This article shall be entitled "Wireless Service Facilities Tower and Antenna Siting Ordinance," and shall be an amendment to the city's Code of Ordinances.

(Ord. No. 2857, § 1, 5-17-00)

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

(1)

Protect and promote the public health, safety and general welfare of the residents of the city;

(2)

Minimize potential adverse impacts of towers and antennas on residential areas and land uses;

(3)

Encourage the location of towers in nonresidential areas and to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(4)

Minimize the total number of towers throughout the community by strongly encouraging the replacement and/or co-location of antennas on new and preexisting facilities as a primary option rather than construction of additional single-use towers;

(5)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

(6)

Avoid potential damages to property from antenna and tower facilities by ensuring such structures are soundly and carefully designed, constructed, modified and maintained; and

(7)

Enhance the ability of the providers of wireless and/or essential communications services to provide such services to the community through an efficient and timely application process. In furtherance of these goals, the city shall at all times give due consideration to the city's comprehensive plan, zoning map, existing land uses, future land uses and environmentally sensitive areas, including hurricane preparedness areas, in approving sites for the location of towers and antennas.

(Ord. No. 2857, § 2, 5-17-00)

As used in this article, the following terms shall have the meanings set forth below, and shall control over any other definitions contained in this Code:

Antenna means a transmitting and/or receiving device mounted on a tower, building or structure and used in the offering of wireless and/or essential communications services that radiate or capture 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 omnidirectional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations.

Backhaul network means the lines that connect wireless service facilities to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

Broadcasting facility means any telecommunication tower built primarily for the purpose of broadcasting AM, FM or television signals, including high definition television signals ("HDTV" or "digital TV" or "DTV").

Co-located wireless service facility or co-located facility means the placement of a new wireless service facility on an existing tower, existing building or structure.

Effective radiated power means the product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction.

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

Extraordinary conditions means 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.

Fair market value means the price at which a willing seller and willing buyer will trade.

FCC means the Federal Communications Commission.

Geographic search area means that initial circular area, which has a radius of no less than one mile except as otherwise provided, designated by a wireless provider or operator for a new tower. The geographic search area shall be determined based upon engineering considerations including grids, frequency coordination and levels of service consistent with good engineering practices.

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

Lattice tower means a tower that is constructed to be self-supporting by lattice type supports and without the use of guy wires or other supports.

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

Minor site plan refers to an application which seeks authority to co-locate a proposed facility, consistent with section 31-730 hereof.

Major site plan refers to an application which seeks authority to construct a new tower structure, consistent with section 31-730 hereof.

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

Panel antenna means a flat, rectangular antenna or array of antennas, designed to concentrate a radio signal in a particular area.

Wireless services means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. Wireless services shall not be considered as essential services, public utilities or private utilities.

Wireless service facility or facility means a facility for the provision of wireless or essential communications services including without limitation cables, wires, lines, wave guilds, antennas, towers, other supporting structures, associated structures and any other equipment that is used or associated with the provision of such services. The term wireless service facility shall specifically exclude amateur radio transmitting towers and broadcasting (radio and television) facilities including without limitation high definition television facilities. An open video system is not a wireless service facility to the extent that it provides only video services. A cable system is not a wireless service facility to the extent that it provides only cable service.

State of the art means existing technology, which is readily available and compatible for a specific type of provider's technology, where the level of facilities, technical performance, capacity, equipment, components and service are equal to that developed and demonstrated to be more technologically advanced than generally available for comparable service areas.

Stealth facility means a facility that is disguised, hidden, part of an existing or proposed structure, and/or placed within an existing or proposed structure in a manner that makes it not readily identifiable as a wireless services facility. A stealth facility may or may not have a secondary function (e.g., bell tower, spire, flag pole, etc.). This term shall be synonymous with "camouflaged facility."

Tower height means the vertical distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad platform but not including any antenna or lighting rods which extend vertically from the highest point of the structure, which shall not extend more than ten feet above height of tower.

Tower means any structure, and support thereto, designed and constructed primarily for the purpose of supporting one or more antennas intended for transmitting or receiving wireless or essential communication services, including lattice, monopole and guyed towers. The term includes wireless service facilities for the provision of commercial mobile services, unlicensed wireless services (telecommunications services using duly authorized devices which do not require individual licenses), common carrier wireless exchange access services, and essential communications services. The term does not include transmission towers, amateur radio transmitting towers and broadcast facilities, and shall not include mounting hardware or structures used to attach antennas to rooftops, or to prevent interference from or with other building-mounted structures, subject to the limitations of section 31-733 hereof.

Unlicensed wireless service means the offering of telecommunications service using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services.

Whip antenna means a cylindrical antenna that transmits signals in 360 degrees.

(Ord. No. 2857, § 3, 5-17-00)

The following regulations shall apply to new wireless service facility uses as of the effective date of this article. It shall not govern any broadcasting facility, one owned and operated by a federally-licensed amateur radio station operator, or one used exclusively for receive-only antennas. Wireless service facilities shall not be regulated or permitted as an essential service, public utility, or private utility. No permit granted by the city under this article shall warrant the technical suitability of a proposed site, and the city shall not be held responsible for any interference with or from another wireless service facility.

(Ord. No. 2857, § 4, 5-17-00)

Every applicant for a tower or antenna shall at minimum submit the following to the city:

(1)

Minor site plan. An applicant for the co-location of a wireless service facility shall submit a minor site plan that complies with this subsection. To further encourage the co-location of wireless service facilities, the city will attempt to review any submitted minor site plan within 30 days of the filing of a completed application. A minor site plan submission shall contain all of the following information, including applicable fees:

a.

Certification. For all co-located facilities, a statement from a Florida-licensed engineer that certifies that the structure, including support structures and equipment buildings, if applicable, can support the additional load due to the co-location of facilities including, without limitations, weight and wind loads in effect at the time the structure was approved, consistent with applicable law.

b.

Review and approval. A minor site plan shall be administratively reviewed and approved. The city may commission a review by a professional consultant with appropriate technical experience to review the plan and all supporting documentation. The cost of this review shall be borne by the applicant and shall not exceed $5,000.00; no review will commence until the cost recovery arrangement is finalized and no authorization by the city shall be issued until any payments due to the city by the applicant are paid in full.

(2)

Major site plan. A major site plan submission shall contain all of the items required for a minor site plan, including additional applicable fees, and provide the following additional information:

a.

Inventory of existing towers.

1.

Each applicant shall submit an inventory of existing towers, antennas, and approved wireless service facilities within the search area identified in an application. No new tower shall be permitted unless the applicant demonstrates to the satisfaction of the city that no existing facility or structure can accommodate, as is or through modification, the proposed facility. Evidence to demonstrate that no existing facility or structure is suitable shall consist of any of the following:

i.

An affidavit demonstrating that the applicant made diligent efforts to install or co-locate on an existing tower or other existing structure within the geographic search area, as determined by a qualified radio frequency engineer.

ii.

An affidavit demonstrating that existing towers or structures located within the geographic search area, as determined by a certified radio frequency engineer, do not have the capacity to provide reasonable technical service consistent with the applicant's technical system, including but not limited to, applicable FCC requirements.

iii.

Written technical evidence from a qualified radio frequency engineer that existing towers or structures are not of sufficient height to meet applicable FCC requirements.

iv.

Written technical evidence from a qualified radio frequency engineer that existing towers or structures do not have sufficient structural strength to support the proposed facility.

v.

A written statement from a qualified radio frequency engineer that the proposed and existing facilities are incompatible due to electromagnetic/radio frequency interference or the new facility would otherwise interfere with public safety communications or the usual and customary transmission or reception of radio, television, or other communications service enjoyed by surrounding properties.

vi.

An affidavit that the fees, costs, or contractual provisions required by the owner to share an existing tower or structure, or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

vii.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

viii.

The applicant demonstrates that state of the art technology used in the wireless service business and within the scope of applicant's FCC license, is unsuitable for the site involved. Costs of state of the art technology that exceed new tower development shall not be presumed to render the technology unsuitable.

2.

The city reserves the right to share inventory information with other applicants seeking to site wireless service facilities. However, in doing so, the city shall neither be responsible for the accuracy of the information, nor will it infer that any sites are available or suitable.

b.

Engineering report. All proposals for a new tower shall submit a written report certified by a Florida-licensed electrical engineer who specializes in radio frequency engineering or wireless service facilities, except as otherwise provided herein. The report shall include:

1.

A description of the geographical search area requirements;

2.

A site development plan, drawn to scale, including without limitation, a legal description of the parent tract and leased parcel, if applicable, on-site and adjacent land uses, comprehensive plan and zoning classification of the site, a visual impact analysis and photo digitalization of the tower and all attachments including associated buildings and equipment containers at the property line, as well as at a distance of 250 feet and 500 feet from all properties within that range, or at other points agreed upon by the city and the wireless service facilities owner.

3.

A projection of wind-load capacity for the proposed facility, provided by a licensed professional engineer. No tower shall be permitted to exceed its wind loading capacity as provided for by the standard building code at the time of original approval of the tower or structure on which the proposed facility is to be co-located;

4.

A statement that the proposed tower facilities, and reception and transmission functions will not interfere with the visual and customary transmission or reception of radio, television or similar services as well as other wireless services enjoyed by surrounding properties;

5.

A statement of compliance with the South Florida Building Code and all other applicable building codes, as amended from time to time, associated regulations and safety standards;

6.

The effective radiated power of the facility and how it meets or exceeds the FCC's regulations on the environmental effects of radio frequency emission;

7.

Any additional information deemed warranted by the city to assess compliance with applicable regulations.

c.

Review and approval. A major site plan shall be reviewed by city staff and considered by the city council upon receipt of an advisory recommendation by the planning and zoning board: The city council shall consider an application within 180 days of the applicant's submission of a completed application. The city may commission a review by a professional consultant with appropriate technical experience to review the plan and all supporting documentation. Such review by a professional consultant shall be completed within 60 days of commencement consistent with this section. The cost of this review shall be borne by the applicant and shall not exceed $5000.00; no review will commence until the cost recovery arrangement is finalized and payment has been submitted by the applicant. If the city does not accept the full report provided as accurate, or if the city disagrees with any part of the report, the time in which an application is processed may be tolled, in the reasonable discretion of the city, pending further investigation.

(Ord. No. 2857, § 5, 5-17-00)

(a)

Local, state and federal requirements. A wireless service facilities owner shall certify that all franchises/licenses/permits required by law have been obtained and shall file a copy of these with the city. The construction, operation and repair of a facility shall be in accordance with all applicable local, state and federal requirements. The construction, operation and repair shall be performed in a manner consistent with applicable industry standards, including the Electronic Industries Association. The facility must meet or exceed current standards and regulations of the FAA, the FCC, including radio frequency emissions standards, and any other agency of the local, state or federal government with the authority to regulate the facility prior to issuance of a building permit by the city. A statement shall be submitted by a licensed engineer certifying compliance with this subsection. If applicable standards and regulations require retroactive application, then the facility owner shall bring the facility into compliance with these standards and regulations within six months of the effective date of these standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to comply with this section shall constitute grounds for removal at the owner's expense.

(b)

Environmental regulations. A wireless facility owner shall demonstrate compliance with applicable environmental laws including, without limitation, the National Environmental Policy Act of 1969, as amended. Pub. L. 91-190, 83 Stat. 852 (1969), the Endangered Species Act, as amended, Pub. L. 93-205, 87 Stat. 884 (1969), the Migratory Bird Treaty Act, as amended, 40 Stat. 755 (1918), the Bald Eagle Protection Act, as amended, 54 Stat. 250 (1940), and the Golden Eagle Protection Act, as amended, Pub. L. 87-884, 76 Stat. 1246 (1962). A statement shall be submitted certifying compliance with this section prior to obtaining any building permit from the city.

(c)

(1)

Inspection; reports. The city reserves the right to conduct periodic inspection of wireless service facilities other than co-located or roof-mounted facilities at the facility owner's expense to ensure structural and electrical integrity. Such periodic inspection shall take place no more than once every two years. Where the city does not possess the expertise to perform inspections as required herein, the city reserves the right to have such inspections performed by a licensed professional engineer at the applicants expense. If inspection determines noncompliance with applicable codes and standards (except in the case of a legal nonconforming use) then, upon notice, the owner shall have 30 days, or such other time as the city may allow, for good cause shown, to bring the facility into compliance. Failure to do so within the time allowed shall constitute grounds for the removal of the facility at the owner's expense.

(2)

Wireless facility owners shall submit a report to the city certifying structural and electrical integrity every two years. The report shall be accompanied by a non-refundable fee of $200.00 to reimburse the city for the cost of review.

(d)

Lighting. No signals, artificial lights, or illumination shall be permitted on any wireless service facility unless required by the FAA or other applicable authority. If required, the lighting shall be designed to minimize off-site impacts. Strobe lights will not be allowed.

(e)

Signs. 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. In addition to other requirements set forth in the city's zoning code, the following warning signs shall be utilized in connection with the tower or antenna site, as applicable: (a) If high voltage is necessary for the operation of the tower, associated equipment, or backhaul network or accessory structures, "HIGH VOLTAGE—DANGER" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than 40 feet apart; (b) "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than 40 feet apart; (c) the height of the lettering of the warning signs shall be at least eight inches and the signs shall be installed at least five feet above the finished grade; (d) the warning signs may be attached to free standing poles if the content of the sign may be obstructed by landscaping. Warning signs shall contain all other information in compliance with FCC regulations.

(f)

Equipment structure.

(1)

Except for an equipment structure needed to operate an approved facility, accessory uses are prohibited unless otherwise permitted in the zoning district in which the facility is located. The equipment structure shall not contain more than 450 square feet of gross floor area and shall not be more than ten feet in height, not including any platform structure (which shall be limited to no more than three feet), subject to the limitations of section 31-733(b)(2) herein.

(2)

Where the equipment structure is located on the ground, it shall meet the minimum setbacks required for a principal building in the underlying zoning district. Where the equipment structure is located on the roof of a building, the total area occupied by such structure(s) shall not exceed ten percent of the roof area. This limitation may be waived by the city, in its reasonable discretion, where the structural integrity of the roof can be certified by the applicant, subject to any weight load limitations contained in the city code. Screening shall be required for all equipment structures to minimize the visual impact upon adjacent properties and the general public.

(g)

Parking. Each facility site shall provide stabilized parking only for use by maintenance personnel. No vehicle storage shall be permitted.

(h)

Security fencing. Towers and associated accessory building and equipment shall be enclosed by a security fence or wall that is a minimum of eight feet in height and may be equipped with an anti-climbing device or apparatus where appropriate. Such perimeter fencing shall be landscaped pursuant to subsection (l) hereof.

(i)

Outdoor storage. No outdoor storage of vehicles or equipment is permitted. Equipment such as generators or equipment cabinets may, with prior notice to the city and at the city's discretion, be placed outdoors on site, on a temporary basis.

(j)

Facility replacement.

(1)

Modification to existing site. Up to 50 percent of the height of an existing lawful tower may be replaced as part of modifications made to provide for co-location of a new facility. Replacement of more than 50 percent shall be considered a new tower and shall meet all of the applicable requirements.

(2)

Rebuilding damaged or destroyed existing site. Existing lawful wireless service facilities and towers that are damaged or destroyed may be rebuilt through administrative review and approval, provided the replacement facility is the same as the original in type, location and intensity or brings a previously nonconforming facility into greater conformance and no more than 50 percent of the facility is involved. If more than 50 percent of the facility is involved, it shall be considered a new facility that shall meet all of the applicable requirements; provided that replacement of entire facility with a tower type of less intensity (i.e., replacing guyed tower with monopole/stealth) shall be considered as a replacement of no more than 50 percent of the facility for purposes of this subsection. All replacement shall comply with the then applicable zoning and building codes, and building permits must be obtained within 90 days from the date the facility is damaged or destroyed. If the required permits are not obtained within 90 days from the date the tower or facility is damaged or destroyed, the facility shall be deemed abandoned.

(k)

Removal of abandoned facility. Any tower or facility that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner shall remove it within 90 days of receipt of notice from the city. Failure to remove an abandoned tower or facility within the 90 days shall be grounds to remove it at the owner's expense. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using it.

(l)

Facility appearance.

(1)

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

(2)

The design of the equipment structure and any other associated permitted structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that minimize the visual impact and enhance compatibility with surrounding development.

(3)

To the extent feasible, wireless service facilities shall be stealth facilities. The use of a tower or facility other than a stealth facility must be documented by the applicant as the only appropriate facility which the provider can use. This documentation may be verified, at the discretion of the city, with a licensed professional engineer at the applicants expense.

(4)

Facilities must comply with the requirements of the city landscape code. The city may require landscaping in excess of those requirements in order to enhance compatibility with adjacent uses or zoning districts, provided that any such additional requirements shall not exceed 80 percent of the amount otherwise required.

(5)

For co-located facilities, the antennas and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure to minimize the visual impact and enhance compatibility with surrounding development.

(m)

Security fund. Every wireless service provider shall establish a security fund to secure the payment of removing a tower or wireless service facility that has been determined to be abandoned, to secure the payment of removing a tower facility that has been determined to be in noncompliance with this Code, and to provide the city a fund from which to deduct fines and penalties for noncompliance with this Code or other applicable laws. Such fund may be in the form of a cash deposit, letter of credit, corporate guarantee, indemnity bond or surety bond as determined by the city at its sole discretion. The amount to be provided for each tower shall be no less than $5,000.00; the amount for each antenna array shall be no less than $1,000.00.

(Ord. No. 2857, § 6, 5-17-00)

(a)

Siting of a tower and/or wireless service facility shall be in accordance with the following siting alternatives hierarchy. The order of ranking, from highest to lowest, shall be 1A, 1B, 2A, 2B, 3A, 3B. Where a lower ranked alternative is proposed (e.g., 3A), the applicant must demonstrate that higher ranked options (e.g., 2A) are not feasible.

(1)

Co-location on existing communications tower.

a.

On city-owned site.

b.

On non-city owned site.

(2)

Co-location on existing building/other structure.

a.

On city-owned site.

b.

On non-city owned site.

(3)

Development of new communications tower.

a.

On city-owned site.

b.

On non-city owned site.

(b)

The city reserves the right to modify or waive the requirement for use on city owned public property. Nothing herein shall be construed to grant an absolute right of access to city property. A determination whether to grant or deny a waiver request shall be made in accordance with standards to be adopted by administrative regulation of the city.

(Ord. No. 2857, § 7, 5-17-00)

(a)

Use regulations. Co-location is permitted in the IL, IG, and CF zoning districts. Co-location may be permitted in the OP, CG, RM-20 and RMH-20 zoning districts, provided that the proposed facility qualifies as a stealth facility consistent with the definition set forth in section 31-728 hereof. Where co-located on an existing building or other structure, the facility shall be developed only as an accessory use.

(b)

Height:

(1)

Tower. In compliance with section 31-734(d).

(2)

Building/other structure. The minimum height of the building/structure before installation of the wireless service facility shall be 50 feet. The maximum height of a wireless service facility/antenna shall not exceed 25 percent of the original height of the building or structure, including support structures.

(c)

Antenna type and size.

(1)

To minimize adverse visual impacts, the antenna used shall be in accordance with the following alternatives hierarchy. The order of ranking, from highest to lowest, shall be: (1) Stealth; (2) panel; (3) whip; and (4) dish. Where a lower ranked alternative is proposed (e.g., 3), the applicant must demonstrate that higher ranked options (e.g., 2) are not technically feasible.

(2)

Omnidirectional (whip) antennas must not exceed three feet in diameter and 15 feet in height.

(3)

Directional or panel antennas must not exceed 2½ feet in width and eight feet in height.

(4)

Microwave dish antennas located below 65 feet above the ground may not exceed six feet in diameter. Microwave dish antennas located 65 feet and higher above the ground may not exceed eight feet in diameter. Ground-mounted dish antennas must be located or screened so as not to be visible from adjacent properties and public streets.

(d)

Modification. Modifications to a structure to accommodate the co-location of a wireless service facility are permitted subject to section 31-731(j).

(e)

Future co-location. Unless demonstrated as infeasible, the wireless service facility shall provide for future co-location on the facility by other wireless service facilities and for city and public purposes. The siting applicant shall demonstrate that other potential service providers have been contacted to determine if their future needs can be accommodated through co-location on the site. The facility owner shall make every effort to design the site in a manner that allows for future co-location.

At a minimum, a monopole tower shall be built to accommodate a minimum of two wireless service providers. At a minimum, a self-support, lattice or guyed tower shall be built to accommodate a minimum of three wireless service facilities.

(f)

Lease. The city may require, as a condition of entering into a lease agreement with the city, the dedication of space on the facility for public health and safety purposes, as well as property improvement on the leased space. Any dedications and improvements shall be negotiated prior to the execution of the lease. No lease granted under this section shall convey any exclusive right, privilege, permit or franchise to occupy or use the land of the city for delivery of wireless service or for any other purpose. No lease granted under this section shall convey any right, title, or interest in city owned land other than a leasehold, but rather shall be deemed only to allow the use of land for the limited purposes and term stated. No lease shall be construed as a conveyance of a title interest in the property.

(g)

Site plan. An applicant for the co-location of a wireless service facility shall submit a minor site plan that complies with section 31-730(a). To further encourage the co-location of wireless service facilities, the city will attempt to review any submitted minor site plan within 30 days of the filing of a completed application.

(h)

Notwithstanding anything herein to the contrary, a facility proposed exclusively for the provision of essential communications services shall be exempt from the stealth requirements of section 31-733(a) hereof, provided that such facility is to be co-located and within the IL, IG, CF, OP, CG, RM-20 or RMH-20 zoning districts.

(Ord. No. 2857, § 8, 5-17-00)

(a)

Use regulations. New towers shall be permitted in the IL, IG, and CF zoning districts. New towers may be permitted as a special exception in the OP, CG, RM-20 and RMH-20 zoning districts, provided the facility qualifies as a stealth facility consistent with the definition set forth in section 31-728 hereof, subject to the same notice requirements and other procedures of section 31-61 of this Code.

(b)

Minimum lot size. Standard of the applicable district.

(c)

Minimum setbacks. 110 percent of the tower height. Setback requirements shall be measured from the base of the tower to the perimeter of the property on which it is located.

(d)

Maximum height. Towers shall not be constructed at any heights in excess of those provided below.

• Tower capable of maintaining a single antenna array: 100 feet

• Tower capable of maintaining two antenna arrays: 130 feet

• Tower capable of maintaining three or more antenna arrays: 150 feet.

Any antenna, lighting, lighting rod, lighting beacon or other wireless service facility shall not extend more than ten feet above the height of the tower.

(e)

Minimum separation distance. Any wireless service facility tower shall be separated from any other tower, notwithstanding whether such other tower is within the incorporated area of the city, by a minimum distance of ½ mile. Separation distance shall be measured by a straight line between the bases of the towers.

(f)

Lease. Where a wireless service facility is to be installed on city-owned property, a lease agreement acceptable to the city shall be provided. The city may require, as a condition of entering into a lease agreement, the dedication of space on the facility for public health and safety purposes, as well as property improvement on the leased space. Any dedications and improvements shall be negotiated prior to the execution of the lease.

(Ord. No. 2857, § 9, 5-17-00)

Where a proposed wireless service facility owner is able to demonstrate, based upon verifiable evidence, that its proposed facility cannot be developed under the terms of this article, the following will apply:

(1)

A major site plan that meets the requirements of section 31-730(b)(1), (2) hereof shall be submitted. As part of the plan, the application shall clearly indicate the specific reasons why a variance is justified and provide supporting documentation.

(2)

Upon receipt of a complete major site plan application, the city shall commission a review by a professional consultant with appropriate technical experience to review the plan and all supporting documentation. The cost of this review shall be borne by the applicant. No review shall commence until the cost recovery arrangement is finalized and no authorization shall be issued until all payments due to the city have been paid in full.

(3)

In reviewing the proposal, the zoning board of adjustment may impose conditions it reasonably determines are warranted to minimize negative community impacts.

(Ord. No. 2857, § 10, 5-17-00)

(a)

Indemnification. The city shall not enter into any lease agreement until and unless the city obtains adequate indemnity in the agreement from such provider. The indemnity must at minimum:

(1)

Release the city from and against any and all liability and responsibility in or arising out of the construction, operation or repair of a wireless service facility, provided that such release from liability shall not apply to intentional or negligent acts or omissions of the city. Each wireless service facility owner must further agree not to sue or seek any money or damages from the city in connection with the above mentioned matters.

(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 whatever 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 each wireless service 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 the term of any agreement and continue in full force and effect as to the party's responsibility to indemnify.

(b)

Insurance. The city may not enter into any lease agreement until and unless the city obtains assurance that an operator (and those acting on its behalf) has adequate insurance (amount to be determined at time of agreement). At a minimum, the following requirements must be satisfied:

(1)

A wireless service 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 risk manager of the city, nor shall a wireless service facility owner allow any contractor or subcontractor to commence work on its contract or subcontract 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 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's risk manager. 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. The city shall be named as additional insured under all insurance contracts required by this section.

(3)

These certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days prior to written notice being given to the city risk manager. Policies shall be issued by companies authorized to do business under the laws of the State of Florida, and with a Best's Rating of A+, in order to gain acceptance.

(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, the wireless service facility owner shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been secured for the balance of the lease agreement period.

(5)

Comprehensive general liability. A wireless service facility owner and its contractors or subcontractors engaged in work on the operator's behalf, shall maintain minimum insurance in the amount of $5,000,000.00 to cover liability, bodily injury and property damage. Exposures to be covered are: premises, operations and those certain contracts relating to construction, installation or maintenance of the wireless service facility. Coverage shall be written on an occurrence basis and shall be included, as applicable, in the lease agreement between the city and the wireless service facility operator.

(Ord. No. 2857, § 11, 5-17-00)

Any person, firm or corporation who knowingly breaches any provision of this article shall upon receipt of written notice from the city be given a time schedule to cure the violation. Failure to commence to cure within 30 days and to complete cure, to the city's satisfaction, within 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.

(Ord. No. 2857, § 12, 5-17-00)