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, landscape screening and innovative camouflaging techniques;

(5)

Encourage the location and collocation of antennas on existing structures thereby minimizing new visual impacts and reducing the need for additional antenna support structures; and

(6)

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 antenna support structures.

(Code 1998, § 122-375; Code 2008, § 122-375; Ord. No. 297-C, § 1, 5-23-2000)

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 freestanding equipment associated with the operation of antennas meeting the size limitation of all accessory buildings as set forth in the city's land development regulations.

Antenna support structure means a facility that is constructed and designed primarily for the support of antennas, which include the following types:

Camouflaged structure means a structure designed to support antenna and designed to blend into the existing surroundings. Privately owned amateur radio and citizens band antennas support structures shall be exempt from this article.

Guyed tower means a tower that is supported in whole or in part by guy wires and ground anchors or other means of support in addition to the superstructure of the tower itself.

Lattice tower means a tower that consists of vertical and horizontal supports and crossed metal braces, which is usually triangular or square in a cross section.

Monopole means a tower of a single pole design.

Antennas means any apparatus designed for the transmitting and/or receiving of electromagnetic waves, which includes, but is not limited to, telephonic, radio or television communications. Types of antennas include, but are not limited to, whip antennas, panel antennas, dish antennas. As used herein the term antenna includes all antennas integrated and used as a single unit, such as an antenna array. For purposes of this article, the following shall not be considered antennas and shall not be regulated by this article:

(1)

Privately owned amateur radio and citizens band antennas irrespective of height and diameter; and

(2)

Antennas with a total diameter or width, including all parts of the antenna arrays, of two meters or less in commercial or industrial areas, or one meter or less in all areas if mounted to greater than three feet above the roofline.

Collocation means when more than one FCC licensed provider uses an antenna support structure to attach antennas.

Existing structures means any lawfully constructed manmade structure, including but not limited to, antenna support structures, building, utility structures, light poles, clock towers, bell towers, steeples, water towers and the like, which allow for the attachment of antennas.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commissions.

Provider means an FCC licensed communications company.

Search ring means a geographic area in which a provider's antenna is intended to be located to serve the provider's coverage area.

Temporary antenna support facility means a facility that is designed and constructed to serve, on a temporary basis, as a means of supporting antennas and is used typically to provide emergency wireless communications service or to provide wireless communications service to special events.

(Code 1998, § 122-376; Code 2008, § 122-376; Ord. No. 297-C, § 1, 5-23-2000)

(a)

Where permitted. Antennas attached to existing structures shall be permitted in C-2, M-1 and CBD districts and on property owned and operated as public and semipublic facilities or utilities.

(b)

Requirements. All antenna installations shall meet the following requirements:

(1)

Antennas may be located on existing structures with a height of 30 feet or greater, so long as the antennas do not extend more than 15 feet above the highest point of the existing structure, and as limited by subsection (b)(3) of this section;

(2)

Antennas may be located on existing structure with a height of less than 30 feet, so long as the antennas do not extend more than five feet above the highest point of the existing structure, and as limited by subsection (b)(3) of this section;

(3)

Antennas to be located on existing structures in public road rights-of-way may only be located in collector, arterial or limited access road rights-of-way;

(4)

No advertising shall be allowed on an antenna;

(5)

No signals, lights, or illumination shall be permitted on an antenna, unless required by any applicable federal, state or local rule, regulation or law;

(6)

Antennas shall comply with all applicable Federal Communications Commission emission standards;

(7)

Design, construction, and installation of antennas shall comply with the Florida Building Code;

(8)

Accessory equipment buildings used in conjunction with antennas, if located on the ground, shall comply with the minimum accessory building setback requirements of the zoning district in which they are located.

(c)

Approvals. All antenna and accessory building installations shall require site plan approval by the city planning and development services department and city building department when applicable.

(d)

Nonconforming antennas. All antennas legally installed at the time of initial installations may be repaired, replaced and/or relocated at an equal or lower height on the existing structure.

(Code 1998, § 122-377; Code 2008, § 122-377; Ord. No. 297-C, § 1, 5-23-2000)

(a)

Where permitted. Antenna support structures shall be permitted only as a conditional use following the procedures for conditional use permits as found in the city land development regulations and only in areas zoned M-1 or on sites owned and operated as public facilities by the city or other governmental unit or public utilities.

(b)

General requirements.

(1)

To minimize adverse visual impacts associated with the unnecessary proliferation of antenna support structures, the location of antennas on an existing support structure shall take precedent over the construction of new antenna support structures. Therefore, as a condition of approval for all new antenna support structures, a provider shall demonstrate that it is unable to locate its antenna on suitable and available existing structures within the search ring on commercially reasonable terms.

(2)

All newly installed support structures shall be camouflaged.

(3)

Antenna support structures shall be constructed in compliance with Florida Building Code, which shall include Electronic and Technological Industry Association standards, as amended.

(4)

An antenna support structure may be located on a zoning lot containing other principal uses and may be located within an area smaller than the minimum lot size of the applicable zoning district if the zoning lot within which the antenna support structure is located complies with the applicable minimum lot size for the existing principal use or is a legal nonconforming or grandfathered lot.

(5)

Unless another section of this article indicates otherwise, the area within which the antenna support structure is located shall be the area subject to the requirements of this section, rather than the entire zoning lot.

(c)

Height limitations. Support structures and attached antennas shall not exceed 140 feet in height. Measurement shall include base pad, structure, and any other attachments.

(d)

Setbacks and separation. The following setbacks and separation requirements shall apply to all support structures and antennas; provided, however, that the governing authority may reduce the standard setback and separation requirements if the goals of this article would be better served thereby:

(1)

Towers must be set back at least a distance equal to two times the height of the tower from the property line on which the tower will be located if adjacent to any residential structures.

(2)

Guys and accessory facilities must satisfy the minimum zoning district setback requirements. Towers that are located on property that is not adjacent to resident land uses must be setback a minimum of 100 feet unless adjacent to a wetland area that is a minimum of 100 feet from other upland areas.

(3)

Wireless communication facilities to be located on the primary roof of a structure shall be set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the structure. This setback requirement will not apply to camouflaged facilities or those facilities screened from view by panels, walls, fences or other screening techniques approved by the city.

(4)

Tower shall not be located within 3,000 feet of an existing tower regulated under this article, as measured in a straight line.

(e)

Fencing. Security fencing may be required as determined necessary by the city's site review committee.

(f)

Buffering. The tower and equipment structures shall be separated from adjacent residential properties or street rights-of-way with a minimum ten feet of landscaped area consisting of plants and materials meeting the city's minimum landscape buffer requirements except that trees shall be spaced no greater than 30 feet.

(g)

Removal of abandoned antennas and towers.

(1)

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the city council notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the city may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(2)

Prior to the issuance of a building permit, the applicant shall provide evidence that the antenna support structure is in compliance with FAA and Local Aviation Administration regulations.

(3)

No advertising shall be allowed on the antenna support structure.

(4)

No signals, lights, or illumination shall be permitted on the antenna support structure, unless required by any federal, state or local agency, or such lighting or illumination is part of the design of a camouflage structure.

(5)

The only signage that may be permanently attached to the fence or wall shall be for the purpose of identifying the party responsible for the operation and maintenance of the facility, its address, and telephone number, and security or safety signs with a maximum of four square feet.

(6)

Mobile or immobile equipment not used in direct support of the wireless facility shall not be stored or parked on the site, unless repairs to the antennas and related equipment and/or to the antenna support structure are being made.

(Code 1998, § 122-378; Code 2008, § 122-378; Ord. No. 297-C, § 1, 5-23-2000)

Accessory equipment buildings used in conjunction with the operation and maintenance of antennas shall be permitted subject to the following requirements:

(1)

Shall not exceed 600 square feet of gross floor area per provider;

(2)

If ground constructed or mounted, shall not exceed 20 feet in height;

(3)

Shall be located within close proximity, as is reasonably possible, to the structure upon which the antennas are attached;

(4)

If ground constructed or mounted, shall meet the underlying zoning district setback requirements for structures;

(5)

Shall be designed, constructed, and installed in compliance with the Florida Building Code. If prefabricated, shall be certified by the state under all applicable state laws; and

(6)

Shall be of a material and/or color, which match the exterior of the existing structure, if any, where the antennas are located.

(Code 1998, § 122-379; Code 2008, § 122-379; Ord. No. 297-C, § 1, 5-23-2000)

To encourage a reduction in the number of antenna support structures that may be required to site antenna in order to meet the community's increasing demand for wireless service, antenna support structures shall be structurally designed to accommodate the collocation of antenna as follows: All antenna support structures shall be structurally designed to accommodate at least three providers.

(Code 1998, § 122-380; Code 2008, § 122-380; Ord. No. 297-C, § 1, 5-23-2000)