HomeMy WebLinkAboutO-02-18ORDINANCE NO. 0-02-18
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING THE CITY CODE TO CREATE LAND DEVELOPMENT
CODE CHAPTER 54-6, ARTICLE XXIII STANDARDS FOR
TELECOMMUNICATIONS FACILITIES; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, pursuant to Section 2(b), Article VIII of the Florida Constitution
and Chapter 166, Florida Statutes, the City of Sebastian is authorized and required to
protect the public health, safety and welfare, and may exercise any power for any
governmental purpose except as expressly prohibited by law; and
WHEREAS, pursuant to said authority and Florida Statutes 163.3202, the City
has enacted land development regulations consistent with its adopted Comprehensive
Plan, which protect the quality of life in the City of Sebastian; and
WHEREAS, good land planning and concern for the quality of life in our City
dictate that reasonable regulations be in place regarding location and criteria for
commercial communication towers; and
WHEREAS, the regulations promulgated herein protect said public interest in a
nondiscriminatory manner in balance with the need of the public for telecommunication
services;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.1, which said section shall
read as follows:
Section 54-6-23.1. Purpose.
In order to ensure that the placement, construction, and modification of
Wireless Telecommunications Facilities protects the City's health, safety,
public welfare, environmental features and other aspects of the quality of life
specifically listed elsewhere in this Ordinance, the City hereby adopts an
overall policy with respect to a Conditional Use Permit for Wireless
Telecommunications Facilities for the express purpose of achieving the
following goals:
A. Implementing an Application process for person(s) seeking a Conditional
Use Permit for Wireless Telecommunications Facilities;
B. Establishing a policy for examining an application for and issuing a
Conditional Use Permit for Wireless Telecommunications Facilities that is
both fair and consistent;
C. Promoting and encouraging, wherever possible, the sharing and/or
collocation of Wireless Telecommunications Facilities among service
providers;
D. Providing for the appropriate location and development of
telecommunications facilities in the City of Sebastian, including prohibition
of new telecommunications facilities in areas zoned for residential use;
E. Minimizing adverse visual impacts of telecommunications facilities
through careful design, siting, landscape screening and innovative
camouflaging and promoting use of alternative telecommunication tower
structures as a primary option rather than construction of additional single-
use towers;
F. Avoiding potential damage to adjacent properties from tower or antennae
failure through engineering and careful siting of teleconununications tower
structures and antennae; and
G. Maximizing use of any new and existing telecommunications towers so
as to minimize the need to construct new towers and minimize the total
number of towers throughout the City.
Section 2. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.2, which said section shall
read as follows:
AA Section 54-6-23.2. Exemptions.
The following are exempt fi.om the provisions of this ordinance:
A. Emergency Wireless Telecommunications Facility. Temporary wireless
communication facilities for emergency communications by public
officials.
B. Amateur (ham) radio stations. Amateur (ham) radio stations licensed by
the Federal Communications Commission (FCC).
C. Maintenance or repair. Maintenance, repair or reconstruction of a
wireless telecommunications facility and related equipment, provided that
there is no change in the height or any other dimension of the facility.
D. Temporary wireless telecommunications facility. Temporary wireless
telecommunications facility, in operation for a maximum period of one
hundred eighty (180) days.
E. Antennas as Accessory Uses. An antenna that is an accessory use to a
residential dwelling unit.
Section 3. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.3, which said section shall
read as follows:
Section 54-6-23.3. Definitions.
For purposes of this Ordinance, and where not inconsistent with the context
of a particular section, the defined terms, phrases, words, abbreviations, and
their derivations shall have the meaning given in this section. When not
inconsistent with the context, words in the present tense include the future
tense, words used in the plural number include words in the singular number
and words in the singular number include the plural number. The word
"shall" is always mandatory, and not merely directory.
A. "Accessory Facility or Structure" means an accessory facility or
structure serving or being used in conjunction with Wireless
Telecommunications Facilities, and located on the same property or lot as
the Wireless Telecommunications Facilities, including but not limited to,
utility or transmission equipment, storage sheds or cabinets.
B. "Alternative Tower Structure" includes, but is not limited to the
following: Man-made trees, clock towers, bell steeples, light poles and
similar alternative-design mounting structures that camouflage or conceal
the presence of antennas or towers.
C. Antenna" means a system of electrical conductors that transmit or
receive electromagnetic waves or radio frequency signals. Such waves shall
include, but not be limited to radio, television, cellular, paging, personal
Telecommunications services (PCS), and microwave Telecommunications.
D. "Applicant" means any Person submitting an Application to the City of
Sebastian for a Conditional Use Permit for Wireless Telecommunications
Facilities.
E. "Application" means the Development Order form, together with all
necessary and appropriate documentation that an Applicant submits in order
to receive a Conditional Use Permit for Wireless Telecommunications
Facilities.
F. "City" means the City of Sebastian, Florida.
G. "Collocation" means the use of the same Telecommunications Tower or
structure to carry two or more Antennae for the provision of wireless
services by two or more persons or entities.
H. "Commercial Impracticability" or "Commercially Impracticable"
shall have the meaning in this Ordinance and any Conditional Use Permit
granted hereunder as a circumstance which may excuse the applicant or
holder from performing a requirement where these three conditions exist: 1)
a contingency must occur; 2) nonoccurrence of the contingency must have
been a basic assumption on which the requirement was made; and 3)
performance must thereby be made "impractical" because of including but
not limited to excessive and unreasonable cost.
I. "Completed Application" means an Application that contains all
information and/or data necessary to enable the Commission to evaluate the
merits of the Application, and to make an informed decision with respect to
the effect and impact of Wireless Telecommunications Facilities on the City
in the context of the permitted land use for the particular location requested.
J. "Commission" means the Planning and Zoning Commission of the City
of Sebastian.
IC "Conditional Use Permit" means the official document or permit by
which an Applicant is allowed to construct and use Wireless
Telecommunications Facilities as granted or issued by the City.
L. "Direct-to home satellite services" or "Direct Broadcast Service" or
"DBS" means only programming transmitted or broadcast by satellite
directly to subscribers' premises without the use of ground receiving
equipment, except at the subscribers' premises or in the uplink process to
the satellite.
M. "EPA" means the State and/or Federal Environmental Protection Agency
or its duly designated and authorized successor agency.
N. "FAA" means the Federal Aviation Administration, or its duly
designated and authorized successor agency.
O. "FCC" means the Federal Communications Commission, or its duly
designated and authorized successor agency.
P. "Free standing Tower" means a Tower that is not supported by guy
wires and ground anchors or other means of attached or external support.
Q. "Height" means, when refen-ing to a Tower or structure, the distance
measured from the preexisting grade level to the highest point on the Tower
or structure, even if said highest point is an Antenna.
R. "Lattice Tower" A self-supporting communications tower with three or
more sides of openframed supports.
S. "Monopole Tower" means a cylindrical self-supporting communications
tower constructed as a single spire.
T. "NIER" means Non-Ionizing Electromagnetic Radiation
U. "Person" means any individual, corporation, estate, trust, partnership,
joint stock company, association of two (2) or more persons having a joint
common interest, or any other entity.
V. "Personal Wireless Facility" See definition for 'Wireless
Telecommunications Facilities'.
W. "Personal Wireless Services" or "PWS" or "Personal
Telecommunications Service" or "PCS" shall have the same meaning as
defined and used in thc 1996 Telecommunications Act.
X. "State" means the State of Florida.
Y. "Survey" means a survey containing the seal and certification of a
properly licensed professional engineer or professional land surveyor.
Z. "Telecommunication Site"
Telecommunications Facilities.
See definition for Wireless
AA. "Telecommunications" means the transmission and reception of
audio, video, data, and other information by wire, radio frequency, light,
and other electronic or electromagnetic systems.
BB. "Telecommunications Structure" means a structure used in the
provision of services described in the definition of 'Wireless
Telecommunications Facilities'.
CC. "Temporary" means in relation to all aspects and components of
this Ordinance, something intended to, or that does, exist for fewer than
one-hundred eighty (180) days.
DD. "Wireless Telecommunications Facilities" or
"Telecommunications Tower" or "Telecommunications Site" or
"Personal Wireless Facility" means a structure, facility or location
designed, or intended to be used as, or used to support, Antennas, as well as
antennas or any functional equivalent equipment used to transmit or receive
signals. It includes without limit, the tower compound, free standing
Towers, guyed Towers, monopoles, and similar structures that employ
camouflage technology, including, but not limited to structures such as a
multi-story building, church steeple, silo, water tower, sign or other similar
structures intended to raitigatc thc visual impact of an Antenna or the
functional equivalent of such. It is a structure intended for transmitting
and/or receiving radio, television, cellular, paging, personal
Telecommunications services, or microwave Telecommunications, but
excluding those used exclusively for fire, police and other dispatch
Telecommunications, or exclusively for private radio and television
reception and private citizen's bands, amateur radio and other similar
Telecommunications.
Section 4. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.4, which said section shall
read as follows:
Section $4-6-23.4. Pre-application meeting.
There shall be a pre-application meeting. The purpose of the pre-application
meeting will be to address issues which will help to expedite the review and
permitting process. A pre-application meeting may also include a site visit if
required. Where the Application is for the collocation of an existing
Telecommunications Tower(s) or other high structure, the Applicant should
seek to waive any section or sub-section of this Ordinance that may not he
required.
Section 5. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.5, which said section shall
read as follows:
Section 54-6-23.5. Collocation of Wireless Telecommunications Facilities
and other structures.
A. Collocation of existing Wireless Telecommunications Facilities shall be
preferred by the City, as opposed to the proposed construction of a new
Telecommunications Tower. Where such collocation is unavailable,
location of Antennas on other pre-existing structures shall be considered
and preferred. The Applicant shall submit a comprehensive report
inventorying existing Towers and other appropriate structures within four
(4) miles of any proposed new Tower Site, unless the Applicant can show
that some other distance is more reasonable, and outlining opportunities for
collocate of existing facilities and the use of other pre-existing structures as
a preferred altemative to new construction.
B. An Applicant intending to share use of an existing Telecommunications
Tower or other structure shall be required to document the intent of the
existing owner to share use. In the event an Application to share the use of
an existing Telecommunications Tower does not increase the height of the
Telecommunications Tower, City staff shall waive such requirements of the
Application required by this Local Ordinance as may be for good cause
shown.
Section 6. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.6, which said section shall
read as follows:
Section 54-6-23.6. Location of Wireless Telecommunications Facilities.
A. Availability of suitable existing towers, other structures or altemative
technology. No new tower shall be permitted unless the applicant demonstrates to
the reasonable satisfaction of the Planning Commission that no existing tower,
structure or alternative technology that does not require the use of towers or
structures can accommodate the applicant's proposed antenna. An applicant shall
submit information requested by the Growth Management Department related to
the availability of suitable existing towers, other structures or altemative
technology. Evidence submitted to demonstrate that no existing tower, structure
or alternative technology can accommodate the applicant's proposed antenna may
consist of any of the following (although nothing should be construed to infer that
meeting one, some or ail of the following shall entitle the applicant to approval):
1. No existing towers or structures are located within the geographic area
which meet applicant's engineering requirements.
2. Existing towers or structures are not of sufficient height to meet
applicant's engineering requirements.
3. Existing towers or structures do not have sufficient structural strength
to support applicant's proposed antenna and related equipment.
4. The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures, or the
antenna on the existing towers or structures would cause interference with
the applicant's proposed antenna.
5. The fees, costs or contractual provisions required by the owner in
order to share an existing tower or structure or to adapt an existing tower
or structure for sharing are unreasonable. Costs exceeding new tower
development by 25% are presumed to be unreasonable.
6. The applicant demonstrates that there are other limiting factors that
render existing towers and structures unsuitable.
7. The applicant demonstrates that an alternative technology that does not
require the use of towers or structures, such as a cable microcell network
using multiple low-powered transmitters/receivers attached to a wireline
system, is unsuitable. Costs of aitemative technology that exceed new
tower or antenna development shall not be presumed to render the
technology unsuitable.
B. In the event no existing towers or structures are located within the geographic
area which meet applicant's engineering requirements, applicants for Wireless
Telecommunications Facilities shall locate, site and erect said Wireless
Telecommunications Facilities in accordance with the following priorities, one (1)
being the highest priority and three (3) being the lowest priority.
1. Collocation on existing Telecommunications Towers or other tall
structures;
2. On municipally-owned properties;
3. On other property in the City zoned for either commemial or industrial
use only.
C. If the proposed property site is not the highest priority listed above, then a
detailed explanation must be provided as to why a site of a higher priority
was not selected. The person seeking such an exception must satisfactorily
demonstrate the reason or reasons why such a permit should be granted for
the proposed site, and the hardship that would be incurred by the Applicant
if the permit were not granted for the proposed site.
D. An Applicant may not by-pass sites of higher priority by stating the site
presented is the only site leased or selected. An Application shall address
collocation as an option and if such option is not proposed, the applicant
must explain why collocation is Commercially Impracticable.
D. Notwithstanding the above, the Commission may approve any site located
within an area in the above list of priorities, provided that the Commission
finds that the proposed site is in the best interest of the health, safety and
welfare of the City and its inhabitants.
E. The Applicant shall, in writing, identify and disclose the number and
locations of any additional sites that the Applicant has been, is, or will be
considering, reviewing or planning for Wireless Telecommunications
Facilities in the City.
F. Notwithstanding that a potential site may be situated in an area of highest
priority or highest available priority, the Commission may disapprove an
Application for any of the following reasons.
1. Conflict with safety and safety-related codes and requirements;
2. Conflict with any historic preservation regulations pertaining to any
historical district;
3. The use or construction of Wireless Telecommunications Facilities
which is contrary to an already stated purpose of a specific zoning or land
use designation;
4. The placement and location of Wireless Telecommunications Facilities
which would create an unacceptable risk, or the probability of such, to
residents, the public, employees and agents of the City, or employees of
the service provider or other service providers;
5. Conflicts with the provisions of this Ordinance.
Section 7. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.7, which said section shall
read as follows:
Section 54-6-23.7. Retention of Expert Assistance and Reimbursement
by Applicant.
A. The City may hire any consultant and/or expert necessary to assist the City in
reviewing and evaluating the Application and any requests for recertification.
B. An Applicant shall deposit with the City funds sufficient to reimburse the City
for all reasonable costs of consultant and expert evaluation and consultation to the
City in connection with the review of any Application. The initial deposit shall be
$7,500.00. These funds shall accompany the filing of an Application and the City
will maintain a separate escrow account for all such funds. The City's
consultants/experts shall bill or invoice the City no less fxequently than monthly
for its services in reviewing the Application and performing its duties. If at any
time during the review process this escrow account has a balance less than
$2,500.00, Applicant shall immediately, upon notification by the City, replenish
said escrow account so that it has a balance of at least $2,500.00. Such additional
escrow funds must be deposited with the City before any further action or
consideration is taken on the Application. In the event that the amount held in
escrow by the City is more than the amount of the actual billing or invoicing at
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the conclusion of the review process, the difference shall be promptly refunded to
the Applicant.
C. The total amount of the funds set forth in subsection (B) of this section may
vary with the scope and complexity of the project, the completeness of the
Application and other information as may be needed by the City or its
consultant/expert to complete the necessary review and analysis. Additional
escrow funds, as required and requested by the City, shall be paid by the
Applicant.
Section 8. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.8, which said section shall
read as follows:
Section 54-6-23.8. Exceptions from a Conditional Use Permit for
Wireless Telecommunications Facilities.
A. No Conditional Use Permit shall be required for collocating
antennae on existing Wireless Telecommunications Facilities. Additionally,
no Conditional Use Permit shall be required for those exceptions noted in the
definition of Wireless Telecommunications Facilities, such as those used
exclusively for fire, police and other dispatch Telecommunications, or
exclusively for private radio and television reception and private citizen's
bands, amateur radio and other similar Telecommunications.
B. All Wireless Telecommunications Facilities legally existing on or
before the effective date of this Ordinance shall be allowed to continue as
they presently exist, provided however, that any modification to existing
Wireless Telecommunications Facilities must comply with this Ordinance.
Section 9. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.9, which said section shall
read as follows:
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Section 54-6-23.9. Conditional Use Permit Application and Other
Requirements.
A. All Applicants for a Conditional Use Permit for Wireless
Telecommunications Facilities or any modification of such facility shall
comply with the requirements set forth in this section. The Planning and
Zoning Commission is the officially designated agency or body of the
community to whom applications for a Conditional Use Permit for Wireless
Telecommunications Facilities shall be made, and that is authorized to
review, analyze, evaluate and make decisions with respect to granting or not
granting, or revoking conditional use permits for Wireless
Telecommunications Facilities.
B. An applicant for a Conditional Use Permit for Wireless
Telecommunications Facilities shall either be a licensed carder or have a
licensed cartier as a co-applicant that has obtained FCC approval to install
equipment on the subject site.
C. An Application for a Conditional Use Permit for Wireless
Telecommunications Facilities shall be signed on behalf of the Applicant by
the person preparing the same and with knowledge of the contents and
representations made therein and attesting to the truth and completeness of
the information. The landowner, if different than the Applicant, shall also
sign the Application, and submit an authorization letter stipulating the
applicant is legally authorized to act on behalf of the owner.
D. Applications not meeting the requirements stated herein or which
are otherwise incomplete, may be rejected by the Commission.
E. The Applicant shall include a statement in writing:
1. That the applicant's proposed Wireless Telecommunications Facilities
shall be maintained in a safe manner, and in compliance with all
conditions of the Conditional Use Permit, without exception, unless
specifically granted relief by the Commission in writing, as well as all
applicable and permissible local codes, ordinances, and regulations,
including any and all applicable County, State and Federal Ordinances,
rules, and regulations;
2. That the construction of the Wireless Telecommunications Facilities is
legally permissible, including, but not limited to the fact that the
Applicant is authorized to do business in the State of Florida.
F. No Wireless Telecommunications Facilities shall be installed or
constructed until the site plan is reviewed and approved by the Commission,
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the Conditional Use Permit has been approved, and the building permit has
been issued by the Building Department.
G. All new Wireless Telecommunication facilities requiring a new
supporting tower to be erected shall use a Monopole Tower, or other
acceptable alternative tower structure, as defined herein. All conditional use
permit applications for new Wireless Telecommunications Facilities shall be
accompanied by a report containing the information hereinafter set forth. The
report shall be signed by a licensed professional engineer registered in the
State of Florida. Where this section calls for certification, such certification
shall be by a qualified Florida State licensed Professional Engineer
acceptable to the City, unless otherwise noted. The Application shall include,
in addition to the other requirements for the Conditional Use Permit, the
following information:
1. Documentation that demonstrates the need for the Wireless
Telecommunications Facility to provide service primarily within the
City;
2. Name, address and phone number of the person preparing the report;
3. Name, address, and phone number of the property owner, operator, and
Applicant, to include the legal form of the Applicant;
4. Postal address and tax map parcel number of the property;
5. Zoning District or designation in which the property is situated;
6. Size of the property stated both in square feet and lot line dimensions,
and a diagram showing the location of all lot lines reflected on a
survey;
7. Location of nearest residential structure or residential zoning dish-ict;
8. Location of nearest habitable structure;
9. Location, size and height of all structures on the property which is the
subject of the Application;
10. Location, size and height of all proposed and existing antennae and
all appurtenant structures;
11. Type, locations and dimensions of all proposed and existing
landscaping, and fencing;
12. The number, type and design of the Telecommunications Tower(s)
Antenna(s) proposed and the basis for the calculations of the
Telecommunications Tower's capacity to accommodate multiple users;
13. The make, model and manufacturer of the Tower and Antenna(s);
14. A description of the proposed Tower and Antenna(s) and all related
fixtures, structures, appurtenances and apparatus, including height
above pre-existing grade, materials, color and lighting;
15. The frequency, modulation and class of service of radio or other
transmitting equipment;
16. Transmission and maximum effective radiated power of the
Antenna(s);
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17. Direction of maximum lobes and associated radiation of the
Antenna(s);
18. Applicant's proposed Tower maintenance and inspection procedures
and related system of records;
19. Certification that NIER levels at the proposed site are within the
threshold levels adopted by the FCC;
20. Certification that the proposed Antenna(s) will not cause
interference with existing telecommunications devices, which
certification shall be reviewed by a licensed engineer approved by the
City;
21. A copy of the FCC license applicable for the use of Wireless
Telecommunications Facilities;
22. Certification that a topographic and geomorphologic study and
analysis has been conducted, and that taking into account the
subsurface and substrata, and the proposed drainage plan, that the site is
adequate to assure the stability of the proposed Wireless
Telecommunications Facilities on the proposed site, which certification
shall be reviewed by a licensed engineer designated by the City;
23. Propagation studies of the proposed site and all adjoining proposed,
in-service or existing sites;_
24. Applicant shall disclose in writing any agreement in existence prior
to submission of the Application that would limit or preclude the ability
of the Applicant to share any new Telecommunication Tower that it
constructs.
25. Certification and Statement that appropriate space has been reserved
on the tower for public safety usage at no cost to the public safety
entity. The City will provide the specific requirements for such public
safety usage, if any, promptly after the preapplication meeting.
In the case of a new Telecommunication Tower, the Applicant shall be
required to submit a written report demonstrating its efforts to secure
collocation rights of existing Telecommunications Tower(s) or use of
existing buildings or other structures within the City. Copies of written
requests and responses for collocation shall be provided to the
Commission.
I. The Applicant shall fumish a Visual Impact Assessment which shall
include:
1. A" Zone of Visibility Map" which shall be provided in order to
determine locations where the Tower may be seen.
2. An assessment of the visual impact of the Tower base, and accessory
buildings from abutting and adjacent properties and streets.
3. An artist's rendering or other visual representation showing the effect
of light emanating from the site on neighboring habitable structures
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within fifteen-hundred (1,500) feet of all property lines of the parcel on
which the Wireless Telecommunications Facilities are located.
J. All utilities from Wireless Telecommunications Facilities sites shall be
installed underground and in compliance with all Ordinances, roles and
regulations of the City, including specifically, but not limited to, the
National Electrical Safety Code and the National Electrical Code where
appropriate.
K. Both the Wireless Telecommunications Facility and any and all accessory
or associated facilities shall maximize use of building materials, colors
and textures designed to blend with the structure to which it may be
affixed and/or to harmonize with the natural surroundings.
L. At a Telecommunications Site, an access road and parking shall be
provided to assure adequate emergency and service access. Maximum use
of existing roads, whether public or private, shall be made to the extent
practicable. Road construction shall at alt times minimize ground
disturbance and vegetation cutting/removal.
M.A Person who holds a Conditional Use Permit for Wireless
Telecommunications Facilities shall construct, operate, maintain, repair,
provide for removal of, modify or restore the permitted Wireless
Telecommunications Facilities in strict compliance with all current
technical, safety and safety-related codes adopted by the City, State, or
Federal, including but not limited to the most recent editions of the
National Electrical Safety Code and the National Electrical Code, as well
as accepted and responsible workmanlike industry practices and
recommended practices of the National Association of Tower Erectors.
The codes referred to are codes that include, but are not limited to,
construction, building, electrical, fire, safety, and health codes. In the
event of a conflict between or among any of the preceding the more
stringent shall apply.
N. A holder of a Conditional Use Permit granted under this Ordinance shall
obtain, at its own expense, all permits and licenses required by applicable
rule, regulation or Ordinance, and must maintain the same, in full rome
and effect, for as long as required by the City or other governmental entity
or agency having jurisdiction over the applicant.
O. The Applicant shall examine the feasibility of designing a proposed
Telecommunications Tower to accommodate future demand for at least
two (2) additional commercial applications, for example, future
collocations. The Telecommunications Tower shall be structurally
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designed to accommodate at least two (2) additional Antenna Arrays equal
to those of the Applicant, and located as close to the Applicant's Antenna
as possible without causing interference. This requirement may be waived,
provided that the Applicant, in writing, demonstrates that the provision of
future shared usage of the Telecommunications Tower is not
technologically feasible, or is Commercially Impracticable and creates an
unnecessary and unreasonable burden, based upon:
1. The foreseeable number of FCC licenses available for the area;
2. The kind of Wireless Telecommunications Facilities site and structure
proposed;
3. The number of existing and potential licenses without Wireless
Telecommunications Facilities spaces/sites;
4. Available space on existing and approved Telecommunications
Towers.
The applicant shall submit to the City a letter of intent committing the
owner of the proposed new Tower, and his/her successors in interest, to
negotiate in good faith for collocation of the proposed Tower by other
Telecommunications providers in the future. This letter shall be filed with
the City. Failure to abide by the conditions outlined in the letter may be
grounds for revocation of the Conditional Use Penuit. The letter shall
commit the new Tower owner and their successors in interest to:
1. Respond within 60 days to a request for information from a potential
collocate applicant;
2. Negotiate in good faith concerning future requests for collocation of the
new Tower by other Telecommunications providers;
Q. The holder of a Conditional Use Pemfit shall notify the City of any
intended modification of a Wireless Telecommunication Facility and shall
apply to the City to modify, relocate or rebuild a Wireless
Telecommunications Facility.
Section 10. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.10, which said section
shall read as follows:
Section 54-6-23.10. Factors to be considered in granting conditional use
permits for towers.
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In addition to any standards for consideration of conditional use permit
applications pursuant to Article VI of this chapter, the Planning Commission
shall consider the following factors in determining whether to issue a
conditional use permit, although the Planning Commission may waive or
reduce the burden on the applicant of one or more of these criteria if the
Planning Commission concludes that the goals of this section are better
served thereby:
1. Location of nearest habitable structure, nearest residential structure or
residential zoning district;
2. Proximity of the tower to residential structures and residential district
boundaries;
3. Nature of uses on adjacent and nearby properties;
4. Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
5. Surrounding tree coverage and foliage;
6. Surrounding topography;
7. Height of the proposed tower;
8. Availability of suitable existing towers, other structures or alternative
technologies not requiring the use of towers or structures;
The number, type and design of the Telecommunications Tower(s)
Anteuna(s) proposed and the basis for the calculations of the
Telecommunications Tower's capacity to accommodate multiple users.
Section 11. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.11, which said section
shall read as follows:
Section 54-6-23.11. Aesthetics and Visibility of Wireless
Teleconununications Facilities.
A. Applicants must provide camouflaging as defined by the term "altemative
tower structure" or provide documentation as to why camouflage is not
feasible. Alternative tower structures include -- Man-made trees, clock
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towers, bell steeples, light poles and similar alternative-design mounting
structures that camouflage or conceal the presence of antennas or towers
B. If the tower is not to be camouflaged by an alternative tower structure, the
tower shall either maintain a neutral color consisting of the light gray and
light blue color spectrum, or meet the applicable standards of the FAA.
C. Whether a tower is camouflaged or not at a tower site, the design of the
buildings and related structures shall, to the extent possible, use materials,
colors, textures, screening and landscaping that will blend them into the
natural setting and surrounding buildings.
D. If an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be a neutral color
that is identical to or closely compatible with the color of the supporting
structure so as to make the antenna and related equipment as visually
unobtrusive as possible.
E. State or federal requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC and any other agency of
the state or federal government with the authority to regulate towers and
antennas. If such standards and regulations are changed, then the owners
of the towers and antennas governed by this section shall bring such
towers and antennas into compliance with such revised standards and
regulations within six months of the effective date of such standards and
regulations, unless a different compliance schedule is mandated by the
controlling state or federal agency. Failure to bring towers and antennas
into compliance with such revised standards and regulations shall
constitute grounds for the removal of the tower or antenna at the owner's
expense.
F. Wireless Telecommunications Facilities shall not be artificially lighted or
marked, except as required by this Ordinance or other regulatory authority.
G. Tower facilities shall be landscaped with a buffer of plant materials that
effectively screens the view of the tower compound from adjacent
property. The standard buffer shall consist of a landscaped strip at least ten
(10) feet wide outside the perimeter of the compound. Any combination
of hedges, landscaped berm or ground cover shall be planted or installed
along the entire length of each required landscape strip. The barrier,
hedge, or landscape berm shall be a minimum of four (4) feet in height. In
addition, there shall be a minimum of one (1) shrub for every two (2)
lineal feet of the required landscape strip. Additionally one (1) tree per
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every twenty-five (25) lineal feet shall be included within said landscaped
strip.
Section 12. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.12, which said section
shall read as follows:
Section 54-6-23.12. Site Plan Requirements.
A. A scaled site plan clearly indicating the location, type and height of the
proposed tower, on-site land uses and zoning, adjacent land uses and
zoning (including when adjacent to other municipalities), Land Use
classification of the site and all properties within fifteen hundred (1,500)
feet, adjacent roadways, proposed means of access, setbacks fi:om property
lines, elevation drawings of the proposed tower and any other structures,
topography, parking, landscaping, fencing and other information deemed
by the Growth Management Department to be necessary to assess
compliance with this section;
B. Legal description of the parent tract and leased parcel (if applicable);
C. The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties, and unplatted
residentially zoned properties;
D. The separation distance from other towers within the City's boundaries
shall be shown on an updated site plan or map. The applicant shall also
identify the type of construction of the existing tower(s), if known, as well
as the owner/operator of the existing tower(s), as applicable;
A landscape plan showing specific landscape materials; The Applicant
shall demonstrate and provide in writing and/or by drawing how it shall
effectively screen from view its proposed Wireless Telecommunications
Facilities base and all related facilities and structures;
F. Method of fencing and finished color and, if applicable, the method of
camouflage and illumination;
G. A description of compliance with all regulations contained herein, all
applicable federal, state or local laws;
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H. A notarized statement by the applicant as to whether construction of the
tower will accommodate colocation of additional antennas for future users
and if not why it will not;
I. A description of the suitability of the use of existing towers, other
structures or alternative technology not requiring the use of towers or
structures to provide the services to be provided through the use of the
proposed new tower;
J. A description of the feasible locations of future towers or antennas within
the City of Sebastian based upon existing physical, engineering,
technological or geographical limitations in the event the proposed tower
is erected;
K. Applicant's proposed Tower maintenance and inspection procedures and
related system of records;
L. If lighting is required, Applicant shall provide a detailed plan for sufficient
lighting of as unobtrusive and inoffensive an effect as is permissible under
State and Federal regulations, and
M. The applicant shall provide a written copy of an analysis, completed by a
qualified individual or organization, to determine if the
Telecommunications Tower or existing structure intended to support
wireless facilities requires lighting under Federal Aviation Regulation Part
77. This requirement shall be for any new tower, or for an existing
structure or building where the application increases the height of the
structure or building. If this analysis determines, that the FAA must be
contacted, then all filings with the FAA, all responses from the FAA and
any related correspondence shall be provided in a timely manner.
Section 13. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.13, which said section
shall read as follows:
Section 54-6-23.13. Lot Size and Setbacks.
A. Wireless Telecommunications Facilities, excluding Alternative Tower
Structures, shall be located with a minimum setback from any property
line a distance equal to the height of the Wireless Telecommunications
Facility or the existing setback requirement of the underlying zoning
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district, whichever is greater. Further, any Accessory structure shall be
located so as to comply with the applicable minimum setback
requirements for the property on which it is situated.
B. Alternative Tower Structures shall be exempt from subsection A above.
Section 14. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.14, which said section
shall read as follows:
Section 54-6-23.14. Height of Telecommunications Tower(s).
A. The Applicant must submit documentation justifying to the Commission
the total height of any Telecommunications Tower, Facility and/or
Antenna and the basis therefore. Such justification shall be to provide
service within the City, to the extent practicable, unless good cause is
shown.
Telecommunications Towers shall be no higher than the minimum height
necessary. Unless waived by the Commission upon good cause shown, the
maximum height shall be one hundred-ten (110) feet, based on three (3)
collocated tiers, ninety-five (95) feet, based on two (2) collocated tiers,
and eighty (80) feet, based on single antennae._
The maximum height of any Telecommunications Tower and attached
Antennas constructed after the effective date of this Ordinance shall not
exceed that which shall permit operation without artificial lighting of any
kind, in accordance with municipal, county, state, and/or any federal
statute, code, role or regulation.
Section 15. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.15, which said section
shall read as follows:
Section 54-6-23.15. Security of Wireless Telecommunications Facilities.
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All Wireless Telecommunications Facilities and Antennas shall be located,
fenced or otherwise secured in a manner that prevents unauthorized access.
Specific requirements are as follows:
A. All Antennas, Towers and other supporting structures, shall be enclosed
by security fencing not less than six (6) feet, yet no greater than eight (8)
feet, in height and shall also be equipped with no more than three (3)
strands of barbed wire, and
B. Transmitters and Telecommunications control points must be installed
such that they are readily accessible only to persons authorized to operate
or service them.
Section 16. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.16, which said section
shall read as follows:
Section 54-6-23.16. Signage.
Wireless Telecommunications Facilities shall contain a sign no larger than
six (6) square feet to provide adequate notification to persons in the
immediate area of the presence of an Antenna that has transmission
capabilities. The sign shall contain the name(s) of the owner(s) and
operator(s) of the Antenna(s) as well as emergency phone number(s). The
sign shall be located so as to be visible from the access point of the site. The
sign shall not be lighted unless the Commission shall have allowed such
lighting. No other signage, including advertising, shall be permitted on any
facilities, Antennas, Antenna supporting structures or Antenna Towers,
unless otherwise required by law.
Section 17. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.17, which said section
shall read as follows:
Section 54-6-23.17. Application Fee.
At the time that a person submits an Application for a Conditional Use Permit
for a new Telecommunications Tower, such person shall pay a non-
refundable application fee of $1,500.00 to the City. If the Application is for a
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Conditional Use Permit for collocating on an existing Telecommunications
Tower or high structure, where no increase in height of the Tower or
structure is required, the non-refundable fee shall be $1,000.00. These fees
shall not include the cost of the building permit.
Section 18. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.18, which said section
shall read as follows:
Section 54-6-23.18. Performance Security.
The Applicant and the owner of record of any proposed Wireless
Telecommunications Facilities property site shall at its cost and expense, be
jointly required to execute and file with the City a bond, or other form of
security acceptable to the City as to type of security and the form and manner
of execution, in an amount of at least $75,000.00 and with such sureties as
are deemed sufficient by the Commission to assure the faithful performance
of the terms and conditions of this Ordinance and conditions of any
Conditional Use Permit issued pursuant to this Ordinance. The full amount
of the bond or security shall remain in full force and effect throughout the
term of the Conditional Use Permit, including a transference of ownership,
and/or until the removal of the Wireless Telecommunications Facilities, and
any necessary site restoration is completed. The failure to pay any annual
premium for the renewal of any such security shall be a violation of the
provisions of the Conditional Use Permit and shall entitle the Commission to
revoke the Conditional Use Permit after prior written notice to the Applicant
and holder of the permit and after a heating upon due prior notice to the
Applicant and holder of the Conditional Use Permit.
Section 19. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.19, which said section
shall read as follows:
Section 54-6-23.19. Public Hearing Required.
A. Prior to the approval of any Application for a Conditional Use Permit for
Wireless Telecommunications Facilities, a public heating shall be held by
the Commission, notice of which shall be published in a newspaper of
general circulation within the City no less than fifteen (15) calendar days
prior to the scheduled date of the public heating. In order to insure that
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nearby landowners are informed, the Applicant, at time of application
submittal shall be required to provide names and address of all landowners
whose property is located within five hundred (500) feet of any property
line of the lot on which the new Wireless Telecommunications Facilities
are proposed to be located and certify that the Applicant has provided
notice to said landowners of the public heating.
B. The City shall schedule the public heating referred to in Subsection (A) of
this section once it finds the Application is complete. The City, at any
stage prior to issuing a Conditional Use Permit, may require such
additional information as it deems necessary.
Section 20. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.20, which said section
shall read as follows:
Section 54-6-23.20. Action on an Application for a Conditional Use
Permit for Wireless Telecommunications Facilities.
A. The Commission will undertake a review of an Application pursuant to this
Ordinance in a timely fashion, and shall act within a reasonable period of
time given the relative complexity of the Application and the circumstances,
with due regard for the public's interest and need to be involved, and the
Applicant's desire for a timely resolution.
B. Except for necessary building permits, once a Conditional Use Permit has
been granted hereunder, no additional permits or approvals shall be required
by the City.
C. After the public hearing and after formally considering the Application, the
Commission may approve and issue, or deny, a Conditional Use Permit. It's
decision shall be in writing and shall be supported by substantial evidence
contained in a written record. The burden of proof for the grant of the permit
shall always be upon the Applicant.
D. The applicant shall be notified in writing of the Commission's decision
regarding the Conditional Use Permit application within ten (10) calendar
days of the Commission's action.
E. Appeals of decisions of the planning and zoning commission shall be to the
City Council pursuant to section 54-1-2.4(g).
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Section 21. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.21, which said section
shall read as follows:
Section 54-6-23.21. Extent and Parameters of Conditional Use Permit for
Wireless Telecommunications Facilities.
The extent and parameters of a Conditional Use Permit for Wireless
Telecommunications Facilities shall be as follows:
A. Such Conditional Use Permit shall be non-exclusive;
Such Conditional Use Permit shall not be assigned, transferred or
conveyed without the express prior written consent of the Staff, and such
consent shall not be unreasonably withheld or delayed;
Such Conditional Use Permit may, following a hearing upon due prior
notice to the Applicant, be revoked, canceled, or terminated for a violation
of the conditions and provisions of the Conditional Use Permit for
Wireless Telecommunications Facilities, or for a material violation of this
Ordinance after prior written notice to the Applicant and the holder of the
Conditional Use Permit.
Section 22. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.22, which said section
shall read as follows:
Section 54-6-23.22. Adherence to State and/or Federal Rules and
Regulations.
To the extent that the holder of a Conditional Use Permit for Wireless
Telecommunications Facilities has not received relief, or is otherwise
exempt, from appropriate State and/or Federal agency rules or regulations,
then the holder of such a Conditional Use Permit shall adhere to, and
comply with, all applicable rules, regulations, standards, and provisions of
any State or Federal agency, including, but not limited to, the FAA and the
FCC. Specifically included in this requirement are any rules and
regulations regarding height, lighting, security, electrical and RF emission
standards.
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B. To the extent that applicable rules, regulations, standards, and provisions
of any State or Federal agency, including but not limited to, the FAA and
the FCC, and specifically including any roles and regulations regarding
height, lighting, and security are changed and/or are modified during the
duration of a Conditional Use Permit for Wireless Telecommunications
Facilities, then the holder of such a Conditional Use Permit shall conform
the permitted Wireless Telecommunications Facilities to the applicable
changed and/or modified role, regulation, standard, or provision within a
maximum of twenty-four (24) months of the effective date of the
applicable changed and/or modified rule, regulation, standard, or
provision, or sooner as may be required by the issuing entity.
Section 23. That the Code of Ordinances, City of Sebastian, Florida, is hereby
mended by adding a section, to be numbered section 54-6-23.23, which said section
shall read as follows:
Section 54-6-23.23. Removal of Wireless Telecommunications Facilities.
A. Under the following circumstances, Staff may determine that the health,
safety, and welfare interests of the City warrant and require the removal of
Wireless Telecommunications Facilities.
1. Wireless Telecommunications Facilities with a permit have been
abandoned (i.e. not used as Wireless Telecommunications Facilities)
for a period exceeding one hundred-eighty (180) days, except for
periods caused by force majeure or Acts of God, in which case, repair
or removal shall commence within 90 days;
2. Permitted Wireless Telecommunications Facilities fall into such a state
of disrepair that it creates a health or safety hazard;
3. Wireless Telecommunications Facilities have been located,
constructed, or modified without first obtaining, or in a manner not
authorized by, the required Conditional Use Permit, or any other
necessary authorization.
B. If the City makes such a determination as noted in subsection (A) of this
section, then the City shall notify the holder of the Conditional Use Permit
for the Wireless Telecommunications Facilities within forty-eight (48)
hours that said Wireless Telecommunications Facilities are to he removed.
The City may approve an interim temporary use agreement/permit, such as
to enable the sale of the Wireless Telecommunications Facilities.
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C. The holder of the Conditional Use Permit, or its successom or assigns,
shall dismantle and remove such Wireless Telecommunications Facilities,
and all associated structures and facilities, from the site and restore the site
to as close to its original condition as is possible, such restoration being
limited only by physical or Commercial Impracticability, within ninety
(90) days of receipt of written notice fi.om the City.
D. If Wireless Telecommunications Facilities are not removed or substantial
progress has not been made to remove the Wireless Telecommunications
Facilities within ninety (90) days after the permit holder has received
notice, then the City may order officials or representatives of the City to
remove the Wireless Telecommunications Facilities at the sole expense of
the owner or Conditional Use Permit holder.
If the City removes or causes to be removed, Wireless
Telecommunications Facilities, and the owner of the Wireless
Telecommunications Facilities does not claim and remove it fi.om the site
to a lawful location within ten (10) days, then the City may take steps to
declare the Wireless Telecommunications Facilities abandoned, and sell
them and their components.
Notwithstanding anything in this Section to the contrary, Staff may
approve a temporary use permit/agreement for the Wireless
Telecommunications Facilities, for no more than ninety (90) days, during
which time a suitable plan for removal, conversion, or re-location of the
affected Wireless Telecommunications Facilities shall be developed by the
holder of the Conditional Use Pemfit, subject to the approval of the Staff,
and an agreement to such plan shall be executed by the holder of the
Conditional Use Permit and the City. If such a plan is not developed,
approved and executed within the ninety (90) day time period, then the
City may take possession of and dispose of the affected Wireless
Telecommunications Facilities in the manner provided in this Section.
Section 24. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered section 54-6-23.24, which said section
shall read as follows:
Section 54-6-23.24. Relief.
Any Applicant desiring relief or exemption from any aspect or requirement of
this Ordinance may request such from the City at a pre-Application meeting,
27
provided that the relief or exemption is contained in the original Application
for either a Conditional Use Permit, or in the case of an existing or previously
granted Conditional Use Permit, a request for modification of its Tower
and/or facilities. Such relief may be temporary, pemaanent, partial or
complete, at the sole discretion of the Cominission. However, the burden of
proving the need for the requested relief or exemption is solely on the
Applicant to prove to the satisfaction of the Commission. The Applicant
shall bear all costs of the City in considering the request and the relief shall
not be transferable without the specific written permission of the City. Such
permission shall not be unreasonably withheld or delayed. No such relief or
exemption shall be approved unless the Applicant demonstrates by clear and
convincing evidence that, if granted the relief or exemption will have no
significant effect on the health, safety and welfare of the City, its residents
and other service providers.
Section 25. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 26. SEVERABILITY. In the event a court of competent jurisdiction
shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance
shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or tmconstitutional provisions. It shall
further be assumed that the City Council would have enacted the remainder of this
Ordinance without said invalid or unconstitutional provision, thereby causing said
remainder to remain in full force and effect.
Section 27. EFFECTIVE DATE. This Ordinance shall become effective
immediately.
The foregoing Ordinance was moved for adoption by Councilmember
Barczyk The motion was seconded by Councilmember
Conig 1 i o and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes aye
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Vice-Mayor James Hill aye
Councilmember Joe Barczyk aye
Councilmember Edward J. Majcher, Jr. aye
Councilmember Ray Coniglio aye
The Mayor thereupon declared this Ordinance duly passed and adopted this
]~f~i~,X~. 8th day of January, 2003.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By: l_}~d6~_/~ ~
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, ~2~ty ~mey
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