Ord. No. 10-90-1450ORDINANCE NO.10-90-1450
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTHMIAMI,FLORIDA,AMENDINGSUBSECTION (15)"SATELLITE
ANTENNAE"BY ADDING MICROWAVE ANTENNAS AND AMENDING
SUBSECTIONS (a)(b)THEREUNDERANDDELETINGSUBSECTION (15)(c)
OF SECTION 20-3.4,SPECIAL USE CONDITIONS OF CHAPTER 20,LAND
DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES
BY SPECIFYING NEW TERMS AND CONDITIONS FOR LOCATION,
LANDSCAPING,DIAMETER,HEIGHT,SETBACKS,GROUND COVERAGE,
COLOR,NUMBER PERMITTED,INSTALLATION,MAINTENANCE AND PERMIT
REQUIREMENTS;REPEALINGALL ORDINANCES ORPARTSOFORDINANCES
IN CONFLICT HEREWITH,PROVIDING FOR SEVERABILITY AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,The City of South Miami,through its Environmental
Review and Preservation Board,encourages excellence inthe quality
of architectural and environmental design andby promoting the
orderly,harmonious and attractive development and redevelopment
of the community in keeping with the goals of the Comprehensive
Plan;and
WHEREAS,satellite earth stations and microwave antennas have
grown in usage,particularly in the City of South Miami,
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSIONOFTHECITYOFSOUTHMIAMI,FLORIDA:
SECTION 1.That subsection (15)"SATELLITE ANTENNAE"(a)(b)
of Section 20-3.4,Special Use Conditions of Chapter 20 Land
Development Code of the City of South Miami Code of Ordinances be
amended as follows:
(15)SATELLITE ANTENNAS:Satellite earth stations,restrictive to
the sole purpose of receiving and amplifying microwave signals for
television reception shall be permitted as a Special Use in
residential and commercial zoning districts,and microwave
antennas,restricted to the sole purpose of receiving and/or
transmitting and amplifying microwave signals,shall be permitted
as a Special Use in commercial districts,subject to the following
conditions and restrictions:
(a)Satellite Earth Stations:
That plans of satellite earth stations shall be submitted with
each application for a building permit,which shall include
a site plan indicating the height,diameter,color,location,
setbacks,foundation details,landscaping and screening,and
that such plans shall be subject to approval by the E.R.P.B.
and that such satellite antennas shall be subject to the
following standards:
l.Location
(aa)In RS,RT-6 and RT-9 Districts only ground-mounted
antennasshallbepermittedandsuchantennasshall
be located intherearofthat property orinthe
interiorsideyardandnotvisablefromthestreet.
(bb)In all other districts,roof-mounted antennas shall be
permitted,provided,however,that such antennas shall
be screened from ground viewbya parapet orsome other
type masonry wall or screening.The minimum height and
design of such parapet,wall or screening shall be
subjecttoapprovalbythe E.R.P.B.
(cc)Ground-mountedantennasshallalsobepermittedinRM-
18,RM-24andcommercialdistrictssubjecttothe
applicableprovisionsofthissection.
ii.Landscaping
(aa)Groundmountedantennasshallbescreenedbylandscaping
from view from the street and adjacent property owners
so that such antennas are not visible between ground
level and eleven (11)feet above ground level as shall
be approved by the E.R.P.B.
(bb)Inorderto reduce the height ofthe required plant
material,berms maybeemployedinconjunctionwiththe
landscaping plan.All plant material,size (at
installation),quantityandspacingshallbe specified
onthe landscaping planorsiteplan.
iii.Diameter
(aa)The diameter ofsuch antennas shall not exceed ten (10)
feetinallRS,RT-6andRT-9Districts.
(bb)The diameter of such antennas shall not exceed fifteen
(15)feetinallother districts.
iv.Height
(aa)Ground-mounted antennas shall be limited toa maximum
height of eleven (11)feet above grade in all RS,RT-6
and RT-9 Districts and a maximum of fifteen (15)above
grade inallother districts.
(bb)Roof-mounted antennas shall be limited toa maximum
height of fifteen (15)feet abovethe roof.
v.Setbacks
Ground-mounted satellite antennas in the most extended
position shall conform to the following minimum setbacks:
(aa)(1)RearandSide
InallRS,RT-6andRT-9Districtsfifteen (15)feet
and in all other districts,rear and side setbacks
shall be provided asare required for the principal
buildingonthebuildingsite.
(2)SetbacksfromPowerLines
Satellite antennas or any appurtenances thereto,
shall be located not less than eight (8)feet from
any powerline over two-hundred fifty (250)volts.
(bb)In no case shall such satellite antennas be located
closertothefrontorsidestreetofalotorbuilding
sitethanthemainorprincipalbuilding.
(cc)Where such a satellite antenna is located on a building
sitewhichisfrontingupontwoormore streets,the
antenna shall maintain the same setback as required for
theprincipalbuildingalongeachsuch street.
vi.Impervious Coverage
The impervious coverage ofsuch antennas shall be counted
in computing the impervious coverage for auxiliary and
accessory use structures located upon the building site.
vii.Color
Such satellite antennas and their appurtenances shall be
non-reflective black,greenorthesame color asthewall
to which itis attached (ifnotfreestanding)and,tothe
extent possible,shall be compatible with the appearance
and character of the neighborhood.
viii.Number Permitted
Only one (1)satellite antenna shall be permitted for
eachprincipalbuilding.
ix.Installation
(aa)The installation or modification of all satellite
antennasshallbein accordance withall applicable
construction and safety codesand procedures and shall
meet the requirements ofthe South Florida Building Code.
(bb)Roof-mounted antennas shall be anchored to the roof in
conformancewiththerequirementsoftheSouthFlorida
Building Code.
(cc)All antennas and appurtenances shall be so constructed
andinstalledsoastowithstandtheforcesduetowind
pressure as provided for under the South Florida Building
Code,and all applications shall include signed and
sealeddrawingsbya professional engineer.
x.Maintenance
Suchsatelliteantennas,appurtenances,landscapingand
screening shall be kept and maintained in good condition.
xi.Public Hearing
(aa)That an application for installation of such antennas
shallbemadetothePlanningBoardandthePlanning
Board shall holda public hearingatwhichall interested
persons shall be afforded an opportunity to be heard.
(bb)That the recommendations of the Planning Board,on each
application considered,shall be submitted to and acted
uponbytheCity Commission.
(cc)That in approving the application for the installation
of the satellite antenna,the Planning Board may
recommendandtheCityCommissionmay prescribe
appropriate conditions and safeguards in conformity with
the provisions oftheLand Development Code.
xii.Annual Review
(aa)Reviewandapproval "by the City or its designee"shall be
required on -an-annual renewal basis and at such time an applicant
shall be required to submit photos of the antenna taken from the •
street and adjacent properties to assure c-ompliancei •-
(bb)Violations of specified conditions and safeguards,when
made part of the terms under which the antenna is
approved or the various provisions of this section shall
be deemed grounds for revocation of the auxiliary use and
punishable as a violation of the Land Development Code.
(cc)All antennas installed prior to the adoption of this
ordinance mustbe brought into compliance within 180
days.
xiii.Governmental Exemption
(aa)When it can be demonstrated that the use of a satellite
antenna by a governmental agency at a specific location
will provide a significant public benefit and purpose and
will contribute tothehealth,safety or welfare ofthe
general public,and in particular the residents of this
City,then,upon recommendation of the Planning Board and
with the approval ofthe City Commission,anyof the
conditions or restrictions providedin subsection 15 (a)
i through viii pertaining to location,landscaping,
diameter,height,setbacks,ground coverage,color and
number permitted may be waived or appropriately modified
inthe best interest ofthe surrounding neighborhood.
(bb)Approvals for satellite antennas,when a public purpose
hasbeen demonstrated,shall beboundtoa specific
applicant and location.The change of an approved
applicant or location shall invalidate the approval and
necessitate re-application and public hearing.
xiv.Permit Required
All satellite antennas located in the City ofSouth
Miami,Florida,musthavea permit.
(b)Microwave Antennas:
That plans of such microwave antennas shall be submitted with
each application for a building permit,which shall include
a site plan drawn ata scale no smaller than 1"=20'-0"
indicating the diameter,screening,location and setbacks from
property lines and edges of building,a mounting detail drawn
atascalenosmallerthan1/2"=l'-0"indicatingthe height,
colorand method of installation of the antenna and that such
plans shall be subject to approval by the E.R.P.B.and that
suchmicrowaveantennasshallbesubjecttothefollowing
standards:
i.Location
(aa)In commercial districts only,roof-mounted microwave
antennasshallbe permitted,provided,however,thatsuch
antennas shall not be visible from the ground.Screening
fromgroundviewmaybeprovidedbyaparapetorsome
othertypeofmasonrywallor screening.
ii.Diameter
The diameter of such microwave antenna shall not exceed
five (5)feet.
iii.Height
Roof-mounted antennas shall be limited to a maximum
height of ten (10)feet above the roof in their most
extended position.
i v.Setbacks
(aa)Roof-mounted microwave antennas,in their most extended
position,shall conform to the setback requirements for
the principal building on the building site.
(bb)Microwave antennas or any appurtenances thereto,shall
be located not less than eight (8)feet from any power
lineovertwohundredfifty (250)volts.
v.Color
Microwave antennas and any appurtenances shall be white
or shall be the same color as the surface to which they
are attached.
vi.Number Permitted
Only one (1)microwave antenna shall be permitted for
eachprincipal building.
vii.Installation
(aa)The installation or modification of microwave antennas
shall bein accordance with all applicable construction,
safety codes and anchoring procedures and shall meet the
requirements of the South Florida Building Code.
(bb)The microwave antenna and appurtenances shall be
constructed and installed soastowithstandthe forces
due to wind pressure as provided in the South Florida
Building Code,and all applications shall include signed
and sealed drawings bya professional engineer.
viii.Maintenance
Such microwave antennas,appurtenances and screening
shall be kept and maintained in good condition.
ix.Public Hearing
(aa)That an application for the installation of such antennas
shall bemadetothe Planning Boardandthe Planning
Board shall holda public hearing at which all interested
persons shall be afforded an opportunity to be heard.
(bb)That the recommendations of the Planning Board,on each
application considered,shall be submitted to and be
acteduponbytheCity Commission.
(cc)That in approving the application for the installation
of the microwave antenna,the Planning Board may
recommend andthe City Commission may prescribe
appropriate conditions and safeguards in conformity with
the provisions ofthe Land Development Code.
(dd)Violations of specified conditions and safeguards,when
made part of the terms under which the antenna is
approved or the various provisions of this section shall
be deemed grounds for revocation of the auxiliary use and
punishable as a violation of the Land Development Code.
(ee)All antennas installed prior to the adoption of this
ordinance mustbe brought into compliance within 180
days.
x.Permit Required
All microwave antennas located intheCityofSouth
Miami,Florida,must have a permit.
Section 2.That subsection (15)(c)ofSection 20-3.4,Special
Use Conditions of Chapter 20,Land Development Code of the City of
South Miami,Florida,be and the same is hereby deleted.
Section 3.All Ordinances or parts of ordinances in conflict
herewithbeandthesameareherebyrepealed.
Section 4.If any sentence,section,clause or phrase is held
tobe invalid or unconstitutional byanycourtof competent
jurisdiction,it shall have no effect on the validity of the
remaining portions ofthe ordinance.
Section 5.This ordinance shalltakeeffect immediately at
the time of its passage.
PASSED AND ADOPTED this 2lst day of Au9ust 1990.
APPROVED:
ATTEST:
rcLio—
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY