The Telecommunications Act of 1996 affirmed the City of Mascotte's authority concerning the placement, construction and modification of Wireless Telecommunications Facilities. The City finds that Wireless Telecommunications Facilities may pose significant concerns to the health, safety, public welfare, character and environment of the City of Mascotte (City) and its inhabitants. The City also recognizes that facilitating the development of wireless service technology can be an economic development asset to the City and of significant benefit to the City and its residents. In order to insure that the placement, construction or modification of Wireless Telecommunications Facilities is consistent with the City's land use and zoning policies, the City is adopting a single, comprehensive, Wireless Telecommunications Facilities application and permit process. The intent of this Article is to minimize the impact of Wireless Telecommunications Facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of the visual and environmental impacts of such facilities, ensure that the public continues to receive reliable wireless services pursuant to federal law, and protect the health, safety and welfare of the residents and visitors of the City.

(Ord. No. 2012-08-508, § 6, 9-6-12)

This Ordinance shall be known and cited as the "Tall Structures and Wireless Telecommunications Facilities Siting Ordinance" for the City.

(Ord. No. 2012-08-508, § 6, 9-6-12)

A.

If any word, phrase, sentence, part, section, subsection, or other portion of this Article or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed Application thereof, shall be severable, and the remaining provisions of this Article, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.

B.

Any Conditional Use Permit issued under this Article shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the City Council.

(Ord. No. 2012-08-508, § 6, 9-6-12)

For purposes of this Article, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory.

"Accessory Facility or Structure" means an accessory facility or structure serving or being used in conjunction with Wireless Telecommunications Facilities, and located on the same property or lot as the Wireless Telecommunications Facilities, including but not limited to, utility or transmission equipment storage sheds or cabinets.

"Antenna" means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.

"Applicant" means any Wireless service provider submitting an Application for a Conditional Use Permit for Wireless Telecommunications Facilities or an Application to modify such facility.

"Application" means all required, necessary and appropriate information and documentation that is able to be verified by the City or its delegate as truthful and accurate that an Applicant submits in order to receive a Conditional Use Permit or other appropriate authorization to construct a Wireless Telecommunications Facility or to modify such facility.

"City" means the City of Mascotte, Florida.

"Co-location" means the situation when a second or subsequent wireless provider uses an existing structure to locate a second or subsequent antenna, including the ground, platform or roof installation of equipment enclosures, cabinets or buildings, and cables, brackets and other equipment associated with the location and operation of the antennas. An application for a Colocation shall be subject to the requirements of this Article, but, in compliance with F.S. § 365.172(12), and federal law, may be subject to only a limited administrative review without a public hearing, and a review for compliance with applicable requirements of the Florida Building Code.

"Commercial Impracticability" or "Commercially Impracticable" means the inability to perform an act on terms that are: i) reasonable in commerce; ii) the cause or occurrence of which could not have been reasonably anticipated or foreseen; and iii) that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be "commercial impracticable" and shall not render an act or the terms of an agreement "commercially impracticable."

"Completed Application" or "Complete" or "Completeness" means an Application that contains all information and/or data required by this Article and necessary to enable an informed decision to be made with respect to an Application and that such information has been verified by the City as truthful and accurate and that no money is owed the City.

"Conditional Use Permit" means the development order issued by the City by which an Applicant is allowed to file for a building permit to construct or modify and use a Wireless Telecommunications Facility as granted or issued by the City.

"Council" means the City Council of Mascotte, Florida.

"DAS" or "Distributive Access System" means a technique using antenna combining allowing for multiple carriers or Wireless Service Providers to use the same set of antennas and base station. DAS is a technique used to site Wireless Facilities with a minimum visual impact, not a technology.

"FAA" means the Federal Aviation Administration, or its duly designated and authorized successor agency.

Fall Zone means the area on the ground within a prescribed radius from the base of a Wireless Telecommunications Facility. The Fall Zone is the area within which there is a reasonable probability of a potential hazard from falling debris or from the collapse of the structure.

"FCC" means the Federal Communications Council, or its duly designated and authorized successor agency.

"Height," when referring to a Tower or structure, means the distance measured from the pre-existing grade level to the highest point on the, Tower or Tall structure, even if said highest point is an Antenna or lightening protection device.

"Modification" or "Modify" means the addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or change-out of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a Telecommunications Tower or Telecommunications Site as a co-location is a modification. A Modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without adding, removing or changing anything.

"Need" or "Necessary" means anything that is technically required for the wireless service to be provided primarily and essentially within the City and creates the least physical and visual impact. This does not necessarily mean the internal design standards of the applicant, as companies' standards can vary greatly and normally reflect preferences. Rather, "Need" relates to the ability of the user-equipment to function as designed.

"NIER" means Non-Ionizing Electromagnetic Radiation.

"Person" means any individual, corporation, estate, trust, partnership, joint stock company, association of two (2) or more persons having a joint common interest, or any other entity.

"Personal Wireless Facility." See definition for "Wireless Telecommunications Facilities."

"Personal Wireless Services" or "PWS" or "Personal Telecommunications Service" or "PTS" shall have the same meaning as defined and used in the 1996 Telecommunications Act.

"Profile" refers to the physical dimensions of a Wireless Telecommunications Facility, as viewed from all directions surrounding the Facility.

"Relief" or "Waiver" means a request to allow something not allowed in this Article or to allow a lesser or less stringent requirement than is contained in this Article or to follow a procedure that is different than is contained in this Article.

"Repairs and/or Maintenance" means the replacement or repair of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted. An upgrade or modification of technology is neither Repair nor Maintenance.

"State" means the State of Florida.

"Stealth" or "Camouflage" as a verb means to disguise a tower or wireless telecommunications facility so as to make it less visually obtrusive and not recognizable to the average person as a wireless telecommunications facility.

"Stealth" or "Stealth Technology" or "Camouflage" means the design of a Wireless Telecommunications Facility, in whole or in part, so as to minimize adverse aesthetic and visual impacts on the land, property, buildings and other facilities adjacent to, surrounding, and in generally the same area as the requested location of a Wireless Telecommunications Facility, which shall mean using the least visually and physically intrusive type of facility or siting technique that is not technologically or commercially impracticable under the facts and circumstances. A Stealth technique expressly includes such technology as DAS or its functional equivalent.

"Telecommunication Site." See definition for Wireless Telecommunications Facilities.

"Telecommunications" means the transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and/or other electronic or electromagnetic means.

"Telecommunications Structure" means a structure used in the provision of services described in the definition of Wireless Telecommunications Facilities.

"Temporary" means in relation to all aspects and components of this Article, something intended to, or that does, exist for fewer than ninety (90) days.

"Tower" means any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.

"Wireless Telecommunications Facility" or "Facility" means and includes a "Telecommunications Site" "Personal Wireless Facility" or any functional equivalent thereof means a structure, facility or location designed, or intended to be used as or to support Antennas or other transmitting or receiving devices. This includes without limit, Towers of all types, kinds and styles, and structures, including, but not limited to, buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for Antennas or the functional equivalent of such. It further includes all related facilities and equipment such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, SMR, paging, 911, Personal Communications Services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunication service whether licensed or not licensed by the FCC.

(Ord. No. 2012-08-508, § 6, 9-6-12)

In order to ensure that the placement, construction, and modification of Wireless Telecommunications Facilities protects the City's health, safety, public welfare, environmental features, the nature and character of the community and neighborhood and other aspects of the quality of life specifically listed elsewhere in this Article, the City hereby adopts an overall policy with respect to a Conditional Use Permit for Wireless Telecommunications Facilities for the express purpose of achieving the following goals:

A.

Requiring a Conditional Use Permit for any new, co-location, upgrade or modification of a Wireless Telecommunications Facility.

B.

Implementing an Application process for person(s) seeking a Conditional Use Permit for Wireless Telecommunications Facilities.

C.

Establishing a policy for reviewing, examining and analyzing an application and issuing a Conditional Use Permit for Wireless Telecommunications Facilities that is both fair and consistent.

D.

Promoting and encouraging wherever possible, the sharing and/or co-location of Wireless Telecommunications Facilities among service providers and the use of Stealth or Camouflage siting techniques.

E.

Requiring, promoting and encouraging, wherever possible, the placement, height and quantity of Wireless Telecommunications Facilities in such a manner, including but not limited to the use of Stealth or Camouflage siting techniques, to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such Wireless Telecommunications Facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.

F.

In granting a Conditional Use Permit, the City has found that the facility shall be the most appropriate site as regards being the least visually intrusive among those available in the City.

(Ord. No. 2012-08-508, § 6, 9-6-12)

A.

Exclusions. Notwithstanding anything to the contrary in this Article no Conditional Use Permit shall be required for those non-commercial exclusions noted in Section 10.7, unless deemed in the public interest by the City.

B.

Existing legally permitted Wireless Telecommunications Facilities. If constructed as required by permit, all legally permitted Wireless Telecommunications Facilities that existed on or before the effective date of this Article shall be allowed to continue as they presently exist, provided, however, that any modification of an existing Wireless Telecommunications Facility will require the complete facility, including the tower if applicable, and any new installation, to comply with this Article, as will anything changing the structural load, and that any situation found to be non-compliant with the latest version of EIA/TIA 222 - Annex E as regarding the physical condition of a tower must be brought into compliance and compliance verified before any modification of the overall Facility or attachment to or portion thereof is made or will be allowed to be made.

C.

Repair and maintenance. Any Repair and Maintenance of a Wireless Facility does not require an application for a Conditional Use Permit. However, no additional construction or site modification will be considered Repair and Maintenance and no such additional construction or site modification shall be allowed without having obtained the proper permit or authorization, including but not limited to a Conditional Use Permit or other zoning authorization, building permit or electrical permit.

D.

Administrative approval of co-location and shared use. The co-location and/or shared use of antennas on existing telecommunication towers or other tall structures or compatible use structures, such as utility poles, water towers, and other towers, shall be excluded from the Public Hearing requirement otherwise required, and shall be subject only to an administrative review process by the City Manager or designees. However, a collocation on or modification of an existing Wireless Facility which increases the height of the existing structure, substantially increases the compound (ground cover) or size of a leasehold area, or changes the profile may be subject to a public hearing, pursuant to F.S. § 365.172(12), and federal law.

E.

Amateur radio towers. Amateur radio operators licensed by the FCC shall not be required to apply for a conditional use permit to construct and operate a Telecommunications Facility. However, operators shall make application to construct, operate, or modify amateur radio towers under the provisions set forth in Section 10.9 herein.

(Ord. No. 2012-08-508, § 6, 9-6-12)

The following shall be excluded from this Article:

A.

Over-the-Air reception Devices including the reception antennas for direct broadcast satellites (DBS), multi-channel multipoint distribution (wireless cable) providers (MMDS) receive-only equipment mounted on subscriber property that is below ambient tree height, television broadcast station receive antennas (TVBS) and other customer-end antennas that are primarily used for reception, but not including microwave dishes.

B.

Facilities used exclusively for providing unlicensed spread spectrum technologies, such as IEEE 802.11a, b, g services (e.g., Internet Access Hot spots and Bluetooth) where the facility does not require a new tower, does not extend more than three (3) feet above the point of attachment to a roof and is not generally intended to be useable for more than one hundred (100) feet from the facility.

C.

Construction, placement, and/or maintenance of communications facilities and infrastructure within public rights-of-way which is regulated by Chapter 16, Article IV, "Communications Facilities in Public Rights-of-Way," of the Mascotte City Code.

(Ord. No. 2012-08-508, § 6, 9-6-12; Ord. No. 2018-05-580, § 4, 5-1-18)

A.

The criteria set forth in this section shall apply to Wireless Telecommunications Facilities. Section 4.12 of the Land Development Code shall not apply.

B.

No Person shall be permitted to site, place, build, construct, upgrade, modify or prepare any site for the placement or use of a Wireless Telecommunications Facility within the control of the City's Police Powers as of the effective date of this Article without having first obtained a Conditional Use Permit for a Wireless Telecommunications Facility as defined in this Article or an administratively granted authorization granted under this Article, whichever is applicable. All Applicants for a Conditional Use Permit for Wireless Telecommunications Facilities or any modification of such facility shall comply with the requirements set forth in this Article. The City Council is the officially designated agency or body of the City to whom applications for a Conditional Use Permit for Wireless Telecommunications Facilities must be made, and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting or revoking conditional use permits for Wireless Telecommunications Facilities. The City may at its discretion delegate or designate the City Manager or other official agencies or officials of the City or expert consultants to accept, review, analyze, evaluate and make recommendations to the City Council with respect to the granting or not granting or revoking Conditional Use Permits for Wireless Telecommunications Facilities.

C.

An application to increase the height of a Tower or other structure shall be deemed a new tower and shall not qualify for treatment as an attachment to an existing Tower or other structure under this Section.

D.

An application to co-locate on an existing structure shall comply with the Florida Building Code and shall be subject to administrative review for compliance with F.S. § 365.172(12), and federal law.

E.

In addition to submitting a deposit for expert assistance fees prior to the pre-application meeting, as set forth in Section 10.16 of this Code, no application shall be accepted and reviewed without the required application (flat) fee being submitted. Non-refundable application fees for a new Tower shall be set by Resolution. The City Manager or designee shall review the application for consistency with the City's comprehensive plan, and, if required, compatibility of a proposed new tower with the surrounding neighborhood. Non-refundable application fees to attach equipment to another structure or, for co-locaters, to determine compliance with F.S. § 365.172(12), and federal law, including administrative appeal fees, shall be set by Resolution. All applications for wireless telecommunications facilities and co-locations for such facilities shall be required to pay applicable building permit fees imposed by the City under the authority of the Florida Building Code.

F.

No Wireless Telecommunications Facilities shall be installed, constructed or modified until the Application is reviewed and approved by the City, and the Conditional Use Permit or Building Permit as appropriate has been issued.

G.

Any and all representations made by the Applicant to the City by or on behalf of an applicant during the Application process, whether written or verbal, shall be deemed a part of the Application and will be deemed to have been relied upon in good faith by the City. Any verbal misrepresentation shall be treated as if it were made in writing.

H.

An Application for a Conditional Use Permit for Wireless Telecommunications Facilities shall be signed on behalf of the Applicant by the person preparing the same and with knowledge of the contents and representations made therein and shall contain an attestation as to the truth and completeness of the information.

I.

The Applicant must provide documentation to verify it has the right to proceed as proposed on the Site. This requires an executed copy of the unredacted lease with the landowner or landlord or a signed letter of agency acknowledging authorization. If the applicant owns the site, a copy of the ownership record is required. If the application involves attaching to a tower, an unredacted copy of the attachment agreement shall be provided.

J.

The Applicant shall include a statement in writing:

1.

That the applicant's entire proposed Wireless Telecommunications Facility shall be maintained in a safe manner, and in compliance with all conditions of any applicable permit(s) granted by the City without exception, unless specifically granted relief by the City in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable City, State and Federal Laws, rules, and regulations and that the owner of the structure accepts responsibility for such; and

2.

That the construction of the Wireless Telecommunications Facilities is legally permissible, including, but not limited to the fact that the Applicant is authorized to do business in the State and the City.

K.

Where a certification of technical information is called for in this Article, such certification shall bear the signature and seal of a Professional Engineer licensed in the State.

L.

All design materials shall be signed and bear the seal of a licensed Professional Engineer with a valid license issued from the State. However, if no original design work is involved in the review and/or analysis of such design information, it shall not be necessary for a reviewing party to possess a Professional Engineering license issued by the State. A valid Professional Engineering license from another state shall be acceptable for review and analysis purposes as relates to technical design materials.

M.

In addition to all other required information as stated in this Article, all applications for the construction or installation of new Wireless Telecommunications Facilities or the modification of an existing facility shall contain the information hereinafter set forth. Note that an Applicant will be granted permission for anything that it can conclusively prove the technical need for, but there is often a significant difference between "need" and "want" or "desire." An assertion that the need is based on an Applicant's own design criteria shall not suffice to prove the technological need for what is requested. For purposes of permitting under this Article, "Need" shall mean what is technologically necessary for the equipment to function as designed by the manufacturer and that anything less will result in prohibiting or acting in a manner that prohibits the provision of service.

1.

Proof of Need for the Facility.

a.

A detailed narrative description and explanation of the specific objective(s) for the new facility, or the modification of an existing wireless facility, expressly including and explaining the purpose and need for the facility, such as coverage and/or capacity Needs or requirements, and identifying the specific geographic area of intended coverage;

b.

Technical documentation shall be provided that proves the Need for the Wireless Telecommunications Facility to provide service primarily and essentially within the City of Mascotte. Such documentation shall include a propagation study and map(s) of the proposed site and all adjoining existing and proposed sites that demonstrates a significant gap in coverage and/or, if a capacity issue is involved, to include an analysis of the current and projected usage (traffic studies) using generally accepted industry methods and standards so as to provide clear and convincing evidence of the need for what is proposed, e.g., an Erlang study or other specific data as necessary and appropriate as directed by the City. A desire to change, upgrade, or improve the technology or the service shall not be deemed a Need in the context of this Article;

c.

All of the modeling information (i.e., data) inputted into the software used to produce propagation studies, including, but not limited to, any and all default settings and assumptions made in producing any propagation maps, certified as being the information actually used to produce the evidence of Need;

d.

A copy of any FCC license applicable to the intended use of the Applicant, as well as a copy of the five (5) and ten (10) year build-out plan required by and filed with the FCC;

e.

The frequency, modulation and class of service of radio or other transmitting equipment;

f.

The maximum transmission power capability of all radios intended to be used, if the Applicant is a cellular or functional equivalent carrier, or the maximum transmission power capability of all transmission facilities if the Applicant is not a cellular or functional equivalent carrier;

g.

The gain of all amplifiers used on the transmission or receipt of information;

h.

The actual intended transmission power stated as the maximum effective radiated power (ERP) both in dBm's and watts;

i.

A signed certification that the information shown as being used in the production of any study(s) related to the purpose and Need for what is being requested is what was actually used to produce the study(s); and

j.

If the Applicant proposes to place a wireless communication facility in a residential area or zoning district, Applicant must prove by competent substantial evidence that: (i) prohibiting the facility in the residential area or zoning district will result in the prohibition of personal wireless services by the Applicant to that area or district; (ii) there is no alternative to the proposed facility in providing service; and (iii) the Applicant cannot reasonably provide its service to the residential area or zone from outside the residential area or district. If the Applicant proves by competent substantial evidence that its service is necessary under this subsection, the City shall cooperate with the Applicant to determine an appropriate location and design within the residential area or district. The Applicant shall be required to pay all costs, including without limitation experts' and consultants' fees, for this cooperative endeavor. A cooperative determination shall be separate from and in addition to processing and application fees and shall be set by Resolution.

2.

Required Ownership and Management Information.

a.

The name, email address, address and phone number of the person preparing the Application;

b.

The address, email address, and phone number of: i) the Applicant's business office responsible for the Application; and ii) the name, address and phone number for the entity responsible for the oversight of the construction of the facility, but not the contractor; and iii) the name, address and phone number of the office responsible for the on-going maintenance and administration of the Facility;

c.

The names, addresses, email addresses, and phone numbers of both the property owner and the Applicant, including the legal name of the property owner and the Applicant. If the owner of the structure is different than the Applicant, the name and all necessary contact information shall be provided;

d.

The Postal address and tax map parcel number of the property;

e.

A copy of the FCC license applicable for the intended use of the Applicant's Facility.

3.

Required Zoning and Planning Information.

a.

The Zoning District and Land Use designation in which the property is situated;

b.

The size of the property on which the structure to be attached to is located, stated both in square feet and lot line dimensions, and a valid survey showing the location of all lot lines;

c.

The location, size and height of all existing and proposed structures on the property on which the structure is located and that is the subject of the Application;

d.

If attaching to an existing Tower or other structure and increasing the height of the tower or other structure and/or increasing the size of the profile of any mounted equipment, and/or the increasing the size of the leasehold area or any compound associated with the site, a site plan showing the vertical rendition of the Tower or other structure that identifies all users and attachments to the Tower or other structure and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting;

e.

If attaching to a building or other structure and thereby increasing the height of the structure and/or the size of the profile of any mounted equipment, a site plan showing the proposed attachments and all related fixtures, structures, appurtenances and apparatus, including height above the roof or balustrade of a building, whichever is appropriate;

f.

The azimuth, size and centerline height location of all proposed and existing antennas on the supporting structure;

g.

The number, type and model of the Antenna(s) proposed, along with a copy of the specification sheet(s) for the antennas;

h.

The type, locations and dimensions of all proposed and existing landscaping, and fencing;

i.

The number, type and design of the Telecommunication Tower(s) and Antenna(s) proposed and the basis for the calculations of the Telecommunication Tower's capacity to accommodate multiple users;

j.

The applicant shall disclose in writing any agreement in existence prior to submission of the Application that would limit or preclude the ability of the Applicant to share any new Telecommunication Tower that it constructs.

4.

Required Safety Information.

a.

If attaching to a Tower, the age of the tower in years, including the date of the grant of the original permit or authorization for the Tower;

b.

If attaching to a Tower, a description of the type of tower, e.g., guyed, self-supporting lattice or monopole;

c.

If attaching to a Tower, the make, model, type and manufacturer of the Tower and the structural design report with all calculations, certified by a Professional Engineer licensed in the State, proving the tower's capability to safely accommodate the facilities of the Applicant without change or modification without exceeding a literal ninety-nine (99) percent of the structure's designed loading capability;

d.

If any change or modification of the Tower or other structure to be attached to is needed, a detailed narrative explaining: i) what changes are needed; ii) why they are needed; and iii) the individual who will be responsible to assure that the changes are made;

e.

If the Applicant is proposing to attach to a Tower that has not previously been permitted under this Law, unless the Applicant can provide proof that this was provided at the time of the initial application for the Tower or other structure, the Applicant shall provide a copy of the installed, as-built foundation design, as well as a geotechnical sub-surface soils investigation and evaluation report and a foundation recommendation for the tower or other structure at the proposed location;

f.

If increasing the height of an existing structure, or of a Tower that is five (5) years old or older, or for a guyed Tower that is three (3) years old or older, a copy of the latest ANSI Report done pursuant to the edition of ANSI-EIA/TIA 222 in effect at the time of the Application. If an ANSI inspection and report has not been done pursuant to the preceding schedule, an ANSI inspection and report shall be done including all applicable issues set forth in ANSI-EIT/TIA 222 and submitted as part of the Application. No Building Permit shall be issued for any Wireless Facility where the structure being attached to is in need of remediation, unless and until all remediation work needed has been completed or a schedule for the remediation work has been approved by the City Manager or designee(s) and such work has been verified to have remedied the situation;

g.

If not attaching to an existing Tower, a Structural Report signed by a Professional Engineer licensed to do business in the State and bearing that engineer's currently valid stamp, showing the structural adequacy of the structure to accommodate the proposed Facility(s), including any equipment shelter, unless the equipment shelter is located on or below the ground or on the ground floor of a building. If attaching to a structure and thereby increasing the height of the structure, other than a Tower, to which the public has or could reasonably have or gain access to, documentation shall be provided, including all calculations, proving that the potential exposure to RF Radiation (i.e., NIER or Non-Ion Emitting Radiation), will be in compliance with the most recent Federal Communications Commission regulations governing RF Radiation and exposure thereto, and further denoting the minimum distance a member of the public may safely stand from any antennas without being exposed to RF radiation in excess of the FCC's permitted standards and any portion(s) of the structure or the area around the structure that would be exposed to RF radiation in excess of the FCC's permitted standards. Spatial Averaging shall not be used to determine the potential exposure in relation to any part or portion of a human body;

h.

In compliance with the FCC's RF emissions regulations, the cumulative RF Radiation from all wireless facilities at that location shall be included in the calculations or on-site measurements to show the cumulative effect of all wireless facilities at that location on any area of the building or structure or the area around the structure deemed accessible by the public. Such report or analysis shall be signed and sealed by a Professional Engineer licensed in the State; or in an instance involving a Tower where the new Wireless Facilities will be ten (10) meters or more above ground level, a signed copy of the FCC's "Checklist to Determine whether a Facility may Categorically Excluded" may, upon concurrence by the City, be provided to verify that the Wireless Telecommunication Facility with the proposed installation will be in full compliance with the FCC's current RF Emissions regulations. If not categorically excluded, a complete RF Emissions study is required to enable verification of compliance with the FCC's standards, including providing all calculations so that such may be verified;

i.

In certain instances, the City may deem it appropriate to have an on-site RF survey of the facility done after the construction or modification and activation of the Facility, such to be done under the direction of the City or its designee, and an unredacted copy of the survey results provided, along with all calculations, and denoting with specificity any and all locations not in compliance with the FCC's regulations;

j.

All sections or portions of the structure to be attached to or the area around the structure shall be compliance with the FCC's regulations regarding RF emissions/radiation. Should the City determine or have reasonable cause to suspect that any section or portion of the Telecommunication Facility or the area adjacent to it is in non-compliance with the FCC regulations, the City reserves the right to require that section or portion to be cordoned off with a suitable material to discourage approaching into the area in excess of the FCC's regulations, and be marked off with appropriately-colored warning tape, as well as placing RF appropriate signage as needed and appropriate to warn individuals of the potential danger;

k.

In the event that the City has reason to suspect a Facility or any portion of a Facility is not in compliance with the FCC's RF emissions regulations or any other safety-related matter, e.g., non-compliance with the latest version of ANSI EIA/TIA 222, the appropriate federal agency may be called upon to investigate and resolve the matter. Notwithstanding anything to the contrary in the preceding, for safety-related matters the City expressly reserves all rights and authority of its police powers to protect the health and safety of persons and/or property and to require remediation or elimination of the matter constituting a safety threat, and, if applicable to fine or punish the offending party to the extent allowed by law;

l.

A signed statement that the Applicant will expeditiously remedy any physical or RF interference with other wireless devices or services shall be required.

N.

The applicant shall provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the proposed new Tower or existing structure intended to support wireless facilities is in compliance with Federal Aviation Administration Regulation Part 77 and if it requires lighting. This requirement shall also be for any existing structure or building where the application increases the height of the structure or building. If this analysis determines that an FAA determination is required, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided with the application.

O.

Additional Requirements for New Tower: Balloon Test.

1.

In order to better inform the public, in the case of a new Tower, the Applicant shall hold a "balloon test" prior to the initial public hearing on the application. The Applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a ten (10) feet in length brightly colored balloon with horizontal stabilizers to minimize the effects of wind at the maximum height of the proposed new Tower, including any attachments of any kind.

2.

At least fourteen (14) days prior to the conduct of the balloon test, a sign shall be erected so as to be clearly visible from the road nearest the proposed site and shall be removed no later than fourteen (14) days after the conduct of the balloon test. The sign shall be at least four (4) feet by eight (8) feet in size and shall be readable from the road by a person with 20/20 vision.

3.

Such sign shall be placed off, but as near to, the public right-of-way as is possible.

4.

Such sign shall contain the times and date(s) of the balloon test, as well as a copy of the proposed site plan.

5.

The dates, (including a second date, in case of poor visibility or wind in excess of fifteen (15) mph on the initial date) times and location of this balloon test shall be advertised by the Applicant seven (7) and fourteen (14) days in advance of the first test date in a newspaper with a general circulation in the City and as agreed to by the City. The Applicant shall inform the City in writing of the dates and times of the test, at least fourteen (14) days in advance. The balloon shall be flown for at least four (4) consecutive hours between 10:00 a.m. and 2:00 p.m. on the dates chosen. The primary date shall be on a weekend, but the second date, in case of poor visibility on the initial date, may be on a weekday. A report with photographs of the balloon from various locations shall be provided with the application. The location from which photographs will be taken will be determined by the City or its designee at the Pre-Application Meeting.

6.

The Applicant shall notify all property owners and residents located within one thousand five hundred (1,500) feet of the nearest property line of the subject property of the proposed construction of the Tower and Wireless Facility and of the date(s) and time(s) of the balloon test. Such notice shall be provided at least fourteen (14) days prior to the conduct of the balloon test and shall be delivered by US Mail.

P.

The Tower shall be structurally designed to accommodate at least three (3) additional Antenna Arrays equivalent to those of the Applicant as regards the load and stress created on the tower, and located as close to the Applicant's Antenna as possible without causing interference. A claim of interference because of a need to have greater than six (6) feet of vertical clearance between facilities, measured from the vertical centerline of one array to the vertical centerline of another, must be proven by technical data and not merely verbal or written assertions. This requirement may be waived, provided that the Applicant, in writing and with calculations, demonstrates that the provisions of future shared usage of the Tower is not technologically feasible, is Commercially Impracticable or would cause substantial harm to the Applicant or creates an unnecessary and unreasonable burden, based upon:

1.

The kind of Wireless Telecommunications Facilities site and structure proposed;

2.

Available space on existing and approved Towers;

3.

The need for more than six (6) feet of vertical clearance between antenna arrays, measured from the vertical centerline of one array to the vertical centerline of another, such that there would not be adequate vertical space to accommodate a total of four (4) carriers if the tower were subsequently increased in height.

Q.

The owner of a proposed new Tower, and his/her successors in interest, shall negotiate in good faith for the shared use of the proposed Tower by other Wireless service providers in the future, and shall:

1.

Respond within sixty (60) days to a request for information from a potential shared-use Applicant;

2.

Negotiate in good faith concerning future requests for shared use of the new Tower by other Telecommunications providers;

3.

Allow shared use of the new Tower if another Telecommunications provider agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a Pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity less depreciation, and all of the costs of adapting the Tower or equipment to accommodate a shared user without causing electromagnetic interference;

4.

Failure to abide by the conditions contained in this subsection may be grounds for revocation of the Conditional Use Permit.

R.

The Applicant shall provide certification with documentation (i.e., structural analysis) including calculations that the Telecommunication Facility tower and foundation and attachments, rooftop support structure, water tank structure, or any other supporting structure as proposed to be utilized are designed and will be constructed to meet all local, state and federal structural requirements for loads, including wind and ice loads and including, but not limited to all applicable ANSI (American National Standards Institute) and EIA/TIA and other safety-related requirements and guidelines.

S.

All proposed Wireless Telecommunications Facilities shall contain a demonstration that the Facility will be sited so as to create the least visual intrusiveness reasonably possible given the facts and circumstances involved, and thereby have the least adverse effect on the environment and the nature and character of the neighborhood and the community as a whole, on existing vegetation, and on the residences in the area of the Wireless Telecommunications Facility. The City expressly reserves the right to require the use of Stealth or Camouflage techniques such as a Distributive Antenna System or a functional equivalent that is technology-neutral, in order to achieve this goal, and such style or technique shall be subject to approval by the Council.

T.

If the application is for a new tower, or a new antenna attachment to an existing structure other than a tower, or for a modification that noticeably changes the appearance of the structure, the Applicant shall furnish a Visual Impact Assessment, which shall include:

1.

A computer generated "Zone of Visibility Map" at a minimum of one (1) mile radius from the proposed structure shall be provided to illustrate locations from which the proposed installation may be seen, with and without foliage, for a new tower or if increasing the height of an existing structure is proposed;

2.

Pictorial representations (photo simulations) of "before and after" views from key viewpoints inside of the City as may be appropriate and required, including but not limited to, state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. Guidance will be provided concerning the appropriate key sites for photographs to be taken from at the Pre-application meeting. The applicant shall provide a "key" map to the photos showing the locations of where the pictures were taken and the distance(s) of each location from the proposed structure;

3.

A written description of the visual impact on abutting and adjacent properties and streets as relates to the need or appropriateness of screening of the proposed facility, including, as applicable, the tower base and any guy wires, fencing and accessory buildings;

4.

The Applicant shall demonstrate and provide in writing and/or by rendering how it shall effectively screen from view the base and all related equipment and structures of the proposed Wireless Telecommunications Facility.

U.

The Wireless Telecommunications Facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings and/or nature and character of the Community. This shall include the utilization of stealth or camouflage or other concealment technology as may be required by the City.

V.

All utilities at a Wireless Telecommunications Facilities site shall be installed underground and in compliance with all Laws, ordinances, rules and regulations of the City, including specifically, but not limited to, the Florida Building Code.

W.

An access road, turn around space adequate to handle emergency vehicles including but not limited to, fire vehicles and adequate parking shall be provided at a Wireless Telecommunications Facilities to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.

X.

All Wireless Telecommunications Facilities shall be constructed, operated, maintained, repaired, provided for removal of, modified or restored in strict compliance with the plain language of all current applicable technical, safety and safety-related codes adopted by the City, State, or United States, including but not limited to, the most recent edition of the Florida Building Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors where such practices are not governed by the Florida Building Code. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes.

Y.

A holder of a Conditional Use Permit granted under this Article shall obtain, at its own expense, all permits and licenses required by applicable law, ordinance, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the other governmental entity or agency having jurisdiction over the applicant.

Z.

There shall be a Pre-application meeting for all intended applications. The purpose of the Pre-application meeting will be to address issues that will help to expedite the review and permitting process and certain issues or concerns the City may have. A Pre-application meeting shall also include a site visit, if there has not been a prior site visit for the requested facility since the last modification associated with the Facility. Costs of any City expert assistance to prepare for and attend the pre-application meeting and conduct the site visit will be borne by the Applicant and paid for out of the required deposit. The Pre-application meeting and site visit shall not occur until the Applicant has submitted the required expert assistance fees to the City, to be placed in escrow pursuant to Section 10.16 herein.

1.

Prior to the pre-application meeting, an Applicant shall submit to the City completed pre-application forms. City policy shall dictate the number of copies required.

2.

The holder of a Conditional Use Permit shall notify the City of any intended Modification of a Wireless Telecommunication Facility and shall apply to the City to modify, relocate or rebuild any portion of a Wireless Telecommunications Facility.

3.

An application to be the first attachment to a structure, to increase the height of a Tower or other structure, to substantially increase the size of a compound (occupied ground area) or size of a leasehold area, or change the profile of a Facility, shall all be deemed a new tower and shall not qualify for treatment as an attachment to an existing Tower or other structure under this Section.

(Ord. No. 2012-08-508, § 6, 9-6-12)

A.

An owner and operator of an amateur radio tower shall make application to construct, operate, or modify an amateur radio tower, which conditional use application may be administratively approved if the proposed amateur radio tower meets all of the following criteria:

1.

The amateur radio tower will be used exclusively as a non-commercial amateur radio;

2.

The amateur radio tower will be sixty (60) feet or less in height above pre-construction ground level;

3.

The design of the amateur radio tower or proposed modification to an existing amateur radio tower is structurally adequate for the intended loading of the tower. The application shall include a structural design certified as structurally adequate for the intended loading by a Licensed Professional Engineer in the State;

4.

The Applicant shall provide proof of compliance with the State of Florida Building Code for such structures; and

5.

The Applicant shall provide proof of compliance with the Fall Zone requirements set forth in this Article.

B.

Under no circumstances shall a guyed amateur radio tower or its guy wires be attached to a building.

C.

A Conditional Use permit for an Amateur radio tower or the Modification of such shall be administratively reviewed and granted by the City Manager or designee, but may, if warranted and deemed appropriate by the City Manager or designee, require a public hearing, depending upon the facts and circumstances involved.

D.

Application fees for a conditional use permit for construction and placement of amateur radio towers shall be set by resolution. If a proposed amateur radio tower does not meet the conditions set forth above, the Applicant may request that expert assistance be employed by the City and shall be responsible for paying the deposit required under this Article.

(Ord. No. 2012-08-508, § 6, 9-6-12)

A.

Any new tower shall be of the monopole type.

B.

The Applicant shall submit documentation justifying the technical need by the service provider for the total height of any Tower, Facility and/or Antenna requested and the basis therefore. To enable verification of the need for the requested height, documentation in the form of propagation studies or other appropriate information as determined to be applicable by the City must include all modeling data used to produce the studies at the height requested and at a minimum of ten (10) feet lower in height than requested. The modeling information shall be certified as being the information actually used to produce the propagation maps or other justification. Such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the City, to the extent practicable, unless good cause is shown.

C.

The maximum permitted total height of a new Tower shall be sixty (60) feet above pre-construction ground level, unless it can be proven that such height would prohibit or have the effect of prohibiting the provision of service in the intended service area, or unless the City deems a taller height to be in the public interest.

D.

The sixty-foot maximum permitted height is not an as-of-right height, but rather the maximum permitted height, absent proof of the technological need (including supporting data as may be needed and related calculations) for a greater height. Towers and Wireless Facilities shall be no taller than the minimum height technologically necessary to enable the provision of wireless service coverage or capacity as needed within the City, and only within the City. Incidental coverage outside the City is permissible, but the desire to provide service outside the City shall not be justification for a tower or a tower taller than the technical need required to provide service within the City.

E.

Spacing between towers, including in relation to adjacent facilities outside the City, shall be such that the service may be provided without exceeding the maximum permitted height in the City. In order to minimize the impact of a new Facility, including but not limited to, the proposed height, if appropriate, an Applicant may be required to prove technically (with supporting date and calculations) why all or a portion of the intended service area cannot be served by an existing facility outside the City.

(Ord. No. 2012-08-508, § 6, 9-6-12)

A.

Stealth or Camouflage siting techniques: All new Wireless Telecommunications facilities, including but not limited to, towers, shall utilize Stealth or Camouflage techniques so as to make the Facility as visually unobtrusive as is reasonably possible.

B.

Finish/Color: Any Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color, as determined by the City, to harmonize with the surroundings and shall be maintained in accordance with the requirements of this Article.

C.

Lighting: A wireless telecommunications facility shall not be artificially lighted, except for:

1.

Security and safety lighting of equipment buildings if such lighting is appropriately down-shielded to keep light within the boundaries of the site; and appropriately down-shielded to keep light within the boundaries of the site; and

2.

Such lighting of the wireless telecommunications facility as may be required by the Federal Communications Commission, Federal Aviation Administration (FAA) or other applicable authority installed in a manner to minimize impacts on adjacent residences. "Dual lighting" (red at night/strobe during day) shall be utilized unless otherwise recommended by FAA guidelines.

a.

If lighting is required under State or Federal Law, the Applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations. Any tower requiring lighting shall be lighted so as to effectively eliminate the ground scatter effect of the lighting and so as to prevent the light from being seen from the ground. All such lighting shall be affixed with technology that enables the light to be seen as intended from the air, but that prevents the ground scatter effect so that it is not able to be seen from the ground to a height of at least twelve (12) degrees vertical for a distance of at least one (1) mile in a level terrain situation. Such device must be compliant with or not in conflict with FAA regulations. A physical shield may be used, as long as the light is able to be seen from the air, as intended by the FAA.

3.

Lighting of an American flag for concealed wireless telecommunication structures, displaying an American flag in accordance with proper flag display etiquette.

D.

Flush Mounting: All new or replacement antennas shall be flush-mounted, unless the Applicant can prove that it is technologically impracticable. If not flush-mounted, the antennas shall be attached so as to create the smallest profile reasonably possible under the facts and circumstances, unless it can be proven that to do so would prohibit or have the effect of prohibiting the service.

E.

Placement on Building—Facie: If attaching to a building, all antennas shall be mounted on the facie (face) of the building so as not to increase the height of the building, unless the antenna is to be attached to an uninhabitable feature above the roofline that can be used as a support structure for antennas. The antenna shall be camouflaged so as to match the color, and if possible the texture, of the building or uninhabitable feature above the roofline in a manner so as to make the antennas as visually innocuous and undetectable as is possible given the facts and circumstances involved. An antenna attached to an uninhabitable feature above the roofline shall be governed by the height limitations of Section 5.17 of this Land Development Code.

(Ord. No. 2012-08-508, § 6, 9-6-12)

A.

All Wireless Telecommunications Facilities and Antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access and shall be constructed in such a manner that they are readily accessible only to persons authorized to operate, service or inspect them. A fence or wall shall be constructed around all sides of a communication tower. The fence or wall and any security barrier shall be maintained by the operator of the wireless telecommunications facility or tower for the life of the installation.

B.

The decision to provide either a fence or a wall shall rest with the applicant. If a fence is used to enclose the site, the fence may be constructed of black or green vinyl coated chain link even where the site is adjacent to a public right-of-way or park. The fence may also be constructed of an alternative material as approved by the City Manager or designee. If a wall is used to enclose the site, the wall shall have a decorative finish of stucco, split-faced block, brick, or an alternative material as approved by the City Manager or designee. The fence or wall shall be no less than six (6) feet and no greater than eight (8) feet in height from finished grade. Access to the communication tower site shall be through a locked gate. Barbed wire or other appropriate anti-climbing device may be permitted as a security barrier in excess of the maximum height.

(Ord. No. 2012-08-508, § 6, 9-6-12; Ord. No. 2016-01-542, § 6, 1-4-16)

Wireless Telecommunications Facilities shall contain a sign no larger than four (4) square feet in order to provide adequate notification to persons in the immediate area of the presence of RF radiation or to control exposure to RF radiation within a given area. At or immediately adjacent to the entrance, appropriate identification signage of the same size is also to be installed and show the name(s) of the owner(s) and operator(s) of the Antenna(s) as well as emergency contact information and phone number(s). The sign shall be on the equipment shelter or cabinet of the Applicant, shall be weather-proof and shall be visible at eye level from the access point of the site and must identify the equipment owner of the shelter or cabinet. On tower sites, at or immediately adjacent to the entrance, an FCC registration sign, as applicable, is also to be present. The signs shall not be lighted, unless applicable law, rule or regulation requires lighting. Any signs required by the FCC or FAA are also allowed. No other signage, including advertising, shall be permitted.

(Ord. No. 2012-08-508, § 6, 9-6-12)

A.

Any proposed Tower and any other new proposed Wireless Telecommunications Facility attachment support structures shall be set back from abutting property lines, recorded rights-of-way and the physical edge or curb of any road or street by the greater of the following distances: A distance equal to the height of the proposed Tower or Wireless Telecommunications Facility structure plus ten (10) percent of the height of the Tower or structure, including attachments, otherwise known as the Fall Zone; or the existing setback requirement of the underlying zoning district, whichever is greater. Any Accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated. The Fall Zone or setback shall be measured from the nearest portion of the right-of-way of any public road or thoroughfare and from the nearest portion of any occupied building or domicile. Further, the nearest portion of any access road to a wireless facility shall be no less than fifteen (15) feet from the nearest property line.

B.

There shall be no development of habitable buildings within the Fall Zone or setback area set forth in the preceding subsection A.

(Ord. No. 2012-08-508, § 6, 9-6-12)

The City may hire any consultant and/or expert necessary to assist the City in reviewing and evaluating the Application, including proposed co-locations and the construction and modification of a site, once permitted, and any site inspections.

(Ord. No. 2012-08-508, § 6, 9-6-12)

A.

Pursuant to Section 10.8 of the Land Development Code, in addition to paying a non-refundable application (flat) fee, an Applicant shall deposit with the City prior to the pre-application meeting, all funds to cover the City's reasonable costs, to include but not be limited to: (i) planning, evaluating, visiting the site, and consulting with the City or the Applicant in connection with the submission; (ii) review, preparation of, and attendance at the public hearing on any Application; (iii) determining the completeness of the Application; (iv) analyzing any requests for waiver(s)or exclusion; (v) negotiating any leases on behalf of the City for any Facilities on City property; (vi) pre-application review and attendance at the pre-application meeting; (vii) compliance with Florida and Federal law; (viii) review for compliance with the City's comprehensive plan and land development regulations; (ix) cooperative determination of appropriate location of a Facility in a residential area or district; (x) review of construction and/or modification of the site and issuance of any building permit or certificate of occupancy; (xi) processing any appeals from administrative decisions. The initial deposit shall be set forth in a Resolution. The placement of the deposit with the City shall precede any site visit or pre-application meeting or any work being done as regards an Application, including the receipt of an Application.

B.

The City shall place the funds for expert assistance in escrow. The City shall maintain a separate record or account for all such funds. The City's consultants and experts shall invoice the City for their services and such are to be paid out of the deposit and not from the City's budgeted revenue. Any consultants' fees or expert assistance-related costs incurred after the pre-application review of the Application to determine its completeness, truthfulness, and accuracy, and except for any required hearing(s) and inspections, shall be deemed to have been necessitated by the Applicant for any deficient or incomplete Application, unless otherwise expressly directed or caused by the City.

C.

If at any time during the review process an escrow account has a balance of less than two thousand five hundred dollars ($2,500.00), the Applicant shall, within five (5) days of notification by the City, replenish said escrow account so that it has a balance of at least five thousand dollars ($5,000.00). The escrow funds account shall have a balance of at least five thousand dollars ($5,000.00) within ten (10) days prior to final approval or the public hearing on the Application, or the final approval or public hearing shall be continued until the balance on the escrow account has been replenished to at least five thousand dollars ($5,000.00). When the amount remaining in the deposit account of the application is more than the amount of the actual final invoicing after the public hearing or, in the case of co-location, recommendation to issue a Certificate of Completion or Occupancy, the remaining balance shall be promptly refunded to the Applicant upon written request.

D.

Notwithstanding the above, if an Applicant acts in good faith, is not responsible for, and does not cause, additional fees over the amount of the initial deposit to be incurred during the processing of and public hearing on a single application, there shall be a fee cap of twelve thousand dollars ($12,000.00) for the total fees and costs to be paid by the Applicant. This total fee cap does not apply when the City imposes the additional fees and costs because the Applicant has amended or changed its application, nor shall the fee cap apply to any costs which the City determines to be attributable to the dilatory or bad faith actions of an Applicant in providing a complete, accurate, factually correct and truthful application or information during a public hearing or administrative proceeding.

E.

To prevent the taxpayers from having to bear any cost related to regulating Wireless Telecommunications Facilities, no work shall be done on an application for which the full amount of the escrow deposit as set forth in this section has not been placed with the City. In the event the escrow deposit minimum balance as set forth in this section is not maintained, all work on the application shall cease until the deposit is replenished as required.

F.

The total amount of the funds needed as set forth in this section may vary with the scope and complexity of the project, the completeness, accuracy, factual correctness, and truthfulness of the Application, necessary or requested discussions with the Applicant, and other information as may be needed to complete the necessary review and analysis of the Application and the inspection of any construction or modification.

G.

Records of all outside costs associated with the review and permitting process shall be maintained and available for public inspection, in compliance with applicable law.

H.

The City and amateur radio operators with a facility shorter than sixty (60) feet are expressly excluded from these requirements, provided that other requirements of Section 10.7 are met.

(Ord. No. 2012-08-508, § 6, 9-6-12)

After the pre-application meeting, when a formal application for a wireless telecommunication facility is submitted to the City Manager or designee, the City is bound by, and shall comply with, all federal and state laws regarding time limitations and other requirements when determining if the application is complete and ready for processing.

(Ord. No. 2012-08-508, § 6, 9-6-12)

After determining that the formal application is complete, the City is bound by, and shall comply with, all federal and state laws regarding time limitations and other requirements when processing the application.

(Ord. No. 2012-08-508, § 6, 9-6-12)

A.

Prior to the approval of any Application for a Conditional Use Permit for a new tower or for any facility that increases the height or changes the profile of an existing structure, or substantially increases the compound (ground cover) or size of a leasehold area, to which it is to be attached, a public hearing shall be held by the City, notice of which shall be published in the official newspaper of the City no less than ten (10) calendar days prior to the scheduled date of the public hearing. In order that the nearby landowners are aware of the public hearing, the Applicant shall notify all landowners within one thousand five hundred (1,500) feet of any property line of the lot or parcel on which the new Wireless Telecommunications Facilities are proposed to be located. The Application shall contain the names and address of all such landowners. Such written notifications to all landowners shall be sent via Certified Mail by Applicant no less than fifteen (15) calendar days prior to the public hearing, The Applicant shall provide the City with an affidavit that all of the landowners on the list were sent notices of the public hearing by Certified Mail.

B.

When the Application is determined to be complete, the City shall schedule the required public hearing within time frames required under federal and state law. The City, at any stage prior to issuing a Conditional Use Permit, and subject to applicable State law, may require such additional information as it deems necessary as such relates to the issue of the siting, construction or modification of a Wireless Telecommunications Facility.

(Ord. No. 2012-08-508, § 6, 9-6-12)

A.

After the public hearing and after formally considering the Application, the City may approve, approve with conditions, or deny a Conditional Use Permit. Its decision shall be in writing and shall be supported by competent substantial evidence contained in a written record. The burden of proof for the grant of the permit shall always be upon the Applicant.

B.

If the City approves the Conditional Use Permit for Wireless Telecommunications Facilities, then the Applicant shall be notified of such approval in writing within ten (10) calendar days of the City's action, and the Conditional Use Permit or other appropriate authorization shall be issued within thirty (30) days after such approval. Except for necessary building permits, and any subsequent Certificates of Compliance, once a Conditional Use Permit has been granted hereunder, no additional permits or approvals from the City, such as site plan or zoning approvals, shall be required by the City for the Wireless Telecommunications Facilities covered by the Conditional Use Permit.

C.

If the City denies the Conditional Use Permit or other appropriate authorization for Wireless Telecommunications Facilities, then the Applicant shall be notified of such denial in writing within ten (10) calendar days of the City's action and shall set forth in writing the reason(s) for the denial.

D.

An applicant may appeal any administrative decision provided herein pursuant to Section 3.18 of this Land Development Code.

(Ord. No. 2012-08-508, § 6, 9-6-12)

A Conditional Use Permit shall not be assigned, transferred or conveyed without the express prior written notification to the City, and such assignment or conveyance shall not be unreasonably denied.

(Ord. No. 2012-08-508, § 6, 9-6-12)

A.

To the extent that the holder of a Conditional Use Permit for Wireless Telecommunications Facilities has not received relief, or is otherwise excluded, from appropriate State and/or Federal agency rules or regulations, then the holder of such a Conditional Use Permit shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any State or Federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards. Violations of such shall, unless expressly prohibited, be deemed a violation of this Article.

B.

To the extent that applicable rules, regulations, standards, and provisions of any State or Federal agency, including but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a Conditional Use Permit for Wireless Telecommunications Facilities, then the holder of such a Conditional Use Permit shall conform the permitted Wireless Telecommunications Facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of twenty-four (24) months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.

C.

The City expressly reserves and preserves its inherent police powers as may be necessary to administer or enforce this Article and nothing shall in any way diminish or lessen said powers and authority.

D.

In the event of a violation of this Article or the terms of a Conditional Use Permit, following an opportunity to cure and, if not cured within the time frame set forth in the notice of violation, a hearing before City Council may be held upon due prior notice to the Applicant. If found to be in violation of this Article or Conditional Use Permit after the cure period, the Conditional Use Permit may be revoked, canceled, or terminated for a violation of the conditions and provisions of the Conditional Use Permit, or for a material violation of this Article or other applicable law, rule or regulation.

E.

Notice of a violation and of the date, time and place of a hearing shall be provided by registered mail, return receipt requested, and by U.S. Mail to the last known address of the holder of the Conditional Use Permit. Within ten (10) days of the date of the scheduled public hearing, the City shall also post the notice of violation in a conspicuous place on the site of the property upon which the Wireless Telecommunications Facilities is located.

F.

The remedies provided in this section are supplemental to code enforcement proceedings and any legal and equitable proceedings provided by law.

G.

The owners of a Wireless Telecommunications Facility, any support structure, and the land upon which a Facility or support structure is located shall be jointly and severally responsible for: (1) the physical and safe condition of the Facility, support structure, and all components on the site related to the Facility; (2) assuring that all activities of owners, users, or lessees occurring on the Facility, support structure, and all components on the site related to the Facility are in compliance with all applicable laws, ordinances, rules, regulations, orders, and permits related to the Facility; and (3) assuring the proper permitting as required by this Article and other City regulations by all lessees and users of the Facility. Said owner(s) shall monitor activities at the site and operate the Facility so as to assure compliance with this Article, other City regulations, and any Conditional Use Permit.

(Ord. No. 2012-08-508, § 6, 9-6-12)

The Applicant and the owner of record of any proposed tower or other support structure shall, at its cost and expense, file with the City a bond, or other form of security acceptable to the City as to the type of security and the form and manner of execution, in an amount of at least seventy-five thousand dollars ($75,000.00) for: (i) the removal of the tower or structure with such sureties as are deemed sufficient by the City; and (ii) to assure the faithful performance of the terms and conditions of this Article and conditions of any Conditional Use Permit or any other applicable permit or authorization issued pursuant to this Article. The full amount of the bond or security shall remain in full force and effect throughout the term of the Conditional Use Permit to assure faithful performance under this Article and in the event of abandonment until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original Conditional Use Permit. The City and amateur radio operators are expressly excluded from this requirement.

(Ord. No. 2012-08-508, § 6, 9-6-12)

In order to verify that the holder of a Conditional Use Permit for Wireless Telecommunications Facilities and any and all lessees, renters, and/or licensees of Wireless Telecommunications Facilities, place and construct such facilities, including Towers and Antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the City may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, Towers, Antennas and buildings or other structures constructed or located on the permitted site.

(Ord. No. 2012-08-508, § 6, 9-6-12)

A.

A holder of a Conditional Use Permit for Wireless Telecommunications Facilities shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the Conditional Use Permit in amounts as set forth below:

1.

Commercial General Liability covering personal injuries, death and property damage: One million dollars ($1,000,000.00) per occurrence/two million dollars ($2,000,000.00) aggregate; and

2.

Automobile Coverage: One million dollars ($1,000,000.00) per occurrence/two million dollars ($2,000,000.00) aggregate; and

3.

A three million dollar ($3,000,000.00) Umbrella coverage; and

4.

Workers Compensation and Disability: Statutory amounts.

B.

For a Wireless Telecommunications Facility on City property, the Commercial General Liability insurance policy shall specifically include the City and its officers, employees, committee members, attorneys, agents and consultants as additional insureds.

C.

The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State and with a Best's rating of at least "A".

D.

The insurance policies shall contain an endorsement obligating the insurance company to furnish the City with at least thirty (30) days prior written notice in advance of the cancellation of the insurance.

E.

Renewal or replacement policies or certificates shall be delivered to the City at least fifteen (15) days before the expiration of the insurance that such policies are to renew or replace.

F.

Before construction of a permitted Wireless Telecommunications Facilities is initiated, but in no case later than fifteen (15) days after the grant of the Conditional Use Permit, the holder of the Conditional Use Permit shall deliver to the City a copy of each of the policies or certificates representing the insurance in the required amounts.

G.

A Certificate of Insurance that states that it is for informational purposes only and does not confer rights upon the City shall not be deemed to comply with this Section.

H.

The City and amateur radio operators are expressly excluded from this requirement.

(Ord. No. 2012-08-508, § 6, 9-6-12)

A.

Any application for Wireless Telecommunication Facilities that is proposed to be located on City property, pursuant to this Article, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by law and this Article, to at all times defend, indemnify, protect, save, hold harmless, and exempt the City, and its officers, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said Facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the City, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the City.

B.

Notwithstanding the requirements noted in this section, an indemnification provision will not be required in those instances where the City itself applies for and secures a Conditional Use Permit for Wireless Telecommunications Facilities which it owns.

(Ord. No. 2012-08-508, § 6, 9-6-12)

If a Wireless Telecommunications Facility is repaired, rebuilt, placed, moved, re-located, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this Article or of the Conditional Use Permit, then the City shall notify the holder of the Conditional Use Permit in writing of such violation. A Permit holder in violation may be considered in default and subject to the maximum amount of fines as allowed under F.S. ch. 162. If a violation is not corrected to the satisfaction of the City in a reasonable period of time the Conditional Use Permit is subject to revocation.

(Ord. No. 2012-08-508, § 6, 9-6-12)

A.

The owner of any tower or wireless facility shall be required to provide a minimum of thirty (30) days' written notice to the City Clerk prior to abandoning any tower or wireless facility.

B.

Under the following circumstances, the City may determine that the health, safety, and welfare interests of the City warrant and require the removal of Wireless Telecommunications Facilities:

1.

Wireless Telecommunications Facilities with a permit have been abandoned (i.e., not actively used as Wireless Telecommunications Facilities) for a period exceeding ninety (90) consecutive days or a total of one hundred eighty (180) days in any three hundred sixty-five-day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within ninety (90) days;

2.

A permitted Wireless Facility falls into such a state of disrepair that it creates a health or safety hazard and the owner of the Facility has refused to remediate the situation so that it no longer presents a threat or hazard;

3.

Wireless Telecommunications Facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required Conditional Use Permit, or any other necessary authorization and the Special Permit may be revoked;

4.

If the City makes such a determination as noted in subsection A of this section, then the City shall notify the holder of the Conditional Use Permit for the Wireless Telecommunications Facilities within forty-eight (48) hours that said Wireless Telecommunications Facilities are to be removed. The City may approve an interim temporary use agreement/permit, such as to enable the sale of the Wireless Telecommunications Facilities.

C.

The holder of the Conditional Use Permit, or its successors or assigns, shall dismantle and remove such Wireless Telecommunications Facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within ninety (90) days of receipt of written notice from the City. However, if the owner of the property upon which the Wireless Telecommunications Facilities are located wishes to retain any access roadway to the Wireless Telecommunications Facilities, the owner may do so with the approval of the City.

D.

If Wireless Telecommunications Facilities are not removed or substantial progress has not been made to remove the Wireless Telecommunications Facilities within ninety (90) days after the permit holder has received notice, then the City may order officials or representatives of the City to remove the Wireless Telecommunications Facilities at the sole expense of the owner or Conditional Use Permit holder.

E.

If, the City removes, or causes to be removed, Wireless Telecommunications Facilities, and the owner of the Wireless Telecommunications Facilities does not claim and remove it from the site to a lawful location within ten (10) days, then the City may take steps to declare the Wireless Telecommunications Facilities abandoned, and sell them and their components.

F.

Notwithstanding anything in this Section to the contrary, the City may approve a temporary use permit/agreement for the Wireless Telecommunications Facilities, for no more than ninety (90) days, during which time a suitable plan for removal, conversion, or re-location of the affected Wireless Telecommunications Facilities shall be developed by the holder of the Conditional Use Permit, subject to the approval of the City, and an agreement to such plan shall be executed by the holder of the Conditional Use Permit and the City. If such a plan is not developed, approved and executed within the ninety-day time period, then the City may take possession of and dispose of the affected Wireless Telecommunications Facilities in the manner provided in this Section and utilize the bond in Section 10.23 of this Article.

(Ord. No. 2012-08-508, § 6, 9-6-12)

Any Applicant desiring waiver(s) from any requirement of this Article may request such at the pre-Application meeting when the applicable requirement of this Article creates an illogical, impossible, impractical, or patently unreasonable result. The request for waiver(s) shall be contained in the submitted Application for either a Conditional Use Permit, or in the case of an existing or previously granted Conditional Use Permit a request for modification of its Tower and/or facilities. Such waiver(s) may be temporary or permanent, partial or complete. However, the burden of proving the need for the requested waiver(s) is solely on the Applicant to prove. The Applicant shall bear all costs of the City in considering the request and the waiver(s). The criteria set forth in Section 3.17 of the Land Development Code regarding waivers shall apply.

(Ord. No. 2012-08-508, § 6, 9-6-12)

Editor's note— Ord. No. 2018-05-580, § 4, adopted May 1, 2018, repealed § 10.30, which pertained to communications facilities in public rights-of-way and derived from Ord. No. 2015-12-541, adopted December 7, 2015.