AMENDMENT TO THE UNIFIED LAND DEVELOPMENT CODE

ORDINANCE 2013-03 AN ORDINANCE OF THE CITY OF FROSTPROOF, FLORIDA, AMENDING THE UNIFIED LAND DEVELOPMENT CODE OF THE CITY OF FROSTPROOF, FLORIDA; SPECIFICALLY, TO AMEND THE TEXT OF ARTICLE 2, DEFINITIONS, TO ADD THE DEFINITION OF MILITARY INFLUENCE PLANNING AREA (MIPA), ARTICLE 7, PLANNED DEVELOPMENT AND OVERLAY DISTRICTS TO ADD NEW SECTION 7.03.00, MILITARY INFLUENCE PLANNING AREA (MIPA) OVERLAY DISTRICT, ARTICLE 6, PERSONAL WIRELESS SERVICE FACILITIES REGULATIONS TO AMEND MAXIMUM HEIGHT OF FACILTIES IN THE MIPAS, AND TO AMEND THE OFFICIAL ZONING MAP TO ADD THE MIPA I AND MIPA III OVERLAY DISTRICTS; REPEALING ALL OTHER ORDINANCES IN CONFLICT HEREIN; AND PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. AMENDMENT TO THE UNIFIED LAND DEVELOPMENT CODE WHEREAS, Section 163.3167(c), Florida Statutes, empowers the City to adopt land development regulations to guide the growth and development of the City; and WHEREAS, the City Council of the City of Frostproof has determined it necessary and desirable to amend the regulations consistent with recommendations of the January 2011, Avon Park Air Force Range Joint Land Use Study to provide regulations to promote further compatibility with the Range; and WHEREAS, pursuant to Section 166.041(c)2, Florida Statutes, the Planning and Zoning Commission and the City Council have held meetings and hearings to amend the Unified Land Development Code as presented in the attached exhibits, such exhibits attached as Exhibit "A" providing text amendments and Exhibit B providing an amendment to the Official Zoning Map and made a part hereof; and, the meetings were advertised and held with due public notice, to obtain public comment; and having considered written and oral comments received during public hearings, find the changes necessary and appropriate to the needs of the City. NOW, THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY OF FROSTPROOF, FLORIDA that the Unified Land Development Code of the City of Frostproof is amended as set forth in Exhibit "A" and Exhibit B. (a) Severability: If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. (b) Codification: This Ordinance shall be codified in the Code of Ordinances of the City of Frostproof, Florida. Page 1

(c) Effective Date: This Ordinance shall be effective 10 days after passage upon Second Reading. INTRODUCED AND PASSED on First Reading this day of, 2013. ATTEST: Anne Dickinson, Mayor Approved as to form and correctness Sarah Adelt, City Clerk Mark H. Smith, City Attorney PASSED AND DULY ADOPTED ON SECOND READING, with a quorum present and voting by the City Council of the City of Frostproof, Florida meeting in Regular Session this day of, 2013. ATTEST: Sarah Adelt, City Clerk Anne Dickinson, Mayor Page 2

ORDINANCE 2013-03 EXHIBIT "A" AMENDMENTS TO THE UNIFIED LAND DEVELOPMENT CODE Sections proposed to be amended include: Article 2, Definitions o Includes the addition of definitions for Military Influence Planning Areas (MIPAs). Article 7, Section 7.03.00 (New Section in Article 7) o Provides for the creation of the Military Influence Planning Area (MIPA) Overlay District and MIPA I and III Development Standards. Article 6, Personal Wireless Service Facilities Regulations o Section 6.12.04, Standards for Structure-Mounted Facilities Section 6.12.04.02, Maximum Height reference to MIPAs o Section 6.12.05, Standards for Ground-Mounted Facilities Section 6.12.05.02, Maximum Height reference to MIPAs o Section 6.12.06, Standards for Utility Pole-Mounted Facilities Section 6.12.06.02, Maximum Height reference to MIPAs Underlined text is proposed new text. Strikeout text is text proposed to be deleted. Page 3

ARTICLE 2. DEFINITIONS Section 2.02.00. List of Definitions. MILITARY INFLUENCE PLANNING AREA (MIPA): Area in which impacts from the presence of the Avon Park Air Force Range and the training activities may be experienced. MIPA I: Area located within a three (3) mile radius of the Avon Park Air Force Range, a military training facility. There is the potential day and night low level aircraft overflight, and military training noise during training exercises. Additional property regulations may apply. MIPA II: Area located outside of a three (3) mile radius of the Avon Park Air Force Range, a military training facility. There is the potential day and night low level aircraft overflight, and military training noise during training exercises. Additional property regulations may apply. MIPA III: Area located outside of a three (3) mile radius of the Avon Park Air Force Range, a military training facility. There is some potential for occasional military training noise. ARTICLE 7. PLANNED DEVELOPMENTS AND OVERLAY DISTRICTS Section 7.03.00. Military Influence Planning Area (MIPA) Overlay District The Avon Park Air Force Range (APAFR), located east of Frostproof in southeast Polk County, is a training facility serving all branches of the military, the National Guard and some civilian organizations, such as the South Florida Community College Law Enforcement Academy. The Military Influence Planning Areas (MIPA) Overlay District is established to ensure that land uses and activities are compatible with the operations of the APAFR, in order to protect the health and safety of residents and to preserve the mission of the APAFR. This Section contains the development standards and criteria applicable within the MIPA Overlay. Where there is conflict between the Overlay standards and other regulations of this Code, the overlay standards shall be followed. Section 7.03.01. Applicability The MIPA overlay standards shall apply to the areas of Frostproof located within Military Influence Planning Area I (MIPA-I) and Military Influence Planning Area III (MIPA-III) as shown on the Official Zoning Map of the City of Frostproof. 7.03.02. Development Standards for Military Influence Planning Areas Development within the MIPA Overlay shall be consistent with the following criteria: Page 4

1. MIPA-I: Redevelopment and new development within MIPA-I shall be consistent with the following: a. Proposed structures shall comply with the Maximum Structure Height as established in Table 5.02.01 (Residential Development Standards) and Table 5.02.02 (Commercial and Industrial Development Standards) for each land use district. Any structure taller than 50 feet will require a variance in compliance with Section 11.06.00 of this Code. A variance to the height requires an evaluation by the Board of Zoning Appeals to determine if it will have a negative impact on the operations within the APAFR restricted air space; b. The location of landfills shall be prohibited because these activities may induce aircraft bird strike hazard; c. Street and parking lot lighting will be required to comply with the following: Street Light fixtures shall be limited to 16 feet in height, unless otherwise further restricted in this Code. Parking lot lighting fixtures shall be limited to 24 feet in height. All lighting shall be fully shielded with cut-off, non-glare fixtures directed only onto the subject site (see Figure 7.03.02.01). Non-shielded fixtures without cutoffs are prohibited. Page 5

Figure 7.03.02.01 Street Lighting Prohibited: No Cut-Off Permissible: Full Cut-Off d. Non-residential Development Lighting Electrical reflectors, spotlights, floodlights and other sources of illumination may be used to illuminate buildings, landscaping, signs, parking and loading areas, on any property provided the illumination is cast downward and the fixtures focus the illumination only onto the aforementioned features and prevent illumination upon adjacent properties or any public right-of-way. All lighting shall be fully shielded with cut-off, non-glare fixtures directed only onto the subject site (see Figure 7.03.02.01). e. Sign Lighting Sign lighting shall be downward projecting or backlit. Lighting attached to signage shall be projected directly at the sign and downward using light shields, hoods, and cut-off type fixtures. f. Lighting Curfew After closing hours and until sunrise, businesses shall turn off any unnecessary Page 6

lights (those not associated with safety and security) Businesses open 24 hours shall reduce the illumination by 30% after 11 pm and sunrise. g. Prohibited light sources Mercury vapor lamps and fixtures; Any illumination patterns common to aviation (similar to runway guidance lighting, flood lights above horizontal plane, etc.) when used on buildings or surrounding. Laser source light when projected above the eaves of structures. Searchlights or laser source lighting used for advertising or entertainment purposes. h. Lighting exempt from these regulations: Residential lighting in swimming pools and other residential water features governed by Article 680 of the National Electrical Code; Exit signs and other illumination required by building codes. Lighting for stairs and ramps, as required by the building code. Holiday lighting for no more than thirty (30) days per year. Existing ballpark, field lighting, or other sporting venue lighting approved prior to the adoption of this section. Low voltage landscape lighting, but such lighting should be shielded in such a way as to eliminate glare and light upwards onto adjacent properties. 2. MIPA-I and MIPA-III: a. The City shall, in writing, inform all applicants of proposed development within the Military Influence Planning Areas of potential noise nuisance and of sound-level reduction (SLR) standards that could be implemented to mitigate nuisances caused by recurring overflight and other military training activities. b. Consistent with applicable law, all development within the Military Influence Planning Areas shall be subject to the City's development review procedures. Page 7

ARTICLE 6. DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS Section 6.12.00. Personal Wireless Service (Pws) Facilities Regulations. Section 6.12.04. Standards for Structure-Mounted Facilities. Section 6.12.04.01. General. A. Structure-Mounted PWS facilities shall be permitted as accessory uses in all zoning districts. B. Structure-Mounted PWS facilities are facilities attached to or upon any commercial, industrial, office, or institutional structure, or any multi-family structure of three (3) or more stories. This shall include buildings, water tanks, private light poles, light poles at publicly owned athletic facilities or other structures not originally designed as PWS antenna mounts. PWS facilities shall not be mounted on single family structures, two family structures or on multi-family structures less than three (3) stories in height. The facility shall include any associated equipment shelters regardless of where they are located with respect to the mount. C. Placement of a PWS facility on a legally non-conforming structure shall not be considered an expansion of the non-conforming structure. D. PWS facilities shall not project into a required setback more than the maximum projection permitted in the zoning districts in which the facilities are located. E. Structure-Mounted PWS facilities shall be located and designed to be accessible to authorized persons only. Section 6.12.04.02. Maximum Height. A. Structure-Mounted PWS facilities may extend above the roofline or highest point of the structure on which they are mounted a maximum of twenty (20) feet, subject to the height limitations of the Polk County Airport Zoning Regulations and Section 7.03.02 Development Standards for Military Influence Planning Areas. B. The height of a rooftop installation shall be measured from the finish level of the portion of the roof on which it is mounted. C. This Section shall not apply if the facility is incorporated into a steeple, bell tower, or similar architectural feature of a church, school or institution, subject to the height limitations of the Polk County Airport Zoning Regulations. Section 6.12.05. Standards for Ground-Mounted Facilities. Section 6.12.05.01. General. A. Ground-Mounted PWS facilities shall be permitted by right in the CG, I-1, I-2 and P zoning districts. Page 8

B. Ground-Mounted PWS facilities may be permitted as Conditional Uses in the AG, CO, CN and all Residential zoning districts. A ground-mounted PWS facility may be permitted in a residential district as a conditional use only if it is located on a parcel containing a nonresidential land use such as a golf course, parking lot, cemetery, church, school, electric utility substation or on a vacant parcel of fifty (50) acres or more. C. The determination as to whether a ground-mounted PWS facility is permitted by right or as a conditional use in the PUD zoning district classification shall be based on the conventional zoning district which most closely approximates the use or uses permitted in the particular PUD district. D. Ground-Mounted facilities are free-standing facilities constructed upon the ground. Utility pole-mounted facilities shall not be considered ground-mounted facilities. The ground-mounted facility shall include any associated equipment shelters regardless of where they are located with respect to the mount. E. The use of existing structures as antenna mounts shall be preferred to the construction of new ground-mounted facilities. An applicant for a new ground-mounted facility shall submit a report inventorying the availability of existing structures, including utility poles, within the applicant s search area which may serve as alternatives to the proposed ground-mounted facility. The applicant must demonstrate that the proposed facility cannot reasonably be accommodated on such existing structures due to one or more of the following factors: 1. The structure provides insufficient height to allow the applicant s facility to function reasonably in parity with similar facilities. 2. The structure provides insufficient structural strength to support the applicant s antenna and related equipment. 3. The structure provides insufficient space to allow the applicant s antenna to function effectively and reasonably in parity with similar equipment. 4. Use of the structure would result in electromagnetic interference that cannot reasonably be corrected. 5. The structure is unavailable for lease under a reasonable leasing agreement. 6. Use of the structure would create a greater visual impact on surrounding land uses than the proposed alternative or otherwise would be less in keeping with the goals, objectives, intent, preferences, purposes, criteria or standards of this Article, the Comprehensive Plan and Land Development Code. 7. Other limiting factors. F. Ground-Mounted PWS facilities may be located on zoning lots containing other principal uses. G. Ground-Mounted PWS facilities shall not be permitted in Historic Districts or in the CBD. H. A ground-mounted PWS facility shall be separated from any residential lot line a minimum of two (2) feet horizontally for each one (1) foot in facility height. I. A ground-mounted PWS facility shall be separated from arterial streets and collector streets, a minimum of two (2) feet horizontally for each one (1) foot in facility height. Page 9

J. Ground-Mounted PWS facilities shall be of the monopole type unless the applicant can demonstrate that another type of mount would be less visually obtrusive. K. Ground-Mounted PWS facilities shall observe the minimum setback requirements for principal structures of the respective zoning districts. L. Ground-Mounted PWS facilities shall be considered a non-residential use for purposes of determining if a buffer fence or wall is required. M. Ground-Mounted PWS facilities shall be accessible by service vehicles. Section 6.12.05.02. Maximum Height. A. Ground-Mounted PWS facilities shall observe the following maximum heights in the zoning district and Future Land Use Intensity Area in which they are located, subject to the height limitations of the Polk County Airport Zoning Regulations and Section 7.03.02 Development Standards for Military Influence Planning Areas: Table 6.12.05.02. Maximum Height of PWS Facilities by Zoning District ZONING DISTRICT MAXIMUM HEIGHT Agriculture, All Residential Districts, Commercial 75 Office and Commercial Neighborhood Central Business District, Commercial General & 120 Industrial Districts Public District 200 Section 6.12.06. Standards for Utility Pole-Mounted Facilities. Section 6.12.06.01. General. A. Utility pole-mounted PWS facilities shall be permitted as accessory uses in all zoning districts. B. Utility pole-mounted PWS facilities are facilities attached to or upon a publicly owned electric transmission or distribution pole, street light, traffic signal, or similar facility located within a public right-of-way or utility easement. The facility shall include any associated equipment shelters regardless of where they are located with respect to the mount. C. Utility pole-mounted PWS facilities or extensions on utility poles to accommodate the mounting of PWS antennas shall be of the monopole type. D. Equipment shelters associated with utility pole-mounted PWS facilities which are located outside of the public right-of-way shall meet the setbacks for accessory structures for the zoning districts in which the equipment shelters are located. Section 6.12.06.02. Maximum Height. Utility pole-mounted PWS facilities may extend a maximum of twenty (20) feet above the top of the original utility pole notwithstanding the maximum heights for ground-mounted Page 10

facilities established by Section 6.12.05.02, subject to the height limitations of the Polk County Airport Zoning Regulations and Section 7.03.02 Development Standards for Military Influence Planning Areas. Page 11

ORDINANCE 2013-03 EXHIBIT "B" AMENDMENTS TO THE OFFICIAL ZONING MAP Official Zoning Map of the City of Frostproof to add the MIPA I and III Overlay District Page 12