HomeMy WebLinkAboutO-1998-001 I
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ORDINANCE NO. 01-98
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA, AMENDING CHAPTER 28, BY
CREATING ARTICLE VIII, TELECOMMUNICATION
TOWERS AND ANTENNAS; PROVIDING INTENT,
DEFINITIONS, APPLICABILITY, GENERAL
REQUIREMENTS, SHARED USE OF COMMUNICATION
TOWERS, CO-LOCATION OF ANTENNAS; APPLICATIONS,
SECURITY, ACCESS EASEMENTS, REMOVAL OF
FACILITIES; PROVIDING FOR CODIFICATION,
ORDINANCES IN CONFLICT, SEVERABILITY, PROVIDING
FOR AN EFFECTIVE DATE.
Whereas, the Congress of the United States adopted the Telecommunications Act
of 1996, providing for federal regulation of wireless telecommunications, a technology of
wireless voice, video and data communications systems, which requires land-based
facilities that impact planning and zoning concerns in the City and throughout the United
States; and,
Whereas, the City Commission finds that it is in the public interest to permit the
siting of wireless communication towers and antennas within the municipal boundaries;
and,
Whereas, the City has received, and expects to receive additional, requests from
telecommunication service providers to site wireless telecommunication towers and
antennas within the municipal boundaries and the City is authorized by federal, state and
local law to regulate the siting of such towers and antennas; and,
Whereas, it is the intent of the City Commission to provide reasonable
accommodation, and to promote and encourage fair and reasonable competition, among
telecommunication 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 provide the requirements and standards to
permit the siting of wireless telecommunication towers and antennas within the municipal
boundaries, with due consideration to the City's comprehensive plan, zoning ordinance,
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existing patterns of development and environmentally sensitive areas, including hurricane
preparedness areas; and,
Whereas, by providing regulatory requirements and standards, it is the City's intent
to protect and promote the health, safety and welfare of its citizens and residents, the
traveling public, and other persons in a manner that will minimize both the number of
towers and antennas as well as the adverse visual impact and other potential damage by
these facilities through encouraging co-location and shared use of new and pre-existing
telecommunication 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 DANIA, FLORIDA:
Section 1. Article VIII, Sections 33-304 through 33-311, of the Zoning Code of
the Code of Ordinances of the City of Dania, Florida, entitled "Telecommunication Towers
and Antennas," is hereby created to read as follows:
ARTICLE VIII. TELECOMMUNICATION TOWERS AND ANTENNAS
Section 33-304. Intent.
The regulation of telecommunication towers and antennas in this Article is intended to:
1) Promote the health, safety and general welfare of the citizens and
residents, the traveling public, and other persons by regulating the siting of
telecommunication towers;
2) Provide for the appropriate location and use of telecommunication towers
and antennas within the city;
3) Minimize adverse visual effects of telecommunication towers and
antennas through careful design, siting, landscape screening and innovative
camouflaging techniques;
4) Avoid potential damage to adjacent properties from tower failure through
engineering and careful siting of tower structures;
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5) Protect residential areas and land uses from potential adverse impacts of
telecommunication towers and antennas by maximizing use of any new or
existing telecommunication towers through shared use (i.e., co-location) to
reduce the number of towers needed;
6) Recognize that telecommunication services are a non-essential public
service and telecommunication towers and antennas will only be permitted
where there is a demonstrated need;
7) Use of public property shall be given the highest priority in siting
telecommunication towers and antennas; and,
8) Co-location shall be fully considered and treated as an important factor
included in the consideration of applications to locate new telecommunication
towers or antennas.
Section 33-305. Definitions.
Antenna: A transmitting and, or, receiving device used for wireless
communication services that radiates or captures electromagnetic waves, digital
signals, analog signals, radio frequencies (excluding radar signals), wireless
telecommunication signals or other communication signals, including directional
antennas, such as panel and microwave dish antennas, and omni-directional
antennas and satellite earth stations.
FAA: The Federal Aviation Administration.
FCC: The Federal Communications Commission.
Guyed tower. A telecommunication tower that is supported, in whole or in part, by
guy wires and ground anchors.
Microwave: A dish-like antenna used to link wireless communication services
sites together by wireless transmission of voice or data.
Monopole tower: A telecommunication tower consisting of a single pole or spire
self-supported by a permanent foundation, and constructed without guy wires and
ground anchors.
Panel antenna: An array of antennas designed to concentrate a radio signal in a
particular area.
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Self-suppordlattice tower: A telecommunication tower that is constructed without
guy wires and ground anchors.
Stealth facility: Any telecommunication facility which is designed to blend into the
surrounding environment. Examples of stealth facilities include architecturally
screened roof-mounted antennas, antennas integrated into architectural elements,
and telecommunication towers designed to look like light poles, power poles or trees.
Telecommunication tower. A guyed, monopole or self-support/lattice tower,
constructed as a free-standing structure, containing one or more antennas intended
to be used for personal wireless services, telephone, radio or a similar
communication service. The term includes, but is not limited to, radio and television
transmission towers, microwave towers, common carrier towers, cellular telephone
towers and stealth towers. The term does not include a tower that provides only
open video services.
Section 33-306 Applicability.
All new towers or antennas, and modifications to existing towers and antennas, in the City
shall be subject to these regulations, except as provided for in paragraphs 1 through 3,
below:
1) These regulations shall not apply to any tower, or installation of any
antenna, that is for the use of an open video broadcast-only facility, or is owned
and operated by a federally-licensed amateur radio station operator, or is used
exclusively for receive-only antennas.
2) Pre-existing towers and pre-existing antennas shall not be required to meet
the requirements of these regulations, except to comply with the requirements of
the non-conforming provisions of the zoning ordinance.
3) 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.
Section 33 307 General Requirements.
Every new telecommunication tower and antenna, and modifications to existing towers
and antennas, shall be subject to the following minimum standards:
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1) Towers and antennas 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 a tower or antenna on the same lot.
2) The City may require, as a condition of entering into a lease agreement with
a telecommunication provider, the dedication of space on the facility for public
health and safety purposes, as well as property improvement on the leased space.
Any dedications and improvements shall be negotiated prior to execution of the
lease.
3) For purposes of determining whether the installation of a tower or antenna
complies with district development regulations, the dimensions of the entire lot
shall control, even though the towers or antennas are proposed to be located on
leased parcels within such lot.
4) Each application for a tower or antenna shall include a review of the City's
inventory of existing towers, antennas and approved sites. All requests for
locations other than a site on the inventory shall include specific information about
the alternative location, height and design of the proposed tower or antenna, and
an explanation regarding why the inventory sites are not appropriate. The
information is a public record. The City may share the information with other
applicants. The City does not warrant or represent that the information is accurate,
or that sites on the inventory are available or suitable.
5) All applicants for new towers and antennas, or for towers and antennas
which are to be modified or reconstructed to accommodate additional antennas, or
for which a variance is required, must present a certified report by a professional
engineer licensed to practice in the State of Florida, which shall include the
following:
a. a site development plan which includes, without limitation, a photo
digitization of the tower with all attachments.
b. an analysis of the impacts on adjacent property sites.
C. specifics of design.
d. a narrative discussing the type of tower or antenna, current wind
loading capacity and a projection of wind loading capacity using
different types of antennas as models.
e. a statement of non-interference, which states that the construction
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and operation of the tower, including reception and transmission
functions, will not interfere with public safety communication, or with
the visual and customary transmission or reception of radio,
television, or similar services, as well as other wireless services
enjoyed by adjacent properties.
f. if the applicant proposes to not use a facility or site on the City's
inventory, an explanation of the technological reasons why the use
of the facility or site is unfeasible.
6) Towers and antennas shall meet the following appearance requirements:
a. towers shall either maintain a galvanized steel finish or, if allowed by
FAA standards, shall be painted a neutral color to reduce visual
obtrusiveness.
b. the design of accessory 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 visual impact.
C. if an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must
be of a color that is neutral, identical to, or compatible with the color
of the supporting structure, as determined by the City, to make the
antenna and related equipment as visually unobtrusive as possible.
7) No signals, artificial lights or illumination shall be permitted on any tower or
antenna 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. To the maximum extent possible, lighting
shall be oriented away from residential districts.
8) The construction, operation, maintenance and repair of towers and
antennas are subject to the regulatory supervision of the City, and shall be
performed in compliance with all laws and practices affecting the subject,
including, but not limited to, the zoning ordinance, building code and safety codes.
The construction, operation and repair shall be performed in a manner consistent
with high applicable industry standards. All towers and antennas must meet or
exceed current standards and regulations of the FAA and the FCC, including
emission standards. They must meet the requirements of all federal, state and
local government agencies with the authority to regulate towers and antennas prior
to issuance of a building permit by the City. If the standards and regulations are
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changed, then the owners of the towers and antennas governed by this Ordinance
shall bring the facilities into compliance with the revised standards and regulations
within six months of their effective date, unless the facilities are grand-fathered
under the applicable regulation. The compliance date may be waived by the City
Manager if a different compliance schedule is mandated by the controlling federal,
state and local agency. Failure to bring towers and antennas into compliance with
the revised standards and regulations shall constitute grounds for removal of the
tower or antenna at the owner's expense.
9) The owner shall additionally maintain a tower in compliance with the
applicable standards for towers that are published by the Electronics Industries
Association.
10) The tower must comply with all applicable building requirements in
applicable building codes and industry construction standards. If, upon inspection,
the City concludes that a tower fails to comply with any building codes and industry
construction standards, and constitutes a danger to persons or property, then upon
notice, the owner of the tower shall have 30 days to bring the tower into
compliance. Failure to bring the tower into compliance within 30 days from receipt
of notice shall constitute grounds for removal of the tower or antenna at the
owner's expense.
11) To ensure the structural integrity of towers, a statement shall be submitted,
prepared by a professional registered engineer licensed to practice in the State of
Florida, which, through engineering analysis, certifies the tower complies with all
applicable building requirements in applicable building codes and with applicable
industry construction standards. The statement shall describe the tower's
capacity, including the number and types of antennas it can accommodate. For all
towers and antennas attached to existing structures, the statement shall include
certification that the structure can support the load superimposed from the tower or
antenna. All new towers shall have the capacity to accept multiple users; at a
minimum, monopole towers shall be able to accommodate two users and at a
minimum, self-support/lattice or guyed towers shall be able to accommodate three
users.
12) Telecommunication towers shall comply with current radio frequency
emissions standards of the FCC.
13) Accessory buildings or structures shall meet all building design standards
as listed in the Code, and shall be constructed in accordance with the provisions of
the South Florida Building Code, latest Broward County Edition. All accessory
buildings or structures shall require a building permit issued by the building
division.
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14) Mobile or immobile equipment not used in direct support of a tower or an
antenna facility shall not be stored or parked on the site of the telecommunication
tower, unless repairs to the tower are being made.
15) For purposes of measurement, tower setbacks and separation distances
shall be calculated and applied to facilities located in the City irrespective of
municipal boundary lines.
16) 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.
17) Owners or operators of towers or antennas shall certify that all franchises
required by law for the construction or operation of a wireless telecommunication
system in the City have been obtained and shall file a copy of all such franchises
with the City.
18) No signs, including commercial advertising or logo and political signs, flyers,
flags or banners shall be allowed on any part of a tower or antenna.
19) All towers shall meet the following buffering requirements:
a. an eight foot fence or wall constructed in accordance with Chapter
28 of the Code of Ordinances of the City of Dania, as measured from
the finished grade of the site, shall be required around the base of
any tower and may be required around any accessory building or
structures.
b. landscaping, consistent with the requirements of Chapter 26 the
Code of Ordinances, shall be installed around the entire perimeter of
any fence or wall. Additional landscaping may be required around
the perimeter of a fence or wall and around any or all anchors or
supports if deemed necessary to buffer adjacent properties. The
City may require landscaping in excess of the requirements of the
City code in order to enhance compatibility with adjacent residential
and non-residential land uses. Landscaping shall be installed on the
outside of the perimeter fence or wall.
C. landscaping consistent with perimeter and on-site requirements in
Chapter 26 of the Code of Ordinances shall be installed around any
accessory buildings or structures.
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20) "High voltage" and "No Trespassing" warning signs shall be provided as
follows:
a. if high voltage is necessary for the operation of the
telecommunication tower or any accessory structures, "HIGH
VOLTAGE - DANGER" warning signs shall be permanently attached
to the fence or wall and shall be spaced no more than 40 feet apart.
gns shall be
rmanently
ed
b to the fence orswall and shall be SING" warning spaced No more ethan 40 feet apart.
C. the letters for the "HIGH VOLTAGE - DANGER" and "NO
TRESPASSING' warning signs shall be at least six inches in height.
The two warning signs may be combined into one sign. The warning
signs shall be installed at least five feet above the finished grade of
the fence.
d. the warning signs may be attached to free standing poles if the
content of the signs is not obstructed by landscaping.
21) All abandoned or unused telecommunication tower facilities shall be
removed by the tower owner or operator within 90 days of the cessation of use. A
tower shall be considered abandoned if use has been discontinued for 180
consecutive days. The City may require reasonable security to secure compliance
with the requirements of this paragraph. Telecommunication towers being utilized
for other purposes, including but not limited to light standards and power poles,
may be exempt from this provision.
Section 33-308. Zoning Districts Height and Setback Requirements, Etc.
1) Telecommunication towers and antennas shall be permitted on property
owned, leased or otherwise controlled by the City (referred to as City property),
provided a license or lease authorizing the antenna or tower has been approved
by the City. Height and setback requirements shall be those that are provided in
any lease agreed to by the City. The City shall have no obligation to execute a
lease even if the applicant can meet all criteria contained in this Ordinance.
2) Monopole towers and antennas and guyed or self-support/lattice towers
shall be permitted as a special exception, in the following zoning districts:
a. (M-1) Light Industrial District
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b. (M-2) Medium Industrial District
C. (M-3) General Industrial District
3) Stealth towers or stealth rooftop and building mounted antennas shall be
allowed as special exceptions in the following zoning districts:
a. (C-4) Community Business
b. (C-3) General Business
C. (IRO) Industrial Research Office
d. (IR) Restricted Industrial
e. (IG) Industrial General
f. B-3 / M-1
g. M-2, M-3, M-4
h. (RM/RMI) Medium High Density Multiple—Family (stealth antennas
only)
i. (RM2) High Density Multiple-Family (stealth antennas only)
4) Non-stealth guyed towers and antennas shall be permitted as a special
exception only in the following zoning districts:
a. (C-4) Community Business
b. (C-3) General Business
C. (IRO) Industrial Research Office
d. (IR) Restricted Industrial
e. (IG) Industrial General
f. B-3
5) Towers and antennas must meet the following setback and height
requirements:
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a. tower height shall be measured from the crown of the road of the
nearest street.
b. telecommunication towers shall conform with the setbacks
established for the district except when more restrictive requirements
are contained within this section.
C. towers shall not be permitted within 250 feet of any residential
district.
d. all buildings and other structures to be located on the same property
as a tower shall conform with the setbacks established for the
zoning district.
e. unless provided for elsewhere in this Ordinance, the City
Commission may allow a maximum height t f go feet for 50 feet for a single
user, up to 120 feet for two users and up
ree or
more users.
8) Inspections:
a. Telecommunication tower owners shall submit a report to the
building division certifying structural and electrical integrity on the
following schedule:
i. Monopole towers once every five years.
ii. Self-support/lattice towers once every two years.
iii. Freestanding and guyed towers at once every two years.
b. Inspections shall be conducted by an engineer licensed to practice in
the State of Florida. The results of inspections shall be provided to
the builing ivision. The ding
r or
removaldof a telecommunication lltower baseid upon may the (results ore lf an
inspection.
C. The Building Division may conduct periodic inspections of towers to
ensure structural and electrical integrity. The owner of the tower may
be by
there belted t
reason to behe lieve frequentty to have more inspections
l e that at the andelectrical integrity
of the tower is jeopardized.
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7) Existing towers.
a. Antennas may be placed on existing towers with sufficient loading
capacity after approval by the building division. The capacity shall
be certified by an engineer licensed to practice in the State of
Florida.
b. Towers in existence as of October 1, 1996, may be replaced with a
tower of equal or less visual impact after approval by the City
Manager. However, if the proposed new tower would not be
consistent with the minimum standards under this section,
replacement must be approved by the City Commission.
Section 33-309. Shared Use of Communication Towers: Co-Location of Antennas.
1) Co-location of telecommunication antennas by more than one provider on
existing, new, or modified towers shall take precedence over the construction of
new single-use towers. Accordingly, each application for a telecommunication
tower shall include a certified written evaluation, prepared by a professional
engineer licensed to practice in the State of Florida, of the feasibility of sharing a
telecommunication tower, if a telecommunication tower is located within five miles
of the proposed site, which examines the following:
a. structural capacity of the tower or towers.
b. radio frequency interference.
C. geographical service area requirements.
d. mechanical or electrical compatibility.
e. ability to locate equipment on the tower or towers.
f. availability of towers for relocation.
g, any restrictions or limitations of the FCC that would preclude the
shared use of the tower.
h. additional information requested in writing by the City.
2) Each application for an antenna shall include a certified written evaluation,
prepared by a professional engineer licensed to practice in the State of Florida, of
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the feasibility of co-locating its antenna on an existing tower. Evidence submi
tted
to demonstrate that no existing tower can accommodate the proposed antenna
may consist of any of the following:
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a. no existing towers or structures are located within the geographic
area required to meet the applicant's engineering requirements.
b. existing towers or structures are not of sufficient height to meet
applicant's engineering requirements.
C. existing towers or structures do not have sufficient structural strength
to support applicant's proposed antenna and related equipment.
d. the applicant's proposed antenna would cause impermissible
electromagnetic interference, as determined by the FCC, with the
antenna on the existing towers or structures, or the antenna on the
existing towers or structures would cause impermissible interference,
as determined by the FCC, with the applicants proposed antenna.
e. the fees or costs required 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
unreasonable.
f. property owners or owners of existing towers or structures are
unwilling to accommodate the applicant's needs.
g, the applicant demonstrates that there are other limiting factors that
render existing towers and structures unsuitable.
3) All applicants shall demonstrate reasonable efforts in developing a co-
location alternative for a proposed new telecommunication tower or antenna.
An applicant for a permit to construct a tower or antenna shall cooperate with
other telecommunication service providers in co-locating additional antennas on
existing authorized towers. An applicant and an owner, or operator, of an
existing authorized tower shall exercise good faith in co-locating the facilities.
Good faith shall include sharing non-propriety technical information to evaluate
the feasibility of co-location. In the event a dispute arises whether an applicant,
or an owner or operator of an existing facility has exercised good faith in
accommodating other facilities, the City may require a technical study by a third
party at the expense of either or both of the parties to the proposed co-location.
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4) Applications submitted by tenants seeking to co-locate on a pre-existing
tower, or to rent space on a proposed tower, shall receive an expedited review
process by the City. Such review shall be completed 30 days following the filing
of a completed application.
5) The owner of any telecommunication tower approved for shared use shall
provide a written Notice of Co-location, by certified mail, return receipt requested,
of the location of the tower and the load capacity of the tower to all other providers
of telecommunication services in Broward County, Florida.
6) Failure to comply with the co-location requirements of this section may
result in the denial of a permit request or revocation of an existing permit for the
specific tower.
7) Applicants seeking to co-locate antennas shall not pay rent to the owner or
operator of the tower in excess of the fair market value for the space, as
determined at the time of execution of an agreement.
Section 33-310 Applications.
1) Prior to the issuance of a building permit by the building division, a site
development plan shall be presented for approval to the planning division. Each
application for a proposed telecommunication tower shall include all requirements
for site development plan approval, as required in Chapter 26 of the Code of
Ordinances. The Director of the Growth Management Department may waive all
or some of these provisions for stealth towers which are designed to emulate
existing structures already on the site. Where a request is made to use a pre-
existing structure, including light and power poles, as a stealth facility, the facility
and all modifications, shall comply with all requirements as provided in this
Ordinance unless waived by the City.
2) A statement shall be submitted with the application, prepared by a
professional registered engineer licensed to practice in the State of Florida, which,
through engineering analysis, certifies compliance of the tower with applicable
building requirements of the South Florida Building Code, latest Broward County
Edition, and any applicable industry standards, including, but not limited to,
Electronic Industry Association/Telecommunications Industry Association standard
for wind load; and describes the tower capacity, including an example of the
number and type of antennas it can accommodate. No tower shall be permitted to
exceed its loading capacity. For all towers and antennas attached to existing
structures, the statement shall include certification that the structure can support
the superimposed load. All towers shall have the capacity to accept multiple
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users; at a minimum, monopole towers shall be able to accommodate two users,
and self-support/lattice, or guyed, towers shall be able to accommodate at least
three users.
3) The following supplemental information shall be included with all
applications for special exceptions and variances:
a. a scaled site plan clearly indicating the tower site, type and height of
the proposed tower, the location of the accessory building, on-site
land uses and zoning, adjacent land uses and zoning, adjacent
roadways, proposed means of access, distances from property lines,
elevation drawings of the proposed tower, and any other proposed
structures.
b. a current zoning or aerial photograph showing the location of the
proposed tower.
C. a legal description of the parent tract and tower site (if applicable).
d. if the proposed tower site meets the required minimum distance from
residentially zoned lands, the approximate distance between the
proposed tower and the nearest residential dwelling, platted
residentially zoned properties, or unplatted residentially zoned
properties. If the proposed tower site does not meet the minimum
distance requirements, then exact distances, locations and
identifications of the residential properties shall be shown on an
updated zoning map.
e. a landscape plan showing specific landscape materials.
f. the method of fencing, finished color if applicable, the method of
aesthetic mitigation and illumination
4) The City shall act promptly on any application submitted in accordance with
the provisions of Sections 33-304 through 33-307 of this Chapter. The reasons for
rejecting any application filed under this section does not prevent a person from
filing an application for a special exception in accordance with applicable law.
5) Fees for tower placement and use, including antenna installation, will be
determined by a separate resolution.
6) Public land and right-of-way lease agreements will be established by separate
instruments.
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Section 33 311 Security Access Easements Removal of Facilities.
The approval by the City of a building permit for a telecommunication tower shall be
conditioned upon receipt by the City Manager of the following:
1) Either a surety bond or standby letter of credit, acceptable to the City
Attorney as to form and financial condition of the issuer, securing the obligations of
the applicant to remove the communication tower, accessory buildings and
equipment, as required by Section 33-307(21). of this Ordinance. The bond or
letter of credit shall be payable to the City and shall provide to the City funds equal
to the lesser of $25,000 or 150% of the estimated cost of dismantling and
disposing of the facilities, as evidenced by a certificate of a professional engineer
licensed in the State of Florida, or other evidence reasonably satisfactory to the
City Manager. Each such bond or letter of credit shall be maintained in force the
term of any lease with the City, or for a minimum of 15 years and thereafter for
additional periods designated by the City Manager if the tower remains in place at
the end of the original fifteen year term. The security shall be payable to the City if
the applicant is in default of its obligation to dismantle the tower and funds shall be
used to pay the cost of dismantling and disposing of the facilities.
2) An easeriient gralItcd lw tha faa owner of the land Ender the tower, and
between the tower and the nearest pubic right-of-way, in favor of the City, to
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provide access to the tower site.
3) Written permission from all record owners, beneficial owners, and
leaseholders of the tower in a form acceptable to the City Attorney to enter upon
the site and to remove and dispose of the tower.
Section 2. The provisions of this Ordinance shall become, and be made a part of
the City of Dania, Florida, Zoning Code of the Code Ordinances. The sections of this
Ordinance may be renumbered and the word "ordinance" may be changed to "section," or
"article". In no case shall any provision be read to eliminate any requirements for a
franchise, license or other authorization to occupy the affected property.
Section 3. All ordinances or parts of ordinances in conflict herewith shall be, and
the same are, hereby repealed to the extent of such conflict.
Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to
be invalid or unconstitutional by any court of competent jurisdiction, then the holding shall
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in no way affect the validity of the remaining portions of this Ordinance.
Section 5. This ordinance shall be in force and take effect immediately upon its
final passage and adoption.
PASSED AND ADOPTED on First Reading on the 25 day of November, 1997.
PASSED AND ADOPTED on Second and Final Reading on the 13 day of January, 1998.
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MAYOR 0 ISSIONER
ATTEST:
G
CITY CLERK -AUDITOR
APPRj AS FORM AND CORRECTNESS:
CITY A ORNEY
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SUN-SENTINEL PASTE:COPY OF LEA:AI,NOTICE:IIE:RV
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
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STATE OF FLORIDA
COUNTY OF BROWARD/PALM BFACII
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in said newspaper is the issues Of
Affiant further says that the said Sun-Sentinel is a newspaper Published is said Broward/
palm Beach County, Florida, and that the said newspaper has heretofore been costiouously
published is said Broward/Palm Beach Couoly,Florida,each day,and have been entered
as second clans matter at the post office in Fort Lauderdale, in said Broward County, Florida,
for a period Of class
one year Heil preceding the first publication of the attached copy of advertise-
ment,and af[iaol says that he has neither paid nor promised any person, firm or corporation
may t,and aff rebate,commission or refund for the purpose f securing this advertisement
[or publication in said newspaper.
(Si oat re of�f[i J
9 z off /„
Sworn to and srbscribed before me this 1,� d -19r��"-
19 '9
(Signature of Notary Pubtf ara L eezar.
sa; or. r :2n�ss rxpi�e_
JU-Y 20,2001
(Name of Notary type , printed rinted or stamped) TH'U TROY FAIN[�Uu EE, h
personally Knows or Produced IdcntiGcatiou_____—
1
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CITY OF IJANIA
NOTICE OF PUBLIC V EARING
DANIA CITY CI IPA SSION
NOTICE OF CHANGE TO Z' DNING CODE TEXT
The City of Dania, Florida proposes to adopt the following ordinance. A public hearing on
the proposed ordinance will be held by the Dania City Commission on Tuesday, November
25, 1997 and December 9, 1997 on or after 7:30 p.m. in the City Commission room of Dania
City Hall, 100 West Dania Beach Blvd., Dania, FL. The title of the proposed ordinance which
encompasses the proposed changes is:
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER
28, BY CREATING ARTICLE VIII, "TELECOMMUNICATION TOWERS AND
ANTENNAS"; PROVIDING INTENT AND DEFINITIONS; PROVIDING MINIMUM
STANDARDS FOR LOCATION AND APPROVAL OF TELECOMMUNICATIONS
TOWERS; PROVIDING MINIMUM STANDARDS FOR LOCATION AND AP-
PROVAL OF COMMUNICATIONS ANTENNAS, PROVIDING ADDITIONAL US-
ES; PROVIDING FOR SHARED USE OF COMMUNICATIONS ANTENNAS;
PROVIDING FOR INSPECTIONS; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY PROVIDING FOR INCLUSION; PROVIDING FOR AN EF-
FECTIVE DATE.
�— El I Y IP 11ANIA
Mw l 4sn
Copies of the proposed ordinance are available for viewing and purchase at the office of the
City Clerk, 100 West Dania Beach Blvd., Dania, Florida between the hours of 8:00 a.m. and
5:00 p.m., Monday - Friday.
Interested parties may appear at the public hearing and be heard with respect to the
proposed ordinance.
Any person who decides to appeal any decision made by the Dania City Commission with
regard to any matter considered at this meeting or hearing will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
Terry Virta, AICP
Growth Management Director
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