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 wireless communication facilities;

(B)

Accommodate the growing need and demand for wireless communication services;

(C)

Provide for the appropriate location and development of wireless communication facilities within the City of South Miami;

(D)

Minimize adverse visual effects of wireless communication facilities through careful design, siting, landscape screening and innovative camouflaging techniques;

(E)

Encourage the location and collocation of antennas on existing structures thereby minimizing new visual impacts and reducing the need for additional antenna support structures; and

(F)

Minimize potential damage to property from telecommunications towers and telecommunications facilities by requiring such structures be soundly designed, constructed, modified and maintained; and

(G)

Require owners of telecommunication facilities to construct new facilities, and replace existing facilities, whether primary, supporting or associated facilities, with the best available, feasible technology, and to include provision in leases between the City of South Miami and owners to give effect to this requirement.

(Ord. No. 24-98-1672, § 2, 11-17-98)

Accessory equipment building —Any building, cabinet or equipment enclosure constructed for the primary purpose of housing the electronics, backup power, power generators and other free standing equipment associated with the operation of antennas.

Antenna —A transmitting and/or receiving device mounted on a telecommunications tower, building or structure and used for wireless communication services which radiates or captures electromagnetic waves, digital signals. analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication 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, satellite earth stations, and single-family use of television antennas.

Antenna support structure —A facility that is constructed and designed primarily for the support of antennas, which shall include the following types: (i) monopole and (ii) stealth tower.

Collocation —When more than one FCC licensed provider uses a telecommunication tower antenna support structure to attach antennas.

Existing structures —Any lawfully constructed man-made structure including, but not limited to, antenna support structures, buildings, utility structures, light poles, clock towers, bell towers, steeples, water towers and the like, which allow for the attachment of antennas.

FAA —The Federal Aviation Administration.

FCC —The Federal Communications Commission.

Microwave Antenna A dish-like antenna used to link wireless communication services sites together by wireless transmission of voice or data.

Monopole tower A telecommunication tower consisting of a single pole or spire self-supported by a permanent foundation, and constructed without guy wires and ground anchors.

Panel antenna An array of antennas designed to concentrate a radio signal in a particular area.

Professional Engineer —A person technically qualified and professionally licensed by the State of Florida to practice engineering.

Provider —An FCC licensed communications company.

Roofline —The overall ridge 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 building.

Search ring —A geographic area in which a provider intends to locate an antenna to serve the provider's coverage area.

Stealth facility —Any telecommunication facility which is designed to blend into the surrounding environment. Examples of stealth facilities include, but are not limited to, architecturally screened, roof-mounted antennas, antennas integrated into architectural elements, and telecommunication towers designed to look like light poles, power poles or trees.

Stealth tower —A structure designed to support one or more antennas and blend into the existing surroundings.

Telecommunication facility —A facility that is used to provide one or more telecommunications services, including, without limitation, radio transmitting telecommunications towers, other supporting structures, and associated facilities used to transmit telecommunications signals. An open video system is not a telecommunications facility to the extent that it provides only video services; a cable system is not a telecommunications facility to the extent that it provides only cable service.

Telecommunication tower —A monopole or stealth tower constructed as a free-standing structure, containing one or more antennas intended to be used for personal wireless services, telephone, radio or a similar communication service. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and stealth towers. The term does not include a tower that provides only open video services, radar towers, amateur radio support structures licensed by the FCC, or single-family residential use of satellite dishes, television antennas and satellite earth stations installed in accordance with applicable codes.

Whip antenna —A cylindrical antenna that transmits signals in 360 degrees.

(Ord. No. 24-98-1672, § 2, 11-17-98)

(A)

All new towers or antennas, and modifications to existing towers and antennas, in the City shall be subject to these regulations, except as provided for in paragraphs 1 and 2, below:

1.

These regulations shall not apply to any tower, or installation of any antenna, that is for the use of an open video broadcast-only facility, or is owned and operated by a federally-licensed amateur radio station operator, or is used exclusively for receive-only antennas.

2.

Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of these regulations, except to comply with the requirements of the non-conforming provisions of the Land Development Code.

(Ord. No. 24-98-1672, § 2, 11-17-98)

(A)

Applicants regulated by this Ordinance may request a pre-application conference with the City. Such request shall be submitted with a non-refundable fee of $500.00 to reimburse the City for the cost and fees incurred by the conference.

(B)

Each applicant shall apply to the City for a permit providing the information as required by this Ordinance and a nonrefundable fee of $1,500 to reimburse the City for the costs of reviewing the application.

(C)

The City shall review the application and determine if the proposed use complies with applicable Sections of this Ordinance and other regulations. Every new telecommunication tower and antenna shall be subject to the following minimum standards:

1.

Lease Required.

a.

Any construction, installation or placement of a telecommunications facility on any property owned, leased or otherwise controlled by the City shall require a Lease Agreement executed by the City and the owner of the facility. Any lease of public property shall be considered and acted on in accordance with the requirements of the Charter and Code of Ordinances of the City of South Miami.

The City may require, as a condition of entering into a Lease Agreement with a telecommunications service provider, the dedication of space on the facility for public health, safety and communication purposes, as well as property improvement on the leased space. Any dedications and improvements shall be negotiated prior to execution of the lease.

b.

Any construction, installation, or placement of a telecommunication facility on any property owned, leased or otherwise controlled by a private property owner shall require a Lease Agreement or letter of consent executed by the property owner and the owner of the facility, unless the property owner and owner of the facility are the same.

2.

Principal or Accessory Use. Towers and antennas may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of a tower or antenna on the same lot.

3.

Lot Size. For purposes of determining whether the installation of a tower or antenna complies with zoning regulations, the dimensions of the entire lot shall control, even though the towers or antennas are proposed to be located on leased parcels within such lot.

4.

DRB Review. The Design Review Board (DRB) shall review and recommend approval, disapproval or modification on all site plans, projects and specifications relating to applications for new telecommunication towers and antennas, and modifications to existing towers and antennas. The DRB's review shall include, but not be limited to, those design criteria specifically enumerated by this article and all other applicable criteria, as outlined by the Land Development Code.

5.

Height. All towers shall be as low in height as technologically and economically feasible, provided that no tower shall exceed 125 feet in height.

6.

Setbacks. Towers must be setback a minimum distance of 110% of the height of the telecommunications tower from the property line. This requirement may be waived by the City Manager, at the direction of the City Commission, with respect to stealth towers.

7.

Inventory of Existing Sites. Each applicant shall review the City's inventory of existing telecommunications towers, antennas, and approved sites. All requests for sites shall include specific information about the proposed location, height and design of the proposed telecommunications tower, structure, or state of the art technology that does not require the use of new telecommunications towers, or new structures can accommodate, or be modified to accommodate, the applicant's proposed antenna. Evidence submitted to demonstrate that no existing telecommunications tower, structure or state of the art technology is suitable shall consist of any of the following:

a.

An affidavit demonstrating that the applicant made diligent efforts to seek permission to install or collocate the applicant's telecommunications facilities on City-owned telecommunications towers or usable antenna support structures located within a ½ mile radius of the proposed telecommunications tower site.

b.

An affidavit demonstrating that the applicant made diligent efforts to install or collocate the applicant's telecommunications facilities on towers or useable antenna support structures owned by other persons located within a ½ mile radius of the proposed telecommunications tower site.

c.

An affidavit demonstrating that existing towers or structures located within the geographic search area as determined by a 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.

d.

Existing towers or structures that are not of sufficient height to meet applicable FCC requirements.

e.

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

f.

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

g.

The fees, cost, or contractual provisions required by the owner in order to share an existing telecommunications tower or structure or to adapt an existing telecommunications tower or structure for sharing are unreasonable ["unreasonable" means a cost in excess of the cost to construct a new telecommunications tower].

h.

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

i.

The applicant demonstrates that state of the art technology used in the wireless telecommunications business and within the scope of applicant's FCC license, is unsuitable. Costs of state of the art technology that exceed new telecommunications tower or antenna development shall not by itself be presumed to render the technology unsuitable.

j.

Any additional information required by the City. If the City does not accept the full evaluation as provided as accurate, or if the City disagrees with any part of the evaluation, the City may hire the appropriate professionals to assess the submitted evaluation at the applicant's expense.

This information is public record. The City does not warrant or represent that the information is accurate or that the sites are available or suitable.

8.

Engineering Report. All applicants for new towers and antennas, or for towers and antennas which are to be modified or reconstructed to accommodate additional antennas, or for which a special use is required, must present a certified report by a professional engineer, which shall include the following:

a.

A site plan which includes, without limitation, a legal description of the parent tract and leased parcel, if applicable; on-site and adjacent land uses and zoning classifications; and, a visual impact analysis and photo digitalization of the telecommunications tower and all attachments including associated buildings and equipment containers, close-up and at distances of 250 feet and 500 feet from all properties within that range, or at other points agreed upon in a pre-application conference.

b.

An analysis of any additional impacts on adjacent properties.

c.

If applicable, a narrative of why the proposed telecommunications tower cannot comply with the requirements as stated in this Section.

d.

Type of telecommunications tower and specifics of design.

e.

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

f.

A statement of non-interference, which states that the construction and operation of the tower, including reception and transmission functions, will not interfere with public safety communication, or with the visual and customary transmission or reception of radio, television, or similar services, as well as other wireless services enjoyed by adjacent properties.

g.

A statement of compliance with all applicable building codes, associated regulations and safety standards as provided herein. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed by the telecommunications tower. Except where provided herein, all towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate 2 users.

h.

Any additional information deemed by the City to be necessary to assess compliance with this Ordinance.

9.

Collocation. Pursuant to the intent of this Ordinance, collocation of telecommunication antennas by more than one provider on existing telecommunication towers shall take precedence over the construction of new telecommunication towers. Accordingly, in addition to submitting the information required by Section 20-10.4(C)(7), each applicant shall comply with the below criteria:

a.

Each application shall include a written report certified by a professional engineer, stating:

i.

the geographical service area requirements;

ii.

mechanical or electrical incompatibility;

iii.

any restrictions or limitations of the FCC that would preclude the shared use of the telecommunication tower; and

iv.

any additional information required by the City.

b.

To encourage a reduction in the number of towers that may be required to site antennas in order to meet the City's increasing demand for wireless service, new towers shall be structurally designed to accommodate the collocation of antennas as follows:

i.

All towers over 80 feet and up to 125 feet in height shall be structurally designed to accommodate at least two providers.

10.

Incentive for Use of Existing Structures. Pursuant to the intent of this Ordinance, the City shall provide the following incentives to service providers:

a.

The review of all applications submitted by providers seeking to collocate on a pre-existing telecommunications tower or to rent space on a proposed new telecommunications tower, shall be completed by the City no more than 30 days following the filing of a completed application, provided that the application does not require special use approval.

b.

The review of all applications submitted by providers for the placement of antennas on existing structures shall be completed by the City no more than 30 days following the filing of a completed application, provided that the application does not require special use approval.

11.

Aesthetics. Towers and antennas shall meet the following requirements:

a.

All applications for the installation of new towers, antennas or accessory equipment buildings, or the modification of existing towers, antennas or accessory equipment buildings shall be reviewed by the DRB as provided in this Code.

b.

Towers shall either maintain a galvanized steel finish or, if allowed by FAA standards, shall be painted a neutral color to reduce visual obtrusiveness.

c.

The design of accessory buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize visual impact, as determined by the DRB.

d.

All telecommunications tower sites must comply with any landscaping requirements of the City Land Development Code and all other applicable aesthetic and safety requirements of the City, and the City may require landscaping in excess of those requirements in order to enhance compatibility with adjacent residential and non-residential land uses.

e.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a color that is neutral, identical to, or compatible with the color of the supporting structure, as determined by the DRB, to make the antenna and related equipment as visually unobtrusive as possible.

f.

No signals, artificial lights or illumination shall be permitted on any tower or antenna unless required by the FAA. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. To the maximum extent possible, lighting shall be oriented away from residential districts.

12.

Local, State or Federal Requirements. The construction, operation, maintenance and repair of telecommunications facilities are subject to the regulatory supervision of the City, and shall be performed in compliance with all laws and practices affecting the subject, including, but not limited to, the Land Development Code, building code and safety codes. The construction, operation and repair shall be performed in a manner consistent with the applicable industry standards, including the Electronic Industries Association. All towers and antennas must meet or exceed current standards and regulations of the FAA and the FCC, including emission standards. They must meet the requirements of all federal, state and local government agencies with the authority to regulate towers and antennas prior to issuance of a building permit by the City. If such standards and regulations are changed and require retroactive application, then the owners of the towers and antennas governed by this Ordinance shall bring such facilities into compliance with such revised standards and regulations within six months of their effective date, unless a different compliance schedule is mandated by the controlling agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for removal of the tower or antenna at the owner's expense.

13.

Building Codes & Safety Standards.

a.

To ensure the structural integrity of telecommunications towers, the owner shall construct and maintain the telecommunications tower in compliance with the Florida Building Code, and all other applicable codes and standards, as amended from time to time. A statement shall be submitted to the City by a professional engineer certifying compliance with this subsection upon completion of construction and, or, subsequent modification. Where a pre-existing structure, including light and power poles, is requested to be used as a stealth facility, the facility, and all modifications to it, shall comply with all requirements, as provided in this Ordinance. Prior to issuance of a building permit, the City may require the taking of soil borings at the proposed site, at the expense of the applicant, to assist in the professional analysis and review of the telecommunication tower's foundation in order to evaluate the design of the foundation.

b.

The City reserves the right to conduct periodic inspection of telecommunications towers to ensure structural and electrical integrity. If, upon inspection, the City concludes that a tower fails to comply with any building or safety codes and industry construction or maintenance standards, or constitutes a danger to persons or property, then upon notice, the owner of the tower shall have 30 days to bring the tower into compliance. Failure to bring the tower into compliance within 30 days from receipt of notice shall constitute grounds for imposing a fine and for removal of the tower or antenna at the owner's expense.

14.

Signage. No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, whether or not posted temporarily, shall be permitted on any part of an antenna or telecommunication tower, except for warning, danger or other signs designed to maintain public safety and Federal, State, or Municipal Flags located on a stealth facility designed to look like a flagpole.

15.

Measurement. For purposes of measurement, telecommunication tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and county jurisdictional boundaries.

16.

Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this Ordinance and shall not be regulated or permitted as essential services, public utilities or private utilities.

17.

Franchises and Licenses. Owners and, or, operators of towers or antennas shall certify that all franchises and licenses required by law for the construction or operation of a wireless telecommunication system in the City have been obtained and shall file a copy of all such franchises and licenses with the City.

18.

Inspections; Reports; Fees.

a.

Telecommunication tower owners shall provide written certification to the City every two years confirming the structural and electrical integrity of the installation. The certification shall be signed and sealed by a professional engineer.

b.

The City may conduct periodic inspection of telecommunications towers, at the owner's expense, to ensure structural and electrical integrity and compliance with the provisions of this Ordinance. The owner of the telecommunications tower may be required by the City to have more frequent inspections should there be an emergency, extraordinary conditions or other reason to believe that the structural and electrical integrity of the telecommunication tower is jeopardized. There shall be a maximum of one inspection per year unless emergency or extraordinary conditions warrant additional inspections.

19.

Bonding. The owner of a telecommunications tower shall, prior to commencing construction, post a bond equal to an amount no less than $25,000, which bond shall be posted to insure the obligation identified in Section 20-10.10.

(Ord. No. 24-98-1672, § 2, 11-17-98; Ord. No. 17-11-2090, § 1, 4-19-11; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

(A)

The following uses may be approved by the City Manager [or the Manager's designee] after the review in accordance with Section 20-5.2:

1.

Stealth Facilities.

a.

Stealth rooftop or building mounted antennas, not exceeding 25 feet above the roofline and 10 feet above the maximum height of the applicable zoning district, shall be permitted as an accessory use in the following zoning districts:

b.

Stealth towers not exceeding 125 feet in height shall be permitted as a principal or accessory use in the following zoning districts:

c.

A stealth tower and antenna designed to look like a light pole may replace a light pole, which existed before the adoption of this Ordinance, located in the PR district, provided that the height of the stealth tower and antenna do not exceed the height of the existing light pole by more than ten (10) feet.

d.

Upon receipt of the appropriate application, the City Manager, at his or her sole discretion, will determine the application's consistency with the definition of a stealth facility.

2.

Non-Stealth Facilities.

a.

Non-Stealth antennas mounted to buildings or rooftops, not exceeding 15 feet above the roofline and 5 feet above the maximum height of the applicable zoning district, shall be permitted as an accessory use in the following zoning districts:

b.

Any non-stealth building or rooftop antennas approved administratively shall only be permitted on buildings in excess of 40 feet in height.

(Ord. No. 24-98-1672, § 2, 11-17-98; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

(A)

The following uses may be approved pursuant to the special use process, as regulated by the Land Development Code:

1.

Stealth Facilities.

a.

Stealth rooftop or building mounted antennas, not exceeding 25 feet above the roofline and 10 feet above the maximum height of the applicable zoning district, shall be permitted as an accessory use pursuant to special use approval in the following zoning districts:

b.

Stealth towers not exceeding 125 feet in height shall be permitted as a principal or accessory use pursuant to special use approval in the following zoning district:

c.

Stealth towers not exceeding 125 feet in height shall be permitted as an accessory use pursuant to special use approval in the following zoning districts:

d.

Upon receipt of the appropriate application, the City Manager, at his or her sole discretion, will determine the application's consistency with the definition of a stealth facility.

e.

Residential Planned Unit Developments shall not be a permitted location for telecommunication facilities.

2.

Non-Stealth Facilities.

a.

Non-Stealth antennas mounted to buildings or rooftops, not exceeding 15 feet above the roofline and 5 feet above the maximum height of the applicable zoning district, shall be permitted as an accessory use pursuant to special use approval in the following zoning districts:

b.

Any non-stealth building or rooftop antennas permitted pursuant to special use approval shall only be permitted on buildings in excess of 30 feet in height.

c.

Monopoles not exceeding 125 feet in height may be permitted in the following zoning districts pursuant to special use approval:

(Ord. No. 24-98-1672, § 2, 11-17-98)

Any of the permitted special uses in this Article may be approved and permitted by the City Commission at a public hearing, upon an affirmative vote of four of the Commissioners, after a recommendation by the Planning Board, provided that the use complies with the requirements of this Article, Section 20-3.4(A), entitled "General Requirements," Section 20-5.8, entitled "Special use approvals," and any other requirements and conditions the City Commission may consider appropriate and necessary.

(A)

The location of a new antenna in any zoning district other than those districts specified in this section shall be prohibited, except as specified below:

1.

Antenna and or microwave dishes may be located on franchised utility poles or poles owned by the City pursuant to the following regulations:

a.

Special use approval shall be required.

b.

The utility poles shall be located within public easements or public rights-of-way.

c.

Fees related to utility pole installation:

(1)

A license application fee shall be paid

(2)

An Engineering permit fee shall be paid if the pole is replaced to accommodate telecommunications equipment.

d.

The antenna and, or, dish shall be of a size and placement that is structurally compatible with the engineering design of the pole pursuant to the Florida Building Code and certified by a professional engineer.

e.

The antenna or dish shall not extend more than 10 feet above the existing pole height. If the pole is replaced to withstand the addition of telecommunications equipment, then the same restriction shall apply except that the utility pole may be 10 feet higher than the adjacent pole heights.

f.

Placement of an antenna and, or, a dish on a utility pole shall only be on poles owned or operated by a city franchisee or the City.

g.

No commercial advertising shall be allowed on the antenna or dish.

(Ord. No. 24-98-1672, § 2, 11-17-98; Ord. No. 17-11-2090, § 1, 4-19-11)

Accessory equipment buildings used in conjunction with the operation and maintenance of antennas shall be permitted subject to the following requirements:

(A)

Must conform to the applicable zoning district's dimensional standards.

(B)

If the site is already occupied by a principal building, the provider shall attempt to utilize the existing building for its antenna-related equipment. If the provider is unable to use the existing building, it must provide a report to the City describing the reasons which disallow it from using the existing building.

(C)

Shall be designed, constructed, and installed in compliance with this Code, the Florida Building Code, and all other applicable codes.

(Ord. No. 24-98-1672, § 2, 11-17-98; Ord. No. 17-11-2090, § 1, 4-19-11; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24)

(A)

At the time of building permit application, the applicant shall enter into a contractually enforceable agreement with the City that requires the applicant, or the owner of the facility, to remove the telecommunication tower structure, at his or her sole cost, upon its abandonment.

(B)

In the event the approved use of a telecommunication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the City Manager, who shall have the power to request documentation and, or, affidavits from the owner regarding the use.

(C)

The City Manager shall provide the owner with written notice, by certified mail, of an abandonment determination. The failure or refusal by the owner to respond within 60 days of receipt of the notice shall constitute prima facie evidence that the telecommunication tower has been abandoned.

(D)

If the owner fails to respond or fails to demonstrate that the tower is not abandoned, the City Manager shall render a finding that the tower is abandoned and the owner of the antenna shall have an additional 120 days within which to (i) reactivate the use of the tower or to transfer the tower to another owner who makes actual use of the tower within the time period, or (ii) dismantle and remove the tower. At the earlier of 121 days from the dated of the entry of a finding of abandonment, without reactivation, or upon completion of dismantling and removal, any special use approval shall automatically expire.

(Ord. No. 24-98-1672, § 2, 11-17-98)