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Home My WebLink About2004 01 26 Public Hearings 409 (:OMMISSION AGENDA Consent ITEM 409 Informational Public Hearing X Regular January 26, 2004 Meeting Mgr. Dept. REQUEST: The City Attorney requests the City Commission approve on First Reading Ordinance No. 2004-11, amending Chapter 6, Article III, Building Construction Standards, related to the installation and/or construction of amateur radio antennae and radio antenna structures. PURPOSE: The purpose of Ordinance No. 2004-11 is to provide standards for the construction and/or installation of amateur radio antennae and radio antenna structures. Specifically the ordinance regulates the size and location of radio antennae and radio antenna structures. In order to comply with the state and federal preemption issues the ordinance provides a mechanism whereby an applicant can seek a variance from the code, which would allow alternate placement or increased height where established necessary such that radio communication can be reasonably accommodated. APPLICABLE LAW AND PUBLIC POLICY: Section 166.0435, Florida Statutes (2003). F.C.C. Order PRB-l, entitled Amateur Radio Preemption, 101 F.C.C. 2d 252 (1985). 47 C.F.R. 97.15 (2003) CONSIDERATIONS: The telecommunication tower ordinance (Section 20-451, City Code) specifically exempts amateur radio towers from its regulation. As such, the City Code currently does not address the construction Page 1 of 2 or siting of amateur radio antennae. Regulating these towers, under the under the current code, would appear to fall under the accessory buildings regulations (Section 6-84, City Code). This section of the code would limit the height of any antenna to twelve (12) feet. The limited federal and state preemption requires that amateur radio antennae be erected at heights and dimensions sufficient to accommodate communication. There are significant public and governmental interest in the protection of property values through regulations which protect the aesthetics of the City This ordinance allows the City to regulate the size and location of the radio antennae, and complies with the preemption issue by providing a mechanism by which the radio operator my apply for a variance, and upon demonstrating that site or size restriction will hamper the ability to communicate, the City may grant a variance in order to provide a reasonable accommodation. STAFF RECOMMENDATION: The City Attorney recommends that the City Commission approve on First Reading Ordinance No. 2004-11, amending Chapter 6, Article III, Building Construction Standards, related to the installation and/or construction of ama.teur radio antennae and radio antenna structures. ATTACHMENT: Ordinance 2004-11 COMMISSION ACTION: F:\Lawyer\jeffbICity of Winter Springs\Agenda Sheets\Amateur_Radio_ Tower. wpd Page 2 of 2 , ' ORDINANCE NO. 2004-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 6 OF THE CITY CODE, RELATING TO THE REGULATION OF AMATEUR RADIO ANTENNAE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under ~ 2(b), Art. VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City has determined there is an interest within the City for the construction of amateur radio antennae and that the City Code currently does not provide standards by which these structures shall be installed or constructed; and WHEREAS, zoning regulations placing conditions upon cel1ain uses are enforceable where it is determined that a rational relationship exists between a legitimate government objective, and whether the regulation furthers such purpose. Restigouche, 111V. V TmVI1 of Jupiter, 59 F.3d 1208, 1214 (lIth Cir. 1995).; and WHEREAS, Section 166.0435, Florida Statutes provides in part, municipalities shall not enact or enforce any ordinance or regulation which fails to conform to the limited preemption established in PRB-1 entitled "Amateur Radio Preemption" as issued by the Federal Communications Commission (l01 F.C.C. 2d 952 [1985]); and WHEREAS, 47 c.P.R. Section 97.15 (2003), provides amateur radio towers may be erected at heights and dimensions sufficient to accommodate communication, and that local regulation must not preclude amateur service communications, rather, reasonably accommodate such communications and constitute a minimum practicable regulation to accomplish the local authority's purpose; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No. 2004-11 Page 1 of 6 . ' Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein as legislative findings of the City Commission of the City of Winter Springs by this reference. Section 2. Codle Amendment. The City of Winter Springs Code Chapter 6 is hereby amended as follows: (underlined type indicates additions and str ikcout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance oftext existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 6 - BUILDINGS AND BUILDING REGULATIONS * * * ARTICLE Ill. BUILDING CONSTRUCTION STANDARDS * * * Sec. 6-83-A. Television dish antennae. * * * Sec. 6-83-B. Amateur radio antennae. (ill Definitions. ill Radio antenna or antennae shall mean the arrangement of wires or metal rods utilized for the purpose of transmission or reception of electromagnetic waves. ill Radio antelma support structure shall mean any structure, mast, pole, tripod, guide wires or tower utilized for the purposes of supporting an antenna or antennae for the purpose ofrransmission or reception of electromagnetic waves by federally licensed amateur radio or citizen band radio operators. ill Antenna height shall mean the overall vertical length of the antenna and antenna support structure above grade, or if such system is located on a building, then the overall vertical length includes the height of the building upon which the structure is mounted, {Q} General regulations. ill All amateur radio antennae are considered structures and shall be installed or constructed in accordance with all applicable provisions of this Chapter and the City of Winter Springs Ordinance No. 2004-11 Page 2 of 6 -to ., Florida Building Code. ill No advertising or signage of any type is permitted on radio antennae. ill In all single-family residential districts: W The placement of radio antennae shall be limited to one (1) antenna per zoning lot upon which the residential structure is located. iID Radio antennae shall not be permitted on the roof of any residential structure. .cg Radio antennae and radio antenna structures shall not be installed or constructed in front of the rear plane of any residential structure. ill} Radio antennae may only be installed or constructed in the rear yards of any residential lot. {ill No p-ortion of any radio antenna or radio antenna structure shall be closer than six (6) feet from any property line. (f} No portion of any radio antenna or radio antenna structure shall be located within any public way, easement. or parkway. (ill No antenna shall exceed forty-five (45) feet in height above finished grade. ill In all other zoning districts: (A} The placement of radio antennae shall be limited to two (2) antennae per zoning lot upon which the primary use is located. (ill Radio antennae may be installed, attached or constructed on the roof of commercial or industrial buildings, but only upon submission of a certificate of em engineer or architect currently registered or licensed to do business in the State of Florida, stating that a structural analysis has been conducted of the building and that such building can safely support the specific antenna with a minimum wind load as determined by the Florida Building Code. .cg Radio antennae and radio antenna structures shall not be installed or constructed in front of the front line of the principal structure. ill) Radio antennae may only be installed or constructed in side or rear yards of the principal structure. However, radio antennae shall not be installed or City of Winter Springs Ordinance No. 2004-11 Page 3 of 6 constructed within side yards which abut residentially zoned property. .cID. No portion of any radio antenna or radio antenna structure shall be closer than six (6) feet from any property line. (f) No portion of any radio antenna or radio antenna structure shall be located within any public way, easement, parkway. or designated parking area. (Q} No radio antennae shall exceed forty-five (45) feet in height above finished grad~ ill Variances. ill Variances to these requirements shall only be authorized by action of the City Commission. in accordance with the procedures outlined in Sections 20-82 and 20- 83. City Code. as may be amended. In addition to the provisions provided within these sections, the applicant must clearly demonstrate the following: .lAl That the requirements of this section mandate a location of the antenna such that reception is severely restricted or impaired; and .cID That the variance requested is the minimum necessary to make possible the reasonable use of the antenna. ill In considering a request for a variance from this section. the Board of Adiustment and the City Commission must consider the following obiectives of the Federal Communications Commission in determining whether a variance is appropriate: .lAl There is a strong federal interest in promoting amateur radio operations. .cID Amateur communications provide an effective means of communication during disaster and emergency situations. .cg Amateur radio service provides a reservoir of trained operators, technicians and electronic experts who can be called on in times of national or local emergencies. {ill By its nature, the amateur radio service also provides the opportunity for individual operators to further international goodwill. @ Preexisting nonconforming amateur radio antenna/ antenna sU/Joort structure. Any preexisting nonconforming amateur radio antennae or radio antenna structures lawfully in City of Winter Springs Ordinance No. 2004-11 Page 4 of 6 . . existence of the effective date of this Section shall be exempt from the provisions hereof; provided. however, that no such preexisting nonconforming amateur radio antenna or radio antenna structure shall be extended in further violation; and provided further. that any replacement thereof shall be in compliance with the provisions of this Section. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior 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 Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Sev1erability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effc~ctive Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. [This area left blank, adoption on next page] City of Winter Springs Ordinance No. 2004-11 Page 5 of 6 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ._ day of , 2004. JOHN F. BUSH Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2004-11 Page 6 of 6