HomeMy WebLinkAboutOrdinance No. 28-19981
1
1
ORDINANCE NO. 28-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE IX,
SUPPLEMENTARY DISTRICT REGULATIONS, BY AMENDING
SECTION 110 -483, WIRELESS TELECOMMUNICATION TOWERS
AND ANTENNAS, OF THE CODE OF CAPE CANAVERAL, FLORIDA,
PROVIDING FOR REVISIONS OF THE ADMINISTRATIVE USES AND
AN ADOPTION OF PROVISIONS REGULATION NONCONFORMING
STRUCTURES; REPEALING PRIOR INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EI't ECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF '1'HL+' CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA as follows:
SECTION 1. Section 110 -483, 6(a)(5) is hereby deleted in its entirety, and the
following is adopted in lieu thereof
Sec. 110 -483. Wireless telecommunication towers and antennas.
6(a)(5) In connection with any such administration approval, the building
official may, in order to encourage shares use, administratively waive any
zoning district setback requirements in subsection 7(b)(4) or separation
distances between towers in subsection 7(b)(5).
SECTION 2. Section 110 -483, 6(b)(1)(b)(iii)(a) is hereby deleted in its entirety, and the
following is adopted in lieu thereof:
Sec. 110 -483. Wireless telecommunication towers and antennas.
6(b)(1)(b)(iii)(a) A tower which is being rebuilt that will accommodate
collocation of additional antennas may be moved onsite within one
hundred feet (100') of its existing location.
SECTION 3. Section 110 -483, 6(b)(1)(iii)(c) is hereby deleted in its entirety, and the
following is adopted in lieu thereof:
Section. 110 -483. Wireless telecommunication towers and antennas.
6(b)(1)(b)(iii)(c) A relocated onsite tower shall continue to be measured from the
original tower location for purposes of calculating separation distances between
1
City of Cape Canaveral, Florida
Ordinance No. 28 -98
Page 2
towers pursuant to subparagraph 7(b)(5). The relocation of a tower hereunder
shall in no way be deemed to cause a violation of subparagraph 7(b)(4) or 7(b)(5).
SECTION 4. Section 110 -483 6(b)(1)(b)(iii)(d) is hereby deleted in its entirety, and the
Following is adopted in lieu thereof:
Section. 110 -483. Wireless telecommunication towers and antennas.
6(b)(1)(iii)(d) The onsite relocation of a tower which comes within the separation
distances to residential units or residentially zoned lands as established in
subparagraphs 7(b)(4) and 7(b)(5) shall only be permitted when approved by the
building official.
SECTION 5. Paragraph 11 of Section 110 -483 is hereby adopted as follows:
Section 110 -483. Wireless telecommunication towers and antennas.
11. Nonconforming towers shall be allowed to be rebuilt and relocated elsewhere
on the existing site with administrative approval of the building official under
the following conditions:
(a) The tower does not exceed the maximum height allowed in 110 -483,
4(o).
(b) The tower does not reduce the existing setback from residentially zoned
property.
(c) The tower does not reduce the existing separation distances from other
existing towers.
(d) The tower includes the provision for the collocation of antennas.
(e) The tower is designed to be less intrusive than the existing tower.
(f) The existing tower is removed within thirty (30) days of completion of
the new tower.
SECTION 6. All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict.
1
City of Cape Canaveral, Florida
Ordinance No. 28 -98
Page 3
SECTION 7. If any provision of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such provision shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining provisions of this Ordinance.
SECTION 8. This Ordinance shall be 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 15th
day of September, 1998.
ATTEST:
dF�
Rocky Randels, MAYOR
FOR AGAINST
Burt Bruns Second
ra b. Sims, CITY CLERK Tony Hernandez Motion
APPRO !' TO FORM. -
Buzz Petsos Absent
Rocky Randels X
Joy Salamone Absent
Kohn Bennett, C ' ATTORNEY First Reading 9/1/98
Posted: 9/2/98
Publish: 9/5/98
Second Reading. 9/15/98
\\ Cape- nt \cityclerk\Cittycclk \Ordinances \Wireless Telecommunications Amend.doc