The purpose and intent of this article is to provide a uniform and comprehensive set of standards for the development and installation of telecommunications towers, antennae and related facilities. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic quality of the city, while at the same time not unduly restricting the development of needed telecommunications facilities and encouraging managed development of telecommunications infrastructure.

(Ord. No. 618, § 4, 8-3-98)

As used in this article, the following terms shall have the meanings indicated:

Accessory antennae shall mean antennae utilized for amateur radio, citizen's band, or other strictly noncommercial hobbyist use and radio or television receiving antennae and dish as defined in the zoning code. These specifically are not private mobile service or public service antennae or facilities as defined in this section. Accessory antennae and their supporting structures do not fall into the categories of "telecommunications equipment," "telecommunications facility," or "telecommunications tower," as defined in this section.

Amateur radio or ham radio refers to the amateur radio services, a noncommercial licensed radio service regulated under the Code of Federal Regulations, Title 47, Telecommunications, Part 80 to End.

Antenna shall mean any exterior apparatus designed for telecommunication and any electronic communicating devices or services through the sending or receiving of electromagnetic waves. This term includes satellite dish antennae, utility pole mounted antennae, and antenna arrays and excludes accessory antennae as defined herein.

Applicant shall mean any person applying for a permit to build, place or operate a cellular, PCS or wireless telecommunication tower or facility within the city.

Backhaul provider shall mean a fiber-optic network connecting cell sites to each other and to the control center, and then to a conventional telephone network.

Building mounted antenna shall mean any antenna, as defined herein, directly attached or affixed to a building or structure. The building mounted antenna shall not be higher than twenty (20) feet above the roof, unless a conditional use permit is applied for and granted.

Camouflage tower shall mean man-made "trees," lighthouses, bell steeples, light poles, and similar alternative-design mounting structures which camouflage or conceal the presence of antennae or towers.

City-owned property shall mean all property and facilities which are solely owned by the city.

Collapse zone shall mean the designated area of a telecommunications facility surrounding a telecommunications tower, which, in the event of a structural failure of all or part of the telecommunications tower, would contain the failed or collapsed telecommunications tower.

Co-location shall mean the use of or the ability to use a common telecommunications facility for more than one telecommunications service provider, or more than one type of telecommunications technology by one provider.

Existing structure shall mean any building or other structure, other than a tower, which can be used for location of wireless telecommunications facilities.

Federal Communications Commission (FCC) shall mean the federal agency with the oversight of all aspects of communications, including broadcast radio, broadcast television, wireless telephone, cellular, radio, public safety and cable television.

Height, telecommunications tower shall mean the distance measured from the base (top of foundation) to the highest point of the tower. This measurement excludes any attached antennae, and lighting. Any part of the base which exceeds four (4) feet above grade shall be included in the height of the tower.

Monopole tower shall mean a telecommunications tower of a single pole design.

PCS shall mean personal communications service.

Person shall mean any individual, firm, partnership, corporation, association, governmental body or other legal entity.

Platform shall mean a support system that may be used to connect antennae and antenna arrays to telecommunications towers or alternative support structures.

Private mobile service shall mean a radio communication service that is not a commercial mobile service or the functional equivalent of a commercial mobile service, as specified by the Federal Communications Commission (FCC). This term shall also include aviation and emergency services.

Public communication facility shall mean a telecommunication facility owned, operated or used by a public entity solely for any of the following services: public education, parks and recreation, fire and police protection, public works and general government.

Residential zoning district shall have the same meaning as the terms "single family residential district" and "multiple family residential district" in sections 4.1(a) and (b) of the zoning code.

Right-of-way shall mean the surface and the space above and below any strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied or is occupied by a public street, sidewalk, road, alley, utility lines or pipes, including under or along bridges, located in the city.

Satellite dish antenna shall mean parabolic or spherical antennae whose diameter or width exceeds one (1) meter in residential zoning districts or two (2) meters in nonresidential zoning districts.

Screening shall mean a solid enclosed fence six (6) feet in height surrounding the base of the tower and its telecommunications equipment building and a continuous evergreen hedge, preferably native and salt-tolerant, or other plantings as approved by the city. When mature, such plantings shall be at least the height of the fence and satisfactorily maintained at all times.

Telecommunications equipment shall mean antennae, towers, satellite dishes and other communications devices and/or equipment which are used for transmitting, receiving, or relaying communications signals, except such equipment as has been preempted from regulation by the Telecommunications Act of 1996.

Telecommunications equipment building shall mean the telecommunications support facility structure located on a tower site which houses the electronic receiving and relay equipment.

Telecommunications facility shall mean a facility, site, or location that contains telecommunications equipment.

Telecommunications tower shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennae, including camouflage towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone and PCS towers.

Utility pole mounted antenna shall mean an antenna attached to or upon an existing or replacement electric transmission or distribution pole, street light, traffic signal, athletic field light or other approved similar structure.

(Ord. No. 618, § 4, 8-3-98)

All applications for a telecommunication facility must contain the following information.

(1)

Plot plan which shows all structures and identifies land usage within five hundred (500) feet of the property boundary of the telecommunication facility.

(2)

A written report including a description of any tower proposed with technical reasons which supports its design in relation to its proposed site.

(3)

Documentation establishing the structural integrity of the tower or the structure on which the antenna is to be mounted.

(4)

General capacity of the proposed tower design and the information necessary to assure that American National Standards Institute (ANSI) standards are met.

(5)

A statement of intent on whether co-location space will be available and information regarding proposed co-locators.

(6)

Proof of ownership of the proposed site or proof of authorization to utilize it including copies of any lease agreements.

(7)

A review deposit of two thousand five hundred dollars ($2,500.00). All work performed by city employees and city consultants directly and reasonably attributable to review of a telecommunication facility application shall be paid by the applicant. Fees will be based upon the hourly rate of pay of each employee performing the work multiplied by the number of hours worked multiplied by thirty-three and seventeen-hundredths (33.17) percent except for the city attorney and consultant review time which will be charged at actual cost to the city. Any balance due over the established deposit amount will be billed. Any amount under the deposit amount will be refunded.

(8)

Copies of any easements necessary.

(9)

The fiber optic network, if any, utilized by the facility and the names and addresses of the back haul providers.

(10)

All structures shall be designed to meet or exceed the standards established by the Standard Building Code and the city's building code.

(11)

Plans must be sealed by a professional engineer registered in the state.

(12)

Copies of all approvals issued by other agencies with jurisdiction including but not limited to FCC and FAA.

(13)

Those telecommunication facilities which are required to obtain a conditional use permit must also comply with the requirements of Article XV of the city's zoning code.

(Ord. No. 618, § 4, 8-3-98)

The following use regulations shall apply to telecommunication facilities:

(1)

Telecommunication facilities may be permitted as a conditional use in the public, office, commercial and industrial zoning districts as established in the zoning code; provided, however that building mounted antennae as defined herein are allowed as permitted uses in the public, office, commercial, and industrial zoning districts provided the requirements of this article are met.

(2)

Public communication facilities are allowed as permitted uses on city-owned property and in the public zoning district, provided, however, that the requirements set forth in sections 17.3, 17.6, 17.9, 17.13 and 17.14 are met.

(Ord. No. 618, § 4, 8-3-98)

No new telecommunication tower shall be permitted unless the applicant demonstrates that no existing tower or structure regardless of whether it is located within the city can accommodate the applicant's proposed antenna. All evidence submitted shall be signed and sealed by appropriate licensed professionals or qualified industry experts. Evidence submitted to demonstrate that no existing tower or structure can accommodate the proposed antenna shall consist of one or more of the following:

(1)

That no existing towers or suitable alternative structures are located within the geographic antenna placement area required to meet the applicant's engineering requirements.

(2)

That existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

(3)

That existing towers or structures do not have sufficient structural strength to support the applicant's antenna and related equipment.

(4)

That the applicant's proposed antenna(s) would cause electromagnetic interference with the antennae on the existing towers or structures, or the antennae on the existing towers or structures would cause interference with the applicant's proposed antenna.

(5)

That the cost or contractual provisions required by the tower owner to use an existing tower or structure or to adapt an existing tower or structure for shared use are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(Ord. No. 618, § 4, 8-3-98)

The following standards shall apply to approval of all telecommunication facilities.

(1)

The applicant shall demonstrate, using the latest technological evidence, why the antenna or tower must be placed in a proposed location in order to serve its necessary function in the company's grid system. Part of the demonstration shall include a drawing showing the boundaries of the area around the proposed location which would also permit the antenna to function properly in the company's grid system. The area shall be considered the allowable zone.

(2)

The applicant shall demonstrate that the telecommunication tower is no higher than necessary to function satisfactorily and to accommodate the co-location requirement. All towers shall be designed to accommodate the co-location of other telecommunication antennae as follows:

(a)

For towers up to one-hundred fifty (150) feet in height, the tower and telecommunication equipment building shall be designed to accommodate at least two (2) providers; and

(b)

For towers greater than one-hundred fifty (150) feet in height, the tower and telecommunication equipment building shall be designed to accommodate at least three (3) providers.

(3)

Telecommunication towers shall be monopole construction unless it is demonstrated that another type of tower is required for safety purposes.

(4)

All telecommunication towers shall be fitted with anti-climbing devices as approved by the manufacturers.

(5)

If the installation and/or the operation of any telecommunication facility is determined by the city commission, to be inherently dangerous, or a demonstrable health hazard, the facility shall be declared to be a nuisance and all operation thereof shall cease. This provision shall be applicable to telecommunication facilities located in the city prior to adoption of this ordinance.

(6)

Screening shall be required around the telecommunication facility unless the antenna is mounted on an existing structure.

(7)

The applicant shall demonstrate that the proposed tower and its antennae are safe and that the surrounding properties will not be adversely affected by tower failure, falling debris, electromagnetic fields or radio frequency interference. However, if a specific safety issue in question is determined to be regulated by either FCC regulations and the operation or construction is in compliance with such regulations, then this requirement for safety shall be deemed to have been met.

(8)

Adequate parking shall be required for users of the tower and such maintenance personnel as normal operations require. If the site is not fully automated, the number of required parking spaces shall equal the number of employees working on the largest shift.

(9)

The owner of property used as a telecommunication facility shall maintain such property and all structures in good condition and free of trash, outdoor storage, weeds and other debris.

(Ord. No. 618, § 4, 8-3-98; Ord. No. 2024-04, § 2, 11-18-24)

Any owner of a telecommunication facility shall be required to notify the city of its intent in writing within thirty (30) days of any transfer, merger or change of ownership. The new owner must fully comply with all provisions of this article and acknowledge in writing acceptance of the conditional use permit.

(Ord. No. 618, § 4, 8-3-98)

The owner of each company operating a telecommunications facility must provide current information on the facility by the first of October each year by filing an annual report and paying a registration fee of five hundred dollars ($500.00). This annual registration process consists of providing a list of all users of the telecommunications facility with names, addresses and phone numbers of responsible management personnel. Each user shall provide the city with a copy of each user's license with the FCC. Each telecommunication facility must submit annual registration separately. No approval will be granted to any annual report unless proof of current FCC license is provided. All owners of telecommunication facilities must also obtain an occupational license from the city.

(Ord. No. 618, § 4, 8-3-98)

The provision of this section shall govern the design and construction of all telecommunication towers, and the installation of all antennae, governed by this article.

(1)

Towers and/or antennae shall either maintain a galvanized steel or concrete finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

(2)

The design of all telecommunication equipment buildings, towers, and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and building environment.

(3)

For antennae installed on a structure other than a tower, the antenna and supporting electrical and mechanical ground equipment shall be of a neutral color so as to make the antenna and related equipment visually unobtrusive.

(4)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

(5)

No signage or other identifying markings of a commercial nature shall be permitted upon any tower or antennae within the city.

(Ord. No. 618, § 4, 8-3-98)

The following setbacks and separation requirements shall apply to all telecommunication towers and facilities.

(1)

Towers shall be setback a distance equal to one (1) foot for every foot of tower height to any public right-of-way or property line of the lot or parcel containing the tower. The city commission may reduce this setback upon a showing that the collapse zone is less than this distance, however, in no event can the setback be less than the minimums established for the zoning district in which the tower is located.

(2)

Telecommunication equipment buildings shall meet the setback requirements of the zoning district in which it is located.

(3)

Towers which are one-hundred fifty (150) feet or greater in height shall not be located closer than fifteen hundred (1,500) feet from any existing tower that is one hundred (100) feet or greater in height. Towers which are one hundred (100) feet or greater in height shall not be located closer than one thousand (1,000) feet from any other tower.

(4)

Antennae which are mounted on existing structures (i.e. water towers or other tall structures) must meet the minimum setback requirements for the district in which the structure is located.

(Ord. No. 618, § 4, 8-3-98; Ord. No. 2024-04, § 2, 11-18-24)

Any tower or antennae for which a permit has been properly issued prior to the effective date of this article shall not be required to meet the provisions of this article except for sections 17.13 and 17.14. If an additional antennae is proposed to be co-located on a pre-existing tower, the screening and landscaping requirements of section 17.6(6) and 17.12 shall be met.

(Ord. No. 618, § 4, 8-3-98)

The following requirements shall govern landscaping surrounding all towers.

(1)

Where adequate vegetation is not present, telecommunication facilities shall be landscaped with a landscaped strip of plant materials which effectively screens the view of the tower and equipment building. Landscaped strips shall be a minimum of ten (10) feet in width and located outside the fenced perimeter of the facility. Landscaped strips shall satisfy the minimum design and planting requirements for buffers established in chapter 7 of the Code of Ordinances.

(2)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. Where natural vegetation around the perimeter of the site would provide an adequate visual screen, this area may be utilized to provide the required buffer.

(Ord. No. 618, § 4, 8-3-98)

All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennae. If such standards and regulations are changed, the owners of the towers and antennae governed by this article shall bring such towers and antennae into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations unless a more or less stringent compliance schedule is mandated by the controlling federal agency. Extensions may be granted by city commission upon a showing of good cause. Failure to bring towers and antennae into compliance with such revised standards and regulations shall constitute a violation of this ordinance are grounds for fines or revocation of the conditional use permit. After a public hearing, the city commission may remove the tower or antennae at the owner's expense. A lien may be placed on the property to recover said costs.

(Ord. No. 618, § 4, 8-3-98; Ord. No. 2024-04, § 2, 11-18-24)

To ensure the structural integrity of towers and antennae, the owner of a tower or antennae shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers and antennae that are published by the Electronic Industries Association, as amended from time to time. If a tower or antennae fails to comply with all applicable codes and standards, or constitutes a danger to persons or property, then upon receipt of written notice the owner, of the telecommunications facility, shall have fifteen (15) days to bring the facility into compliance with such standards. If the owner, fails to bring the facility into compliance within the fifteen (15) days, the city may remove the facility at the owner's expense. Prior to the removal of any facility, the city may consider detailed plans submitted by the owner, for repair of substandard facilities, and may grant a reasonable extension as determined by the city commission of the above referenced compliance period. A lien may be placed on the property to recover said costs.

(Ord. No. 618, § 4, 8-3-98; Ord. No. 2024-04, § 2, 11-18-24)

Cross reference— Liens generally, Ch. 2, Art. III, Div. 3.

(1)

Any owner of a telecommunication facility shall notify the city of its intent in writing of any cessation of business or discontinued use and the date such use will cease. If at any time the use of the facility is discontinued for ninety (90) days, the city may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) "Discontinued" shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, is unused or has ceased the daily activities or operations for which it is permitted. The facility's owner will receive written notice from the city, and be instructed to either re-activate the facility's use within thirty (30) days or dismantle and remove the facility. If reactivation or dismantling does not occur, the city shall schedule a public hearing to determine the action to be taken.

(2)

After such hearing has been provided, the city shall have the authority to initiate proceedings to either acquire the facility and any appurtenances attached thereto at the then fair market value, or in the alternative, order the removal of the facility and all appurtenances, at owner's expense. A lien may be placed on the property to recover said costs.

(3)

No telecommunications tower shall be constructed, replaced or altered without obtaining the applicable building permits.

(Ord. No. 618, § 4, 8-3-98)

Cross reference— Liens generally, Ch. 2, Art. III, Div. 3.

The applicant shall:

(1)

Maintain public liability and property damage insurance that protects the applicant and the city; naming the city and the city's officers and agents and employees as an additional insured. The insurance shall provide uninterrupted coverage of not less than five million dollars ($5,000,000.00) for personal injury to each person and five million dollars ($5,000,000.00) for each occurrence involving property damage, plus costs of defense. The policy shall provide that the insurance shall not be canceled or materially altered without thirty (30) days written notice first being given to the city.

(2)

Maintain on file with city a certificate of the insurance required by section (1) above. Failure to maintain insurance coverage or to provide proof of insurance shall constitute a violation of this article and grounds for fines and/or revocation of the conditional use permit.

(3)

Provide specific performance bond from a company authorized to do business in Florida to the city as guarantee of fulfillment of the owner's obligation to remove the telecommunication tower and facilities upon its abandonment or discontinuation of use. The amount of the bond shall be equal to the removal and disposal cost as certified by a cost estimate submitted by an engineer approved by the city. Failure to maintain such bond or to show proof of such bond upon request of the city shall constitute a violation of this article and shall be grounds for revocation of the conditional use permit. The performance bond may be invoked in accordance with the procedures set forth therein by the city upon a determination by the city commission that the tower has been abandoned and that the owner has failed to remove it as required by this article.

(4)

Provide a copy FCC's permits or a copy of documents showing the applicant has applied for a permit from the FCC showing their status as a telecommunications provider and/or carrier doing business as either a wireless, PCS or other telecommunications provider. The actual permit must be provided prior to a issuance of a certificate of occupancy by the city.

(5)

A copy of the finding from the FAA's aeronautical study determination regarding the proposed telecommunication tower siting.

(Ord. No. 618, § 4, 8-3-98; Ord. No. 2024-04, § 2, 11-18-24)