HomeMy WebLinkAboutCity of Tamarac Ordinance O-1997-0141
September 3, 1997 - Temp. Ord. 1796 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-97-14
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AMENDING
CHAPTER 5, ENTITLED "BUILDING AND BUILDING
REGULATIONS, ARTICLE VI, ENTITLED
"ANTENNAE AND AERIALS*", SECTION 5-121,
ENTITLED "APPLICABILITY"; PROVIDING FOR THE
PREEMPTION OF SATELLITE DISHES LESS THAN
ONE (1) METER IN DIAMETER AS ESTABLISHED
BY THE FEDERAL COMMUNICATION
COMMISSION (FCC) NATIONAL POLICY; CASE NO.
13-Z-97; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac's Code of Ordinances, Chapter 5, Article VI,
Section 5-121 entitled, "Applicability", requires all outdoor radio, television and electronic
antennae or antennae of any nature affixed to or otherwise emplaced to service or act in
conjunction with the use of any property shall comply with the requirements of this Article;
and
WHEREAS, the City of Tamarac's Code of Ordinances, Article VI, Section 5-122,
entitled "Support", requires such antennae be installed in accordance with the Broward
Edition of the South Florida Building Code, adopted in the City's Code of Ordinances; and
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Words in underscored type are additions.
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September 3, 1997 - Temp. Ord. 1796 2
WHEREAS, Article II entitled, "Construction Standards", Section 5-26, requires a
building permit be issued for installation of any equipment installed on any building or
structure; and
WHEREAS, the Federal Communication Commission (FCC) has set national policy
regarding antennae or earth stations by creating a distinction for those satellite dishes less
than one (1) meter in diameter; and
WHEREAS, the FCC's policy establishes that satellite dishes less than one (1)
meter are exempt from local zoning, building, land use or similar regulations; and
WHEREAS, the Chief Building Official recognizes the FCC's policy and agrees that
installation requirements are no longer required; and
WHEREAS, the Director of Community Development recommends approval of the
proposed amendment to the existing municipal code language to be consistent with
national policy established by the FCC; and
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the
best interest of the citizens and residents of the City of Tamarac to amend Chapter 5,
Article VI, Section 5-121, entitled "Applicability", providing for the preemption of satellite
dishes less than one (1) meter in diameter as established by the Federal Communication
Commission (FCC).
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September 3, 1997 - Temp. Ord. 1796 3
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of the Ordinance
upon adoption hereof.
SECTION 2: Chapter 5, Article VI, Section 5-121 of the Code of Ordinances
is hereby amended as follows:
Sec. 5-121. Applicability.
All outdoor radio, television and electronic antennae or antennae of any other
nature constructed upon, affixed to structurally repaired or altered upon, or
otherwise emplaced to service or act in conjunction with the use of any property for
single story, all buildings over one (1) story in height and commercial, must comply
with the requirements of this article unless preempt d from local regulations by
oolicv established by the Federal Communication Commission (FCC). Satellite
dishes or earth stations that arp, less than one 1 meter in diameter are preempted
from any -local or state zoning, Ind use building or similar regulation.
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September 3, 1997 - Temp. Ord. 1796 4
SECTION 3: It is the intention of the City Commission and it is hereby
ordained that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this
Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to
"Section", "Article" or such other word or phrase in order to accomplish such intention.
SECTION 4: All Ordinances or parts of Ordinances, and all Resolutions or
parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Ordinance that can be given affect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
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SECTION 6:
passage and adoption.
September 3, 1997 - Temp. Ord. 1796 5
This Ordinance shall become effective immediately upon its
PASSED, FIRST READING this o�4 day of 1997.
PASSED, SECOND READING this '3 day of Q 1997.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
ORDINANCE as to form.
ZIMITCHELL S. KR
CITY ATTORNEY
community dev\c:\userdata\wpdata\ord\1796ord\ps
/ JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYO
DIST 1:
DIST 2:
DIST 3:
DIST 4:
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R SCHREIBER E
COMM. McKAYE
V/M MISHKIN
COMM. SULTANOF
COMM. ROBERTS cy
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