HomeMy WebLinkAboutOrdinance No. 08-19971
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ORDINANCE NO. 08-97
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, ESTABLISHING CODE
SECTION 110 -482 ENTITLED "WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS";
PROVIDING DEFINITIONS; PROVIDING FOR PERMITTED
LOCATIONS; PROVIDING CONDITIONS FOR PERMITTED
USES, ACCESSORY USES, AND SPECIAL EXCEPTIONS;
AND PROVIDING FOR PERMITS AND LEASE
AGREEMENTS; AND AMENDING SECTION 110 -354,
SPECIAL EXCEPTIONS PERMISSIBLE BY THE BOARD OF
ADJUSTMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Federal Government, through the Federal Communications Commission
(FCC), has issued wireless communication licenses for personal communication services and other
wireless technologies in order for those license holders to provide wireless services throughout the
United States of America; and
WHEREAS, the demand by citizens for new wireless communications services has produced
an increased need for installations of wireless antennas and wireless communications facilities to serve
the public, including the citizens in the City of Cape Canaveral; and
WHEREAS, wireless communications facilities are supportive of the public health, safety and
welfare in that they provide useful portable communications services for personal convenience,
business and emergency purposes; and
WHEREAS, the FCC has required license holders to provide coverage to areas where
wireless communications licenses have been acquired; and
WHEREAS, the Federal Telecommunications Act of 1996 ( "Act ") preserves local zoning
authority to regulate wireless communication facilities; provided, however, that the Act states the
government may not unreasonably discriminate among wireless communications providers that
compete against one another and that government may not prohibit or have the effect of prohibiting
the provision of wireless communication services, and the Act gives the FCC sole jurisdiction over
radio frequency emissions of wireless communications facilities so long as the wireless
communications facilities meet FCC standards therefore; and
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WHEREAS, additional wireless communications facilities may be required to provide quality
communication services to meet the growing needs of the public and businesses for wireless
communication; and
WHEREAS, wireless communications facilities should be reasonably regulated to minimize
potential aesthetic impacts to the surrounding area; and
WHEREAS, there is a need for new provisions in the zoning code to address the sitting of
wireless communications facilities; and
WHEREAS, the City of Cape Canaveral has received or expects to receive requests to site
wireless communications towers and antennas within its municipal boundaries; and
WHEREAS, the City Council of the City of Cape Canaveral finds that it is in the public
interest to permit the siting of wireless communications towers and antennas within the municipal
boundaries of Cape Canaveral; and
WHEREAS, it is the intent of the City of Cape Canaveral to permit the siting of wireless
communications towers and antennas within the municipal boundaries of City of Cape Canaveral, as
lawfully regulated herein; and
WHEREAS, it is the intent of the City of Cape Canaveral to protect and promote the public
health, safety and welfare by regulating the siting of wireless communications towers and antennas.
NOW, THEREFORE, BE IT ORDAINED BY '1'I1L CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 110 -354, Special Exceptions Permissible by Board of Adjustment,
of the Code of Ordinances is amended by amending subparagraph (c) to add new clause (15) as
follows:
110- 354(c) Special exceptions may be granted for the following:...
(15) Telecommunications towers, subject to the provisions
of Section 110 -482.
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SECTION 2. Section 110 - 354(15) is hereby established and added to the City of Cape
Canaveral Code of Ordinances as follows:
1. Purpose. The purpose of this Ordinance is to establish general guidelines for the
siting of wireless communications towers and antennas. The goals of this ordinance are to: (1)
protect residential areas and land uses from potential adverse impacts of towers and antennas; (2)
restrict the location of towers to non - residential areas; (3) minimize the total number of towers
throughout the community; (4) strongly encourage the joint use of new and existing tower sites as
a primary option rather than construction of additional single -use towers; (5) encourage users of
towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the
community is minimal; (6) encourage users of towers and antennas to configure them in a way that
minimizes the adverse visual impact of the towers and antennas through careful design, siting,
landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers
of telecommunications services to provide such services to the community quickly, effectively, and
efficiently; (8) consider the public health and safety and welfare and the safety of communication
towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering
and careful siting of tower structures. In furtherance of these goals, the City of Cape Canaveral shall
give due consideration to the regulations of this Ordinance, the City of Cape Canaveral's
comprehensive plan, zoning map and regulations, existing land uses, and environmentally sensitive
areas in approving sites for the location of towers and antennas.
2. Definitions. As used in this Ordinance, the following terms shall have the meanings
set forth below:
(a) "Alternative tower structure" means 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.
(b) "Antenna" means any exterior transmitting or receiving device mounted on a
tower, building or structure and used in communications that radiate or
capture electromagnetic waves, digital signals, analog signals, radio
frequencies (excluding radar signals), wireless telecommunications signals or
other communication signals.
(c) "Backhaul network" means the lines that connect a provider's towers /cell sites
to one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
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(d) "Collocation" means the location of two or more antennas on a single tower
or structure.
"FAA" means the Federal Aviation Administration.
"FCC" means the Federal Communications Commission.
"Height" means, when referring to a tower or antenna, the distance measured
from the finished grade of the parcel to the highest point on the tower or
antenna, including the base pad and any antenna.
(h) "Nonconforming towers and nonconforming antennas" means any tower or
antenna for which a building permit, special exception, or other development
order has been properly issued by the City prior to the effective date of this
Ordinance, including permitted towers or antennas that have not yet been
constructed so long as such approval is current and not expired.
(i)
"Personal Communication Services" is a relatively new technology of wireless
voice, video and data communication systems which are licensed by the
Federal Communications Commission over two new frequency bans as
defined in the Federal Telecommunications Act of 1996.
(j) "Tower" means any structure that is designed and constructed primarily for
the purpose of supporting one or more antennas for telephone, radio and
similar communication purposes, including self-supporting lattice towers,
guyed towers, or monopole towers. The term includes radio and television
transmission towers, microwave towers, common - carrier towers, cellular
telephone towers, alternative tower structures, and the like. The term
includes the structure and any support and appurtenances thereto.
(k) "Wireless Communication" is the transmission and reception of voice, data or
video transmission via radio frequency (RF) signals through electromagnetic
energy.
3. Applicability.
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(a) New Towers and Antennas. All new towers or antennas in Cape Canaveral
shall be subject to these regulations, except as provided in paragraphs 3(b)
through (e), inclusive.
(b) Amateur Radio Station Operators/Receive Only Antennas. This Ordinance
shall not govern any tower, or the installation of any antenna, that is under
seventy (70) feet in height and is owned and operated by a federally - licensed
amateur radio station operator or is used exclusively for receive only antennas.
(c) Nonconforming Towers or Antennas. Nonconforming towers and
nonconforming antennas shall not be required to meet the requirements of this
Ordinance, other than the requirements of paragraphs 4(f) and 4(g).
(d) AM Array. For purposes of implementing this Ordinance, an AM array,
consisting of one or more tower units and supporting ground system which
functions as one AM broadcasting antenna, shall be considered one tower.
Measurements for setbacks and separation distances shall be measured from
the outer perimeter of the towers included in the AM array. Additional tower
units may be added within the perimeter of the AM array by right. For
purposes hereunder, AM or amplitude modulation shall be defined as the
encoding of a carrier wave by variation of its amplitude in accordance with an
input signal.
(e) Residential Use Antennas. This Ordinance shall not govern the installation of
television satellite antennas or other antennas used solely in conjunction with
residential use as defined and regulated by Section 110 -478 of the Code of
Ordinances of the City of Cape Canaveral, Florida.
4. General Requirements.
(a) Principal or Accessory Use. Antennas and towers may be considered either
principal or accessory uses. A different existing use of an existing structure
on the same lot shall not preclude the installation of an antenna or tower on
such lot.
(b)
Lot Size. For purposes of determining whether the installation of a tower or
antenna complies with zoning district development regulations, including but
not limited to setback requirements, lot- coverage requirements, and other
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such requirements, the dimensions of the entire lot shall control, even though
the antennas or towers may be located on leased parcels within such lot.
(c) Inventory of Existing Sites. Each applicant for an antenna and/or tower shall
provide to the Building Official an inventory of its existing towers, antennas,
or sites approved for towers or antennas, that are either within the jurisdiction
of the City of Cape Canaveral or within one mile of the border thereof
including specific information about the location, height, and design of each
tower. The Building Official may share such information with other applicants
applying for administrative approvals or special exceptions under this
ordinance or other organizations seeking to locate antennas within the
jurisdiction of Cape Canaveral, provided, however that the Building Official
is not, by sharing such information, in any way representing or warranting that
such sites are available or suitable.
(d) Aesthetics. Towers and antennas shall meet the following requirements:
(1) Towers shall either maintain a galvanized steel finish or, subject to any
applicable standards of the FAA, be painted a neutral color so as to
reduce visual obtrusiveness.
(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.
(3)
If an antenna is installed on a structure other than a tower, the antenna
and supporting electrical and mechanical equipment must be of 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) Lighting. Towers shall not be artificially lighted, unless required by the FAA
or other applicable authority. If lighting is required, the lighting alternatives
and design chosen must cause the least disturbance to the surrounding views.
(f) 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
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(g)
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 ordinance shall bring such towers
and antennas into compliance with such revised standards and regulations
within six (6) 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.
Building Codes; Safety Standards. To ensure the structural integrity of
towers, the owner of a tower shall ensure that it is maintained in compliance
with standards contained in applicable state or local building codes and the
applicable standards for towers that are published by the Electronic Industries
Association, as amended from time to time. If, upon inspection, the City of
Cape Canaveral concludes that a tower fails to comply with such codes and
standards and constitutes a danger to persons or property, then upon notice
being provided to the owner of the tower, the owner shall have thirty (30)
days to bring such tower into compliance with such standards. Failure to
bring such tower into compliance within said thirty (30) days shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
(h) Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in Cape Canaveral
irrespective of municipal and county jurisdictional boundaries.
(i) Not Essential Services. Towers and antennas shall be regulated and permitted
pursuant to this ordinance and shall not be regulated or permitted as essential
services, public utilities, or private utilities.
(j) Franchises. Owners and/or operators of towers or antennas shall certify that
all franchises required by law for the construction and/or operation of a
wireless communication system in Cape Canaveral have been obtained and
shall file a copy of all required franchises with the Building Official prior to
issuance of a building permit.
(k) Public Notice. For purposes of this ordinance, any special exception request,
variance request, or appeal of an administratively approved use shall require
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public notice to all abutting property owners and all property owners of
properties that are located within the corresponding separation distance listed
in paragraph 7(b)(5)(ii), Table 2, in addition to any notice otherwise required
by local and state law.
Signs. No signs as defined in Section 94 -1 shall be allowed on an antenna or
tower.
Buildings and Support Equipment. Buildings and support equipment
associated with antennas or towers shall comply with the requirements of
section 8.
Multiple Antenna/Tower Plan. Cape Canaveral encourages the users of
towers and antennas to submit a single application for approval of multiple
towers and/or antenna sites. Applications for approval of multiple sites shall
be given priority in the review process.
(o) Height of Towers. The maximum height of any tower to be constructed in the
City of Cape Canaveral shall be two hundred thirty feet (230), provided,
however, said tower may be increased in height only once pursuant to
Paragraph 6.(b)(1)(b)(li) hereof.
5. Permitted Uses.
(a) General. The uses listed in this Paragraph are deemed to be permitted uses
and shall not require administrative approval or a special exception.
(b) Permitted Uses. The following uses are specifically permitted:
Antennas or towers located on property owned, leased, or otherwise
controlled by the City of Cape Canaveral provided a license, lease, or approval
authorizing such antenna or tower has been approved by the City Council of
Cape Canaveral.
6. Administratively Approved Uses.
(a) General. The following provisions shall govern the issuance of administrative
approvals by the Building Official for towers and antennas.
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(b)
(1) The Building Official may administratively approve the uses listed in
this paragraph 6.
(2) Each applicant for administrative approval shall apply to the Building
Official providing the information set forth in Sections 7(b)(1) and
7(b)(3) of this ordinance and a nonrefundable fee as established by the
City Council to reimburse Cape Canaveral for the costs of reviewing
the application.
(3)
The Building Official shall review the application for administrative
approval and determine if the proposed use complies with Sections 4,
7(b)(4) and 7(b)(5) of this Ordinance.
(4) The Building Official shall respond to each such application within
sixty (60) days after receiving a fully completed application by either
approving or denying the application. If the Building Official fails to
respond to the applicant within said sixty (60) days, then the
application shall be deemed to be approved.
In connection with any such administrative approval, the Building
Official may, in order to encourage shared use, administratively waive
any zoning district setback requirements in Section 7(b)(4) or
separation distances between towers in Section 7(b)(5) by up to fifty
percent (50 %).
(6) In connection with any such administrative approval, the Building
Official may, in order to encourage the use of monopoles,
administratively allow the reconstruction of an existing tower to
monopole construction.
(5)
(7)
If an administrative approval is denied, the applicant shall file an
application for a special exception pursuant to paragraph 7 prior to
filing any appeal that may be available under the Zoning Ordinance.
List of Administratively Approved Uses. The following uses may be approved
by the Building Official after conducting an administrative review:
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(1) Locating antennas on existing structures or towers consistent with the
terms of subparagraphs (a) and (b) below.
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(a) Antennas on existing structures. Any antenna which is not
attached to a tower may be approved by the Building Official
as an accessory use to any commercial, industrial,
professional, institutional, or multi - family structure of eight or
more dwelling units, provided:
The antenna does not extend more than thirty (30) feet
above the highest point of the structure;
The antenna complies with all applicable FCC and
FAA regulations; and
The antenna complies with all applicable building
codes.
(b) Antennas on existing towers. An antenna which is attached to
an existing tower may be approved by the Building Official
and, to minimize adverse visual impacts associated with the
proliferation and clustering of towers, collocation of antennas
by more than one carrier on existing towers shall take
precedence over the construction of new towers, provided
such collocation is accomplished in a manner consistent with
the following:
(i)
A tower which is modified or reconstructed to
accommodate the collocation of an additional antenna
shall be of the same tower type as the existing tower,
unless the Building Official allows reconstruction as a
monopole.
(ii) Height
(a) An existing tower may be modified or rebuilt
to a taller height, not to exceed thirty (30) feet
over the tower's existing height, to
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accommodate the collocation of an additional
antenna.
(b) The height change referred to in subparagraph
(ii)(a) may only occur one time per
communication tower.
(c) The additional height referred to in
subparagraph (ii)(a) shall not require an
additional distance separation as set forth in
paragraph 7. The tower's premodification
height shall be used to calculate such distance
separations.
Onsite location
(a) A tower which is being rebuilt to
accommodate the collocation of an additional
antenna may be moved onsite within fifty (50)
feet of its existing location.
After the tower is rebuilt to accommodate
collocation, only one tower may remain on the
site.
A relocated onsite tower shall continue to be
measured from the original tower location for
purposes of calculating separation distances
between towers pursuant to paragraph 7(b)(5).
The relocation of a tower hereunder shall in
no way be deemed to cause a violation of
paragraph 7(b)(5).
(d) The onsite relocation of a tower which comes
within the separation distances to residential
units or residentially zoned lands as established
in paragraph 7(b)(5) shall only be permitted
when approved by the Building Official.
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(2) Installing a cable microcell network through the use of multiple low -
powered transmitters /receivers attached to existing wireline systems,
such as conventional cable or telephone wires, or similar technology
that does not require the use of towers.
7. Special Exceptions (M -1 Zoning District Only).
(a) General. The following provisions which shall govern the issuance of special
exceptions for towers or antennas:
(1) If the tower or antenna is not a permitted use under paragraph 5 of this
ordinance or permitted to be approved administratively pursuant to
paragraph 6 of this Ordinance, then the construction of a tower or the
placement of an antenna is only permitted on real property with an M-
1 Zoning District designation.
(2) Applications for special exceptions under this paragraph shall be
subject to any applicable procedures and requirements of the Zoning
Ordinance, except as modified in this paragraph.
(3)
In granting a special exception, the Board of Adjustment may impose
conditions to the extent the Board of Adjustment concludes such
conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
(4) Any information of an engineering nature that the applicant submits,
whether civil, mechanical, or electrical, shall be certified by a licensed
professional engineer.
(5)
An applicant for a special exception shall submit the information
described both in this paragraph and Section 110-46 and a
non - refundable fee as established by the City Council to reimburse
Cape Canaveral for the costs of reviewing the application.
(b) Towers.
(1) Information required. In addition to any information required for
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applications for special exceptions pursuant to the Zoning Ordinance,
applicants for a special exception for a tower shall submit the
following information:
(i)
A scaled site plan (no greater than one inch to fifty
feet) 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), Comprehensive Plan
classification of the site and all properties within the
applicable separation distances set forth in paragraph
7(b)(5), adjacent roadways, proposed means of access,
setbacks from property lines, elevation drawings of the
proposed tower and any other structures, topography,
parking, and other information deemed by the Building
Official to be necessary to assess compliance with this
ordinance.
Legal description of the parent tract and leased parcel
(if applicable).
The setback distance between the proposed tower and
the nearest residential unit, platted residentially zoned
properties, and unplatted residentially zoned
properties.
(iv) The separation distance from other towers described
in the inventory of existing sites submitted pursuant to
paragraph 4(c) shall be shown on an updated site plan
or map. The applicant shall also identify the type of
construction of the existing tower(s) and the
owner /operator of the existing tower(s), if known.
(v) A landscape plan showing specific landscape materials.
(vi) Method of fencing, and finished color and, if
applicable, the method of camouflage and illumination.
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(vii) A description of compliance with paragraphs 4(c), (d),
(e), (f), (g), (j), (1), and (m), 7(b)(4), 7(b)(5) and all
applicable federal, state or local laws.
A notarized statement by the applicant as to whether
construction of the tower will accommodate
collocation of additional antennas for future users.
(x)
Identification of the entities providing the backhaul
network for the tower(s) described in the application
and other cellular sites owned or operated by the
applicant in the municipality.
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.
A description of the feasible location(s) of future
towers or antennas within Cape Canaveral based upon
existing physical, engineering, technological or
geographical limitations in the event the proposed
tower is erected.
(2) Factors Considered in Granting Special Exceptions for Towers. In
addition to any standards for consideration of special exception
applications pursuant to the Zoning Ordinance, the Board of
Adjustment shall consider the following factors in determining
whether to issue a special exception, although the Board of
Adjustment may waive or reduce the burden on the applicant of one
or more of these criteria if the Board of Adjustment concludes that the
goals of this ordinance are better served thereby:
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Height of the proposed tower;
Proximity of the tower to residential structures and
residential district boundaries;
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(3)
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Nature of uses on adjacent and nearby properties;
(iv) Surrounding topography;
(v) Surrounding tree coverage and foliage;
(vi) Design of the tower, with particular reference to design
characteristics that have the effect of reducing or
eliminating visual obtrusiveness;
(vii) Proposed ingress and egress; and
(viii) Availability of suitable existing towers, other
structures, or alternative technologies not requiring the
use of towers or structures, as discussed in paragraph
7(b)(3) of this Ordinance.
Availability of Suitable Existing Towers, Other Structures, or
Alternative Technology. No new tower shall be permitted unless the
applicant demonstrates to the reasonable satisfaction of the Board of
Adjustment that no existing tower, structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's a proposed antenna. An applicant shall submit
information requested by the Board of Adjustment related to the
availability of suitable existing towers, other structures or alternative
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:
(i) No existing towers or structures are located within the
geographic area which meet applicant's engineering
requirements.
(ii) Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
(iii) Existing towers or structures do not have sufficient
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(iv)
structural strength to support applicant's proposed
antenna and related equipment.
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.
(v) 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 are presumed to be unreasonable.
(vi) The applicant demonstrates that there are other limiting
factors that render existing towers and structures
unsuitable.
(vu) 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 alternative
technology that exceed new tower or antenna
development shall not be presumed to render the
technology unsuitable.
(4) Setbacks. The following setback requirements shall apply to all towers
for which a special exception is required; provided, however, that the
Board of Adjustment may reduce the standard setback requirements
if the goals of this ordinance would be better served:
(i) Towers must be set back a distance equal to at least
seventy -five percent (75 %) of the height of the tower from
any adjoining lot line.
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Guys and accessory buildings must satisfy the minimum zoning
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(5)
Table 1:
district setback requirements.
Separation. The following separation requirements shall apply to all
towers and antennas for which a special exception is required;
provided, however, that the Board of Adjustment may reduce the
standard separation requirements if the goals of this ordinance would
be better served thereby.
(i) Separation from off -site uses /designated areas.
(a) Tower separation shall be measured from the base of
the tower to the lot line of the off-site uses and/or
designated areas as specified in Table 1, except as
otherwise provided in Table 1.
Off -site Use/Designated Area
(b) Separation requirements for towers shall comply with
the minimum standards established in Table 1.
Separation Distance
Single - family or duplex residential units'
200 feet or 300% height of tower whichever
is greater
Vacant single- family or duplex residentially
zoned land which is either platted or has
preliminary subdivision plan approval which is
not expired
200 feet or 300% height of tower2 whichever
is greater
Vacant unplatted residentially zoned lands3
200 feet or 300% height of tower whichever
is greater
Existing multi - family residential units greater
than duplex units
200 feet or 300% height of tower whichever
is greater
Non - residentially zoned lands or non-
residential uses
None; only setbacks apply
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Highway A1A
200 feet or 100% height of tower whichever
is greater
'Includes modular homes and mobile homes used for living purposes.
2Separation measured from base of tower to closest building setback line.
3lncludes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval
and any multi - family residentially zoned land greater than duplex.
(ii) Separation distances between towers.
(a) Separation distances between towers shall be
applicable for and measured between the proposed
tower and preexisting towers. The separation
distances shall be measured by drawing or following a
straight line between the base of the existing tower and
the proposed base, pursuant to a site plan, of the
proposed tower. The separation distances (listed in
linear feet) shall be as shown in Table 2.
(b) Table 2:
Existing Towers - Types
Lattice
Guyed
Monopole 75
Ft in Height or
Greater
Monopole
Less Than 75
Ft in Height
Lattice
5,000 ft
5,000 ft
1,500 ft
750 ft
Guyed
5,000 ft
5,000 ft
1,500 ft
750 ft
Monopole
75 Ft in
Height or
Greater
1,500
ft
1,500
ft
1,500 ft
750 ft
Monopole
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City of Cape Canaveral
Ordinance No. 08 -97
Page 19
Less Than
75 Ft in
750 ft
750
750
Height
750 ft
ft
ft
(6) Security fencing. Towers shall be enclosed by security fencing not less
than six feet in height and shall also be equipped with an appropriate
anti - climbing device; provided however, that the Board of
Adjustment may waive such requirements, if the goals of this
Ordinance are better served thereby and the public health, safety, and
welfare is not adversely affected by such waiver.
(7)
Landscaping. In addition to any other applicable landscaping
requirements in the Zoning Ordinance, the following requirements
shall also govern the landscaping surrounding towers for which a
special exception is required; provided, however, that the Board of
Adjustment may waive such requirements if the goals of this ordinance
would be better served thereby.
(i) Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower
compound from property used for residences. The standard
buffer shall consist of a landscaped strip at least four (4) feet
wide outside the perimeter of the compound.
(n)
()
In locations where the visual impact of the tower would be
minimal, the landscaping requirement may be reduced or
waived by the Board of Adjustment if the goals of this
Ordinance would be better served thereby.
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some
cases, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
8. Equipment Cabinets and Accessory Structures.
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City of Cape Canaveral
Ordinance No. 08 -97
Page 20
(a) Antennas Mounted on Structures or Rooftops. The equipment cabinets or
structures used in association with antennas shall comply with the following:
(b)
(1) The cabinet or structure shall not contain more than thirty-six square
feet (36') of gross floor area or be more than six feet (6 °) in height.
(2) Equipment storage buildings or cabinets shall comply with all
applicable building codes.
Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet
or structure used in association with antennas shall be located in accordance
with the following:
(1) In residential districts, the equipment cabinet or structure may be
located:
(i)
In a rear or side yard provided the cabinet or structure is no
greater than six feet (6') in height or thirty-six square feet (36')
of gross floor area and shall otherwise conform to the
requirements of Section 110 -468 as an accessory structure.
(ii) The structure or cabinet shall be screened from view.
(2) In commercial or industrial districts the equipment cabinet or structure
shall be no greater than six feet (6') in height or thirty-six square feet
(36') in gross floor area and shall otherwise conform to the
requirements of Section 110 -468 as an accessory structure. The
structure or cabinet shall be screened from view.
9. 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 of Cape Canaveral notifying the owner of such abandonment. Failure to remove an
abandoned antenna or tower within said ninety (90) day shall be grounds to remove the tower or
antenna at the owner's expense. 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.
10. Nonconforming Uses.
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City of Cape Canaveral
Ordinance No. 08 -97
Page 21
(a) Not Expansion of Nonconforming Use. Towers or antennas 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
nonconforming use or structure.
(b) Preexisting towers. Nonconforming towers or antennas shall be allowed to
continue their usage as they presently exist. Routine maintenance shall be
permitted on such nonconforming towers or antennas. New construction
other than routine maintenance on a nonconforming tower or antenna shall
comply with the requirements of this ordinance.
(c) Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas.
Notwithstanding paragraph 9, bona fide nonconforming towers or antennas
that are damaged or destroyed may be rebuilt without having to first obtain
administrative approval or a special exception and without having to meet the
separation requirements specified in paragraphs 7(b)(4) and 7(b)(5). The
type, height, and location of the tower onsite shall be of the same type and
intensity as the original facility approval. Building permits to rebuild the
facility shall comply with the then applicable building codes and shall be
obtained within 180 days from the date the facility is damaged or destroyed.
If no permit is obtained or if said permit expires, the tower or antenna shall
be deemed abandoned as specified in paragraph 9.
(d) Collocation. To accommodate collocation, nonconforming towers may add
additional antennas (belonging to the same carrier or other carrier) subject to
administrative review pursuant to paragraph 6 of this Ordinance.
(e) Repair. Nothing in this Ordinance shall be deemed to prevent the
strengthening or restoring to a safe condition of any nonconforming tower or
antenna or part thereof declared to be unsafe by the Building Official or any
other City official authorized to protect the public, health, safety, and welfare.
SECTION 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances
and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the
extent of the conflict.
SECTION 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral Code and any section or paragraph number or letter and any heading may be changed
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City of Cape Canaveral
Ordinance No. 08 -97
Page 22
or modified as necessary to effectuate the foregoing.
SECTION 5. Severability. Should any section or provision of this Ordinance, or any
portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part
thereof to be declared invalid.
SECTION 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 2nd day of
SPBtPrnher , 1997.
ATTEST:
Sand
'CLERK
FOR
Burt Bruns
Tony Hernandez _X
Buzz Petsos Second
John Porter
Rocky Randels Motion
Kohn Bennett, CI;' Y ATTORNEY
Copies: P &Z Board
Building Official
O: \CityClk\ Ordinances \TELECOMMUN[CATTONS.dac
22
John K. Porter, MAYOR
AGAINST
Posted: August 8, 1997
Publish: July 29, 1997
First Reading: August 5, 1997
Publish: August 22, 1997
Second Reading: September 2, 1997