(a)

The regulations and requirements of this article are intended to:

(1)

Promote the health, safety and general welfare of the citizens by regulating the siting of wireless communication facilities;

(2)

Accommodate the growing need and demand for wireless communication services;

(3)

Provide for the appropriate location and development of wireless communication facilities within the city;

(4)

Minimize adverse visual effects of wireless communication facilities through careful design, siting, landscaping screening and innovative camouflaging techniques;

(5)

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

(6)

Encourage the location and co-location of antennas on existing structures thereby minimizing new visual impacts and reducing the need for additional towers; and

(7)

Further the balance between the need to provide for certainty to the communications industry in the placement of wireless communication facilities and the need to provide certainty to the residents and citizens of the city that the aesthetic integrity of the city will be protected from the proliferation of unnecessary towers.

(b)

Wireless communication facilities will be regulated and permitted pursuant to this article and not regulated or permitted as essential services, public utilities or private utilities.

(Ord. No. 98-13, § 3, 10-19-98)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory equipment building means any building, cabinet, or equipment enclosure constructed for the primary purpose of housing the electronics, backup power, power generators and other free standing equipment associated with the operation of antennas.

Administrator shall mean the administrator of the City of Belle Glade Planning and Building Department or designee.

Antenna support structure shall mean any building or structure used or useable for one (1) or more antennas.

Anti-climbing device shall mean any means of preventing accessibility to a tower.

Antenna shall mean any exterior apparatus device, mounted on a tower, building or structure, used for transmitting and receiving that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless communication signals, or other communication signals. For the purposes of this article, the term antenna does not include over-the-air reception devices which deliver television broadcast signals, direct broadcast signals, direct broadcast satellite services, or multichannel multipoint distribution services, as defined and regulated by 47 CFR 1.4000, as amended, or any device otherwise meeting the definition set forth herein which is less than thirty (30) feet in total height.

Applicant shall mean any person that applies for a tower development permit.

Application shall mean the process by which the owner of a parcel of land within the city submits a request to develop, construct, build, modify, or erect a tower upon such parcel of land. Application includes all written documentation and representations, in whatever form or forum, made by an applicant to the city concerning such a request.

Engineer shall mean a registered structural engineer in the State of Florida with expertise in tower design.

FAA shall mean the Federal Aviation Administration.

FCC shall mean the Federal Communications Commission.

Owner shall mean any person with fee title to or a long-term (exceeding ten (10) years) leasehold interest in any parcel within the city who desires to develop, or construct, build, modify, or erect a tower upon such parcel of land.

Provider shall mean an FCC-licensed company.

Total Height shall mean from the ground to its highest point including any and all appurtenances.

Tower shall mean a structure, such as a lattice tower, guy tower, or monopole tower, constructed as a freestanding structure or in association with a building, other permanent structure, or equipment, on which is located one (1) or more antennas intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service, or similar forms of electronic communication. The term includes microwave towers, common-carrier towers, cellular phone towers, alternative tower structures, and any support thereto.

Wireless communications facilities shall mean facilities that are used to provide or facilitate one (1) or more wireless communications services, including antennas and towers, either individually or together.

Wireless communications services means the transmission of information by electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless communications signals, or other communications signals, whether or not the transmission medium is owned by the provider itself.

(Ord. No. 98-13, § 3, 10-19-98)

Application for a building permit or special use permit for any wireless communications facility shall be made to the administrator by the person, company or organization that will own and operate the wireless communications facility. An application will not be considered until it is complete. The following information shall be submitted when applying for any building permit, special use permit or other permit or variance included in this article and must be submitted for an application to be considered complete:

(1)

Basic information:

a.

The name, address and telephone number of the owner and lessee of the parcel of land upon which the tower is situated. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner shall be evidenced in the application.

b.

The legal description, folio number, and address of the parcel of land upon which the wireless communications facilities is situated or proposed to be situated.

c.

The names, addresses and telephone numbers of all owners of other towers or antenna support structures within a one-half-mile radius of the proposed new wireless communications site, including city-owned property.

d.

Site plan and plans to scale specifying the location of wireless communications facilities, transmission and accessory equipment buildings, accessory uses, access, parking, fences, landscaped areas, adjacent land uses and distance of all buildings or structures adjacent to the site. Applicants shall submit a location map identifying such specifications.

e.

Landscape plan to scale indicating size, spacing and type of plantings required in section 31-334(a)(7).

f.

A full description of the environment surrounding the proposed wireless communications facility, including any adjacent residential structures and districts, structures and sites of historic significance, streetscapes or scenic view corridors.

g.

A description of anticipated maintenance needs for the wireless communications facility, including frequency of service, personnel needs, equipment needs, traffic volume and noise or safety impacts of such maintenance.

h.

Report from a qualified independent engineer licensed in the State of Florida, documenting the following:

1.

Wireless communications facility height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design.

2.

Total anticipated capacity of the wireless communications facility, including number and types of antennas which can be accommodated.

3.

Evidence of structural integrity of the tower structure.

4.

Structural failure characteristics of the wireless communications facility and demonstration that site and setbacks are of adequate size to contain debris.

i.

A definition of the area of service to be served by the wireless communications facility and whether such facility is needed for coverage or capacity.

j.

Information showing the proposed facility would provide the needed coverage or capacity.

k.

The identity of a community liaison officer appointed by the applicant to resolve issues of concern to neighbors and residents relating to the construction and operation of the facility. Include name, address, telephone number, facsimile number and electronic mail address, if applicable.

l.

Identification of the geographic service area for the subject installation, including a map showing the site and the nearest or associated wireless communications facility sites within the network, including a description of the distance between the wireless communications facility sites and how this service area fits into and is necessary for the service network.

m.

Designation of which location preference, identified in section 31-334, the proposed facility is meeting. If the proposed location is not a preferred location site or is a disfavored site, describe:

1.

What publicly used buildings, co-location sites or other preferred location sites are located within the geographic service area. Provide a list (by address with lot and block number noted) and a 1:200 scale map of all such buildings within the service area.

2.

What good faith efforts and measures were taken to secure each of these preferred location sites.

3.

Why each such site was not technologically, legally or economically feasible and why such efforts were unsuccessful.

4.

How and why the proposed site is essential to meet service demands for the geographic service area and citywide network.

n.

Written, technical evidence from a qualified engineer delivered to the fire marshal and the building official that the proposed site of the wireless communications facility does not pose a risk to explosion, fire or other danger to life or property due to its proximity to volatile, flammable, explosive or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals.

o.

Proof that the proposed wireless communications facility meets or exceeds the standards and requirements of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate wireless communications towers and facilities. This requirement specifically includes proof that RF emissions will meet FCC standards.

p.

The planning and zoning board and city commission may each require an applicant to supplement any information that the board or commission considers inadequate or that the applicant has failed to supply. The application may be denied on the basis that the applicant has not supplied the information required in this subsection. Applications shall be reviewed by the city in a prompt manner and all decisions shall be supported in writing setting forth the reasons for approval or denial.

(2)

Five year plan and site inventory. Each application shall include a five-year facilities plan and site inventory including the following:

a.

A list of all existing, existing to be upgraded or replaced, and proposed wireless communications facility sites within the city limits and within one (1) mile of the city limits and a map showing these sites. The list must include the following information for each site:

1.

Street address.

2.

A legal description.

3.

Zoning district.

4.

Type of building (commercial, residential, mixed use) and number of stories.

5.

The number of antennas and base transceiver stations per site and the location and type of antenna installation (stand alone rooftop, building facade, etc.) and location of the base transceiver station installation(s).

6.

The height from grade to the top of the antenna installation.

7.

The radio frequency range in megahertz, the wattage output of the equipment and effective radiated power.

b.

If the applicant does not know specific future tower and antenna site locations but does know of areas where wireless communications facilities will be needed within the next five years to provide service, the applicant shall list the assessor's blocks contained within the anticipated geographic service area and identify each geographic service area with a number that will correspond to the future wireless communications facility site.

(3)

Additional information requirements for towers:

a.

The applicant must identify all existing towers and all towers for which there are applicants currently on file with the administrator. The applicants must provide evidence of the lack of space on all suitable existing towers to locate the proposed antenna and of the lack of space on existing tower sites to construct a tower for the proposed antenna. If co-location on any such towers would result in less visual impact than the visual impact of the proposed tower, the applicant must demonstrate why such co-location is not being proposed.

b.

The applicant must provide written verification that wireless communications service cannot be provided without the use of a wireless communications tower.

c.

The applicant shall quantify the additional tower capacity anticipated, including the approximate number and types of antennas. The applicants shall provide a drawing for each tower showing existing and proposed antenna locations. The applicant shall also describe any limitations on the ability of the tower to accommodate other uses, e.g., radio frequency interference, mass height, frequency or other characteristics. The applicant shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not chosen to be incorporated. If those limitations cannot be overcome by reasonable technical means, they shall be approved.

d.

The applicant must provide a utilities inventory showing the locations of all water, sewage drainage and power lines impacting the proposed tower site.

(4)

Other information. The applicant must provide any other information which may be requested by the administrator to fully evaluate and review the application and the potential impact of a proposed wireless communications facility to assure that the application complies with the city code.

(Ord. No. 98-13, § 3, 10-19-98)

(a)

Preferred location sites.

(1)

Co-location sites. Any existing wireless communications towers currently being used for transmitting or receiving analog, digital, microwave, cellular telephone, personal wireless service, or similar forms of electronic communication shall be a preferred location site regardless of the underlying zoning designation of the site, provided, however, that locations which meet this criteria shall be subject to the design and siting components of this article and co-location sites shall not become an "antenna farm" or otherwise be visually obtrusive.

(2)

Publicly-used structures. Publicly-used structures are preferred locations throughout the city because they appear in virtually all neighborhoods, are dispersed throughout the city, and due to their institutional or infrastructure uses are generally similar in appearance to or readily adaptable for wireless communications facilities. Therefore, wireless communications facilities should be less noticeable when placed on publicly-used structures than when placed on commercial or residential structures. Publicly-used structures include, but are not limited to, facilities such as police or fire stations, community centers, civic centers, utility structures, water towers, flag poles, and hospitals.

(b)

Disfavored location sites: All family residential structures or multifamily structures shall be a disfavored site for the location of wireless communications facilities.

(Ord. No. 98-13, § 3, 10-19-98)

(a)

General requirements for all wireless communications facilities: The requirements set forth in this section shall govern the location and construction of all wireless communications facilities governed by this article.

(1)

Building codes and safety standards: To ensure the structural integrity of wireless communications facilities, the owner of a wireless communications facility shall ensure that it is erected and maintained in compliance with standards contained in applicable local building codes and the applicable standards for such wireless communications facilities. Owners of wireless communications facilities shall conduct periodic inspections of such facilities at least once every year to ensure structural integrity. Inspections shall be conducted by a qualified, independent engineer licensed to practice in Florida. The results of such inspection shall be provided to the administrator.

(2)

Regulatory compliance:

a.

All wireless communications facilities which are regulated by any agency of the state or federal government with the authority to regulate wireless communications facilities must meet or exceed current standards and regulations. If the governing agencies require changes, then the owners of the wireless communications facilities governed by this article shall bring such wireless communications facilities into compliance with such revised standards and regulations within the date established by the agency promulgating the standards or regulations.

b.

Owners of wireless communications facilities shall provide documentation showing that each wireless communications facility is in compliance with all applicable federal and state requirements. Evidence of compliance must be submitted every twelve (12) months to the administrator.

(3)

Security: All wireless communications facilities shall be equipped with an appropriate anti-climbing device or other similar protective device to prevent unauthorized access to the wireless communications facility.

(4)

Lighting: No unauthorized illumination is permitted on wireless communications facilities. If lighting is required or necessary through FCC or FAA or any other applicable regulating agency, the design must meet the requirements of those agencies and cause the least disturbance to the surrounding uses and views.

(5)

Advertising: No advertising is permitted on wireless communications facilities. However, a whip antenna may be allowed on any legally permitted permanent billboard or outdoor advertising sign as long as the other requirements of this article are met.

(6)

Visual impact:

a.

Wireless communications facilities shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted or textured to match the existing structure so as to reduce visual obtrusiveness.

b.

If an antenna is installed on a structure other than a tower, the antenna and associated electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Roof-mounted antennas shall be made visually unobtrusive by screening to match existing air conditioning units, stairs, elevator towers or other background.

c.

Where feasible, wireless communications facilities should be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.

d.

Wireless communications facilities shall not be placed in a direct line of sight with historic or scenic view corridors as designated by the city commission or by any applicable state or federal law or agency.

(7)

Landscaping:

a.

Landscaping shall be used to effectively screen the view of the wireless communications facility from adjacent public ways, public property and residential property.

b.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing significant vegetation to be removed, and vegetation to be replanted to replace that which will be removed.

c.

The city commission may waive or modify the landscaping requirement where lesser requirements are desirable for adequate visibility for security purposes, for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries and tree farms or where an antenna is placed on an existing structure. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be modified or waived.

(8)

Maintenance: Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a collector or local street, access for maintenance vehicles shall be exclusively by means of the collector or local street.

(9)

Lot size and setbacks:

a.

At a minimum, all wireless communications facilities shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district.

b.

All towers must be set back a distance equal to at least one hundred (100) percent of the height of the tower from any adjoining commercially zoned property lot line.

c.

All towers must be set back a distance equal to at least two hundred (200) percent of the height of the tower or two hundred (200) feet from any adjoining residentially zoned property lot line, whichever is greater, irrespective of whether such residentially zoned property is located within the city's jurisdictional boundaries.

d.

Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located.

e.

Towers, guy wires and accessory facilities must be located on the same parcel as the wireless communications towers.

(10)

Separation or buffer requirements:

a.

For the purposes of this section, the separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower. The minimum tower separation distances shall be calculated and applied irrespective of city jurisdictional boundaries.

b.

Proposed towers must meet the following minimum separation requirements from existing towers or towers which have a development permit but are not yet constructed at the time a development permit is granted pursuant to this Code:

1.

Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed, by a minimum of seven hundred fifty (750) feet.

2.

Self-supporting lattice or guyed tower structures shall be separated from all other self-supporting or guyed towers by a minimum of fifteen hundred (1,500) feet.

(11)

Additional requirements for towers:

a.

Site location and development shall preserve the preexisting character of the surrounding buildings and land uses as much as possible. Wireless communications towers shall be integrated through location and design to blend in with existing characteristics of the site to the extent practical.

b.

Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.

c.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower and related facilities to the natural setting and built environment.

d.

Towers shall not be sited where they will affect historic or scenic view corridors as designated by the city commission or any applicable state or federal law or agency or where they will create visual clutter.

e.

Towers shall be enclosed by decay-resistant security fencing not less than eight (8) feet in height and shall be equipped with an appropriate anti-climbing device or other similar protective device designated to prevent tower access.

f.

Placement of more than one (1) tower on a lot shall be permitted, provided all setback, separation, design and landscape requirements are met as to each tower and a structural engineer determines that the failure of one (1) tower will not lead to multiple failures.

g.

Certificates and inspections:

1.

All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the building code and all other construction standards set forth by the city's code and federal and state law. For new monopole towers, such certification shall be submitted with an application pursuant to section 31-333 of this article and every five (5) years thereafter. For existing monopole towers, certification shall be submitted within sixty (60) days of the effective date of this article and then every five (5) years thereafter. For new lattice or guyed towers, such certification shall be submitted with an application pursuant to section 31-333 of this article and every two (2) years thereafter. For existing lattice or guyed towers, certification shall be submitted within sixty (60) days of the effective date of this article and then every two (2) years thereafter. The tower owner may be required by the city to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.

2.

The city or its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the building code and all other construction standards provided by the city code and federal and state law.

3.

The city reserves the right to conduct such inspections at any time upon reasonable notice to the tower owner. All expenses related to such inspections by the city shall be borne by the tower owner.

(Ord. No. 98-13, § 3, 10-19-98)

(a)

Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.

(b)

Tower owners shall install and maintain towers, wireless communications facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all applicable FCC, state and local regulations, and in such manner that will not interfere with the use of other property.

(c)

All towers, wireless communications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person.

(d)

All maintenance or construction of towers, wireless communications facilities, or antenna support structures shall be performed by licensed maintenance and construction personnel.

(e)

All towers shall maintain compliance with current RF emission standards of the FCC.

(f)

In the event that the use of a tower is discontinued, the tower owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued.

(Ord. No. 98-13, § 3, 10-19-98)

(a)

Accessory equipment buildings used in conjunction with the operation and maintenance of antennas shall be permitted provided they meet the following requirements:

(1)

Do not exceed seven hundred fifty (750) square feet of gross floor area per provider.

(2)

If ground constructed or mounted, do not exceed twenty (20) feet in height and meet the underlying zoning district setback requirements for accessory structures.

(3)

Concealed from public view or made compatible with the architecture of the surrounding structures utilizing landscaping or materials and colors consistent with the surrounding backdrop.

(4)

Located within close proximity, as is reasonably possible, to the structure upon which the antennas are attached.

(5)

Designed, constructed, and installed in compliance with all applicable and local building codes.

(b)

Accessory equipment buildings or structures shall not be used for offices, vehicle storage, or other outdoor storage. Mobile or immobile equipment not used in direct support of a wireless communications facility shall not be stored or parked on the site of the wireless communications facility.

(Ord. No. 98-13, § 3, 10-19-98)

(a)

A tower existing prior to the effective date of this article, which was in compliance with the city's zoning regulations immediately prior to the effective date of this article, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified or demolished and rebuilt without complying with any of the additional requirements of this section, except for section 31-335(a)(11), Separation or Buffer Requirements, section 31-335(a)(11)g, Certifications and Inspections, and section 31-336, Maintenance, provided that:

(1)

The tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six (6) months of the completion of the modification or rebuild, additional wireless communications facilities comparable in weight, size and surface area to the discrete operating wireless communications facilities of any person currently installed on the tower.

(2)

An application for a development permit is made to the city planning and building department. The grant of a development permit pursuant to this section allowing the modification or demolition and rebuild of an existing nonconforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming.

(3)

The height of the modified or rebuilt tower and wireless communications facilities attached thereto do not exceed the maximum height allowed under this article.

(b)

Except as provided in this section, a nonconforming structure or use may not be enlarged, increased in size or discontinued in use for a period of more than one hundred eighty (180) days. This article shall not be interpreted to legalize any structure or use existing at the time this article is adopted which structure or use is in violation of the Code prior to enactment of this article.

(Ord. No. 98-13, § 3, 10-19-98)

Applicant and owner shall allow other future personal wireless service companies, including public and quasi-public agencies, using functionally equivalent personal wireless technology to co-locate antennas, equipment and facilities on a wireless communications facility unless specific technical constraints prohibit said co-location. Applicant and other personal wireless carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructure and shall provide for equitable sharing of cost in accordance with industry standards. Co-location of antennas by more than one (1) provider on existing or new wireless communications towers shall take precedence over the construction of new, single-use wireless communications towers.

(Ord. No. 98-13, § 3, 10-19-98)

Appeals from any decision of the administrator shall be made to the city commission through the city manager.

(Ord. No. 98-13, § 3, 10-19-98)

Wireless communications facilities, including, without limitation, power source, ventilation and cooling, shall be operated at all times within the limits of the city noise ordinance, and shall not be operated so as to cause the generation of heat that adversely affects a building occupant and shall not be maintained or operated in such a manner as to be a nuisance.

(Ord. No. 98-13, § 3, 10-19-98)

(a)

All wireless communications facilities shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such facilities. If upon inspection by the administrator any such wireless communications facility is determined not to comply with the code standards or to constitute a danger to persons or property, then upon notice being provided to the owner facility and the owner of the property, if different, such owners shall have thirty (30) days to bring such facility into compliance. In the event such wireless communications facility is not brought into compliance within thirty (30) days, the city may provide notice to the owners requiring the wireless communications facility to be removed. In the event such wireless communications facility is not removed within thirty (30) days of receipt of such notice, the city may take appropriate action to remove such facility and place a lien upon the property for the costs of removal. Delay by the city in taking action shall not in any way waive the city's right to take action. The city may pursue all legal remedies available to it to insure that wireless communications facilities not in compliance with the code standards or which constitute a danger to persons or property are brought into compliance or removed. The city may seek to have the wireless communications facility removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

(b)

If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this article as if such tower or antenna were a new tower or antenna.

(Ord. No. 98-13, § 3, 10-19-98)

All wireless communications facilities existing on the effective date of this article shall be considered a nonconforming use of land and governed by section 31-10 of this Code.

(Ord. No. 98-13, § 3, 10-19-98)

Any person who violates any portion of this article shall be penalized as provided in section 1-10 of this Code.

(Ord. No. 98-13, § 3, 10-19-98)