The purpose and intent of this section is to:

(A)

Promote the health, safety and general welfare of the public by regulating the siting of wireless telecommunication facilities, including satellite earth stations;

(B)

Minimize the impacts of wireless telecommunication facilities on surrounding areas by establishing standards for location, structural integrity and compatibility;

(C)

Encourage the location and collocation of wireless telecommunication equipment on existing structures thereby minimizing new visual, aesthetic and public safety impacts, effects upon the natural environment and wildlife, and to reduce the need for additional antenna-supporting structures;

(D)

Accommodate the growing need and demand for wireless telecommunication services;

(E)

Encourage coordination between suppliers of wireless telecommunication services in the Town of Davie;

(F)

Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless service or to prohibit or have the effect of prohibiting personal wireless service in the town;

(G)

Establish predictable and balanced codes governing the construction and location of wireless telecommunication facilities, within the confines of permissible local code;

(H)

Establish review procedures to ensure that applications for wireless telecommunication facilities are reviewed and acted upon within a reasonable period of time and ensuring compliance with applicable statutes;

(I)

Consideration of and compatibility with the goals and objectives of the Town of Davie Comprehensive Plan; and

(J)

Protection of the unique natural beauty and rural character of the town while meeting the needs of its citizens to enjoy the benefits of wireless telecommunication services.

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2014-10, § 2(Exh. A), 6-11-2014)

For the purposes of this article, the terms and phrases listed below shall have the following meanings:

Amateur radio antenna means an antenna, inclusive of any tower that elevates the antenna above grade, or above a building or structure to which it is attached, and supporting hardware, used for noncommercial amateur radio communications as licensed by the FCC and in accordance with federal law, and as provided in F.S. § 125.561.

Ancillary structures means structures associated with a wireless telecommunication facility on the lot occupied by the supporting structure and antenna(s) principal structure, including, but not limited to: foundations, concrete slabs on grade, guy wire anchors, generators, and transmission cable supports.

Anti-climbing device means a piece or pieces of equipment which are either attached to antenna-supporting structure, or which are free-standing and are designed to prevent people from climbing the structure. These devices may include, but are not limited to, fine mesh wrap around structure legs, "squirrel-cones," the removal of climbing pegs on monopole structures, or other approved devices, but excluding the use of barbed or razor wire.

Antenna means any apparatus, mounted on an antenna supporting structure or an existing building or structure designed or used for the transmitting and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals, and other telecommunications signals that includes, but is not limited to, telephonic, radio or television telecommunications. Types of antennas include, but are not limited to: omni-directional antennas such as whips); and, sectorized/directional antennas such as panel and microwave dish antennas. The term excludes satellite earth stations and radar antennas, and shall not be construed to mean "amateur radio antenna" unless said specific term is used.

Antenna array means a single or group of antennas and their associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support.

Antenna-supporting structure means a vertical projection composed of metal, or other substance, such as a monopole, with or without a foundation, that is for the express purpose of accommodating antennas at a desired height above grade. Antenna-supporting structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than twenty (20) feet.

Antenna, whip, means a cylindrical antenna that transmits signals in 360 degrees.

Attached wireless telecommunication facility means the first instance of an antenna or antenna array that is attached to a building or to a structure other than an antenna supporting structure, along with any accompanying pole or attachment devices, related transmission cables and equipment enclosures. An attached wireless telecommunication facility may be located inside or outside of a building or structure. An attached wireless telecommunications facility is considered to be an accessory use to the existing principal use on a site.

Breakpoint technology means the engineering design of a monopole wherein a specified point on the monopole is designed to have stresses at least five (5) percent more susceptible to failure than any other point along the monopole, including the anchor bolts and baseplate, so that in the event of a weather induced failure of the monopole, the failure will occur at the breakpoint rather than at the baseplate or any other point on the monopole.

Collocation means a situation in which a second or subsequent antenna or a second or subsequent wireless telecommunication service provider places wireless telecommunication antenna or antennas on an existing or replacement antenna supporting structure or on a building or structure which has been previously approved to support an attached wireless telecommunication facility pursuant to this article.

Combined antenna as used herein shall mean an antenna or an array of antennas designed and utilized to provide services for more than one (1) carrier, for the same type of services.

Concealed attached wireless telecommunication facility means an antenna or antenna array that is attached to a building or to a structure other than an antenna supporting structure, along with any accompanying pole or attachment devices, related transmission cables and equipment enclosures, which is not readily identifiable a wireless telecommunication facility, and which is designed to be aesthetically compatible with existing and proposed uses on a site. A concealed attached wireless telecommunications facility is considered to be an accessory use to the existing principal use on a site.

Concealed wireless telecommunications facility means a wireless telecommunications facility, ancillary structure, or equipment enclosure that is not readily identifiable as a wireless telecommunication facility, and is designed to be aesthetically compatible with existing and proposed uses on a site. A stealth concealed facility may have a secondary function, including, but not limited to the following: church steeple, windmill, bell tower, spire, clock tower, cupola, light standard, flagpole with a flag, or tree).

Development area means the area occupied by a wireless telecommunications facility including areas inside or under the following: an antenna-supporting structure's framework, equipment enclosures, ancillary structures, and access ways.

Equipment enclosure means a cabinet, shelter, pedestal, buildout of an existing structure, building, or other similar structure used exclusively to house ancillary equipment necessary for a telecommunication tower. Each such cabinet, shelter, building or similar structure shall be considered a separate equipment enclosure.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Guyed means a style of antenna-supporting structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of guy wires that are connected to anchors placed in the ground or on a building.

Geographic search area means an area designated by a wireless provider or operator for a new base station facility, produced in accordance with generally accepted principles of wireless engineering.

Handoff candidate means a wireless facility that receives call handoffs from another particular wireless facility, usually located in an adjacent first "tier" surrounding the initial wireless facility.

Lattice means a tapered style of antenna-supporting structure that consists of vertical and horizontal supports with multiple legs and cross-bracing, and metal crossed strips or bars to support antennas.

Master telecommunications plan as used herein shall mean a plan developed for the Town of Davie intended to enforce the planning and zoning issues of the town while complying with all applicable laws, rules and mandates of governing bodies.

Monopole means a style of free-standing antenna-supporting structure that is composed of a single shaft usually composed of two (2) or more hollow sections that are in turn attached to a foundation. This type of antenna-supporting structure is designed to support itself without the use of guy wires or other stabilization devices.

Personal wireless service means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996.

Public antenna-supporting structure means an antenna-supporting structure, appurtenances, equipment enclosures, and all associated ancillary structures used by a public body or public utility for the purposes of transmission and/or reception of wireless telecommunication signals associated with, but not limited to: public education, parks and recreation, fire and police protection, public works, and general government.

Radio frequency emissions means any electromagnetic radiation or other telecommunications signal emitted from an antenna or antenna-related equipment on the ground, antenna-supporting structure, building, or other vertical projection.

Replacement means the construction of a new antenna-supporting structure built to replace an existing antenna-supporting structure on the same parcel of land.

Satellite earth station means a single or group of satellite parabolic (or dish) antennas. These dishes are mounted to a supporting device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may include the associated separate equipment enclosures necessary for the transmission or reception of wireless telecommunications signals with satellites.

State of the art as used herein shall mean existing technology where the level of facilities, technical performance, capacity, equipment, components and service are equal to that developed and demonstrated to be more technologically advanced than generally available for comparable service in the State of Florida.

Wireless telecommunications means any personal wireless service, which includes, but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing part 15 devices (i.e. wireless internet services) and paging.

Wireless telecommunication facility (WTCF) means any staffed or unstaffed facility for the transmission and/or reception of radio frequency signals, or other wireless communications, usually consisting of an antenna or group of antennas, transmission cables, and equipment enclosures, and which may include an antenna-supporting structure. The following developments shall be considered as a wireless telecommunication facility: Developments containing new or existing antenna-supporting structures, public antenna-supporting structures, replacement antenna-supporting structures, collocation on existing antenna-supporting structures, attached wireless telecommunication facilities, concealed wireless telecommunication facilities, and satellite earth stations.

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2014-10, § 2(Exh. A), 6-11-2014; Ord. No. 2014-23, § 2(Exh. A), 12-2-14; Ord. No. O2024-005, § 2(Exh. A), 2-7-24)

Editor's note— Ord. No. 2014-10, § 2(Exh. A), adopted June 11, 2014, renumbered § 12-506 as 12-504.1.

(A)

Except as provided for in subsection (B) below, this section shall apply to development activities including installation, construction, or modification to the following wireless telecommunication facilities:

(1)

Existing antenna-supporting structures;

(2)

Proposed antenna-supporting structures;

(3)

Public antenna-supporting structures;

(4)

Replacement of existing antenna-supporting structures;

(5)

Collocation;

(6)

Attached wireless telecommunication facilities; and

(7)

Concealed wireless telecommunication facilities.

(B)

The following items are exempt from the provisions of this section:

(1)

Non-commercial, amateur radio antennas as provided in F.S. § 125.561 which are less than fifty (50) feet in height in all residential districts and eighty (80) feet in height in all other zoning districts. Non-commercial, amateur, ham radio or citizen's band antenna supporting structures, antennas or antenna arrays with heights greater than as provided above shall be regulated in accordance with section 12-520; and

(2)

Satellite earth stations that are one (1) meter (39.37 inches) or less in diameter in all residential districts and two (2) meters or less in all other zoning districts and which are not greater than twenty (20) feet above grade in residential districts and thirty-five (35) feet above grade in all other zoning districts; Notwithstanding same, in order to promote the health, safety and welfare of the public, all such satellite earth stations shall meet applicable mounting and installation standards in accordance with the current edition of the Florida Building Code requirements as well as electrical grounding requirements of same; and

(3)

Regular maintenance of antenna elements of any existing wireless telecommunications facility that does not include the replacement or addition of any new antenna elements and/or transmission lines on the facility or the placement of any new wireless telecommunications facility; and

(4)

Any existing or proposed antenna-supporting structure, antenna or antenna arrays with an overall height of twenty (20) feet or less in all residential districts and thirty-five (35) feet or less above ground level in all other zoning districts.

(5)

A government-owned wireless telecommunications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the town administrator or its designee; except that such facility must comply with all federal and state requirements. No wireless telecommunications facility shall be exempt from the provisions of this division beyond the duration of the state of emergency.

(6)

Antenna supporting structures, antennas and/or antenna arrays for AM/FM/TV/DTV broadcasting transmission facilities that are licensed by the Federal Communications Commission shall be regulated in accordance with other provisions of the Town of Davie Codes.

(7)

Facilities exempt under subsections (1) and (2) above shall be limited to only one (1) amateur antenna and support structure per residential lot, and a maximum of two (2) satellite dishes per residential lot, provided neither unit is larger than one (1) meter in diameter. Satellite dishes in any residential district that exceed one (1) meter in diameter shall be permitted by the town administrator or his designee.

(8)

Wireless telecommunication facilities located within public rights-of-way pursuant to chapter 21 of the Town Code.

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2014-10, § 2(Exh. A), 6-11-2014; Ord. No. 2014-23, § 2(Exh. A), 12-2-14; Ord. No. O2024-005, § 2(Exh. A), 2-7-24)

Editor's note— Ord. No. 2014-10, § 2(Exh. A), adopted June 11, 2014, renumbered § 12-507 as 12-504.2.

Siting of a wireless telecommunication facility (as herein defined) shall be in accordance with the following siting alternatives hierarchy:

(A)

Concealed attached wireless telecommunication facility.

(1)

On town-owned site.

(2)

On non-town owned site.

(B)

Collocation.

(1)

On town-owned site.

(2)

On non-town owned site.

(C)

Concealed wireless telecommunication facility.

(1)

On town-owned site.

(2)

On non-town owned site.

(D)

Attached wireless telecommunication facility.

(1)

On town-owned site.

(2)

On non-town owned site.

(E)

Replacement of existing antenna support structure.

(1)

On town-owned site.

(2)

On non-town owned site.

(F)

New antenna support structure.

(1)

On town-owned site.

(2)

On non-town owned site.

(G)

The order of ranking, from highest to lowest, shall be A1, A2, B1, B2, C1, C2, D1, D2, E1, E2, F1 and F2. Where a lower ranked alternative is proposed, the applicant must file an affidavit demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, as determined by a qualified radio frequency engineer, higher ranked options are not feasible.

(H)

Exception for collocation and antenna supporting structure replacement. Collocations and any wireless telecommunication facility to be located on a replacement antenna supporting structure shall not be required to provide an affidavit as set forth in paragraph (G), above.

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2014-10, § 2(Exh. A), 6-11-14)

Editor's note— See § 12-504.1 for provisions formerly found at § 12-506.

Editor's note— See § 12-504.2 for provisions formerly found at § 12-507.

(A)

Wireless telecommunication facilities shall be permitted as shown in the following table.

P = Permitted Use

N = Not Permitted

NOTES:

(1)

Permitted only on parcels where the principal use is not residential, provided that the town administrator or designee shall be authorized to make an exception upon a demonstration by the applicant that this restriction would create an actual or effective prohibition of the provider's service as set forth in [F.S.] § 365.172(12(b).

(2)

Permitted on town-owned property with town council approval or on other government-owned land by special permit approved pursuant to Section 12-308.

(3)

Permitted only by way of a special permit pursuant to Article X of this chapter.

(B)

Wireless telecommunication facilities may be approved within town-controlled rights-of-way pursuant to Chapter 21, Article VI of the Town Code.

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2014-10, § 2(Exh. A), 6-11-14)

(A)

These standards shall apply to new antenna supporting structures:

(1)

Approval criteria for new antenna-supporting structures:

a.

Setbacks.

1.

Any new antenna-supporting structures, equipment enclosures and ancillary structures shall meet the minimum setback requirements for the zoning district where they are located, except that, where the adjacent property is zoned or developed for residential use, the minimum setback shall be equivalent to two hundred (200) percent of the height of the proposed antenna-supporting structure.

2.

Notwithstanding the foregoing, if the structure is located in the FB or BP zoning district, the minimum setback shall be thirty-five (35) feet from the adjacent property line or public right-of-way, unless the adjacent use is residential in which case the provisions above shall apply.

b.

Height. The overall height of any antenna-supporting structure shall not be greater than one hundred twenty (120) feet, or two hundred (200) feet for public antenna-supporting structures on town-owned property. Height for all purposes in this section shall mean the linear distance from the ground to the highest physical point on the wireless telecommunications facility (including any attached antennas).

c.

Construction. New antenna-supporting structures, except for public antenna supporting structures on town-owned property shall have a monopole type construction only, and shall not be guyed or have a lattice type construction.

d.

Structural integrity.

1.

The entire antenna-supporting structure and all appurtenances shall be designed pursuant to the wind speed design requirements of ASCE 7-95, including any subsequent modification to those specifications; and

2.

The new antenna-supporting structure shall be designed to accommodate the maximum amount of wireless telecommunications equipment, including that of other wireless telecommunication service providers. The exact amount of potential additional equipment and/or collocated facilities to be accommodated shall be agreed upon during a pre-application conference and recorded in the letter of understanding resulting from the conference. In all cases, the minimum number of collocated facilities on a new antenna-supporting structure between eighty (80) and one hundred twenty (120) feet in height shall be three (3), and the minimum number of collocated facilities on a new antenna supporting structure between forty (40) and eighty (80) feet in height shall be two (2).

e.

Lighting. New antenna-supporting structures shall be illuminated in accordance with FAA requirements to provide aircraft obstruction lighting, where required. Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e. the longest duration between flashes) allowable by the FAA. No other structure lighting shall be permitted except that required by the FAA.

f.

Collocation feasibility.

1.

No antenna-supporting structure shall be permitted unless the applicant demonstrates that no existing wireless telecommunications facility can accommodate the applicant's proposed facility; or that use of such existing facilities would prohibit personal wireless services in the area of the town to be served by the proposed antenna-supporting structure.

2.

Evidence submitted to demonstrate that no existing wireless telecommunications facility could accommodate the applicant's proposed facility may consist of any of the following:

(i)

No existing wireless telecommunication facilities located within the geographic area meet the applicant's engineering requirements.

(ii)

Existing wireless telecommunication facilities are not of sufficient height to meet the applicant's engineering requirements, and cannot be increased in height.

(iii)

Existing wireless telecommunication facilities do not have sufficient structural strength to support the applicant's proposed wireless telecommunication facilities and related equipment, and the existing facility cannot be structurally improved.

(iv)

The applicant demonstrates that there are other limiting factors that render existing wireless telecommunication facilities unsuitable.

g.

Color. New antenna-supporting structures shall maintain a galvanized gray finish or other contextually appropriate color as determined by the town administrator or designee, except as may otherwise be required by federal rules or regulations.

h.

Radio frequency emissions. The radio frequency emissions shall comply with FCC standards for such emissions on an individual and cumulative basis with any adjacent facilities. The applicant shall certify that the proposed facility shall cause no harmful interference to the existing Town of Davie Public Safety Communications equipment.

i.

(Reserved.)

j.

Security. Applicants shall provide for a fence around the proposed facility that meets the requirements of section 12-113 of these Codes. Alternative equivalent screening may be approved through the site plan approval process in section 12-374 of these Codes. Any security lighting for on-ground facilities and equipment shall be in compliance with section 12-260 of these Codes and shall minimize the potential attraction to migratory birds.

k.

Landscaping. Landscaping and buffering shall be required around the perimeter of development areas, as required by section 12-100 et seq. of these Codes except that the town council may waive the required landscaping otherwise required under section 12-117 of these Codes on one (1) or more sides of the development areas or allow the placement of required landscaping elsewhere on the development area when the required landscape area is located adjacent to undevelopable lands or lands not in public view. Alternative landscaping may be approved by the town council. Landscaping shall be installed on the outside of the perimeter fence or wall. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting the landscaping requirements, subject to approval by the town council. Where not inconsistent with sections 12-100 et seq., landscaping shall be placed in a manner so as to maximize the screening between residential areas and the wireless telecommunications facility and minimize the view of the facility from any residential areas and public roads and rights-of-way.

1.

Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative siting on the parent tract of the proposed facility may be considered and approved by the town council, provided the proposed alternative maximizes screening as provided above, and is otherwise consistent with the requirements of sections 12-100 et seq. of these Codes.

l.

Signage. The only signage that is permitted upon an antenna-supporting structure, equipment enclosures, or fence (if applicable) shall be informational, and for the purpose of identifying the antenna-supporting structure, (such as ASR registration number) as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable). If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large, bold, high contrast letters (minimum height of each letter: four (4) inches) the following: "HIGH VOLTAGE-DANGER."

m.

Adverse effects on adjacent properties.

1.

New antenna-supporting structures shall be configured and located in a manner that shall minimize adverse effects including visual impacts on adjacent properties. The applicant shall demonstrate that alternative locations, configurations, and facility types have been examined and shall address in narrative and graphic form the feasibility of any alternatives that may have fewer adverse effects on adjacent properties than the facility, configuration, and location proposed.

2.

The following attributes shall be considered from vantage points at adjacent properties, roadways and occupied structures:

(i)

Height and location.

(ii)

Mass and scale.

(iii)

Materials and color.

(iv)

Illumination.

(v)

Existing and proposed vegetation and intervening structures.

(vi)

Overall aesthetics of the proposed structure.

An applicant shall demonstrate through the photo-simulation requirements under subsection (2)j. hereinbelow that the project design employs each of these attributes in a manner that minimizes adverse effects to the greatest extent feasible.

(2)

Submittal requirements for applications for new antenna-supporting structures:

a.

A completed application on a form as determined by the town administrator or designee, along with the appropriate review fees as established by resolution of town council.

b.

(Reserved)

c.

(Reserved)

d.

(Reserved)

e.

A signed statement from the antenna-supporting structure's owner or owner's agent stating that the radio frequency emissions comply with FCC standards for such emissions certifying that both individually and cumulatively with any other facilities located on or immediately adjacent to the proposed facility.

f.

Proof of FCC authority to transmit and/or receive radio signals in the Town of Davie.

g.

Prior to issuance of a building permit, a stamped or sealed structural analysis of the proposed antenna-supporting structure prepared by a professional engineer licensed by the State of Florida indicating the proposed and future loading capacity of the antenna-supporting structure.

h.

(Reserved)

i.

(Reserved)

j.

Photo-simulated post construction renderings of the proposed antenna-supporting structure, equipment enclosures, and ancillary structures as they would look after construction from locations to be determined during the pre-application conference (but shall, at a minimum include renderings from the vantage point of any adjacent roadways and occupied or proposed non-residential or residential structures), as well as photo-simulations of the antenna supporting structure after it has been fully developed with antenna structures (applicant may assume for the purpose of the simulation that other antenna structures on the facility will resemble their proposed structure in size and design), proposed exterior paint and stain samples for any items to be painted or stained, exterior building material and roof samples.

k.

Prior to issuance of a building permit, proof of FAA compliance with subpart C of the Federal Aviation Regulations part 77, Objects Affecting Navigable Airspace.

l.

A signed statement from the antenna-supporting structure owner agreeing to allow the collocation of other wireless equipment on the proposed antenna-supporting structure.

m.

If the United States Fish and Wildlife Service requires the applicant to submit any information to it concerning the proposed wireless telecommunications facility, the applicant shall also furnish a copy of any material submitted to the United States Fish and Wildlife Service to the Town of Davie as part of the application package.

n.

All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this chapter, including where applicable:

1.

Existing wireless telecommunication facilities to which the proposed facility will be a handoff candidate, including latitude, longitude, and power levels of each.

2.

A radio frequency propagation plot indicating the coverage of existing wireless telecommunications sites, and that of the proposed site, sufficient to demonstrate radio frequency search area, coverage prediction, and design radius, together with a certification from the applicant's radio frequency engineer that the proposed facility's coverage or capacity potential cannot be achieved by any higher ranked alternative such as a concealed facility, attached facility, replacement facility, collocation, or new antenna supporting structure.

3.

A statement that the proposed facility conforms with state of the art, as defined herein, or alternatively, that state of the art technology is unsuitable for the proposed facility. Costs of state of the art technology that exceed facility development costs shall not be presumed to render the technology unsuitable.

4.

(Reserved.)

5.

Antenna heights and power levels of the proposed facility and all other facilities on the subject property.

6.

A statement from the applicant that demonstrates that alternative locations, configurations, and facility types have been examined; and addresses in narrative form the feasibility of any alternatives that may have fewer adverse effects on adjacent properties than the facility, configuration, and location proposed including, but not limited to:

(i)

Height.

(ii)

Mass and scale.

(iii)

Materials and color.

(iv)

Illumination.

(v)

Overall aesthetics.

(vi)

(Reserved)

o.

(Reserved)

p.

A vicinity map delineating the location and classification of all major public or private streets and rights-of-way, driveways, public parking areas, pedestrian ways, trails and bikeways within six hundred (600) feet of property boundary, including zoning district boundaries.

q.

Any other information deemed reasonably necessary by the town administrator or designee to determine compliance with the provisions of this chapter.

(3)

A pre-application conference is required for any new antenna-supporting structure. At the time a pre-application conference is held, the applicant shall demonstrate that the following notice was mailed (via certified mail) to all other wireless service providers licensed to provide service within the Town of Davie as indicated on the list of wireless service providers provided by the town administrator: "Pursuant to the requirements of the Town of Davie Code of Ordinances, (name of provider) is hereby providing you with notice of our intent to meet with the Town of Davie staff in a pre-application conference to discuss the location of a free-standing wireless telecommunications facility that would be located at (location) ___________. In general, we plan to construct a support structure of _____ feet in height for the purpose of providing (type of wireless service). Please inform the town administrator and us if you have any desire for placing additional wireless facilities or equipment within two (2) miles of our proposed facility. Please provide us with this information within twenty (20) business days after the date of this letter. Your cooperation is sincerely appreciated.

Sincerely, (pre-application applicant, wireless provider)"

Included with the notice shall be the latitude and longitude (NAD-83) of the proposed structure, and the actual proposed physical address. Within twenty (20) days of receiving a timely response from an interested potential co-applicant, the applicant shall inform the respondent and the planning division in writing as to whether or not the potential collocation or combining is acceptable and under what conditions. If the collocation or combining is not acceptable, then the applicant must provide the respondent and the planning and zoning division written justification as to why the collocation or combining is not feasible.

(4)

(Reserved.)

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2014-10, § 2(Exh. A), 6-11-14; Ord. No. O2024-005, § 2(Exh. A), 2-7-24)

(A)

Despite any provision to the contrary in this article, any lawfully existing antenna supporting structure, including a nonconforming structure, may be replaced through no more than a building permit review (as described in Section 12-522.1(C)) provided that:

(1)

The overall height of the replacement antenna supporting structure does not exceed that of the previously approved antenna supporting structure by more than ten (10) percent or twenty (20) feet, whichever is greater.

(2)

The replacement antenna supporting structure is of monopole type construction, meets any conditions of approval as imposed by town council on the previously approved antenna supporting structure, and meets the design standards set forth in section 12-509 to the maximum extent practicable as determined by the town administrator or designee.

(B)

Despite any provision to the contrary in this article, any lawfully existing antenna-supporting structure located on property owned by the Town of Davie, including a nonconforming structure, may be approved for replacement by way of a building permit review, provided that the replacement antenna-supporting structure is of monopole-type construction, meets any conditions of approval as imposed by town council on the previously-approved antenna-supporting structure, and meets the design standards set forth in section 12-509 to the maximum extent practicable as determined by the town administrator or designee.

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2014-10, § 2(Exh. A), 6-11-14; Ord. No. O2024-005, § 2(Exh. A), 2-7-24)

(A)

Except as otherwise provided in Section 522.1(E), collocations shall:

(1)

Comply with the criteria in Section 12-509(A)(1)h. through i.

(2)

Not exceed any height limitations set forth in this article.

(B)

Submittal requirements for:

(1)

For a collocation on application to be considered complete, it shall contain submittal materials as indicated in Section 12-509(A)(2)a. through f., h., i., n.1. through 4., o., p. and q., as well as the following:

a.

A stamped or sealed structural analysis of the existing antenna-supporting structure prepared by professional engineer licensed by the State of Florida indicating that the existing antenna-supporting structure as well as all existing and proposed appurtenances meets current building code requirements (including windloading) for the antenna-supporting structure.

b.

A copy of the lease or sublease between the owner of the antenna-supporting structure and the applicant seeking to place additional wireless equipment on the structure. Clauses related to lease term or rent may be deleted or censored.

c.

A certification from the applicant that the radio frequency emissions from the proposed facility, individually and in conjunction with the existing facilities to which collocation is proposed, meet all applicable federal guidelines.

(C)

Waiver or modification of submittal requirements. The town administrator shall have the authority to waive or modify the submittal requirements for any collocation where the resulting facility will not be discernibly different in size, type and appearance when viewed from the ground level of surrounding properties.

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2014-10, § 2(Exh. A), 6-11-14)

Editor's note— Ord. No. 2014-10, § 2(Exh. A), adopted June 11, 2014, changed the title of § 12-511 from "Co-location on an existing antenna-supporting structure" to read as set out herein.

(A)

Approval criteria for attached wireless telecommunication facilities:

(1)

For a proposed attached wireless telecommunications facility to be approved, it shall meet the approval criteria, as indicated in Section 12-509(A)(1)h., i., j. and I., as well as the following:

(2)

Accessory use. An attached wireless telecommunications facility shall be an accessory use as defined by Section 12-503 of the Code of Ordinances of the Town of Davie; and

(3)

Height.

a.

The antenna, antenna array, attachment device, equipment enclosure and/or any ancillary equipment shall not extend above the highest point of the building by more than twenty (20) feet.

b.

Existing or proposed attached wireless telecommunication facilities which project more than twenty (20) feet above the highest point of the building or structure upon which it is mounted shall be considered as an antenna-supporting structure and subject to the provisions for these types of uses pursuant to Section 12-509(A).

(4)

Construction. Attached facilities may have a guyed, lattice, or monopole type construction, but in no case shall a lattice type construction exceed a height of ten (10) feet from the base of the attached facility.

(5)

Color. All attached antenna or antenna arrays, equipment enclosures and ancillary equipment visible from outside the building where they are located shall be painted so as to blend in with the building where they are placed.

(6)

Screening and placement. Attached wireless telecommunication facilities shall be screened by a parapet or other device so as to minimize its visual impact as measured from the boundary line of the subject property. Attached facilities shall be placed in the center of the building where reasonably possible so as to further minimize visual impact.

(B)

Submittal requirements for attached wireless telecommunications facility applications:

(1)

For a proposed attached wireless telecommunication facility application to be considered complete, it shall contain submittal materials as indicated in Section 12-509(A)(2)a. through f., h., n.1. through 4., o., p. and q.

(2)

Certification from a professional engineer licensed by the State of Florida and the applicant that the structure or rooftop to which the facility will be attached has the structural capability to accommodate such attachment, in accordance with the provisions of the current Florida Building Code.

(3)

The Town Administrator shall have the authority to waive or modify the submittal requirements for any attached wireless telecommunication facility where the resulting facility will not be discernibly different in size, type and appearance when viewed from the ground level of surrounding properties.

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2014-10, § 2(Exh. A), 6-11-14)

Editor's note— Ord. No. 2014-10, § 2(Exh. A), adopted June 11, 2014, changed the title of § 12-512 from "Attached wireless communications facilities" to read as set out herein.

(A)

Approval criteria for concealed attached wireless telecommunication facilities:

(1)

For a proposed concealed attached wireless telecommunications facility to be approved, it shall meet with the approval criteria as indicated in Section 12-509(A)(1)h., i., j. and I. as well as the following:

(2)

Accessory use. A concealed attached wireless telecommunications facility shall be an accessory use as defined by Section 12-503 of the Code of Ordinances of the Town of Davie.

(3)

Height.

a.

The antenna, antenna array, attachment device, equipment enclosure and/or any ancillary equipment shall not extend above the highest point of the building by more than twenty (20) feet.

b.

Existing or proposed concealed attached wireless telecommunication facilities which project more than twenty (20) feet above the highest point of the building upon which it is mounted shall be considered as a concealed wireless telecommunications facility and subject to the provisions for these types of uses pursuant to Section 12-514; and

(4)

Aesthetics. No concealed attached wireless telecommunications facility, whether fully enclosed within a building or otherwise, shall have antennas, antenna arrays, transmission lines, equipment enclosures or other ancillary equipment that is readily identifiable from the public domain as wireless telecommunications equipment. Examples of concealed attached wireless telecommunication facilities include, but are not limited to, false building facades, marquees, and false parapets. Any equipment associated with the concealed attached wireless telecommunications facility which produces noise shall be sited and/or insulated in such a fashion as to minimize the audio impact on adjacent property.

(B)

Submittal requirements for a concealed attached wireless telecommunications facility applications:

(1)

For a proposed stealth concealed attached wireless telecommunication facility application to be considered complete, it shall contain submittal materials as indicated in Section 12-509(A)(2)a. through f., h., n.1. through 4.,o., p. and q.

(2)

Certification from a professional engineer licensed by the State of Florida and the applicant that the structure or rooftop to which the facility will be attached has the structural capability to accommodate such attachment, in accordance with the provisions of the current Florida Building Code.

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2014-10, § 2(Exh. A), 6-11-14)

Editor's note— Ord. No. 2014-10, § 2(Exh. A), adopted June 11, 2014, changed the title of § 12-513 from "Stealth attached wireless communications facilities" to read as set out herein.

(A)

Approval criteria for concealed wireless telecommunication facilities:

(1)

Setbacks.

a.

Concealed facilities shall meet the minimum setback requirements for the zoning district where they are located for the type of structure used or simulated or shall meet the requirements of Section 12-509(A)(1)a., whichever is greater.

(2)

Height. Concealed wireless telecommunication facilities shall not exceed one hundred (100) feet in overall height, and shall be compatible with existing adjacent structures.

(3)

Construction. No concealed wireless telecommunications facility shall be guyed or have lattice type construction.

(4)

Structural integrity. The concealed facility shall be designed to meet all current building code requirements (including windloading) contained in the Florida Building Code.

(5)

Aesthetics. No concealed facility, whether fully enclosed within a building or otherwise, shall have antennas, antenna arrays, transmission lines, equipment enclosures or other ancillary equipment that is readily identifiable from the public domain as wireless telecommunications equipment. Examples of concealed facilities include, but are not limited to, windmills, flagpoles, light stanchions, clock towers, steeples, cupolas and trees. Any equipment associated with the concealed facility that produces noise shall be sited and/or insulated in such a fashion as to minimize the audio impact on adjacent property.

(B)

Submittal requirements for concealed wireless telecommunication facilities:

(1)

For a proposed concealed wireless telecommunications facility application to be considered complete, it shall contain submittal materials as indicated in section 12-509(A)(2)a. through i., k., I., n.1. through 4., o., p. and q. as well as a photo-simulated post construction renderings of the proposed concealed facility, equipment enclosures, and ancillary structures as they would look after construction from the public domain.

(2)

For a proposed concealed wireless telecommunications facility that is not ground-mounted, the town council may waive certain submittal requirements to reflect the necessary documentation required to demonstrate compliance with the provisions of this section.

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2014-10, § 2(Exh. A), 6-11-14)

Editor's note— Ord. No. 2014-10, § 2(Exh. A), adopted June 11, 2014, changed the title of § 12-514 from "Stealth wireless communications facilities" to read as set out herein.

(A)

Where due to the complexity of the methodology or analysis required to review an application for a wireless telecommunication facility requiring a special permit, the town council may require a supplemental review by a third party expert, the costs of which shall be borne by the applicant, which sum shall be in addition to application fees. The town council reserves the right to require a supplemental review for any other type of structure.

(B)

The supplemental review may address any or all of the following:

(1)

The accuracy and completeness of submissions;

(2)

The applicability of analysis techniques and methodologies;

(3)

The validity of conclusions reached;

(4)

Whether the proposed wireless telecommunications facility complies with the applicable approval criteria set forth in these Codes.

(5)

Other matters deemed by the town council to be relevant to determining whether a proposed wireless telecommunications facility complies with the provisions of these codes.

(C)

Based on the results of the supplemental review, the town council may require changes to the applicant's application or submittals.

(D)

The applicant shall reimburse the town within fifteen (15) working days of the date of receipt of an invoice for expenses associated with the third party's supplemental review of the application. Failure by the applicant to make reimbursement pursuant to this section shall abate the pending application until paid in full.

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2010-12, § 3, 6-16-10; Ord. No. 2014-10, § 2(Exh. A), 6-11-14)

(A)

Towers and antenna shall be removed, at the owner's expense, within one hundred eighty (180) days of cessation of use, unless the abandonment is associated with a replacement antenna structure as provided hereinabove, in which case the removal shall occur within ninety (90) days of cessation of use.

(B)

An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The town administrator may extend the time for removal or reactivation up to sixty (60) additional days upon a showing of good cause. If the tower or antenna is not removed in a timely fashion, the Town of Davie may give notice that it will contract for removal within thirty (30) days following written notice to the owner. Thereafter, the Town of Davie may cause removal at the cost of the owner.

(C)

Upon removal of the wireless telecommunication facility, the site shall be returned to its natural state and topography and vegetated consistent with the natural surroundings.

(Ord. No. 2003-043, § 1, 10-15-03)

(A)

Pursuant to applicable law, the town may contract with a third party to administer town-owned property for purposes of developing town-owned sites as part of a master telecommunications plan, consistent with the terms of this ordinance. Except as specifically provided herein, the terms of this article, and the requirements established thereby, shall be applicable to all wireless telecommunication facilities to be developed or collocated on town-owned sites.

(B)

If an applicant requests a permit to develop a site on town-owned property, the permit granted hereunder shall not become effective until the applicant and the town have executed a written agreement or lease setting forth the particular terms and provisions under which the permit to occupy and use the public lands of the town will be granted.

(C)

Nonexclusive grant. No permit granted under this section shall convey any exclusive right, privilege, permit or franchise to occupy or use the public lands of the town for delivery of telecommunications services or any other purpose.

(D)

Rights granted. No permit granted under this section shall convey any right, title or interest in the public lands, but shall be deemed a permit only to use and occupy the public lands for the limited purposes and term stated in the grant. Further, no permit shall be construed as a conveyance of a title interest in the property.

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2014-10, § 2(Exh. A), 6-11-14)

(A)

Satellite earth stations that are greater than one (1) meter (39.37 inches) in diameter in residential districts and greater than two (2) meters in diameter in all other zoning districts and which are greater than twenty (20) feet above grade in residential districts and thirty-five (35) feet above grade in all other zoning districts shall be subject to receipt of a special permit; submittal requirements shall include those items enumerated in subsection 12-509(A)(2)a., h., i., j., n.6., p. and q., together with the application fee as set forth in the Town of Davie's current fee schedule. In addition, if the satellite earth station is to be attached to a roof or building, a letter certifying the roofs and building's structural stability shall be written and sealed by a professional engineer licensed by the State of Florida, and shall be submitted to the town administrator, prior to any approval of a roof-mounted satellite earth station. Roof-mounted satellite earth stations that comply with the provisions of these regulations do not require additional yard setbacks or setbacks from residential areas or dwellings.

(B)

Satellite earth stations that are greater than one (1) meter (39.37 inches) in diameter in residential and neighborhood service districts and greater than two (2) meters in diameter in all other zoning districts and which are less than twenty (20) feet above grade in residential and neighborhood service districts and thirty-five (35) feet above grade in all other zoning districts shall be permitted so long as they employ a concealed design, i.e. patio umbrella or faux boulder or are otherwise surrounded by landscaping designed in accordance with section 12-100 et seq. of the Town Code of Ordinances that prevents the earth station from being seen on all four (4) sides. No concealed designed satellite earth station, whether fully enclosed within a building or otherwise, shall have antennas, antenna arrays, transmission lines, equipment enclosures or other ancillary equipment that is readily identifiable from the public domain as a satellite earth station. Alternatively, a satellite earth station may be attached to a roof or building, provided that a letter certifying the roofs and building's structural stability shall be written and sealed by a professional engineer licensed by the State of Florida, and shall be submitted to the town administrator, prior to any approval of a roof-mounted satellite earth station. Roof-mounted satellite earth stations that comply with the provisions of these regulations do not require additional yard setbacks or setbacks from residential areas or dwellings.

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2014-10, § 2(Exh. A), 6-11-14)

In all zoning districts, an applicant proposing an amateur wireless facility in excess of eighty (80) feet shall be required to obtain a special permit.

(A)

Application requirements:

(1)

Site plan application in accordance with the site plan requirements of the Town of Davie Code of Ordinances contained in section 12-372.

(2)

Applicant's copy of current, valid FCC license for amateur radio operation.

(3)

Site plan sketch showing all proposed structures (e.g. support structures, anchorage) and setbacks from such structures to property boundaries.

(4)

Payment of application fee as provided in the Town of Davie's current fee schedule.

(B)

Approval criteria for amateur wireless facility over eighty (80) feet:

(1)

Said facility shall be accessory to a legal, principal use on site (e.g. residence).

(2)

Structures, including towers, shall meet the setback requirements for accessory uses for the zoning district in which the proposed facility shall be located.

(3)

Applicant shall commit in writing that the facility will be erected in accordance with manufacturer's recommendations.

(4)

If more than two hundred twenty (220) voltage is present in the ground grid or in the tower, a sign shall be attached to the tower and shall display in large bold letters the following: "HIGH VOLTAGE—DANGER."

(Ord. No. 2003-043, § 1, 10-15-03)

(A)

Any modification of an existing wireless telecommunications facility, including but not limited to replacement of existing antenna elements on such wireless telecommunications facility, must, prior to making such modifications, submit an application which contains:

(1)

A description of the proposed modifications to the wireless telecommunications facility, including modifications to antenna element design, type and number, as well as any additional feed lines from the base of the wireless telecommunications facility to such antenna elements.

(2)

A signed statement from the wireless telecommunications facility's owner or owner's agent stating that the radio frequency emissions comply with FCC standards for such emissions certifying that both individually and cumulatively with any other facilities located on or immediately adjacent to the proposed facility.

(3)

A stamped or sealed structural analysis of the existing wireless telecommunications facility prepared by a professional engineer licensed by the State of Florida indicating that the existing antenna-supporting structure as well as all existing and proposed appurtenances meets Florida Building Code requirements (including windloading) for the antenna-supporting structure.

(4)

(Reserved)

(5)

(Reserved)

(B)

(Reserved)

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2014-10, § 2(Exh. A), 6-11-14)

Any application submitted pursuant to this article shall be reviewed by town staff for completeness upon submission. If any required item fails to be submitted, the application shall be deemed incomplete. Staff shall advise an applicant within twenty (20) business days after submittal of an application if such application, for administrative purposes only, is considered complete and is properly submitted. If the application is incomplete, such notice shall set forth the missing items or deficiencies in the application which the applicant must correct and/or submit in order for the application to be deemed complete. Staff shall then have a further twenty (20) business days to give notice as to the amended application's completeness. The date staff advises the applicant that such application is complete shall be the commencement date for purposes of calculating time under F.S. § 365.172(12)(d).

(Ord. No. 2003-043, § 1, 10-15-03; Ord. No. 2014-10, § 2(Exh. A), 6-11-14)

Any application submitted pursuant to this article shall be evaluated by staff in accordance with the town's master telecommunications plan ("plan"). To develop and maintain the plan, the town's consultant shall use signal propagation methods and professional engineers qualified in this discipline and assure compliance with all federal, state and local regulations. The town's plan was adopted on June 18, 2003, and may be amended and revised by a resolution.

(Ord. No. 2003-043, § 1, 10-15-03)

(A)

Application review and approval by facility type:

(B)

Where required in paragraph (A), above site plan review shall include the public participation process as set forth in article X, division 7, and review by the development review committee members in the manner set forth in article XII, division 3, except that review by the planning and zoning board shall not be required.

(C)

Building permit review. Building permit review shall be conducted pursuant to chapter 5. In addition, the town administrator or designee shall determine whether the proposed wireless telecommunication facility is consistent with any approved site plan, this article, and other relevant portions of the Town Code, unless otherwise prohibited by federal or state law. Upon receipt of a complete application (as defined in section 12-521) that meets the eligibility requirements of F.S. § 365.172(12)(e) and is not considered a "substantial modification" pursuant to 47 USC § 1544(a), the town administrator shall approve such application within forty-five (45) business days. Upon receipt of any other complete application that does not meet the above standards, the town administrator shall approve or deny such application within forty-five (45) business days. The town administrator shall set forth in writing the basis of his or her decision, and shall have the right to seek supplemental review of the application as set forth in section 12-515 prior to making a decision on such application. Any application denied by the town administrator may be reconsidered by the town council upon petition of such denied applicant.

(D)

All applications for wireless telecommunication facilities, including modifications of same, shall be reviewed within a reasonable period of time commensurate with the scope of the proposed facility. In no case shall the review time exceed the standards set forth in F.S. § 365.172(12).

(E)

Exception for certain collocations. Applications for collocation and for associated modification of antenna supporting structures shall be processed and approved in accordance with Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 USC § 1455(a) as follows:

(1)

The following are considered eligible for approval pursuant to this paragraph (E):

(a)

A collocation on an existing antenna supporting structure that does not increase the overall height of the antenna supporting structure, antenna and/or antenna array by more than ten (10) percent or twenty (20) feet, whichever is greater; and

(b)

A collocation that does not involve the addition of a proposed antenna that causes the width (girth) of the structure to be increased by more than twenty (20) feet or the existing girth of the structure, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this subparagraph if necessary to avoid interference with existing antennas and except that the mounting of the proposed antenna may exceed the girth limits set forth in this subparagraph if necessary to shelter the antenna from inclement weather or to connect the antennas to the tower via cable.

(c)

Any collocation on an existing antenna supporting structure shall meet current building code requirements (including windloading).

(d)

A collocation which does not add more than four (4) additional equipment cabinets or one (1) additional equipment shelter.

(e)

A collocation which does not require excavation outside of the existing leased or owned parcel or existing easements.

(2)

An eligible project, as described in paragraph (1), above, shall be subject to no more than building permit review and shall be approved upon determination of compliance with the Florida Building Code no later than the timeframes set forth in F.S. § 365.172(12)(d).

(Ord. No. 2014-10, § 2(Exh. A), 6-11-14; Ord. No. O2021-030, § 2(Exh. A), 11-3-21; Ord. No. O2024-005, § 2(Exh. A), 2-7-24)