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2004-06 ORDINANCE NO. 2004-06 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 - 06 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 1: Sec. 31-241(a). Purpose. (7) Encouraqe co location 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. 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 1: Sec. 31-241(b) Definitions "Applicant" means a person or entity with an application before the Citv 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 by two 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 "functionally equivalent services". Section 704 of the Telecommunications Act prohibits unreasonable discrimination amonq functionally equivalent services. "Personal wireless services" is defined as commercial mobile services. 1 Underlined provisions constitute proposed additions to existing text; slriGkaA through provisions indicate proposed deletions from existing text. Ordinance No. 2004 - 06 Page 3 unlicensed wireless services and common carrier wireless exchanqe access services. This definition includes analoq and diaital (800 MHz) cellular. broadband PCS (1850-1900 MHz) services and enhanced specialized mobile radio and paqinq services. "Search area" means the qeoqraphic area in which a telecommunications facility must be located in order to proyide FCC required coyeraqe. as certified throuqh an affidavit by a Radio Frequency enqineer 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 referrinq to a communications tower or other structure. the distance measured from the finished qrade of a parcel to the hiqhest point on the tower or other structure. includinq the base pad and any antenna. but excludinq liqhts and liqhtninq 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 1: Sec. 31-241 (c). Applicability. (4) AM Array. For purposes of this section. an AM array. consistinq of one or more tower units and supportinq around system which functions as one AM broadcastinq 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 riqht. 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 - 06 Page 4 Sec. 31-241(d). General Requirements/minimum standards. The City shall qrant or deny a properly completed application for a permit for the sitinq of a new wireless tower or antenna on property. buildinqs or structures within the Citv's iurisdiction within ninetv (90) business davs after the date the DroDerlv 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 ~ 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 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 mav 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 qenerally applicable to all permits require action by 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 qrant or deny the permit at its next reqularly 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 by 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:1e 8¡¡¡¡IiGable sklndardG of G§.ite development plan fe¥iew of the entire subiect 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/Ranae of the subiect propertv: ij) the lease parcel fullY dimensioned. includinq property lines. setbacks. roads on or adiacent to the subiect property and easements; Ordinance No. 2004 - 06 Page 5 iii) outline of all existina buildinas, includina purpose lie residential buildinas. aaraaes. accessorv structures. etc.) on subiect property: iv) all existina veaetation. by mass or individually by diameter. measured for feet from the around of each stand-alone tree on the subject property; v) proposed/existina securitv barrier. indicatina tvpe and extent as well as point of controlled entrv: vi) proposed/existina access easements. utility easements and parkina for the telecommunications tower: vii) all proposed chanaes to the subiect property: includina aradina. veaetation removal. temporarv or permanent roads and driveways. stormwater manaaement facilities and anv 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 landscapina. &-if applicable, on-site and adjacent land uses, and master plan classification of the site, a visual imf3aGt analysiu ane f3l:1oto digitalizatien ef the telecemR'1uniGations ¡ewer and all attachments including asseGiated buildings and equipment ûentain9FG at tho f3FOf39Ry line, au well as at a distance of 2éQ feet and 500 feet from all f3ropertieu witl:1in tl:1at r-ange, or at other pointu agreee upon in a pr-e apf3liGation meeting. c) Type of telecommunications tower and specifics of design. includina: h equipment brochures for the proposed tower such as manufacturer's specifications or trade journals reprints. These shall be provided for the antennas. mounts. equipment shelters. cables as well as cable runs and security barrier. if any; ji, materials of the proposed tower specified by aeneric type and specific treatment (je 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; ill., 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: jy, 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 Y.., a visual impact analvsis. with a minimum of two (2) photo diaitalization or photoaraphic 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 securitv barrier. if anv. for the total heiaht. width and breadth. as well as at a distance of 250 feet from all properties within that ranae or at other points aareed upon in a pre-application conference. Ordinance No. 2004 - 06 Page 6 h) Special Fee. The Citv 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 proDertv evaluate applications for tower. The special fee shall be applicable to those applications reauirina special review or evaluation. as determined by City staff. An incomplete application may be presumed to require special review or evaluation. The special fee shall be paid bv the applicant to the City. promptly upon written demand by the City to the applicant. (7) Co-location Incentive. Pursuant to the intent of this section, the City shall provide the following incentive to service providers: a. The review of all applicationG Gubrnitted by pr-o'/ideFG Geeking to co locate on a pr-e exiGting telecornrnunicationG tower or to rent space on a propoGed new telecornmunicationG tower shall be completed by the City no mor-e than thirty (dO) daYG follo'l.'ing the filing of a Citv shall arant or denv a properlv completed application for a permit as provided in this section, for the co-location of a wireless communications facility on property. buildinas 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 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 SßØGiaI exception 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, asfollows1: Sec. 31-241 (e) Permitted uses on public property. (2) Uses. All appliûantG for use in this section sl:1all fiFSt suBmit a letter ef intont and all othor informatien as statea in sl,lBseütien (a) 1:19FOin to the City Manager'G office, ..."l:1isl:1 sl:1all De roviowed vlithin 30 daYG from the submiGsion of a ûompleted application. The City Manager is authorized to execute lease agreements and waive requirements as provided in subsection (d) on behalf of the City. ... Ordinance No. 2004 - 06 Page 7 a. 3. No more than one telecommunications tower shall be located on a single lot or single building site; and 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 wi#IiR 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 ðQ20 days for administrative zoning decisions. Building permit applications shall be processed within a reasonable period of time. (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 accessorv structures or adjacent accessorv 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. Any antenna which is not attached to a pre-existing telecommunications tower may be approved by the City as an accessory use to any commercial, industrial, professional, institutional or multi-family structure of eight or more dwelling units, provided: 1. The antenna does not extend more than 30 feet above the highest point of the structure; 2. The antenna complies with all applicable FCC and FAA regulations and all applicable building codes; and 3. To minimize adverse visual impacts, antennas shall be selected based upon the following priority: i. Any stealthed antenna; ii. Panel; iii. Whip; and iv. Dish. (2)e. Additional Wireless Communications Facilities. Any additional wireless communications facilities required within the existina secured equipment compound within the existinq site. such as communications cables. adjacent accessorv structures or adjacent accessorv equipment used in the provision of cellular. enhanced specialized Ordinance No. 2004 - 06 Page 8 mobile radio or personal communications services. shall be deemed a permitted use or activitv. Local buildina and land development requlations. includinq anv aesthetic requirements. shall apply. 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 follows1: Sec. 31-241 (g). Specia! ExGeptioR 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 sf3esial exûeption 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 sf3esial oxsoption conditional use permits: ... (4) Factors considered in granting Sf)esial eXGepRoR 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 obtrusivenessÆ}Q SectionS. 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 special eJ<sof3tion 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 Ordinance No. 2004 - 06 Page 9 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 Cohen, who moved its adoption on first reading. This motion was seconded by Commissioner Diamond and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Jay R. Beskin Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes The foregoing Ordinance was offered by Commissioner Cohen, who moved its adoption on second reading. This motion was seconded by Commissioner Diamond and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Jay R. Beskin Mayor Jeffrey M. Perlow yes yes yes yes absent yes yes Ordinance No. 2004 - ~ Page 10 PASSED on first reading this 3rd day of February, 2004. PASSED AND ADOPTED on second reading this 2nd day of Mar h, 2004. APPROVED AS TO LEGAL SUFFICIENCY: cITI~ '\ This dinance was filed in the Office of the City Clerk thiS~ay Ofþ---aJ.cJ-;, 2004.