title
COMMUNICATION TOWERS AND WIRELESS FACILITIES (PETITION NO. 170-TCH-03 PB) (B)
recommendation
The City Commission approve the temporary postponement of this ordinance/petition pending action in the State legislative regular session at the recommendation of the Interim City Manager and City Attorney.
explanation
In 2003, the Florida Legislature amended section 365.174, F.S., specifically subsection (11), regarding wireless services. On the auspices of enhancing the E911 service provision, in part the 2003 amendments encouraged collocation and tightened deadlines for a local government's grant or denial of applications for wireless facilities. Furthermore, with regard to local governmental regulation, consistent with federal code requirements, local governments are prohibited from requiring evidence of compliance with federal regulations.
Petition 170TCH-03 PB, regarding wireless facilities, was heard by the City Commission last March and again in June. At the March 2004 meeting, the Commission recommended approval; however, the Commission directed staff to work with the industry on outstanding issues. At the June 2004 petition hearing, the Commission approved the petition, but requested staff to further investigate what other communities do to encourage replacement of older towers; asked staff to review setbacks (claimed by the industry as excessive); and asked staff to investigate opportunities for camouflaged towers on public assembly-type buildings, even those located in residential areas.
With regard to the June Commission comments and concerns, Planning staff reports that the current Code contains replacement provisions in Sec. 30-98(5). This section remains in the pending petition and allows replacement of existing towers, even if the existing tower does not meet the minimum distance requirements, and allows the replacement of existing towers to allow for the collocation of one or more additional users. The height of the tower...
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