A.

Definitions. As used in this section, the following terms shall have the meanings indicated:

1.

Antenna: Shall mean any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

2.

Alternative support structure: Shall mean structures other than communication towers, which may include, but are not limited to, buildings, water towers, light poles, power poles, telephone poles, and any similar structures.

3.

Camouflaged tower: Shall mean a communication tower designed to unobtrusively blend into the existing surroundings and be disguised so as to not have the appearance of a communication tower. For purposes of applying height limitations, such structures shall be considered communication towers and not spires, belfries, cupolas, or other appurtenances usually located above the roof level. It is recognized that due to their height, such structures must be designed with sensitivity to elements such as building bulk, massing, and architectural treatment of both the communication tower and surrounding development. Camouflaged towers on developed property must be disguised to appear as either a part of the structure housing a principal use, or an accessory structure that is normally associated with the principal use occupying the property. Camouflaged towers developed on unimproved property must be disguised to blend in with existing environment, including vegetation.

4.

Cell site: Shall mean a lot or parcel, or specific portion contained therein, on which a communications tower or antenna is located or proposed to be located.

5.

Co-location: Shall mean the placement of more than one communication antenna by more than one telecommunications service provider on a single existing or new communication tower or other supporting structure.

6.

Communication tower: Shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

7.

Development review committee (DRC): Shall mean the group of city staff members and consultants designated by the city manager to review and make certain comments concerning proposed development projects, including telecommunications towers and antennas. Comments will be provided to the city manager or his designee.

8.

FAA: Shall mean the Federal Aviation Administration.

9.

FCC: Shall mean the Federal Communications Commission.

10.

Guyed tower: Shall mean a communication tower anchored with guy wires.

11.

Height: Shall mean, when referring to a communication tower or other structure, the distance measured from ground level to the highest point on the communication tower or other structure, including any antenna.

12.

Monopole tower: Shall mean a single-stalk self-supporting communication tower of spin-cast concrete, concrete, steel or other similar materials not requiring or using guy wires.

13.

Pre-existing communication tower or antenna: Shall mean a communication tower which was in existence on the effective date of this section.

14.

Self-supporting lattice tower: Shall mean a self-supporting communication tower with three or more sides of open-framed supports.

15.

Temporary communication tower: Shall mean a mobile wireless communication tower (also called a "cellular on wheels" or "COW") operated temporarily in conjunction with a recognized special event or emergency.

B.

Applicability. Except as otherwise specifically provided herein, these provisions shall apply throughout the corporate limits of the City of South Daytona, Florida, and no communication tower or antenna shall be permitted except in compliance with these provisions.

C.

General guidelines and requirements.

1.

Principal or accessory use. Telecommunications antennas and towers, including the equipment buildings or other supporting equipment used in connection with said communication towers and antennas, shall be considered principal or accessory uses. An existing principal use and/or structure on a lot shall not preclude the installation of an antenna or communication tower thereon. For purposes of applying development regulations pertaining to antennas and communication towers, including setbacks and lot coverage, the entire parcel shall be considered to constitute the lot, even if the antenna or communication tower is located on a smaller leased parcel (cell site) within said lot.

2.

Aesthetics; lighting.

a.

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

b.

At a communication tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

c.

If an antenna is installed on a structure other than a communication tower, the antenna 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 so as to make the antenna and related equipment as visually unobtrusive as possible.

d.

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

3.

Federal requirements. All communication towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate communication towers and antennas.

4.

Building codes; safety standards. To ensure the structural integrity of communication towers, the owner of a communication tower shall ensure that it is maintained in compliance with standards contained in applicable city building codes. Also, no communication tower shall be located in such a manner as to impede access by fire fighting equipment to the tower site or other nearby facilities.

5.

Signage. No commercial signage or advertising shall be permitted on a communication tower unless otherwise required by law or unless it pertains only to the posting of the property relative to trespassing.

6.

Pre-existing communication towers and antennas. All communication towers existing on the effective date of this section shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such existing communication towers. New construction other than routine maintenance on an existing communication tower shall comply with the requirements of this section.

7.

Temporary communication towers. Communication towers may be approved for temporary placement in conjunction with special events in any zoning district. Approval may be granted by the city manager in response to an application submitted in the format provided by the city. Such towers may be permitted for a period not exceeding seven consecutive days under the special outdoor event provisions of the City Code. Temporary towers necessary for disaster relief or similar emergency efforts are exempt from this paragraph and are hereby approved.

D.

Permitted uses. The telecommunications towers and antennas listed in this section, including the equipment buildings or other supporting equipment used in connection with said communication towers or antennas, are deemed to be permitted uses and shall not require staff approval or a special use permit. Nevertheless, all such proposed uses shall comply with subsection C. of this section and all other applicable ordinances. All applications shall be reviewed by the community development director.

1.

Communication towers or antennas, including amateur radio (HAM) and receive-only antennas, constructed or installed with a height at or below the height limitations hereby established as follows for the zoning district in which the tower or antenna is located, i.e.: 85 feet for the Light Industrial district; 70 feet for the Business General Commercial, Business Neighborhood Commercial, and Business Heavy Commercial districts; and 45 feet for all other zoning districts, including residential. Provided, however, that such towers/antennas (except HAM radio and receive only antennas) shall be set back from any existing off-site residence or designated emergency evacuation route a minimum distance equal to the height of the communication tower/antenna.

2.

Any antenna on an existing structure other than a communication tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) as long as the existing structure is less than 50 feet in height and said additional antenna adds no more than 20 feet to the height of the existing structure.

3.

Installing an antenna on any existing communication tower of any height, so long as the addition of said antenna adds no more than ten feet to the height of said existing communication tower; provided, however, that such specific permitted use shall not include the placement of additional buildings or other supporting equipment used in connection with said antenna.

4.

An existing communication tower which is being rebuilt to accommodate the co-location of an additional communication antenna may be moved on the site to an area located within 50 feet of its existing location and may also be relocated based upon sound planning and land use principles and upon a finding that such approval would be consistent with and further the intent of this section. After a communication tower is rebuilt or relocated to accommodate co-location, only one communication tower may remain on the site. A communication tower which has been relocated on a site and which intrudes into the tower separation distances set forth in subsection L. shall only be permitted when written consent is obtained from all property owners within the applicable separation distance.

5.

Temporary communication towers (See also subsection C.7.)

E.

Site plan review required—Approval by the city manager.

1.

General. The development review committee shall provide comments to the community development director (CDD) who may, with concurrence of the city manager, administratively approve the uses listed in this section.

2.

Specific administratively approved uses. The following uses may be approved by the city manager after conducting an administrative review with input from the CDD and DRC:

a.

Installing an antenna on an existing structure other than a communication tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) which structure is 50 feet or more in height, so long as such addition does not add more than 20 feet to the existing structure;

b.

Installing an antenna on an existing communication tower of any height, including a pre-existing communication tower, and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than ten feet to the height of said existing communication tower;

c.

Locating any alternative tower structure in a zoning district other than single-family residential that in the judgment of the city manager is in conformity with the goals of this section. The alternative tower structure must comply with all applicable zoning and building requirements for the district in which said structure will be constructed.

3.

Application for administrative approval.

a.

Each applicant for administrative approval shall apply to the community development department, providing the information required by this section.

b.

The DRC shall provide comments to the CDD who will strive to respond to each such application within a reasonable time frame after receiving it by either approving or denying the application with concurrence of the city manager.

c.

In connection with any such administrative approval, the CDD may with concurrence of the city manager, in order to encourage shared use (co-location), administratively waive any zoning district setback requirements by up to 50 percent.

d.

If CDD approval is denied, the applicant may appeal said denial to the city council within 30 days of notification of the denial.

F.

Special ..... use permits—Approval by city council after review by the PAB.

1.

General. If the communication tower or antenna is not a permitted use under subsection D. of this section or permitted to be approved administratively pursuant to subsection E. of this section, then a special use permit shall be required for the construction of a communication tower or the placement of an antenna in all zoning districts. A licensed professional engineer must certify that the communication tower can structurally accommodate the number of shared users proposed by the applicant; the city council must conclude that the communication tower is in conformity with the goals of this section; and the communication tower is to be set back from any existing off-site residence and designated emergency evacuation routes a distance equal to at least the height of the communication tower.

2.

The following provisions shall govern the issuance of special use permits:

a.

In granting a special use permit, the city council may impose conditions to the extent that they conclude that such conditions are necessary to minimize any adverse effect of the proposed communication tower on adjoining properties.

b.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

3.

Information required. Each applicant requesting a special use permit under this section shall submit to the community development department a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, communication tower height requirements, setbacks, drives, parking, buffering, fencing, landscaping, adjacent uses, and other information deemed by the city to be necessary to assess compliance with this section.

4.

Factors considered in granting special use permits. The city council shall consider the following factors in determining whether to issue a special use permit, although they may waive or reduce the burden on the applicant of one or more of these criteria if they conclude that the goals of this section are better served thereby:

a.

The recommendation of the planning advisory board (PAB).

b.

Whether the proposed tower is located on city-owned or controlled property; preference may be given to such locations;

c.

Whether the proposed tower provides for co-location; preference may be given to co-location proposals;

d.

Height of the proposed communication tower;

e.

Proximity of the communication tower to residential structures, residential district boundaries and designated emergency evacuation routes;

f.

Nature of uses on adjacent and nearby properties;

g.

Surrounding topography;

h.

Surrounding tree coverage and foliage;

i.

Design of the communication tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; monopole type towers are preferred;

j.

Proposed ingress and egress; and

k.

Availability of suitable existing communication towers and other structures. No new communication tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city council that no existing communication tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing communication tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

1)

No existing communication towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

2)

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

3)

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

4)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing communication towers or structures, or the antenna on the existing communication towers or structures would cause interference with the applicant's proposed antenna.

5)

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

6)

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

7)

The zoning classification of the proposed site, with preference given to nonresidential classifications.

G.

Setbacks and separation. The following setbacks and separation requirements shall apply to all communication towers and antennas for which a special use permit is required; provided, however, that the city council may reduce the standard setbacks and separation requirements if the goals of this section would be better served thereby.

1.

Communication towers must be set back a distance equal to the height of the communication tower from any off-site residential structure and designated emergency evacuation routes.

2.

Communication towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements.

3.

In zoning districts other than industrial or heavy commercial zoning districts, communication towers over 90 feet in height shall not be located within one-quarter of a mile (1,320 feet) from any existing communication tower that is over 90 feet in height. This provision supercedes any conflicting distance requirement in subsection L. of this section.

4.

For communication towers located in planned unit developments (PUDs), the setback requirements for the parcel upon which the communication tower is located shall be as required by the PUD.

5.

Communication tower separation shall be measured from the base of the communication tower to the closest point of off-site uses and/or designated areas as specified in the table set forth in subsection L.

6.

Separation distance may be reduced by the city council when notarized written consent is obtained from all affected property owners within the applicable separation distance.

H.

Security fencing. Communication towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the city council may waive such requirements, as it deems appropriate. Access to the communication tower shall be through a locked gate.

I.

Landscaping. The visual impacts of a communication tower shall be mitigated from nearby view through landscaping or other screening materials at the base of the communication tower and ancillary structures. Landscaping shall be installed on the outside of fences. Further, the preservation and use of existing vegetation shall be encouraged and may serve as a substitute for or supplement towards meeting landscaping requirements.

1.

A row of trees a minimum of eight feet tall and a maximum of ten feet apart shall be planted around the perimeter of the fence.

2.

A continuous hedge at least 30 inches high at planting capable of growing to at least 36 inches in height within 18 months shall be planted in front of the tree line referenced above.

3.

All landscaping shall be of the evergreen variety.

4.

All landscaping shall be xeriscape tolerant or irrigated and properly maintained to ensure good health and viability.

5.

Any request to deviate from any of the requirements of this section shall require variance approval from the community development director with concurrence of the city manager.

J.

Engineering certification. All communication towers shall be certified by a registered professional engineer to be structurally sound and in conformance with the Standard Building Code and all other relevant construction standards set forth in this Code and federal and state law. Such certification must be found acceptable by the city prior to issuance of the certificate of occupancy. Subsequent certification will be required as follows: for monopole towers, every five years after initial certification; for lattice and guyed towers, every two years after initial certification. The city shall also have the authority to require more frequent certification if the city has reason to believe that the structural and/or electrical integrity of the tower is jeopardized. City representatives shall have the authority to enter upon the tower site, at such times as the city may deem necessary, for the purpose of inspecting the tower to determine its compliance with construction standards as provided by city, federal and state regulations. The city may conduct such inspections upon reasonable notice to the tower owner. All reasonable expenses related to such inspections by the city shall be charged to the tower owner.

K.

Removal of abandoned antennas and communication towers. In the event the use of any communication tower has been discontinued for the period of 180 consecutive days, it shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the community development director who shall have the right to request documentation and/or affidavits from the electronic transmission tower owner regarding the issue of communication tower usage. Upon such abandonment, the owner/operator of the communication tower and the owner of the land upon which it is located shall have 90 days within which to dismantle and remove the communication tower or to reactivate it. At the date that the tower is removed, any variance approval for the communication tower shall automatically expire.

L.

Table of separation distances between towers. The following table shows the minimum required distances between the different types of communication towers; these distance requirements shall be applied in evaluating tower construction proposals:

Table: Separation Distances Between Communication Towers
(distances are shown in linear feet)

(Ord. No. 97-04, §§ 1—12, 6-10-97; Ord. No. 2024-05, § 2(Att. A), 8-13-24)