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Fort Walton Beach Ordinance — 1861--Adoption of the 2012 Land Development Code — reading text
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1. Such repairs shall be conducted only within an enclosed building which meets all
applicable Federal and State requirements, including health, safety, and fire
prevention regulations.
2. Doors or openings to service bays shall be located a minimum of seventy -five
75) feet from property zoned to allow residential use. As an alternative to the
minimum setback, the doors or openings to service bays shall not open towards
property zoned to allow residential use and shall be screened from view.
F. All property lines adjacent to vehicle displays shall have installed a permanent
guardrail, fence, or parking block to prevent vehicles from accidentally rolling from
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the display area.
G. The owner of the vehicle sales establishment shall prepare and provide to the City a
plan for the safe storage of flammable or hazardous materials to be stored or used on
the property and an inventory of such materials. The plan shall provide for the
prevention, containment, recovery, and mitigation of spilled fuel or other hazardous
material. The inventory shall be submitted to the City prior to the building permit
approval, listing the type, quantity, and location of these materials. The inventory
shall be kept current pursuant to direction provided by the City.
H. Vehicles, signs, banners, tents, or other items used in connection with the operation of
the vehicle sales and rental establishment shall not be stored, parked, displayed, or
otherwise placed on public rights -of -way at any time.
I. All exterior lighting shall be directed or shielded to prevent illumination of adjacent
properties.
J. Audio amplification systems, including, but not limited to, telephone loudspeakers or
paging systems, shall be located to ensure that they cannot be heard on adjacent
properties.
K. All outside storage and loading areas shall be fully screened from view from adjacent
properties zoned for residential use, and from the public right -of -way.
1. Screening may be landscaping or enclosure by a wooden, masonry, or solid fence.
2. Where landscaping is provided, the plant materials shall include understory trees
and shrubs. Plan materials shall meet the specifications set forth in Section
4. 08. 00. The trees and shrubs shall be planted in double staggered rows.
3. Where a fence is provided, the fence shall be a minimum of six ( 6) feet and a
maximum of eight ( 8) feet in height. The finished side shall face outward.
5. 04. 09 Communication Towers and Antennas
Each applicant requesting a building permit for the location of communication towers and
antennas shall meet the following at the time of application:
A. Federal approvals. All communication towers must meet or exceed current standards
and regulations of the Federal Aviation Administration ( FAA), Federal
Communication Commission ( FCC), and any other agency of the Federal government
with the authority to regulate communication towers and antennas. The applicant
shall submit copies of all FAA, FCC, Eglin Air Force Base, Hudburt Field, Okaloosa
Regional Airport and FDOT approvals, whichever is /are applicable.
B. Design. The applicant shall submit the communication tower design plans which
shall be designed by an engineer licensed in the State of Florida in accordance with
the building code requirements of the City. The design shall show the access that is
provided for inspections. Communication towers shall either maintain a galvanized
steel finish or, subject to any applicable standards of the FAA, be painted a neutral
color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, non-
reflective color with no logos.
C. Safety fall zone. Applicants shall submit a report by an engineer licensed in the State
of Florida of the safety fall zone of the specified communication tower. The safety
fall zone shall be measured from the base of the communication tower to any property
line. Communication towers shall be designed to collapse within the lot lines in case
of structural failure.
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D. Co- location.
1. The applicant shall submit a certification from an engineer licensed in the State of
Florida that the communications tower has been designed to accommodate co-
location. If the communication tower cannot accommodate co- location, then the
engineer should certify the reason( s) it cannot accommodate additional antennas.
2. The applicant shall submit a plan for co- location, providing for at least three ( 3)
other providers, with local government needs considered. If co- location is not
possible, the applicant shall provide evidence as to the reasons) it is not possible
to meet this requirement.
3. The applicant shall commit to ensuring that each antenna owner will comply with
Federal, State, and local regulations.
4. Each antenna owner shall have an approved building permit prior to erecting the
antenna on the communication tower. The applicant shall show that the antenna
will not extend more than ten ( 10) feet horizontally beyond the vertical plane of
the edge of the communications tower and will not project above the existing
communication tower structure' s approved height.
E. Setback. The applicant shall submit a site plan showing a minimum of one -half ( Ys)
the tower height plus fifty (50) feet between the base of the communication tower and
any residential property line, otherwise a distance equal to the safety fall zone
between the base of the communication tower and any nonresidential property.
F. Buffer. The applicant shall submit a plan showing:
1. An eight ( 8) - foot high fence or wall, with access by a locked gate only, around the
base of the communication tower or the property as required by the FCC. The
fence or wall shall be equipped with an appropriate anti -climbing device.
2. A minimum of a five ( 5) - foot landscaping buffer, consistent with the requirements
of Section 4. 08. 05 installed around the entire perimeter of the fence or wall.
Additional landscaping may be required if deemed necessary to provide a buffer
between the communication tower and adjacent residentially zoned properties.
This requirement may be waived by the Development Administrator if the base of
the communication tower is a minimum of 500 feet from all property Tines.
G. Signage. The applicant shall submit a sign plan showing:
I. That no portion of the communication tower will be used for advertising
purposes, including a company' s name;
2. That the party responsible for the operation and maintenance of the facility, its
address, and telephone number is provided; and
3. That all security or safety signs required by Federal, State, or local regulations are
provided.
H. Lighting. The applicant shall submit a plan that shows the signals, lights, or
illumination provided and the Federal, State, or local rule, regulation, or requirement.
1. Maintenance and inspections. The applicant shall submit a plan for inspections and
maintenance of the communication tower so that it remains in good condition, order,
and repair and that the same shall not menace or endanger the life or property of any
person.
1. The City may require FCC inspection reports and/ or that the communication
tower be inspected if there is reason to believe that the structural or electrical
integrity of the communication tower is jeopardized. All certifications and
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inspections required herein shall be made by and at the sole cost of the provider,
and certified and submitted to the City.
2. The City and its agents shall have the authority to enter onto the property upon
which a communications tower is located, upon reasonable notice to the owner, to
inspect the communications tower for purposes of determining whether it
complies with all applicable laws and regulations. All expenses relating to such
inspections by the City shall be borne by the owner.
J. Abandonment. The owner shall submit a plan for abandonment of the
communication tower which shall include a copy of the notice to the FCC of intent to
cease operations for each user of the communication tower and a plan to remove the
communication tower within a minimum of 180 days after abandonment. Any
communication tower or antenna that is not operated for a continuous period of
twenty -four ( 24) months shall be considered abandoned, and the owner of each such
communication tower or antenna shall remove same within 180 days of receipt of
notice from the City notifying the owner of such removal requirement. Removal
includes the removal of the tower, all tower and fence footers, underground cables,
and support buildings. If there are two ( 2) or more users of a single communication
tower, then this provision shalt not become effective until all users cease using the
communication tower.
5. 04. 10 Arenas, Auditoriums, and Stadiums
A. Arenas, auditoriums, and stadiums include open, partially enclosed, or fully enclosed
facilities intended to be used for such activities as spectator sports, entertainment
events, expositions, or other public gatherings.
B. Arenas, auditoriums, and stadiums may
