The regulations and requirements set forth herein are adopted for the following purposes:

(1) To provide for the location of communication towers and communication antennas in incorporated Flagler Beach;

(2) To protect residential areas and land uses from potential adverse impacts of communication towers and antennas;

(3) To minimize adverse visual impacts of communication towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

(4) To accommodate the growing need for communication towers and antennas;

(5) To promote and encourage shared use/colocation of existing and new communication towers as a primary option rather than construction of additional single-use towers;

(6) To consider the public health, safety and welfare;

(7) To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(1) All new communication towers and communication antennas in the City of Flagler Beach shall be subject to these regulations and all other applicable regulations to the extent not inconsistent herewith. For purposes of measurement, communication tower setbacks and separation distances as listed in Section 2.10.03 shall be calculated and applied irrespective of municipal and county jurisdictional boundaries.

(2) All communication towers legally existing on the effective date of this ordinance shall be considered permitted uses, allowed to continue their usage as they presently exist; provided however, anything other than routine maintenance, including without limitation, structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing communication tower, shall comply with the requirements of Section 2.10.03, "Performance and Construction Standards for Communication Towers and Communication Antennas," with the exception of separation distances. Routine maintenance shall be permitted on such existing towers.

(3) All government towers with public safety systems or equipment shall be exempt from the requirements in this section.

(1) Guyed and lattice communication towers are prohibited within the city limits.

(2) Monopole communication towers and communication antennas are permitted as follows:

(a) Monopole communication towers and communication antennas are an accessory use in all zoning districts other than reserved, conservation and recreation, provided that the structures do not exceed the established height limitation;

(b) Camouflaged and monopole communication towers and communication antennas which exceed the established height limitation but do not exceed two hundred (200) feet in height will be classified as a special exception use, allowed only in light industrial areas, subject to site plan review and approval and compliance with the performance and construction standards set forth in Section 2.10.03 below, pursuant to existing special exception regulations.

(c) Communication towers and communication antennas which exceed two hundred (200) feet in height are prohibited within the City of Flagler Beach.

(3) Rooftop-mounted monopole communication towers or antennas may be approved as a special exception in any zoning district other than reserved, preservation, conservation or recreation, subject to the following:

(a) The height of the tower or antenna does not exceed more than twenty (20) feet above the average height of the roof line;

(b) The building is at least thirty-five (35) feet in height;

(c) Screening, if appropriate, may be required to minimize the visual impact of a proposed tower or antenna upon adjacent properties;

(d) A roof-mounted monopole tower must be set back from the edge of the roof a minimum of fifteen (15) feet;

(e) Roof-mounted monopole communication towers and antennas constructed pursuant to this section shall be exempt from the minimum distances from residential uses (established in "Location Requirements", Section 2.10.03 (3)(b) below).

(f) Roof-monopole communication towers and antennas constructed pursuant to this section shall be exempt from the minimum separation distances between towers (established in "Minimum Tower Separation", Section 2.10.03 (below);

(g) Utility poles and transmission towers shall not be considered towers, buildings or rooftops upon which antennas and/or towers are permitted to be located; provided however, antennas may be located on top utility poles.

(4) Denials. A decision to deny an application for a communication tower or communication antenna shall be in writing and must be based on evidence in the record at the time the decision is issued.

(1) Structural design. New communication towers/antennas and modifications to existing structures including, without limitation, the addition of height, antennas or providers, shall be constructed in accordance with all city building and electrical codes, and shall be certified by an engineer licensed to practice in the State of Florida.

(2) Setbacks. Communication tower/antenna setbacks shall be measured from the base of the tower/antenna, or protruding building or structure at the base of the tower, whichever is closest to the property line, of the parcel on which it is located. Communication towers/antennas and their accessory structures shall comply with the minimum setback requirements of the district in which they are located and the street setbacks set forth in the Land Development Regulations. In cases where there is a conflict between the minimum setback requirements and the street setbacks, the greater setback shall apply. In addition, where there is a principal building housing a principal use located on the site, the communication tower/antenna and accessory structures to the tower/antenna shall be located behind the principal building.

(3) Separation from off-site uses:

(a) Communication tower separation shall be measured from the base of the tower to the closest point of off-site uses and/or designated areas as specified in subsection (b) below. For purposes of this requirement, global positioning system (GPS) coordinates for the center of the tower(s) may be used.

(b) Location requirements. The separation distances from off-site uses (listed in linear feet) shall be as follows:

*Provided, however, in no instance shall the separation distance be less than the breakpoint distance.

(c) The minimum distance from residential uses shall be reduced to the breakpoint distance for towers located in power corridors of 240 kv or larger transmission lines, provided the towers and ground support and equipment serve a minimum of three (3) telecommunications service providers. Proof of such collection shall be submitted with the application in the form of a binding contract.

(d) The minimum distance from residential uses shall be reduced by one-half (½) for camouflaged towers seventy (70) feet or less in height located adjacent to high volume roads, or in or adjacent to power corridor of 240 kv or larger transmission lines, provided however, in no instance shall the separation distance be less than the breakpoint distance.

(4) Separation distances between communication towers:

(a) Separation distances between communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or have received land use or building permit approval from the City of Flagler Beach or adjoining jurisdictions. When more than one (1) application is simultaneously being reviewed, separation distances for all pending applications shall also be considered, including those pending in adjacent jurisdictions.

(b) The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan of the proposed tower. For purposes of this requirement, GPS coordinates for the tower(s) may be used.

(c) The separation distances between communication towers (listed in linear feet) shall be as follows:

MINIMUM TOWER SEPARATION

(d) Separation distances shall be reduced by one-half (½) between two (2) or more towers located wholly within a light industrial zoning district provided the towers and ground support equipment serve a minimum of three (3) telecommunication service providers. Proof of such collocation shall be submitted with the application in the form of a binding contract.

(e) Separation distances shall be reduced by one-half (½) between two (2) or more towers located wholly within a power corridor of 240 kv or larger transmission lines, provided the towers and ground support equipment serve a minimum of three (3) telecommunication service providers. Proof of such collocation shall be submitted with the application in the form of a binding contract.

(f) Separation distances between towers one hundred sixty (160) feet or less in height located wholly within a commercial zoning district shall be reduced by one-half (½), provided the towers and ground support equipment serve a minimum of three (3) telecommunication service providers. Proof of such collocation shall be submitted with the application in the form of a binding contract.

(5) Fencing. A chain link fence or wall not less than six (6) feet in height, with three (3) strands of barbed wire from finished grade shall be provided around each communication tower. Access to the tower shall be through a locked gate.

(6) Landscaping. The visual impacts of a communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of communication tower shall be required around the perimeter of the tower and accessory structures. Landscaping shall be installed on the outside of fences. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements.

(a) A row of trees a minimum of eight (8) feet tall and a maximum of twenty-five (25) feet apart shall be planted around the perimeter of the fence; and

(b) A contiguous hedge at least thirty (30) inches high at planting capable of growing to at least thirty-six (36) inches in height within eighteen (18) months shall be planted in front of the tree line referenced above; and

(c) All landscaping shall be of indigenous vegetation.

(7) Height:

(a) No freestanding communication tower/antenna shall exceed two hundred (200) feet in height from ground level.

(b) Where installed on top of a building, no communication tower/antenna shall extend greater than twenty (20) feet over the building height.

(8) Type of construction. Communication towers shall be monopole construction; provided, however, camouflaged construction may be approved by the city commission at a special exception hearing, upon consideration of the following factors in addition to those set forth at Section 2.10.05.

(a) Compatibility with adjacent properties;

(b) Architectural consistency with adjacent properties;

(c) Visual impact on adjacent properties, including visual access of adjacent properties to sunlight; and

(d) Design of accessory structures in order to be architecturally consistent with the existing structures on the site. A variance from the fencing and landscaping requirements of this section may be requested for such accessory structures.

(9) Development criteria. Communication towers/antennas shall comply with the minimum development criteria of the district in which they are located, pertaining to minimum lot size and open space.

(10) Illumination. Communication towers/antennas shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration. At time of construction in cases where there are residential uses within a distance three hundred (300) percent of the height of the tower, dual lighting shall be requested from the FAA.

(11) Colocation:

(a) Communication towers less than one hundred fifty (150) feet in height shall be engineered and constructed to accommodate a minimum of two (2) additional telecommunication service providers. Communication towers greater than one hundred fifty (150) feet in height shall be engineered and constructed to accommodate a minimum of three (3) additional telecommunication service providers.

(b) Camouflaged communication towers may be engineered and constructed without accommodating additional telecommunication service providers.

(c) Communication towers located within electrical substations may be engineered and constructed without accommodating additional communication service providers. Such towers shall be monopole construction and shall be subject to all of the requirements of this division.

(d) Proposed communication antennas may, and are encouraged to, colocate onto existing communications towers. Provided such colocation is accomplished in a manner consistent with Sections 2.10.02 (permitted areas) and Section 2.10.03 (construction standards), such colocation is permitted and new or additional special exception approval is not required.

(e) If determined by the city that the proposed tower is situated in a location which will benefit the city's telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunicating equipment beneficial to the public system at a cost to the city no greater than the actual expense of the provider in so engineering and constructing the tower to meet the city's needs.

(f) On-site location. A communication tower which is being rebuilt to accommodate the colocation of an additional communication antenna may be moved on-site within fifty (50) feet of its existing location, however, the antenna shall meet the setback requirements in Section 2.10.03. After the communication tower is rebuilt to accommodate colocation, only one (1) tower may remain on the site.

(g) A relocated on-site communication tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Section 2.10.03. The relocation of a tower in accordance with this subsection shall in no way be deemed to cause a violation of Section 2.10.03. The on-site relocation of a communication tower which comes within the separation distances to residentially zoned lands or residential uses shall require variance approval.

(h) Telecommunication service providers shall not unreasonably withhold the use of their tower for purposes of colocation.

(12) Noninterference. No communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system and/or public safety entities. Each application shall include a certification by a licensed engineer that no interference with public safety systems and/or public safety entities will occur. Additionally, each application for special exception or building permit where a permitted use, to allow construction of a communication tower shall include either a preliminary or a certified statement that the construction of the tower, including reception and transmission functions, will not interfere with two (2) GHz microwave systems, the use of hearing aids or the usual and customary transmission or reception of radio, television, etc., service enjoyed by adjacent residential and nonresidential properties. In the event only a preliminary statement is submitted with the application, a final, certified statement of noninterference will be provided and approved by the city prior to the issuance of a building permit. The statement shall be prepared by an engineer licensed to practice in the State of Florida or other professional accepted by the city.

(13) Measurement of tower height. Tower height shall be measured from the finished grade at the base of the tower to the highest point of the tower or appurtenance attached thereto.

(14) Exemption from minimum distance requirements. Communication towers installed and operated for public purposes by a federal, state, or local governmental agency shall be excluded from calculation of minimum distance requirements for communication towers operated for private purposes.

(15) Certification required. All plans for construction of a communication tower, including foundation plans, shall be certified by an engineer licensed to practice in the State of Florida.

(16) Hurricane evacuation routes. Communication towers shall not be constructed at a height and location that, in the event of tower failure, the tower may totally or partially block or impede any road or street designated as a hurricane evacuation route.

(17) Documentation. Documentation to demonstrate conformance with the requirements of Section 10.40 shall be submitted by the applicant with all requests to construct, locate or modify a communication tower/antenna. A statement by the applicant as to how construction of the communication tower will accommodate colocation of additional antennas for future users shall be included with the documentation.

(18) Signs and advertising. The use of any portion of a tower for sign or advertising purposes including, without limitation, company name, banners, or streamers, is prohibited.

(19) Abandonment. Thirty (30) days before discontinuing use of a communication tower, the owner and/or operator shall provide notice of abandonment to the city. In the event the use of any communication tower has been discontinued for a period of one hundred eighty (180) consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional sixty-one (61) days within which to (i) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or (ii) dismantle and remove the tower. The owner of the real property shall be ultimately responsible for all costs of dismantling and removal, and in the event the tower is not removed within sixty (60) days of abandonment, the city may proceed to do so and assess the costs against the real property. The lien of such assessment shall bear interest, have priority and be collectable, at the same rate and in like manner as provided for special assessments by Florida law. At the earlier of sixty-one (61) days from the date of abandonment without reactivation or upon completion of dismantling and removal, any special exception, or variance approval for the tower shall automatically expire.

All towers on public lands require the posting with the city of a performance bond in an amount sufficient to ensure costs of removal prior to issuance of a building permit.

(20) Finished color. Communication towers not requiring FAA painting/marking shall have either a galvanized finish or be painted a noncontrasting blue, gray or black finish. The color should be selected so as to minimize the equipment's visibility.

(21) Birds of prey nesting. New freestanding communication towers shall incorporate a design that provides an integral nesting platform to direct the most likely site for birds of prey nesting to a location on the tower which will reduce the risk of interference with tower equipment and maintenance.

(22) Aircraft hazard. Communication towers shall not encroach into or through an established, public or private airport approach path, as established by the Federal Aviation Administration (FAA). Each application to construct a communication tower shall include proof of application for approval from the FAA and shall be submitted with each special exception application for a communication tower. Based upon the location or height of a proposed tower, the city may require a statement of no objection from the Flagler County Airport Authority. A building permit for an approved communication tower shall not be issued until FAA approval is obtained.

(23) Approval required from other governmental agencies. Each special exception, or building permit application where a permitted use, for a communication tower shall include written approval or a statement of no objection from other federal, state or county agencies that regulate communication tower siting, design, and construction.

(24) Radiation standards. All proposed communication towers shall comply with current standards of the Federal Communications Commission for nonionizing electromagnetic radiation (NIER) and electromagnetic fields (EMF). Each special exception application or site plan application for a communication tower shall include preliminary or certified documentation or a statement from a Florida-registered engineer or other professional accepted by the city, indicating compliance with these standards. The city may hire a consultant to evaluate the required NIER or EMF documentation. The fee charged by the consultant shall be paid by the applicant. In the event only a preliminary statement is submitted with the application, a final, certified statement will be provided and approved by the city prior to the issuance of a building permit.

(25) High voltage and "No Trespassing" warning signs:

(a) If high voltage is necessary for the operation of the communications tower or any accessory structures, "HIGH VOLTAGE—DANGER" warning signs shall be permanently attached to the fence or wall and shall be spaced not more than forty (40) feet apart.

(b) "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and shall be spaced not more than forty (40) feet apart.

(c) The letters for the "HIGH VOLTAGE", "DANGER" and "NO TRESPASSING" warning signs shall be at least six (6) inches in height. The two (2) warning signs may be combined into one (1) sign. The warning signs shall be installed at least five (5) feet above the finished grade of the fence.

(d) The warning signs may be attached to freestanding poles if the content of the signs may be obstructed by landscaping.

(26) Equipment storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the communication tower, unless repairs to the tower are being made.

(27) Leaseholds. The applicant shall submit proof that the lease between the applicant and the landlord contains a provision that the landowner is responsible for the removal of the communication facilities in the event the applicant fails to remove them upon abandonment.

(28) Public facilities. If the city determines that there is a governmental or public safety need, the city commission may grant specific waivers to this section in order to allow the construction of a public safety or governmental communication tower or communication antenna.

(29) Environmental assessments. The applicant shall submit to the city a copy of environmental statements and environmental assessments and studies when such reports are required by regional, state or federal agency.

(30) Reports. The owner or operator of each freestanding ground mounted communication tower or antenna shall annually submit a report to the city indicating the number of carriers or services and appearance of the facility. The annual report shall include an 8" × 10" color photograph of two (2) opposing views of the facility and a list of all antennas and equipment shelters and providers served by the facility. A copy of the renewed Federal Communications Commission license, as applicable, shall be included in the report. The report shall include a copy of the most recent structural certification from a licensed engineer and identify anticipated maintenance or modifications to the facility. The city may periodically request an annual report at other times during the year to verify the appearance and safety of the facility or to determine whether modifications have been made without city approval.

(31) Approval revocation. Where a special exception(s) is not met within the time set forth in the terms of approval, the approval shall be revoked effective the expiration of the time period set forth in the applicable special exception, and the structure(s) shall be deemed abandoned and must be removed within sixty (60) days thereof.

(32) Wiring plan. A conceptual wiring plan showing the fiberoptic lines and wires connecting the applicant's equipment and facilities together and identifying the owner of the lines and wires as well as the public property traversed shall be submitted with the tower or antenna application. Thereafter, a final wiring plan shall be submitted with building permit application. Copies of the conceptual and final wiring plans shall be provided to the city manager or his/her designee.

For any request for a variance, or special exception to the requirements of Sections 2.10.02 or 2.10.03, the applicant shall submit an application fee at such amount as deemed sufficient and appropriate by the city, to be used to obtain technological expertise to assist city staff in evaluating the request.

The following requirements for special exception approval shall apply to communication towers and communication antennas in addition to the regulations for the zoning district in which a communication tower/antenna is to be located:

(1) Land use compatibility:

(a) Communication towers and antennas shall be located and buffered to ensure compatibility with surrounding land uses. To help ensure such compatibility, each application for a special exception for a proposed communication tower shall include, as a minimum, the following information:

1. The exact location of the proposed tower/antenna located on the most recent version of a Flagler County Property Appraiser's Tax Map;

2. The maximum height of the proposed tower/antenna;

3. The color or colors of the proposed tower/antenna;

4. The location, type, and intensity of lighting for the proposed tower/antenna;

5. The location of the proposed tower/antenna, placed upon an aerial photograph possessing a scale of not less than one inch equals three hundred feet (1" = 300'), indicating all adjacent land uses within a radius of two thousand six hundred forty (2,640) feet from all property lines of the proposed tower/antenna location site;

6. Such other additional information as may be required by city staff to fully review and evaluate the potential impact of a proposed tower/antenna;

7. Line of site analysis. The line of site analysis shall include the following information:

a. An identification of significant existing natural and manmade features adjacent to the proposed tower/antenna location to include those features that will provide buffering for adjacent properties and public rights-of-way;

b. An identification of at least three (3) specific points within a two thousand-foot radius of the proposed tower/antenna from which the line of site analysis is presented;

c. A statement as to the potential visual and aesthetic impacts of the proposed tower/antenna from which the line of site analysis is presented;

d. A graphic illustration of the visual impact of the proposed tower/antenna on all adjacent residential zoning districts;

e. Such other additional information as may be required by city staff to fully review and evaluate the potential impact of the proposed tower/antenna.

f. The exact location of the specific points to be included within the line of site analysis shall be determined in coordination with the city staff, prior to preparation and completion of the analysis;

g. The visual impact analysis shall be prepared and sealed by an engineer or architect registered in the State of Florida. The City of Flagler Beach, at the expense of the applicant, may employ consulting assistance to review the findings and conclusions of the visual impact analysis.

(2) Shared use of communication towers. Each application for a special exception for a proposed communication tower shall also include the following information:

(a) A written statement from the county and adjacent city planning departments regarding the availability of any existing or approved, but unbuilt, communication towers in the Flagler Beach area; and

(b) A written evaluation of the feasibility of sharing a communication tower, if an appropriate communication tower or towers is available.

The evaluation shall analyze, but is not limited to, the following factors:

1. Structural capacity of the tower or towers;

2. Radio frequency interference;

3. Geographic service area requirements;

4. Mechanical or electrical incompatibilities;

5. Inability or ability to locate equipment on the tower or towers; and

6. Any restrictions or limitations of the Federal Communications Commission that would preclude the use of the tower.

(c) A master plan for the communication company's cellular and/or digital network showing the location of the other existing towers in the company's network and all other towers currently in application for approval before the city, the county, or adjacent city jurisdictions.

(d) A wiring plan showing the fiberoptic lines and wires connecting the applicant's equipment and facilities together and identifying the owner of the lines and wires as well as the public property traversed.

(e) A map based on best available data from the Federal Communications Commission showing the locations of all known towers one hundred fifty (150) feet or higher and of antennas twenty (20) feet or higher on existing structures in the Flagler Beach area.

(3) [Denial of application.] The city commission may deny any application for a special exception to permit construction of a communication tower/antenna if, in the opinion of the city commission, the above land use compatibility, line of site, and/or shared use analysis demonstrates that any of the following may occur:

(a) The tower/antenna will be highly visible from one (1) or more public rights-of-way;

(b) The tower/antenna may adversely affect a residential neighborhood, indicated when an average of at least fifty (50) percent of total height of the proposed tower/antenna will be visible from said neighborhood;

(c) The tower/antenna may adversely affect surrounding residential and/or nonresidential properties;

(d) The proposed tower/antenna will be of a height, bulk and scale that is not compatible with surrounding residential and/or nonresidential uses; or

(e) The tower needs of the applicant may be met reasonably by or on existing or approved communication towers in the area.

(4) [Condition of special exception approval.] As a condition of special exception approval, time limitations on said approval may be established upon the expiration of which the special exception use shall be reevaluated at a public hearing by the city commission.

(5) [Written denial of application; basis.] A decision to deny an application for a communication tower or communication antenna shall be in writing and must be based on evidence in the record before the city commission at the time that the decision is issued.