications Tower Heiqht" - when referrina to a communications tower or
other structure. the distance measured from the finished arade of a parcel to the
hiqhest point on the tower or other structure. includinq the base pad and anv
antenna, but excludinq liqhts and liahtnina rods.
Definitions have been added for clarification of the section.
3. Section 31-241(c) of the City's land Development Regulations is hereby amended to
expand applicability of this section, as follows ':
Sec. 31-241(c). Applicability.
(4) AM Arrav. For purposes of this section, an AM arrav, consistina of one
or more tower units and supportina around svstem which functions as
one AM broadcastina antenna. shall be considered one tower.
Measurements for setbacks and separation distances shall be
measured from the outer perimeter of the towers included in the AM
arrav. Additional tower units mav be added within the perimeter of the
AM arrav bv riaht.
The "AM Array" has been added to provide that these arrays are subject to this section of
the City's Land Development Regulations.
4. Section 31-241(d) of the City's land Development Regulations is hereby amended so
as to provide for an application process, timeframes, submission requirements and a
special review fee as follows':
Sec. 31-241(d). General Requirements/minimum standards.
The Citv shall qrant or denv a properlv completed application for a permit for the
sitina of a new wireless tower or antenna on propertv. buildinas or structures within the
4
Citv's iurisdiction within ninetv (90) business davs after the date the properlv completed
application is submitted in accordance with the City's application procedures. provided
that such permit complies with applicable federal requlations and is consistent with
state law and applicable local zoninq or land development requlations. includinq any
aesthetic requirements. Local buildinq requlations shall applv.
The City shall notify the permit applicant within (20) business days after the date
the application is submitted as to whether the application is. for administrative
purposes on Iv, properly completed and has been properly submitted. However, such
determination shall not be deemed as an approval of the application. Such notification
shall indicate with specificity any deficiencies which. if cured, shall make the application
properly completed.
If the City fails to qrant or deny a properly completed application for a permit which
has been properly submitted within the timeframes set forth in this section, the permit
shall be deemed automatically approved and the provider may proceed with placement
of such facilities without interference or penalty. The timeframes specified in this
section shall be extended only to the extent that the permit has not been qranted or
denied because the City's procedures qenerallv applicable to all permits require action
bv the City and such action has not taken place within the timeframes specified in this
section. Under such circumstances. the Citv must act to either qrant or deny the
permit at its next reqularlv scheduled meetinq or, otherwise. the permit shall be
deemed to be automatically approved.
These paragraphs are added to comply with the requirements of the recent
amendments to Florida Statute 365.172 which provide for timeframes for approval or
denial of permit applications.
(1) Lease Required. Any construction, installation or placement of a
telecommunications facility on any property owned, leased or otherwise controlled by the
City shall require a Lease Agreement executed by the City and the owner of the facility,
unless otherwise prohibited bv applicable law. ...
This clause has been added to reflect law applicable to rights-of-way.
(5) Engineering Report. All applicants for new telecommunications towers and pre-
existing telecommunications towers which are modified or reconstructed to accommodate
additional antennas shall submit a written report certified by a professional engineer licensed
to practice in the State of Florida. The report shall include:
a) The applicable standardG of G§ite development plan FeView of the entire
subject property drawn to scale, including, without limitation:
j} a tax parcel number, a legal description of the parent tract and leased
parcel, total acres and SectionfTownship/Ranqe of the subject property:
ii) the lease parcel fully dimensioned, includinq property lines, setbacks, roads
on or adjacent to the subiect property and easements:
iin outline of all existinq buildinqs. includinq purpose (ie residential buildinqs.
qaraqes. accessory structures. etc.) on subiect property:
iv) all existinq veqetation, bv mass or individually bv diameter, measured for
5
feet from the around of each stand-alone tree on the subiect propertv:
v) proposed/existina securitY barrier. indicatina type and extent as well as
point of controlled entry:
vi) proposed/existinq access easements, utility easements and parkinq for
the telecommunications tower:
vii) all proposed chanqes to the subject property: includinq qradinq, veqetation
removal. temporary or permanent roads and driveways, stormwater manaqement facilities
and any other construction or development attendant to the telecommunications tower.
viii) scaled elevation drawina of proposed telecommunications tower, includina
location of all mounts, antennas, equipment buildinqs. fencinq and landscapinq.
1&-if applicable, on-site and adjacent land uses, and master plan classification
of the site, a visllal impact analysis and ¡¡Rote digitaliz-ation of tho telecommunications tower
::md all attachments includin€ associated buildings and equipment containers at the pro¡wrty
line, as '//ell as at a distance of 250 feet and 500 feet from all proportioG ....<ithin that r-ange, or
at othor points a€ reed upon in a pro ap¡:¡lic::ltien meeting.
This amendment addresses the detailed information required for permit applications.
c) Type of telecommunications tower and specifics of design. includinq:
h equipment brochures for the proposed tower such as manufacturer's
specifications or trade iournals reprints. These shall be provided for the antennas. mounts.
equipment shelters. cables as well as cable runs and security barrier. if any:
lh materials of the proposed tower specified by aeneric tYpe and specific
treatment (ie anodized aluminum. stained wood. painted fiberalass. etc). These shall be
provided for the antennas. mounts, equipment shelters, cables and cable runs and security
barrier. if any:
ilh colors of the proposed tower represented bv a color board showina
actual colors proposed. Colors shall be provided for the antennas. mounts. equipment
shelters. cables as well as cable runs and security barrier. if any:
iy. dimensions of the tower specified for all three directions: heiqht. width
and bredth. These shall be provided for the antennas. mounts, equipment shelters and
security barriers. if any: and
'L a visual impact analysis. with a minimum of two (2) photo diaitalization
or photoqraphic superimpositions of the tower within the subject property. The photo
diaitalization or photoaraphic superimpositions shall be provided for all attachments.
includina: the antennas. mounts. equipment shelters, cables as well as cable runs and
security barrier. if any. for the total heiqht, width and breadth. as well as at a distance of 250
feet from all properties within that ranae or at other points aqreed upon in a pre-application
conference.
This amendment also addresses the detailed information required for permit applications.
h) Special Fee. The City shall have the riaht to retain independent technical
consultants and experts that it deems necessary to properlv evaluate applications for
individual towers. The special fee shall be based upon the hourly rate of the independent
technical consultant or expert that City deems necessary to properly eyaluate applications
6
for tower. The special fee shall be applied to those applications reauirina special review or
evaluation. The special fee shall be reimbursed bv the applicant to the City.
This amendment provides that the City may retain a consultant, if necessary, to evaluate
applications, at the applicant's expense.
(7) Co-location Incentive. Pursuant to the intent of this section, the City shall provide
the following incentive to service providers:
a. The ro'liow of all applications submittod by providors sooking te Ge leGate on
::J pro existing tolocommunicatiom: tmvor or to ront spaco on a pr-Gposed now
telecommunications towor Gh::J1I bo completed by the City no mom than thirty (30) days
following the filing of a City shall arant or deny a properly completed application for a permit
as provided in this section, for the co-location of a wireless communications facilitv on
property, buildinqs or structures within the City's iurisdiction within forty-five (45) business
days after the date the properly completed application is initially submitted in accordance
with the City's application procedures, provided that such permit complies with all applicable
federal requlations and applicable local zoninq or land development requlations, includinq
but not limited to any aesthetic requirements. local buildinq requlations shall apply.
This amendment provides for the new timeframes in the State law.
(20) Public Notice. For purposes of this section and notwithstanding any other
requirements with regard to public notice in the City's Code, any request for a
Gpedal exception conditional use on private property shall require a public
hearing ...
This is a cleanup amendment to reflect current development application name in the City's
Land Development Regulations.
5. Section 31-241(e) of the City's land Development Regulations is hereby amended so
as to provide for consistency of timeframes in Section 31-241, as follows':
Sec. 31-241 (e) Permitted uses on public property.
(2) Uses. All applicants for use in this section shall firGt submit a letter of intent and
all other information as statod in Gubsection (d) horein to the City Manager's office, which
Ghall 130 roviowed 'Nithin 30 daYG from the GubmiGsion of a completed application. The City
Manager is authorized to execute lease agreements and waive requirements as provided in
subsection (d) on behalf of the City. ...
a. 3. No more than one telecommunications tower shall be located on a single
lot or single building site; and
This amendment is required for consistency with the timeframes in the recent State law and
a cleanup amendment to clarify the requirements of this section.
7
6. Section 31-241(f) of the City's land Development Regulations is hereby amended so
as to provide for consistency of timeframes in Section 31-241, as follows 1:
Sec. 31-241 (f). Permitted uses on private property.
(1 )c. The City shall respond to each such application witAffi pursuant to Section 31-
241 (d) takinq into consideration the time dictated by the nature and scope of the individual
request, subject to the generally applicable time frames and pursuant to the intent of
Section 704 of the Telecommunications Act of 1996, but in no event more than W- 20
days for administrative æfIiH§ decisions. Building permit applications shall be processed
within G rom:onable period of time the timeframes set out in Section 31-241 (d).
(2)a. Antennas on pre-existing structures. Any additional wireless communication
facilities required within the existinq secured equipment compound within the existinq site,
such as communication cables. adiacent accessory structures or adiacent accessory
equipment used in the provision of cellular. enhanced specialized mobile radio, or
personal communications services shall be deemed a permitted use or activity. Local
buildinq and land development requlations. includinq anv aesthetic requirements. shall
~...
(2)e. Additional Wireless Communications Facilities. Any additional wireless
communications facilities required within the existinq secured equipment compound within
the existinq site. such as communications cables. adiacent accessory structures or
adjacent accessory equipment used in the provision of cellular. enhanced specialized
mobile radio or personal communications services shall be deemed a permitted use or
activity. Local buildinQ and land development reQulations. inciudinQ any aesthetic
requirements. shall apply.
These amendments are required to reflect the recent State law and to provide that
additional wireless communications facilities must comply with local building and land
development regulations.
7. Section 31-241(g) of the City's Land Development Regulations is hereby amended so
as to provide for consistency with the development applications in the City's Land
Development Regulations, as follows':
Sec. 31-241 (g). SpacIal Excaption Conditional use.
(1) General. The provisions listed in this section shall apply only where an
application for the construction of a telecommunications tower or for the placement of an
antenna in a zoning district does not meet the criteria for approval as provided in
subsections (d), (e) or (f) of this section. An applicant for a special exception conditional
use permit shall submit information described in subsection (d) and the City's Code of
Ordinances and any other reasonable information the City may require. The following
provisions shall govern the issuance for special exception conditional use permits: ...
8
(4) Factors considered in granting sps¡;;!a! exception conditional use permits for
towers....
(4 )h. Design of the telecommunications tower with particular reference to design
characteristics that have the effect of reducing or eliminating visual obtrusiveness"
and
This is a cleanup amendment to reflect current development application name in the City's
Land Development Regulations and to clarify the requirements of this section.
8. Section 31-241(h) of the City's land Development Regulations is hereby amended so
as to provide for consistency with the development applications in the City's land
Development Regulations, as follows 1:
Sec. 31-241 (h). Buildings or other equipment facilities.
(3) Separation. The following separation requirements shall apply to all
telecommunications towers and antennas for which a special oxcoption conditional
use permit is required:
This is a cleanup amendment to reflect current development application name in the City's
Land Development Regulations.
9
LAND DEVELOPMENT REGULATIONS
§ 31-241
(7) Applicability. 'Ihe regulations in this section shall be applied in a nondiscriminato
lIWlDer to other appurteoances, derices and finures that are comparable in ,
weight aud appearance to the subject antennas and to which local regulatio would
normally apply.
(d) Large satellite dish regulation. The provisions of subsection (c) s apply to large
satellite dish antennas. To the extent that any provision of subsection (c 1) materially limits
transmission or reception by satellite earth station antennas, 0 2) Imposes more than
minimal costs on users of such antennas and to the extent that e City cannot demonstrate
that .ueIl regulatioo. is reasonable, that provision shall not ply.
(e) Violœion of «dion. Vwlation or apeciñed condi . and safeguards, when made part of
the tenD8 UDder which the antenna Is approved.. or various provisions or this section, shall
be deemed grounds for revocation of permit punishable as a violation or the Land
Deftlopment Regulations. A awdmum $100.00 per violation may be Imposed for any
violation or this section.
(0 Contact. Both the City and e antenna user shall provide one another with the name
aud address or the contact d' ted to receive notices, filings, reports, records, amendments,
and other types or co dence or information that relate to administration and/or
enCon:ement or this on. All notices affecting the legal rights of the parties and all other
fílingII, reports, documents aud other types or correspoodenœ shall be in writiug, aud
shall be 8ened when delivered by hand or personal service, eerti1ied mail return
receipt requ registered. mail, or express delivery by the designated contact. If such notice
Is not . served, then parties shall follow State rules to determine the consequence of the
service or notice, aud the rights and remedies of the affected parties.
See. 8144L Wire1- telecommunlcatloDB towers and antoDDIUI.
(a) l'urpo«. 'Ihe regulations aud requirements establish general guidelines for the sitiug of
wire1ea tet-...vn~ towers aud antennas aud are intended to accomplish the
foUowiDg purposes: .
(1) Protect aud promote the public health, safety and general welfare of the residents of
the City;
(2) MiDImize residential areas aud land uses from potential adverse impacts of towers aud
antennas;
(3) Encoura&e the location or towers in non-nsidential areas aud to locate them. to the
extent possible, in areas where the adverse Impact on the community Is minimal; .
(4) MiDImize the total number or towers throughout the community by strongly eocour-
aging the co-location of antennas on new and pre-œisting tower Bites as a primary
option rather than construction of additional single-use telecommunications towers;
Supp. No.4
OD31:191
§ 31-241
AVENTURA CODE
.
~
(5) Encourage users of telecommunications towers and antennas to coa1igure them in a
w~ that ",ini",i~ea the adverse visual impact of the teIecommunicatioaa towers and
antennas through careful design, siting, landscape screening, and innovative camou-
flaging techniques;
(6) Minimize potential damage to property from telecommunications towers and telecom-
munications facilities by requiring such structures be soundly designed, constnlcted,
modified and maintained; and
{
(7) Enhance the ability of the providers of telecommunications services to provide such
services to the community through an efficient and timely application process. In
furthetanœ of these goa]s, the City shall at all times give due consideration to the
Cit¡y's master plan, compreheasive plan, ~ map, existing land uses, and environ-
mentaJb' eeasi.tive areas, iDcluding huñic:ane preparedness areas, in apprvving sites
for the location of telecommunications towers and antennas.
(b) lJefú&itiøna. As used in this section, the followiDg terms shall have the meaniDgB set
forth below, and shall control over any other definitions contained in the City's Code of
Ordinances or LDBa:
/u:cu8ory use means a secondazy use including a use that is related to, incidental to,
subordinate to and subservient to the main use of the property on which an antenna and/or
te1ecom"'UDicstioos tower is sited.
.
.AItemative touIer muctuI'e means a design mounting structure that eamoutlages or
conœals the presence of an antenna or telecommunications tower. For example, manmade
trees. clock towers, bell steeples, light poles, utility poles and simßar alternative designs. An
antenna mounted on a utility pole shall be subject to all requirements as stated in this
article.
AntcnM -. transmittiDg and/or receiving deri.ce IllDUDted on. t;eo]ecoJ'\œvnlet'ti') .
toftr, baIldiag or atrw:ture and used In tel_uDi-:atioos (personal wireless] services
that ødiaœs or captures electromagnetic waves, digital signals, analog signals, radio
frequeødes. wireless """""I,nlœ.tions signals and other communications signals iDcludiDg
cIirectiODal antennas such as panel and microwave dish -anteIInas, and omDi~
IIDtennas such as whips, but excluding radar IIDtennas, amateur radio IIDte1ma6 and
satellite earth statioaa.
Bø.ck1uud IIduIork means the Jines that connect a provider's telecommunications towers!
ceU sites to ODe or - ceUu1ar telephœe switching ofñces, and/or 1oog distance proWlers,
or the public switched telephone network.
1Jroadcø.6ting {aciliq means any telecommunications tower built primari],y for the.
purpose of broacIcutiag AM, PM or te1evisi.oo. signals.
Euentlal ~ means those senices provided by the City and other govenunental
entities that direc:tIy relate to the health and safety of its residents, iDcluding fire, police and
rescue.
.
Supp. No. "
CD31:192
.
.~,
LAND DEVELOPMENT REGULATIONS
§ 31-241
~ conditiorur means subsequent to a hurricane, flood, or other natural
hazard 01' subsequent to a defective findiDg on a previous inspection.
FAA means the Federal Aviation Administration.
Fair mar/ut valla means the price at which a willing seller, or telecommunications tower
owner, and willing buyer, or service provider seeking to rent space on owner's telecommu-
nications tower, will trade.
FCC means the Federal Communications Commission.
Guyed IOU1U means a telecommunications tower that is supported, in whole or in part, by
guy wires IUId ground anehors.
Bei¡¡1&t when referring to a te1ecommwûœtions tower or other related BtI'w:ture, means
the wrtica1 distance measured from the finished grade of the parcel to the highest point on
the telecommunications tower or other related structure, including the base pad and any
anteøna.
MÍCl'OlIJ(JW dish antenna means a dish-like antenna used to link telecommunications
(personal wireless service] sites together by wireless transmission and/or receipt ofvoice or
data.
Monopole tower means a telecommunications tower consisting of a single pole or spire
1MIIf-supported on a permanent foundation, constructed without guy wires, ground anchors,
or other supports.
Lattice tower means a telecommunications tower that is constructed to be self-supporting
by lattice type supports and without the use of guy wires or other supports.
Pre-uútinc towel'll cuid pre-uútinc antelllUl$ means any telecommunications tower or
ant.eaDa for which a building permit or special use permit has been properly issued prior to
the eIf'ecthe date of this artkle. including permitted telecommunkations towers or
IUIteIIDas . that have not yet been constructed so long as such approval is current and not
ezpIred.
State 0( 1M art means existing techDology where the level of facilities, technical
perfonnance, capaci.~ equipment, components and service are equal to that developed and
demoast.rated to be more t«'hn'))~~ advanced than general]y available for comparable
service areas hi South Florida.
8t«zlth (acllUy means any teJecomm\Jtliœtions facility which is designed to blend into the
surrouuding environment. Ezamples of such facilities would include, but not be limited to,
arc:bit.ecturaJ screened roof mounted anteanae, building-mounted øntenoae painted to
~. match the existing structure, antennae integrated into architec:tural elements, and tele-.
COIDm11nbtioDs towers designed to look like light poles, power poles, or trees.
. 2WecomrnruUcøtl (acllUy means a facility that is used to provide OIlS or more
! telecommunications serviœs, including, without limitation, radio transmitting telecommu-
,: I1IcatI.ons towers, other supporting structures, and ø.ssociated facilities used to transmit
No.4
CD31:193
, .
,.
§ 31-241
AVENTURA CODE
«
telecommunications signals. All open video system is not a telecommunications £acllity to
the extent that it provides only video services; a cable system. is not a telecommunications
Cadlity to the extent that it provides oo]y cable service.
7I!lecommunic4tio/18 BeroÌCes means the offering of telecommunication (or the transmis-
sion, between or among points, specified by the user of information of the user's choosing,
without change in the Corm or content of the information as sent and received), for a fee
directly to the public, or to such classes of users as to be effectively available directly to the
public, regardless of the facilities used. Personal wireless communication services shall not
be considered as essential services, public utilities or private utilities.
7!!iecollll7lUllicatioll8 tower means any structure, and support thereto, designed and
c:oøstructed primarily for the purpose of supportiDg' one or more antennas inteaded for
tr9n.....itting or receiving personal wireless Šervices, telephone, radio and simiJar commu-
nication purposes, includiug lattice, monopole and guyed telecommWücations towers. 'l11e
term includes radio and television. tI'II'Ismi,.mon telecommunications towers, microwave
telecommunications towers, common-carrier telecommunications towers, cellular telephone
telecommunications towers, alternative telecommunications tower structures, among oth-
ers.
Whip antenna means a cylindrical antenna that transmits signals in 360 degrees.
(c) Applicability.
(1) New úlecommunicatioll8 towers and antennas. All new telecommunications towers or
antennas in the City shall be subject to these regulations, except as provided in
subsections (c)(2) through (3), inclusive.
.
(2) Broadœsting ¡acüities/amateur radio station operators/reœive only antennas. This
section shall not govern any telecommunications tower, or the installation of any
antenna, that is for the use of a broad.casting f'ac:ilit¡y or is owned and operated by a
~-Hceaaed _tear radio station operator or is used escl~ for receive oa]y
antennas.
(3) Pre-e:ciating telecommunlcatill8 towers or IIlItenlIa& ~ telecommunications
towers and ~ antennas shall not be reQ.úired to meet the requirements of
this section, other than the requirements of subsections (d)(10), (U) and (20).
(d) Genual requinment8/minimum stœulœds. Applicants regulated by this Bectioo. III8Y
request a pre-epp1ication cont'ereoœ with the City. Such request shall be submitted with a
_-refundable fee of $500.00 to reimburse the Cit¡y for the cost and f- iDcurred by the
conference. Every new telecommunications tower and antenna shall be subject to the foUowing
miuitnum øtandards:
(1) Lease required. Any construction, instaUation or placement of a telecommunications
Cadlit¡y on any property owned, leased or otherwise controlled by the City shall require
a lease agreement _ted by the City and the owner of the facllity. 'l11e Cit¡y III8Y
require, as a condition of entering into a lease agreement with a te1ecommunicatiol1ll
.
Supp. No. ,
CD31:194
.
LAND DEVELOPMENT REGULATIONS
§ 31-241
service pI"O'rider, the dedication of Ip&C8 on the facility for public health and safety
purposes, as well as property imprcmment 011 the Ieued. 1p&C8. Any dedicatioos and
improvements 8ha1l be negotiated prior to execution of the 1-
(2) Principal or accusory I/æ. Antennas and towers may be considered either principal or
accessory uses. A different existing use of an existiDg structure on the same lot sha11
not preclude the installation of an antenna or telecommunications tower on such lot.
(3) Lot 8iu. For purposes of determiniDg whether the installation of a telecommunications
tower' or antenna complies with the City zoaiDg prG\'ÍSiOI1S, including. bùt not limited
to. Mtback requirements, Jot covenge requirements. and other such requirements, the
cUø>-"'-. of the entire lot 8ha1l control. even though the antenua or telecommuni-
catioaa tower mq be located on leased-parcels within such lot.
(4) 11l11Ðllory of m.túr8 .uu.
.. Each applicant 8ha1l review the City's iIm!ntoty of existiDg telecommunications
towers, ant-n.., and approved sites. AD. requests for sites 8ha1l include speciñc
iDformat:b1 about the proposed location, height, and design of the proposed
te1.ecolDll1llJÜcatioas tower. No new telecommunications tower shan be permitted
unless the applicant demonstrates to the reasonable satisfaction of the City that
DO existing telecommllmcstioas tower, strw:ture or state of the art tec:bnology
thatcJo. not require the use ofnew tel_amDkations towers or DeW structures
can accommodate, or be modified to accommodate, the applicant's proposed
anteaD.a. Evidence submitted to dem.oostrate that DO existing telecommunica-
tions tower, strw:ture or state of the art technology Is suitable shall consist of any
of the following:
1. An 81fidavit demøastratiDc that the applicant made diligent efforts for
penaJssIøn to 1DStaIl.. co1Ioœte the app1icant's ~ID""'~. fadli-
ties on ~ owned telecommnnlMlH- towers or usable antenna support
Ioc8ted within a CIIIiHaa1f mile radius of the pI'OpOIIed telecommunications
tower slte.
2. An 81fidavit demøastratiDc that the applicant made diligent efforts to
fII8t811 or coDøcate the IIp¡IIkaDts ~.....nleat1oas facDitieø on towers or
uæab1e 8IIteaDa support structures owned by other penons located within
a one-ha1t'mIle radius of the proposed te1ecommnnlcsUons tower site.
S. An affidavit demoastratiDg that existing towers or structures located within
the pocrspbIc -=. area as determined by a radio ftequency eagiDeer do
not haw the c:apIId.Vto provide nasoaable tec1uúeal servf.ce coasIstea.t wi(4
the app1icant's techDIc8l SJBtem. including but not limited to. applicable
FCC EeqU1rements.
4. EzistIDg towers or structures are not of 811fficient height to meet applicable
FCC requirements.
..' .*'
CD31:195
§ 31-241
AVENTURA CODE
.
b.
Edstiøg towers or structure& do not have sufficient 8tnIctural strength to
support app1icaDt's proposed antellna and related equipmeo.t.
'lb.e applicant's proposed antenna would cause electromagneticlradio fre-
quency inteñerence with the antenna on the existing towers or structures
or the antenna on the existing towers or structures would cause inteñerenc.:
with the applicant's proposed antenna.
The fees, costs, or contractual provisions required by the owner in order to
share an existing telecommunications tower or structure or to adapt an
existing telecommunications tower or øUucture for sharing are unreason-
able. CoIItø exœecliog new telecommunications tower development are
pre8UJIIed to be anre_~
The applicant demoaøtrateø that there are other IimitiDg factors that render
existing towers and øtructureø unsuitable.
The appIIœ.nt demoostrateø that state of the art tecImology used in the
wireleøø teIecommunicatioas buøineøø and within the scope of applicant's
FCC 1iceDSe. is UDSUitable. Costs of state of the art tecImo1ogy that exceed
new telecommunications tower 91' antenna development øhaR not by itself
be presumed to render the teclmology unsuitable.
The City l11li3" share such iDfonIIat:iœ with other appliœntø applying for a
permitted use on private property and øpecial ø.cepIioa. use under this article or
other organizatioas seeking to locate antennas within the juriødic:tion of the City
provided, however, that the City is not, by sharing such information, in any way
representing or wammting that such information is accurate or that such sites
are avai1ab1e or suitable.
.
6.
6.
7.
8.
9.
(6) En&fn«rln61yorL AJIapplicto'1b1 b' _~"InniMdoa.. toweI'II and pre-exiating
te1ecommvnicatloDS toweI'II wbich are modified CIl'-1'ØCOII8trw:ted to accommodate
8dditioø.øl antennas 8baD. 8Ubmit a written report certified by a ~ engineer
1iceaøed to pI'IIdice In the State of ftorida. The report øba1l indude:
a. The eppliœble standards of site plan reriew, drawn to scale, induding without
limitation. a legal a-iptIœ of the paœnt t:nct and leased parœ1, If app1icable,
on-site and að,facent land uøeø, IrIaøter Plan ~18ssificatioa of the site, a visual
impøct ~ and photo digltati-tItJn of~ telecommunications tower and all
attac:hmenta indudiøg uøod~ buIIdiiIgs and equipment containers at the
property line, .. wen.. at a distance of 250 feet and 500 feet &om all properties
within that I'IUIp, or at other points qreed upon In a pre-øpp1lcation coDf'erence~
If applicable, a D81T&tive of wily the proposed te1ecomm"l!icatl.oaS tower C8IlI1ot
compJ,y with the requlrementa as stated in this section.
Type of telecommunications tower and specifics of design.
b.
.
Co
Supp. No. "
CD31:196
.
.
LAND DEVELOPMENT REGULATIONS
§ 31-241
d.
Current wind-loading capacity and a projection of wind-loeding capacity using
dift'erent types of antennu .. contemplated by the applicant. No telecommuni-
cations tower shaD be permitted to exceed ita wind loading capacity .. provided
for by the South Florida Building Code.
A statement that the proposed telecommunications tower, including reception
and transmission functions, will not interfere with the visual and customary
tnnemiømon or reception of radio, television or similar øervices as well as other
wireless services epJoyed by adJacent residential and non-residential properties.
e.
A statement of compliance with all applicable buildiDg codes, aøsoc:iated regula-
tfoaa and aaf'eC¡y 8t8Ddards as prorided in aub8ectiDn (d)(18) berein. For all towers
attacbed to esi8tiag 8tI'ucture8, ~ atatemeat 8b8Jl1adu4e certi1icatiøn that the
structure CIII1 eupport the load superimposed from the te1ecomm.UDicatioas tower.
~ ñcn prvvIded in sub8ec:tioa. 00(2). 8J1 towers 8b8Jl have the capacity to
permit multiple ..-.; at a JDioimam, mœopoJe towen 8b8Jl be able to accom-
modate two users and, at a JDioimam, lIe1f-eupportJ1attice or gII1ed towers sba11
be able to accommodate three users.
g. A:ny additional information deemed by the City to be necessary to assess
compliance with this section. .
f.
(6) ~ Pursuant to the intent of this IIÐC:tioD, ccHocation oftelecommanleation
anteanas by - than ODe prorider on ezIstiDg telecommanleatioas towers shaD take
precedence aver the construction of new telecommanleation towers. Accordingly, in
addition to submittiDg the information required in subsection (d)(4) of this section,
each application shall include a written report c:erti1ied. by a professional engineer
IiceDsed to practice in the State of Florida, stating:
L '1be pocn.pbicellÐniœ area requiremeats;
b. ){øIoh.nle8l or elec:triœl1Dcompatlbility¡
Co A:ny IeIItrÜ:tIøcI8 01' JimfWtion. orthe Federal ('.œ"'wplestloas ('.( mntf-'oro that
would preclude the 8b.ued use or the te1ecomm.unleøtlons tower; and
d. A:ny additioaal information requind by the at;y. If the City does DOt sccept the
fWl enaluatklo. .. provided as eccurate. 01' if' the City disagreœ with ~ part of
the enaluatfœ, the time in wbk:h an appUcation Is processæ pursuant to this
ertide 8b8Jl be to1Ied peadiDg fiuther Ø'l8luatIoø..
(1) Co-loœtion lncentive. Pursuant to the intent of this section, the City sba11 provide the
foDøwføg iDœntive to IÐniœ providers:
L '1be review or 8J1 app'\icatløaa 8ubm1tted by providers seeking to co-locate on a
¡mHIZIst\Dg teJecouupnnl~ffoaø tower or to rent 8pBœ on a proposed new
telecommUJ lestfoaa tower.lhaJ1 be completed by the City no - than 80 dsys
following the fi1iDg of a completed, appUcation as provided in this section.
CD31:197
~~
.~~
AVENTURA CODE
.
, ,Authetics. Towers and antennas 8hal1 meet the following requirements:
a. Towers sba1l either maintain a galvanized &teel fiDiøh 01', subject to IIDJ' applica-
ble ataDdarda of the FAA. be painted a neutl'al color 80 as to reduee visual
obtrusiveness.
b.
At a telecommunications tower site, the design of the buildings and related
associated ancillary structures shall, to the extent possible, use materials, colors.
textures, screening, and LandscapÎDg that will blend them into the natural setting
and surrounding buildings to minimize the visual impact.
All telecommunications tower Bites must compI,y with IID3 tAnd'ICIIpÎDg require-
ments of the Cif;y Code and aU other appIice bIe aesthetic and ~ requirements
of the Ci~ IIIId the Cif;ymqrequlre JAM-PIIgin- oftbøsereqalremæts
in order to eobaDœ ~iC¡y with BAijacea.t resIdentia1l111d --residential
land -. All J.øð-PI\( 8luJJl be ~ tnAln...I""" to ensure good health
aM ~ at the - ezpense. 'IeJ_,""nl....~ tower fad1ities 8ba1l be
løntJ_ped with a buft'er ofpJant materials that efI'ecIiveq screens the view oCthe
telecommluücations tower compouud c:onsistiDg oCthe telecommwüœtioas tower
and antennas, backbaul network and IID3 structure or equipment cabinet, from
property used Cor residences. The standard buffer shall consist of a landscaped
strip at least five feet wide outside the perimeter of the compound. In locatmns
where the visual impact of the telecommunl~tlnn. tower woaJd be minimal, the
Jønð-piAg requirement may be reduced or waived by the CiC¡y Manager or his
designee. Existing mature tree growth and natural land forms on the site shall be
preserved to the JD8%ÎIDum extent possible. In some cases as determined by the
City Manager or his designee, such as towers sited on large, wooded lots, natural
growth aroUDd the property perimeter may be sufficient buffer.
If an antenna is instaUed 011 a IItructure other thaa. a teI_maaleat1oa8 tower,
the antenna aM supportiag eIectriCIIl 8Dd ..rAn""" equipment must be oC a
aeuUal color that is identical to, or ~ ciompatib1e with. the color of the
supporting structure 80 as to maIœ the entenDa and related equipment as
visual17 unobtruslve as poaib1e.
.
Co
cL
(9) Lighting. No IIigDa1s. artificial lights, or m"minAtioot 8ba1l be permitted on IID3
antenna or te1ecommll"ic-tl..... tower uaJess required by the FAA or other appUcable
authority. If 1ightIag is required, the Ughtiag alternatives and design chosen must
c:auøe the least distarbance to the 8UmIIIIIdiDg views.
(10) &tbacka. 'lbwers must be set back a minimum distaDœ oC 110 percent of the height of.
the te1ecommunicat1on. tower from the JII'OP8I'C¡y Una.
(W 8epcratúm. ~ te1ecomrn"nf....tlnns tower 8ba1l be separated from IID3 other telecom-
mUDieatmns tower by a distance oC no Iœs than ODe mile as measured by a straight line
between the bases of the towers.
Supp. No. <I
.
CD31:198
LAND DEVELOPMENT REGULATIONS
§ 31-241
(12) Height. Telecommunications towers shall not be constructed at &DJ' heights in excess
at those provided below:
a.
For a single user, up to 90 feet in height;
For two users, up to 120 feet in height;
b.
c.
For three or more users, up to 150 feet in height;
For the purpose of determining compliance with en requirements of this section,
measurement at telecommunicatioos tower height shall include the telecommu-
aicatioas tower structure itselt; the base pad. and &DJ' other teJ-oœmt1ulcatioos
facilities attached thereto wbich utead II1O1"e than 20 feet over the top at the
telecomm"nbtimoe tower 8tn1eture itIIel£ Telecomm11plœtioos tower height
shall be measured fiom. grade.
d.
(IJ) L«al, Sf4œ or Fedual ~ The CODStt'uctioo, opendioD. and repair of
teIÐcomP'l1micatioø8 facilities are subject to the regulatory supervision at the City. and
sbøD be perConned In compJiauœ with en laws, ordiDanceø and practices aft'ecting 8uch
QBtem fDdwJiDg, bat DOt Jimited to, zoning c:odés, building codeø. and ~ codes,
and as provided In øubøection (d)(10) and (U). '!be construction, operation and repair
sha1l be performed in a manner consistent with applicable industry standards,
iadwJiDg the E1ec:trook Industries AssocIatioo. All teJ_m"'1~tion towers and
antennas must meet or exceed curreo.tstandarcls and regulations of tile FAA, the FCC,
fDduding eml~'!Ïon~ standards, and lID)' other agency of the local, State or Federal
govemment with the authority to regulate towers and antelmas prior to issuance of a
building permit by the City. If such applicable standards and regulations require
retroadive appJia!.tion, then the owners of the telecommllnl-:ations towers and
antemw gvvemed by this øec:Cion sha1l briDg IIUCh towerø and antemJas into
OOt"pUI- with IIUCh revised 8taDdudø and recuJatiooa within 8ÍX IIIOIItb8 of the
eðèctheclaœ of IIUCh standards and ngulatIoa.ø, Jm1eøI a ~ """Ip1I,nce
1ICbeduJe. Is m_nd_ted by the COI1troDiDg State or Federal qoeaq. Failure to briDg
c-.. and antèaa.u Into comp1laace with IIUCh rø'II8ed IItandards and regu1atIœs
8bøD _stitute grounds for the reII1CI9'II1 of the telecommunlcat1ons tower at the
0WDeÅ upease..
(1~ Bulldin8 coda; aafety IItandards.
a.
To ensure the ~ ~ of teJ_muDiœtioas towers Inøtalled, the
owner 8bøD coastruct and maintain the telecommunications tower In compliance
with the South F1orida BuDding Code, and en other app1icable codes and
standards, as ameadecI from time to time. A ltatement shall be aubmitted to thl!'
City by a prvfeøøIoaa.1 eagiueer certIf1iug "C)1Up1IIDce with this øubøectIon upon
comp1øtlon of CCID8t:nICtion 8DdIor øubøequent modifiœtiœ.. Where a preexIstiDg
8fz'acture, fDdwJiDg light and power poles, Is requeøted as a stealth facility. the
facility.. and en modifications th~ 8heD comply with en requirements as
8upp. No. "
CD31:199
§ 31-241
AVENTURA CODE
provided in this article. Following the issllllDCe of a buildiDg permit, the City 8ha11
roequire the owner to provide a proCessioaa1 auaJysis of a 8CIil sample from the base
of the telecom.muøic:ø.tions tower /lite to assure integrity of the foundation.
b. The City reserves the right to conduct periodic inspection oftelecoD1DlUDÏcations
towers to ensure stroctural and electrical integrity. It; upon inspection, the City
concludes that a telecoD1Dlunications tower fai1s to comply with such codes and
standards and constitutes a danger to pet8OI18 or property, then upon notice being
provided to the owner of the telec:oaunuøic:ø.tions tower, the owner shall have no
more than 30 da.ys to bring such telecoD1Dlunications tower into compliance with
such standards. Failure to bring such telecoaunlllÚ-:etions tower into compliance
within 30 da.ys shall coastitute grouøds for the removal of the telecommunica-
tions tower or antel1na at the owuer'. espeIIIIe.
(16) Wamln,g ~ Notwitbstaadiag aD1' contrary provisions of the City's Code, the
following shall be utilized in connectioa. with aD1' telecommuaiœtions tower or
antenøa/lite, as applicab1e.
a. If high voltage Is necessary for the operation of the te1ecommuøic:ø.tions tower or
aD1' accessory øt:ruA:ture8, "HIGH VOLTAGE-DANGER" warning signs shaJl be
permanently attached to the fence or wan IIU1'1'OI1IldiDg the structure and spaced
no more than 40 feet apart.
b. "NO TRESPASSING" warning signs shall be permanently attached to the fence
or wan and .paœci DO more than 40 feet apart.
c. The height of the lettering of the warning signs shall be at least 12 inches in
height. The warning signs shall be installed at least five feet above the finished
grade.
d. The warning signs may be attached to freestanding poles if the content of the
/IÏID8 may be ob8tructecl by llU1d.srepillg.
(16) Set::wit:¥ fau:ln8. ~mvnl_Hnnt tcmmI and the ~ buildiDg(I) anðIor
equipmeAt IIS8OCIàtëd tberewith sball be eødœed by 8eCUrÍt7 fencing DOt 1eøs than 8ÌX
feet ill height and sball .:Iso be equipped with an appropriate anti-c1imbiDg cleriœ;
provided bøwever. that the ~ may waive 8uch requinm.eu.ts.
(17) MeœuremenL For purposes of measurement, telecolDll1UlÚœ.tioas tower setbacks and
øeparatioa. dÍ8tIIIICe8 sball be c:elcu1ated and applied to f'adliti.es located in the City
irrespective of Mswidpal and County jurisdictional boundaries.
(18) Not.-.tlal 8U'IIica. '1'e1ecomø>uolcations towen and IIØt.mnas øhall be regulated
and pemútted punuant to this article and sball DOt be regulated or permitted as
essential serviœs, public utilities, or private utilities.
(19) ~/llœt&aea. Owners anðIor opæatorI oCtowerI or anteDnaa øhall certify that
all ~ required by law for the coaatruction and/or operation of ~
wireJea COIJ'"",nl-:atiol1ly11tem In the Cit;y have been obtaiued and shall fi)e a copy of
all required fraDchIøesIIice with the City.
Supp. No. 4
CD31:2OO
.
LAND DEVELOPMENT REGULATIONS
§ 31-241
(20) Public noliœ. For purposes of this eec:äon and notwithstanding any other require-
meAts with regard to public aotice in the City's Code, ~ reque8t for a special
aceptioo. use 011 private property aIWl require a public hearing that shall be
advertised at least &eVen days Wore the public hearing in. a newspaper of general
circulation and readership in. the municipality. A c:ourtesy notice shall also be mailed
to all affected property owners within. 300 feet of the subject property prior to the
public hearing. 'Ibe property shall also be posted with a sign in accordance with the
City's ZOI1ÍDg provisiODB. If approved, the owner of any telecommunications tower
approved for shared use shaJ1 provide notice of the location of the telecommunications
tower aød the tower's load c:apadty to all other proYiders recu1ated by this article. All
CXI8tB related to the pubUc notice aIWl be paid by the appUca.at.
(21) Sigru. No Biens. iDcludiag COIIUIIerdal atI'fe1'tisIDg, logo, political BI4:ns. fben. flags, or
banaen, wbetber or DOt posted temporsriq, aIWl be allowed on ~ part of an antenna
or te1ecommllnlœtiœs tower.
(22) Brdldin6s GIld 8U JpOI't equipmmt. Buildings and support equipment .68OciatecI with
anteaDas or towers aIWl COIIIpIy with the requirements or subsection (h) below.
(23) lnøpectúms; repoI't$; fees.
a.
Telecommunications tower owners shall submit a report to the City certifying
BtnIcturIIl and e1ectriœl integriI;y wary two 1U1'B. 'Ibe report shall be accompa-
nied by a --refundable fee or $200.00 to reimburse the City for the cost of
review.
.
b.
'Ibe City ma.y conduct periodic inspection of telecommunications towers, at the
owner's eq¡eose, to ensure structural and electrical integrity and compliance
with the provisions or this section. 'Ibe owner or the telecommunicatiODB tower
ma.y be requked by the City to have more frequent fnspec:tjoas 8hou]d there be an
emspaq, ~ coaditioas or other reason to belie'I'e that the Btructurel
8Dd eIec:tdc8l ~ of the telecommunicatiOl!s tower Is jeopardized. 'lbere
8ha1l be a ",.-nm\1m or - iDBpection per J98r UDlæ8 ~ or extraordinary
coadWoa8 warrant.
.
(e) l'em&iUed usa em public properly.
(I) General. 'l'be -1isted in this 8eCtion ~ ~t¡~ to all wireless telecommuni-
catioaø antennas 8Dd towers 1acated 011 property 0WDecI, 1eased, or otherwise con-
tro1I.ed 88 apecIfiecI in 1!t'1Meetiœ (d)(1) by the City, provided a 1eese agreement
pursuant to 8iIb8ec:tiøn (d)(1) hea been approved by the City. 'l'be City reserves the
right to modif,y or waive the requirements for use 011 public property, but aIWl DOt be
nquired to proV1de - to City IJI'OII8IV. A determination wbetber to graDt or deuy.
. wmerreque8t tibaD. be made in accorcIance with Bt8DdarcIa to be adopted by
8dmInIs\;rat1ve ngu]at\oø. or the City.
(2) U-. All app1icanta for use in this 8eCtion tibaD. first submit. Jetter ofiD.tea.t and all
other iDformation 88 stated in subsection (d) herein to the City Manøger's ofñce, which
8upp. No. .
CD31:2O1
.1 .0:;-
§ 31.241
AVENTURA CODE
.
8høll be reviewed within 30 CÙIy8 from the sublllÌBSÍOl1 of a completed application. The
Cit¡y Manqw Ì8 authorized to eøcute le88e qreemeøts and waiTe requirements as
pruvíded In subsection (d) on behalf of the City. The - permitted under this secti.OQ
are as follows:
a.
Rooftop mounted telecommunications towers and antennas.
1. The height, including support stl'uctures, shall not extend ~ore than 30 feet
above the average height of the roof line;
2. Sc:reeaing shaD be required to minimize the visual impact upon adjacent
properties;
3. No more than - telecommunications tower shall be located on a siDele lot
or siagJe baDdiDc site;
4. Rooftop telecommunications towers 8høll not adverseJ,y affect adjacent
properties.
Te1ecaaun1lJlle8tioas towen aad/Ol' antenn.aa constructed pursuant to this section
shall be esempt from the ØÚlÚmum cIistanœs from residential zoning districts as
provided In subsection (g) below.
b.
c.
No lease granted under this sec:Iion shall convey any exclusive right, privilege,
permit or franchise to occupy or use the public 1ands of the city for delivery of
te1ecomm"nl"Rtóons serriœs or 8IJY otber pU1'pO6S.
.
No lease granted under this sec:Iion shaD convey any right, title or interest in the
public lands other than a leasehold interest, but shaD be deemed on]y to allow the
use of the public 1ands for the limited purposes and term. stated in the lease. No
lease shall be construed as a conveyance of a title interest in the property.
(t) Permitted '"" em N'ÍIJaú pr'ØiJÐV.
d.
(1) GeneraL The - listed in this sectioa. app1J to all wireless Wecommunicatioas
anteanaa and ~_D1va1œtions towen Jocated oa. private property. Tbe CoIIowiog
pt'O\'ÍSÎOII8 sbaD. CQftm the issuaaœ of appI.'OV8l b7 the City parIIUIII1t to this section:
a. Eed1 app'6eant sbaD. øppJ,y to the City for a permlhl1vridiDg the Information as
set forth in subsectIoDs (d) and (g) of thfs sectioa, and a DOmefuDdab1e fee of
$1.600.00 to reimbune the City ~ the costa of revIewiDg the application.
b. The City sbaD. review the application and determine if the proposed use complies
with appIIcsbIe subsecdAms of thfs section.
c. The.City sbaD. respoad to eaœ sw:h application within the time dictated b7 the
nature and scope of the individual reqUðSt, subject to the generaIJy appHcable"
time era- 81Id punaant to the intent ofsec:lion '1M of the Te1ecommunlcations
Act of 1996, but In DO eveat more than 30 CÙIy8 for administrative zoning
deCiøIøas. Bui1ding permit applications sbaD. be processed within a reasonable
period of time.
Supp. No. "
.
CD31:202
LAND DEVELOPMENT REGULATIONS
§ 31-241
d.
In c:ocmectiœ with any such approval, the City ma.y, to encourage the use of
moaopolea towen, 8Ilow the recoastructioI1 of an aisdDg telecommunications
tower to moaopole c:oostruction. The recoastroc:tioo. shall, at aU times, comply
with the standards and requirements of this section.
If an application pursuant to this section is denied, the applicant shaII file an
application for a special exception use permit pursuant to subsection (g).
e.
(2) Usa. The followiDg uses msy be approved by the City Manager or his designee after
conducting an sdminIstmtive review:
II. .ÑIWIM8 on pre-ž.tin8 8Ú'fICtUlU ADy antenna which is not attached to a
PnHIZistÜII telecoll.'",nnwtïøns towel' mq be approved by the City as an
a-:r use to any comma-dal, iDdustzial. prof-oaal.. institutioaal, 01' multi.
famiI1' strw::ture of eight or more dwe1liDg units. provided:
1. The antenna does DOt est.eDd more than 80 feet above the highest point 0(
the structure;
2. The anteona complies with all applicable FCC and FAA regulations and aU
applicable building codes; a,nd
3. To IIIÍI1ÎD1izE!. adverse visual impacts, antennas shall be selected based upon
the f'oIlowiag prioriQr.
i, Any stea1thed antenna;
ü. Panel;
ill. Whip: and
iv. Dish.
The appUœnt shall demonstø.te, in a manner acceptable to the City, wb,y each
choice canaøt be used f« a particular appllœtion It' that eb.oice is not the top
priority.
b. .ÑIWIM8 on ~ ~ tcxøera. An antenna wbfch Is at-
tad1ed to . pn.ezIstIDc ~unicatiøas towel' mq be approved by the City
provided such co-batiIIn Is IICCCIIIIpIishecl In . - COII8istent with the
Collowiug:
1. A telecommunications tower which is m.odüied or reconstructed to accom-
modate the co-location of an .'¡'¡ltô9D8l antenna shall be of the same
telecommn'1leøtJ.ons tower Qpe as the existing telecommunications tower,
unless the City aDows reconstn1c:tIon lIS . monopole pursuant to this
section.
2. HeIgbt. An ezistiDg telecommUlliœtions tower mq be modified 01' rebuilt to
. taUer height, to .-modsts the co-1ocaUon of an edditiona1 antenna(s),
oaq It' the modification 01' recoastmctIon Is In full compliance with this
section. Tbis provision shall iDclude utmty and powerpoles. The additional
Supp. No. 0(
CD31:203
§ 31-241
AVENTURA CODE
.
4.
height referred to above shall not require an additiooaJ. distance separation
as set forth in subsection (g). 'Ibe tower's premodification height shall be
used to calculate aueh distanœ separations.
Onsite loeation. A telecoøununications tower which is being rebuilt to
accommodate the co-Iocation of an additional antenna may be moved onsite
within 50 feet of its existing location. After the telecoøununications tower is
rebuilt to 8CCOøunodate co-Iocation, only one telecoøununications tower may
remain CIA the site. A relocated onsite telecommunications tower shall
continue to be measured from the original telecommunications tower
loeation for purposes of calculating separation distanœs between towers
pursuant to subøectioas (d)(U) and (g)(3)b. 'Ibe Iocatiœ. of'a telecommuni-
cations tower 8hsD. in no way. be deemed to cause a vioIatiœ of subsec:tions
(d)(U) and (g)(3)b. .
Mic:rowave dish antenn.øa located less than 65 feet above the crouud may
not øœed six feet in diamøter.1rIicrowave dish antea.nas located 65 feet and
higher above the ground may not ez.ceed eight feet in diameter. Ground-
mounted dish antennas must be located or screened so as not to be visible
from abutting public streets.
Alternative telecommunications tower stn1cture. Locating an alternative tele-
communications tower structure in an MI, OP, YO and B2 zoning district that is
in COIÛormity with the goals set forth in subsection (a) of this section.
.
3.
Co
d.
Cable microœ1l network. Installing a cable microœ1l network through the use of
multiple low-powered transmitters/receivers attached to existing wire1ine sys-
tems, such as conventional cable or telephone wires, or similar technology that
does not require the use of towers.
(g) SpeciI:d ux:epti4n. use.
(1) Chn.ual. 'lbe proviaioos listed in this section ~ oøJy where an application for the
coostrw:tion of a teJMomftlUl'IePHtIQI tower or the placement of an antenna in a sooIng
4istrict cIoes not meet the criteria tin- approval as prCI\'ided in subøec:tIoas (d), (e) or (f)
ot'thIs section.An app1kant fOr a spec:Ial er;œptiœ use permit sban submit IIifonnation
described In au.bsectføø (d) and the CitTø Code of Ordinances and ~ other reasonable
infoanatiœ. the Cit7 may require. 'Ibe following provisions sbaU gvvem the issuance
tin- special øœptioa. use permits:
a. Comp1l!ll- with the procedures and requiremøDt8 of special ezœptionuses as
stated In the ~ Code or Ordinances, including the zoning provisions, and as
required In this section.
b. In grantiDg a permit, the City ma,y impoøe conditions to the utent the City
coacludes aueh eoødit1oas 81'Ø DeCBII8II1'7 to IIIiIúmize ~ adverse eft'ect of the
propoeed teIecommuaJœtlOI"I tower or antenna 011 acUoinIng properties or to
satis(y the special exception criteria.
.
SUp >. No. ~
CD31:204
.
LAND DEVELOPMENT REGULATIONS
§ 31-241
-8
c. Any inCormatioo. or an engineering nature that the applicant submits, whether
civil. l1""""anlœI, or electrical, sba1l be certiñed by a licenøed professioo.al
engineer.
d. A non-refundable (ee o( $500.00 to reimburse the City (or the costs o( reviewing
the application. in additioo. to all other applicable fees required by the City.
(2) &t1xJck& Notwithstanding any contrary provision of the City's zoning regulations, the
f'ollowiDg setback requirements sball apply to all telecommunications towers (or which
a permit under this øectioo. is required:
a. Towers must be set back a minimum distance or no percent of the height of the
telecommanlcatioas tower f'tom the property line.
b. 'lbe base of any ~ and ~ buiJdiDp must satis(y the minimum ZOIÚIIg
cIistrict øetbadt requirements with reference to special exception use, but not to
include reference to rightlHlf'-wø.y coo.tro1Iecl by the CiW-
(3) &parøtion. 'Ibe fo1lowing separation requirements shall apply to all telecommunica-
tions towers and anteanas (01' which a special exœptioo. use permit is required:
a. Separatioo. from oft'-ilÏte usesfdesignated areas. Telecommunications tower sepa-
ration sbal1 be measured from the base of the telecommunications tower to the lot
line of the oft'-øite uses and/or designated areas as specified in Table 31-241,
except as othenrise proYided in Table 31-24L Separation requirements (or towers
sball comply with the minimum standards established in Table 81-241.
b. The separation distance from other towers described in the invent.oJ:y of eñsting
sites submitted pursuant to section 45-104(d) sbal1 be shown on an updated site
plan 01' map. The applicant shall a1so identif;y the type of CODStnlction of the
existing telecommunications tower(s) and the ownerIoperator of the eñsting
telecommnnl...tI- tower<s). Iflmown.
TABLE 81-241
Off..ue Uee Daf,fntated Arm & m.tanœ
~ordup1el:l'I!IIideatisl UDits* 600 feet or aoo percent height of tete-
"'O..........lcationa tower whichever Is
greater
Vau:ant ~ or dup1s residen- 600 feet or aoo percent height or tete-
tiaDy sœed land communications tower*. whichever Is
greater
EzIstiDg "'n'HI.lftny æsIdentia1 units 100 feet or 100 percent height oftele-
greatel' than dup1eE wdtø ( C) t 1ft..nl~ns tower whichever Is
greater
Noo.-resI"-tiatIy r.oaed 1aada or 1IoIl- Neme; only setbacks apply
. Ì'Mo(dettf:Ia' UBe8
udea modular homes and mobUe homes used (or living PUI'pOSeS.
CD31:205
j
§ 31-241
A VENTURA CODE
"Separation measured from base of telecommunications tower to closest build-
ing øetback line.
Separation distances between telecommunications towers. Separation distances
between telecommunications towers shall be applicable for and measured be-
tween the proposed telecommunications tower and pre-existing towers. The
separation distances shall be measured by drawing or following a straight line
between the base of the prIH!Xisting telecommunications tower and the proposed
base, ¡iursuant to a site plan, of the proposed telecommunications tower. The
separation distance shall be a minimum of one mile, regardless of type of towers.
(4) Factors considered in grøntin¡¡ 6,P«ial uœplùm pennits for I4wu8. In addition to 8Dy
Itaødards for consideration of permit applications pursuant to the Cit,t. Code of
0nIhwaceø, IDdudiDg the LDBs, the -City sha1l consider the following factors in
determining whether to f8sue a permit:
.. AV8ilabilii;y of suitable ezistiDg telecommunications towers, other structures, or
state of the art tec:hnologiæ not requiring the use of towers or structures.
b. Height of the proposed telecommunications tower.
Co The setback and separation distances between the proposed telecommunications
tower and the nearest residential units or residentially zoned properties.
d. Prœimii;y of the telecommunications tower to residential structures and residen-
tial district boundaries.
c.
e.
Nature of uses on adjacent and nearby properties.
c. Surrounding topography.
g. Surrounding tree coverage and foliage.
h. Design of the telecomm'lplaofion. tower, with particular ref'eræce to de8ign
cbaracteristies that have the effect of reduc:ing or.eliminating visual obtrusive-
ness.
i. Proposed ingress and egress.
(b) Buildin,p or othu equipment (adlitiu. 'Ibe following standards shall app1y:
(1) AnteIIIICI8I11OlU1ted em 8tnIcturu or røøftøpa. '!be equipment cabinet or øtructure used
In association with antennas shall com.p]y with aU of the foUowiDg:
.. '!be cabinet or atru.cture sha1l not COIltain more than 300 square feet of gross floor
area or be more than 80 Inches In height. In addition, for buildings and Itructures
which are leis than four atories In height, the related on....."noo equipment"
Itructure, If over 100 square feet of gross floor area or three feet In height, shall
be located 011 the ground and sha1l not be IDeated on the roof of the atru.cture
UDless the building or structure Is compleœq screened from IIight pursuant to the
requirements of subsection (d)(S).
Supp. No. ,
CDS 1.:206
.
\
LAND DEVELOPMENT REGULATIONS
§ 31-241
b. H the equipment structure fa IocatecI. on the roof of a building, the area of the
equipment atr:ucture and other equipment and øtz'w:tures IhaI1 not 0CCUP7 more
than five pm:ent of the roof area.
c. Equipment buildings or cabinets shall comply with all applicable zoning and
building codes, including minimum setback requirements, as provided in subsec-
tion (g).
d. Moone or immoone equipment not used in direct support of a telecommunications
tower facility shall not be stored or parked on the site of the telecommunication
tower, unless repairs to the telecommWlÍCatioas tower are being made.
e. All buildiDgø and equipment cabinets IhaI1 be UJIOCCClpied at all times.
(2) ADtemw DOt Jocat.ed 011 tA!lecommaafcatlœ. tower; Ø1OW1ted 011 utOity poles or light
poles. '!be equipment cabinet or atr:ucture used in association with antennas 8ball be
1ocated in IICCCJI'daDœ with the foUøwiøg:
.. In residential districts, the equIpment cabinet or structure IIUI3' be located:
1. In a side yard setback provided the cabinet or atr:ucture is 110 greater than
three feet in height or 16 øqaare feet of gross floor area and the cabiuetI
stzueture is Jocated a minimum of five feet from all lot lines. '!be cabinet!
structure shall be screeued by an evergreen hedge with an ultimate height
of at least 42 to 48 iDdIes and a planted height of at least 86 iD.cbæ.
2. In a rear yard IIetback, provided the cabinet or atr:ucture fa DO greater than
five feet in height or 16 square feet in gross floor area. 'l'he cabiuetlstrw:ture
shall be screened by an evergreen hedge with an ultimate height of 72
inches and a planted height of at least 36 inches.
b. In commercial or industrial districts the equipment cabinet or structure shall be
110 greater than five feet in height or 25 øqaare feet in gross floor area. 'DIe
tItnd:are or cabinet 8ball be ---- by en ~ becJ&e with en a1tfmate
heigbt of '12 iDcbæ and a planted height of at least 86 inches. In øIl other
iDataDœs, IItrw:ture8 or cabinets 8ba1l be ecreeaecI from ~ of øIl residential
properties which abut or are directIT -- the atreet from the structure or
cahIDet by a IOlid ID8IIOIU'T feaœ 8bt feet in height or an evergrem hedge with an
a1tfmate height of 8bt feet aDd a planted height of at least 86 Im:hes.
(3) .ÑItmIIU lœaI«l em foUIer8. '!be related nnm.nn"'" equipmeat structure 8ball not
contain - than 1600 square feet of gross floor area or be more than eight feet in
beIght, and IhaI1 be Jocated in accordaDce with the minimum yard requirements of the
-mg district in which Jocated.
(i) &moøal 0( abGndotI«l anteMG8 GIld toIDa'8. AD:¡ antøDna or telecommunicatioas tower
that fa DOt operated far a COI1tinuou8 period of 12 mœtbs 8baJl be considered abandoned, and
the OWIUII' of 8Ud1 anteaD.a or tAI_mgni.c8tWis tower 8ba1l rem.ove the same within ÐO days
of receipt of notice from the City notIf.Jiøg the owner of III1ch 1Iband-t. Failure to remove
an abaDdoned antenna or telecommwúcations tower within the 90 days shall be grounds for
Supp. No. ,
CD31:207
§ 31-241
AVENTURA CODE
the City to remove the telecommunications tower or anteo.aa at the owner's expense. If there
are two or more WIer8 of a siøgie telecommunicaticxul tower, then this provillion sluill not
become eft'ective until all WIer8 cease using the telecommunications tower.
(j) Nonconformirrc uses.
(1) Not upa.1Uion of nonconforming use. Telecommunications towers that are constructed,
and antennas that are installed, in accordance with the provisions of this article sluill
not be deemed to constitute the expansion of a nonconforming use or structure.
(2) Pre-ui$ting telecommuniœtions towers. Lawful pre-existiDg telecommunications tow-
ers 8ha1l be allowed to continue their usage as they presently exist. Routine mainte-
nance (incløding replacement with a new telecommunications tower of liIœ constn1e-
tiœ and height) 8ha1l be permitted 011 such pnHZisting towers. New constI'uctioo.
otbør than I'OUtine maintenance 011 a pnHZisting telecommunications tower 8ha1l
CCID1pIy with the requirements of tbis ertfde.
(8) &building t/œnQged or ~ IIOIICOlI{ormln touIenI or CJlIteIInœ. Notwithstanding
subsection ro, bona fide nonconforming telecommunicaticxul towers or antennas that
are damaged or destroyed may be rebuilt without baviDg to first obtain administrative
approval or a permit and without baviDg to meet the separation requirements
specified in subsections (gX2) and (3). '!'he type, height, and lOcation of the telecom-
munications tower oosite 8ha1l be of the same type and intensity as the original facility
approvaL Building permits to rebuild the f'adJity 8ha1l comply with the then applicable
building codes and shall be obtained within 180 days from' the date the facility is
damaged or destroyed. Ifno permit is obtained or if the permit expires, the telecom-
munications tower or antenna 8ha1l be deemed abandoned as specified in subsection
(i).
(k) Protection of the City and. ruidents.
(1) .l~ 'J.'be City 8ha1l DOt _tel.' into aø.r lease agreement until and unless
the City obtains an adequate indemnity from such.¡mJVider. '!'he indemnity must at
least:
a. Belease the City from and against ~ and en liability and responsibDit7 in or
arisIøg out of the CCID8fzudion, operation or repair of the telecommunications
facility. Each telecommwùœtl.ons f'adJity operator must further agree not to sue
or seek aø.r money or damages from the City in connection with the above
mentioned matters;
b.
IDdamni(y and hold harmless the City, its Com....¡.sóOl1, elected and appointed
ofticers, agents, servants and employees, from and against aø.r and en claims,
demands, or causes or IIdion of whatsoever Iånd or nature, and the reøultint
1-. costs, expenses, reasonable attorneys' f-. liabilities, damages, orders,
judgments, 01' c1ecreeø, IIUStaiDed by the City 01' aø.r third party arising out of, or
by reason of, 01' resultIDg from 01' of each telecommunications facility operator, or
its agents, employees, or servants negligent acts, errors, or omissions.
Supp. No.4
CD3l:208
,..
,.
LAND DEVELOPMENT REGULATIONS
§ 31-241
c. Prov;de that the covenants and representations ~lating to the indemnification
provision shall survive the term of any agreement and continue in full foree and
effect as to the partys responsibility to indemnify.
(2) Insurance. The City may not enter into any lease agreement until and unless the City
obtains assurance that such operator (and those acting on its behalf) have adequate
insurance. At a minimum, the following requirements must be satisfied:
a. A telecommunications facility operator shall not commence construction or
operation of insurance by the City Manager, nor shall a telecommunications
facility operator allow any contractor or subcontractor to commence work on its
contract or sulH:ontract until all similar such insurance required of the same bas
been obtained and approved. 'lbe required insurance must be obtained and
maintained Cor the entire period the telecommunications Caci1ity is in emtenœ.
If the operatoI'. ita contnu:t.clt1! -or subcontractors do not have the required
insuraace, the City may order such entities to stop operatioas until the insurance
is obtained and approved.
b. Certificates of insurance, ref1ectiug evidence of the required insurance, shall be
ffied with the City Manager. For entities that are entering the market, the
cerW'icates shall be filed prior to the commenceD!ent of construction and once a
year thereafter, and as provided below in the event of a lapse in coverage.
c. These certificates shall contain a provision that coverages afforded under these
policies will not be canceled until at least 30 days prior written notice bas been
given to the City. Policies shall be issued by companies authorized to do business
under the laws of the State of Florida.
d. In the event that the insurance certificate provided indicates that the insurance
shall termiDate or lapse during the period of the lease agreement with the City,
then in that event, the telecommunications facility operator shall furnish, at least
30 da.7s prior to the ezpiration of the date of such insurance, a renewed certificate
ofiøsar8Dce as pt'OOt'thatequal and IiIœ CCNerage for the balaoce of the period bas
been obtained.
(3) ~ ~ liability. A telecommunicatioDs facility operator and ita con-
tnctors or aubcontractors eøgaged in wildt 011 the operator's bebaIC, shall maintain
minimwn insurance to cover liability, bodib' .üúury (including death) and property
damage. EqJosures to be covered øre: premises, operations, and those certain contracts
relating to the construction, installation Or m..¡nteoUllnœ of the telecommunications
facility. Coverage shall be written on an occurrence basis and shall be included, as
applicable, in the lease agreement between the City and the telecommunications
facility operator.
. (1) 8ecurlty funil. Every te1ecommunicatiOlUl service provider whether 011 public or private
. ~ J!IIIIIeIV shall est8b1ish a cash security fund, or provide the City with an irrevocable letter of
ø:ødit in the same amount, to secure the payment of removing an antenna or telecommuni-
tower that bas been detennlned to be abandoned, in the event the owner is not in
CD31:209
'..;.,.;,..",¡¡,..;. " > , '"
." ':rr:...,s
§ 31-241
AVENTURA CODE
compliance with subsection (i). The amount to be provided for each telecommunications tower
shall be $25,000.00; the amount for each antenna array shall be $5,000.00. In the alternative,
at the City's discretion, an operator may, in lieu of a cash security fund or letter of credit, me
and maintain with the City a bond with an acceptable surety in the amount 0($25,000.00. The
operator and the surety shall be jointly and severally liable under the terms of the bond. In the
alternative, at the City's in lieu of the cash
(m) Penalti£s. Any person, f11'11l or corporation who knowingly breaches any provision oftlùs
article shall upon receipt of written notice from the City be given a time schedule to cure the
violation. Failure to commence to cure within 30 days and to complete cure, to the City's
satisfaction, within 60 days, or such longer time as the City may specify, shall result in
revocation of any permit or license and the City shall seek any remedy or damages to the full
extent of the law. This shall not preclude other penalties allowed by law.
(n) ProuisúJns of this artick to control. Notwithstanding any contrary provisions of the
City's Code of Ordinances, including the City's LDRs, the provisions of this section shall
controL
(Ord. No. 99-09, § 1(Em. 1>, § 1111), 7-13-99)
Sees. 31.~1.270. Reserved.
.l\R1lCLE m. NONOONFOmHNG USBS AND GTRUO'FUImG
See. 31.271. Purpose and scope.
The purpose of this chapter is to regulate and limit the development continued
existence of uses, structures, and lawful lots established prior to the em . e date of these
LDRs which do not conform to the requirements of these LDRs. Man~ on~nformities may
continue, but the provisioos of this chapter are designed to bstantial investment in
I1OIICCIIÛGnIÙties aDd to briac about their Ø\'entual . or elimination in Ot'der to
preserve the integrity of these regulatioos and the of the City. Any nonconforming
use. strw:ture, or lot wlùch lawfully existed as of ective date of these LDRs and which
remains nonconfol'lllÍllg, aDd any use, structure lot which has become nonconforming as a
result of the adoption of these LDRs or ubsequent amendment to these LDRs may be
continued or maintained only in acco ce with the terms of this chapter.
(Ord. No. 99-09, § lŒxh. 1>, § 120 -13-99)
A noncònfo e or structure shall not be expanded or extended beyond the floor area
or lot area t occupied on the effective date of these LDRs or the effective date of any
amendm to these LDRs rendering such use nonconforming, except as provided for
d eat deterorlned to have vested rights pursuant to subsection 31-3(b)(2).
( . No. 99-09, § 1(Em.1>, § 1202),7-13-99; Ord. No. 2002-07, § 6, 3-5-02)
Supp. No.7
CD31:210
ORDINANCE NO. 2004--
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-241 ENTITLED "WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS" BY
AMENDING SECTION 31-241(a) PROVIDING FOR
PURPOSE; SECTION 31-241(b) PROVIDING FOR
DEFINITIONS; SECTION 31-241 (c) PROVIDING FOR
APPLICABILITY; SECTION 31-241(d) PROVIDING FOR
GENERAL REQUIREMENTS AND MINIMUM STANDARDS;
SECTION 31-241(e) PROVIDING FOR PERMITTED USES
ON PUBLIC PROPERTY; SECTION 31-241(f) PROVIDING
FOR PERMITTED USES ON PRIVATE PROPERTY;
SECTION 31-241(g) PROVIDING FOR CONDITIONAL USE;
SECTION 31-241(h) PROVIDING FOR STANDARDS FOR
BUILDINGS OR OTHER EQUIPMENT FACILITIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide consistency with federal and state laws; and
WHEREAS. the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed
amendments pursuant to the required public hearing and has recommended approval
to the City Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
Ordinance No. 2004 - -
Page 2
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
That Section 31-241(a) of the City's Land
Development
Regulations is hereby amended so as to provide for clarification of purpose, as follows':
Sec. 31-241 (a). Purpose.
(7) Encouraae colocation amona wireless telecommunications service providers
and enhance the ability of providers of telecommunications services to
provide such services to the community through an efficient and timely
application process pursuant to FS 365.172 as amended.
Section 2.
That Section 31-241 (b) of the City's Land Development
Regulations is hereby amended so as to provide for additional and revised definitions,
as follows':
Sec. 31-241(b) Definitions
"Applicant" means a person or entity with an application before the City for a
permit for a personal wireless service facility.
"Carrier" means a company licensed bv the Federal Communications
Commission (FCC) that provides wireless services. A tower builder or owner is
not a carrier unless licensed to provide personal wireless services.
"Co/ocation" means the use of a common mount bv tow or more wireless
carriers.
"Commercial mobile radio services." Per Section 704 of the Telecommunications
Act of 1996. anv of several technoloaies usina radio sianals at various
frequencies to send and receive voice. data and video. Accordina to the FCC.
these services are "functionally equivalent services". Section 704 of the
Telecommunications Act prohibits unreasonable discrimination amona
functionallv equivalent services.
"Personal wireless services" is defined as commercial mobile services.
1 Underlined provisions constitute proposed additions to existing text; slriskBA tAFaI, ! A provisions indicate
proposed deletions from existing text.
Ordinance No. 2004 - -
Page 3
unlicensed wireless services and common carrier wireless exchanoe access
services. This definition includes analoo and dioital (800 MHz) cellular.
broadband PCS (1850-1900 MHz) services and enhanced specialized mobile
radio and paoino services.
"Search area" means the oeooraphic area in which a telecommunications facility
must be located in order to provide FCC re~uired coveraoe. as certified throuoh
an affidavit bv a Radio Freouencv enoineer as to radio frequency waves or other
such appropriate technical expert.
'Telecommunications Tower or Tower" means any structure, and support
thereto. design and constructed primarily for the purpose of supporting one or
more antennas intended for transmitting or receiving personal wireless services.
telephone, radio and similar communications purposes, including lattice,
monopole and guyed telecommunications towers. ...
'Telecommunications Tower Heiaht" - when referrino to a communications tower
or other structure. the distance measured from the finished orade of a parcel to
the hiohest point on the tower or other structure. includino the base pad and any
antenna. but excludino liohts and liohtnino rods.
Section 3. That Section 31-241(c) of the City's Land Development Regulations
is hereby amended to expand applicability of this section, as follows ':
Sec. 31-241 (c). Applicability.
(4) AM Array. For purposes of this section. an AM arrav. consistina of
one or more tower units and supportino around system which
functions as one AM broadcastino antenna. shall be considered one
tower. Measurements for setbacks and separation distances shall be
measured from the outer perimeter of the towers included in the AM
array. Additional tower units may be added within the perimeter of
the AM array by rioht.
Section 4.
That Section 31-241(d) of the City's Land
Development
Regulations is hereby amended so as to provide for an application process,
timeframes, submission requirements and a special review fee as follows 1:
Ordinance No. 2004 - -
Page 4
Sec. 31-241(d). General Requirements/minimum standards.
The City shall Clrant or deny a properly completed application for a permit for the
sitinCl of a new wireless tower or antenna on propertv. buildinqs or structures within
the City's iurisdiction within ninetv (90) business davs after the date the properlv
completed application is submitted in accordance with the City's application
procedures. provided that such permit complies with applicable federal reClulations
and is consistent with state law and applicable local zoninCl or land development
requlations. includinq anv aesthetic requirements. Local buildinq requlations shall
~
The City shall notify the permit applicant within (20) business days after the date
the application is submitted as to whether the application is. for administrative
purposes only. properly completed and has been properly submitted. However.
such determination shall not be deemed as an approval of the application. Such
notification shall indicate with specificitv any deficiencies which. if cured. shall make
the application properly completed.
If the City fails to Clrant or denv a properly completed application for a permit
which has been properlv submitted within the timeframes set forth in this section.
the permit shall be deemed automatically approved and the provider may proceed
with placement of such facilities without interference or penalty. The timeframes
specified in this section shall be extended only to the extent that the permit has not
been Clranted or denied because the City's procedures Clenerallv applicable to all
permits reCluire action bv the City and such action has not taken place within the
timeframes specified in this section. Under such circumstances. the City must act to
either Clrant or denv the permit at its next reClulariv scheduled meetinq or. otherwise.
the permit shall be deemed to be automatically approved.
(1) Lease Required. Any construction, installation or placement of a
telecommunications facility on any property owned, leased or otherwise controlled by
the City shall require a Lease Agreement executed by the City and the owner of the
facility, unless otherwise prohibited bv applicable law. ...
(5) Engineering Report. All applicants for new telecommunications towers and
pre-existing telecommunications towers which are modified or reconstructed to
accommodate additional antennas shall submit a written report certified by a professional
engineer licensed to practice in the State of Florida. The report shall include:
a) Tl:le alllllisal!le standarGs of s§.ite development plan feYiew of the entire
subiect propertv drawn to scale, including, without limitation:
j) a tax parcel number, a legal description of the parent tract and leased
parcel, total acres and SectionfTownship/RanCle of the subiect property:
in the lease parcel fullv dimensioned. includinCl propertv lines. setbacks.
roads on or adiacent to the subject property and easements:
Ordinance No. 2004 - -
Page 5
iii) outline of all existina buildinas. includina purpose (ie residential
buildinas. aaraaes. accessory structures. etc.) on subject property:
iv) all existina veaetation. by mass or individually by diameter. measured for
feet from the around of each stand-alone tree on the subiect property:
v) orooosed/existina security barrier. indicatina tyoe and extent as well as
point of controlled entry:
vi) orooosed/existina access easements. utility easements and oarkina for
the telecommunications tower:
vii) all proposed chances to the subject property: includina aradina.
veaetation removal. temporary or permanent roads and drivewavs. stormwater
manaaement facilities and any other construction or development attendant to the
telecommunications tower.
viii) scaled elevation drawina of proposed telecommunications tower.
includina location of all mounts. antennas. equipment buildinas. fencina and landscaoina.
~if applicable, on-site and adjacent land uses, and master plan
classification of the site, a visljal im¡¡aGt analysis and photo Eli!ilitalizatieR ef tl:1e
telesGmmljRieatieRs tG'IIer and all attasl:1meRts iRslljEliR!iI associated DljilEliR!ils aREI
eE¡lji¡¡meRt seRtaiReFS at the ¡¡Fe¡¡eFty liRe, as 'Nell as at a ElisklRGe of 2áQ feet aREI á9Q
feet fFem all ¡¡Fe¡¡eFties witl:1in that r-ango, er at otl:1er ¡¡GiRts a!ilr-eod Ijpon iR a ¡¡Fe
a¡¡¡¡lieatioR meeting.
c) Type of telecommunications tower and specifics of design. includina:
1. equipment brochures for the proposed tower such as manufacturer's
specifications or trade ioumals reprints. These shall be provided for the antennas.
mounts. equipment shelters. cables as well as cable runs and security barrier. if any:
J1. materials of the proposed tower specified by aeneric tyoe and
specific treatment (ie anodized aluminum. stained wood. painted fiberalass. etc). These
shall be provided for the antennas. mounts. equipment shelters. cables and cable runs
and security barrier. if anv:
ill:. colors of the proposed tower reo resented bv a color board showina
actual colors proposed. Colors shall be provided for the antennas. mounts. equipment
shelters. cables as well as cable runs and security barrier. if any:
iv. dimensions of the tower specified for all three directions: heiaht.
width and breadth. These shall be provided for the antennas. mounts. equipment
shelters and security barriers. if any: and
~ a visual impact analysis. with a minimum of two (2) photo
diaitalization or ohotoaraohic superimpositions of the tower within the subiect orooertv.
The photo diaitalization or ohotoaraohic superimpositions shall be provided for all
attachments. includina: the antennas. mounts. equipment shelters. cables as well as
cable runs and security barrier. if anv. for the total heiaht. width and breadth. as well as at
a distance of 250 feet from all properties within that ranee or at other points aareed upon
in a ore-application conference.
Ordinance No. 2004 - -
Page 6
h) Special Fee. The City shall have the riaht to retain independent technical
consultants and experts that it deems necessarv to properly evaluate applications for
individual towers. The special fee shall be based upon the hourly rate of the independent
technical consultant or expert that City deems necessarv to properlv evaluate applications
for tower. The special fee shall be applied to those applications reauirina special review
or evaluation. The special fee shall be reimbursed by the applicant to the City.
(7) Co-location Incentive. Pursuant to the intent of this section, the City shall
provide the following incentive to service providers:
a. The ro'/iew of all a¡¡¡¡IiGations submitted l3y ¡¡revideFEi seekiR~ te co locate
eR a ¡¡r-e existing telesemmuRiGstieRs tev.'er or to reRt s¡¡aGe eR a ¡¡re¡¡osed new
teleGemmunicatioRs tew-er gRaIl l3e GElmpleted by tRe City REI mer-e tRaR tRirty (30) days
feliewiAg tho filiA~ ef a City shall arant or deny a properlv completed application for a
permit as provided in this section, for the co-Iocation of a wireless communications facility
on property. buildinas or structures within the City's jurisdiction within forty-five (45)
business days after the date the properly completed application is initiallv submitted in
accordance with the City's application procedures. provided that such permit complies
with all applicable federal reaulations and applicable local zonina or land development
reaulations. includina but not limited to any aesthetic requirements. Local buildina
reaulations shall apply.
(20) Public Notice. For purposes of this section and notwithstanding any other
requirements with regard to public notice in the City's Code, any request for a &peGiaI
8 (Ge¡¡tieR conditional use on private property shall require a public hearing...
Section 5.
That Section 31-241(e) of the City's Land Development
Regulations is hereby amended so as to provide for consistency of timeframes in
Section 31-241, as follows':
Sec. 31-241 (e) Permitted uses on public property.
(2) Uses. 1'\11 a¡¡¡¡lieaRts for use iA tRig sestieR gRaIl fif6t sul3m t a letter ef iRteAt
aAd all etRer iRfermatieA as stated iR sul3sestieA (d) RereiA te tRe City MaRa~er's effise,
'NRisR gRaIl l3e re'/iewed ,.", tRiA 39 days from tRe sul3missieA at a oom¡¡leted a¡¡¡¡lisatieA.
The City Manager is authorized to execute lease agreements and waive requirements as
provided in subsection (d) on behalf of the City....
a. 3. No more than one telecommunications tower shall be located on a single
lot or single building site; and
Ordinance No. 2004 - -
Page 7
Section 6. That Section 31-241 (f) of the City's Land Development Regulations
is hereby amended so as to provide for consistency of timeframes in Section 31-241, as
follows 1 :
Sec. 31-241(f). Permitted uses on private property.
(1 )c. The City shall respond to each such application witJ:HR pursuant to Section
31-241(d) takinq into consideration the time dictated by the nature and scope of the
individual request, subject to the generally applicable time frames and pursuant to the
intent of Section 704 of the Telecommunications Act of 1996, but in no event more than
JG 20 days for administrative ~ecisions. Building permit applications shall be
processed within Q reQconable period of time. the timeframes set out in Section 31-
241(d).
(2)a. Antennas on pre-existing structures. Anv additional wireless
communication facilities required within the existinq secured equipment compound
within the existinq site, such as communication cables. adiacent accessory structures or
adiacent accessory equipment used in the provision of cellular, enhanced specialized
mobile radio, or personal communications services, shall be deemed a permitted use or
activity. Local buildinq and land development requlations, includinq any aesthetic
requirements. shall apply. ...
(2)e. Additional Wireless Communications Facilities. Any additional wireless
communications facilities required within the existinq secured equipment compound
within the existinq site. such as communications cables, adiacent accessory structures
or adjacent accessory equipment used in the provision of cellular, enhanced specialized
mobile radio or personal communications services. shall be deemed a permitted use or
activitv. Local buildinq and land development requlations, includinq anv aesthetic
requirements, shall applv.
Section 7. That Section 31-241(g) of the City's Land Development
Regulations is hereby amended so as to provide for consistency with the development
applications in the City's Land Development Regulations, as follows':
Sec. 31-241(g). Spac!a! Exception Conditional use.
(1) General. The provisions listed in this section shall apply only where an
application for the construction of a telecommunications tower or for the placement of
an antenna in a zoning district does not meet the criteria for approval as provided in
subsections (d), (e) or (f) of this section. An applicant for a spocial exception
Ordinance No. 2004 - -
Page 8
conditional use permit shall submit information described in subsection (d) and the
City's Code of Ordinances and any other reasonable information the City may require.
The following provisions shall govern the issuance for speci31 exception conditional use
permits: ...
(4) Factors considered in granting spOCi3/ DXGoptfoA conditional use permits for
towers....
(4)h. Design of the telecommunications tower with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness,and
Section 8. That Section 31-241(h) of the City's land Development
Regulations is hereby amended so as to provide for consistency with the development
applications in the City's land Development Regulations, as follows 1:
Sec. 31-241(h). Buildings or other equipment facilities.
(3) Separation. The following separation requirements shall apply to all
telecommunications towers and antennas for which a spacial exception
conditional use permit is required:
Section 9. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part. "
Section 10. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 11. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
Ordinance No. 2004 - -
Page 9
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Manny Grossman
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner
who
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Manny Grossman
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
PASSED on first reading this 3rd day of February, 2004.
PASSED AND ADOPTED on second reading this- day of -' 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
Ordinance No. 2004 - -
Page 10
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this
CITY CLERK
day of
,2004.
._~-
~he Atianti Meraí~
IIlIiI
Published Daily
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
FRANK TOMASINO
Who on oath that he is
ADVERTISING OFFICE MANAGER
Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade
county, Florida; that the advertisement for City Of Aventura was published in said
newspaper in the issue of :
Miami Herald, local section Saturday, January 24th, 2004.
Mfiant further says that the said Miami Herald is a newspaper published at Miami,
in the said Dade County, Florida, and that the said newspaper has heretofore been
continuously published in said Dade. County, Florida, each day and has been
entered as second class mail matter at the post office in Miami. in said Dade
County, Florida, for a period of one year next preceding the rust publication of
the attached copy of advertisement.
~~
~f
FRANK TOMASINO
Sworn to and subscribed before me
This Ú 1 day of ~J A.D. 2004
~=~
"";}F~::',,, Lisa Ann Hernandez
¡ ~W" CammImdoo . DD 000617
~" "!i J!x¡>IreaFob.ll,2ooS
~ W§ -".,.
~1'Lfi,W - BœdIng OJ, Ino.
900 West 49rh Street, Suite 500, Hialeah, Flotida 33012
.""......,,"'.,...
CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL
PLANNING AGENCY AND NOTICE OF
AMENDMENT OF THE CITY'S LAND
DEVELOPMENT REGULATIONS
Public Notice is hereby given that the Aventura City
Commission, sitting as the City of Aventura Local
Planning Agency will meet in a public hearing on
Tuesday, February 3. 2004 at 6:00 p.m. to consider
adoption of the following ordinance:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING SECTION 31-241
ENTITLEO "WIRELESS TELECOMMU/,ICATIONS
TOWERS AND ANTENNAS" BY AMENDING
SECTION 31-241(0) PROVIDING FOR PURPOSE;
SECTION 31-241 (b) PROVIDING FOR
DEFINITIONS; SECTION 31-241 (c) PROVIDING
FOR APPLICABILITY; SECTION 31-241 (d)
PROVIDING FOR GENERAL REQUIREMENTS AND
MINIMUM STANDARDS; SECTION 31-241 (e)
PROVIDING FOR PERMITTED USES ON PUBLIC
PROPERTY; SECTION 31-241(f) PROVIDING FOR
PERMITTED USES ON PRIVATE PROPERTY;
SECTION 31-241 (g) PROVIDING FOR
CONDITIONAL USE; SECTION 31-241 (h)
PROVIDING FOR STANDARDS FOR BUILDINGS
OR OTHER EQUIPMENT FACILITIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
Immediately following the Local Planning Agency
meeting, the City Commission of the City of Aventura, as
the governing body, will consider at a public hearing, at
first reading, adoption of the above described ordinance.
The above described Pubiic Hearing will be held
commencing at 6:00 pm on Tuesday, February 3, 2004,
at City of Aventura Government Center, 19200 West
Country Club Drive, Aventura, Florida, 33180. The
proposed ordinance may be inspected by the public at
the office of the City Clerk, 19200 West Country Club
Drive, Aventura, Florida. Interested parties may appear
at the Public Hearing and be heard with respect to the
proposed Ordinance.
In accordance with the Americans with Disabilities Act
of 1990, all persons who are disabled and who need
special accommodations to participate in this
proceeding because of that disability should contact
the Office of the City Clerk, (305) 466-8901, not later
than two business days prior to such proceedings.
If a person decides to appeal any decision made by
the City Commission, as Local Planning Agency or as
the governing body, with respect to any matter
considered at a meeting or hearing, that person will
need a recùrd of the proceedings and, for such
purpose, may need to ensure that a verbatim record of
the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to
be based.
Teresa M. Soroka, CMC, City Clerk
""