The regulations and requirements set forth herein are adopted for the following purposes:

(a)

To provide for the location of communication towers and communication antennas within the City of Altamonte Springs;

(b)

To protect residential areas and land uses from potential adverse impacts of communication towers and antennas;

(c)

To minimize adverse visual impacts of communication towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

(d)

To accommodate the growing need for wireless communications which rely upon communication towers and antennas;

(e)

To promote and encourage shared use/collocation of existing and new communication towers as a primary option rather than construction of additional single-use towers;

(f)

To promote the public health, safety, aesthetics and general welfare of the city by providing for the placement or maintenance of communication towers and antennas on privately-owned and publicly-owned non-right-of-way property within the city;

(g)

To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;

(h)

To adopt and administer rules and regulations not inconsistent with state and federal law, the city's home-rule authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other federal and state law.

(Ord. No. 1731-18, § 2, 1-10-19)

(a)

All communication towers and communication antennas, as defined in article I, located within the City of Altamonte Springs shall be subject to these regulations and all other applicable regulations.

(b)

For purposes of measurement, setbacks and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries.

(c)

All communication towers legally existing on July 2, 1996 (the effective date of this division) shall be considered permitted uses, allowed to continue their usage as they presently exist; provided however, anything other than routine maintenance, including without limitation, structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing communication tower, shall comply with the requirements of section 3.40.4.1, performance and construction standards for communication towers, with the exception of separation distances. Routine maintenance shall be permitted on such existing towers.

(d)

The following shall be exempt from the requirements of this division:

(1)

All government-owned communication towers with public safety systems or equipment.

(2)

Amateur radio operators' equipment, as licensed by the Federal Communications Commission.

(3)

Communication towers used solely for private-use dispatch purposes up to 35 feet in height.

(4)

Any device for over-the-air reception of television broadcast signals, multi-channel multi-point distribution service, or direct broadcast satellite service.

(5)

Communications facilities located in city public rights-of-way that are eligible for permitting pursuant to article X.

(Ord. No. 1731-18, § 2, 1-10-19)

Communication antennas may locate on existing communication towers, water towers or buildings. In all cases, the communication antenna shall comply with this division, all applicable FCC regulations, building codes, and fire codes.

(a)

Any communication antenna which is not attached to a communication tower or water tower shall be permitted to be located on a commercial, industrial, office, institutional, or multi-family building, provided that:

(1)

The building height (as defined in article I) is at least 20 feet.

(2)

The communication antenna does not exceed ten feet above the highest point of the building for buildings up to 50 feet in height, and 20 feet above the highest point of the building for buildings greater than 50 feet in height. When located on or above the roof, antennas shall be set back at least ten feet from the edge of the building.

(3)

The communication antenna and related hardware and equipment is painted to match the color of the building.

(4)

The communication antenna and related equipment complies with applicable design guideline requirements when located in activity centers.

(b)

Utility poles and electric/power transmission line structures shall not be considered buildings or structures upon which communication antennas are permitted to be located pursuant to this division. Refer to article X for the requirements for the placement of wireless facilities on utility poles in public rights-of-way.

(Ord. No. 1731-18, § 2, 1-10-19)

New freestanding communication towers shall not be allowed unless the applicant:

(a)

Secures a waiver, pursuant to section 3.4.12 of the Land Development Code, upon an affirmative showing:

(1)

That existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider; and

(2)

That the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower; and

(b)

Secures a conditional use approval, pursuant to section 3.4.3.4 of the Land Development Code, to place the communication tower within one of the following zoning categories:

(1)

IN Institutional;

(2)

MOI-1 Mixed Office Industrial-1;

(3)

I-L Very Light Industrial;

(4)

MUD Multi-Use Development.

(Ord. No. 1731-18, § 2, 1-10-19)

3.40.4.1 Performance and construction standards for communication towers.

(a)

Structural design. New communication towers and modifications to existing structures including, without limitation, the addition of height, antennas or providers, shall be constructed in accordance with all city building codes.

(b)

Setbacks.

(1)

Communication tower setbacks shall be measured from the base of the tower, or protruding building structure at the base of the tower, whichever is closest to the property line, to the property line of the parcel on which it is located. Communication towers shall comply with the minimum setback requirements of the district in which they are located and the street setbacks set forth in section 3.44.14, setbacks for future road widening, and section 11.2.5, minimum planned rights-of-way, setback distances and functional classification. In cases where there is a conflict between the minimum setback requirements and the street setbacks, the greater setback shall apply. In addition, where there is a principal building housing a principal use located on the site, the communication tower and accessory structures to the tower shall be located behind the main building line.

(2)

Equipment buildings and structures shall be located within the perimeter fence or wall of the communication tower site.

a.

Communication tower equipment buildings 100 square feet or less shall conform to the setback requirements for an accessory use.

b.

All communication tower equipment buildings and structures over 100 square feet shall conform to the zoning district setback requirements.

c.

One unmanned communication equipment building or structure may be constructed for each communication service provider that collocates one or more antennas on a communication tower site.

(c)

Separation from off-site residential uses.

(1)

Separation requirements for communication towers from residentially zoned lands or residential uses shall comply with the following minimum standards:

Minimum Separation Distance from
Residential for Communication Towers

(2)

A certified survey shall be submitted with any application for conditional use approval or permit approval to demonstrate conformance with separation requirements.

(d)

Separation distances between communication towers.

(1)

Communication towers shall be located so as to comply with the minimum separation distances provided below. Separation distances shall be measured between the proposed tower and those towers that are legally existing and/or have received land use or building permit approval from the City of Altamonte Springs or adjoining jurisdictions.

Minimum Separation Distance
Between Communication Towers

(2)

The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower.

(3)

Documentation shall be submitted with any request for a conditional use or permit approval to demonstrate conformance with the separation requirements.

(e)

Fencing and walls. A chain link, wire mesh, or metal picket fence or finished masonry wall not less than eight feet in height from finished grade shall be provided around each communication tower site. Access to the tower shall be through a locking gate.

(f)

Landscaping. The visual impacts of a communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of communication tower shall be required around the perimeter of the tower and accessory structures. Landscaping shall be installed on the outside of perimeter fences and walls. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements.

(1)

A row of trees a minimum of eight feet tall and a maximum of 25 feet apart shall be planted around the perimeter of the fence or wall.

(2)

A continuous hedge at least 30 inches high at planting shall be planted in front of the tree line referenced above.

a.

If a fence is used to enclose the communication tower site, the hedge shall be maintained at a minimum height of 60 inches within 18 months of planting.

b.

If a finished masonry wall is used to enclose the communication tower site, the hedge shall be maintained at a minimum height of 36 inches within 18 months of planting.

(3)

All landscaping shall be of the evergreen variety.

(4)

The growth management director may waive or modify the required landscaping on one or more sides of the communication tower site, or allow the placement of required landscaping elsewhere on the development site, when the required landscape area is located adjacent to undevelopable lands or lands not in public view.

(g)

Height. No freestanding communication tower shall exceed 200 feet in height from ground level, including antennas.

(h)

Type of construction. Communication towers shall be monopole or lattice construction; provided, however, camouflaged construction may be approved by the planning board at the conditional use hearing, upon consideration of the following factors in addition to those set forth at section 3.4.3.4:

(1)

Compatibility with adjacent properties;

(2)

Architectural consistency with adjacent properties;

(3)

Visual impact on adjacent properties, including visual access of adjacent properties to sunlight; and

(4)

Design of accessory structures in order to be architecturally consistent with the existing structures on the site. A waiver from the fencing and landscaping requirements of this section may be requested for such accessory structures.

(i)

Development criteria. Communication towers and their accessory structures shall comply with the minimum development criteria of the zoning district in which they are located, pertaining to minimum lot size, open space, setbacks, and landscape buffers.

(j)

Illumination. Communication towers shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). At time of construction in cases where there are residential uses within a distance 300 percent of the height of the tower, dual lighting shall be requested from the FAA.

(k)

Collocation supportive design.

(1)

Monopole communication towers shall be engineered and constructed to accommodate a minimum of one additional communication service provider.

(2)

Lattice communication towers shall be engineered and constructed to accommodate a minimum of two additional communication service providers.

(3)

Camouflaged communication towers are encouraged to accommodate collocation but, if accepted as a camouflaged tower by the city, may be engineered and constructed without accommodating additional communication service providers.

(4)

Communication towers located within electrical substations may be engineered and constructed without accommodating additional communication service providers. Such towers shall be monopole construction and shall be subject to all of the requirements of this division. The substation shall be located within one of the zoning categories specified in subsection 3.40.4(b).

(5)

Proposed communication antennas may, and are encouraged to, collocate onto existing communication towers. Refer to section 3.40.5, collocation of communication antennas on communication towers.

(6)

If determined by the city that the proposed tower is situated in a location which will benefit the city's telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunicating equipment beneficial to the public system at a cost to the city no greater than the actual expense of the provider in so engineering and constructing the tower to meet the city's needs.

(l)

Noninterference. No communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system and/or public safety entities.

(m)

Variances. Any request to deviate from any of the performance and construction requirements of this section shall require variance approval.

(n)

Documentation. Documentation to demonstrate conformance with the requirements of sections 3.40.3 and 3.40.4 shall be submitted by the applicant with all requests to construct, locate or modify a communication tower/antenna. A statement by the applicant as to how construction of the communication tower will accommodate collocation of additional antennas for future users shall be included with the documentation.

(o)

Signs and advertising. The use of any portion of a tower for sign or advertising purposes including, without limitation, company name, banners, or streamers, is prohibited.

(p)

Abandonment. In the event the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to: (i) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or (ii) dismantle and remove the tower. The owner of the real property shall be ultimately responsible for all costs of dismantling and removal, and in the event the tower is not removed within 180 days of abandonment, the city may proceed to do so and assess the costs against the real property. The lien of such assessment shall bear interest, have priority and be collectable, at the same rate and in like manner as provided for special assessments by Florida law. At the earlier of 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any special exception, waiver and/or variance approval for the tower shall automatically expire.

(q)

Finished color. Communication towers not requiring FAA painting/marking shall have either a galvanized finish or be painted a noncontrasting blue, gray or black finish. The color should be selected so as to minimize the equipment's visibility.

(r)

Osprey nesting. It is suggested that new freestanding communication towers incorporate a design that provides an integral nesting platform to direct the most likely site for osprey nesting to a location on the tower which will reduce the risk of injury to the osprey or interference with tower equipment and maintenance.

(Ord. No. 1731-18, § 2, 1-10-19)

Proposed communication antennas may, and are encouraged to, collocate onto existing communication towers. Provided such collocation is accomplished in a manner consistent with the following requirements, such collocation is permitted and new or additional conditional use approval is not required.

(a)

Service providers. The modification or reconstruction of an existing communication tower is to accommodate the collocation of one or more additional communication antennas that are owned or operated by more than one communication service provider.

(b)

Height. An existing communication tower may be modified to a taller height, not to exceed 20 feet over the tower's existing height and subject to the maximum height allowed for towers, to accommodate the collocation of one or more additional communication antennas.

(1)

The height change referred to in this subsection may only occur one time per communication tower.

(2)

The additional height referred to in this subsection shall not require an additional distance separation. The communication tower's pre-modification height shall be used to calculate such distance separations.

(c)

Type of construction. The modification or reconstruction shall not change the communication tower from one type of tower to another, except that a lattice communication tower may be reconstructed as a monopole tower.

(d)

On-site location. A communication tower which is being rebuilt to accommodate the collocation of an additional communication antenna may be moved on-site within 50 feet of its existing location. A relocated on-site communication tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers and separation distances to residentially-zoned lands. After the communication tower is rebuilt to accommodate collocation, only one tower may remain on the site.

(e)

Collocation in rights-of-way. Refer to article X for the collocation of communication antennas on utility poles in public rights-of-way.

(Ord. No. 1731-18, § 2, 1-10-19)

A city address assignment shall be obtained prior to the permitting or installation of a communication tower or any installation that includes an electric meter where an address is required, and shall be posted on the facility.

(Ord. No. 1731-18, § 2, 1-10-19)

Communication towers and communication antennas shall comply with all applicable building and fire codes and permitting requirements.

(Ord. No. 1731-18, § 2, 1-10-19)

A master agreement with the city shall be required prior to installation of a communication tower or communication antenna on city-owned property or on city facilities.

(Ord. No. 1731-18, § 2, 1-10-19)

For any application required under division 40, the city shall have the authority to retain technical expertise to assist city staff in evaluating the permit application. The cost of such technical expertise that is retained by the city shall be at the applicant's expense. The cost of such services shall be paid for by the applicant at such time as the technical expertise is determined to be required by the growth management director or city engineer.

(Ord. No. 1731-18, § 2, 1-10-19)