The regulations and requirements of this section are intended to:

(1)

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

(2)

To regulate and provide for the appropriate location and development of telecommunications towers and antennas within the city ensuring compatibility with surrounding land uses;

(3)

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

(4)

Avoid potential damage to adjacent properties from tower failure through professional engineering and careful design, construction and siting of tower structures and ensuring removal when no longer used or determined to be structurally unsound;

(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. O-97-6, § 2, 9-3-97)

(A)

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 director of community development shall have the right to interpret the terms contained in this article. In construing the meaning of the article, the following shall apply:

(1)

Words used in the present tense also include the future tense.

(2)

Words used in the singular number also include the plural and vice-versa.

(3)

The word "shall" is mandatory. The word "may" is permissible.

(4)

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

(5)

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.

(6)

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

(7)

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

(8)

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

(9)

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 article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Accessory use: A use incidental to, subordinate to, and subservient to the main use of the property. As defined in this section, an accessory use is a secondary use.

Antenna: 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.

Antenna support structure: Any building or other structure other than a tower which can be used for location of telecommunications facilities.

Applicant: Any person that applies for a tower development permit.

Application: The process by which the owner of a parcel of land within the city submits a request to develop, construct, build, modify or erect a tower upon such parcel of land. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning such a request.

Engineer: Any engineer licensed by the State of Florida. Radio frequency engineers do not have to be licensed by the state; however, for purposes of this article, their qualifications must include specific experience in the field and employment or retention by the telecommunications provider in a professional technical capacity.

Extraordinary conditions: Subsequent to a hurricane, flood, or other natural hazard or subsequent to a defective finding on a previous inspection.

Freestanding telecommunication tower: A guyed, monopole or self-support/lattice tower, constructed as a freestanding structure, containing one (1) or more antennas, used in the provision of personal wireless services, excluding radar towers, amateur radio support structures licensed by the FCC, private home use of satellite dishes and television antennas and satellite earth stations installed in accordance with applicable codes.

Guyed tower: A telecommunication tower that is supported, in whole or in part, by guy wires and ground anchors.

Initial loading capacity: The weight and effective surface area of the applicant's telecommunications facilities that will be installed on the applicant's tower within six (6) months after completion of construction of the tower.

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

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

Owner: Any person with fee title or a long term (exceeding ten (10) years) leasehold to any parcel of land within the city who desires to develop, construct, build, modify or erect a tower upon such parcel of land.

Panel antenna: An array of antennas designed to concentrate a radio signal in a particular area.

Person: Any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.

Roofdeck: The overall ridge line of the structure which does not include cupolas, elevator towers, clock towers or other features that are permitted to exceed the maximum height of the building.

Self-support/lattice tower: A telecommunication tower that is constructed without guy wires and ground anchors.

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

Telecommunication facilities: Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure.

Whip antenna: A cylindrical antenna that transmits signals in three hundred sixty (360) degrees.

(Ord. No. O-97-6, § 3, 9-3-97; Ord. No. O-2010-003, § 3, 2-3-10)

(A)

Monopole, freestanding and stealth telecommunication towers shall be permitted as a primary or accessory use, as a conditional use in B-3 and I-1 Zoning Districts; (OS) Open Space, greater than five (5) acres.

(B)

Monopoles, freestanding and stealth telecommunication towers may be permitted, as a primary or accessory use, as a conditional use on any property owned by the city, the county, the county school board and the state. 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.

(C)

Stealth type telecommunication towers may be permitted as an accessory use, as a permitted use in the districts zoned: PU Public Utility, (OS + 5 acres) Open Space on sites of five (5) acres or more and in the industrial portion of a PCC zoned parcel, I-1 Light Industrial and city owned property.

(D)

Minimum standards. Freestanding telecommunications towers must meet the following minimum standards:

(1)

Site development plan. Prior to the issuance of a building, electrical, or an engineering permit by the building division, community development department, a site development plan shall be presented for approval to the zoning division, community development department. Each application for a proposed telecommunications tower shall include all requirements for site development plan approval as required by sections 24-163—24-165. The director of community development 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, power, or telephone poles. Approval of the director of community development to ensure consistency with the definition of stealth facility is required. Each application shall contain a rendering or photograph of the tower including, but not limited to, colors and screening devices.

(2)

Engineer's compliance statement. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the state, which through rational engineering analysis certifies the tower's compliance with applicable standards as set forth in the Florida Building Code, its Broward County Administrative Provisions, 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 have the ability to accommodate two (2) users of self-support/lattice or guyed towers shall, at a minimum, have the ability to accommodate three (3) users.

(3)

Height/setbacks and related location requirements. For the purposes of this subsection, the separation distances shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed base, or from the base of a tower to the closest point of residentially zoned property.

(a)

The height of a telecommunications tower shall not exceed one hundred fifty (150) feet, measured from the crown of the road of the nearest public street to the top of the tower. Safety lighting and lightning rods shall not extend more than twenty (20) feet above the top of the tower.

(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 two hundred (200) feet of any residential district or residential portion of a PUD.

(d)

Freestanding telecommunication towers, except stealth types, shall not be located within seven hundred fifty (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 requests which deviate from the aforementioned regulations shall in addition to being subject to a conditional use process (CU), where required, shall also be subject to a special exception procedure in accordance with section 24-251.

(4)

Aircraft hazard. Prior to the issuance of a building permit by the building division, the applicant shall provide evidence that the telecommunication towers or antennas are in compliance with Federal Aviation Administration (FAA) 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 tower siting, design, and construction.

(6)

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

(7)

Buffering.

(a)

An eight (8) foot fence or wall constructed in accordance with section 24-106, as measured from the finished grade of the abutting property, 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 section 24-105, 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 section 24-105 shall be installed around any accessory buildings or structures.

(d)

Equipment at base on monopole shall also be screened by landscaping or screening panel. All freestanding towers will be protected by a fence or wall in addition to otherwise required landscaping.

(8)

High voltage and "no trespassing" warning signs.

(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 spaced no more than forty (40) feet apart.

(b)

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

(c)

The letters for the "HIGH VOLTAGE—DANGER" and "NO TRESPASSING" warning signs shall be at least six (6) inches in height. The two (2) warnings signs may be combined into one (1) sign. The warning signs shall be installed at least five (5) feet above the finished grade of the fence.

(d)

The warning signs may be attached to 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. All abandoned or unused telecommunication tower facilities shall be removed by the tower owner/operator within ninety (90) days of the cessation of use. A tower shall be considered abandoned if use has been discontinued for one hundred eighty (180) consecutive days. 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, as amended. All accessory buildings or structures shall require a building permit issued by the building division, community development 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, as approved by the appropriate reviewing body.

(14)

Noninterference. Each application to allow construction of a telecommunication 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 radio frequency engineer identifying any interference that may result from the proposed construction and placement, as determined by the FCC.

(E)

Inspections.

(1)

On June 1 of each year, the owner shall submit a report certifying the structural and electrical integrity of the permitted tower or antenna which shall be kept on file in the community development department. An owner shall not be required to submit a report on June 1 for a tower or antenna that has been erected less than one (1) year. A regulatory fee shall be submitted with the required report(s). The applicable regulatory fee per the community development department fee schedule shall be submitted with the required report to defray the costs incurred by the city to notify tower/antenna owners, review the reports and maintain the file for public inspection.

(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 division. Based upon the results of an inspection, the building official may require repair or removal of a telecommunications tower.

(3)

The building division may conduct periodic inspections 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. The city reserves the right to require additional inspections if there is evidence that the tower has a safety concern or is exposed to extraordinary conditions.

(F)

Construction of any tower type other than stealth and monopole, including but not limited to lattice and guyed towers, shall require a special exception in accordance with section 24-251.

(G)

Telecommunications towers are prohibited when a proposed or existing principal use is the storage, distribution, or sale of volatile, flammable, explosive, or hazardous wastes such as LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals. Exceptions may be allowed with approval of the city commission at the recommendation of the city fire marshal.

(H)

Existing towers.

(1)

Notwithstanding the above provisions of this section, telecommunications antennas may be placed on existing towers with sufficient loading capacity after approval by the director of community development. The capacity shall be certified by an engineer licensed to practice in the state.

(2)

Notwithstanding the above provisions of this section, towers in existence as of July 1, 1997, may be replaced with a tower of equal or less visual impact after approval by the city manager or designee. However, if the proposed new tower would not be consistent with the minimum standards under this section, replacement must be approved by the city commission.

(I)

Fees and charges.

(1)

Regulatory fees for towers and antennas shall be determined by separate resolution.

(2)

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

(Ord. No. O-97-6, § 4, 9-3-97; Ord. No. O-2003-001, § 14, 2-19-03)

(A)

Antennas shall be permitted as follows:

(1)

Stealth rooftop or building mounted antennas not exceeding fifteen (15) feet above roofdeck as an accessory use in the following zoning districts:

(a)

B-1 Community Business District

(b)

B-2 General Business District

(c)

B-3 Commercial-Industrial District

(d)

I-1 Light Industrial District

(e)

PCC Portions designated a land use as noted in subsection 24-248(c)

(f)

RM-25 Multiple-Family Residential

(g)

CF Community Facility

(h)

OS Open Space

(i)

PUD Planned Unit Development

(j)

PU Public Utility District

(2)

Nonstealth rooftop or building mounted antennas shall only be permitted not exceeding fifteen (15) feet above the roof deck of the subject building as an accessory use in the following zoning districts subject to development review committee (DRC) approval:

(a)

B-1 Community Business District

(b)

B-2 General Business District

(c)

B-3 Commercial-Industrial District

(d)

I-1 Light Industrial District

(e)

PCC Portions designated a land use as noted in subsection 24-248(C)

(f)

RM-16 Multiple-Family Residential

(g)

CF Community Facility

(h)

OS Open Space

(i)

PUD Planned Unit Development

(j)

PU Public Utility District

(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 minimum 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 seven hundred fifty (750) square feet of gross floor area or be more than twelve (12) feet in height; and

(d)

If the equipment building located on the roof of the building, the area of the equipment building shall not occupy more than twenty-five (25) percent of the roof area.

(e)

Approval of the director of community development to ensure consistency with the definition of stealth facility is required. 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 shall only be permitted on buildings which are at least fifty (50) feet tall. Antennas may be placed on buildings less than fifty (50) feet tall in the OS or CF District if public safety needs warrant the antenna;

(b)

Antennas may not extend more than fifteen (15) feet above roof deck. Stealth antennas attached to but not above rooftop structures shall be exempt from this provision. Antennas may exceed twenty (20) feet above the roof in the OS or CF District if public safety needs warrant additional height;

(c)

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;

(d)

No commercial advertising shall be allowed on an antenna;

(e)

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

(f)

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

(g)

If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than twenty-five (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 the development review committee (DRC), why the stealth antenna cannot be used for the particular application. This does not preclude a combination of the various types of antenna.

(D)

Dimension approval. Antenna dimensions shall be approved by the director of community development 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 division, the applicant shall provide evidence that the telecommunication towers or antennas are in compliance with the Federal Aviation Administration (FAA) 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.

(G)

Antennas located on franchised utility poles. Antenna(s) may be located on franchised utility poles or poles owned by the city in all districts in which they are permitted in accordance with subsection 24-249(A) pursuant to the following regulations. For the purposes of this article, rights-of-way assume the zoning designation of the adjacent zoning district.

(1)

The utility poles shall be located within public easements or public rights-of-way.

(2)

Fees related to utility pole installation:

(a)

A regulatory fee shall be paid pursuant to section 24-248.

(b)

An engineering permit fee shall be paid if the pole is replaced to accommodate telecommunications equipment.

(3)

The antenna and/or dish shall be of a size and placement that is structurally compatible with the engineering design of the pole pursuant to the Florida Building Code and attested to by a registered engineer.

(4)

The antenna or dish shall not extend more than ten (10) feet above the existing pole height. If the pole is replaced to withstand the addition of telecommunications equipment, then the same restriction shall apply except that the utility pole may be twenty (20) feet higher than the adjacent pole heights.

(5)

Placement of an antenna and/or dish on a utility pole shall only be on poles owned or operated by a city franchisee or the city.

(6)

No commercial advertising shall be allowed on the antenna or dish.

(7)

The height restriction for utility poles within a special utility overlay district shall be limited to one hundred fifty (150) feet.

(H)

Fees.

(1)

Fees for antenna installation whether on public or private property will be determined by separate resolution pursuant to section 24-248.

(2)

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

(Ord. No. O-97-6, § 5, 9-3-97; Ord. No. O-2003-001, § 15, 2-19-03)

(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 issuing permits to qualified shared facilities at locations where it appears there may be more demand for towers than the property can reasonably accommodate.

(B)

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

(1)

The facility is appropriately designated for sharing; and

(2)

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

(C)

To satisfy the requirements of this section, the facility owner must submit a written evaluation of the structural capacity of the tower, demonstrating capacity for multiple users in accordance with subsection 24-248(D)(2).

(D)

The requirements of this section will be deemed to have been met if the facility owner shows that it has executed a joint use agreement with at least one (1) other unaffiliated entity for shared use, and agrees to offer the same contract to others. In other cases, the facility owner must enter into an agreement with the city, acceptable to the city, to offer space on fair, reasonable, nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay. A condition of any permit for a qualified shared facility shall be that the permit shall be terminated, and the facility removed if the city finds that the facility owner is not complying with its obligations under this section and associated agreements with the city.

(E)

Each application for a telecommunication tower shall include the following:

(1)

A written evaluation of the feasibility of sharing a telecommunication tower, if an appropriate telecommunication tower or towers is/are available. The evaluation shall analyze one (1) or more of the following factors:

(a)

Structural capacity of the tower or towers;

(b)

Radio frequency interference;

(c)

Geographical search 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 an application if an available co-location is feasible and the application is not for such co-location.

(F)

The community development department shall retain a list of telecommunication towers that are determined to be inappropriate for sharing. Such towers will be re-evaluated in the future regarding sharing with the same type of facility for which it has previously been determined to be inappropriate. 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 telecommunication tower and the tower's load capacity to all other providers.

(Ord. No. O-97-6, § 6, 9-3-97)

(A)

The city commission may, upon application, grant a special exception from the terms of this article related to:

(1)

Tower heights to a maximum of two hundred (200) feet; and/or

(2)

Setbacks; and/or

(3)

Bufferyards; and/or

(4)

Distance separation between towers; and/or

(5)

Distance separation from towers to residential districts (but not less than height of tower); and/or

(6)

Tower types.

(B)

The purpose of said special exception shall be to provide for circumstances where, based upon existing or available technology, an applicant is able to demonstrate, based upon verifiable scientific evidence, that it is unable to locate a telecommunications tower or antenna which is necessary under its service requirements under the terms of the existing provisions of this article, and that pursuant to federal law, it has a right to locate a telecommunications tower or antenna in a location not permitted under the provisions of this article. The following procedure shall be used to apply for and make a determination under a special exception application:

(1)

The application shall be in a form as provided for by the community development department and submitted with a special exception application fee as required by the fee schedule as amended from time to time. The special exception shall be heard by the city commission after recommendation by the planning and zoning board, separately but concurrently with the conditional use approval or as a separate case where the tower may be permitted by right.

(2)

The application shall, at a minimum, state with specificity the reasons why a special exception is required which shall include, but not be limited to, a scientific explanation of why a communications tower or antenna cannot be located in a manner consistent with the terms of the subject ordinance so as to cause the city's application of these regulations to be consistent with the regulations of the Federal Communications Commission governing telecommunication towers locations.

(3)

The application shall require such other information as is deemed appropriate by the city manager or designee. All applications shall be accompanied by a study, performed by a professional with scientific expertise in the area of location of telecommunication towers and service needs, which demonstrates the basis for the special exception application. At the discretion of the city, it may choose to commission a review by a professional with scientific experience in this area to review and advise on the study submitted by the applicant. The applicant shall be responsible for the costs of the study. The city shall obtain a cost estimate for the study and shall submit said cost to the applicant who shall be responsible for paying said amount to the city for the sole purposes of compensating the expert who will be conducting the analysis of the applicant's study. No action shall be taken upon the application until such payment is made. Upon receipt of the payment as set forth above, the city shall engage the services of an expert to undertake the applicable review and to provide his/her conclusions with regard to whether, consistent with federal law, there are locations within the city as provided for in this article which will permit the location of a telecommunications tower or antenna.

(4)

In reviewing the application for special exception, the city commission shall, in addition to reviewing the scientific data provided, be permitted to impose conditions upon the location of any facility granted as a special exception in order to reduce to the maximum extent feasible, the impact upon neighboring properties and residences of any telecommunications tower or antenna granted pursuant to this special exception procedure.

(Ord. No. O-97-6, § 7, 9-3-97)

(A)

The city shall act promptly on any application submitted in accordance with the provisions of sections 24-246 through 24-252. 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 conditional use in accordance with applicable law.

(B)

An application to develop a tower shall include:

(1)

The name, address and telephone number of the owner and lessee of the parcel of land upon which the tower is situated. If the applicant is not the owner of the parcel of land upon which the tower is situated, the consent of the owner shall be obtained by sword affidavit.

(2)

The legal description, folio number and address of the parcel of land upon which the tower is situated.

(3)

The names, addresses and telephone numbers of all owners of other towers or usable antenna support structures within a one-quarter (¼) mile radius of the proposed new tower site, including city-owned property.

(4)

An affidavit attesting to the fact that the applicant made diligent, but unsuccessful efforts for permission to install or co-locate the applicant's telecommunications facilities on all city-owned towers or usable antenna support structures located within a one-quarter (¼) mile radius of the proposed tower site.

(5)

An affidavit attesting to the fact that the applicant made diligent, but unsuccessful efforts to install or co-locate the applicant's telecommunications facilities on all towers or usable antenna support structures owned by other persons located within a one-quarter (¼) mile radius of the proposed tower site.

(6)

Written, technical evidence from an engineer(s) that the proposed tower or telecommunications facilities cannot be installed or co-located on another person's tower or usable antenna support structure located within a one-quarter (¼) mile radius of the proposed tower site because of the coverage requirements of the applicant's wireless communications system.

(7)

Each application to allow construction of a tower shall include a written statement from an engineer(s) that the construction and placement of the tower will not interfere with the public safety communications and the usual and customary transmission or reception of radio, television, or other communications service enjoyed by adjacent residential and nonresidential properties, in accordance with FCC regulations.

(8)

Written, technical evidence from an engineer(s) that the proposed structure meets the standards set forth in section 24-248.

(C)

The development review committee may require an applicant to supplement any information the committee considers inadequate or that the applicant has failed to supply. The committee may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection.

(Ord. No. O-97-6, § 8, 9-3-97)

(A)

Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

(B)

Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property.

(C)

All towers, telecommunications facilities and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.

(D)

All maintenance or construction on towers, telecommunications facilities or antenna support structures shall be performed by licensed maintenance and construction personnel.

(E)

All towers shall maintain compliance with current radio frequency emission standards of the FCC.

(F)

In the event the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued.

(Ord. No. O-97-6, § 9, 9-3-97)