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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 .. k ~k 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). 3 (V ~. c 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. 4 (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. • 5 (VILLAGE SEAL) MAYOR ATTEST: ~ ~~_ VILLAGE CLERK •