The Telecommunications Act of 1996 affirmed the City of Anna Maria's authority concerning the placement, construction and modification of wireless telecommunications facilities. The city finds that wireless telecommunications facilities pose significant concerns to the health, safety, public welfare, character and environment of the City of Anna Maria and its inhabitants. The city also recognizes that facilitating the development of wireless service technology can be an economic development and public safety asset to the city and is therefore of significant benefit to the city and its residents. In order to insure that the placement, construction or modification of wireless telecommunications facilities is consistent with the city's land use and zoning policies, the city is adopting a single, comprehensive, wireless telecommunications facilities application and permit process. The intent of this article is to minimize the impact of wireless telecommunications facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of the visual and environmental impacts of such facilities, and protect the health, safety and welfare of the residents and visitors of the city.

(Ord. No. 12-733, § 2(1), 7-26-12)

This article shall be known and cited as the "Tall Structures and Wireless Telecommunications Facilities Siting Ordinance" for the city.

(Ord. No. 12-733, § 2(2), 7-26-12)

For purposes of this article, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory.

Accessory facility or structure means an accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including, but not limited to, utility or transmission equipment storage sheds or cabinets.

Applicant means any wireless service provider submitting an application for a conditional use permit for wireless telecommunications facilities.

Application means all required, necessary and appropriate information and documentation that is able to be verified by the city or its delegate as truthful and accurate that an applicant submits in order to receive a conditional use permit or other appropriate authorization to construct a wireless telecommunications facility or to modify any such facility.

Antenna means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.

City means the City of Anna Maria, Florida.

Co-location means the situation when a second or subsequent wireless provider uses an existing structure to locate a second or subsequent antenna, including the ground, platform or roof installation of equipment enclosures, cabinets or buildings, and cables, brackets and other equipment associated with the location and operation of the antennas. An application for a co-location shall not be subject to the requirements of this article, but shall be subject to the applicable requirements of the city's building code.

Commercial impracticability or commercially impracticable means the inability to perform an act required by this article on terms that are i) reasonable; ii) but have been affected by an occurrence which could not have been reasonably anticipated or foreseen; and iii) that jeopardizes the financial efficacy of the project to such an extent that results in the prohibiting or the effect of prohibiting the provision of wireless service. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be "commercial impracticable" and shall not render an act required by this article "commercially impracticable".

Completed application or complete application or completeness means as regards an application that an application contains all information and/or data required by this article and necessary to enable an informed decision to be made with respect to an application and that such information has been verified by the city as correct, truthful and accurate and that no money is owed the city.

Conditional use permit means the official document or permit by which an applicant is allowed to file for a building permit to construct or modify and use a wireless telecommunications facility as granted or issued by the city.

Council or commission means the city commission of Anna Maria, Florida.

DAS or distributive access system means a technique using antenna combining allowing for multiple carriers or wireless service providers to use the same set of antennas and base station. DAS is a technique used to site wireless facilities with a minimum visual impact, not a technology.

FAA means the Federal Aviation Administration, or its duly designated and authorized successor agency.

FCC means the Federal Communications Commission, or its duly designated and authorized successor agency.

Height, when referring to a tower or structure, means the distance measured from the pre-existing grade level to the highest point on the tower or tall structure, even if said highest point is an antenna or lightning protection device.

Modification or modify means, the addition, removal or change of any of the physical and visually discernible components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking and/or an upgrade or change-out of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a telecommunications tower or telecommunications site as a co-location is a modification. A modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without adding, removing or changing anything.

Need or necessary means anything that is technically required for the wireless service to be provided primarily and essentially within the city and creates the least physical and visual impact. This does not necessarily mean the internal design standards of the applicant, as companies' standards can vary greatly and normally reflect preferences. Rather, need relates to the ability of the user-equipment to function as designed.

NIER means non-ionizing electromagnetic radiation.

Person means any individual, corporation, estate, trust, partnership, joint stock company, association of two or more persons having a joint common interest, or any other entity.

Personal wireless facility. See definition for "Wireless telecommunications facilities."

Personal wireless services or PWS or personal telecommunications service or PTS shall have the same meaning as defined and used in the 1996 Telecommunications Act.

Relief or waiver means a request to allow something not allowed in this article or to allow a lesser or less stringent requirement than is contained in this article or to follow a procedure that is different than is contained in this article.

Repairs and/or maintenance means the replacement or repair of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernible components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted. An upgrade or modification of technology is neither repair nor maintenance.

Stealth or stealth technology or camouflage means the design of a wireless telecommunications facility, in whole or in part, so as to minimize adverse aesthetic and visual impacts on the land, property, buildings and other facilities adjacent to, surrounding, and in generally the same area as the requested location of a wireless telecommunications facility. Stealth, stealth technology or camouflage shall mean using the least visually and physically intrusive type of facility or siting technique that is not technologically or commercially impracticable under the facts and circumstances. A stealth technique includes such technology as DAS or its functional equivalent.

Stealth or camouflage as a verb means to disguise a tower or wireless telecommunications facility so as to make it less visually obtrusive and not recognizable to the average person as a wireless telecommunications facility.

State means the State of Florida.

Technologically impracticable means not able to be accomplished without employing extraordinary and unreasonable technological means under the facts and circumstances.

Telecommunications means the transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and/or other electronic or electromagnetic means.

Telecommunication site. See definition for "Wireless telecommunications facilities."

Telecommunications structure means a structure used in the provision of services described in the definition of "wireless telecommunications facilities."

Temporary means in relation to all aspects and components of this article, something intended to, or that does, exist for fewer than 90 days.

Tower means any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.

Wireless telecommunications facility or facility means and includes a "telecommunications site" "personal wireless facility" or any functional equivalent thereof. It means a structure, facility or location designed, or intended to be used as or to support antennas or other transmitting or receiving devices or any accessory facility or structure or any part or portion thereof. This includes without limit, towers of all types, kinds and styles, and structures, including, but not limited to, buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for antennas or the functional equivalent of such. It further includes all related facilities and equipment such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunication service whether licensed or not licensed by the FCC.

(Ord. No. 12-733, § 2(3), 7-26-12)

In order to ensure that the placement, construction, and modification of wireless telecommunications facilities protects the city's health, safety, public welfare, environmental features, the nature and character of the community and neighborhood and other aspects of the quality of life specifically listed elsewhere in this article the city hereby adopts a conditional use permit process for wireless telecommunications facilities for the express purpose of achieving the following goals:

(a)

Requiring a conditional use permit for any new, co-location, upgrade or modification of a wireless telecommunications facility.

(b)

Implementing an application process for person(s) seeking a conditional use permit for wireless telecommunications facilities.

(c)

Establishing a procedure for reviewing, examining and analyzing an application and issuing a conditional use permit for wireless telecommunications facilities that is both fair and consistent.

(d)

Promoting and encouraging wherever possible, the sharing and/or co-location of wireless telecommunications facilities among wireless service providers and the use of stealth or camouflage siting techniques.

(e)

Requiring, promoting and encouraging, the placement, height and quantity of wireless telecommunications facilities in a manner which minimizes adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities. The techniques and requirements to minimize the adverse impacts may include, but not be limited to, using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.

(Ord. No. 12-733, § 2(4), 7-26-12)

(a)

Notwithstanding anything to the contrary in this section, no conditional use permit shall be required for those noncommercial exceptions noted in this section.

(b)

Any repair and maintenance of a wireless facility does not require an application for a conditional use permit. However, the addition of equipment beyond that originally permitted, and any construction or site modification will not be deemed repair or maintenance.

(c)

Notwithstanding any other provisions of this section and all subparts thereof, the co-location and/or shared use of antennas on existing telecommunication towers or other tall structures or compatible use structures, such as utility poles, water towers, and other towers, shall be exempt from the public hearing requirement otherwise required for a tower, and shall be subject only to an administrative review process by the city and its designee.

(d)

Over-the-air reception devices including the reception antennas for direct broadcast satellites (DBS), multi-channel multipoint distribution (wireless cable) providers (MMDS) receive-only equipment mounted on subscriber property that is below ambient tree height, television broadcast stations (TVBS) and other customer-end antennas that are primarily used for reception, but not including microwave dishes.

(e)

Facilities used exclusively for providing unlicensed spread spectrum technologies, such as IEEE 802.11a, b, g services (e.g., Internet access hot spots and Bluetooth) where the facility does not require a new tower and is not generally intended to be useable for more than 100 feet.

(f)

Any new or modified array(s) of antennas expressly exempted by applicable state statute.

(g)

Amateur radio operators licensed by the FCC, to the extent set forth as follows:

(1)

No deposit for expert assistance review shall be required for an application for an amateur radio tower that is to be used exclusively for amateur radio;

(2)

The applicant for an amateur radio tower that is to be used exclusively for amateur radio or for the modification of such that involves increasing the structural loading of the tower shall apply for and be granted a conditional use permit pursuant to this subsection prior to constructing or modifying the tower;

(3)

No amateur radio tower may exceed 60 feet in height above preconstruction ground level;

(4)

The applicant shall provide proof of compliance with the State of Florida Building Code for such structures, including a structural report certified by a professional engineer licensed in the state;

(5)

No guyed amateur radio tower or its guy wires may be attached to a building;

(6)

Any tower permitted under this subsection shall comply with the fall zone requirements set forth in section 114-563 of this article;

(7)

A conditional use permit for an amateur radio tower or the modification of such shall be administratively reviewed and granted, but may, if warranted and deemed appropriate by the city's planning department, require a public hearing, depending upon the facts and circumstances involved.

(Ord. No. 12-733, § 2(5), 7-26-12)

(a)

No person shall be permitted to site, place, build, construct, upgrade, modify or prepare any site for the placement or use of a wireless telecommunications facility within the control of the city's police powers as of the effective date of this article without having first obtained a conditional use permit for a wireless telecommunications facility or an administratively granted authorization granted under this article, whichever is applicable.

(b)

The nonrefundable application fee for a new tower or to attach to another structure and thereby increase i) the height of the structure; or ii) the size of the compound or land area used; or iii) the size of the profile of an antenna array or of the entire wireless facility shall be as set forth in the city's schedule of fees.

(c)

All applicants shall follow the instructions for preparing an application that shall be provided prior to the submittal of an application or at any time upon request. Not closely following the instructions without permission to deviate from such may result in the application being deemed incomplete and noncompliant and treated as permitted under applicable state and federal law. The city may reject applications not meeting the requirements stated herein.

(d)

There shall be a preapplication meeting for all intended applications. The purpose of the preapplication meeting will be to address issues that will help to expedite the review and permitting process and certain issues or concerns the city may have. A preapplication meeting shall also include a site visit if a site visit is deemed advisable by the city. Costs of any city expert assistance to prepare for and attend the preapplication meeting and conduct the site visit will be borne by the applicant and paid for out of the required deposit, as set forth in section 114-556(i) of this article.

(e)

Balloon test for new tower or for increasing the height or profile of an existing tower.

(1)

Prior to filing an application for a new tower or for increasing the height of an existing tower, the applicant shall hold a "balloon test."

(2)

The applicant shall fly, or raise upon a temporary mast, a minimum of a ten foot in length brightly colored balloon with horizontal stabilizers to minimize the effects of wind at the maximum height of the proposed new tower, including any attachments of any kind.

(3)

The city and the applicant shall agree upon dates for the balloon test. The test shall be conducted on the agreed upon date. A second date shall be a back-up date in case of poor visibility or wind speed in excess of 15 mph on the agreed upon first date. The dates, times and location of this balloon test shall be advertised by the applicant seven and 14 days in advance of the first test date in a newspaper with a general circulation in the city and as agreed to by the City of Anna Maria. The applicant shall erect or cause to be erected a notice sign on the property intended for the tower. Such sign shall be placed off of, but as near to, the public right-of-way as is possible. Such sign shall contain the times and date(s) of the balloon test, as well as a copy of the proposed site plan.

(4)

The applicant shall notify all property owners within the city located within 1,500 feet of the nearest property line of the subject property of the proposed construction of the tower and wireless facility and of the date(s) and time(s) of the balloon test. Such notice shall be provided at least 14 days prior to the conduct of the balloon test and shall be delivered by U.S. Mail.

(5)

The balloon shall be flown for at least four consecutive hours between 10:00 a.m. and 2:00 p.m. on the dates chosen. The primary date shall be on a weekend, but the second date, in case of poor visibility on the initial date, may be on a weekday. A report with photographs of the balloon from various locations shall be provided with the application. The location from which photographs will be taken will be determined by the city or its delegate at the preapplication meeting.

(f)

An applicant shall submit to the city the number of completed applications determined to be needed at the preapplication meeting. However, applications will not be provided to the city by the applicant, other than to staff, until the application is deemed complete.

(g)

The holder of a conditional use permit shall notify the city of any intended modification of a wireless telecommunication facility and shall apply to the city to modify, relocate or rebuild any portion of a wireless telecommunications facility.

(h)

An application to increase the height of a tower or other structure or that will have the effect of increasing the profile (i.e., visual intrusiveness) of the facility or the size of the compound or leased area shall be deemed a new tower and shall not qualify for treatment as an attachment to an existing tower or other structure under this section.

(i)

Retention of expert assistance and fees:

(1)

The city is authorized to hire consultants and experts of its choosing which are necessary to assist the city in reviewing and evaluating the application, including the construction and modification of the site, once permitted, and any site inspections. The city commission shall set an application fee schedule by resolution from time to time. Such application fee schedule may be set to allow the city to receive reimbursement of its actual costs in reviewing the application and any subsequent field inspections, including the city's costs for retention of consultants and experts.

(2)

An applicant shall deposit with the city funds sufficient to reimburse the city for all reasonable costs of i) consulting and expert evaluation and consultation with the city or the applicant in connection with the submission and/or review of any application including; ii) determining the completeness of the application; iii) analyzing any requests for waiver, relief or exemption; iv) any lease negotiations and any pre-submittal review requested by the applicant, all of which are deemed part of the preapproval evaluation; and including v) the construction and/or modification of the site. The placement of the deposit with the city shall precede any site visit or preapplication meeting or any work being done as regards an application, including the receipt of an application.

(3)

The city will maintain a separate record or account for all such funds. The city's consultant/expert shall invoice the city for its services and such are to be paid out of the deposit and not from the city's budgeted revenue. Any expert assistance-related cost incurred after the initial review of the application to determine its completeness, truthfulness and accuracy, and except for any required hearing(s) and inspections, shall be deemed to have been necessitated by the applicant or a deficient or incomplete application, unless otherwise expressly directed or caused by the city.

(4)

No work shall be done on an application for which the full amount of the escrow deposit as set forth in the city's schedule of fees has not been placed with the city. In the event the deposit minimum balance as set forth in the city's schedule of fees is not maintained, all work on the application shall cease until the deposit is replenished as required.

(5)

The total amount of the funds needed as set forth in this section may vary with the scope and complexity of the project, the completeness, accuracy, factual correctness and truthfulness of the application, necessary or requested discussions with the applicant, and other information as may be needed to complete the necessary review and analysis of the application and the inspection of any construction or modification.

(6)

Records of all outside costs associated with the review and permitting process shall be maintained and available for public inspection, in compliance with applicable law.

(j)

All applicants for a conditional use permit for wireless telecommunications facilities or any modification of such facility shall comply with the requirements set forth in this article.

(k)

An application to increase the height of a tower or other structure shall be deemed a new tower and shall not qualify for treatment as an attachment to an existing tower or other structure under this section.

(l)

Any and all representations made by the applicant to the city by or on behalf of an applicant during the application process, whether written or verbal, shall be deemed a part of the application and will be deemed to have been relied upon in good faith by the city. Any verbal representation by the applicant shall be treated as if it were made in writing.

(m)

An application for a conditional use permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and shall contain an attestation as to the truth and completeness of the information.

(n)

The applicant shall provide documentation to verify it has the right to proceed as proposed on the site. This requires an executed copy of the unredacted lease with the landowner or landlord or a signed letter of agency acknowledging authorization. If the applicant owns the site, a copy of the ownership record is required. If the application involves attaching to an existing tower, an unredacted copy of the attachment agreement or lease shall be provided.

(o)

The applicant shall include a statement in writing:

(1)

All facilities receiving a permit under this article shall be maintained in a safe manner, and in compliance with all conditions of any applicable permit(s) granted by the city without exception, unless specifically granted relief by the city in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable city, state and federal laws, rules, and regulations and that the owner of the structure accepts responsibility for such at all times and under all circumstances, excepting force majeure situations over which the owner of the structure and/or the lessee or sublessees had no control; and

(2)

That the construction of the wireless telecommunications facilities is legally permissible, including, but not limited to, the fact that the applicant is authorized to do business in the state and the city.

(p)

Where a certification of technical information is called for in this article, such certification shall bear the signature and seal of a professional engineer licensed in the state.

(q)

All design materials shall be signed and bear the seal of a licensed professional engineer with a valid license issued from the state.

In addition to all other required information as stated in this article, all applications for the construction or installation of new wireless telecommunications facilities or the modification of an existing facility shall contain the information hereinafter set forth. Note that an applicant will be granted permission for anything that it can provide clear and convincing evidence of the technical need for and not an applicant's own design criteria for purposes of permitting under this article.

(Ord. No. 12-733, § 2(6), 7-26-12; Ord. No. 12-747, § 2, 12-13-12)

The applicant shall file with the city the following required information.

(a)

Required ownership and management information.

(1)

The name, address and phone number of the person preparing the application;

(2)

The address and phone number of i) the applicant's business office responsible for the application; and ii) the name, address and phone number for the entity responsible for the oversight of the construction of the facility, but not the contractor; and iii) the name, address and phone number of the office responsible for the on-going maintenance and administration of the facility;

(3)

The names, addresses, and phone numbers of both the property owner and the applicant, including the legal name of the property owner and the applicant. If the owner of the structure is different than the applicant, the name and all necessary contact information shall be provided;

(4)

The postal address and tax map parcel number of the property;

(5)

A copy of the FCC license applicable for the intended use of the applicant's facility.

(b)

Required zoning and planning information.

(1)

The zoning district or land use designation in which the property is situated;

(2)

The size of the property on which the structure to be attached to is located, stated both in square feet and lot line dimensions, and a valid survey showing the location of all lot or property lines;

(3)

The location, size and height of all existing and proposed structures on the property on which the structure is located and that is the subject of the application;

(4)

If attaching to an existing tower or other structure and increasing the height of the tower or other structure and/or increasing the size of the profile of any mounted equipment and/or the increasing the size of the leasehold area or any compound associated with the site, a site plan showing the vertical rendition of the tower or other structure that identifies all users and attachments to the tower or other structure and all related fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color and lighting;

(5)

If attaching to a building or other structure and thereby increasing the height of the structure and/or the size of the profile of any mounted equipment, a site plan showing the proposed attachments and all related fixtures, structures, appurtenances and apparatus, including height above the roof or balustrade of a building, whichever is appropriate;

(6)

The azimuth, size and center line height location of all proposed and existing antennas on the supporting structure;

(7)

The number, type and model of the antenna(s) proposed, along with a copy of the specification sheet(s) for the antennas;

(8)

The type, locations and dimensions of all proposed and existing landscaping, and fencing;

(9)

The number, type and design of the telecommunication tower(s) and antenna(s) proposed and the basis for the calculations of the telecommunication tower's capacity to accommodate multiple users;

(10)

The applicant shall disclose in writing any agreement in existence prior to submission of the application that would limit or preclude the ability of the applicant to share any new telecommunication tower that it constructs;

(11)

In addition to complying with the applicable portions of this article, a site plan shall be reviewed under and pursuant to chapter 74 of the city's Code.

(c)

Proof of need for the facility.

(1)

The applicant has the burden of showing need for wireless telecommunications facility. Need shall be governed by this section. The applicant shall provide proof of need by submitting the following:

(2)

A detailed narrative description and explanation of the specific objective(s) for the new facility, or the modification of an existing wireless facility, expressly including and explaining the purpose and technical need for the facility as defined herein, such as coverage and/or capacity needs or requirements, and identifying the specific geographic area of intended coverage;

(3)

Technical documentation that provides clear and convincing evidence of the technical need for the wireless telecommunications facility to provide service primarily and essentially within the City of Anna Maria. Such documentation shall include a propagation study and map(s) of the proposed site and all adjoining existing and proposed sites that demonstrates a significant gap in coverage. If a capacity issue is involved, the applicant shall include an analysis of the current and projected usage (traffic data studies) using generally accepted industry methods and standards so as to provide clear and convincing evidence the need for what is proposed, e.g., an Erlang study or other specific data as necessary and appropriate as directed by the city;

(4)

All of the modeling information (i.e., data) inputted into the software used to produce propagation studies, including, but not limited to, any and all default settings and assumptions made in producing any propagation maps;

(5)

A copy of the FCC license applicable for the intended use of the wireless telecommunications facility, as well as a copy of the five- and ten-year build-out plan required by and filed with the FCC;

(6)

The frequency, modulation and class of service of radio or other transmitting equipment;

(7)

The maximum transmission power capability of all radios intended to be used, if the applicant is a cellular or functional equivalent carrier, or the maximum transmission power capability of all transmission facilities if the applicant is not a cellular or functional equivalent carrier;

(8)

The gain of all amplifiers used on the transmission or receipt of information;

(9)

The actual intended transmission power stated as the maximum effective radiated power (ERP) both in dBm's and watts; and

(10)

A signed certification that the information shown as being used in the production of any study(ies) related to the purpose and need for what is being requested is what was actually used to produce the study(ies).

(d)

Required safety information.

(1)

If attaching to a tower, the age of the tower in years, including the date of the grant of the original permit or authorization for the tower.

(2)

If attaching to a tower, a description of the type of tower, e.g., guyed, self-supporting lattice or monopole.

(3)

If attaching to a tower, the make, model, type and manufacturer of the tower and the structural design report with all calculations, certified by a professional engineer licensed in the state, proving the tower's capability to safely accommodate the facilities of the applicant without change or modification without exceeding a literal 99 percent of the structure's designed loading capability.

(4)

If any change or modification of the tower or other structure to be attached to is needed, a detailed narrative explaining i) what changes are needed; ii) why they are needed; and iii) the individual who will be responsible to assure that the changes are made.

(5)

If the applicant is proposing to attach to a tower that has not previously been permitted under this law, unless the applicant can provide proof that this was provided at the time of the initial application for the tower or other structure, the applicant shall provide a copy of the installed, as-built foundation design, as well as a geotechnical subsurface soils investigation and evaluation report and a foundation recommendation for the tower or other structure at the proposed location.

(6)

If increasing the height of an existing structure or of a tower that is five years old or older a copy of the latest ANSI Report done pursuant to the edition of ANSI-EIA/TIA 222 - Annex E in effect at the time of the application related to the maintained current condition of a facility. If an ANSI inspection and report has not been done pursuant to the preceding schedule, an ANSI inspection and report shall be done including all applicable issues set forth in the most recent edition of ANSI-EIA/TIA 222 and submitted as part of the application. No building permit shall be issued for any wireless facility where the structure being attached to is in need of remediation to bring it into compliance with most recent edition of ANSI-EIA/TIA 222 - Annex E vis-a-vis the physical condition and overall safety of the facility, unless and until all remediation work needed has been completed or a schedule for the remediation work and the on-site verification of such work has been approved by the planning department.

(7)

If attaching to an existing structure other than a tower, a structural report signed by a professional engineer licensed in the state and bearing that engineer's currently valid stamp, showing the structure is adequate to accommodate the proposed facility(ies), including any equipment shelter, unless the equipment shelter is located on or below the ground or on the ground floor of a building. If attaching to a structure and thereby increasing the height of the structure, other than a tower, to which the public has or could reasonably have or gain access to, unless expressly prohibited by superseding federal or state law, documentation shall be provided, including all calculations showing that the potential exposure to RF radiation (i.e., NIER or non-ion emitting radiation), will be in compliance with the most recent Federal Communications Commission regulations governing RF radiation and exposure thereto, and further denoting the minimum distance a member of the public may safely stand from any antennas without being exposed to RF radiation in excess of the FCC's permitted standards and any portion(s) of the structure or the area around the structure that would be exposed to RF radiation in excess of the FCC's permitted standards. Spatial averaging shall not be used to determine the potential exposure in relation to any part or portion of a human body.

(8)

Unless prohibited by federal or state law, the city may deem it appropriate to have an on-site RF survey of the facility done after the construction or modification and activation of the facility, such to be done under the direction of the city or its designee, and an unredacted copy of the survey results provided, along with all calculations, and denoting with specificity any and all locations not in compliance with the FCC's regulations.

(9)

All sections or portions of the structure to be attached to and the area around the structure shall at all times be in compliance with the FCC's regulations regarding RF emissions/radiation. Should the city determine or have reasonable cause to suspect that any section or portion of the telecommunication facility or the area adjacent to it is in noncompliance with the FCC regulations, unless expressly prohibited by superseding federal or state law, the city reserves the right to require that section or portion to be cordoned off with a suitable material to discourage approaching into the area in excess of the FCC's regulations, and be marked off with appropriately colored warning tape, as well as placing RF appropriate signage as needed and appropriate to warn individuals of the potential danger.

(10)

In the event that the city has reason to suspect a facility or any portion of a facility is not in compliance with the FCC's RF emissions regulations or any other safety-related matter, e.g., noncompliance with the latest version of ANSI EIA/TIA 222, the appropriate federal agency may be called upon to investigate and resolve the matter. Notwithstanding anything to the contrary in the preceding, for safety-related matters the city expressly reserves all rights and authority of its police powers to protect the health and safety of persons and/or property and to require remediation or elimination of the matter constituting a safety threat, and, if applicable to fine or punish the offending party to the extent allowed by law.

(11)

A signed statement that the applicant will expeditiously remedy any physical or RF interference with other wireless devices or services shall be required.

(12)

The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the proposed new tower or existing structure intended to support wireless facilities is in compliance with Federal Aviation Administration Regulation Part 77 and if it requires lighting. This requirement shall also be for any existing structure or building where the application increases the height of the structure or building. If this analysis determines that an FAA determination is required, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided with the application.

(13)

The applicant shall provide certification with documentation (i.e., structural analysis) including calculations that the telecommunication facility tower and foundation and attachments, rooftop support structure, or any other supporting structure as proposed to be utilized are designed and will be constructed to meet all local, state and federal structural requirements for loads, including wind and including, but not limited to, all applicable ANSI (American National Standards Institute) and EIA/TIA and other safety-related requirements and guidelines.

(14)

All proposed wireless telecommunications facilities shall demonstrate that the facility is sited so as to create the least visual intrusiveness reasonably possible given the facts and circumstances involved, and thereby have the least adverse visual effect on the environment and the nature and character of the neighborhood and the community as a whole, on existing vegetation, and on the residences in the area of the wireless telecommunications facility within 1,500 feet of the property line on which the facility is located. The city expressly requires the use of stealth or camouflage techniques that are technology-neutral, in order to achieve this goal, and such style or technique shall be subject to approval by the commission.

(15)

If the application is for a new tower, or a new antenna attachment to an existing structure other than a tower, or for a modification that noticeably changes the appearance of the structure, the applicant shall furnish a visual impact assessment, which shall include:

a.

A computer generated "zone of visibility map" at a minimum of one mile radius from the proposed structure shall be provided to illustrate locations from which the proposed installation may be seen, with and without foliage, for a new tower or if increasing the height of an existing structure is proposed;

b.

Pictorial representations (photo simulations) of "before and after" views from key viewpoints inside of the city as may be appropriate and required, including, but not limited to, other major roads; and local parks; other public lands; and historic sites normally open to the public. Guidance will be provided concerning the appropriate key sites for photographs to be taken from at the preapplication meeting. The applicant shall provide a "key" map to the photos showing the locations of where the pictures were taken and the distance(s) of each location from the proposed structure;

c.

A written description of the visual impact on abutting and adjacent properties and streets as relates to the need or appropriateness of screening of the proposed facility, including, as applicable, the tower base and any guy wires, fencing and accessory buildings.

(16)

The base and all related equipment shall be screened from view. The applicant shall demonstrate and provide in writing and/or by rendering how it shall effectively screen from view the base and all related equipment and structures of the proposed wireless telecommunications facility.

(17)

The wireless telecommunications facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings and/or nature and character of the community, e.g., nautical. This shall include the utilization of stealth or camouflage or other concealment technology as may be required by the city.

(18)

All utilities at a wireless telecommunications facilities site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the city, including specifically, but not limited to, the city's building codes, the National Electrical Safety Code and the National Electrical Code when and where appropriate.

(19)

All wireless telecommunications facilities shall be constructed, operated, maintained, repaired, provided for removal of, modified or restored in strict compliance with the plain language of all current applicable technical, safety and safety-related codes adopted by the city, state, or United States, including, but not limited to, the most recent editions of applicable portions of any ANSI Code(s), the latest editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.

(Ord. No. 12-733, § 2(7), 7-26-12)

(a)

New towers shall be located on government-used property. Applicants for wireless telecommunications facilities that are not tower-mounted shall locate, site and erect wireless telecommunications facilities in accordance with the following priorities, one being the highest priority and five being the lowest priority.

(1)

On publicly used property or facilities.

(2)

On existing structures on publicly used property without increasing the height of the structure.

(3)

On existing structures on privately owned property without increasing the height of the structure.

(4)

On properties in areas zoned for commercial or ROR (residential and office retail).

(5)

In areas zoned primarily for residential use.

(b)

If the proposed site is not proposed for the highest priority listed above, then a detailed explanation and technical justification (with supporting data and calculations) must be provided as to why each higher priority designation was not selected. The person seeking such an exception must satisfactorily demonstrate the reason(s) why such a permit should be granted for the proposed site, and the commercial impracticability that would be incurred by the applicant if the permit were not granted for the wireless facility as proposed.

(c)

An applicant may not by-pass sites of higher priority by stating the site proposed is the only site leased or selected or because there is an option to lease or an existing lease with a landowner.

(d)

Notwithstanding the above, the city may approve any site located within an area in the above list of priorities, provided that the city finds that the proposed site is in the best interest of the health, safety and welfare of the city and its inhabitants and will not have a deleterious effect on the nature and character of the community and neighborhood. Conversely, the city may direct that the proposed location be changed to another location that is more in keeping with the goals of this article and the public interest as determined by the commission.

(e)

If attached to an existing structure, unless the city commission deems doing so to be in the public interest, it shall be impermissible for a wireless provider's or carrier's facilities and equipment to be relocated from one structure to another without proof that not to do so would prohibit or serve to prohibit the provision of service in the service area served by the existing wireless facility. If the lease for the existing co-location expires and is not renewed, thereby forcing the facility to be moved, such shall be allowed upon i) the provision of clear and convincing evidence satisfactory to the city commission of the need to move or relocate the facility; and ii) the lack of impact on the neighborhood or area. Cancellation of a lease by a wireless provider or carrier shall not be deemed a permissible reason for relocating.

(f)

If appropriate, based on selecting a site of lower priority, a detailed written explanation and technical justification as to why sites of a higher priority were not selected shall be included with the application, including the technical justification for such.

(g)

Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the city may disapprove an application for any of the following reasons:

(1)

Conflict with safety and safety-related codes and requirements;

(2)

Conflict with the historic nature or character of a neighborhood or district;

(3)

The use or construction of wireless telecommunications facilities which is contrary to an already stated purpose of a specific zoning or land use designation;

(4)

The placement and location of wireless telecommunications facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the city, or employees of the service provider or other wireless service providers;

(5)

The placement and location of a wireless telecommunications facility would result in a conflict with, compromise in or change of the nature or character of the surrounding area as such may have evolved;

(6)

Conflicts with the provisions of this article.

(h)

Notwithstanding anything to the contrary in this article, for good cause shown, the city may require the relocation of a proposed site, including allowing for the fact that relocating the site chosen by the applicant may require the use of more than one site to provide substantially the same service, if the relocation could result in a less intrusive facility or facilities, singly or in combination, so long as such does not prohibit or serve to prohibit the provision of service.

(i)

Construction requirements. All construction of any kind related to or associated with a wireless telecommunications facility shall comply with all required and applicable codes, including, but not limited to, the Florida Building Code and the latest edition of ANSI EIA/TIA 222.

(Ord. No. 12-733, § 2(8), 7-26-12)

(a)

Any tower shall be of the monopole type. No lattice towers, whether self-supporting or guyed, shall be permitted in the city.

(b)

The tower shall be structurally designed to accommodate at least four antenna arrays equivalent to those of the applicant as regards the load and stress created on the tower, and located as close to the applicant's antenna as possible without causing interference. A claim of interference because of a need to have greater than six feet of vertical clearance between the centerlines of antennas, measured from the vertical centerline of one array to the vertical centerline of another, must be shown by technical data and not merely verbal or written assertions. This requirement may be waived, provided that the applicant, in writing and with calculations, demonstrates that the provisions of future shared usage of the tower is not technologically feasible, is commercially impracticable or would cause substantial harm to the applicant or creates an unnecessary and unreasonable burden, based upon:

(1)

The kind of wireless telecommunications facilities site and structure proposed; and

(2)

Available space on existing and approved towers.

(c)

The need for more than six feet of vertical clearance between antenna arrays, measured from the vertical centerline of one array to the vertical centerline of another, such that there would not be adequate vertical space to accommodate a total of four carriers if the tower were subsequently increased in height. Proof of technical need: The applicant shall submit documentation justifying the technical need by the service provider for the total height of any tower, facility and/or antenna requested and the basis therefore. Documentation shall include propagation studies showing all modeling data used to produce the studies at the height requested and at a minimum of ten feet lower in height than requested. The modeling information shall be certified as being the information actually used to produce the propagation maps and studies or other justification. Such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the city, to the extent practicable, unless good cause is shown.

(d)

The city will approve the lowest tower possible to avoid a prohibition of service or the effect of a prohibition of service. The applicant shall maximum show by clear and convincing evidence that but for the additional height, wireless service would be prohibited. Incidental coverage outside the city is permissible, but the desire to provide service outside the city shall not be justification for a tower or a tower taller than the technical need required to provide service within the city.

(Ord. No. 12-733, § 2(9), 7-26-12)

(a)

Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by Federal Aviation Administration.

(b)

All new wireless telecommunications facilities, including but not limited to towers, shall utilize stealth or camouflage techniques so as to make the facility as visually unobtrusive as is reasonably possible.

(c)

Any tower shall either be galvanized and/or painted with a rust-preventive paint of an appropriate color or both. The paint must harmonize with the surroundings so as to aid in camouflaging the tower. The tower shall be maintained in accordance with the requirements of this article.

(d)

If lighting is required, the applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. Any tower requiring lighting shall be lighted so as to effectively eliminate the ground scatter effect of the lighting and so as to prevent the light from being seen from the ground. All such lighting shall be affixed with technology that enables the light to be seen as intended from the air, but that prevents the ground scatter effect so that it is not able to be seen from the ground to a height of at least 12 degrees vertical for a distance of at least one mile in a level terrain situation. Such device must be compliant with or not in conflict with FAA regulations. A physical shield may be used, as long as the light is able to be seen from the air, as intended by the FAA.

(e)

All new or replacement antennas associated with a monopole shall be mounted within the interior of the monopole, unless the applicant can provide clear and convincing evidence that it is technologically impracticable.

(f)

Any antennas mounted on the fascia of the building shall not increase the height of the building. Additionally, building mounted antennas shall match the color, and if possible the texture, of the building or in a manner so as to make the antennas as visually innocuous and undetectable as is possible given the facts and circumstances involved.

(Ord. No. 12-733, § 2(10), 7-26-12)

All wireless telecommunications facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access and shall be constructed in such a manner that they are readily accessible only to persons authorized to operate, service or inspect them.

(Ord. No. 12-733, § 2(11), 7-26-12)

Wireless telecommunications facilities shall contain a sign no larger than four square feet in order to provide adequate notification to persons in the immediate area of the presence of RF radiation or to control exposure to RF radiation within a given area. At or immediately adjacent to the entrance, appropriate signage of the same size is also to be installed and show the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. On tower sites, at or immediately adjacent to the entrance, an FCC registration sign, as applicable, is also to be present. The signs shall not be lighted, unless applicable law, rule or regulation requires lighting. No other signage, including advertising, shall be permitted.

(Ord. No. 12-733, § 2(12), 7-26-12)

(a)

Any proposed tower shall be set back from abutting property lines, recorded rights-of-way and the physical edge or curb of any road or street by the greater of the following distances: A distance equal to 110 percent of the maximum height of the proposed tower or the existing setback requirement of the underlying zoning district, whichever is greater. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated. The fall zone or setback shall be measured from the nearest portion of the right-of-way of any public road or thoroughfare and from the nearest portion of any occupied building or domicile. The fall zone requirement contained in this subsection shall apply only to towers constructed after the date of adoption of this article.

(b)

There shall be no development of habitable buildings within the fall zone or setback area set forth in the preceding subsection (a).

(Ord. No. 12-733, § 2(13), 7-26-12)

(a)

The city will undertake a review of an application pursuant to this article in a timely fashion, consistent with its legal responsibilities, and shall act in compliance with applicable state and federal law and regulation. The burden of proof for compliance with this article and the grant of the permit by competent and substantial evidence shall always be upon the applicant.

(b)

Upon written notification to an applicant that the application is not complete under this article, including the reasons for such incompleteness and the information necessary to make the application complete, pursuant to the FCC's applicable rules and policies the city may elect to toll the maximum time permitted, i.e., stop the clock, for action on the application under the FCC's Rules and Policies and Florida law at Section 365.172 until the application is complete and the information provided can be determined complete, accurate and correct.

(c)

Applications for a conditional use permit for a new tower or for any facility that increases the height or profile of the structure to which it is to be attached, are subject to approval at a public hearing before the city commission. Notice of the public hearing shall be published in a newspaper of general circulation in the city no less than ten calendar days prior to the scheduled date of the public hearing. The applicant shall notify all owners of property within the boundaries of the city within 1,000 feet of any property line of the lot or parcel on which the new tower or wireless telecommunications facilities are proposed to be located. Notification of the landowners shall be by certified U.S. mail. The applicant shall provide to the city an affidavit of mailing and a list of all addresses to which notice was mailed. The affidavit shall be provided to the city prior to the hearing. Mistakes in notice may be grounds for continuance of the hearing.

(d)

After any public hearing and after formally considering the application, the city may approve, approve with conditions, or deny a conditional use permit. Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. Any conditions attached to the approval shall be designed to mitigate any adverse impacts of the tower or other facility.

(e)

If the city approves the conditional use permit for wireless telecommunications facilities, the permit shall be issued in writing within ten business days after such approval. Except for necessary building permits, and subsequent certificates of compliance, once a conditional use permit has been granted hereunder, no additional permits or approvals from the city, such as site plan or zoning approvals, shall be required by the city for the wireless telecommunications facilities covered by the conditional use permit. Notwithstanding the foregoing, a site plan approval is required if the applicant proposes changes to the site that would independently result in the need for site plan review pursuant to chapter 74 of the city's Code of Ordinances. The applicant may request that the facility approval and the site plan approval be combined and heard at the same hearing.

(f)

If the city denies the conditional use permit for wireless telecommunications facilities, then the applicant shall be notified of such denial in writing within ten business days of the city's action. The city shall set forth in writing the reason or reasons for the denial.

(g)

A permit is issued subject to the following conditions:

(1)

A conditional use permit shall not be assigned, transferred or conveyed without the express prior written notification to the city. The original permittee shall be deemed responsible in all permissible respects until the city has been notified of the transfer.

(2)

A conditional use permit issued under this article shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total.

(h)

When an application qualifies for administrative review, the review shall be conducted under the office of the mayor by the appropriate technical and professional representatives of the city. All substantive procedural requirements shall still pertain unless explicitly deemed inapplicable by this article.

(Ord. No. 12-733, § 2(14), 7-26-12; Ord. No. 12-747, § 3, 12-13-12)

The applicant and the owner of record of any proposed tower or other support structure shall, at its cost and expense, file with the city a bond, or other form of security acceptable to the city as to the type of security and the form and manner of execution, in an amount as set forth by resolution in the city's fee schedule as may be changed from time to time for i) the removal of the tower or structure with such sureties as are deemed sufficient by the city; and ii) to assure the faithful performance of the terms and conditions of this article and conditions of any conditional use permit or any other applicable permit or authorization issued pursuant to this article. The full amount of the bond or security shall remain in full force and effect throughout the term of the conditional use permit to assure faithful performance under this article and in the event of abandonment until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original conditional use permit. The city and licensed amateur radio operators are expressly exempted from this requirement.

(Ord. No. 12-733, § 2(15), 7-26-12)

In order to verify that the holder of a conditional use permit for wireless telecommunications facilities and any and all lessees, renters, and/or licensees of wireless telecommunications facilities, place and construct such facilities, including towers and antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the city may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, towers, antennas and buildings or other structures constructed or located on the permitted site.

(Ord. No. 12-733, § 2(16), 7-26-12)

The owner of a wireless telecommunications facility within the city shall annually file a certified report with the city showing the results of on-site testing conducted within the previous 30-day period as regards the cumulative RF emissions from the facility and the results as compared to the applicable standard for the type of facility under the FCC's standards for RF emissions contained in OET Bulletin 65. The report shall include the raw data from all measurements and an explanation of the methodology used to conduct the testing.

(Ord. No. 12-733, § 2(17), 7-26-12)

(a)

A holder of a conditional use permit for a tower shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the conditional use permit in amounts as set forth below:

(1)

Commercial general liability covering personal injuries, death and property damage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate; and

(2)

A $3,000,000.00 umbrella coverage.

(b)

The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least "A".

(c)

The insurance policies shall contain an endorsement obligating the insurance company to furnish the city with at least 30 days prior written notice in advance of the cancellation of the insurance.

(d)

Renewal or replacement policies or certificates shall be delivered to the city at least 15 days before the expiration of the insurance that such policies are to renew or replace.

(e)

Before construction of a permitted wireless telecommunications facilities is initiated, but in no case later than 15 days after the grant of the conditional use permit, the holder of the conditional use permit shall deliver to the city a copy of each of the policies or certificates representing the insurance in the required amounts.

(f)

A certificate of insurance that states that it is for informational purposes only and does not confer rights upon the city shall not be deemed to comply with this section.

(Ord. No. 12-733, § 2(18), 7-26-12)

(a)

Any tower used as a wireless telecommunications facility, as defined herein, shall be dismantled and removed within 90 days after it is not longer used as a wireless telecommunications facility. The owner of any tower or wireless facility shall be required to provide a minimum of 30 days' written notice to apply for and obtain a demolition or other appropriate permit from the city prior to abandoning or removing any such tower or wireless facility.

(b)

For purposes of this section, "abandonment" or "abandoned" shall mean not being actively used as a wireless telecommunications facility actually providing service for a period exceeding 90 consecutive days or a total of 180 days in any 365-day period, except for such periods of time that are caused by force majeure or acts of God, and such periods shall not be considered as abandonment.

(c)

If the city determines that the conditions described in subsections in this section exist, then the city shall notify the holder of the conditional use permit for the wireless telecommunications facilities within 48 hours that said wireless telecommunications facilities has been found to be abandoned or otherwise in violation of this article or the conditions set forth in the conditional use permit. The owner and permittee shall then take such appropriate steps to cure the violation. If the facility(ies) remain in violation of this article or the conditional use permit governing the site, the city may institute code enforcement proceedings or such other appropriate remedy as allowed by law. In addition to all remedies available under the city's code enforcement proceedings, the special magistrate or other presiding code enforcement authority, may order removal of the wireless telecommunications facilities, including any tower which had been used as a mount for wireless telecommunications facilities.

(d)

The holder of the conditional use permit, shall dismantle and remove such wireless telecommunications facilities and all associated structures and facilities from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the city.

(e)

If subsection (d) of this section is not complied with, the city may call the bond or other security when:

(1)

A permitted wireless facility falls into such a state of disrepair that it creates a health or safety hazard and the owner of the facility has refused to remediate the situation so that it no longer presents a threat or hazard; or

(2)

Wireless telecommunications facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by or in violation of the required conditional use permit, or any other necessary authorization.

(Ord. No. 12-733, § 2(19), 7-26-12)

Any applicant desiring relief, waiver or exemption from any aspect or requirement of this article may request such at the preapplication meeting, provided that the relief or exemption is contained in the submitted application for either a conditional use permit, or in the case of an existing or previously granted conditional use permit a request for modification of its tower and/or facilities. Such relief may be temporary or permanent, partial or complete. However, the burden of proving the need for the requested relief, waiver or exemption is solely on the applicant to provide clear and convincing evidence that, pursuant to 47 U.S.C. § 332(c)(B)(ii), not being granted relief as requested would prohibit or have the effect of prohibiting the provision of service. The applicant shall bear all costs of the city in considering the request and the relief, waiver or exemption. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted, the relief, waiver or exemption will have no significant affect on the health, safety and welfare of the city, its residents or other wireless service providers. Any applicant who believes that this article places burdens on the application that are commercially or technologically impracticable is required to seek relief under this section from such impracticability.

(Ord. No. 12-733, § 2(20), 7-26-12)

To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a conditional use permit for wireless telecommunications facilities, then the holder of such a conditional use permit shall conform the permitted wireless telecommunications facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.

(Ord. No. 12-733, § 2(21), 7-26-12)