The regulations and requirements of this article establish general guidelines for the siting of wireless communications towers and antennas and are intended to accomplish the following purposes:

(1)

Promote the health, safety and general welfare of the public by regulating the siting of wireless communication facilities, including satellite earth stations;

(2)

Minimize the impacts of wireless communication facilities on surrounding areas by establishing standards for location, structural integrity and compatibility;

(3)

Encourage the location and collocation of wireless communication equipment on existing structures thereby minimizing new visual, aesthetic and public safety impacts, effects upon the natural environment and wildlife, and to reduce the need for additional antenna-supporting structures;

(4)

Accommodate the growing need and demand for wireless communication services;

(5)

Encourage coordination between suppliers of wireless communication services in the City of Parkland;

(6)

Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless service or to prohibit or have the effect of prohibiting personal wireless service in the city;

(7)

Establish predictable and balanced codes governing the construction and location of wireless communications facilities, within the confines of permissible local code;

(8)

Establish review procedures to ensure that applications for wireless communications facilities are reviewed and acted upon within a reasonable period of time and in compliance with all applicable federal and state laws;

(9)

Protection of the unique natural beauty and rural character of the town while meeting the needs of its citizens to enjoy the benefits of wireless communications services;

(10)

Enhance the ability of the providers of wireless communications services to provide to the community reliable wireless communications services based on best practices through an efficient and timely application process;

(11)

To comply with the requirements of Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, the Telecommunications Act of 1996 and F.S. § 365.172.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

As used in this division [article], the following words, terms and phrases when used in this division [article] shall have the meanings set forth below, and for the purpose of this article shall control over any other definitions contained in the city's Code of Ordinances. Words not defined shall be given their common and ordinary meaning.

Accessory use means a secondary use including a use that is related to, incidental to, subordinate to and subservient to the main use of the property on which an antenna and/or telecommunications tower is sited.

Amateur radio antenna means an antenna used to engage in amateur radio communications as licensed by the FCC and in accordance with federal law.

Antenna means a transmitting and/or receiving device mounted on a telecommunications tower, pole, building or structure and used in wireless communications services that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communications signals, including directional antennas such as panel and microwave dish antennas, and omni-directional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations.

Applicant means any party submitting an application within the meaning of this division [article].

Application means any proposal, submission or request to construct, operate, or maintain a telecommunications tower, equipment facility, wireless communications facility, or antenna within the city or to seek any other relief from the city pursuant to this division [article].

Array means a group of antennas that are either (i) mounted or side mounted on the rooftop of a building or rooftop structure(s); or (ii) directly or indirectly mounted on a telecommunications tower.

Attached wireless communication facility means an antenna or antenna array that is attached to an existing building or other existing non-tower structure, with any accompanying device which attaches it to the building, non-tower structure, transmission cables, and an equipment enclosure, which may be located either inside or outside of the existing building or non-tower structure. An attached wireless communications facility is considered to be an accessory use to the existing principal use on a site.

Broadcasting facility means any telecommunications tower or antenna built primarily for the purpose of broadcasting AM, FM or television signals.

Building Code means the Florida Building Code, as amended, the National Electrical Code, as amended, the National Electrical Safety Code, as amended, FCC regulations, as amended, and any other applicable federal, state, and local building codes.

Building-permit review means a review for compliance with building and related construction standards adopted by the city and does not include a review for compliance with land development regulations.

Carrier means a company licensed by the Federal Communications Council (FCC) that provides wireless services. A tower builder or owner is not a carrier unless licensed to provide personal wireless services.

City means the City of Parkland, Florida.

Collocation means the situation when a second or subsequent wireless provider uses an existing structure to locate a second or subsequent antenna or when the initial wireless provider uses an existing structure to locate a second or subsequent antenna. The term includes 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.

Commercial mobile radio services means, per section 704 of the Telecommunications Act of 1996, any of several technologies using radio signals at various frequencies to send and receive voice, data and video.

Equipment facility means a room, cabinet, shelter, pedestal, build-out of an existing structure, building, or similar structure used to house ancillary equipment for a telecommunications tower or antenna. Each such cabinet, shelter, or building shall be considered a separate equipment facility.

Eligible facilities means modification of an existing wireless tower or base station that involves:

•

Collocation of new transmission equipment; or

•

Removal of transmission equipment; or

•

Replacement of transmission equipment.

Eligible facilities request means a request or application to undertake or construct an eligible facility.

Essential services means those services provided by the city and other governmental entities that directly relate to the health and safety of its residents, including fire, police and rescue.

Existing structure means a structure that exists or a structure for which a building permit has been lawfully issued and is in effect at the time an application for permission to place an antenna on a structure is filed with the city. The term includes any structure that can structurally support the attachment of an antenna in compliance with applicable codes, excluding poles.

Extraordinary conditions means those conditions that occur subsequent to a hurricane, flood, or other natural hazard or subsequent to a defective finding on a previous inspection.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

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

Height means the distance measured from the ground level to the highest point of a telecommunications tower or other structure. For the purposes of measuring height, the base pad and all antennas or other attachments mounted on a structure shall be included in the measurements to determine overall height. Lightning arrestors, also known as lightning rods, shall not be included in the calculation of height.

Interference means the impairment of transmission or reception of any public safety communications, licensed frequencies or licensed radio frequencies within the city. This term embraces electrical interference in all of its forms, including, without limitation, co-channel interference, interference from inter-modulation products, and blanketing inference.

Historic building, structure, site, object, or district means any building, structure, site, object, or district that has been officially designated as a historic building, historic structure, historic site, historic object, or historic district through a federal, state or local designation program.

Land development regulations means any ordinance enacted by the city for the regulation of any aspect of development, including ordinances governing zoning, subdivisions, landscaping, tree protection, or signs, the city's comprehensive plan, or any other ordinance concerning any aspect of the development of land.

Lattice tower means a tapered structure broad at the base and narrower at the top consisting of cross-members and diagonal bracing and without guyed support.

Microwave dish antenna means a dish-like antenna used to link telecommunications sites together by wireless transmission and/or receipt of voice or data.

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

Nonresidential zoning district means any zoning district that does not allow dwelling units as a principal use, and includes portions of PUDs that are not approved for principal residential use.

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

Personal wireless services means commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services, as defined under federal law, 47 U.S.C. § 332(c)(7)(C), or as this definition may be amended from time to time, and includes, but is not limited to, cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio, and paging service. Personal wireless services shall not be considered as essential services, public safety telecommunications, public utilities or private utilities.

Pole or utility pole means any utility, electricity, telephone, power or light pole, erected for the purpose of and providing such services, other than any such pole owned by the city.

Pre-existing tower means a telecommunications tower for which a building permit has been properly issued prior to the effective date of this article, including permitted telecommunications towers that have not yet been constructed so long as such approval is current and not expired.

Preferred zoning districts means the zoning districts identified within this article in which the city provides a preference for the installation of wireless communications facilities.

Public safety communications means any and all non-public wireless communications systems providing services exclusively to and from police, fire, and other emergency services operating within the city.

Public rights-of-way or ROW means a public right-of-way, public utility easement, highway, street, bridge, tunnel, pier, waterway, dock, wharf, court, lane, path, or alley or any other property for which the city is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface to the extent the city holds a property interest therein. "Public rights-of-way" shall not include private property. "Public rights-of-way" shall not include any real or personal property except as described above and shall not include city buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way.

Roofline means the highest 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 buildings.

Rooftop means the exterior surface on the top of a building or structure.

Search area means the geographic area in which a wireless communications facility must be located in order to provide, at a minimum, designed service coverage, through an affidavit by a radio frequency engineer or other such appropriate technical expert. The search area includes that initial circular area which has a diameter of no less than one (1) mile designated by a wireless provider or operator for a new tower. The search area shall be determined based upon engineering considerations including grids, frequency coordination and levels of service consistent with good engineering practices.

Setbacks mean the minimum required distance from the telecommunications tower or equipment facility to the property line of the parcel on which the wireless communications facility is located.

Service provider means any person or business entity that has located or is wishing to locate a telecommunications tower or antenna within the city limits to support or to provide personal wireless services.

State means the State of Florida.

Stealth facility or tower or stealth means any wireless communications facility or tower or pole or antenna that is disguised, hidden, part of proposed or existing structure, or placed within a proposed or existing structure in a manner that makes it not readily identifiable as a wireless communications facility or designed to blend into the surrounding environment. Examples of such facilities would include, but are not limited to, architecturally screened roof mounted antenna, building-mounted antenna painted to match the existing structure, antenna integrated into architectural elements, a bell tower, spire, flagpole, etc., or other similar structures.

Substantial change means:

•

The mounting of a proposed antenna on the tower that would increase the existing height of the tower by more than ten (10) percent or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this definition if necessary to avoid interference with existing antennas; or

•

The mounting of a proposed antenna that would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable.

•

Notwithstanding the above, any change to a stealth antenna or stealth tower which would no longer cause the antenna or tower to be a stealth antenna or tower would be considered a substantial change.

Telecommunications Act means the Telecommunications Act of 1996, Pub. L No. 104-104, codified at 47 U.S.C., and as may be amended from time to time.

Telecommunications tower or tower means any structure, and support thereto, designed and constructed or proposed to be used primarily for the purpose of supporting one (1) or more antennas intended for transmitting or receiving personal wireless services, telephone, radio and similar communication purposes, including stealth, monopole, and guyed towers. The term includes radio and television transmission telecommunications towers, microwave telecommunications towers, common-carrier telecommunications towers, and cellular telephone telecommunications towers, among others. Poles are only a support structure and are not a telecommunications tower.

Whip antenna means a cylindrical antenna that transmits signals in three hundred sixty (360) degrees.

Wireless communications facility means any equipment or facility used to provide personal wireless service and may include, but is not limited to, antennas, towers, equipment facility, cabling, antenna brackets, and other such equipment. Placing a wireless communications facility on an existing structure does not cause the existing structure to become a wireless communications facility. It also means personal wireless services facilities, as defined under federal law, 47 U.S.C. § 332(c)(7)(C), as this definition may be amended from time to time, and includes, but is not limited to, antennas and radio-transmitting telecommunications towers, and associated facilities used to transmit telecommunications signals. Poles are only a support structure and are not a wireless communications facility. An open video system is not a wireless communications facility to the extent that it provides video services; a cable or video system is not a wireless communications facility to the extent that it provides cable or video services.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

To the extent permitted by applicable federal and state law, all new wireless communications facilities shall comply with these regulations. To the extent permitted by applicable federal and state law and as set forth below, these regulations shall apply to the reconstruction or modifications of existing facilities.

B.

Pre-existing telecommunications towers or antennas shall not be required to meet the requirements of this ordinance [article], other than the specific requirements set forth in this article for such facilities; further certain eligible facilities shall be subject to special treatment as set forth herein.

C.

Broadcasting facilities/amateur radio station operators/receive only antennas. This article shall not govern any broadcasting facility or a wireless communications facility owned and operated by a federally-licensed amateur radio station operator or which is used exclusively for receive only antennas; however, requests for placement of an amateur radio antenna in the city shall be processed in accordance with applicable law.

D.

Pending applications. This article shall apply to pending applications for wireless communications facilities, as defined herein unless prohibited by applicable law.

E.

Not essential services. The providing of personal wireless services and the siting and construction of wireless communications facilities shall be permitted pursuant to this article and shall not be permitted as essential services or public safety telecommunications as defined herein.

F.

Except for matters herein specifically reserved to the city commission, the city manager shall be the principal city official responsible for the administration of this article. The city manager may delegate any or all of the duties hereunder unless prohibited by applicable law.

G.

AM array. For purposes of implementing this article an AM array, consisting of one (1) or more tower units and supporting ground system which functions as one (1) AM broadcasting antenna shall be considered one (1) tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

H.

An applicant must submit an application and pay the applicable fees as set forth herein or as may be modified by the city commission by resolution or ordinance.

I.

Exemptions:

a.

Emergency wireless telecommunication owned by the city, or other public agency and used wholly or in part for the public safety or emergency communication purposes;

b.

Antennas used solely for broadcast radio or television reception as an accessory use to a home or business.

c.

Antennas legally operated by FCC-licensed amateur radio operators as an accessory use to a home or business.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Nothing contained herein shall be construed to require information on or an evaluation of a wireless provider's business decisions about its service, customer demand for its service, or quality of its service to or from a particular area or site, unless the wireless provider voluntarily offers this information to the city. These regulations shall not be construed to require information on or evaluation of the wireless provider's designed service unless the information or materials are directly related to an identified land development or zoning issue or unless the wireless provider voluntarily offers the information. The city's review shall however provide for a full review of all appropriate land development and zoning regulations applicable to the proposed facility. For said purpose the following application requirements shall be applicable and shall be required for the city development review.

A.

Unless exempted from these requirements, or specifically provided otherwise herein, as set forth below, or as otherwise required by state or federal law, permits shall be required for the installation of wireless communications facilities, including, but not limited to, telecommunications towers and modifications thereto.

B.

In addition to the submission requirements for an application for site plan review pursuant to section 40-10, site plan requirements, and as may be provided by any other provision of the land development code, the following information must be included in all applications, including applications for installations of telecommunications towers or modifications thereto:

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Application and approval criteria for attached wireless communications facilities: An attached wireless communications facilities shall undergo administrative site plan review in the manner set forth in below and shall also include community appearance review; provided that the requirements contained herein, shall be supplemental to any such review requirements and the application shall demonstrate compliance with each and every requirement set forth in this subsection and in section 150-100, standards for antennas, with respect to the antennas to be employed; therefore, in addition to the administrative site plan review requirements set forth in the land development code, the application shall address each and every requirement listed in this subsection and in section 150-100, standards for antennas. For a proposed attached wireless communications facility to be approved, it shall meet the approval criteria, set forth below. Collocations meeting the requirements set forth in section 150-60, collocations, subsection 2. shall be governed by the requirements provided for therein. Unless otherwise permitted as set forth in section 150-80, development, zoning, building, and inspection standards and requirements for wireless communications facilities, subsection 6., attached wireless facilities shall not be permitted in residential or agricultural districts.

1.

For a proposed attached wireless communications facility to be approved, it shall meet the approval criteria, set forth below.

a.

Height.

1.

For buildings in excess of sixty (60) feet in height, the antenna, antenna array, attachment device, equipment enclosure and/or any ancillary equipment located on the rooftop of the building shall not extend above the highest point of the building by more than twenty (20) feet if a stealth antenna and ten (10) feet if a non-stealth antenna; for buildings more than fifty (50) feet in height but less than sixty (60) feet in height they may not extend above the highest point of the building by more than ten (10) feet if a stealth antenna and eight (8) feet if a non-stealth antenna; and

2.

For buildings or non-tower structures less than fifty (50) but more than thirty-five (35) feet in height the antenna, antenna array, attachment device, equipment enclosure and/or any ancillary equipment shall be stealth and shall not exceed the height of the structure by more than eight (8) feet. No antennas shall be permitted on buildings or non-tower structures less than thirty-five (35) feet in height.

3.

For attached wireless communication facilities, which are attached to a building and not located on the rooftop of the building, the antenna shall be a stealth antenna and shall be located at least forty (40) feet above the ground.

b.

Construction. Attached facilities may have a monopole type construction only; and

c.

Color. No attached antenna or antenna arrays, equipment enclosures and ancillary equipment shall be visible from outside the building where they are located unless the applicant demonstrates that a different location is required to provide the designed level of service. The antenna and support structure shall be painted so as to blend in with the building or structure where they are placed or enclosed within a building; and

d.

Screening and placement.

1.

Attached wireless communications facilities on a building rooftop shall, to the extent physically feasible, be screened by a parapet or other device so as to minimize its visibility as measured from the boundary line of the lot of record (as differentiated from lease parcel) on which it is located. Attached facilities shall be placed in the center of the building where reasonably possible so as to further minimize visual impact and may not occupy more than twenty-five (25) percent of the roof top unless the applicant demonstrates to the reasonable satisfaction of the city that such placement is not feasible for the provision of services; and

2.

An attached wireless communications facility shall only be permitted in nonresidential and nonagricultural zoning districts. Attached wireless communications facilities are prohibited in residential zoning districts except as may be allowed pursuant to section 150-80, development, zoning, building, and inspection standards and requirements for wireless communications facilities, subsection 6., and portions of planned unit development districts approved for residential use with the limited exception of buildings in residential zoning districts with a height of at least fifty (50) feet and only where the antenna is located on the roof of the building and shall either be a stealth antenna or screened from view from the ground and, in any case, may not exceed the height of the building by more than ten (10) feet.

3.

Where the attached wireless communications facility is not located on a building, it shall be a stealth antenna and shall not exceed the structure upon which it is located by more than ten (10) percent of the height of the structure.

e.

[Permitted signage.] The only signage that is permitted upon an antenna-supporting structure, equipment enclosures, or fence (if applicable) shall be informational, and for the purpose of identifying the antenna-supporting structure, (such as ASR registration number) as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable). If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large, bold, high contrast letters (minimum height of each letter: four (4) inches) the following: "HIGH VOLTAGE—DANGER."

f.

[Monopole type construction.] The antenna-supporting structures shall have a monopole type construction only, and shall not be guyed or have a lattice type construction.

g.

[Design requirements.] The entire antenna-supporting structure and all appurtenances shall be designed pursuant to the wind speed design requirements of ASCE 7-95, including any subsequent modification to those specifications. And the attachment shall similarly withstand such wind speed design requirements. A certification by an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law to these facts shall be provided by the applicant.

h.

[Illumination.] The antenna-supporting structures shall be illuminated in accordance with FAA requirements to provide aircraft obstruction lighting, where required. Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e. the longest duration between flashes) allowable by the FAA. No other structure lighting shall be permitted except that required by the FAA.

B.

Submittal requirements for attached wireless communications facility applications:

1.

For a proposed attached wireless communication facility application to be considered complete, in addition to the requirements for administrative site plan review, it shall contain the following:

a.

Dimensions of the proposed antenna specified for all three (3) directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment facilities and security barrier, if any; and

b.

A description of the height of the building or non-tower structure, the dimensions of the surface of the antenna mounting area, the size of the antenna, a description of the mounting and support structures;

c.

A visual impact analysis, with a minimum of two (2) photo digitalization or photographic superimpositions of the pre-existing tower and proposed antenna within the subject property. The photo digitalization or photographic superimpositions shall be provided for all attachments, including: the antennas, mounts, equipment facilities, any other equipment necessary to install and operate the antenna and security barrier, if any, for the total height, width and breadth, as viewed from distances of two hundred fifty (250) feet and five hundred (500) feet or at other points agreed upon in a pre-application conference;

d.

Prior to issuance of a building permit, a statement by an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law specifying the design structural failure modes of the proposed facility;

e.

Other information necessary to demonstrate compliance with the criteria set forth herein.

2.

Certification from an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law and the applicant that the structure or rooftop to which the facility will be attached has the structural capability to accommodate such attachment, in accordance with the provisions of the current Florida Building Code and that the facility shall not cause interference with any City of Parkland public safety transmissions.

3.

Attached wireless communications facility applications shall undergo administrative site plan review only.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

No collocation shall be permitted except after review and approval by the city as set forth herein. The following information must be included in collocation applications (except for eligible facilities requests) which do not meet the criteria set forth in subsections B., and C. below:

1.

An engineering report, from an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law, and with experience with radio frequency and wireless communications facilities that shall include:

a.

A statement of compliance with this article and all applicable building codes, associated regulations and safety standards as provided herein. The statement shall include certification that the existing structure can support the load superimposed from the antenna(s).

b.

The type of antenna and specifics of design including, if appropriate, the following:

1.

Equipment brochures for the proposed antenna such as manufacturer's specifications or trade journal reprints. These shall be provided for the antennas, mounts, equipment facilities, cables as well as cable runs, and security barrier, if any;

2.

Materials of the proposed antenna specified by generic type and specific treatment (i.e., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment facilities, cables as well as cable runs, and security barrier, if any;

3.

Colors of the proposed antenna represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment facilities, cables as well as cable runs, and security barrier, if any;

4.

Dimensions of the proposed antenna specified for all three (3) directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment facilities and security barrier, if any; and

5.

A visual impact analysis, with a minimum of two (2) photo digitalization or photographic superimpositions of the pre-existing tower and proposed antenna within the subject property. The photo digitalization or photographic superimpositions shall be provided for all attachments, including: the antennas, mounts, equipment facilities, any other equipment necessary to install and operate the antenna and security barrier, if any, for the total height, width and breadth, at a distance of two hundred fifty (250) feet and five hundred (500) feet from a property within that range, as required for community appearance board review, or at other points agreed upon in a pre-application conference.

c.

Current wind-loading capacity and a projection of wind-loading capacity using different types of antennas as contemplated by the applicant. No tower shall be permitted to have its wind loading capacity lower than as provided for by the Florida Building Code.

2.

If applicable, a signed affidavit from the landowner or tower owner that an executed lease agreement with a service provider for placement of the wireless communications facility collocation exists or will be executed upon approval of the application, and where the wireless communications facility will be collocated; and

3.

Additional information that the city may request, consistent with this chapter, article, and applicable law, to process the application. In the event the city requests any additional information, the time in which an application is processed shall be tolled pending receipt and further evaluation.

B.

Collocations on towers, including nonconforming towers are subject only to building permit review, which may include a review for compliance with this section, if they meet the following requirements:

1.

The collocation does not increase the height;

2.

The collocation does not increase the ground space area, commonly known as the compound, approved in the site plan for equipment facilities and ancillary facilities, except as allowed under this subsection D., below; and

3.

The collocation consists of antennas, equipment facilities, and ancillary facilities that are of a design and configuration consistent with all applicable regulations, restrictions, or conditions, if any, applied to the initial antennas placed on the tower and to its accompanying equipment facilities and ancillary facilities and, if applicable, applied to the tower supporting the antennas. Such regulations may include the design and aesthetic requirements, but not procedural requirements, other than those authorized by this section, of the applicable land development regulations in effect at the time the initial antennas placement was approved.

4.

Such collocations are not subject to any design or placement requirements of land development regulations in effect at the time of the collocation that are more restrictive than those in effect at the time of the initial antennas placement approval, to any other portion of the land development regulations, or to public hearing review. Such collocation applications are not subject to the city commission's approval and shall be decided by the city manager or designee.

C.

Applications for collocation (other than on towers). Except for a historic building, structure, site, object, or district, the following collocation applications on all other existing structures shall be subject to no more than administrative review for compliance with this section and building permit standards if they meet the following requirements:

1.

The collocation does not increase the height;

2.

The collocation does not increase the existing ground space area by more than twenty-five (25) percent, otherwise known as the compound, if any, approved in the site plan for the equipment facility and ancillary facilities. The city manager shall require a new landscape plan for the expanded ground space area indicating, at a minimum, compliance with the previous conditions of approval or buffer requirements at the time the previous landscape plan or buffer was approved.

3.

The collocation consists of antennas, the equipment facility and ancillary facilities that are of a design and configuration consistent with any applicable structural or aesthetic design requirements and any requirements for location on the structure in effect at the time of approval of the structure, but not prohibitions or restrictions on the placement of additional collocations on the existing structure or procedural requirements, other than those authorized by this section of the article at the time of the collocation application; and

4.

The collocation consists of antennas, the equipment facility and ancillary facilities that are of a design and configuration consistent with all applicable restrictions or conditions, if any, that do not conflict with subsection 3. and were applied to the initial antennas placed on the structure and to its accompanying the equipment facility and ancillary facilities and, if applicable, applied to the structure supporting the antennas.

D.

If only a portion of the collocation does not meet the requirements of any of the above subsections, such as an increase in the height or a proposal to expand the ground space approved in the site plan for the equipment facility by more than ten (10) percent, where all other portions of the collocation meet the requirements of this subsection, that portion of the collocation only, may be reviewed by the city commission after review and recommendation by the planning and zoning board, as applicable. A collocation proposal under this subsection that increases the ground space area, otherwise known as the compound, approved in the original site plan for equipment facilities and ancillary facilities by no more than a cumulative amount of four hundred (400) square feet or fifty (50) percent of the original compound size, whichever is greater, shall require no more than administrative site plan review for compliance with the city's regulations, including, but not limited to, land development regulations review, and building permit review; provided, however, that any collocation proposal that increases the original compound size more than such greater cumulative amount shall be reviewed as if it were a new wireless communications facility.

E.

The replacement of or modification to a wireless communications facility, except a tower, that results in a wireless communications facility not readily discernibly different in size, type, and appearance when viewed from ground level from surrounding properties, and the replacement or modification of equipment that is not visible from surrounding properties, all as reasonably determined by the city manager or his designee, shall require submittal of a building permit for approval by the city. This requirement shall not supersede any lease agreement between a service provider and landowner, including the city.

F.

The owner of the pre-existing tower on which the proposed antennas are to be collocated shall remain responsible for compliance with any applicable condition or requirement of a permit or agreement, or any applicable condition or requirement of the land development regulations to which the pre-existing tower must comply, including any aesthetic requirements, provided the condition or requirement is not inconsistent with this section.

G.

Collocations not meeting the requirements set forth in subsections B. and C. above shall undergo administrative site plan review and community appearance review and shall meet the standards and additional requirements below and the applicable building codes.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

All applications shall be accompanied by the applicable nonrefundable filing fee as follows:

1.

Filing fee.

a.

An application shall be accompanied by a nonrefundable filing fee in the following amount:

1.

New telecommunications tower or equipment facility .....$1,500.00

2.

Application for attached wireless facility .....$1,000.00

3.

Antenna array for collocation (other than those satisfying the criteria set forth in subsection 1 and 2 or which are eligible facilities) .....$750.00

b.

The application fees are in addition to any other fees imposed by the city's Code. The city commission may amend the amount of the filing fees from time to time by resolution. All appropriate building permit fees shall also be paid.

c.

Cost recovery. The purpose of the filing fee is to defray the city's costs in processing the application. All reasonable expenses incurred by the city in considering and processing the application, including, but not limited to, consulting and legal costs, shall be off-set from the filing fee. If, however, the expenses exceed the amount of the filing fee, to the extent not prohibited by applicable law, the applicant shall pay the difference within thirty (30) days of the date it receives notice of such additional expenses. If the additional fees are not received by the city within thirty (30) days of the date of notice, the city shall notify such applicant and the applicant shall pay an additional late fee at the rate of eighteen (18) percent per annum of the amount unpaid or underpaid, provided, however, that such rate does not exceed the maximum amount allowed under the applicable law. In such case, the rate will be the maximum allowed by law. If the city does not receive said fee in total within sixty (60) days of the date of notice, the city shall notify the applicant in writing and may revoke any approval. Cost recovery shall be administered pursuant to the provisions of sections 2-234—2-237 of the Code of Ordinances.

B.

The following procedures apply to construction of a new tower:

1.

The city manager or designee shall review the application for consistency with the city's comprehensive plan, land development regulations including this article, and compatibility of the proposed wireless communications facility with the surrounding neighborhood. For applications that are not subject to the city commission's approval pursuant to this article, the city manager or designee shall issue a written decision either granting or denying an application. The city manager or designee shall not grant an application for a proposed wireless communications facility that will interfere with any public safety communications, or is otherwise not in compliance with this article. In the event the city manager or designee denies an application, the city manager or designee shall set forth the reasons for denial in writing.

2.

Notification of completeness. The city manager or designee shall notify the applicant within twenty (20) business days after the date the application is submitted as to whether the application is, for administrative purposes only, properly completed and has been properly submitted in accordance with the requirements set forth above. However, such determination shall not be deemed as an approval of the application. Such notification shall indicate with specificity any deficiencies which, if cured, could make the application properly completed.

3.

In the event that the city manager or designee determines that a proposed wireless communications facility subject to the city commission's approval is not in compliance with this article, the city manager or designee may recommend that the city commission deny the application and shall set forth the reasons for denial in writing, in accordance with applicable law. Provided, however, that in the event a proposed wireless communications facility is not in compliance with one (1) or more requirements of this article, the city manager may recommend approval of the application if the city manager determines that the requested modification to the development standards of this article will not be detrimental to the city.

4.

After the city manager or designee has determined that the application is ready to be processed, the application shall be forwarded, as applicable, depending on the type of application, to the appropriate staff, the planning and zoning board, and the city commission pursuant to the requirements of this article, in accordance with applicable law. The city commission shall consider the application, the recommendation planning and zoning board, conduct a community appearance review where applicable, the city manager or designee's recommendation, and any additional evidence presented by the applicant, city staff and the public.

5.

Any decision of the city commission to deny an application shall authorize the city manager or designee to set forth in writing the city commission's reasons for the denial. It is the intent of this section to establish a procedure for compliance with the "written decision" and "substantial evidence" requirements of the Telecommunications Act, 47 U.S.C. § 332(c)(7)(B)(iii).

6.

The city shall grant or deny each properly completed application for a collocation based on the application's compliance with this article, applicable provisions of the City Code and any other applicable regulations, and within the normal timeframe for a similar building permit review but in no case later than forty-five (45) business days after the date the application is determined to be properly completed. This timeframe shall not apply to lease negotiations for collocation on city-owned property. Eligible facilities shall be subject to the requirements set forth in section 150-130, installations on municipal property.

7.

The city shall grant or deny each properly completed application for any other wireless communications facility based on the application's compliance with this article and any other applicable law, including, but not limited to, the City Code and within the normal timeframe for a similar type of review, but in no case later than ninety (90) business days after the date the application is determined to be properly completed. This timeframe shall not apply to lease negotiations for wireless communications facilities on city-owned property.

8.

An application is deemed submitted or resubmitted on the date the application is received by the city. If the city does not notify the applicant in writing that the application is not completed in compliance with the city's regulations within twenty (20) business days after the date the application is initially submitted or additional information resubmitted, the application is deemed, for administrative purposes only, to be properly completed and properly submitted. However, the determination shall not be deemed as an approval of the application. If the application is not completed in compliance with the city's regulations, the city shall so notify the applicant in writing indicating with specificity any deficiencies in the required documents or deficiencies in the content of the required documents which, if cured, would make the application properly completed. Upon resubmission of information to cure the stated deficiencies, the city shall notify the applicant, in writing, within the normal timeframes of review, but in no case longer than twenty (20) business days after the additional information is submitted, of any remaining deficiencies that must be cured. However, if applicant does not cure the application deficiencies within twenty (20) business days after receiving the notice of deficiencies, the application shall be considered withdrawn or closed unless an extension due to reasonable circumstances of the time to cure is requested by the applicant prior to the expiration of the twenty-day period and such extension is granted by the city manager.

9.

The timeframes specified above may be extended, only to the extent that the application has not been granted or denied, because the city's procedures generally applicable to all other similar types of applications require action by the city commission and/or planning and zoning board, and such action has not taken place within the specified timeframes. Under such circumstances, the city commission or planning and zoning board, as applicable, shall either grant or deny the application at its next regularly scheduled meeting, or, otherwise, the application shall be deemed automatically to be approved; accordingly, the city manager or designee may by letter to the applicant extend the timeframe for a decision until the next available scheduled meeting date of the city commission and/or planning and zoning board as to whether to grant or deny an application for a permit taken pursuant to this article.

10.

The city may request, but not require, a waiver of the timeframes by the applicant, except that, with respect to a specific application. The city may require a one-time waiver in the case of a declared local, state, or federal emergency that directly affects the administration of all permitting activities of the city.

11.

The city may enter into an entry and testing agreement with the wireless communications facility owner, applicant and/or operator, in a form approved by the city attorney, without approval of the city commission.

12.

Notwithstanding the foregoing, the city and an applicant may voluntarily agree to waive the timeframes set forth above.

13.

Appeal. If an application is denied by the city manager or designee for noncompliance with the requirements of this article then the applicant may appeal this decision to the city commission within ten (10) business days of the decision to be appealed. The appeal shall set forth the grounds for the appeal in writing. The city commission shall hear the appeal within fifteen (15) business days of its filing and rule on the appeal within three (3) days of the hearing on the appeal.

14.

Modification of development standards. If an applicant seeks a modification to the wireless communications facility development standards antenna, antenna array, attachment device, equipment enclosure and/or any ancillary equipment provided in this division, the applicant shall provide the nature of the specific relief sought and the legal or engineering justification to demonstrate that, without such relief, applicability of the regulations would have the effect of prohibiting the provision of reliable and feasible personal wireless services. The application shall be heard by the city commission within thirty (30) days of the day it is filed. There shall be no fee charged for seeking this relief except for payment of any expert the city is required to retain to review the request.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

General regulations. The standards listed in this section apply specifically to all antennas, towers and wireless communications facilities, except those owned by the city, located on property owned, leased, or otherwise controlled and approved by the city or as otherwise specified herein. The city reserves the right to modify or waive the requirements for use on public property. The city shall not be required to provide access to city property. Additional standards are set forth in section 150-90, standards for telecommunications towers, and section 150-100, standards for antennas, below and elsewhere in this article.

B.

The development, construction, maintenance and repair of wireless communications facilities are subject to the regulatory supervision of the city to the full extent permitted by applicable law and shall be performed in compliance with all laws, ordinances and practices affecting such facility including, but not limited to, zoning codes, building codes, and safety codes, and as provided in this article. Unless excepted herein or by applicable state or federal law, no application for development or construction of a wireless communications facility shall be approved by the city unless and until, pursuant to F.S. § 365.172(12)(b)(l), all applicable requirements relating to aesthetics, landscaping, land use based location priorities, structural design, setbacks, and all other applicable regulations have been addressed by the applicant and reviewed and approved by the city.

C.

All proposed telecommunications towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, including emissions standards, and any other agency of the local, state or federal government with the authority to regulate towers and antennas prior to issuance of a building permit by the city. If such applicable standards and regulations are revised and require that existing facilities adhere to such revised standards, then the owners of telecommunications towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within ninety (90) calendar days of the effective date of such standards and regulations, unless a different compliance schedule is established by the controlling agency or other applicable law. Failure to bring into compliance with such revised standards and regulations shall constitute grounds for the removal of the telecommunications tower, antenna or wireless communications facility at the owner's expense.

D.

To ensure the structural integrity of telecommunications towers installed, the owner shall construct and maintain telecommunications tower in compliance with the applicable building code, and all other applicable codes and standards. A statement shall be submitted to the city by an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law certifying compliance with this section upon completion of construction and/or subsequent modification. Where an existing structure or pole is requested as a stealth facility, the stealth facility, and all modifications thereof, shall comply with all requirements as provided in this article and all other applicable standards as may be amended from time to time.

E.

Inspections.

1.

The city reserves the right to conduct annual inspection of wireless communications facilities at the owner's expense, to ensure compliance with this article and other applicable codes and regulations. The city may conduct more frequent inspections of wireless communications facilities, should there be an emergency or extraordinary conditions.

2.

If, upon inspection, the city concludes that a wireless communications facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner, the owner shall commence work within thirty (30) calendar days to bring such wireless communications facility into compliance with such standards. Failure to bring such wireless communications facility into compliance within sixty (60) calendar days of notice, which may be extended up to ninety (90) days by the city manager if the owner is working in good faith to cure, shall constitute grounds for requiring the removal of the facility at the owner's expense.

3.

The city reserves the right to require additional inspections if there is evidence that a tower or a wireless communications facility has a safety problem or is exposed to extraordinary conditions.

F.

Wireless communications facilities in residential and agricultural zoning districts. The city prohibits the placement of a wireless communications facility in a residential zoning district unless the applicant demonstrates to the satisfaction of the city that it cannot reasonably provide its personal wireless service to the residential area or zone from outside the residential area or zone. In such a case, the city and the applicant shall cooperate to determine an appropriate location for a wireless communication facility of an appropriate design within the residential area or zone. The applicant shall reimburse any and all reasonable costs and expenses incurred by the city for this cooperative determination, including attorney's fees. Such application for cooperation shall be accompanied by an application fee in the same amount as for a new tower. The cooperation application shall not be subject to the timeframes contained in this article for granting and denying applications, but the city and the applicant shall cooperate to complete the review within a reasonable amount of time. In any case, even if required to be permitted, the tower shall be a stealth tower. This section does not prohibit attached wireless communication facilities on multifamily residential buildings to the extent permitted in section 150-50, attached wireless communications facilities.

G.

Hierarchy of zoning districts and siting alternatives. Development of a wireless communications facility shall be permitted in the following preferred zoning districts and in accordance with the following siting alternatives hierarchies.

1.

For towers, the preferred zoning districts order of ranking, including public rights-of-way in any such zoning district, is from highest one (1) to eleven (11). Where a lower ranked alternative is proposed, the applicant must demonstrate in its application that higher ranked options are not available. The availability of a less expensive lease on a lower ranked site is not sufficient in and of itself to justify using the lower ranked alternative where a higher ranked alterative is otherwise available.

a.

I-1 Industrial.

b.

C-R Commercial Recreation District.

c.

Utilities.

d.

CF, Community Facilities District.

e.

OS Recreation/Open Space.

f.

Office Park.

g.

B-3 District.

h.

B-2 District.

i.

B-1 District.

j.

PCD and PUD.

k.

All residential and agricultural districts*.

*

Towers are prohibited in all residential and agricultural districts except as provided in section 150-80, development, zoning, building, and inspection standards and requirements for wireless communications facilities, subsection F. above. Only stealth towers shall be permitted in such districts.

2.

The order of ranking for siting alternatives is from highest one (1) to lowest eight (8). Where a lower ranked alternative is proposed, the applicant must demonstrate in its application that higher ranked options are not available. The availability of a less expensive lease on a lower ranked site is not sufficient in and of itself to justify using the lower ranked alternative where a higher ranked alterative is otherwise available.

a.

Collocation on existing telecommunications towers or existing structures in a permitted zoning district.

b.

Placement of an antenna on an existing structure (or other collocation) in a permitted zoning district.

c.

New stealth tower.

d.

New telecommunications tower in a permitted zoning district.

e.

Any other installation in any other permitted zoning district.

H.

Unstaffed communication buildings and structures.

1.

Minimum setbacks. Unmanned communication buildings shall comply with the setback requirements applicable to buildings in the zoning district where such buildings are to be situated.

2.

Size limitations. Any unstaffed communication building shall be a permanent structure not to exceed three hundred (300) square feet in floor area, but may be up to four hundred (400) square feet in floor area if the city approves placement of a generator within such building.

3.

More than one (1) unstaffed communication building may be permitted on a site; provided, however, that the total square footage of such buildings, added together, does not exceed:

a.

One thousand two hundred (1,200) square feet if the wireless communications facility installation has the capacity to accommodate three (3) different users and provisions are made for a generator for each user on the site.

b.

One thousand six hundred (1,600) square feet if the wireless communications facility installation has the capacity to accommodate four (4) different users and provisions are made for a generator for each user on the site.

c.

Two thousand (2,000) square feet if the wireless communications facility installation has the capacity to accommodate five (5) different users and provisions are made for a generator for each user on the site.

4.

If the site contains more than one (1) building, any required distance separation between the buildings may be waived by the city manager or designee, except as may be prohibited by applicable life safety codes.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Minimum standards. Except where a modification to the wireless communications facilities development standards of this section is granted by the city commission as permitted herein, every telecommunications tower must meet the following minimum standards:

1.

All telecommunications towers eighty (80) feet or greater in height shall be designed and constructed with the capability of accommodating at a minimum two (2) different service providers.

2.

Should a telecommunications tower be permitted to be located in a residential district as a result of the process referred to in section 150-80, development, zoning, building, and inspection standards and requirements for wireless communications facilities, subsection F., the height of said tower located shall not exceed one hundred (100) feet and only stealth towers shall be permitted. Any telecommunications tower constructed in a residential area or residential zoning district shall be a stealth tower and shall be located no closer than three hundred (300) percent of the height of the telecommunications tower to any residential structure that exists or for which a building permit has been issued and is in effect at the time of construction of the telecommunications tower and shall be further limited as set forth in section 150-80, development, zoning, building, and inspection standards and requirements for wireless communications facilities, subsection F. above.

3.

The height of a telecommunications tower in and nonresidential zoning districts shall not exceed:

a.

One hundred (100) feet with the capacity of accommodating three (3) different antennas;

b.

One hundred twenty (120) feet with the capacity of accommodating four (4) different antennas.*

c.

One hundred forty (140) feet with the capacity of accommodating five (5) different antennas.*

* Must be a stealth tower.

4.

Telecommunications towers or antennas shall be approved by the Federal Aviation Administration (FAA) or other appropriate agency. Prior to the issuance of a building permit(s) by the city, the applicant shall provide evidence that any telecommunications towers or antennas are in compliance with 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.

All proposed wireless communications facilities shall comply with current radio frequency emissions standards of the FCC.

6.

All telecommunications tower sites must comply with the landscaping requirements as set forth herein. A wall six (6) feet in height constructed in accordance with the City Code, and as measured from the finished grade of the site, shall be required around the base of any tower and may be required around any accessory building or structures.

7.

The minimum required landscape buffering widths shall be consistent with the requirements set forth herein shall be installed around the entire outside perimeter of the concrete wall and/or buildings, encircling the leased premises on which said telecommunications tower shall be placed. Additional landscape buffer widths may be required by the community appearance board around the outside perimeter of the wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties. The city commission, upon site plan review, may require additional landscape buffer widths in excess of the above requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses. Landscaping shall be installed on the outside of the perimeter wall.

8.

The following landscaping shall be provided:

a.

A minimum row of large trees or large palms at least sixteen (16) feet in height, or one-half (½) the height taller than the wall, whichever is larger, at a maximum distance of twelve (12) to fifteen (15) feet apart, with ten-foot to twelve-foot tall smaller trees in between them shall be planted around the perimeter of the wall.

b.

A continuous branch-touching-branch hedge (full to the ground) shall fully screen all non-accessible portions of the wall to the height of the wall or tallest element (not tower) at installation. All gates must be opaque, color and type to be approved by staff.

c.

All landscaping shall be properly installed and maintained in accordance to the approved site plan and city code requirements to insure good health and viability. All missing, dead, damaged or diseased landscaping shall be replaced with like kind per approved plans or at the established grown heights of the existing landscaping (whichever is larger) within thirty (30) calendar days of notice.

d.

In locations where the impact of the wireless communications facility abuts residential properties the city commission, after review by the community appearance board, may require such additional landscaping as necessary to protect the aesthetics and minimize the impact of the surrounding area.

e.

The city commission, upon site plan review, may require additional landscaping in excess of the above requirements as deemed reasonably necessary in order to enhance compatibility with the adjacent residential and nonresidential land uses.

9.

Telecommunications towers shall only be located on parcels larger than two thousand five hundred (2,500) square feet.

10.

Warning signs for high voltage and trespassing.

a.

No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, but excluding warning signs, shall be allowed on any part of an antenna or tower. Any signs placed in violation of this section shall be removed immediately at the facility owner's expense.

b.

If high voltage is necessary for the operation of the telecommunications tower, associated equipment, or any accessory structures, "HIGH VOLTAGE—DANGER" warning signs shall be permanently attached to the fence or wall and spaced no more than forty (40) feet apart.

c.

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

d.

The height of the lettering of the warning signs shall be at least twelve (12) inches in height. The warning signs shall be installed at least five (5) feet above the finished grade.

e.

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

11.

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

12.

The minimum setbacks shall conform to the setbacks for buildings as set forth for zoning districts where the towers are situated. Additional requirements are set forth in this ordinance relating to setbacks and the more restrictive requirement shall apply where there is a difference between the zoning code and this ordinance [article].

13.

All telecommunication towers in nonresidential zoning districts shall be located no closer than two hundred (200) percent of the height of the tower from the closest residential zoning district, as measured on a straight line from the two (2) closest points between the nearest residential zoning district line and the nearest point of the proposed tower structure. Where the tower is in a residentially zoned district or within six hundred (600) feet of a residentially zoned district it shall be a stealth tower only; where the tower is more than six hundred (600) feet of but within one thousand (1,000) feet of a residentially zoned district it shall be either a monopole or stealth tower.

14.

Other than as provided for in section 150-80, development, zoning, building, and inspection standards and requirements for wireless communications facilities, subsection F. above, towers are prohibited in residentially zoned districts.

15.

The minimum distance separation between an existing tower and a proposed tower shall be no less than two thousand five hundred (2,500) feet as measured by a straight line between the bases of the towers. When a stealth facility or tower is proposed to be used by the applicant, or an existing tower or structure that serves another purpose, or a pole, then, in that event, the city manager or designee, may recommend a reduction in the minimum separation as set forth above up to fifty (50) percent of said minimum separation, provided that the proper landscaping and/or buffering is put in place at the direction of the city manager or designee after approval and/or recommendation by the community appearance board, the planning and zoning board, and the city commission, as applicable. The minimum separation between a telecommunications tower over thirty (30) feet in height from paved public rights-of-way shall be one hundred (100) percent of the tower's height.

16.

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.

17.

Each application for a wireless communications facility may be required to include written approval or a statement of no objection from other state agencies that may regulate wireless communications facility siting, design, and construction.

18.

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

a.

Remove its own facilities;

b.

Provide information satisfactory to the city manager or designee that the provider's obligations for its equipment in the public right-of-way or public easement or private property under this division [article] have been lawfully assumed by another provider; or

c.

Submit to the city manager or designee a proposal and instruments for transferring ownership of its equipment to the city for facilities located on city right-of-way or city property. If a provider proceeds under this clause, the city may, at its option:

1.

Assume ownership of the equipment with a ten-dollar nominal consideration, or

2.

Require the provider, at its own expense, to remove the equipment, or

3.

Require the provider to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the equipment. Equipment of a provider who fails to comply with the preceding paragraph and which, for twelve (12) months, remains unused shall be deemed to be abandoned. Abandoned equipment is deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to (i) abating the nuisance, (ii) taking possession of the equipment and restoring it to a useable condition, or (iii) requiring removal of the equipment by the provider or by the provider's surety under the bond required by herein. Telecommunications towers being utilized for other purposes, including, but not limited to, light standards and power poles, may be exempted from this provision.

19.

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. All accessory buildings or structures shall require a building permit issued by the building division and/or city manager or designee.

20.

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 non-contrasting gray, earth tones of appropriate shades of green, or such other colors as determined by the community appearance board.

21.

In the event a hurricane or any other weather warning is issued by the National Weather Service that may impact wireless communications facilities in the city, the city manager or designee may order a service provider to temporarily lower or secure, as applicable and feasible, any temporary, portable, or partially constructed wireless communications facilities until such time as the warning is canceled.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The standards set forth herein apply to all antennas.

A.

Antenna types. To minimize adverse visual impacts, stealth antenna types shall be preferred. If a non-stealth antenna is proposed, the application shall be required to demonstrate, in a technical manner acceptable to the city, why the stealth antenna (i.e. an antenna incorporated into the architecture of the building or tower or fully screened from view from sites proximate to the antenna) cannot be used for the particular application. This does not preclude a combination of the various types of antenna.

B.

Antenna dimensions. A statement shall be submitted, prepared by an engineer licensed to practice in the state or by an engineer exempt from such requirement under state law and competent to evaluate antenna choices, to certify the need for the required dimensions.

1.

Whip (omni-directional) antennas and their supports must not exceed fifteen (15) feet in height and three (3) inches in diameter and must be constructed of a material or color which matches the exterior of the building or structure to which it is attached.

2.

Microwave dish antennas located below sixty-five (65) feet above the ground may not exceed six (6) feet in diameter. Microwave dish antennas located sixty-five (65) feet and higher above the ground may not exceed eight (8) feet in diameter. Ground-mounted dish antennas must be located or screened so as not to be visible from abutting public streets or adjacent properties. Microwave antennas on rooftops shall be screened from view.

3.

No more than five (5) dish antennas shall be installed on a monopole tower on only one (1) dish antenna shall be permitted below sixty-five (65) feet unless the applicant can demonstrate that more are necessary at that level in order to meet designed service requirements.

C.

[Unstaffed equipment building dimensions.] Any related unstaffed equipment building shall not contain more than three hundred (300) square feet of gross floor area but may be up to four hundred (400) square feet in gross floor area if the city approves placement of a generator within such equipment facility, but should not be more than ten (10) feet in height;

D.

Aircraft hazard. Prior to the issuance of a permit by the city, the application shall provide evidence that the telecommunications tower or antenna is in compliance with 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.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Notwithstanding any other provisions of this section, the city shall not deny any eligible facilities' request for a modification to an existing wireless tower or base station which does not substantially change the physical dimensions of such tower or base station provided the procedure and requirements set forth in B. below are satisfied,

B.

In order to obtain approval under this subsection the applicant shall file an application on a form provided by the city and shall be obligated to demonstrate conclusively that the proposed modification satisfies the standards set forth above and that the modification shall meet all applicable building codes. The application shall provide an accurate visual representation of the effect of the proposed modification to the tower or the base station.

C.

The city shall act on any such request within forty-five (45) days of receipt of a completed application which satisfies the requirements set forth above.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

A service provider that desires to place or maintain a wireless communications facility in the public rights-of-way in the city shall first register with the city in accordance with subsection 105-20.D. Any wireless communications facilities subsequently constructed or installed shall comply with this article.

B.

No telecommunications towers or equipment facilities may be installed or placed in the ROW, with the exception that a stealth antenna may be placed on any pole that has already been installed or placed in the ROW with the consent of the pole owner, subject to the standards in this section provided the height of the stealth antenna does not extend more than eight (8) feet above the top of such pole. An existing pole may be modified, replaced or re-built in substantially the same location to accommodate a stealth antenna so long as the height of such pole is not increased by more than eight (8) feet from its existing height. Associated equipment facilities shall be placed as forth below. Modified, replaced or re-built poles including the stealth antennas shall not exceed twenty-five (25) feet above grade level.

C.

No telecommunications towers or equipment facilities shall be permitted on city-owned property with the exception of a stealth antenna on a pole permitted by the city in a license agreement approved at a public hearing noticed as provided herein. The city shall have no obligation to enter into a license agreement. The standards below for stealth antennas in the ROW shall apply to any license together with any additional conditions imposed by the city in the license agreement.

D.

Development standards.

1.

Stealth antennas to be installed in the ROW, including any accompanying equipment facilities, shall be subject to all requirements of this article and all site plan review and permitting requirements of the city.

2.

When installing a stealth antenna on a pole, any and all associated equipment facilities shall be placed in any of the following areas:

a.

Underground in the ROW; or

b.

On an adjacent property, with the consent of the property owner provided that all the wiring is underground and all setback requirements are met; or

c.

Above ground flush-mounted on the pole, provided the equipment facilities do not exceed the diameter or width of the pole at point of mounting, subject to review and approval by the community appearance board; or

d.

Equipment cabinets to service antennas placed in the rights-of-way of may be placed in proximity to the pole within the rights-of-way, but must be no larger than three (3) feet by three (3) feet by six (6) feet and must be designed, and/or screened to aesthetically conform to landscaping and building structures in the immediate vicinity of such installation and shall be partially buried or otherwise camouflaged in such a manner as the city manager or designee may dictate. Equipment cabinets shall be placed underground if it is not commercially impracticable to do so. Mini-cellular technology shall be used to eliminate the need for equipment cabinets on the ground where it is not commercially impracticable to do so. The placement of equipment cabinets shall not cause a conflict with other public and private utilities in such right-of-way and shall be located in a manner that will allow public and private utilities to share such right-of-way with such equipment cabinets.

3.

Before installing any stealth antenna on any pole already installed in the ROW, an applicant must complete the antenna application pursuant to this article and must also comply with the other applicable sections of this article. An application pursuant to this section shall not be deemed a collocation application.

4.

No antenna may be installed under this section until the applicant fully complies with all the indemnification and insurance requirements of this article.

5.

The city commission may grant a special exception to the prohibition on new poles to accommodate wireless communication facilities in cases where the applicant can demonstrate: the location of the utility poles is necessary to cover existing deficiencies in coverage or capacity and where it can demonstrate the collocation is not feasible, and that based on such showing, it has a right under existing state or federal law to locate a new pole within public right-of-way.

a.

Notwithstanding any federal or state requirements with respect to placement wireless communications facilities in the right-of-way, the city shall have the power to prohibit or limit the placement of new or additional communications facilities within the public rights-of-way if there is insufficient space to accommodate all of the requests to place and maintain facilities in that area of the public rights-of-way, for the protection of existing facilities in the public rights-of-way, or to accommodate city plans for public improvements or projects that the city determines are in the public interest and to the extent not prohibited by applicable law or where there the request will interfere with the public's use of the right-of-way, or where the facility would pose a threat to public safety.

b.

All wireless communications facilities shall be placed and maintained so as not to interfere in any material way with the use of the public rights-of-way by the public and so as not to cause materially interference with the rights and convenience of property owners who adjoin any of the public rights-of-way. The applicant shall endeavor to install all wireless communications facilities underground to the extent feasible; the height or size of any wireless communications facility shall be limited to the extent feasible. To the extent not inconsistent with public service commission regulations, the city may require the use of trenchless technology (i.e., directional bore method) for the installation of facilities in the public rights-of-way as well as joint trenching or the co-location of facilities in existing conduit. In making such requests, the city shall take into consideration several factors including inconvenience to the public and other users of rights-of-way and the economic and technical feasibility of such requests. The applicant shall be liable for the displacement, damage or destruction of any property, irrigation system or landscaping as a result of the placement or maintenance of its facility within the public rights-of-way. The applicant shall be required to site any approved facility to minimize the visual effect of the facility. The appropriate city official may issue such rules and regulations concerning the placement or maintenance of a communications facility in public rights-of-way as may be consistent with this article and other applicable law.

c.

Any tower or pole shall be stealth and shall not exceed twenty-five (25) feet in height.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Applications for a new telecommunications tower on property owned, leased or otherwise controlled by the city, except for public rights-of-way, shall require a license agreement approved by the city commission and executed by the city and the owner of the proposed wireless communications facility. The approval must be by resolution. This requirement shall not apply to collocations or ground space licenses where the ground space is less than four hundred (400) square feet. A license agreement for a new tower on municipal property shall only be effective if approved by the city commission after notice to all property owners within three hundred (300) feet of the parcel upon which the tower is to be located.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

To the extent not inconsistent with applicable federal law, all providers of personal wireless services and all owners and/or operators of wireless communications facilities, shall not cause interference with the operations of public safety communications services. Should any such interference occur, it shall be the responsibility of the owner of the wireless communications facility to rectify the interference immediately.

B.

To the extent not inconsistent with applicable law, if a provider of personal wireless services or the owner or operator of a wireless communications facility, refuses to stop the interference or to cease transmitting signals as required herein, the city may file a complaint with the FCC for resolution and/or seek an injunction against it pursuant to F.S. § 843.025, that makes it unlawful for any person to deprive a law enforcement officer of his or her radio or to otherwise deprive the officer of the means to summon assistance, or pursue any other remedy authorized by applicable law. Any person who is found to have violated this section shall be punished as provided by applicable law.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

A telecommunications tower that is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same telecommunications tower type as the existing telecommunications tower, unless the city allows reconstruction as a monopole pursuant to this section.

B.

An existing telecommunications tower may be modified or rebuilt to a taller height to accommodate an additional antenna. Such modification or rebuild of the telecommunications tower shall require the approval of the city commission. The new height shall comply with the requirements of this article.

C.

A telecommunications tower that is being rebuilt to accommodate an additional antenna and which requires movement on-site from its existing location shall require an application for a new tower. After the telecommunications tower is rebuilt to accommodate collocation, only one (1) telecommunications tower may remain on the site. A relocated onsite telecommunications tower shall continue to be measured from the original telecommunications tower location for purposes of calculating separation distances between towers pursuant to this section. The relocation of a telecommunications tower pursuant to this section shall not be deemed to cause a violation of the separation requirements contained herein.

D.

Modification of existing wireless communications facility. Minor modification of a wireless communications facility shall not require an additional approval so long as the modification does not change the height of the telecommunications tower, enlarge the antenna array, enlarge the equipment facility and does not involve any collocation. All other modifications shall require approval pursuant to the requirements of this article.

E.

Any pre-existing tower, including a nonconforming tower, may be structurally modified to permit collocation or may be replaced through no more than administrative review for compliance with this article and building permit review, and is not subject to public hearing review, if the overall height of the tower is not increased and, if the replacement tower is a monopole tower or, if the pre-existing tower is a stealth tower, the replacement tower is a similar stealth tower.

F.

Rebuilding damaged or destroyed nonconforming towers or antennas. Legal nonconforming telecommunications towers or antennas that are damaged or destroyed may be rebuilt subject to the provisions of this article. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) calendar days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the telecommunications tower or antenna shall be deemed abandoned as specified herein.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Indemnification. The city shall not enter into any lease agreement with any provider for the use of city-owned property for installation of wireless communications facilities until and unless the city obtains an adequate indemnity from such provider. The indemnity must at least:

1.

Release the city from and against any and all liability and responsibility in or arising out of the construction, operation or repair of the wireless communications facility.

2.

Indemnify and hold harmless the city, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the city or any third party arising out of, or by reason of, or resulting from or of each wireless communications facility operator, or its agents, employees, or servants negligent acts, errors, or omissions.

3.

Provide that the covenants and representations relating to the indemnification provision shall survive following the term of any agreement and continue in full force and effect for at least one (1) year following the termination of the party's agreement as to the party's responsibility to indemnify.

4.

In no event shall the city indemnify a service provider and/or the owner or operator of a wireless communications facility.

B.

Insurance. The city shall not grant or approve an application for the installation of a tower, antenna and/or wireless communications facility on city-owned property and shall not enter into any lease agreement for city-owned property until and unless the city obtains assurance that such applicant or lessee (and those acting on its behalf) has adequate insurance. The insurance requirements of this section may be satisfied by evidence of self-insurance acceptable to the city. At a minimum, the following requirements must be satisfied:

1.

A wireless communications facility owner shall not commence construction or operation of the facility without obtaining all insurance required under this section and approval of such insurance by the city manager, nor shall a wireless communications facility operator allow any contractor or subcontractor to commence work on its contract or sub-contract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the wireless communications facility is in existence. If the operator, its contractors or subcontractors do not have the required insurance, the city may order such entities to stop operations until the insurance is obtained and approved.

2.

Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the city. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage.

3.

These certificates shall contain a provision that coverage afforded under these policies will not be canceled until at least thirty (30) days' prior written notice has been given to the city. Policies shall be issued by companies authorized to do business under the laws of the state. The city may amend its requirements pertaining to insurance from time to time and may require additional provisions pertaining to such insurance in a lease.

4.

In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the lease agreement with the city, then in that event, the wireless communications facility operator shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period.

C.

Comprehensive general liability. A wireless communications facility operator and its contractors or subcontractors engaged in work on the operator's behalf, shall maintain adequate insurance to cover liability, bodily injury and property damage in the minimum amount of one million dollars ($1,000,000.00) or in such greater amount as reasonably determined by the city at the time of application. Exposures to be covered include premises, operations, and those certain contracts relating to the construction, installation or maintenance of the wireless communications facility. Coverage shall be written on an occurrence basis. Certificates of insurance reflecting evidence of the required insurance shall be filed with the city.

D.

[Cash security fund or irrevocable letter of credit required.] Prior to any construction on city-owned property, every service provider, shall establish a cash security fund, or provide the city with an irrevocable letter of credit subject to the city attorney's approval, in the amount specified in an agreement, permit, or other authorization as necessary to ensure the provider's faithful performance of construction and compliance with this division. The minimum amount of the security fund for each telecommunications tower shall be twenty-five thousand dollars ($25,000.00) and the minimum amount for each antenna shall be five thousand dollars ($5,000.00).

E.

[Bond in lieu of cash security fund or letter of credit.] In the alternative, at the city's discretion, a service provider may, in lieu of a cash security fund or letter of credit, file and maintain with the city a bond in the same amounts as required in subsection (1). The provider and the surety shall be jointly and severally liable under the terms of the bond. The bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the city attorney; and shall provide that:

"This bond may not be canceled, or allowed to lapse, until 60 days after receipt by the city, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."

F.

Rights reserved by city. The rights reserved by the city with respect to any security fund or bond established pursuant to this section are in addition to all other rights and remedies the city may have under this article, a lease, or at law or equity.

G.

Penalties. Any person, firm or corporation who knowingly breaches any provision of this division [article] shall upon receipt of written notice from the city be given a time schedule to cure the violation. Failure to commence to cure the violation within thirty (30) days and to complete cure, to the city's satisfaction, within sixty (60) days, or such longer time as the city may specify, shall result in revocation of any permit or license and the city shall seek any remedy or damages to the full extent of the law. This shall not preclude other penalties allowed by law.

H.

Violations.

1.

In addition to revoking any permit for placement of a wireless communications facilities in the city for violation of this article and any other remedies available at law including, but not limited to, F.S. § 166.0415 and F.S. ch. 162, or at equity or as provided in this article, the city may apply any one (1) or combination of the following remedies in the event an applicant or service provider violates this article, or applicable local law or order related to placement of such facilities in the city:

a.

Failure to comply with the provisions of this article or other applicable law may result in imposition of penalties to be paid by the applicant or service provider to the city as provided in F.S. ch. 162, and the City Code, as they may be amended.

b.

In addition to or instead of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction.

2.

No waiver. Failure of the city to enforce any requirements of this article shall not constitute a waiver of the city's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)