O-297-C
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CITY OF CLERMONT
ORDINANCE
NO. 297-C
AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA, RELATING TO SITING REGULATIONS FOR WIRELESS
COMMUNICATION FACILITIES; CREATING ARTICLE VI AND
CREATING THE FOLLOWING NEW SECTIONS IN ARTICLE VI OF
CHAPTER 122 OF THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT KNOWN AS THE LAND DEVELOPMENT
REGULATIONS; SECTION 122-375 INTENT; SECTION 122-376
DEFINITIONS; SECTION 122-377 ANTENNAS; SECTION 122-378
ANTENNA SUPPORT STRUCTURE; SECTION 122-379 ACCESSORY
EQUIPMENT BUILDING; SECTION 122-380 COLLOCATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONDIFICATION; PROVIDING FOR PUBLICATION AND AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AS FOLLOWS:
SECTION 1.
Chapter 122 of the Code of Ordinances of the City of Clermont is hereby arnended by
adding a new Article VI entitled "Siting Regulations for Wireless Communication
Facilities" to read as follows:
ARTICLE VI
SITING REGULATIONS FOR WIRELESS COMMUNICATION FACILITIES
Sec. 122-375. Intent.
The regulations and requirements ofthis Article are intended to:
A. promote the health, safety and general welfare ofthe citizens by regulating the
siting of wireless communication facilities;
B. accommodate the growing need and demand for wireless communication
services;
C. provide for the appropriate location and development of wireless communication
facilities within the City of Clermont;
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ORDINANCE
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D. minimize adverse visual effects of wireless communication facilities through
careful design, siting, landscape screening and innovative carnouflaging
techniques;
E. encourage the location and collocation of Antennas on existing structures thereby
minimizing new visual impacts and reducing the need for additional Antenna
Support Structures; and
F. further the balance between the need to provide for certainty to the
communications industry in the placement of wireless communication facilities
and the need to provide certainty to the residents and citizens of the City of
Clermont that the aesthetic integrity of the City of Clermont will be protected
from the proliferation of unnecessary Antenna Support Structures.
Sec. 122-376. Definitions.
A. Accessory Equipment Building - Any building, cabinet or equipment enclosure
constructed for the primary purpose of housing the electronics, backup power,
power generators and other free standing equipment associated with the operation
of Antennas meeting the size limitation of all accessory buildings as set forth in
the City's Land Development Regulations.
B. Antennas - Any apparatus designed for the transmitting and/or receiving of
electromagnetic waves which includes but is not limited to telephonic, radio or
television communications. Types of Antennas include, but are not limited to,
whip antennas, panel antennas, dish antennas. As used herein the term Antenna
includes all antennas integrated and used as a single unit, such as an antenna array.
For purposes of this ordinance, the following shall not be considered Antennas and
shall not be regulated by this ordinance: privately owned amateur radio and
citizens band antennas irrespective of height and diameter; and antennas with a
total diameter or width, including all parts of the antenna arrays, of two meters or
less in commercial or industrial areas, or one meter or less in all areas if mounted
to greater than 3 feet above the roofline.
C. Antenna Support Structure - A facility that is constructed and designed
primarily for the support of Antennas, which include the following types: (i)
Guyed Tower-A tower that is supported in whole or in part by guy wires and
ground anchors or other means of support in addition to the superstructure ofthe
tower itself; (ii) Lattice tower-a tower that consists of vertical and horizontal
supports and crossed metal braces, which is usually triangular or square in a cross
section; (iii) Monopole - A tower of a single pole design; and (v) Carnouflaged
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D. Structure-A structure designed to support antenna and designed to blend into the
existing surroundings. Privately owned amateur radio and citizens band antennas
support structures shall be exempt from this ordinance.
E. Collocation - When more than one FCC licensed Provider uses an Antenna
Support Structure to attach Antennas.
F. Existing Structures - any lawfully constructed man-made structure including but
not limited to Antenna Support Structures, building, utility structures, light poles,
clock towers, bell towers, steeples, water towers and the like, which allow for the
attachment of Antennas.
G. FAA - The Federal Aviation Administration.
H. FCC - The Federal Communications Commissions.
I. Provider - An FCC licensed communications company.
J. Temporary Antenna Support Facility - A facility that is designed and
constructed to serve, on a temporary basis, as a means of supporting Antennas and
is used typically to provide emergency wireless communications service or to
provide wireless communications service to special events.
K. Search Ring - A geographic area in which a Provider's Antenna is intended to be
located to serve the Provider's coverage area.
Sec. 122-377. Antennas.
A. Where Permitted. Antennas attached to Existing Structures shall be permitted in
C-2, M-l and CBD districts and on property owned and operated as public and
semi-public facilities or utilities.
B. Requirements. All Antenna installations shall meet the following requirements:
1. Antennas may be located on Existing Structures with a height of thirty (30)
feet or greater, so long as the Antennas do not extend more than fifteen
(15) feet above the highest point of the Existing Structure, and as limited
by 3., below;
2. Antennas may be located on Existing Structure with a height of less than
thirty (30) feet, so long as the Antennas do not extend more than five (5)
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ORDINANCE
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feet above the highest point of the Existing Structure, and as limited by 3.,
below;
3. Antennas to be located on Existing Structures in public road rights-of-way
may only be located in collector, arterial or limited access road rights-of-
way;
4. No advertising shall be allowed on an Antenna;
5. No signals, lights, or illumination shall be permitted on an Antenna, unless
required by any applicable federal, state or local rule, regulation or law;
6. Antennas shall comply with all applicable Federal Communications
Commission emission standards;
7. Design, construction, and installation of Antennas shall comply with all
applicable local building codes;
8. Accessory Equipment Buildings used in conjunction with Antennas, if
located on the ground, shall comply with the minimum accessory building
setback requirements of the zoning district in which they are located.
C. Approvals. All Antenna and Accessory Building installations shall require site
plan approval by the City Planning & Zoning Department and City Building
Department when applicable.
D. Non-conforming Antennas. All Antennas legally installed at the time of initial
installations may be repaired, replaced and/or relocated at an equal or lower
height on the Existing Structure.
Sec. 122-378. Antenna Support Structure.
A. Where Permitted: Antenna Support Structures shall be permitted only as a
conditional use following the procedures for Conditional Use Permits as found in
the City Land Development Regulations and only in areas zoned M-l or on sites
owned and operated as public facilities by the City or other governmental unit or
public utilities.
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B. General Requirements for Antenna Support Structures.
1. To minimize adverse visual impacts associated with the unnecessary
proliferation of Antenna Support Structures, the location of Antennas on an
Existing Support Structure shall take precedent over the construction of
new Antenna Support Structures. Therefore, as a condition of approval for
all new Antenna Support Structures, a Provider shall demonstrate that it is
unable to locate its antenna on suitable and available Existing Structures
within the Search Ring on commercially reasonable terms.
2. All newly installed support structure shall be carnouflaged.
3. Antenna Support Structures shall be constructed in compliance with all
applicable construction-building codes, which shall include Electronic and
Technological Industry Association standards, as amended.
4. An Antenna Support Structure may be located on a zoning lot containing
other principal uses and may be located within an area smaller than the
minimum lot size of the applicable zoning district if the zoning lot within
which the Antenna Support Structure is located complies with the
applicable minimum lot size for the existing principal use or is a legal non-
conforming or grandfathered lot.
5. Unless another section ofthis [ordinance, chapter, or applicable
designation for the telecommunications ordinance portion] indicates
otherwise, the area within which the Antenna Support Structure is located
shall be the area subject to the requirements ofthis section, rather than the
entire zoning lot.
6. Height Limitations. Support Structures and attached antennas shall not
exceed 140 feet in height. Measurement shall include base pad, structure,
and any other attachments.
7. Setbacks and Separation. The following setbacks and separation
requirements shall apply to all Support Structures and Antennas; provided,
however, that the governing authority may reduce the standard setback and
separation requirements ifthe goals of this ordinance would be better
served thereby.
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ORDINANCE
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a. Towers must be set back at least a distance equal to two times the
height of the tower from the property line on which the tower will be
located if adjacent to any residential structures.
b. Guys and accessory facilities must satisfy the minimum zoning district
setback requirements. Towers that are located on property that is not
adjacent to resident land uses must be setback a minimum of 100 feet
unless adjacent to a wetland area that is a minimum of 100 feet from other
upland areas.
c. Wireless Communication Facilities to be located on the primary roof of
a structure shall be set back one (1) foot from the edge of the primary roof
for each one (1) foot in height above the primary roof of the structure.
This setback requirement will not apply to camouflaged facilities or those
facilities screened from view by panels, walls, fences or other screening
techniques approved by the City.
d. Tower shall not be located within 3000 feet of an existing tower
regulated under this ordinance, as measured in a straight line,
8. Fencing. Security fencing may be required as determined necessary by the
City of Clermont's Site Review Committee.
9. Buffering. The Tower and equipment structures shall be separated from
adjacent residential properties or street rights-of-way with a minimum 10
feet of landscaped area consisting of plants and materials meeting the
City's minimum landscape buffer requirements except that trees shall be
spaced no greater than 30 feet.
10. 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 same within ninety (90) days of receipt of notice from the City
Council notifying the owner of such abandonment. If such antenna or
tower is not removed within said ninety (90) days, the City of Clermont
may remove such antenna or tower 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.
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11. Prior to the issuance of a building permit, the applicant shall provide
evidence that the Antenna Support Structure is in compliance with F.A.A.
and Local Aviation Administration regulations.
12. No advertising shall be allowed on the Antenna Support Structure.
13. No signals, lights, or illumination shall be permitted on the Antenna
Support Structure, unless required by any federal, state or local agency, or
such lighting or illumination is part of the design of a camouflage structure.
14. The only signage that may be permanently attached to the fence or wall
shall be for the purpose of identifYing the party responsible for the
operation and maintenance of the facility, its address, and telephone
number, and security or safety signs with a maximum of four (4) square
feet.
15. Mobile or immobile equipment not used in direct support of the wireless
facility shall not be stored or parked on the site, unless repairs to the
antennas and related equipment and/or to the Antenna support Structure are
being made.
Sec. 122-379. Accessorv Equipment Building.
Accessory Equipment Buildings used in conjunction with the operation and maintenance
of Antennas shall be permitted subject to the following requirements:
A. Shall not exceed 600 square feet of gross floor area per Provider;
B. If ground constructed or mounted, shall not exceed twenty (20) feet in height;
C. Shall be located within close proximity, as is reasonably possible, to the structure
upon which the Antennas are attached;
D. If ground constructed or mounted, shall meet the underlying zoning district
setback requirements for structures;
E. Shall be designed, constructed, and installed in compliance with all applicable
local building codes. Ifpre-fabricated, shall be certified by the State of Florida
under all applicable state laws; and
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ORDINANCE
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F. Shall be of a material and/or color, which match the exterior of the Existing
Structure, if any, where the Antennas are located.
Sec. 122-380. Collocation.
To encourage a reduction in the number of Antenna Support Structures that may be
required to site Antenna in order to meet the community's increasing demand for wireless
service, Antenna Support Structures shall be structurally designed to accommodate the
collocation of Antenna as follows:
A. All Antenna Support Structures shall be structurally designed to accommodate at
least three (3) Providers.
SECTION 2.
Publication and Effective Date. This Ordinance shall be published as provided
by law and it and shall take effect immediately upon its Second Reading and Final
Passage.
First Reading on the 9th dal of May, 2000.
Second Reading on the 23' day of May, 2000.
PASSED AND ORDIANED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS 23RD DAY OF MAY, 2000.
AROLD S. TURVILLE, JR., Mayor
ATTEST:
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~PH~CityClerk