The city commission of the city finds that the development of private communications systems within the city has a positive impact upon the residents and businesses of the area. This article is passed in order to provide incentive for the economic development of those systems, and to provide for method of notification and control of the use of public right-of-ways by private entities, thereby promoting public safety.

(Ord. No. 04-27, § V(10.1), 5-10-04)

(For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein.

Cable communications system means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:

(1)

A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations;

(2)

A facility that serves only subscribers in one (1) or more multiple-unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right-of-way;

(3)

A facility of a common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or

(4)

Any facilities of any electric utility used solely for operating its electric utility systems.

City means the City of Leesburg in Lake County, Florida and all territory within its present and future boundaries and including any area over which the city exercises jurisdiction. The city commission is authority for the city.

Easements means any strip of land for public or private utilities, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right-of-way use designated in the reservation of the servitude. No private communications system may be constructed within the easement without written permit from the city.

Engineering department means the engineering department of the City of Leesburg.

FCC means the Federal Communications Commission or its legally appointed successor.

Franchise means an initial authorization or renewal thereof issued by the city commission, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable communications system or telephone system.

Local access transport area (LATA) means that geographic area and communications system in which the City of Leesburg is located and in which United Telephone of Florida or any subsequent telephone company is authorized by the Florida Public Service Commission to provide local exchange access telecommunications services.

Local telephone service means:

(1)

The access to a local telephone system, and the privilege of telephonic quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system; or

(2)

Any facility or service provided in connection with a service described in paragraph (1).

The term "local telephone service" does not include any service which is a toll telephone service; private communication service; cellular mobile telephone or telecommunication service; specialized mobile radio, or pagers and paging service, including, but not limited to, "beepers" and any other form of mobile and portable one-way or two-way communication; or telephone typewriter or computer exchange service.

Permittee means the person, organization, firm, nonprofit, not for profit, corporation or its legal successor in interest who is issued a telecommunication permit or permits in accordance with the provisions of this article for the erection, construction, reconstruction, operation, dismantling, testing, use, maintenance, repairing, rebuilding or replacing of a private communications system in the city.

Private communications system means any system of communications lines, cables, equipment or facilities, which are used to provide a telephone, video, data, telemetry, intercom or telecommunications service, that in any manner occupies easements, streets, public ways or public places within the city. Private communications system does not include any part of a state or municipally franchised local exchange telephone company or part of a cable communications system or telephone system franchised by the city or any part of a federal, state, county or local government owned communications system, or any part thereof.

Street means the surface of and the space above and below any public street, road, highway, freeway, easement, lane, path, alley, court, sidewalk, parkway, or driveway now or hereafter existing as such within the city.

Telecommunication permit means the privilege granted by the city by which the city authorizes a person to erect, construct, reconstruct, operate, dismantle, test, use, maintain, repair, rebuild and replace a private communications system that occupies the streets, easements, public ways or public places within the city. Any telecommunication permit issued in accordance herewith shall be a nonexclusive permit. Toll telephone service means:

(1)

A telephone quality communication for which there is a toll charge which varies in amount with the distance and elapsed transmission time of each individual communication; or

(2)

A service which entitles the subscriber or user, upon the payment of a periodic charge which is determined as a flat amount, or upon the basis of total elapsed transmission time, to the privilege of an unlimited number of telephonic communications to or from all or a substantial portion of the persons having telephone or radio telephone stations in a specified area which is outside the local telephone system area in which the station provided with this service is located.

Toll telephone service includes interstate and intrastate wide area telephone service charges.

Total gross revenues means all cash, credits, property of any kind or nature or other consideration derived directly or indirectly by a permittee, its affiliates, subsidiaries, parent corporation, and any other person or entity in which the permittee has a financial interest or which has a financial interest in the permittee, arising from or attributable to operation of the private communications system within the city, including revenue from all charges for the installation, connection and reinstatement of equipment necessary for the utilization of the private communications system and any interconnection fees. This sum shall be the basis for computing the fee imposed pursuant to section 14-174 herein below. Such sum shall not include any bad debts, deposits, promotional or vendor discounts or credits nor sales, service, occupation or other excise tax to the extent that such taxes are charged separately from normal service charges and are remitted by the licensee directly to the taxing authority.

(Ord. No. 04-27, § V(10.3), 5-10-04)

(Of communication lines within rights-of-way)

(1)

No person or firm, whether public, private, nonprofit or not for profit, shall construct, operate or continue to operate a private communications system which occupies the streets, easements, public ways and public places within the city without having been issued a telecommunications permit by the director of engineering, or a franchise for telephone, telecommunications service, video distribution system or cable communications system by the city.

(2)

Except as hereinafter provided, it shall be a term and condition of any telecommunication permit issued in accordance herewith that as a part of the consideration supporting the issuance of such telecommunication permit and the city's permission thereby to occupy and use the streets of the city, that the permittee shall pay to the city compensation and license fees as follows:

a.

Nonfranchise private communications system that does not provide services to customers for compensation either directly or indirectly.

1.

All applicants shall pay a one-time permit fee of three hundred dollars ($300.00) when a permit is requested or modifications to the original permit are requested.

2.

For providers of long distance access or long distance service, other than the franchised local exchange carrier, a minimum fee of five hundred dollars ($500.00) per year per cable, or five hundred dollars ($500.00) per year per cable per linear mile, or any portion thereof per mile, whichever is greater, or the maximum allowed by law.

3.

For private communications systems owned by a nonfranchised entity, a minimum of five hundred dollars ($500.00) per year, or five hundred dollars ($500.00) per linear mile, whichever is greater, or any part thereof, per year for systems extending over one (1) mile. In no case shall the annual fee be less than five hundred dollars ($500.00).

b.

Nonfranchise private communications systems that provide services to customers and charge a fee for services either directly or indirectly.

1.

All applicants shall pay a one-time permit fee of three hundred dollars ($300.00) when a permit is requested or modifications to the original permit are requested.

2.

For providers of long distance access or long distance service, other than the franchised local exchange carrier, a minimum fee of five hundred dollars ($500.00) per year per cable, or five hundred dollars ($500.00) per year per cable per linear mile, or any portion thereof per mile, whichever is greater, or the maximum allowed by law.

3.

For private communications systems owned by a nonfranchised entity, a minimum of five hundred dollars ($500.00) per year, or five hundred dollars ($500.00) per linear mile, whichever is greater, or any part thereof, per year for systems extending over one (1) mile. In no case shall the annual fee be less than five hundred dollars ($500.00).

4.

In addition to the fees set out above, nonfranchise entities shall pay quarterly, five (5) percent of the annual total gross revenues from such customers to be calculated on the basis of all revenues derived from transmissions that bypass the local exchange carrier. Revenues derived from transmissions that enter a private communications system through the LATA shall not be part of the total gross revenues for purposes of calculating compensation and license fees.

5.

The annual fees required by subsection (d) above shall be paid quarterly not later than August 1, November 1, February 1, and May 1 for the preceding three-month period ending, respectively, June 30, September 30, December 31, and March 31. Not later than the date of each payment, each permittee shall file with the city manager, or a designee, a written statement signed under penalty of perjury by an officer of the permittee, which identifies in detail the sources and amounts of gross revenues received by a permittee during the quarter for which payment is made. No acceptance of any payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim which the city may have for further or additional sums payable under the provisions of this section. Any fees which remain unpaid after the dates specified in this subsection shall be delinquent and shall thereafter accrue interest at the maximum legal rate until paid. Not less than annually, the permittee shall provide the commission with a certification by an independent certified public accountant or an officer of the permittee certifying the accuracy of the quarterly fee payments paid within the preceding twelve (12) months pursuant to this subsection. Said certification shall be prepared in accordance with generally accepted accounting standards as established by the financial accounting standards commission.

c.

Holders of private communications systems franchise. The holders of a private telecommunications system franchise shall pay the fees as set forth in that franchise.

(3)

Nothing in this section shall be construed to limit the liability of the permittee for applicable federal, state and local taxes. Lines, cables or fiber optics of a private communication system which are placed in a conduit or duct-bank owned by an entity not exempt by law or statute from the provisions of this section shall require a telecommunication permit, unless the franchise, or other authorization by which the exempt entity has the right to place the conduit or duct-bank within the city property, prohibits the application of the permit and fee requirements contained in this section to the lessee of space within the conduit or duct-bank. Lines, cables or fiber optics of a private communications system placed in a conduit or duct-bank owned by another permittee or franchisee shall require a separate telecommunication application and permit, subject to the same requirements and fees as other installations.

(4)

The city may, at its option, adjust this permit fee each year to the extent allowed by law.

(Ord. No. 04-27, § V(10.2), 5-10-04)

(a)

Any telecommunication permit issued by the city in accordance herewith shall be a nonexclusive permit for the use of the easements, streets, public ways or public places within the city as specified in the telecommunication permit for the erection, construction, reconstruction, operation, maintenance, dismantling, testing and use of a private communications system.

(b)

Any telecommunication permit issued by the city shall be for a period of one (1) year, and shall be automatically renewed annually without application unless the permittee or the city give the other party notice of an intent not to renew at least sixty (60) days prior to the permit's expiration.

(c)

In the event any telecommunication permit is not renewed or is revoked, the applicable private communications system shall, at the option of the city, be removed from the streets, public ways and public places at the sole expense of the permittee.

(Ord. No. 04-27, § V(10.3), 5-10-04)

(a)

Any telecommunication permit issued for a private communications system in accordance herewith shall apply only to the location or locations stated on the telecommunication permit or permits. Each permit shall clearly state the location of each end and leg of the private communications system and shall specify the length certified by a registered survey company. All certifications shall be obtained at the expense of the permittee.

(b)

Nothing in this section shall be construed as a representation, promise or guarantee by the city that any other permit or other authorization required under any city ordinance for the construction or installation of a private communications system shall be issued.

(Ord. No. 04-27, § V(10.4), 5-10-04)

(a)

Before commencing construction of its private communications system in, above, over, under, across, through or in any way connected with streets, public ways or public places of the city, the permittee shall first obtain the written approval of, and all other necessary permits from, but not limited to, the zoning department and department of public works. Application for such approval shall be made in the form prescribed by the engineering department.

(b)

Upon obtaining such written approval, the permittee shall give the engineering department and the appropriate agency written notice within a reasonable time of proposed construction, but in no event shall such notice be given less than ten (10) days before such commencement, except for emergency repairs of existing lines or cables.

(c)

Nothing in this section or any permit issued in accordance herewith, shall be construed as authorizing the permittee to erect and maintain new poles in areas serviced by existing poles, if the poles are available for permittee's cable. The permittee shall obtain written approval from the engineering department and other appropriate city agencies before erecting any new poles or underground conduits where none exist.

(d)

Any person who submits a request for a permit in accordance herewith shall include therein proposed agreements for the use of existing utility poles and conduits, if applicable, with the owner(s) of such facilities to be used or affected by the construction of the proposed private communications system, which agreements shall become effective on the date of execution of the permit issued in accordance herewith in the event that such person is issued a permit.

(e)

In the event that permission to use existing poles or conduits cannot be obtained, the permittee shall submit documentation to support the unavailability of existing poles and a detailed plan for construction that insures protection for existing facilities.

(f)

It shall be unlawful for the permittee or any other person to open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place for any purpose whatsoever without obtaining approval to do so after proceeding in the manner prescribed in subsections (a) and (b) hereof.

(g)

The permittee shall restore any street or sidewalk it has disturbed in accordance with the provisions of the city's standard specifications for streets and sidewalks, and shall, at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by or on account of its activities to as good as the condition such property was in immediately prior to the disturbance, damage or injury, or pay the fair market value of such property to its owner or shall make such other repairs or restorations as outlined in the approved permit.

(h)

The permittee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from such street or other public place, any of its property when required to do so by the city because of street or other public excavation, construction, repair, grading or regrading; traffic conditions; installation of sewers, drains, water pipes, city owned power or signal lines, tracts; vacation or relocation of streets or any other type of structure or improvement of a public agency, or any type of improvement necessary for the public health, safety or welfare, or upon termination or expiration of the permit.

(i)

The permittee shall maintain all wires, conduits, cables, and other real and personal property and facilities in good condition, order and repair. The permittee shall provide indemnity insurance and performance bonds or demonstrate financial responsibility as shall comply with all rules and regulations issued by the engineering department governing the construction and installation of private communications systems.

(j)

The permittee shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the city and shall furnish as soon as they are available two (2) complete copies of such maps and records, including as-built drawings, to the engineering department.

(k)

The permittee shall comply with all rules and regulations issued by the engineering department governing the construction and installation of private communications systems.

(Ord. No. 04-27, § V(10.5), 5-10-04)

Any person who shall carry on or conduct any business or occupation or profession for which a permit is required by this section without first obtaining a permit, shall be considered to be in violation of this section and shall be subject to fines and punishment as provided in the City Code for code violations.

(Ord. No. 04-27, § V(10.6), 5-10-04)

A telecommunications permit shall not be sold, assigned or transferred, either in whole or in part, or leased, sublet, or mortgaged in any manner, nor shall title thereto, either legal or equitable or any right, interest or property therein, pass to or vest in any person without the prior written consent of the city commission.

No such consent shall be required for a transfer in trust, mortgage, or other hypothecation as a whole or in part to secure an indebtedness, except when such hypothecation shall exceed fifty (50) percent of the market value of the property used by the permittee in conducting the business of the permittee.

The permittee shall promptly notify the city manager, or a designee, of any proposed change in, or transfer of, or control of the permittee. The word "control" as used herein is not limited to major stockholders but includes actual working control in whatever manner exercised. Every change, transfer, or acquisition of control of the permittee shall make the permit subject to cancellation unless and until the commission shall have consented thereto. An applicant for a permit transfer shall submit a written application to the city manager or designee on application forms provided by the city manager accompanied by required exhibits and a transfer fee established by resolution by the commission.

A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition or accumulation by any person or group of persons of ten (10) percent or more of the voting interest of the permittee.

The consent or approval of the commission to any transfer of the permit shall not constitute a waiver or release of the rights of the city in and to city streets, and any transfer shall by its terms, be expressly subordinate to the terms and conditions of the permit and this article.

(Ord. No. 04-27, § V(10.7), 5-10-04)

(a)

Lines or cables of private communication systems which have been constructed or placed within the city's easements, streets, public ways or public places prior to the date of enactment of this article were installed by virtue of a revocable license. Such lines and cables may remain within the city's easements, streets, public ways or public places provided the private communications systems comply with the provisions of this article and this section thereof.

(b)

Except as hereinafter provided, the provisions of this section shall become effective as to pre-existing private communications systems on December 31, 1993. The private communications systems companies which have facilities within the city streets on the date of enactment of this article shall have until December 31, 1993 to obtain permits for their existing system, and to fully comply with the provisions of this article and this section.

(c)

The applicable fee for lines, cables and fiber optics which were existing within the city streets, public ways and public places on December 31, 1993, shall be prorated over a two-year transitional period. The fee for the first calendar year applicable to the existing lines and cables shall be fifty (50) percent of what otherwise would be due. The fee for the second year shall be seventy-five (75) percent of the actual amount and one hundred (100) percent beginning in year three (3).

(Ord. No. 04-27, § V(10.8), 5-10-04)

When used in this division, the following words shall have the meanings shown:

Alternative support structure shall mean any manmade structure, except towers, including but not limited to buildings, power poles, light poles, clock towers, bell towers, steeples, water towers and the like, which allow for the attachment of antennas.

Antenna shall mean a device for radiating or receiving radio waves, including but not limited to all antennas integrated and used as a single unit, such as an antenna array.

Camouflaged tower shall mean a tower designed to blend unobtrusively into existing surroundings and disguised so as not to have the appearance of a tower. To be considered a camouflaged tower, a tower must be consistent in size and scale with the type of object it is designed to resemble.

Cellular telephone shall refer to communications services using radio waves transmitting in the frequency range of eight hundred (800) to nine hundred (900) megahertz.

Guyed shall refer to a vertical structure anchored by guy wires.

Lattice shall refer to a vertical self-supporting structure, not guyed, with three (3) or more sides consisting of open-frame supports.

Monopole shall refer to a vertical self-supporting structure, not guyed, made of spincast concrete, concrete, steel or similar material, presenting a solid appearance.

PCS shall refer to personal communications services using radio waves transmitting in the frequency range designated for personal communications services by the Federal Communications Commission.

Tower shall mean a structure, greater than thirty-five (35) feet in height (including any antennas attached thereto), which supports one or more antennas, not including however any amateur radio operator's antenna as licensed for that purpose by the Federal Communications Commission.

Wireless communications services shall refer to pagers, cellular telephones, PCS, two-way radio, broadcast and similar technologies, which use antennas or towers to facilitate the transmission of radio signals from one (1) location to another for the purpose of allowing one-or two-way communication of voice or electronic messages where either the sending or receiving units, or both, are free standing and not connected to any system of wires or cables used to transmit such messages.

(Ord. No. 04-27, § V(Art. II), 5-10-04)

Except as hereinafter provided for antennas placed on alternative support structures, all towers, antennas and camouflaged towers shall be located only in the public (P), (I) intuitional, C-3, CIP, PUD or M-1 zoning districts. Any and all towers, antennas and camouflaged towers in these zoning districts must be approved by issuance of a conditional use permit prior to any construction or use thereof. A fee shall be paid for any application for a conditional use permit, as prescribed from time to time by the city commission.

Antennas may be placed on alternative support structures, other than existing city water towers, located in the C-2, C-3, CIP, PUD or M-1 zoning districts, after issuance of a conditional use permit specifically authorizing placement of an antenna on a designated alternative support structure.

Antennas may be placed on existing city water towers, in any zoning classification, without the necessity of a conditional use permit, provided that the city commission approves a lease to the service provider for that purpose by an affirmative vote at a public meeting, at which the lease is placed on the agenda for consideration and approval.

(Ord. No. 04-27, § V(10.9), 5-10-04)

All new towers, antennas, camouflaged towers and alternative support structures shall comply with this division and all other applicable regulations. Those towers, antennas, camouflaged towers and alternative support structures, which were in active use as such prior to the effective date of this division, shall be considered preexisting, nonconforming uses to the extent they do not comply fully with the requirements of this division, and shall be allowed to continue their use and existence as they stand on the effective date of this division. Following the effective date of this division, the following events shall terminate the pre-existing, nonconforming status of the facilities and they shall be required to comply in full with this division: if the facility is abandoned; provided however that in the event a pre-existing, nonconforming use hereunder is damaged or destroyed by fire, windstorm or other casualty, or because of age or other naturally occurring factors, other than neglect or lack of normal maintenance, is in need of replacement, it may be replaced by another tower of the similar type of construction, placed in the same location, and having a height not exceeding the tower being replaced; provided further that additional antennas may be added to a pre-existing, nonconforming tower to the extent that its load bearing capabilities as of the effective date of this division would support those additional antennas, and structural alterations or improvements shall be permitted to a pre-existing, nonconforming tower in order to improve its load bearing capabilities so as to accommodate additional antennas as long as the new location does not create additional nonconformities pertaining to setbacks, height and zoning. A facility shall be conclusively presumed to have been abandoned if it is not used for the provision of wireless communications services for a continuous period of one hundred eighty (180) days or more. If abandonment occurs, the owner of the real property on which the facility is located shall be responsible for the safe and proper dismantling, removal and disposal of the tower, camouflaged tower or antenna. If removal has not been completed within one hundred twenty (120) days after abandonment, the city may, but shall not be required to, enter the property, remove and dispose of the facility at its expense, and impress a lien on the real property for the cost incurred in such removal and disposal which shall be superior in dignity to all other liens or encumbrances against the property other than the lien for ad valorem taxes, and which shall bear interest at the highest rate allowed by law until paid in full. Such lien shall have a duration of twenty (20) years from the date of recording and may be foreclosed at any time during its effective life in the same manner as a real estate mortgage.

(Ord. No. 04-27, § V(10.10), 5-10-04)

All towers and camouflaged towers shall meet the setbacks specified in this section. All setbacks in this division shall be measured from the base of the tower, camouflaged antenna or antenna, or any protruding building or structure at the base thereof (not including guy wires), whichever is closer to the property line or other landmark from which the setback is to be measured. At a minimum, all towers, antennas and camouflaged towers shall be required to meet the setbacks applicable to other structures constructed in the zoning district in which they are located. In any case where there is a conflict between two (2) applicable setback requirements in the zoning district, or between any applicable setback requirement in the zoning district and the setbacks specified in this section, the largest of the applicable setbacks shall take precedence. Specific setbacks applicable to towers, camouflaged towers, and antennas, in addition to the general setback requirements of the zoning district, are as follows:

No tower or camouflaged tower shall be closer to the property line of any adjacent property than a distance equal to one hundred (100) percent of the tower height (including any attached antennas). Whenever any antenna is located on an alternative support structure, all parts of the antenna must be placed behind the building setback line which is applicable to the zoning district in which the alternative support structure is located. Notwithstanding that an alternative support structure may itself not comply with the applicable building setback requirements of the zoning district in which it is located, whether by its status as a nonconforming use, due to a variance, or any other factor, the antenna placed thereon must nonetheless comply with the applicable setbacks.

(Ord. No. 04-27, § V(10.11), 5-10-04)

No tower or camouflaged tower shall be placed closer to another tower or camouflaged tower than as shown below:

(1)

Tower/camouflaged tower over seventy-five (75) feet high—one thousand five hundred (1,500) feet.

(2)

Tower/camouflaged tower seventy-five (75) feet or less in height—seven hundred fifty (750) feet.

(3)

Separation distances between towers or camouflaged towers shall be measured in a straight line from the base of any existing tower, and the base of any proposed tower. Global positioning system ("GPS") coordinates may be used to measure tower separation. The separation requirements of this section shall apply not only to two (2) towers or camouflaged towers located within the municipal limits of Leesburg, but shall also apply with regard to the separation of a tower or camouflaged tower proposed to be constructed within the municipal limits of Leesburg, and any existing tower or camouflaged tower located outside the municipal limits.

(Ord. No. 04-27, § V(10.12), 5-10-04)

A chain link fence, concrete wall or other fence or wall approved by the city manager or his designee, not less than six (6) feet in height from finished grade, shall be constructed around each tower. Access to the tower must be by way of a locked gate. The planning and zoning commission may require in the conditional use permit issued for the tower that the fence or wall be topped with barbed wire or other appropriate safeguards against climbing over the fence, and may prescribed additional conditions regarding fencing to assure that the fence is as visually attractive as possible.

The visual impacts of a tower shall be mitigated by landscaping or other attractive screening materials at the base of the tower and any ancillary structures. The provisions of the landscape ordinance in effect in the city, as it may be amended from time to time, shall apply to towers and their ancillary structures. Additionally, landscaping shall also be installed on the outside of fences and existing vegetation shall be preserved to the greatest extent possible and may be used in meeting landscape requirements. In addition to any other requirements herein or in the landscape ordinance, a row of trees at least six (6) feet tall shall be planted, a maximum of twenty-five (25) feet apart, around the perimeter of the fence, and a continuous hedge of at least thirty (30) inches in height shall be planted in front of the tree line referenced above. All landscaping and trees must be of the evergreen variety.

Camouflaged towers shall be required to meet the regulations imposed by the landscape ordinance of the city as it may be amended from time to time. The planning and zoning commission may, in the conditional use permit issued for any camouflaged tower, specify such additional landscaping or screening as it deems necessary to provide compatibility with surrounding property, and architectural consistency with surrounding property, and to minimize the visual impact of the camouflaged tower on adjacent property.

(Ord. No. 04-27, § V(10.13), 5-10-04)

No tower, or camouflaged tower, including the antenna(s) installed thereon, shall exceed three hundred (300) feet in height from ground level.

No antenna installed on an alternative support structure shall extend to a height greater than twenty (20) feet over the tallest structural portion of the alternative support structure itself.

(Ord. No. 04-27, § V(10.14), 5-10-04)

No tower or camouflaged tower shall be artificially illuminated except to the extent required to assure human safety or as required by the Federal Aviation Administration. Where any property within three hundred (300) feet of the tower or camouflaged tower is zoned as or used for residential purposes, the party constructing the tower shall request approval from the Federal Aviation Administration for dual lighting.

Any tower which is not required by Federal Aviation Administration regulations to bear a particular paint color or pattern shall have either a galvanized finish, or be painted a non-contrasting blue, gray or black finish selected so as to minimize the visibility of the tower and any antenna located thereon.

(Ord. No. 04-27, § V(10.15), 5-10-04)

All towers and camouflaged towers shall be designed and constructed in such a way as to permit and accommodate at least one (1) other provider of wireless communications services. Providers are required, before filing for a conditional use permit for a tower, camouflaged tower or placement of an antenna on an alternative support structure, to investigate the possibility of co-locating such facility on a tower, camouflaged tower or alternative support structure already in use by one (1) or more other providers of service. Each applicant for a conditional use permit for a tower, camouflaged tower or placement of an antenna on an alternative support structure, shall be required to certify in writing, as part of the application process, that it has investigated the possibility of co-location and that there are no towers, camouflaged towers, or alternative support structures reasonably available on which the applicant could co-locate its antenna and reasonably meet its technical and service requirements. Proof that such a certification is inaccurate or misleading in any way, and that there are facilities available on which the applicant could co-locate its antenna and still reasonably meet its technical and service needs, shall be grounds in and of itself for denial of the conditional use permit being sought. Provided that a conditional use permit has been issued for the tower, camouflaged tower or alternative support structure on which the antenna of another service provider will be located, no additional conditional use permit is needed for co-location on the same facility by a different service provider.

(Ord. No. 04-27, § V(10.16), 5-10-04)

The use of any portion of a tower, antenna or camouflaged tower for placement of any sign or advertising or use thereof for any advertising purposes, including without limitation banners, signs, company names, or streamers, is prohibited.

(Ord. No. 04-27, § V(10.17), 5-10-04)