The purpose of this article is:

A.

To establish general guidelines for the siting of wireless communications antennas (WCA) and support facilities (WCSF).

B.

To prohibit where lawful the location of WCSFs in residential areas.

C.

To limit WCSFs to property in commercial districts.

D.

To minimize the total number of towers in the city.

E.

To allow the use of existing structures to support provider WCAs as an alternative to new tower construction.

F.

To require the placement of stealth antennas.

G.

To require the joint use of towers through collocation of antennas.

H.

To encourage design and construction of WCA's and WCSF's which minimize adverse visual impacts while enhancing the ability of wireless communications service providers to provide such services within the city quickly, effectively and efficiently.

I.

To provide for the deployment of small and micro wireless facilities and associated support structures in a manner which preserves the city's aesthetic and minimizes visual blight.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

As used in this article, the following terms shall have the meanings indicated:

ANTENNA — Any outdoor apparatus designed for telephonic, radio or television communications through the sending or receiving of electromagnetic waves.

COLLOCATION/COLLOCATING — The situation wherein a second or subsequent wireless provider uses an existing structure to locate a second or subsequent antennae, or small or micro wireless facility. The term includes 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 antennae.

FAA — The Federal Aviation Administration.

FCC — The Federal Communications Commission.

PROVIDER — Any independent entity which is marketing a wireless communications service to any customer, or which is traversing, or emplacing in the city, wireless communications service appurtenances for the commercial offering of such service. For the purposes of determining the number of providers collocating, no two providers shall have any common ownership, corporate or affiliate, legally recognized as a business association, or as a contract or subcontract for providing the same service. The term includes a "competitive local exchange telecommunications company" or a "local exchange telecommunications company" as defined in Florida Statutes § 364.02.

TOWER — Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, greater than 20 feet in height, including antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television towers, microwave towers, common carrier towers, cellular telephone and PCS towers, alternative tower structures and the like.

WIRELESS COMMUNICATIONS ANTENNA (WCA) — An antenna and supporting electrical and mechanical equipment at a fixed location used for the transmission or reception of wireless communications systems.

WIRELESS COMMUNICATIONS FACILITY — Any equipment or facility used to provide wireless communications service and may include, but is not limited to, antennae, towers, equipment enclosures, cabling, antenna brackets, and other such equipment. Placing a wireless communications facility on an existing structure does not cause the structure to become a wireless communications facility.

WIRELESS COMMUNICATIONS SUPPORT FACILITY (WCSF) — A monopole-type tower greater than 20 feet in height, including the antenna, designed for the attachment of or as support for wireless communications antennas or other antennas, and the associated control equipment or other housed freestanding control center necessary to operate the WCSF in the area of the WCSF.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

A.

This article shall apply to all communications service provider WCSFs and WCAs utilized to provide commercial communications services. The requirements set forth in this article shall govern the height, design and placement of WCAs and WCSFs. The installation of a WCA on a building which is nonconforming in terms of current height or use limitations shall not be deemed to constitute the expansion of the nonconforming use.

B.

Amateur radio antennas operated by a federally licensed amateur radio station operator and privately-owned satellite service reception antennas are considered residential or nonresidential accessory uses and are exempt from the provisions of this article.

C.

Pursuant to Florida Statutes § 365.172(b)1 and 5, the city may, in acting upon applications for wireless communications facilities, consider all applicable city land development and zoning regulations including, but not limited to, regulations addressing aesthetics, landscaping, land use based location priorities, structural design, and setbacks, as well as the applicant's compliance with construction standards adopted by the city under Florida Statutes Chapter 553 which are applicable to all similar types of construction.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

A.

Antennas and supporting mechanical equipment may be installed on or attached to buildings, light or power poles, existing wireless or water towers, or other existing freestanding structures in multifamily, commercial or industrial use districts. Such facilities shall add no more than 20 feet in height above the existing structure and shall be a neutral color similar to that of the supporting structure. Stealth antennas may be placed on city property or rights-of-way under a lease or license agreement with the city.

B.

Except as provided for in § 102-196(C), non-stealth antenna facilities shall not be placed in single family residential use districts.

C.

Equipment cabinets may be placed in proximity to the pole within the rights-of-way, but must be camouflaged in such a manner as the City Engineer or her or his designee may dictate and must be outside required sight triangles.

D.

WCAs shall require no personnel on the premises except as necessary for maintenance and repair.

E.

Except as may be authorized by chapter 138 of the city code concerning right-of-way management, no accessory equipment storage areas shall be allowed in any city right-of-way.

F.

WCAs proposed to be located on an historic landmark or in a designated historic district may be denied if the WCA creates a detrimental impact on the historic character of the historic landmark or district.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

A.

Any antenna placed on an existing building, pole, facility or other structure shall not add more than 20 feet to the height of the existing structure, provided that all other applicable standards are met.

B.

Functional or design types, such as stealth antenna facilities, shall be required where appropriate with surrounding uses. To qualify as a stealth facility, illustrations or pictures of facilities similar to that proposed must be presented at the time of application for a development permit. The City Engineer or her or his designee shall make the final determination as to whether the proposed facility complies with the intent of this article and qualifies as a stealth facility.

C.

If placed on a structure, the antenna and associated electrical and mechanical equipment shall be of neutral color that is identical to or compatible with the color of the supporting structure, so as to make the antenna and equipment as unobtrusive as possible.

D.

No lighting shall be permitted unless required by the FAA.

E.

WCAs shall be constructed in compliance with all applicable local, state and federal construction codes.

F.

The WCA shall meet all requirements of the land use district in which it is located which do not directly conflict with this article.

G.

If a WCA requires an accessory equipment storage area, it shall be no greater than 12 feet in height and 240 square feet and shall meet all land use requirements for accessory structures.

H.

All WCAs shall be designed to blend into or meet the aesthetic character of the principal (primary) structure where reasonably practical.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

A.

Provider WCSFs shall be prohibited in all areas within the city except in commercial districts.

B.

The locating of communications facilities, including, but not limited to, antennas and towers, in the public rights-of-way is subject to prior approval by the city of a franchise, lease, license, permit or other specific grant of authority to utilize said rights-of-way for such purpose.

C.

Notwithstanding the foregoing, and pursuant to Florida Statutes § 365.172(b)3, the prohibition of wireless communications facilities in the city's residential areas shall not constitute an actual or effective prohibition of a wireless communications provider's service in that area. If a wireless communications service provider demonstrates, to the satisfaction of the city, that it cannot reasonably provide its service to the residential area in question from outside the residential area, the city and provider shall cooperate to determine an appropriate location for a wireless communications facility of an appropriate design within the residential area. To the extent the city retains professional technical assistance during this cooperative effort, the provider shall be responsible for the actual and reasonable costs for such services incurred by the city.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

A.

Provider WCSFs are established as uses requiring development review and approval, and will not be approved unless the specific criteria set forth in this section and § 102-199 of this article and all other ordinances of the city can be demonstrated.

B.

All WCSFs shall be constructed in compliance with all applicable construction codes, which shall include Electronic Industries Association and Telecommunications Industries Association standards.

C.

In no case shall a WCSF exceed 120 feet in height, including any WCA placed thereon. Supporting equipment buildings may be located on the site of camouflaged towers provided they do not exceed 240 sq. ft. in size. Such buildings shall be compatible with the architecture of the neighborhood in which located.

D.

No lighting shall be permitted unless required by the FAA.

E.

No signage shall be placed on any tower except as stated herein. However, the facility owner shall affix a sign with an emergency contact number and may affix one or more signs prohibiting trespassing as may be deemed necessary and appropriate by the owner. All such signs shall not exceed one square foot in area each, shall consist of reflective block lettering in one color over a background of a contrasting color, and shall be installed on the exterior of the security fence at a height of no less than five feet.

F.

All WCSFs shall be designed for collocation of at least three WCAs.

G.

Any proposed tower shall be a stealth tower, and its supporting accessory equipment structures shall be a neutral, nonglare finish, so as to reduce visual obtrusiveness. Communication towers which are camouflaged to look like trees or palms which are common to the county are encouraged and may be erected subject to a height limitation of 65 feet.

H.

Towers and their accessory facilities shall be set back from existing residential uses a distance of no less than the height of the tower. The distance shall be measured from the base of the tower to the residential property line. Towers where the ultimate height of the tower will be greater than the distance from the base of the tower structure to the property line shall require a public hearing and review by the city.

I.

WCSFs shall be enclosed by properly grounded security fencing with a locked gate of design deemed appropriate by the city, all not less than eight feet in height, and shall also be equipped with an appropriate anti-climbing device. In addition, to the extent that high voltage or other dangers exist in the area of the WCSF, the fencing shall have signage so indicating. Any such enclosure shall have attached to it in a conspicuous place a sign upon which is indicated the name, address and telephone/telecopy number of whom to contact in an emergency.

J.

WCSFs shall be constructed in compliance with all applicable local, state and federal construction codes.

K.

If deemed appropriate by the city, WCSFs may be required to have a landscaped buffer external to the fencing, so that the base of the WCSF and accessory equipment storage area and all other electrical appurtenances shall be screened from any right-of-way, residential use or residential district to 90% opacity. Such landscaped buffer shall be placed on the site in a manner which will maximize the aesthetic and environmental benefits while at the same time providing the visual buffer required hereby. Such landscaped buffer shall consist of hedges planted leaf-to-leaf which shall reach a height of not less than eight feet at maturity and shade trees of at least three inches in diameter at breast height, planted every 20 feet along the approved buffer if such buffer is deemed necessary by the city. Such buffering and screening, including fence type and design, shall be constructed on the subject property in areas directed by the city of a design deemed appropriate by the city. All landscaping shall be of the evergreen variety. All landscaping shall be drought tolerant (Xeriscape plantings) or irrigated, and properly maintained to ensure good health and viability.

L.

WCSF construction shall be of the monopole design.

M.

One unmanned communications equipment building or structure not more than 240 square feet may be constructed for each communications service provider that collocates one or more antennas on a tower site, height not to exceed 12 feet.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

A.

After the city and the applicant have agreed on a location, the applicant may begin preparing its application; however, all final decisions regarding location shall rest with the City Commission.

B.

As a part of the application process, the applicant must show that:

(1)

Existing towers, structures or sites where a WCA could be placed, including those extra-jurisdictional to the city, are not of sufficient height or in the required geographic area to meet the applicant's engineering requirements.

(2)

Existing towers or structures, including those extra-jurisdictional to the city, do not have sufficient structural strength or other physical capacity to support the applicant's proposed antenna and related equipment.

(3)

The applicant's proposed antenna would cause electromagnetic interference with or would be interfered with by other antennas if placed on existing towers or structures, including those extra-jurisdictional to the city.

(4)

It is not financially feasible to modify or replace existing towers or utilize existing structures, including those extra-jurisdictional to the city, to accommodate the proposed antenna because no entity will allow collocation and/or modification under commercially reasonable terms.

(5)

The applicant shall demonstrate that there are other limiting factors that render existing towers, structures and sites, including those extra-jurisdictional to the city, unsuitable.

(6)

As part of the demonstration, for any tower that would not fall subject to one of the limiting factors presented above, the applicant shall submit an inventory of all towers or suitable sites located within one mile of the city's jurisdictional boundary, and by demonstration of response, whether the owner of any such tower will allow collocation. Thus, the applicant shall have demonstrated the limiting factors, or refusal, for each such tower.

C.

The application shall contain all required engineering drawings of the proposed WCA sealed by a professional engineer with appropriate Florida license, stating that the design has the required structural integrity, is properly grounded and will withstand the wind forces and other forces of nature anticipated at the specific location.

D.

All applicants shall provide documentation that the proposed facilities do not exceed radiation standards of the FCC.

E.

A copy of the applicant's FCC license for the service area shall be submitted with the application.

F.

The locating of antennas and towers in the public rights-of-way is subject to prior approval by the city of a permit or other specific grant of authority to utilize said rights-of-way for such purpose.

G.

This article shall not exempt the applicant from such other government review and permitting procedures as may be applicable.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

A.

After the city and the applicant have agreed on a location, the applicant may begin preparing its application; however, all final decisions regarding location shall rest with the City Commission.

B.

As a part of the application process, the applicant must demonstrate that:

(1)

Existing towers, structures or sites where a WCSF could be placed, including those extra-jurisdictional to the city, are not of sufficient height or in the required geographic area to meet the applicant's engineering requirements.

(2)

Existing towers or structures, including those extra-jurisdictional to the city, do not have sufficient structural strength or other physical capacity to support the applicant's proposed antenna and related equipment.

(3)

The applicant's proposed antenna would cause electromagnetic interference with or would be interfered with by other antennas if placed on existing towers or structures, including those extra-jurisdictional to the city.

(4)

It is not financially feasible to modify or replace existing towers or utilize existing structures, including those extra-jurisdictional to the city, to accommodate the proposed antenna because no entity will allow collocation and/or modification under commercially reasonable terms.

(5)

The applicant shall demonstrate that there are other limiting factors that render existing towers, structures and sites, including those extra-jurisdictional to the city, unsuitable.

(6)

As part of the demonstration, for any tower that would not fall subject to one of the limiting factors presented above, the applicant shall submit an inventory of all towers or suitable sites located within one mile of the city's jurisdictional boundary, and by demonstration of response, whether the owner of any such tower will allow collocation. Thus, the applicant shall have demonstrated the limiting factors, or refusal, for each such tower.

(7)

Where new WCSFs are proposed within one mile of an existing tower, justification for the new tower must be demonstrated. For purposes of this section, "existing towers" shall mean those located within the city, as well as those located outside the city limits.

C.

Applications for a WCSF on property in a commercial district shall consist of a site plan and other documents as necessary to demonstrate compliance with the criteria listed in this article, including, but not limited to, a legal description of the leased site, setbacks, building footprint, fence, landscaping, tower footprint, height, required utilities, finished floor elevation, flood zone, land use district, building site, etc.

D.

The application shall contain all required engineering drawings of the proposed WCSF sealed by a professional engineer with appropriate Florida license, stating that the design has the required structural integrity, is properly grounded and will withstand the wind forces and other forces of nature anticipated at the specific location.

E.

All applicants shall provide documentation that the proposed facilities do not exceed radiation standards of the FCC.

F.

All applications shall include a written description and graphic of the geographic service area of each antenna on the tower.

G.

A copy of the applicant's FCC license for the service area shall be submitted with the application.

H.

The applicant must include a statement in the application of its good-faith intent to allow the collocation of the WCA of other entities, provided that the cost of modifying the WCSF to accommodate the collocation WCA is borne by the collocating entity.

I.

The applicant shall send a written notice to all potential users of the new WCSF offering an opportunity for collocation. The list of potential users shall be provided by the city based on those entities who have requested approval of WCSF in the past, current FCC license holders and any other entities requesting to be included on the list. If, during a period of 30 days after the notice letters are sent to potential users, a user or user request, in writing, to collocate on the new WCSF, the applicant shall accommodate the request(s), unless collocation is not reasonably possible.

J.

This article shall not exempt the applicant from such other government review and permitting procedures as may be applicable.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

Pursuant to Florida Statutes § 365.172(a)1, any collocation of a new antennae on an existing tower or other WCSF, where such collocation does not increase the tower height or the ground space area approved in the tower site plan for equipment enclosures and ancillary facilities, and which consists of antennae, equipment enclosures and ancillary facilities that are of a design and configuration consistent with the regulations and conditions, if any, applied to the initial antennae and accompanying equipment placed on the tower or ground space around the tower, shall be subject only to a building permit review.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

The application fees for WCSFs and WCAs has been calculated based upon the cost of review of the application. These costs include, but are not limited to, all professional fees and other expenses incurred by the city as part of the application review such as engineering fees, notification costs, title work and like expenses. The fees shall be assessed in two parts. The initial application fee for a new or collocated WCA shall be $500.00, and $1,000.00 for all other communication services facilities. Initial fees shall be paid by the applicant at the time of application. Since the total review costs to the city may not be known until completion of the application process, the city may be required to assess a completion fee. During the review process, the applicant shall be invoiced monthly for the completion fees (which shall constitute all such costs which exceed the initial fee paid). The completion fee shall be assessed when the city has completed its review and rendered its decision, and shall paid within 30 days of the applicant's receipt of an invoice. All city invoices shall contain a copy of the invoice from the entity charging the city for support services, if any.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

A.

The applicant shall provide such performance financial assurances in place for the life of the tower as the city may reasonably require, which shall ensure the payment of the cost of removal of the WCA or WCSF if abandoned, including footings and foundations, unless such assurances are waived by the city upon good cause shown. Failure to maintain such financial assurance shall cause the WCA or WCSF to be deemed abandoned, and the city shall take such action as required by § 102-203 of this article.

B.

At the time of application, the applicant shall submit a draft surety agreement. Also at the time of issuing of construction permit, the applicant will present a certificate of insurance, naming the city as an additional insured, which insurance shall cover the risks of injuries and losses reasonably foreseeable from the construction and operation of the WCA or WCSF. The amount of such insurance will be negotiated between the city and the applicant in the preapplication conference or the application process. The insurance shall be maintained throughout the operating life of the WCA or WCSF until the equipment is either dedicated to the city or removed. The applicant shall provide proof of insurance annually, and shall advise the city 60 days in advance if a lapse in coverage or cancellation is to occur at the direction of the applicant, or immediately upon receipt from the applicant's insurer that a cancellation or lapse is to occur. The applicant shall agree to obtain alternative insurance to avoid coverage lapses. If insurance coverage does lapse, for the time period where the applicant does not provide insurance, the city shall obtain insurance in the applicant's and city's names, and the applicant shall reimburse the city for the premiums.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

A.

Prior to submitting an application, a wireless communications services provider or facilities contractor is invited to conduct a pre-application meeting with city staff at which the provider or contractor may communicate with the staff on the desired facilities to be constructed and the targeted location. City staff, in turn, shall work with the provider or contractor to ensure the city's requirements and design and placement priorities are understood prior to the submission of an application.

B.

An application for the installation of a WCA or WCSF in any land use district must be submitted in a format approved by the city and signed by both the service provider or facilities contractor and the owner of the property on which the facility will be constructed.

C.

The city engineer shall review all such requests, and shall apply the standards set forth in this article and the land development code when determining whether the permit shall be granted.

D.

Pursuant to Florida Statutes § 365.172(d)1-2, applications for collocation must be granted or denied no later than forty-five (45) business days after the application is determined to be properly submitted. Applications for any other type of wireless communication facility must be granted or denied no later than ninety (90) business days after the application is determined to be properly submitted.

E.

Pursuant to Florida Statutes § 365.172(d)3, an application is deemed submitted on the date it is received by the city. If the city does not notify the applicant in writing that the application is not completed in compliance with this article within twenty (20) business days after the application is submitted, it shall be deemed to be complete and properly submitted.

F.

The city engineer shall render his or her decision in writing, either issuing a permit, a permit with conditions, or a denial. Any denial of an application shall set forth the factual and/or legal reasons supporting the decision.

G.

Pursuant to Florida Statutes § 365.172(d)3(b), if the city fails to grant or deny a properly completed application within the deadlines set forth in subdivision (D) above, it shall be deemed automatically approved.

H.

Notwithstanding the foregoing, to the extent the intended installation, maintenance or replacement of a wireless communications facility involves activity which would be regulated by the Florida Building Code, a building permit shall be applied for and reviewed in accordance with that code.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

A.

After the city's staff has made any final determination as to any permit application under this article or has failed to act within an established deadline to do so, any person aggrieved by such determination, or failure to act by the city staff, shall have the right to appeal such action or inaction to the city commission. Such appeal shall be made in writing setting forth all of the factual and/or legal reasons the appellant believes the staffs decision or inaction was not lawful or factually wrong. Facts or arguments not raised in such appeal shall be deemed waived. The written appeal shall be filed with the Clerk's office within ten (10) days of the staff's decision or expiration of time for the staff to act. Upon receipt of any such appeal, the commission shall consider the appeal at its next regularly scheduled meeting, shall hear any testimony and consider any evidence or arguments offered, and shall render a final decision on the appeal. Such decision shall be noted in the minutes of the meeting, and may be reduced to written form, signed by the Mayor, after the meeting adjourns.

B.

Any person aggrieved by a final decision of the commission shall be entitled to seek judicial review by way of a petition for writ of certiorari in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, filed in accordance with the requirements of law, seeking such appropriate remedy as may be available.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

A.

All towers and antennas must meet or exceed current standards and regulations of applicable building, engineering and electrical codes and those of the FAA, FCC and any other agency of government with authority to regulate the construction, placement or operation of towers and antennas. If such standards are changed, the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with the revised standards and regulations, if such are applicable, within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by a controlling agency. Failure to bring towers into compliance with such revised standards and regulations shall constitute grounds for removal of the tower or antenna at the owner's expense.

B.

Towers and antennas shall be constructed, installed and maintained in accordance with applicable building and associated codes and, in addition, must meet the standards set forth by the Electronic Industries Association. If, upon inspection, the city at any time finds that the structural integrity of a tower or antenna constitutes a danger to persons or property, the owner of the tower or antenna shall be given written notice of the conditions and shall immediately undertake to make the tower or antenna structurally sound in accordance with the standards set forth in the applicable codes. If, within 30 days, the danger to persons or property continues to exist, the owner shall be deemed in violation of the code, and the city may require removal in accordance with the provisions of this article.

C.

Every two years from the date of the original building permit issuance, communications tower facility owners shall inspect the facilities and submit to the city certification of structural integrity and electrical and radio frequency compliance with applicable law at the time of inspection. The certification shall be signed by an engineer licensed to practice in the State of Florida. Failure to inspect and provide the required certification shall result in inspection by the city, with costs being borne by the facility owner.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

A.

Any WCSF or WCA located on city property which is not operated by a provider or owner for a period of three consecutive months shall be considered abandoned. Upon written demand by the city after the expiration of the lease or passage of the three-month abandonment period, the provider or owner of the abandoned WCSF or WCA shall remove the same within 60 days of receipt of notice. Failure to do so shall constitute a violation of the code. Upon notification to remove the WCSF or WCA any previously granted development orders, development permits or variances shall terminate. Any lease for the use of city property for a WCA or WCSF shall clearly state that such lease shall terminate on an abandoned WCSF or WCA upon the sixtieth day post-notification, unless service is reinstated, or the city is notified that service will be reinstated within the sixty-day period. The lease shall also provide that any WCA or WCSF located on city property shall, at the city's option, either be dedicated to the city upon expiration of the lease, removed, or that, upon termination of the lease or abandonment, the city shall have the right to take possession of the WCA or WCSF and it shall become owned by the city, or the city can proceed against the lessee to have the WCA or WCSF removed at the expense of the lessee.

B.

Any WCA or WCSF not located on city property which is not operated for a period of 12 consecutive months shall be considered abandoned. The city staff shall determine the date of abandonment. Upon written demand by the city, the owner of an abandoned WCA or WCSF or the landowner shall remove it according to the schedule promulgated by the city. Failure to do so shall constitute a violation of this code. Cost of removal shall be borne by the original Communications facility applicant or landowner. Upon removal, all previous development permits shall expire, and any future applications for construction of a new WCA or WCSF shall be processed as if no previous facility had been constructed on the site.

C.

Where a WCSF is abandoned but not removed or demolished as required by the city, the city may remove or demolish the WCSF, dispose of the WCSF and place a lien on the property and WCSF for the costs thereof by following the procedures (but not the criteria) for demolition of nuisance or unsafe structures; such lien on the property and WCSF shall be superior to all other liens except taxes. Entities which own a WCA or other commercial antennas on a WCSF shall provide written notice to the city 60 days prior to removal of such WCA from a WCSF.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

A.

Change-out and replacement towers may be constructed in the same location as the original tower, including within easements and/or rights-of-way, up to 50 feet from the original location, so long as there is compliance with the required setbacks and all other applicable standards of the code.

B.

The replacement WCSF shall not exceed a total height of 120 feet or, if the existing WCSF has an approved height variance greater than 120 feet, the replacement WCSF shall not exceed the approved height.

C.

The applicant shall cause the existing WCSF to be removed within 90 days of completion of the replacement WCSF and the relocation or installation of the WCA. In any event, the existing WCSF shall be removed within 180 days of the city's or its agent's final construction inspection of the replacement WCSF.

D.

If the location of the replacement WCSF is such that the existing WCSF must be moved before the replacement WCSF is constructed, temporary portable antennas support facilities may be used, but must be removed within 30 days of the completion of the replacement WCSF and the relocation or installation of the WCA. In any event, the temporary portable antennas facilities must be removed within 60 days of the city's or its agent's final construction inspection of the replacement WCSF.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)

An applicant may apply for height and setback variances for WCAs and WCSFs as may be authorized in the land development code. The criteria for any variance shall include, in addition to any other criteria set forth in the land development code, that the variance must be for the least amount of deviation necessary to obtain the required result, and shall only be granted if, but for the variance, these regulations would prohibit, or have the effect of prohibiting, personal wireless communications or cellular service in the city.

(Amended 5-21-2018 by Ord. No. 2018-03, § 1)