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HomeMy WebLinkAboutOrdinance 98-33 ORDINANCE NO. 98- 33 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING A CODE SECTION ENTITLED "WIRELESS COMMUNICATION TOWERS AND ANTENNAS" TO PROVIDE A PURPOSE, DEFINITIONS, REGULATIONS. FOR LOCATION OF ANTENNAS AND COMMUNICATION TOWERS; TO PROVIDE GENERAL REQUIREMENTS AND MINIMUM STANDARDS, DIMENSIONS AND - LIMITATIONS FOR ANTENNAS; BANNING COMMUNICATION TOWERS IN GENERAL UNLESS EVIDENCE IS PRESENTED THAT SERVICE CANNOT BE PROVIDED THROUGH THE USE OF ANTENNAE AND IN SUCH CASE, TO PROVIDE MINIMUM STANDARDS FOR COMMUNICATION TOWERS, COMPLIANCE WITH FEDERAL COMMUNICATIONS COMMISSION EMISSIONS STANDARDS, LANDSCAPING, WARNING SIGNS AND PROHIBITION OF ON-SITE STORAGE EQUIPMENT; TO PROVIDE MINIMUM SETBACKS FOR COMMUNICATION TOWERS; TO PROVIDE FOR SHARED USE, STEALTH FACILITIES AND "MICROCEL PCS"; TO GOVERN AESTHETICS; TO PROVIDE MINIMUM SETBACK AND SIZE LIMITATIONS FOR UNMANNED COMMUNICA TION BUILDINGS; TO PROVIDE REGULATIONS FOR THE ISSUANCE AND REVIEW OF PERMITS, INCLUDING FACTORS TO BE CONSIDERED IN APPROVAL AND DENIAL OF PERMITS; TO PROVIDE FOR CO- LOCATION AND STANDARDS FOR THE INSTALLATION AND MODIFICA TION OF ANTENNAS; TO PROVIDE PERIODIC INSPECTIONS AND REGULA TIONS AND EXEMPTION FOR ANTENNAS LOCATED ON MUNICIPAL PROPERTY; PROVIDING FOR PROTECTION FOR RESIDENTS; AND TO ALLOW FOR WNING V ARIANCES/CHANGES FROM REGULATIONS SET FORTH HEREIN; PROVIDING FOR EXCEPTIONS TO APPLICABILITY; PROVIDING FOR REMOVAL OF ABANDONED FACILITIES AND NONCONFORMING USES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLA TION HEREOF; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Congress of the United States adopted the Telecommunications Act of 1996, providing federal regulation of wireless telecommunications, a technology of wireless voice, video and data communications systems rapidly became available, requiring land use facilities that impact planning and zoning concerns in the City and throughout the United States; and Wireless Telecommunications Ord. 1 WHEREAS, the City finds that it is in the public interest to ban the use of towers but to permit the siting of antennas within the municipal boundaries; and WHEREAS, the City has received and expects to receive additional requests from telecommunications service providers to site wireless telecommunications antennas within the municipal boundaries and is authorized by federal, state and local law to regulate the siting of such antennas; and WHEREAS, it is the intent of the City to provide reasonable accommodation to, and to promote and encourage fair and reasonable competition among telecommunications service providers or providers of functionally equivalent services on a neutral and non-discriminatory basis; and WHEREAS, the purpose and intent of this Ordinance is to establish appropriate locations in priority order of use, and, further, to develop the requirements and standards to permit the siting of wireless antennas within the municipal boundaries, with due consideration to the City's master plan, zoning map, existing land uses and environmentally sensitive areas, including hurricane preparedness areas; and WHEREAS, through these regulated standards, it is the intent of the City to protect and promote the health, safety and general welfare of its citizens and residents therein, the traveling public, and others in such manner that disallows towers because of the City's location in a coastal high hazard flood area prone to high winds and tide, but to allow antennae to be mounted on buildings and that will minimize the adverse visual impact and other potential damage by these facilities by encouraging co-location and shared use of new and pre-existing telecommunications facilities, through incentives, careful design, engineering siting, landscape screening and innovative camouflaging techniques; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Title. This Ordinance shall be entitled "WIRELESS TELECOMMUNICATIONS ANTENNAS ORDINANCE," and shall be an amendment of the City's Code of Ordinances. Section 2. Pur,pose. (a) The regulations and requirements set. forth herein are intended to accomplish the following purposes: (1) Provide for the appropriate location and development of antennae within municipal limits; Wireless Telecommunications Ord. 2 (2) Minimize adverse visual effects of communications and antennae through careful design, siting, landscape screening and innovative techniques of camouflage; and (3) Encourage collation or shared use to reduce the number of communication antennae needed within municipal limits. (4) Protect and promote the public health, safety and welfare of the residents of the City of Sunny Isles Beach. (5) Enhance the ability of providers of telecommunications services to do so through an efficient and timely application process. (6) Limit the provision of telecommunication facilities to antennae mountings to avoid the potential hazards of free standing tower structures and in coastal high hazard flood area. (b) In furtherance of these goals, the City shall at all times give due consideration to the City's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas, including hurricane preparedness areas, and/approving sites for the location of towers and antennas. Section 3. Definitions. Antenna as used herein shall mean a transmitting and/or receiving device used in telecommunications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communication signals, including directional antennae, such as panel and microwave dish antennae, whip and omnidirectional antennae, but excluding radar antennae, amateur radio antennae and satellite earth stations. Communication tower as used herein shall mean a monopole, self-supporting/lattice tower or guyed tower, constructed as a free-standing structure, containing one or more antennae intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication, excluding radar towers, amateur radio support structures and satellite earth stations. Monopole tower as used herein shall mean a free standing communication tower consisting of a single pole or spire supported by a permanent foundation, construction without anchored guy wires. Lattice tower as used herein shall mean a self-supporting communication tower, other than a monopole tower, that is constructed without guy wires and ground anchors. Wireless Telecommunications Ord. 3 Guyed tower as used herein shall mean a communication tower that is supported, in whole or in part, by guy wires and ground anchors. Whip antenna as used herein shall mean a cylindrical antenna that transmits signals in 360 degrees. Microwave dish antenna as used herein shall mean a dish-like antenna used to link communication sites together by wireless transmission of voice or data. Stealth facility as used herein shall mean any telecommunications facility which is designed to blend into the surrounding environment. For examples, architecturally screened roof-mounted antennae, buuding-mounted antennae painted to match the existing structure, antennae integrated into architectural elements, and communication towers designed to look like light poles, power poles, or trees. Section 4. Where Permitted. (a) Antennae. Rooftop or building-mounted antennae may be permitted in the following land use classified areas not to exceed more than fifteen (15) feet above the highest point of the roof, including mechanical rooms. (1) Commercial zoning districts, including BU-l, BU-IA, BU-2,BU- 3. (2) RU-4 and RU-4A zones. (3) Governmental facilities, as approved pursuant to Section 33-303 of the Code of Miami-Dade County, as adopted by the City of Sunny Isles Beach. (b) Communication towers. Communication towers may not be permitted in any zone within the corporate limits of the City as they represent a high hazard within the coastal areas prone to high winds and tides provided, however, if a telecommunications provider can demonstrate by the presentation of evidence to the City Manager, or his designee, that it cannot provide service by use of antennae located within the permitted zone as set forth in Section 4(a), then, and in that event, and provided that telecommunications provider makes application through the variance procedure as set forth in Section 14 below, said communication tower may be allowed in the following districts: (1) Commercial zoning districts, including BU-l, BU-LA, BU-2, BU-3. Wireless Telecommunications Ord. 4 (2) RU-4 and RU-4A zones. (3) Governmental facilities, as approved pursuant to Section 33-303 of the Code of Miami-Dade County, as adopted by the City of Sunny Isles Beach. . Section 5. Antennae. (a) Minimum standards. All building-mounted or rooftop antennas shall be subject to the following minimum standards: (1) Antennae, and related equipment buildings, shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which it is situated. Antennae shall not be visible from the street at a distance of up to 600 feet. (2) No commercial advertising or logo shall be allowed on an antenna, tower or related equipment buildings. (3) No signals, light, or illumination shall be permitted on an antenna, tower, or related equipment buildings, unless required by the Federal Communications Commission or the Federal Aviation Administration. (b) Dimensions. (1) Whip and Omni-Directional antennae and their supports must not exceed fifteen (15) feet in height and thirteen (13) inches in diameter and must be constructed of a material or color which matches the exterior of the building. (2) Microwave dish antennas located. below sixty-five (65) feet above the ground may not exceed six (6) feet in diameter. Microwave dish antennas located sixty-five (65) feet and higher above the ground may not exceed eight (8) feet in diameter. Ground-mounted dish antennae must be located or screened so. as not to be visible from abutting public streets. (c) Limitations. No more than four (4) dish antennae shall be installed on a Wireless Telecommunications Ord. 5 monopole tower. Section 6. Communication towers. (a) Minimum standards. In the event a telecommunication provider presents evidence to the City Manager that it cannot provide service by use of antennae and can only utilize a communication tower as set forth in Section 4(b) above, and, in the event that provider proceeds through the variance process as set forth in Section 14 below and is granted such a variance, the communication tower, unless the City Commission allows otherwise a variance shall be subject to the following minimum standards: (1) Height. The height of a communication tower shall not exceed one hundred fifty (150) feet, provided that all antennae and supplemental safety appurtenances shall not exceed an additional ten (10) feet in height. Tower height shall be measured from the crown of the road of the nearest public street. (2) Type. All communication towers shall be designed and constructed with the capability of supporting a minimum of two (2) co- location connections. (3) Aircraft hazard. Communication towers or antennas shall be approved by the Federal Aviation Administration (FAA), Dade County Aviation Authority or other appropriate agency prior to issuance of a building permit by the City. (4) FCC emissions standards. All proposed communication towers shall comply with current radio frequency emissions standards of the Federal Communications Commission. (5) Landscaping. All communication tower sites must comply with the landscaping requirements of the Metropolitan Dade County Landscaping Code and Manuals, as amended. i. Landscaping, consistent with the requirements of the Metropolitan Dade County landscaping Code and Manuals, as amended, shall be installed around the entire perimeter of the fence or wall. Additional landscaping may be required around the perimeter of the fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties. The building official, upon site plan review, may require Wireless Telecommunications Ord. 6 landscaping in excess of the above requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses. Landscaping shall be installed on the outside of the perimeter wall. ii. Landscaping, consistent with the requirements of the Metropolitan Dade County Landscaping Code and Manuals, as amended, shall be installed around any accessory buildings or structures. 111. A row of shade trees, at least eight (8) feet in height, at a maximum distance of ten (10) feet apart, shall be planted around the perimeter of the fence. iv. A continuous hedge at least thirty (30) inches in height at planting and capable of growing to a height of diirty-six (36) inches within eighteen (18) months shall be planted on the outside of the perimeter fence and tree line. v. All landscaping shall be properly maintained to insure good health and viability. (6) Warning signs for high voltage and trespassing. i. If high voltage is necessary for the operation of the communication tower or any accessory structures, "HIGH VOLT AGE- DANGER" warning signs shall be permanently attached to the fence or wall and spaced no more than forty (40) feet apart. ii. "NO TRESPASSING" warning signs shall be permanently attached to the fence Of" wall and spaced no more than forty (40) feet apart. 111. The height of the lettering of the warning signs shall be at least twelve (12) inches in height. The warning signs shall be installed at least five (5) feet above the finished grade. Wireless Telecommunications Ord. 7 iv. The warning signs may be attached to free standing poles if the content of the signs may be obstructed by landscaping. v. Apart from warning signs, no signs, including commercial advertisement or logo and political signs or banners posted temporarily shall be allowed on any part of an antenna or tower. (7) Equipment Storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the communication tower, unless repairs to the tower are being made. (b) Minimum setbacks. The minimum setbacks shall conform to the zoning districts where the towers are situated. Notwithstanding the above, the minimum setback requirements for property zoned industrial shall be twenty-five (25) feet for the rear yard and front yard and fifteen (15) feet for the side yards, as measured from base of the tower or from the guy wire anchor, whichever is the closest to the property line or right-of-way. (c) Shared use of communication antennae/stealth facilitiesIMicrocel pes. To Inlmmize adverse visual impacts associated with the proliferation and clustering of communication towers, the City may deny an application for a new single-use communication tower if an available collocation is feasible. (1) Pursuant to the intent of this Ordinance, co-location of telecommunication antennae by more than one provider on an existing or new telecommunication tower shall take precedence over construction of new single use telecommunication towers. Accordingly, each application for telecommunication tower shall include a certified, written evaluation of the feasibility of sharing a telecommunication tower, if an appropriate telecommunication tower is available in accordance with Section 9(c)(4) hereinbelow. (2) Stealth facilities shall also be encouraged and given priority as to antenna types in order to carry out the intent of this Section to minimize adverse visual impacts. (3) Cable based "Microcel PCS" which uses cable systems and no towers to provide telecommunication services shall also be encouraged and given priority. Section 7. Aesthetics. Wireless Telecommunications Ord. 8 (a) Towers, to the extent they are permitted in this Ordinance, and antennae shall meet the following requirements: (1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the F.A.A., be painted a neutral color so as to reduce visual obtrusiveness, except as set forth below. (2) 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 to minimize the visual impact. All tower sites must comply with any landscaping requirements of the City Code and requirements of the City, and the City may require landscaping in excess of any written requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and non-residential land uses. All landscaping shall be properly maintained to ensure good health and viability at the owners expense. Well-designed stealth facilities are encouraged. Section 8. Un-manned Communication Buildings. (a) Minimum setbacks. Unmanned conununication buildings shall comply with the setback requirements of the zoning district where such buildings are situated. (b) Size limitations. An um-nanned communication building shall be a permanent structure not to exceed 500 square feet in floor area. More than one umnanned communication building may be permitted on a site; provided, however, that the total square footage of such buildings, added together, do not exceed 1,000 square feet. If the site contains more than one building, the required distance separation between the buildings may be excused. Section 9. Permits. ( a) Fees. A non-refundable fee in the amount of $1 ,500 to reimburse the City for its review and processing of the application shall be required. Additionally, in connection with the issuance of a building permit for the installation of antennae and conununication towers, a fee, as set forth in the City Code, shall also be charged for construction inspections to insure compliance with all applicable codes. (b) Factors Considered in Granting Permits for Towers. To the extent they are permitted in this Ordinance, and in addition to any standards for consideration of permit applications pursuant to the City's Code of Ordinances, including the Zoning Code, the City shall Wireless Telecommunications Ord. 9 consider the following factors in determining whether to issue a permit, although the City may waive or reduce the burden on the applicant of one or more of these criteria if the goals of this Ordinance are better served thereby: 1. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 6( d) of this Ordinance; 2. Height of the proposed tower; 3. Proximity of the tower to residential structures and residential district boundaries; 4. Nature of uses on adjacent and nearby properties; 5. Surrounding topography; 6. Surrounding tree coverage and foliage; 7. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; 8. Proposed ingress and egress; 9. Danger caused by high winds and tides in the coastal high hazard flood area. (c) Permit applications. A permit application shall be fully completed and accompanied by the following: (1) Current survey of the property. (2) Description of the telecommunications services currently provided and/or will be provided in the future by the applicant over its telecommunications facilities. (3) Two (2) copies of engineering plans and specifications of the facilities in sufficient detail to identify: Wireless Telecommunications Ord. 10 i. Location of the proposed facilities. ii. Location of all overhead and underground public utility, teleconununication, cable, water, sewer, drainage and other facilities. iii. T r e e s, s t rue t u res , improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate. (4) A certified written evaluation of the feasibility for utilizing antennae facility, and if not possible, reasons and evidence therefor together with a feasibility of sharing a telecommunication tower, if an appropriate telecommunication tower is available. The evaluation shall analyze: I) structural capacity of the tower or towers, 2) radio frequency interference, 3) geographical search area requirements, 4) mechanical or electrical incompatibility; 5) inability or ability to locate equipment on the tower or tower; 6) availability of towers for co-location; 7) any restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the tower, or 8) additional information requested by the City. (5) Written representation by applicant that there has been no objection from federal and state agencies that may regulate telecommunication tower siting, design and construction. (6) A site/landscaping plan showing the specific placement of the communication tower on the site indicating the location of existing structures, trees and other significant site features, type and location of landscaping used to screen the tower and the proposed color of the tower, including analysis of soil samples from the base. Wireless Telecommunications Ord. 11 (7) Notarized statement that applicant shall notify all other telecommunication providers known to applicant and City of the permit application at time application is accepted by the building and zoning department. (8) The description of the suitability of other structures, other structures or alternative technology, not requiring use of a tower or structure to provide the services in accordance with this paragraph. (9) Engineer evaluation on projected radiation, whether standards for "categorical exclusions" are met and if so why including a notarized statement that applicants shall make periodic measurements at least every two (2) years for compliance with FCC rules concerning such emissions. (d) Co-location. Pursuant to the intent of this Ordinance to encourage co- location of telecommunication facilities by service provide Applications submitted by tenants seeking to co-locate on a pre-existing tower or antennae structure, or to rent space on a proposed new tower, shall receive an expedited review in the application process by the City. Such review shall be completed thirty (30) days following the filing of a completed application as provided in this Ordinance. Section 10. Installation. (a) The installation and modification of a communication tower if permitted hereunder and communication antenna shall be in accordance with the manufacturer's prescribed installation and safety procedures, shall meet the requirements of the South Florida Building Code, as amended, and shall be subject to the supervision of the City. (b) Foundations for communication towers and appurtenances thereto shall be, constructed and installed so as to withstand the forces due to wind pressure as provided in the South Florida Building Code, as amended. (c) All such installation shall conform to the South Florida Building Code, as amended, National Electrical Code, as amended and F.A.A and F.C.C. regulations, as amended. If such applicable standards require retroactive application, then the owners of the towers and antennae governed this Ordinance shall bring such towers, if permitted, and antennae into compliance with the revised standards and regulations within six (6) months of the effective date of such standards, unless a different compliance schedule is mandated by the controlling state or Wireless Telecommunications Ord. 12 federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for removal. (d) Regardless of whether a permit is required for the installation of the communication tower, separate building permits for structural or electrical work, pouring concrete or other work may be required as provided in the South Florida Building Code, as amended. Section 11. Inspection. The building and zoning department may require periodic inspections of communication towers and antennae to ensure structural and electrical integrity and compliance with the South Florida Building Code, as amended, the City of Sunny Isles Beach Code, as may be developed, and other applicable codes and regulations. Communication monopole towers shall be inspected once every five (5) years. All other towers shall be inspected once every two (2) years by a Florida licensed engineer and the results shall certify structural and electrical integrity to be submitted to the building and zoning department. Based upon the results of the inspection, the building official may require repair or removal of a communication tower. Section 12. Apj>eal. (a) City Commission. If a permit is denied by the building official for noncompliance with Section 9(b) provided herein above, then the applicant may appeal the decision to the City Commission which shall then consider the permit application at a public meeting. (b) Factors to be considered. If a permit is denied, or conditions imposed, then the City Commission shall consider the action taken upon review of the following factors: (1) Reasons for denial by the Planning and Zoning Board. (2) The technical and practical necessity for the installation of the communication tower. (3) Alternative measures or modifications that could be made to preserve the character of the neighborhood and to prevent aesthetic. blight if installation were permitted. Section 13. Municipal property. (a) Lease. If an applicant requests a permit to develop a site on city-owned property, the permit granted hereunder shall not become effective until the applicant and the City Wireless Telecommunications Ord. 13 have executed a written agreement or lease setting forth the particular terms and provisions under which the permit to occupy and use the public lands of the City will be granted. (1) Indemnification. The City shall not enter into any lease agreement or otherwise authorize tower and/or antenna siting by any telecommunications service provider until and unless the City obtains an adequate indemnity from such provider. The indemnity may except gross negligence or intentional misconduct on the part of the City, but must at least: i. Release the City from and against any and all liability and responsibility in or arising out of the construction, operation or repair of the communications facility. Each communications facility operator must further agree not to sue or seek any money or damages from the City in connection with the abovementioned matters; ii. Indemnify and hold harmless the City, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from or of each communications facility operator, or its agents, employees, or servants negligent acts, errors, or omissions. lll. Provide that the covenants and representations relating to the indemnification provision shall Wireless Telecommunications Ord. 14 survive the term of any agreement and continue in full force and effect as to the party's responsibility to indemnify. (2) Insurance. The City may not enter into any lease agreement, or otherwise authorize tower, if permitted, and/or antenna site by any telecommunications service provider until and unless the City obtains assurance that such operator (and those acting on its behalf) have adequate insurance. At a minimum, the following requirements must be satisfied: 1. A telecommunications facility operator shall not commence construction or operation of the facility without obtaining all insurance required under this section and approval of such insurance by the City Manager of the City, nor shall a communications facility operator allow any contractor or subcontractor to commence work on its contract or sub-contract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the communications facility is in existence. If the operator, its contractors or subcontractors do not have the required insurance, the City may order such entities to stop operations until the insurance is obtained and approved. ii. Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the City Manager. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. lll. These certificates shall contain a provision that coverage afforded under tlaese policies will not be canceled until at east thirty days (30) prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Wireless Telecommunications Ord. 15 v. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the lease agreement with the City, then in that event, the communications facility operator shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period. (b) Non-exclusive grant. No permit granted under this Section 13 shall convey any exclusive right, privilege, permit or franchise to occupy or use the public lands of the City for delivery of telecommunications services or any other purpose. (c) Rights granted. No permit granted under this section shall convey any right, title or interest in the public lands but shall be deemed a permit only to use and occupy the public lands for the limited purposes and term stated in the grant. Further, no permit shall be construed as a conveyance of a title interestin the property. (d) Exemption. Government-owned property is exempt from the distance separation and height requirements set forth herein. Section 14. Variances. Any deviation of the location, setback, type, number and height limitations shall require a zoning variance (hardship standard to be applied) and application for such variance shall be made pursuant to the established procedures for same. Notwithstanding the foregoing, any change of location outside a permitted zone, shall require applicant to file a zoning application for a district boundary change pursuant to established procedures for same. Section 15. Inapplicability to broadcasting facilities/amateur radio station operator/receiver only antenna/preexisting towers or antennas. This Ordinance shall not apply to: (a) Amateur radio. Any tower or the installation of any antenna that is for the use of a broadcasting facility, or is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. (b) Pre-existing facilities. Pre-existing towers and pre-existing antennae shall not be required to meet the requirements of this Ordinance, except that the construction, operation and repair of such facility shall be performed in compliance with all laws, ordinances, departmental rules and regulations and practices, and all telecommunications towers and antennas shall meet and exceed current standards, regulations of the F.A.A., F.C.C. and other agencies of the local, Wireless Telecommunications Ord. 16 state or federal government with authority to regulate towers and antennas. Section 16. Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within the ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense. Alternatively, the City Manager may require a removal bond from the owner. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. Section 17. Non-conforming Uses. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this Ordinance shall not be deemed to constitute the expansion of a non-conforming use or structure. Section 18. Penalties. Any person, firm or corporation convicted of violating the provisions of this ordinance shall be punished by a fine, not exceeding $500.00, or by a jail sentence, not exceeding sixty (60) days, or both, in the discretion of the Court. Section 19. Repeal of Ordinances in Conflict. Upon adoption of this Ordinance, Ordinance No. _, previously adopted on this matter, shall be repealed in its entirety. Section 20. Inclusion in Code. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the City of Sunny Isles Beach, as an addition or amendment thereto, and the sections of this ordinance shall be renumbered to conform to the uniform numbering system of the Code. Section 21. Severability Clause. If any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the judgment or decree of a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance. Section 22. Effective Date. This Ordinance shall become effective when passed by the City Commission of the City of Sunny Isles Beach, Florida and signed by the Mayor of the City of Sunny Isles Beach, Florida. PASSED AND ADOPTED on first reading the I-tk day of April, 1998. PASSED AND ADOPTED on second reading this 23 ,.d. da of , 1998. Wireless Telecommunications Ord. 17 ATTEST: ~~tUA ~- W1~ L1~ Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Vote: .. "., "~''''', . . '}.. L '. '"': .... r' .~. /. ~ ... i' ,'.; ~ ...t~ ".p.... " . . ~ 1, Motion on second reading by: Second on second reading by: Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow Wireless ~~lecommU~icatiorrs Ord. . . ' . . v(yes) c/ (yes) \7' (yes) ~yes) _(yes) 18 ~~iOWV~ ~,~ _(no) _(no) _(no) _(no) _(no)