6331-98 k
ORQINAtLCE NO.6331-9
AN ORDINANCE OF THE CITY OF CLEARWATER,
LOW
DA, RELATING TO THE LAND DE\l`ELC)PMEN°i
CODE,; AMENDING SECTIONS 35.11,, 40.234, 40.304,
40.324., 40.344, 40.384, 40.404, 40.424, 40.434, 40.444,
40.464, 40.474, 40.503, 40.524, &40.544, AND 41.053, AND
"I EA'Tl,NG SECTION 41.281, CODE ORDINANCES, TO
ESTABI_I H `STAN l3AR S 31 THE SITING, DESIGN,
i1P1 Al T' =:1'�iAlk10E, A1�C USE F TELEC � CATIONS
FC l�i �C AN E���C�l�
TOWERS AND ANTENNAS; F
DATE.
WHERE , the technology of telecommunications has, cl�ar� ed
considerably over the past several years, making wireless 'commun;�%io€� and direct
broadcast systems more popular; and
WHERIEAS, the federal Telecommunications Act of 1996 prov deb that!local
ro
dnts may regulate the location of telecommunications, its th zoning
go ernr ions, but that no local regulation o legal requirement h it
With certain iimita
or have the eff6ct of prohibiting the ability of any entity to provide any interstate or
intrastate telecommunications service,and
WHEREAS, the City Commissions this the technology Clearwater pile optimizing the
enhance the ability, cif residents,to make use od tr�as n� y
number of towers s�r�d antenna
s needed `throughout flee Cite end updating its ILarad
Development Code to comport wi provisions of the Telecommunications Act of 1990;
now,therefore
BE IT ORDAINED BY THE CITY COM MISSION OF THE
CITY' OF CLEAR ATE ., FLORIDA
ec . ��Ection 35.'11`, Code of Ordinances, is amended to read:
_Sion 1 Sec. 35A I. Definitions.
Antenna rr e<3ns any e�cterior ag�paratus desioned for ateleohonic radio, or television
c rr�rntihicatidr�s,l� Lou h tree sendin or recc��v6rw of electro saon tic waves.
.
FAA mea.m;the Federal Aviation Administration,
FCC mearLS the Cdecieral Communications Commission.
* * *
Telecom n1l i icarions fewer' paeans and structure that issde did and
sip fioortin
��irnaril� for� ?�'�osc of su� � e or more antenna ��..��-----�
lattice tawmers a towers, or_02gno2,ole towers. The terms includes radio and television
transrnisslon t€ wEir, microwave towers. <common carrier towers. cellular` telep hone
Lowers, PCB to r , alternative tower structures and the like.`
Use. referring Lo a user of a telecommunications tower, means erly ir�de ersdent
er�ti r Which is maeketina a telecommunication service or rsroyidina a g_overnment sei ice.
Section' 22. Sections 40.284, .40.304, 40.324, ;40.344, 40.304, :40.404, 40.424,
40.434;40. -44, 40.46x4, 40.474, 40:503, x10.524, and 40.544, Cade of Ordinances,
are amend ad to reed:
Sec. 40.284. Conditional uses.
Within limited office districts, the following uses may be allowed as conditional
uses:
X12 Telecommunications towers.
Sea. 40.304. Conditionall uses.-
Within general office districts, the following uses may be allowed as conditional
uses:
} (7) Telecommunications tourers
C
Sec. 40,324. Conditional uses.
ithin neighborhood commercial districts, the following asses may be'allowed as
conditional uses:
(16) Telecommunications towers.
ORDINANCE NO.6331-1$
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Sec. 40.3 44. Condliflonai uses.
Within north greenwood commercial districts, the following uses may be allot
AMd as
'conditrional uses:
(10) T'elecornirriunicetions towers.
Sec. 46.384. C6nd`l#jonal rises:
Within re0®rt commercial 24 districts, the following uses may 'be allowed as
conditional uses:
`1 'T'elecorrrffiunications towers, exce t on Clearwater Beach.
Sec.40.404. Cd'ndlltlonal:uses.
Within resort commercial 28 `'dlistricts, the following , uses may be allovied as
conditional uses:
t Telecorriric�nicatiori towers, except ern Cle rwat+er Beach.
Sec. 40.424. Conditional u,..
°thin general commercial districts, the following ;uses may be allowed as
conditional uses:
(20) Telecorrimiunications towers.
Sec.40.434. Conditional uses;
ORDINANCE NQ,6331-98
3
i
Within infill commercial districts, the following uses may be allowed as'conditional
uses:
( lacommunications tourers.
Sec.'40,,444.1 Cbriditional uses.
Within high w!ay commercial districts, the following uses may be allowed as
conditional uses.
(19 Telecarr�munications towel
Sec® 40.464. Conditional uses [Commercial Center District].
(14) Telecommunications towers.
Seim 40.474. Con4litional uses.
VIVithin dowlitown/ nixed use districts, the following uses may be permitted as
conditional uses",
17 Telecor sr��unicatioras tov�ers.
Sec. 40.501 Permitted uses.
Within limited industrial districts, only the following uses and structures designed
for such uses shall ba permitted
(17) Telecommunications tol rs.
ORDINANCE NO.6331-98
G�
Sec. 46.624. Conditional asses.
Within research, development and office park districts, the following uses may be
allowed as conditional uses:
5;
(8) Telecommunications towers:
Sec. 4 .5" . Condliiflo nal uses.
Within publi6tsie mipublic districts, the following uses may be permitted as
conditional rises:
(6) Teleoomitnications towers, except on Clearwater Beech.
Section 3 Section 41,053, ;Code of Ordinances, is amended to read:
Leo. 41.053. Sup pliShirent ry standards by category of use.
30d) Telecommunications towers may be allowed within the limited o1 ice
general 'office. ne'i( lliborhood commercial, I north reenwood commercial, resort
commercial 24'�;(ej(ceptt on Clearwater 'Beach); resort commercial 2f3 jaxce t on
Clearwater eacl^i)�_cerieral commercial, i ifiill commercial, highway rnme dr iei,
commercial center downtown/mixed use. and research. development and office 15ark
upon determination trait the use complies with all of the ener al standards contairii d in
section 41052 and sub ect to all standards for telecommunications towers contained in
section 41131 ei[e the pi dosed site is within or adjacent to a scenic`noncom mE vial
corridor desi riatgd by the Pinellas Planning Council. additional consideration and
scrutin,� hell be'CiillEM to aesthetic concerns and to compatibi& with the surrounding
land uses'and the natural environment.
x
Section 4. Division 14. Section 41.231, Code of Ordinances, is created to read:
21VISION 4.. TELECOMMUNICATIONS TOWERS AND ANTENNAS
ORDINANCE NO.6331-98
5
Sec. 41.281.Telecommunications towers and antennas.
(1) Puryose and goals. The purpose of this section is to establish Cleneral
standards for the silting of telecommunications towers and antennas. The gg is are to
encourage the use of existing structures as an alternative to new tower construction to
encourage the ioinik use of new towers to endoura the design and _construction o$
towers and anten GIs which minimize the adverse visual impacts,_and to enhance the
ability of providers of telecornmunications-services to furnish such services within the Ci
oickly. effectively and efficiently. It is not the intent of the City to discriminate am
Providers of functionally eCUivalent services, or to prohibit or have the effect oa pro ibitir3
the provision of.personal wireless services.
f2L--A-mficgbilJtv. Telecommunications towers and antennas installer ` and
r..,.` maintained in accordance with this section are exempt frorn the heidht limitations or'
buildings and structures set forth elsewhere in this code. The requirements set fcfa rth M
this section shall overn_the hei€, ht of towers and antennas. The installation of an antenna
on ,a building which_is nonconforming in terms of current 'heip�ht'°limitations shall riot be
deemed to constitute the expansion of 'a nonconforming use. The installation 'of an
antenna on an existing tower which is nonconforming in terms of the provisions of this
division shall not be deemed to constitute. the expansion of a nonconforming use.
Amateur radio antennas operated by federally licensed amateur radio station o or
are exempt from the provisions of this section. Home satellite dish antennas whic
one meter or less !in diameter and similar receive-only antennas 'are considered a,
residential accessary use: and are exempt fr_om the reouirements of this section.
Antennas. Antennas are an accessary use in all zoning districts. antennas
may be installed oror� structures, such as buildin s or other freestanding structures,
provided the installation adds no more than 20 feet to the height of the structure_ap�d the
antennas and sup Ming electrical and mechanical eguipment are neutral in colt r and
identical to, or closely compatible with the-color of the suppom lin structure so`as to;make
the antennas and related ecuibrnent'as visuals unobtrusive'as possble. 'Where �ji le,
antennas should be architect urallv screened or integrated into architectural elements. All
antenna installations,shall require a bermit'from the City. No li htinq shall be permitted,'
except as may be laic uirlreed by the Federal Aviation Administration
TelecO nmunicafions Towers.
(a)` Joint Use of Existing Towers Required as an Altematiye to New Tower
Con,stivdion. Joint use of existing telecommunications towers or other
existing buildinqs or structures is required as are alternative to nee°v tower
construction whenever feasible Therefore, anyone considering new tower
constriction must first explore other ogtions. Prior to the issuance of any
buil in rmit for a new tower, a determination must be made that no
existing tower or mother structure is available as a reasonable alternative. An
a l' nt
g , estina a cerrnit for a new tower shall submit evidence to the
Clgt supports a concriusion that no reasonable use can be made of� an
existing tower or structure. The evidence shall cleari establish one or
more cif the following conditions:.
ORDINANCr NO.5331-9€
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No existing ttower or structure is located within the eogra hic area
reauired to meet the goplicant's coverage re gad irements.
2 EXisting towers or structures are not of sufficient height to meet the
Molicant's entaineerina reauirements.
3. Existinc
i towers or structures do not:have°sufficient structural stre t
ti?.support the applicant's prODosed antenna and related eguipmgInt.
4. l°Fie a�p nt's voposed antenna would cause electro!j!a g setic
interference with or would be interfered with by other amenni s if
gllaced one existina tower or structure:
5. lllie fees, costs or contractual provisions required by the owner�n
carder to share an €xistin tower or structure for a time ea iiod c
years. exceed the cost of deyelogin,g a new tower.
6. It is not financially feasible to modify or replace an existing tow DDr to
accorr modate the raroposed antenna.
7. 1Tie applicant demonstrates,that there are other legitimate lin itig
factors that render existing towers and structures unsuitable.
(b) P'e rfnitted Use Modifications or Replacement of Towers 'and LM
Structures to Accommodate Co-location by Administrative reviewr
L11 l , odi idatiorg or Repla acernent, of Existir, i eleoor munications
Towers.
i e istii elecorr m nications tower mgy be modified dr reol �ced
to accommodate the co-location of antennas as as iaei as
ollow's:
J) Telecommunications towers 'which, when modified or r ecd
will conform to the requirements of the Code: may be modified or
elocated on the same zonin_lot.
LID_) Telecommunications towers which, when modified or replaeed
mm•ill not conform to the requirements of the Code, may be increased
in height. o to forty feet above the originally a roared height t ar d/or
relocated on the same zoninci lot, one time, within 75 feet of the
gxistinp location 'Without regard to setbacks or height related
li rn ita3tions.
c After a telecommunications tower is reoJ?:ed.. as provided
herein, the existing telecommunications aications tower scull. be r erg atwed
wi1[hin 90 days.
Ld) The modified or replaced telecommunications tower shall be
either of the same Woe as the existing telecommunications tower or
a jngnMiole.
(2) Mod fibation or Replace ent of Existing Utility structures Other than
-
Telecommunications Towers.
An e ist n utilitv structure, such as light poles� ow®er noles, electrical
ORDINANCE NO.6331-98
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transmission towers and the like may be modified or replaced to
accommodate both its prior function. and to service the placement of
anteran, as folio rs:
�a) Such structures which, when modified or replaced, will conform
to the height and placement requirements of the Code fe'r the
primary structure so modified or replaced. may be modified or
lrelocated on the same zoning lot within the re uimmpnts of the
geode.
f b Such structures which, when modified or replaced. will not
conform to the height and ,placement reauirernents of the Codes
!:he primary structure, may be:
1 Increased in Height, onetime.
LaL if a distance greater than 100% of the height of the
modified structure from any single-family res'sdentk
structure , up to 50% of the height of the existing
structure or a total of 140 feet whichever is less* or
if a distance less than 100% of the height of tide
modified structure from any single-family residential
structure, up to 5% of the height of the existing
structure or a total of 140 feet whichever is less
and/or
L2j_Relocated on the same zoning lot, one time a'Lhin
50 feet of the existin location. with adrninlst,atrve'
review and without conformance with anv other
setback, separation or height related reouirernent
contained herein.
{3The modified or relocated structure shahcorr� I
with all aDr)licable FCC and FAA regulations and
arplicable building codes.
(c) Joint :,Use of New Towers Reguhed. Joint use of arty, new
telecommunications tower is reed whenever feasible. In order to
rp orr,ot(d ioint use of new towers, prior to the issuance of a boildino eLmit
for' a new tower, the applicant shall demonstrate a commitment to point use
as follows_
_ Solicitation of Additional Users. The arplicant recuestin the
shall submit evidence to the Cif demonstrating that a s uing- effort
has been made to solicit additional users for the proDosed new
tower. Evidence of this effort shall include, at minimumcopies of
notices sent by re iists Bred mail, return receipt requested, to all other
I)roviders of cellular and personal communication services in Pinellas
f
ORDINANCE NO.6331-48
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j '
1:�ount�Florida, advising of the intent to construct a, new tower:
identifying the location, inviting the joint use and sharing of costs,
and requesting a written resgonse,within 15 days.
2. a r+ bra ent to Allow Future Taint (Use. The aoDiicant shall sign an
instrument, which shall be maintained by the Oily" agreeing to
encourage and promote the ioint use of telecominnacations t'o�v�ers
within the City and. to that extent: committing that there shall 'be no
unreasonable act or omission that would have the eff ct?et of
excludiri , 'obstructing or delayin q the joint use of any tower where
fair and asst market reasonable compensation is offered for`such
use.'
__aesi@j Standards.
1. Heicht. 'Single user towers are allowed a maximum height )f 120
feet. Towers designed for oint use maybe reag_ ter in height prtavided
the additional heiaht is constructed coincident with the actuall, use.
Furthermore, existing con o.0 g towers may be increased in height
to accommodate additional usegs'without a conditional use permit.
rowers designed for tivo user are allowed a' axirnum height of 140
#eet. Towers desiried fob three or ;more users are allot'ed a
maximum height of 100 feet:
2. Setbacks:
a. From Residential uses. Tourers shall be set back from
existing residential uses a'distance equal to the heictof the
towver. The disti�ir ce shall be measured fro Y^ the base of the
tourer to the residential pronertline.
b. From Historic Districts and Listed Stnictures. Towers shall be
set back at minimum of 500 feet from any National Re icy,ster:
Historic District and from anv individual structure listed 'iin the
National"Register of Historic Places.
c,. From Proa2dy Lines. Towers shall be set back from property
lines in accordance with the re uirl rements' set forth in the
zoning district regulations.
3. Color and Finish. EKcept for ainting or marking required by the F
towers and supporting structures shall be a i2eutral, icon-glare c��lor or
finish.'so as to reduce visual-obtrusiveness.
4. Fe,2cing. Towers:shall be enclosed by six'foot high se%;urity fence.
5. Lat7dsce incil 'creer inn— The perimeter of the tower site shill be
buffered' with shrubs selected and placed to screen the base of the
tower 'arid, to the extent possible, with trees selected and placed to
minimize the vertical scale of the tower. A minimum of ten f et of
landscape buffer shall_be provided around the outside of the reggLred
ORDINANCE NUJ,6331-99
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towers and antennas S!ARII comply :.pith ol! ap_piicabl� relations and safety standards)of
the Federal;Aviation c ministration the l°soars! Communications CnrramisLion, and, apY
other ac„�cy with 6au' laltory dthotity.
eccion S.I `.T
fs�� provisions,s ors of this ordinance are fos.�rsci and deterr�lirsed .to �e
consistent ith'tt'e, City of Clearwater Comprehensive 'Plan. Ji
Section 6. This ordinance shall take effect immediately,upon adoption.
PASSED O P1��, � October _ i
� R ,1711I1IC � 998�
I
PASSED C E'C.l�I�ll��t��
;`ll�AL F:: l�l !C': Ah1UAD{)PTE® October 15, 1998
I
1
fi
Rita Garvey, Mayor-Corohissioner
Approved as to forms: Attest:
Leslie K. rasagail=_ ides Cyrs is E. Go dea�a, pity,Clerk
Assistant
Att�arrse�� t
ORDINANCE NO.632�1-98
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