1997-12 Telecommunications Antenna Towers
ORDINANCE NO. 12-97
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADDING A SECTION 45-21 TO ARTICLE II OF APPENDIX C-
ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE TO PROVIDE FOR
TELECOMMUNICATION ANTENNA AND ANTENNA TOWERS WITHIN THE VILLAGE AND
REGULATIONS THEREFORE; AMENDING SECTION 45-2 (DEFINITIONS) OF
ARTICLE I OF APPENDIX C-ZONING BY ADDING DEFINITIONS FOR ANTENNA
AND ANTENNA TOWERS; AMENDING SUBSECTIONS A AND M OF SECTION 45-36
(GENERAL PROVISIONS) OF ARTICLE III OF APPENDIX C-ZONING TO PROVIDE
'T'HAT TELECOMMUNICATION ANTENNA/TOWERS ARE SUBJECT THERETO AND
AMENDING BUILDING HEIGHT REGULATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES
• IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. Article II of Appendix C-Zoning of the Code
of ordinances of the Village is hereby amended by the addition of
a Section 45-21 to read as follows:
"Section 45-21 Telecommunication Antenna and Antenna
Towers.
Antenna and/or antenna towers owned and operated
subject to provisions of the Telecommunications Act of
1996 may be located and constructed in accordance with
the following provisions:
1. a) The Village Planning Commission will consider, in
accordance with Article III of Chapter 6 of the Village
Code of Ordinances, applications for telecommunication
antenna and/or antenna towers which are attached to, or
replace existing structures provided the overall height
of the antenna and/or tower does not extend more than
twenty (20) feet above the existing structure.
• b) In approving a tower or antenna location, the
Planning Commission shall consider the attachment to or
replacement of existing structures which will result in
the least visually offensive installation to be the most
preferred location for such installations. Such
structures may include but are not limited to highrise
residential or commercial buildings, sports lighting
poles, existing antenna towers and/or public utility
structures.
2. New free standing towers/antenna locations and
new tower/antenna locations which do not conform to
Section 1 of this Article may only be allowed by
Special Exception granted by the Village Council subject
to the following criteria:
a) The Village Council shall consider when
evaluating whether to approve an antenna/tower location
whether there is suitable and reasonably available public
or private property which would physically accommodate
the tower or antenna without unreasonably compromising
the antenna's signal reception or transmitting capability
or unreasonably compromise the communication system
capability, and without negatively impacting the
aesthetics of the tower.
b) New free standing tower/antenna locations and
new tower/antenna locations will be considered only after
the applicant for an antenna or antenna tower has to the
fullest extent practicable, demonstrated to the Village
Council that all existing structures either will not
accommodate an antenna installation or are not available
for an antenna or antenna tower installation. If an
antenna or antenna tower cannot be located on any
existing structure without unreasonably compromising the
antenna tower's signal reception or transmission
capability or unreasonably compromise the communication
system's capability, the Village Council will next
consider, in the following order of preference,
alternative properties and zoning districts:
1)
2)
3)
4)
5)
• 6)
C-2, General Commercial District
COS, Conservation and Open Space District
P, Public District
C-1, Neighborhood Commercial District or
C-3 Regional Business District
CA, CB or C1A, Restricted or Limited
Commercial District
R3, Apartment Dwelling District
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C.
Alternative properties and zoning districts may only
be considered after it hae been demonstrated that an
antenna tower cannot be located on any higher preferred
property or zoning district.
The Village Council shall act to approve the tower/
antenna location by Special Exception. Upon the granting
of a Special Exception for location, the Application will
be remanded to the Village Planning Commission for
approval in accordance with Article III of Chapter 6 of
the Village Code of Ordinances.
c) In no case may a tower/antenna installation
height exceed more than 20 feet above the maximum height
allowed by this code.
3. Any applicant requesting antenna tower location
approval is required to accommodate antenna facilities of
other providers (co-location), on a nondiscriminating
basis, to avoid duplication of the erection of such
towers or provide verifiable objective data, why it
cannot do so. Moreover, it will be presumed that if a
proposed site is within one-half mile of an existing
antenna tower that can reasonably accommodate the
applicant's antenna, a denial of the application would
not result in an unreasonable compromise to the
applicant's communication system capability or an
unreasonable compromise to the antenna tower's reception
or transmission capability.
4. The applicant must to the fullest extent
practicable, demonstrate to the Village that the antenna
tower and accessory equipment buildings will be screened
from view by architectural features, landscaping,
existing natural vegetation, or will be aesthetically
designed to blend into and harmonize with the area or
location surrounding the antenna or antenna tower site
in accordance with the Village of North Palm Beach
Appearance Plan.
5. Antenna or antenna towers shall not be
artificially lighted except as required for public safety
purposes, or by the Federal Aviation Administration
(FAA). Signage shall not be allowed except as required
for public safety purposes, or by the Federal
Communications Commission (FCC).
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6. To the extent not in conflict with the provisions
described above, any proposed antenna or tower or
accessory equipment building will be subject to all
applicable Village Codes and Regulations."
Section 2. Section 45-2 (Definitions) of Article I of
Appendix C-Zoning of the Code of Ordinances of the Village is
hereby amended by addition definitions for "antenna" and "antenna
tower" and to read as follows:
"ANTENNA is a transmitting or receiving device used in
communications that radiates or captures electromagnetic
waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications
signals or other communication signals. (See Antenna
Tower for applicable regulations).
ANTENNA TOWER is a guyed, monopole or self-supporting
structure, whether free standing or attached to another
structure, containing one or more antennas intended
for transmitting or receiving television, AM/FM radio,
• digital, microwave, cellular, telephone or similar
form of electronic communication."
Section 3. Subsection A of Section 45-36 (General
Provisions) of Article III of Appendix C-Zoning of the Code of
Ordinances of the Village is hereby amended to read as follows:
"Section 45-36 General Provisions.
A. Chimneys, water tanks, radio or television
towers, telecommunication antenna/towers,
church spires, elevator lofts, flagpoles and
parapet walls may be erected above the height
limits herein established."
Section 4. Subsection M of Section 45-36 (General
Provisions) of Article III of Appendix C-Zoning of the Code of
Ordinances of the Village is hereby amended to read as follows:
"M. Building height regulations.
(1) Within the area of the Village of North Palm
Beach which lies north of the Intracoastal
Waterway and west of U.S. Highway No. 1, no
building or structure shall exceed sixteen (16)
stories or one hundred sixty (160) feet.
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(2) Within the area of the Village of North Palm
Beach which lies north of the Intracoastal
Waterway and east of U.S. Highway No. 1, no
building or structure shall exceed twenty-
two (22) stories or two hundred twenty (220)
feet.
(3) Within the area of the Village of North Palm
Beach which lies south of the Intracoastal
Waterway and east of U.S. highway No. 1, no
building or structure shall exceed four (4)
stories or forty (40) feet.
(4) Within the area of the Village of North Palm
Beach which lies south and west of the Intra-
coastal Waterway and west of U.S. highway No. 1,
no building or structure shall exceed four (4)
stories or forty (40) feet."
Section 5. If any section, paragraph, sentence, clause,
phrase or word of this Ordinance is for any reason held by a Court
r to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of this Ordinance.
Section 6 All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 7 This Ordinance shall take effect immediately
upon passage.
PLACED ON FIRST READING THIS 13th DAY OF FEBRUARY 1997.
PLACED ON PUBLIC HEARING THIS ~,~ DAY OF FERRIARY 1997.
PLACED ON SECOND, FINAL READING AND PASSED THIS 27th DAY OF
FEBRUARY 1997.
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(VILLAGE SEAL)
MAYOR
ATTEST:
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VILLAGE CLERK
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