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O-297-C . - . 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; 4t . CITY OF CLERMONT ORDINANCE NO. 297-C Page 2 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 . . CITY OF CLERMONT ORDINANCE NO. 297-C Page 3 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) . . CITY OF CLERMONT ORDINANCE NO. 297-C Page 4 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. . . CITY OF CLERMONT ORDINANCE NO. 297-C Page 5 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. . . CITY OF CLERMONT ORDINANCE NO. 297-C Page 6 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. . . CITY OF CLERMONT ORDINANCE NO. 297-C Page 7 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 ... . . CITY OF CLERMONT ORDINANCE NO. 297-C Page 8 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: ,/' ~PH~CityClerk