The regulations and requirements of this Article are intended to:

(A)

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

(B)

Provide for the appropriate location and development of telecommunication towers and antennas within the City;

(C)

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

(D)

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

(E)

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

(Ord. No. 15-2014, § 7, 8-11-2014)

(A)

Zoning Districts. Telecommunication towers shall only be permitted in the M-1 Industrial District, the M-1A Light Industrial District, and areas designated for industrial uses within PD Planned Development Districts provided that the telecommunication towers are subject to the requirements of this Chapter, and other applicable federal, state, and local rules and regulations. Notwithstanding, telecommunication towers shall not be permitted in the Downtown Core, Midtown, or any historic district recognized in Chapter 38, Plant City Code, regardless of zoning district.

(B)

Towers as part of existing utility poles. Towers as part of existing utility poles shall be permitted in the CC Community College District and all commercial and industrial zoning districts in the City, provided that such towers shall be located on existing utility poles or as replacements for the existing utility poles. If a replacement tower is constructed, the height and the width shall be the same as the existing utility pole structure.

(C)

City property. Telecommunication towers may be permitted on property owned by the City pursuant to a Lease Agreement acceptable to the City. The City shall have no obligation whatsoever to execute such a lease even if the applicant meets the criteria set forth herein.

(D)

Minimum standards. Every telecommunication tower must meet the following minimum standards:

(1)

Prior to the issuance of a building permit by the City, a site development plan shall be presented for approval to the Planning and Zoning Division. Each application for a proposed telecommunication tower shall include all requirements for site development plan approval as required by this Chapter and other applicable rules and regulations. The City may waive all or some of these provisions for stealth towers that are designed to emulate existing structures already on the site, including, but not limited to, light standards or power poles.

(2)

A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the State of Florida, which through rational engineering analysis certifies the tower's compliance with applicable standards as set forth in the Florida Building Code, as may be amended, and any associated regulations, including Electronic Industry Association or Telecommunication Industry Association standard for wind load; and describes the tower's capacity, including an example of the number and type of antennas it can accommodate. No tower shall be permitted to exceed its loading capacity. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the tower. All towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate two (2) users and, at a minimum, self-support/lattice or guyed towers shall be able to accommodate three (3) users.

(3)

Height/setbacks and related location requirements.

a.

The height of a telecommunication tower shall not exceed two hundred (200) feet. Tower height shall be measured from the crown of the road of the nearest public street.

b.

Telecommunication towers including guy wires, and associated equipment/structures shall only be allowed in the side and rear yards behind the primary structure and shall be setback at least 50 feet from all property lines. The placement of new towers on vacant lots shall consider the future construction of the primary structure.

c.

Monopole, lattice or guyed telecommunication towers shall not be permitted within two hundred fifty (250) feet of any residential district.

d.

Monopole, lattice or guyed telecommunication towers shall not be located within seven hundred fifty (750) feet of any existing monopole, lattice or guyed telecommunication tower.

e.

The height of the telecommunication towers shall be subject to the approval of the Hillsborough County Aviation Authority. Prior to the issuance of a building permit by the City, the applicant shall provide evidence that the height of the telecommunication towers have been approved by the Hillsborough County Aviation Authority and is in compliance with Federal Aviation Administration (FAA) regulations.

(4)

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

(5)

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

(6)

Buffering.

a.

An eight (8) foot fence or wall, as measured from the finished grade of the site, shall be required around the base of any telecommunication tower and around any accessory buildings or structures.

b.

Landscaping, consistent with the requirements of Division 10 of Article VII, shall be installed around the entire perimeter of any fence or wall. Additional landscaping shall be required around the perimeter of a fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties. Landscaping shall be installed on the outside of the perimeter fence or wall.

(7)

High voltage and "No Trespassing" warning signs.

a.

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

b.

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

c.

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

d.

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

(8)

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

(9)

Removal of abandoned or unused facilities. All abandoned or unused telecommunication tower facilities shall be removed by the tower owner or operator within ninety (90) days of the cessation of use. A tower shall be considered abandoned if use has been discontinued for one hundred eighty (180) consecutive days. Telecommunication towers being utilized for other purposes, including, but not limited to, light standards and power poles, shall be exempt from this provision.

(10)

Signs and advertising. The use of any portion of a tower for signs or advertising purposes is prohibited.

(11)

Accessory buildings or structures. All accessory buildings or structures, unless specified by this Section, shall meet all building design standards as listed in Division 8 of Article VII of this Chapter and in accordance with the provisions of the Florida Building Code. All accessory buildings or structures shall require a building permit issued by the City.

(12)

Colors. Except where superseded by the requirements of other County, State, or Federal regulatory agencies possessing jurisdiction over telecommunication towers, telecommunication towers shall be painted or constructed in neutral colors, designed to blend into the surrounding environment.

(13)

Non-interference. Each application to allow construction of a telecommunication tower shall include a certified statement that the construction and placement of the tower will not interfere with public safety communications.

(E)

Inspections.

(1)

Telecommunication tower owners shall submit a report to the Building Official, certifying structural and electrical integrity on the following schedule:

a.

Monopole towers: At least once every five (5) years;

b.

Self-support/lattice towers: At least once every two (2) years; and

c.

Guyed towers: At least once every two (2) years.

(2)

Inspections shall be conducted by an engineer licensed to practice in the State of Florida. The results of such inspections shall be provided to the City. Based upon the results of an inspection, the Building Official may require repair or removal of a telecommunication tower.

(3)

The City may conduct periodic inspections of telecommunication towers to ensure structural and electrical integrity. The owner of the telecommunication tower may be required by the City to have more frequent inspections should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.

(F)

Telecommunication towers are prohibited when a proposed or existing principal use includes the storage, distribution, or sale of volatile, flammable, explosive, or hazardous wastes such as LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals.

(G)

Existing towers.

(1)

Notwithstanding the above provisions of this Section, telecommunication antennas may be placed on existing towers with sufficient loading capacity after approval by the City. The capacity shall be certified by an engineer licensed to practice in the State of Florida.

(2)

If the antenna exceeds the height of the existing tower, it shall be subject to the approval of the Hillsborough County Aviation Authority and in compliance with Federal and State Regulations.

(3)

Notwithstanding the above provisions of this Section, towers in existence as of August 11, 2014, may be replaced with a tower of equal or less height and width after approval by the City Manager; however, if the proposed new tower would not be consistent with the minimum standards under this Section, replacement must be approved in accordance with this Section.

(Ord. No. 15-2014, § 7, 8-11-2014; Ord. No. 30-2023, § 1, 9-11-2023)

(A)

Zoning Districts. Antennas not located on telecommunication towers shall be permitted as follows:

(1)

Stealth facilities Type A may be permitted as an accessory use within the CC Community College District and all commercial and industrial districts in the City.

(2)

Stealth facilities Type B, and non-stealth rooftop or building mounted antennas shall only be permitted as an accessory use in the M-1 Industrial, M-1A Light Industrial, and M-AP Airport-Industrial zoning districts.

(B)

Minimum standards. Antennas not located on telecommunication towers shall be subject to the following minimum standards:

(1)

Stealth facilities shall be subject to the following minimum standards:

a.

No commercial advertising shall be allowed on an antenna;

b.

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

c.

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

d.

If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than twenty-five (25) per cent of the roof area;

e.

Any and all equipment buildings shall be located inside the existing structure; concealed from public view; or made compatible with the scale, color and architectural character of the building upon which it is located;

f.

Any equipment buildings which exceed the height of the highest point on the existing building shall be subject to approval of the Hillsborough County Aviation Authority and in compliance with all State and Federal Regulations;

g.

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

h.

Stealth facilities within an Historic District shall be subject to approval by the Historic Resources Board.

(2)

Non-stealth rooftop or building mounted antennas shall be subject to the following minimum standards:

a.

Antennas shall only be permitted on buildings which are at least forty-five (45) feet tall;

b.

Antennas may not extend more than twenty (20) feet above the highest point of a roof;

c.

Antennas, and related equipment buildings, shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which it is situated;

d.

No commercial advertising shall be allowed on an antenna;

e.

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

f.

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

g.

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

(3)

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 cannot be used for the particular application. This does not preclude a combination of the various types of antenna.

(4)

Antenna dimensions. Antenna dimensions shall be approved by the City as required by existing technology. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the State of Florida, to certify the need for the required dimensions.

(5)

Aircraft hazard. The height of the antennas and related equipment buildings shall be subject to the approval of the Hillsborough County Aviation Authority. Prior to the issuance of a building permit by the City, the applicant shall provide evidence that the antennas and related equipment buildings have been approved by the Hillsborough County Aviation Authority and is in compliance with Federal Aviation Administration (FAA) regulations. Where an antenna and related equipment buildings 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. 15-2014, § 7, 8-11-2014)

(A)

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

(1)

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

(2)

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

(B)

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

(1)

The facility is appropriately designed for sharing; and

(2)

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

(C)

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

(D)

The requirements of (B)(2) of this Section will be deemed to have been met if the facility owner shows that it has executed a joint use agreement with at least one other unaffiliated entity for shared use, and agrees to offer a similar contract to others. In other cases, the facility owner must enter into an agreement with the City, acceptable to the City, to offer space on fair, reasonable, nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay. A condition of any permit for a qualified shared facility shall be that the permit shall be terminated, and the facility removed, if the City finds that the facility owner is not complying with its obligations under this Section and associated agreements with the City.

(E)

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

(1)

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

a.

Structural capacity of the tower or towers;

b.

Radio frequency interference;

c.

Geographical service area requirements;

d.

Mechanical or electrical incompatibility;

e.

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

f.

Availability of towers for co-location;

g.

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

h.

Increase in height of existing tower creating an aviation hazard;

i.

Additional information requested by the City.

(2)

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

(F)

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

(G)

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

(Ord. No. 15-2014, § 7, 8-11-2014)

(A)

The City shall act promptly on any application submittal in accordance with the provisions of this Article and FCC rules. The reasons for rejecting any application under these provisions shall be explained, set forth in writing and based on substantial evidence. The rejection of an application under this Article does not prevent a person from filing an application for a variance in accordance with applicable law.

(B)

The issuance of a permit, however, is not a lease and no municipally owned property may be used without a lease agreement with the City. The City may, as appropriate to protect its property and the public interest, establish additional requirements beyond the minimum requirements of a permit for municipally owned property. This provision further does not preclude the City from issuing a letter of interest for the purposes of leasing sites on designated City property for the construction and installation of personal wireless service facilities. For designated neighborhood parks, the City will encourage the installation of facilities that have a minimal impact on the surrounding areas and are consistent with the development of the park.

(Ord. No. 15-2014, § 7, 8-11-2014)