Purpose. The purpose of these regulations is to establish general guidelines for the siting of wireless facilities. The goals of these regualtions are to:

A.

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

B.

Encourage the location of towers in nonresidential areas;

C.

Minimize the total number of towers throughout the community;

D.

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

E.

Encourage users of towers and antennas to locate them, to the extent possible, in are as where the adverse impact on the community is minimal;

F.

Encourage uses of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

G.

Enhance the ability of the providers of telecommunications services to the community quickly, effectively, and efficiently;

H.

Consider the public health and safety of communication towers; and

I.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the City of Haines City shall give the consideration to the city's comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antenna.

J.

Allow for the placement of micro wireless and small wireless facilities.

(Ord. No. 18-1594, § 8, 3-1-2018)

As used in this chapter, the following terms shall have the meanings set forth below:

Alternative tower structure means man-made trees, clock towers, bell steeples, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna or antenna attachment means any exterior stealth designed device used for transmitting and receiving, mounted on a tower, alternative tower structure, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. This definition does not include over-the-air reception devices which deliver television broadcast signals, direct broadcast signals, direct broadcast satellite services or multichannel multi-point distribution services, as defined and regulated by 47 C.F.R. Statute 1.4000, as amended.

Back haul network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

Building permit means any permit or combination of permits issued by the Haines City Building Department.

Collocate or Collocation. The action to install, mount, maintain, modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does not include the installation of a new utility pole or wireless support structure in the public rights-of-way.

Communication tower means any ground mounted structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communicating purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

1.

Monopole tower. A single self-supporting tower of concrete, steel, or similar materials having a solid appearance and no guy wires.

2.

Lattice tower. A self-supporting tower with three or more sides of open-framed structures.

3.

Guyed tower. A tower anchored with guy wires.

Engineer means a registered engineer licensed in the State of Florida to provide any information of an engineering nature whether civil, electrical or mechanical.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means, when referring to a tower or other structure, the distance measured from the zero datum of the lot, as defined in the Land Development Regulations, to the highest point on the tower or other structure, including any antenna.

Micro wireless facility. A small wireless facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches.

Preexisting towers and preexisting antennas means any tower or antenna for which a building permit has been properly issued prior to the effective date of these regulations including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

Small wireless facility. A wireless facility that meets the following qualifications:

a.

Each antenna associated with the facility is located inside an enclosure of no more than six cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than six cubic feet in volume; and

b.

All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures.

Speculative tower means a tower that is proposed for construction without evidence of any antenna leases or agreement for use of the tower.

Stealth design means a method that would hide or conceal an antenna, supporting electrical or mechanical equipment, or any other support structure that is identical to, or closely compatible with, the color to the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

Utility pole. A pole or similar structure that is used in whole or in part to provide communications services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure 15 feet in height or less unless an authority grants a waiver for such pole.

Wireless facility. Equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, wires, coaxial or fiber-optic cable or other cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communications. The term includes small wireless facilities. The term does not include:

a.

The structure or improvements on, under, within, or adjacent to the structure on which the equipment is collocated;

b.

Wireline backhaul facilities; or

c.

Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

Wireless infrastructure provider. A person who has been certificated to provide telecommunications service in the state and who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless services provider.

Wireless provider. A wireless infrastructure provider or a wireless services provider.

Wireless services. Any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.

Wireless services provider. A person who provides wireless services.

Wireless support structure. A freestanding structure, such as a monopole, a guyed or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless facilities. The term does not include a utility pole.

(Ord. No. 18-1594, § 8, 3-1-2018)

A.

New towers and antennas. All new towers or antennas in the city shall be subject to these regulations, except as provided in section (B)(2).

B.

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of these regulations, other than the requirements of sections (c)(7) and (8). All modifications of such towers and antennas of more than 50 percent of the structure, or that increase the height of said structure, or reconstruction of said tower or antenna shall meet the terms of these regulations.

A.

These provisions shall not apply to the following:

1.

Communication towers that are constructed at a height below the height limitations for the zoning district in which the communication tower is located.

2.

Communication towers and antennas that are owned or operated by a governmental agency and primarily used for public health and safety. However, governmental agencies shall make every effort possible to comply with the provisions of these regulations.

3.

Any communication tower or antenna that is placed in response to an emergency as declared by Haines City, Polk County, the State of Florida, or any other agency with the authority to declare an emergency. The exemption shall apply for only the duration of the emergency and for such period of time following the emergency as is reasonably necessary to remove the tower or antenna.

4.

Communications towers not exceeding on 130 feet in height and located on a specific site for no more than 30 days in any 365-day period, subject to any applicable permitting requirements as deemed necessary by the building official, shall be located as shown on table 1.

A.

Location. Communication towers shall be allowed in the following zoning districts.

TABLE 1

COMMUNICATION TOWER PERMITTED USE MATRIX

* Note: Towers of all types are permitted on city property in all zoning districts with city commission approval. This approval shall be in the form of action on a lease or similar agreement and a conditional use approval, which shall occur concurrently. Public notice shall be provided in the same manner as required for zoning actions.

B.

Antennas. Antenna attachments onto existing structures shall be permitted in all zoning districts with a building permit, except where required by a special exception.

C.

Principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or communications tower on such lot. For the purposes of applying setbacks and other applicable development regulations, the entire lot or parcel on which a communication tower or antenna is located shall be treated as the lot, even if the communication tower or antenna is located on a leased parcel or lot.

D.

Justification. To justify the need for a new facility, and to prevent adverse impacts form occurring as a result of speculative towers being placed throughout the city, each applicant for an antenna and/or tower shall provide to the building official a propagation map (showing coverage) in every application to demonstrate the need for a tower. No tower shall be approved unless a lease or other contract exists between the tower applicant and a telecommunication services provider for placement of an antenna on the tower upon approval and construction of the tower. An affidavit that a lease or contract exists may be submitted in lieu of either the lease or contract.

E.

Aesthetics. Towers and antennas shall meet the following requirements:

1.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a color so as to reduce visual obtrusiveness.

2.

At a tower or antenna site, the design of the buildings and related structures shall, to the maximum extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. Said towers, antennas, buildings and related structures shall be required to be approved by the building official.

(Ord. No. 18-1594, § 8, 3-1-2018)

Towers/antennas shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

All towers/antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by these regulations shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Prior to the issuance of a building permit to construct an antenna or tower, the owner/applicant shall provide the city with all applicable approvals for federal, state, and county agencies. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the electronic industries association, as amended from time to time. If, upon inspection, the building official, city engineer or his/her designee concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Measurement of tower setbacks and separation distances shall be or outside the boundaries of the city.

Towers and antennas shall be regulated and permitted pursuant to these regulations and shall not be regulated or permitted as essential services, public utilities or private utilities.

No signs shall be allowed on an antenna or tower.

So as to lessen proliferation, the city requires the users of towers and antennas to submit application of approval of at least one additional user on a single unit. Applications for approval of multiple user sites shall be given priority in the review process.

The following setback requirements shall apply to all towers.

A.

Towers must be set back from water bodies (to include lakes, inlets and streams), residential lots and rights-of-way (to include both streets and railroads) distance equal to at least 100 percent of the tower height. A reduced setback is possible through a conditional use, but only in those zoning districts where towers are either a permitted use or otherwise allowed by conditional use.

B.

Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

C.

In order to consider the potential visual impacts, any communication tower proposed to be located within 1,000 feet of the water line of a lake shall be required to obtain a conditional use.

D.

Towers constructed closer than one times the tower height from a property line shall be permitted upon receipt of a statement from a registered professional engineer that the tower is designed to prevent collapse onto adjacent properties.

(Ord. No. 18-1594, § 8, 3-1-2018)

The following separation requirements shall apply to all towers:

A.

Separation distance between towers.

B.

Separation distances between towers shall be applicable for and measured between the proposed towers. 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, to the proposed tower. The separation distances (listed in linear feet) shall be as shown in table 2.

Table 2

TOWER SEPARATION REQUIREMENTS*

*Note: Towers located on city-owned property shall be exempt from these provisions.

Towers shall be enclosed with a security enclosure not less than six feet in height and said towers shall also be equipped with an appropriate anti-climbing device.

The following requirements shall govern the landscaping surrounding all towers:

A.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound. The minimum landscaping within said buffer shall be continuous four-foot high hedge at the time of planting and an ultimate height of six feet, and one tree, 12-foot in height at the time of planting, every 25 lineal feet.

B.

Existing mature tree growth and natural forms on the site shall be preserved to the maximum extent possible. In some case, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.

A.

Antennas mounted on structures or rooftops. If an antenna is mounted on a structure of rooftop, then it must comply with the following standards:

1.

The cabinet or structure shall not contain more than 150 square feet of gross floor area or be more than ten feet in overall height, assuming at all times that a structural engineer has declared that the structural integrity of the structure of rooftop will not be compromised by the cabinet or structure.

2.

Equipment shall be located on the roof of a building only when it is demonstrated by the applicant that the equipment cannot be placed inside the structure. If located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than ten percent of the roof area.

3.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

4.

Antennas that extend above the roof line of a structure, or exceed the height of the rooftop, shall be required to obtain a conditional use in order to ensure that any impacts as a result of the antenna's placement are minimized.

B.

Antennas mounted on utility poles or light poles. Antennas shall be permitted on utility or light poles.

C.

Antennas located on towers. The related unmanned equipment structure shall not contain more than 350 square feet of gross floor area or be more than 12 feet in overall height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

(Ord. No. 18-1594, § 8, 3-1-2018)

Any antenna or tower that is not operated for a continuous period of two years shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

A.

Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist pursuant to the Land Development Regulations. Routine maintenance (including replacement with a new tower or like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of these regulations.

B.

Rebuilding damaged or destroyed nonconforming towers of antennas. Nonconforming towers and antennas that are damaged or destroyed more than 50 percent of their value or structure shall be required to meet the requirements as set forth in this article.

C.

No expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of these regualtions shall not be deemed to constitute the expansion of a nonconforming use or structure.

A.

An existing communication tower or a pole-like alternative support structure (such as a light standards or power pole) may be modified or replaced one time to allow for the collocation of additional antenna(s), provided the replacement tower or structure is within 50 feet of the existing tower or structure and the existing setbacks are maintained.

B.

A limited replacement (or modification) shall meet the requirements of (1) above and, if located with 100 percent of the replacement structure's height from any adjacent residentially used and zoned dwelling, shall not increase the height of the existing structure by more than 25 percent of the existing structure's height or more than 50 feet, whichever is less.

To encourage the use of existing structures and sites where visual impacts currently exist, replacement or limited replacement towers and alternative support structures are not required to increase the setbacks to accommodate the replacement or modification.

C.

A replacement or limited replacement may only occur one time on a site. Any subsequent proposed replacement or modification shall be reviewed as a new communications tower.

The following information shall be required as part of any request for a communications tower or antenna attachment:

A.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a Florida licensed professional engineer.

B.

An applicant shall submit the information described in this section and a nonrefundable fee as established in the fee schedule (of the City of Haines City) to reimburse the city for the costs of reviewing and providing legal notice for the application.

C.

A scaled site plan clearly indicating the location, type and height of the proposed tower/antenna, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), comprehensive plan future land use designation of the site and all properties within the applicable separation distances set forth in table 2, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower/antenna and any other structures, topography, parking, and other information deemed by the building official to be necessary to assess compliance with these regualtions.

D.

Legal description of the parent tract and leased parcel (if applicable).

E.

The setback distance between the proposed tower/antenna and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

F.

The separation distance from other towers/antennas described in the inventory of existing sites submitted pursuant to table 2 shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing towers/antenna(s) and the owner/operator of the existing tower(s), if known.

G.

A landscape plan showing specific landscape materials.

H.

Method of providing security enclosure and finished color and, if applicable, the method of providing stealth design and illumination.

I.

A description of compliance with all applicable federal, state or local laws. Including all provisions within this Land Development Regulations.

J.

A notarized statement by the applicant's engineer as to whether construction of the tower will accommodate collocation of additional antennas for future users.

K.

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

L.

A description of the feasible location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is erected.

M.

A photo simulation of the proposed tower.

A.

General. The following provisions shall govern the review and approval of conditional use applications for towers or antennas by the city commission.

B.

When required. A conditional use shall be required for communication towers and/or antenna attachments as listed below:

1.

Towers that do not comply with the minimum 100 percent of tower height setback.

2.

Any tower type of zoning district where required as shown in table 1.

C.

Administrative conditional uses. An administrative conditional use shall be required for communication towers and/or antenna attachments as listed below:

1.

Antenna attachments onto any structure in community redevelopment areas.

2.

Any antenna attachments that extend above the roof line of a structure. (Note: As used in this sentence, structure shall not be interpreted to include water towers.)

D.

Applications for conditional uses approval under this section shall be subject to the procedures and requirements of the Land Development Regulations, except as modified in this section.

E.

In granting a conditional use approval, the city commission impose conditions to the extent that the city commission concludes such conditions as are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties.

F.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a Florida licensed professional engineer.

G.

An applicant for a conditional use shall submit the information described in this section and a nonrefundable fee as established in the fee schedule of the city to reimburse the city for the cost of reviewing and providing legal notice for the application.

F.

An applicant for a conditional use shall submit the information described in this section and a nonrefundable fee as established in the fee schedule of the city to reimburse the city for the cost of reviewing and providing legal notice for the application.

(Ord. No. 18-1594, § 8, 3-1-2018)

In addition to any standards for consideration of conditional uses pursuant to the Land Development Regulations, the city commission shall consider the following factors in determining whether to approve a conditional use.

A.

Height of the proposed tower/antenna.

B.

Proximity of the tower/antenna to residential structures and residential district boundaries.

C.

Nature of uses on adjacent and nearby properties.

D.

Surrounding topography.

E.

Surrounding tree coverage and foliage.

F.

Design of the tower/antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

G.

Proposed ingress and egress.

H.

Availability of suitable.

(Ord. No. 18-1594, § 8, 3-1-2018)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city commission that no reasonable alternative technology exists that can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the city commission related to availability of suitable existing towers, other structures or alternative technology.

A.

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

B.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

C.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

D.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

E.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

F.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

G.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(Ord. No. 18-1594, § 8, 3-1-2018)

The City of Haines City shall comply with the provisions of Chapter 337.401 Florida Statutes, as amended (The Advanced Wireless Infrastructure Deployment Act), regarding the location of Micro Wireless and Small Wireless Facilities.

(Ord. No. 18-1594, § 8, 3-1-2018)