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20-1546 Amending ULDR Sections 2-7.36 and 5-21.2 (Communications Towers, etc.)
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20-1546 Amending ULDR Sections 2-7.36 and 5-21.2 (Communications Towers, etc.)
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12/17/2020 3:21:26 PM
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Ordinances
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12/14/2020
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EXHIBIT "A" <br />Site plan review. Notwithstanding the requirements of Article XVIII, Section 4-18.2 of the <br />Unified Land Development Regulations, all communication tower and applicable <br />communication antenna applications shall be reviewed under the general site plan review <br />procedure prior to issuance of a building permit pursuant to the site plan review <br />requirements of Chapter IV, Section 4-18.1-5. Any request to deviate from any of the <br />requirements of this Section shall require conditional use approval from the Planning and <br />Zoning Commission. In addition to the submittal requirements contained therein, the <br />following information shall be required: <br />i. Documentation of compliance with separation requirements of Tables (2)(a) and (2)(b). <br />The applicant shall indicate the exact distance, location, and identification of other <br />communication towers on an appropriate map or drawing. This documentation shall <br />include, but not be limited to, the distances between the base of the tower and the <br />location of the residential uses and residential zoning districts as documented by a <br />professional surveyor. The applicant shall also identify the type of construction of the <br />existing communication tower(s) and the owner/operator of the existing tower(s) within <br />three miles of the proposed tower location; <br />ii. Drawing(s) showing elevation of the proposed communication tower, indicating the <br />finished color and, if applicable, the method of camouflage and illumination; <br />iii. Site plans, landscape plans, or other information showing compliance with the <br />performance standards outlined in Subsection (3); <br />iv. A statement by the applicant as to how construction of the communication tower will <br />accommodate collocation of additional antennas for future users. This documentation <br />shall include information that collocation shall provide accommodation for a <br />communication provider of identical technology. The statement shall set forth all <br />efforts made to co -locate on existing structures. <br />V. If applicable, a signed affidavit from the landowner or tower owner that an executed <br />lease agreement with a service provider for placement of the communication antenna <br />collocation exists or will be executed upon approval of the application, and where the <br />tower or antenna will be collocated. <br />Conditional use review. All communication towers requiring conditional use review shall be <br />subject to the conditional use review criteria in Chapter 2, Article VI. Notwithstanding any of <br />the foregoing provisions of this Section, if a communication tower is to be located on City - <br />owned property, the tower shall in all cases be subject to the conditional use approval <br />process. <br />Building permits. Except for eligible facilities requests in accordance with Subsection 2- <br />7.36(€F), a building permit shall be required for the construction and modification of all <br />communication towers and communication antennas. <br />Permit processing timeframes; "shot clock". The City's action on proposals to place or <br />maintain Communications Facilities shall be subject to the applicable standards and time <br />frames set out in F.S. § 365.172, 47 U.S.C. § 1455(a) and Orders issued by the FCC, as <br />same may be amended from time to time. All Federal and State "shot clock" timeframe <br />guidelines that apply to any particular permit are hereby recognized by the City, and the <br />City will make all reasonable efforts to comply. The following procedures apply to <br />construction of a new tower or modifications: <br />Notification of completeness. The City Manager or designee shall notify the applicant <br />within 20 business days after the date the application is submitted as to whether the <br />application is, for administrative purposes only, properly completed and has been <br />properly submitted in accordance with the requirements set forth above. However, <br />such determination shall not be deemed as an approval of the application. Such <br />notification shall indicate with specificity any deficiencies which, if cured, could make <br />the application properly completed. <br />7 <br />
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