The regulations and requirements set forth herein are intended to accomplish the following purposes:

(1)

Provide for the appropriate location and development of communication towers and antennas within municipal limits;

(2)

Minimize adverse visual effects of communication towers and antennas through careful design, siting, landscape screening and innovative camouflage techniques; and

(3)

Encourage collocation or shared use to reduce the number of communication towers needed within municipal limits.

(Ord. of 9-25-06)

(a)

General regulations. The standards listed in this article apply specifically to all antennas, towers and telecommunications facilities, except those owned by the city, located on property owned, leased, or otherwise controlled and approved by the city or located on private property as specified herein.

(b)

Local, state or federal requirements. The construction, maintenance and repair of telecommunications facilities are subject to the supervision of the city to the full extent permitted by applicable law, and shall be performed in compliance with all laws, ordinances and practices affecting such facility including, but not limited to, zoning codes, building codes, and safety codes, and as provided herein. The construction, maintenance, and repair shall be performed in a manner consistent with applicable industry standards, including the Electronic Industries Association. All telecommunication towers and antennas must meet current standards and regulations of the FAA, the FCC, including emissions standards, and any other agency of the local, state or federal government with the authority to regulate towers and antennas. If such applicable standards and regulations are revised and require that existing facilities adhere to such revised standards, then the owners of telecommunications towers and antennas within the city 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 organization, state or federal agency. Failure to comply with applicable standards and regulations shall constitute grounds for the removal of the telecommunications tower or antenna at the owner's expense.

(c)

City approval required. Unless otherwise authorized by state or federal law, no person shall construct, install or maintain a telecommunications facility within the city without the city's approval pursuant to this article. The city shall review and respond to an application within the time dictated by the nature and scope of the individual application, subject to the generally applicable time frames and consistent with the intent of the Telecommunications Act and Florida law.

(d)

Consistency with Comprehensive Plan. The city shall review the application for consistency with the city's Comprehensive Plan, the city's zoning code, this article, and compatibility of the proposed telecommunications facility with the surrounding neighborhood.

(e)

Site plan review required; exception. All new towers, antennas and other telecommunications facilities shall require site plan review. All new towers and antennas and repairs or modifications to existing telecommunications facilities in the city shall also be subject to the regulations in this article to the full extent permitted under applicable state and federal law. Telecommunications facilities owned by the city shall not be subject to this article, except as specifically referred to herein. Micro wireless facilities and small wireless facilities as defined herein do not require site plan review process approval,

Definitions:

(1)

Micro wireless facility means 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.

(2)

Small wireless facility means 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.

(2)

In public rights-of-way or in the public rights-of-way means over, above, in, on or under the public rights-of-way within the city over which the city has jurisdiction, control and authority to regulate. The term also includes those rights-of-way over which the county or state has jurisdiction and authority under the Florida Transportation Code. F.S. ch. 334, as same may be amended from time to time, but where the county or state or both have delegated to the city the authority to regulate the registration, permitting, placement, installation and maintenance of facilities.

(f)

Permit issuance. Upon receipt of a complete application, as determined by either the chief building official or zoning official, a co-location permit shall be issued within 45 days, as may be amended by state or federal law.

Upon receipt of a complete application, as determined by either the chief building official or zoning official, a new tower, antenna or other telecommunications facility permit shall be issued within 90 days, as may be amended by state or federal law.

(g)

Fee required. Each application shall be accompanied by a nonrefundable processing fee as referenced in Chapter 58 of the Code. Failure to comply with the filing fee requirements shall cause the application to be deemed withdrawn or any approvals previously issued to be revoked.

(h)

Licenses. Owners and/or operators of towers or antennas shall certify that all local business tax receipts required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required local business tax receipts with the city.

(i)

Pre-existing towers or pending applications. This article shall not apply to pre-existing telecommunications towers or applications that have received preliminary approval from the technical review committee which shall be considered vested. Those applications with preliminary approval shall comply with the prior code requirements. All applications not yet vested shall comply with the new code requirements set out in this article.

(j)

Broadcasting facilities/amateur radio station operators/receive only antennas. This article shall not govern any broadcasting facility, telecommunications facilities owned and operated by a federally-licensed amateur radio station operator, or receive only antennas. Antennas, as governed under this article, shall not include any traditional residential television antennas, satellite earth stations or microwave antennas, which are covered separately in this chapter.

(k)

Nonessential services. The providing of personal wireless services and the siting and construction of telecommunications facilities shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services or city telecommunications as defined herein.

(l)

Responsibilities of chief zoning official. Except for matters herein specifically reserved to the city council, the chief zoning official shall be the principal city official responsible for the administration of this article. The chief zoning official may delegate any or all of the duties hereunder unless prohibited by applicable law.

(m)

Inventory of existing sites. Each applicant shall provide the city with an inventory of its pre-existing telecommunications towers and antennas within the city, and the pre-existing sites of other service providers' telecommunications towers within a one-mile radius of the proposed site regardless of city boundaries.

(n)

Co-location. It is the intent of the city to encourage co-location of antennas by more than one service provider on pre-existing telecommunications towers and structures. Except as provided herein, all towers shall have the capacity to permit multiple users. At a minimum, monopole towers shall be able to accommodate two wireless service providers and, at a minimum, lattice or guyed towers shall be able to accommodate three wireless service providers. The city may deny an application for a new single-use communication tower if co-location is feasible.

(o)

Exclusions for residential districts; exception. Pursuant to state law, as may be amended, the city may exclude the placement of wireless communications facilities in a residential area or residential zoning district only when it does not constitute an actual or effective prohibition of the provider's service to that residential area or residential zoning district.

(p)

Signs. No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, whether or not posted temporarily, shall be allowed on any part of an antenna, telecommunications facility, or telecommunications tower unless required by applicable law or permit.

(q)

Warning signs. Notwithstanding any contrary provisions of the city's Code, the following shall be utilized in connection with any telecommunications facility, tower or antenna site, as applicable:

(1)

If high voltage is necessary for the operation of the telecommunications tower or any accessory structures, "HIGH VOLTAGE—DANGER" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than 40 feet apart and at a minimum one sign per side of the enclosure.

(2)

"NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and spaced no more than 40 feet apart and at a minimum one sign per side of the enclosure.

(3)

The height of the lettering of the warning signs shall be at least 12 inches and be consistent with any federal or state law. Said signs shall be installed at least five feet above the finished grade.

(4)

The warning signs may be attached to freestanding poles. Said poles shall be obstructed by landscaping.

(r)

Abandonment of telecommunications facility. Any antenna, equipment facility, or telecommunications tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna, equipment facility, or telecommunications tower shall remove the same within 90 days of receipt of notice from the city. Failure to remove an abandoned antenna, equipment facility, or telecommunications tower within the 90 days shall be grounds for the city to remove the telecommunications tower, equipment facility or antenna at the owner's expense. If there are two or more users of a single telecommunications tower or telecommunications facility, then this provision shall not become effective until all users cease using the telecommunications tower or telecommunications facility.

(Ord. of 9-25-06; Ord. No. 2008-06, § 3, 9-16-09; Ord. No. 2019-05, § 1, 2-19-19)

(a)

Antennas. Rooftop or building-mounted antennas may be permitted in the following land use categories and corresponding zoning districts and shall not to exceed a height which is more than 15 feet above the highest point of the roof, including mechanical rooms.

(b)

Communication towers and facilities. Communication towers and facilities may be permitted in the following land use categories and corresponding zoning districts:

Regarding parks and open space owned by the city or government use buildings, the city shall authorize the use and development of the property only after the applicant executes a lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant satisfies the criteria set forth herein.

(Ord. of 9-25-06)

(a)

Minimum standards. All building-mounted or rooftop antennas shall be subject to the following minimum standards:

(1)

Antennas, and related equipment buildings, shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which it is situated.

(2)

No commercial advertising or logo shall be allowed on an antenna or tower.

(3)

Unless required by the Federal Communications Commission or the Federal Aviation Administration, no signals, lights, or illumination shall be permitted on an antenna or tower. Lighting and signals, if required, may be reviewed by the technical review committee.

(b)

Dimensions.

(1)

Whip (omni-directional) antennas and their supports shall not exceed 15 feet in height and three inches in diameter and must be constructed of a material or color which matches the exterior of the building to which it is attached.

(2)

Microwave dish antennas located below 65 feet above the ground may not exceed six feet in diameter. Microwave dish antennas located 65 feet and higher above the ground may not exceed eight feet in diameter. Ground-mounted dish antennas must be located or screened so as not to be visible from abutting public streets.

(c)

Limitations. No more than four dish antennas shall be installed on a monopole tower.

(Ord. of 9-25-06)

(a)

Minimum standards. Telecommunications facilities and towers shall be subject to the following minimum standards:

(1)

Height. The height of a tower shall not exceed 150 feet in the RM-2 (or any other residential district if required for the provision of service), CF and POS zoning districts and 250 feet in the B-1, B-2, B-3, IN-1, IN-2 and IN-C zoning districts. Tower height shall be measured from the crown of the road of the nearest public right-of-way.

(2)

Minimum setbacks. The minimum setbacks shall conform to the zoning districts where the towers are situated. Notwithstanding the above, the minimum setback requirements for property zoned B-1, B-2, B-3, IN-1, IN-2 and IN-C shall be 25 feet for the front and rear yards and 15 feet for the side yards. All setbacks shall be measured from base of the tower or from the guy wire anchor, whichever is the closest to the property line or right-of-way.

(3)

Minimum distance separations.

a.

Telecommunications towers shall not be closer than 1.25 times the height of the tower from any residential areas or district, as measured by a straight line from the two closest points between any residential zoning district line and the nearest point of the proposed tower structure.

b.

The minimum distance separation between an existing tower and a proposed tower in the RM-2, CF and POS zoning districts shall be as follows:

There shall be no minimum distance separation between towers required for property zoned B-1, B-2, B-3, IN-1, IN-2 or IN-C.

(4)

Landscaping. All communication tower sites must comply with the landscaping requirements of the Miami-Dade County Landscape Ordinance and Manuals, as amended.

a.

Landscaping, consistent with the requirements of Article VII, "Landscape Requirements", as amended, shall be installed around the entire perimeter of the fence or wall.

1.

Additional landscaping may be required around the perimeter of the fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties.

2.

The chief zoning official, upon site plan review, may require landscaping in excess of the above requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses. Landscaping shall be installed on the outside of the perimeter wall.

b.

Landscaping, consistent with the requirements of Article VII, Landscape Requirements, as amended, shall be installed around any accessory buildings or structures.

c.

A row of shade trees, at least eight feet in height, at a maximum distance of 20 feet apart, shall be planted around the perimeter of the fence.

d.

A continuous hedge at least 30 inches in height at planting and capable of growing to a height of 36 inches within 18 months shall be planted on the outside of the perimeter fence and tree line.

e.

All landscaping shall be properly maintained to insure good health and viability.

(b)

Parking. Each telecommunications facility site may provide parking only for use by maintenance personnel. No vehicle storage shall occur.

(c)

Outdoor storage. No outdoor storage of maintenance equipment is permitted on sites approved for telecommunications facilities.

(d)

Accessory cellular equipment permitted. Any additional wireless communications facilities such as communication cables, adjacent accessory structures, or adjacent accessory equipment used in the provision of cellular, enhanced specialized mobile radio, or personal communications services, required within the existing secured equipment compound within the existing site shall be deemed a permitted use or activity. Notwithstanding the foregoing, all life safety codes, including but not limited to the building code, land development regulations, including any aesthetic requirements, shall apply.

(Ord. of 9-25-06)

(a)

Minimum setbacks. Unattended telecommunications buildings shall comply with the setback requirements of the zoning district where such buildings are situated.

(b)

Size limitations. An unattended telecommunications building shall be a permanent structure not to exceed 500 square feet in floor area. More than one unattended telecommunications building may be permitted on a site; provided, however, that the total square footage of such buildings, added together, do not exceed 1,000 square feet. If the site contains more than one building, the required spacing between the buildings may be excused.

(Ord. of 9-25-06)

(a)

Permits shall be required for the construction of telecommunications towers and facilities through application to the building department.

(b)

Permit applications. A building permit application and associated fee shall be fully completed and accompanied by the following:

(1)

Current survey of the property;

(2)

Application for site plan review and ordinance as approved by the city council;

(3)

Description of the telecommunications services currently provided and/or will be provided in the future by the applicant over its telecommunications facilities;

(4)

Two copies of engineering plans and specifications, signed and sealed, of the facilities in sufficient detail to identify:

a.

Location of the proposed facilities (show on the site plan);

b.

Location of all overhead and underground public utility telecommunication, cable, water, sewer, drainage and other facilities;

c.

Trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.

(5)

Written approval or a statement, if required, of no objection from federal and state agencies that may regulate telecommunication tower siting, height, design and construction.

(6)

A landscaping plan showing the specific placement of the telecommunications facility and tower on the site indicating the location of existing structures, trees and other significant site features, type and location of landscaping used to screen the facility and the proposed color of the tower.

(7)

Statement that applicant shall notify all other telecommunication providers of the permit application at the time the application is accepted by the building department.

(Ord. of 9-25-06)

(a)

The construction and installation of a telecommunications facility and tower shall be in accordance with the manufacturer's prescribed installation and safety procedures and shall meet the requirements of the Florida Building Code, as amended.

(b)

Foundations for communication towers and appurtenances thereto shall be constructed and installed so as to withstand the forces due to wind pressure as provided in the Florida Building Code, as amended.

(c)

All installations shall conform to the Florida Building Code, as amended, National Electrical Code, as amended, and FCC, regulations, as amended.

(d)

Regardless of whether a permit is required for the installation of the communication tower, separate building permits for structural or electrical work, pouring concrete or other work may be required as provided in the Florida Building Code, as amended.

(e)

Inspection. The Building Department may require periodic inspections of communication facilities and towers to ensure structural and electrical integrity and compliance with the Florida Building Code, as amended, the City of Hialeah Gardens Land Development Regulations, as amended, and other applicable codes and regulations. Communication towers shall be inspected at least once every five years by a Florida licensed engineer and the results submitted to both the building and zoning departments. Based upon the results of the inspection, the chief building official may require repair or removal of a communication tower. The fee for such inspections shall be established by ordinance.

(Ord. of 9-25-06)

(a)

If a permit is denied by the chief building official or chief zoning official for noncompliance with the Florida Building Code or Land Development Regulations provided herein, then the applicant may appeal the decision, pursuant to section 78-77, "Requirements and Procedures for Appeals" to the city council, which shall then consider the permit application at a public meeting and either uphold or overrule the denial of the permit. The city council action shall be by ordinance.

(b)

If a permit is denied, or conditions imposed, then the city council shall consider the action taken upon review of the following factors:

(1)

The technical and practical necessity for the installation of the communication tower.

(2)

Alternative measures or modifications that could be made to preserve the character of the neighborhood and to prevent aesthetic blight if installation were permitted.

(Ord. of 9-25-06)

(a)

If an applicant requests a permit to develop a site on city-owned property, the permit granted hereunder shall not become effective until the applicant and the city 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 city will be granted.

(b)

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 city for delivery of telecommunications services or any other purpose.

(c)

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.

(d)

Exemption. Government-owned property is exempt from the minimum distance separation and height requirements set forth herein.

(Ord. of 9-25-06)

Any deviation of the location, setback, type, number and height limitations shall require a zoning variance.

(Ord. of 9-25-06)