title
LAND DEVELOPMENT CODE AMENDMENT - COMMUNICATION TOWERS AND WIRELESS FACILITIES (B)
Ordinance No. 0-04-93; Petition No. 170TCH-03 PB
An ordinance of the City of Gainesville, Florida; amending section 30-98, City of Gainesville Land Development Code, relating to wireless communications facilities and antenna regulations; extensively updating the regulations for compliance with the Telecommunications Act of 1996 and state law; adding definitions; adding provisions for collocation and the modification of existing wireless communications facilities for consistency with state law; adding provisions for construction of new camouflaged towers and monopole towers; adding provisions for wireless communication facilities in historic districts; providing for unused or abandoned towers; describing the land development or zoning related submittal requirements for new wireless communications facilities; providing for applicability of these provisions to applications filed on or after July 1, 2005; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance as amended.
explanation
This ordinance is a part of the overall update of the City's Land Development Regulations. Specifically, the proposed amendments are to Section 30-98 of the Land Development Code, regarding transmitter towers, retransmission and microwave transmission towers, and antennas. Extensive changes to this section are proposed to update the regulations for compliance with the Telecommunications Act of 1996 and recent changes to state law.
This ordinance requires two public hearings. A public hearing was held on August 8, 2005, the first reading of this proposed ordinance. At first reading the City Commission directed staff to clarify the process required when the City receives and processes an application for a new camouflage or new monopole tower. The changes are described in greater detail below and affect subsections (f) (camouflaged towers) and (g) (monopole towers) of the ordinance.
The following changes are presented for approval at second reading and appear in double-underline in the attached draft:
* Page 8, beginning at line 10 - Subsection (f) (camouflaged towers). Language is added to clarify that a camouflaged tower will be permitted, where allowed, in accordance with the development review standards stated at paragraph (4).
* Page 8, beginning at line 36 - Paragraph (4) of subsection (f). Language is added to clarify that the application will receive intermediate level review, to state that the application will be heard before the Development Review Board (unless a special use permit is requested when the application will be heard before the Plan Board), and to clarify the language on fees that the City may require for such consideration.
* Page 9, beginning at line 24 - Subsection (g) (monopole towers). Language is added to clarify that a camouflaged tower will be permitted, where allowed, in accordance with the development plan review standards stated at paragraph (8).
* Page 11, beginning at line 1 - Paragraph (8) of subsection (g). Language is added to clarify that the application will receive intermediate level review, to state that the application will be heard before the Development Review Board (unless a special use permit is requested when the application will be heard before the Plan Board), and to clarify the language on the fees that the City may require for such consideration.