(a)

Purpose. The purpose of this article is to establish general guidelines for the siting of wireless communications towers and antennas.

(b)

Goals. The goals of this article are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in nonresidential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users 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; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Town of Hypoluxo shall give due consideration to the comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

(c)

Not an essential service. Towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities or private utilities.

(Ord. No. 97-105, §§ 1, 12, 12-10-97)

When used in this article, the following terms shall have the meanings herein ascribed to them:

Alternative lower 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 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.

Backhaul 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.

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 to the highest point on the tower or other structure, including any antenna.

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 this article, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

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 of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

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 communication 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.

(Ord. No. 97-105, § 2, 12-10-97)

(a)

Applicability. All towers or antennas installed or erected subsequent to December 10, 1997 shall be subject to the provisions of this article.

(b)

Permitted and conditional uses. Antennas and towers shall be either a permitted use on town-owned property or a conditional use in the town's commercial zoning districts, provided that no towers or rooftop antennas shall be allowed on public or private school sites, day care centers, hospitals, or nursing homes. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(c)

General requirements. 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 neutral and non-intrusive materials, colors, textures, screening, and landscaping that will use stealth and camouflage and blend them into the natural setting and surrounding buildings or be incorporated into the character of the site, in accordance with FAA regulations.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be, to the extent possible, of stealth design.

(4)

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.

(5)

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 this article shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) 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.

(6)

Towers shall be enclosed with a security enclosure not less than six (6) feet in height and said towers shall also be equipped with an appropriate anti-climbing device.

(7)

The maximum height for towers shall be one hundred twenty-five (125) feet unless a greater height is specifically approved by the Town Council. The Town Council may require the height of a tower to be reduced to accommodate a decreased need for taller structures whenever possible. Towers or guy wires shall not impede aerial spraying.

(8)

Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Town of Hypoluxo have been obtained and shall file a copy of all required franchises with the building official.

(9)

All towers shall be labeled with RF tags or signs. The tower registration number and name, address, and telephone number of the tower owner, and any transfers of ownership shall also be conspicuously posted. The property owner, as well as the tower owner, shall be responsible for any violation of this section or this article.

(d)

General prohibitions.

(1)

No signs, advertisements, banners, or flags shall be allowed on an antenna or tower unless otherwise allowed with the use of stealth structures.

(2)

Antennas shall be prohibited on utility or light poles and shall be placed whenever possible on existing permitted structures.

(e)

Application requirements.

(1)

Each applicant for an antenna and/or tower shall provide to the building official an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Town of Hypoluxo or within one mile of the border thereof, including specific information about the location, height, and design of each tower.

(2)

A copy of any annual report or other documentation required to be submitted to the state or federal government for purposes of monitoring or compliance shall also simultaneously be submitted to the town.

(3)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning and Zoning Board and the Town Council that no reasonable alternative technology exists that can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the town related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

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 microcell 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.

(f)

Multiple users. So as to lessen proliferation, the Town of Hypoluxo encourages the users of towers and antennas to submit a single application for approval of multiple users on a single site. Applications for approval of multiple user sites shall be given priority in the review process. All new or replacement towers should be constructed so as to accommodate at least two cellular providers. Such shared use or collocation shall be allowed only if the tower and all emission sources located thereon comply with FCC requirements. In addition, the following factors shall be considered: RF interference, geographic service area requirements, and mechanical or electrical incompatibilities.

(Ord. No. 97-105, §§ 3, 4, 5, 6, 7, 8, 9, 13, 14, 15, 20, 23, 24, 25, 30, 12-10-97)

(a)

Generally. 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.

(b)

Antennas. The equipment cabinet or structure used in association with antennas shall comply with the following:

(1)

The cabinet or structure shall not contain more than 350 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 or rooftop will not be compromised by the cabinet or structure.

(2)

If the equipment structure is 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.

(Ord. No. 97-105, §§ 29, 31, 12-10-97)

The uses listed in this section are deemed to be permitted uses and shall not require conditional use approval. Antennas or towers located on property owned, leased, or otherwise controlled by the Town of Hypoluxo are a permitted use provided the following:

(a)

That a license or lease authorizing an antenna or tower has been approved by the Town Council.

(b)

That prior to the granting of a building permit for the construction of a tower, a duly noticed and advertised public hearing shall be required by the Town Council. Such due notice and advertisement of said public hearing shall be as provided in section 28-202 of this Code, except that property owner notification shall be to all property owners within 1,000 feet from any part of the subject property on which the tower is located upon. These notice and public hearing requirements shall not pertain to the placement of antennas.

(Ord. No. 97-105, § 16, 12-10-97)

(a)

Generally. The following provisions shall govern the review and approval by the Planning and Zoning Board and the Town Council of conditional use applications for towers or antennas in the town's commercial zoning districts:

(1)

If the tower or antenna is not a permitted use, then conditional use approval for towers and antennas shall be allowed for the construction of a tower or the placement of an antenna only in the commercial zoning districts of the town.

(2)

Applications for conditional use approval under this section shall be subject to the procedures and requirements of the this Code, except as modified in this section.

(3)

In granting a conditional use approval, the Planning and Zoning Board and the Town Council may impose conditions to the extent they conclude such conditions are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties.

(4)

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

(5)

An applicant for a conditional use shall submit the information described in this section and a non-refundable fee as established in the town's fee schedule to reimburse the town for the costs of reviewing and providing legal notice for the application.

(b)

Applications. In addition to any information required for applications for conditional use approval, applicants for a conditional use for a tower/antenna shall submit the following information:

(1)

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, 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 this article.

(2)

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

(3)

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

(4)

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

(5)

A landscape plan showing specific landscape materials.

(6)

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

(7)

A description of compliance with all applicable federal, state or local laws, including all applicable provisions within this Code.

(8)

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

(9)

Identification of the entities providing the backhaul network for the tower(s)/antenna(s) described in the application and other cellular sites owned or operated by the applicant in the town.

(10)

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.

(11)

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

(c)

Standard of review. In addition to any standards for consideration of conditional use applications, the Planning and Zoning Board and the Town Council shall consider the following factors in determining whether to approve a conditional use:

(1)

Height of the proposed tower/antenna;

(2)

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

(3)

Nature of uses on adjacent and nearby properties;

(4)

Surrounding topography;

(5)

Surrounding tree coverage and foliage;

(6)

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

(7)

Proposed ingress and egress;

(8)

Availability of suitable existing towers, antennas, other structures, or alternative technologies not requiring the use of towers or structures; and

(9)

Need for tower to establish or maintain service, including but not limited to propagation studies and any other requested documentation.

(d)

Setback requirements. The following setback requirements shall apply to all towers for which a conditional use is required:

(1)

Towers must be set back a distance equal to at least 110 percent of the height of the tower from any adjoining commercially zoned property lot line.

(2)

Towers must be set back a distance equal to at least 200 percent of the height of the tower from any adjoining residentially zoned property lot line.

(3)

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

(e)

Separation requirements. The following separation requirements shall apply to all towers for which a conditional use approval is required:

(1)

Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting 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, of the proposed tower.

(2)

The separation distances (listed in linear feet) shall be shown as follows:

(f)

Measurement. Measurement of tower setbacks and separation distances shall be calculated and applied in relation to all adjacent facilities whether located inside or outside the boundaries of the Town of Hypoluxo.

(g)

Landscaping requirements. The following requirements shall govern the landscaping surrounding towers for which a conditional use is required:

(1)

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens 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 a continuous four-foot-high hedge at the time of planting and an ultimate height of six feet, and one tree, 12 feet in height at the time of planting, every 25 lineal feet.

(2)

All landscaping shall be kept properly and adequately maintained to the satisfaction of the town.

(3)

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

(h)

Reserved.

(Ord. No. 97-105, § § 11, 17, 18, 19, 21, 22, 26, 27, 12-10-97; Ord. No. 162, § 9, 12-20-06)

Prior to the issuance of a building permit to construct an antenna or tower, or to make substantial modifications or add equipment to same, the owner/applicant shall provide the town with all applicable approvals from 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, the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time, and applicable wind load requirements. If, upon inspection, the building official or his 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.

(Ord. No. 97-105, § 10, 12-10-97)

All owners of towers, antennas, appurtenances, and accessory structures must ensure that they are adequately maintained.

(Ord. No. 97-105, § 28, 12-10-97)

Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of 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 this article.

(Ord. No. 97-105, § 34, 12-10-97)

(a)

Generally. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure; provided, however, that the town may require amortization of the removal of nonconforming towers based upon the zoning district or character of the area.

(b)

Damaged or destroyed towers. Nonconforming towers and antennas that are damaged or destroyed shall be required to meet the applicable requirements as set forth in this Code.

(Ord. No. 97-105, §§ 33, 35, 12-10-97)

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 of receipt of notice from the Town of Hypoluxo notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 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.

(Ord. No. 97-105, § 32, 12-10-97)

Any person may apply for a variance from the terms of this article pursuant to the procedures set forth in section 28-208 of this code.

(Ord. No. 97-105, § 36, 12-10-97)

Any person violating any provision of this article shall be subject to a fine to be determined by the Town Council.

(Ord. No. 97-105, § 37, 12-10-97)