(a)

Interpretation. Certain terms used in this article have been defined in this section. In the absence of definitions, the standard dictionary meaning shall be utilized. In any event, the development review officer shall have the right to interpret the terms contained in this article. In construing the meaning of the article, the following rules shall apply:

(1)

The word "development" shall refer also to "project" and the area in which a project takes place.

(2)

The words "used" or "occupied" shall be construed to include arranged, designed, constructed, altered, converted, rented, leased or intended to be used, intended to be occupied.

(3)

The word "lot" shall refer also to plot, parcel, tract, and premises.

(4)

The word "building" shall refer also to structure, mobile home, dwelling and residence.

(5)

The words "area" and "district" may indicate and include the meaning "zone."

(6)

Except where specified, the provisions of this article shall be construed to mean the minimum standards, requirements and regulations adopted in pursuit of the purposes of this article.

(b)

Definitions. The following words, terms and phrases, when used in this subsection, shall have the meaning ascribed to them in this article, except where the context clearly indicates a different meaning:

Accessory use means a use incidental to, subordinate to, and subservient to the main use of the property.

Antenna means a transmitting and/or receiving device and/or relays used for personal wireless services, that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations.

Guyed tower means a telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors.

Microwave dish antenna means a dish-like antenna used to link personal wireless service sites together by wireless transmission of voice or data.

Monopole tower means a telecommunications tower consisting of a single pole or spire self-supported by a permanent foundation, constructed without guy wires and ground anchors.

Panel antenna means an array of antennas designed to concentrate a radio signal in a particular area.

Self-support/lattice tower means a telecommunications tower that is constructed without guy wires and ground anchors.

Stealth facility means any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screen roof-mounted antennas, antennas integrated into architectural elements, and telecommunications and/or personal wireless services towers designed to look like light poles, power poles or trees.

Telecommunication tower means a guyed, monopole or self-support/lattice tower, constructed as a freestanding structure, containing one or more antennas, used in the provision of personal wireless services, excluding radar towers, amateur radio support structures licensed by the Federal Communications Commission, private home use of satellite dishes and television antennas and satellite earth stations installed in accordance with applicable codes.

Whip antenna means a cylindrical antenna that transmits signals in 360 degrees.

(Ord. No. 708, § 1(7.2), 4-22-1997)

Cross reference— Definitions generally, § 1-2.

The regulations and requirements of this article are intended to:

(1)

Promote the health, safety and general welfare of the citizens by regulating the siting of telecommunications towers;

(2)

Provide for the appropriate location and development of telecommunications towers and antennas within the city;

(3)

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

(4)

Avoid potential damage to adjacent properties from tower failure through engineering careful siting of tower structures;

(5)

Protect residential areas and land uses from potential adverse impacts of telecommunications towers and antennas by maximizing uses of any new or existing telecommunications towers through shared use, i.e., co-location, to reduce the number of towers needed.

(Ord. No. 708, § 1(7.1), 4-22-1997)

(a)

Permitted as accessory use. Freestanding telecommunication towers shall be permitted as an accessory use in the following zoning districts:

(1)

S-1, recreation and open space district greater than 1.25 acres. On property owned by the city, the city shall authorize the application and use of city property 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 can meet the criteria set forth in this article.

(2)

CF, community facility district. On property owned by the city, the city shall authorize the application and use of city property 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 can meet the criteria set forth herein.

(b)

Exceptions. The location of a new telecommunications tower in any nonresidential zoning district other than those districts specified in this section must be approved as a special land use and be proposed as a stealth facility or a monopole.

(c)

Minimum standards. Except where a special land use is granted, every telecommunications tower must meet the following minimum standards:

(1)

Site development plan. Prior to the issuance of a building permit by the building department, a site development plan shall be presented for approval to the building department. Each application for a proposed telecommunications tower shall be filed by a registrant and shall include all requirements for site development plan approval as required by article II, division 4, of this chapter. The development review officer may waive all or some of these provisions for stealth towers which are designed to emulate existing structures already on the site, including but not limited to light standards or power poles.

(2)

Statement of tower capacity. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the state, which through rational engineering analysis certified the tower's compliance with applicable standards as set forth in the South Florida Building Code, 1996 Broward County Edition, and any associated regulations; and describes the tower's capacity, including an example of the number and type of antennas it can accommodate. No tower shall be permitted to exceed its loading capacity. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the tower. All towers shall have the capacity to permit multiple users. At a minimum monopole towers shall accommodate two users and self-support/lattice or guyed towers shall, at a minimum accommodate three users.

(3)

Height/setbacks and related location requirements. Height/setbacks and related location requirements shall be as follows:

a.

Telecommunication towers shall not exceed 150 feet. Tower height shall be measured from the crown of the road of the nearest public street.

b.

Telecommunication towers shall conform with the setbacks established for the underlying zoning district.

c.

Monopole, lattice or guyed telecommunication towers shall not be permitted within 100 feet of any residential district.

d.

Monopole, lattice or guyed telecommunication towers shall not be located within 750 feet of any existing monopole, lattice or guyed telecommunications tower.

e.

All buildings and other structures to be located on the same property as a telecommunications tower shall conform with the setbacks established for the underlying zoning district.

f.

Any deviations requested from the requirements in subsections (c)(3)a through e of this section shall be handled as a variance.

(4)

Aircraft hazard. Prior to the issuance of a building permit by the building department, the applicant shall provide evidence that the telecommunication towers or antennas are in compliance with Federal Aviation Administration regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required.

(5)

Approval required from other governmental agencies. Each application for a telecommunications tower may be required to include written approval or a statement of no objection from other federal or state agencies that may regulate telecommunications towers siting, design, and construction.

(6)

Federal Communications Commission emissions standards. All proposed telecommunication towers shall comply with current radio frequency emissions standards of the Federal Communications Commission.

(7)

Buffering. Buffering of telecommunication towers shall be as follows:

a.

An eight-foot fence or wall constructed in accordance with the Florida Building Code, and Broward County Administrative Provisions, as may be amended from time to time, as measured from the finished grade of the site, shall be required around the base of any lattice tower and may be required around any accessory buildings or structures.

b.

Landscaping, consistent with the requirements of article IV, division 7, of this chapter shall be installed around the entire perimeter of any fence or wall. Additional landscaping may be required around the perimeter of a fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties. The city may require landscaping in excess of the requirements of this Code in order to enhance compatibility with adjacent residential and nonresidential land uses. Landscaping shall be installed on the outside of the perimeter fence or wall.

c.

Landscaping consistent with perimeter and on-site requirements of article IV, division 7, of this chapter shall be installed around any accessory buildings of structures.

(8)

High voltage and "No Trespassing" warning signs. High voltage and "No Trespassing" warning signs shall be as follows:

a.

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 and shall be placed no more than 40 feet apart.

b.

"NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and shall be placed no more than 40 feet apart.

c.

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

d.

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

(9)

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

(10)

Removal of abandoned or unused facilities. A registrant who has determined to discontinue its operations or part of its operations in the city must either:

a.

Remove abandoned or unused telecommunication tower facilities within 180 days of the cessation of use;

b.

Provide information satisfactory to the development review officer that the registrant's obligations for its equipment in the right-of-way or public easement or private property under this article have been lawfully assumed by another registrant; or

c.

Submit to the development review officer a proposal and instruments for transferring ownership of its equipment to the city. If a registrant proceeds under this clause, the city may, at its option:

1.

Assume ownership of the equipment with a $10.00 nominal consideration;

2.

Require the registrant, at its own expense, to remove it;

3.

Require the registrant to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the equipment.

Equipment of a registrant who fails to comply with the subsection (c)(10) of this section and which, for one year, remains unused shall be deemed to be abandoned. Abandoned equipment is deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to (i) abating the nuisance, (ii) taking possession of the equipment and restoring it to a useable condition, or (iii) requiring removal of the equipment by the registrant or by the registrant's surety under the bond required by subsection 42-593(c)(10)c.3. Telecommunication towers being utilized for other purposes, including but not limited to light standards and power poles, may be exempt from this provision.

(11)

Signs and advertising. The use of any portion of a tower for signs or advertising purposes, including company name, banners, streamers, etc. shall be strictly prohibited.

(12)

Accessory buildings or structures. All accessory buildings or structures shall meet all building design standards as listed in this Code, and in accordance with the provisions of the Florida Building Code, and Broward County Administrative Provisions, as may be amended from time to time. All accessory buildings or structures shall require a building permit issued by the building department.

(13)

Colors. Except where superseded by the requirements of other county, state or federal regulatory agencies possessing jurisdiction over telecommunications towers, telecommunications towers shall be painted or constructed in neutral colors, designed to blend into the surrounding environment such as noncontrasting gray.

(14)

Noninterference. Each application to allow construction of a telecommunications tower shall include a certified statement that the construction and placement of the tower, will not unnecessarily interfere with public safety communications and the usual and customary transmission or reception of radio and television service enjoyed by adjacent residential and nonresidential properties. A statement shall be prepared by a registered engineer identifying any interference that may result from the proposed construction and placement.

(d)

Inspection/review fee schedule. The inspection/review fee schedule shall be as follows:

(1)

Telecommunications tower owners shall submit a report and pay an appropriate fee to the city building department certifying structural and electrical integrity on the following schedule:

a.

Monopole towers—at least once every five years;

b.

Self-support/lattice towers—at least once every two years; and

c.

Guyed towers—at least once every two years.

(2)

Inspections shall be conducted by an engineer licensed to practice in the state. The results of such inspections shall be provided to the building department. Based upon the results of an inspection, the building official may require repair or removal of a telecommunications tower.

(3)

The building department may require periodic inspections, with the cost of such inspection paid by the tower owner, of telecommunications towers to ensure structural and electrical integrity. The owner of the telecommunications tower may be required by the city to have more frequent inspections should there be reason to believe that the structural and electrical integrity of the tower is jeopardized (with a maximum of one inspection per year).

(e)

Variance. Construction of any tower type other than stealth and monopole, including but not limited to lattice and guyed towers, shall require a variance.

(f)

Fees. Fees for tower placement and use including antennae installation will be determined by separate resolution.

(g)

Public land or right-or-way lease agreements. Public land or right-of-way lease agreements will be established by separate instrument.

(Ord. No. 708, § 1(7.3), 4-22-1997; Ord. No. 2002-0812, §§ 13, 14, 6-11-2002)

(a)

Permitted antennas. Antennas shall be permitted as follows:

(1)

Stealth rooftop or building mounted antennas not exceeding 20 feet above roofline and not exceeding ten feet above maximum height of applicable zoning district shall be permitted as an accessory use in the following zoning districts:

a.

B-2A planned business districts.

b.

B-3A special business districts.

c.

CF community facility.

d.

S-1 parks and recreation.

(2)

Nonstealth rooftop or building mounted antennas shall only be permitted not exceeding ten feet above roofline of the subject building and not exceeding the maximum height of the applicable zoning district as a special land use as an accessory use in the following zoning districts subject to the procedure and requirements provided elsewhere in this chapter:

a.

B-2A planned business districts.

b.

B-3A special business districts.

c.

CF community facility.

d.

S-1 parks and recreation.

(b)

Minimum standards. Building or rooftop antennas shall be subject to the following minimum standards:

(1)

Building rooftop stealth antennas shall be subject to the following standards:

a.

No commercial advertising shall be allowed on an antenna;

b.

No signals, lights, or illumination shall be permitted on an antenna, unless required by the Federal Communications Commission or the Federal Aviation Administration;

c.

Any related unmanned equipment building shall not contain more than 750 square feet of gross floor area or be more than 12 feet in height; and

d.

If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than 25 percent of the roof area; and

e.

Subject to administrative approval for consistency with the definition of stealth facility. Each application shall contain a rendering or photograph of the antenna including, but not limited to, colors and screening devices.

(2)

Building rooftop nonstealth antennas shall be subject to the following minimum standards:

a.

Antennas may not extend more than ten feet above highest point of a roof. Stealth antennas attached to but not above rooftop structures shall be exempt from this provision. Antennas may exceed 20 feet above the roof in the S-1 district if public safety needs warrant additional height;

b.

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;

c.

No commercial advertising shall be allowed on an antenna;

d.

No signals, lights, or illumination shall be permitted on an antenna, unless required by the Federal Communications Commission or the Federal Aviation Administration;

e.

Any related unmanned equipment building shall not contain more than 750 square feet of gross floor area or be more than 12 feet in height; and

f.

If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than 25 percent of the roof area.

(c)

Antenna types. To minimize adverse visual impacts, stealth antenna types shall be preferred. If a nonstealth antenna is proposed, the application shall be required to demonstrate, in a technical manner acceptable to administration, why the stealth antenna cannot be used for the particular application. This does not preclude a combination of the various types of antenna.

(d)

Antenna dimensions. Antenna dimensions shall be approved by the development review official as required by existing technology. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the state, to certify the need for the required dimensions.

(e)

Aircraft hazard. Prior to the issuance of a building permit by the building department, the application shall provide evidence that the telecommunications towers or antennas are in compliance with the Federal Aviation Administration regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required.

(f)

Exceptions. The location of a new antenna in any zoning district other than those districts specified in this section shall be prohibited unless approved as a variance.

(g)

Fees. Fees for antennae installation whether on public or private property will be determined by separate resolution. Public land or right-of-way lease agreements will be established by separate instrument.

(Ord. No. 708, § 1(7.4), 4-22-1997)

(a)

Notwithstanding any other provision of this article, to minimize adverse visual impacts associated with the proliferation and clustering of telecommunications towers, co-location of facilities on existing or new towers shall be encouraged by:

(1)

Issuing permits to qualified shared facilities at locations where it appears there may be more demand for towers than the property can reasonably accommodate; or

(2)

Giving preference to qualified shared facilities over other facilities in authorizing use at particular locations.

(b)

For a facility to become a "qualified shared facility," the facility owner must show that:

(1)

The facility is appropriately designed for sharing; and

(2)

The facility is prepared to offer adequate space on the facility to others on fair and reasonable, nondiscriminatory terms.

(c)

To satisfy the requirements of subsection (b)(1) of this section, the facility owner must submit a written evaluation of the structural capacity of the tower.

(d)

The requirements of subsection (b)(2) of this section will be deemed to have been met by the submission of an affidavit by the facility owner attesting to the execution of an agreement to authorize the collocation of an antenna or other similar telecommunications device.

(e)

Co-location of communication antennas by more than one provider on existing or new telecommunication towers shall take precedence over the construction of new single use telecommunication towers. Accordingly, each application for a telecommunications tower shall include the following:

(1)

A written evaluation of the feasibility of sharing telecommunications towers, if an appropriate telecommunications tower or towers is/are advisable. The evaluation shall analyze one or more of the following factors:

a.

Structural capacity of the tower or towers;

b.

Radio frequency interference;

c.

Geographical service area requirements;

d.

Mechanical or electrical incompatibility;

e.

Inability or ability to locate equipment on the tower or towers;

f.

Availability of towers for co-location;

g.

Any restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the tower;

h.

Additional information requested by the city.

(2)

The city may deny any application if an available co-location is feasible and the application is not for such co-location.

(f)

A telecommunications tower that is determined to be inappropriate for sharing shall be assumed to be inappropriate for sharing the same types of facilities in the future. Such towers shall not need be evaluated in the future regarding sharing with the same type of facility for which it has been determined to be inappropriate. The building department shall retain a list of such towers and will provide a copy of the list to all potential applicants. The city may require additional sharing feasibility evaluations if warranted by changes in technology.

(g)

For any telecommunications tower approved for shared use, the owner of the tower shall provide notice of the location of the telecommunications tower and the tower's load capacity to all other providers.

(h)

Fees for antennae installation whether on public or private property will be determined by separate resolution. Co-location will be encouraged. Public land or right-of-way lease agreements will be established by separate instrument.

(Ord. No. 708, § 1(7.5), 4-22-1997)

The city shall act promptly on any application submitted in accordance with the provisions of this article. The reasons for rejecting any application filed under these provisions shall be explained and set forth in writing. The rejection of an application under this article does not prevent a person from filing an application for a special land use in accordance with applicable law.

(Ord. No. 708, § 1(7.6), 4-22-1997)