(a)

The regulations and requirements of this article are intended to:

(1)

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

(2)

Provide for the appropriate location and development of communication antennas and towers within the city;

(3)

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

(4)

Accommodate the growing need and demand for wireless communication services;

(5)

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

(6)

Further the balance between the need to provide for certainty to the communications industry in the placement of wireless communication facilities and the need to provide certainty to the residents of the city that the aesthetic integrity of the city will be protected from the proliferation of unnecessary antenna support structures and towers;

(7)

Ensure that communication antennas and towers are compatible with surrounding land uses.

(Ord. No. 402-98-E, § 1, 8-25-98)

Antenna shall mean a transmitting and receiving device used in telecommunications that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations.

Collocation shall mean when more than one (1) antenna is attached to a communications tower or, if mounted on a building, an antenna support structure.

Communication tower shall mean a freestanding monopole or self support lattice tower containing one (1) or more antennas intended for transmitting or receiving television, am/fm radio, digital, microwave, cellular, telephone, or similar forms of electronic communications, excluding radar towers, amateur radio support structures and satellite earth stations.

Equipment building shall mean a cabinet or other structure containing electronics and other support equipment necessary for an antenna to provide service.

Microwave antenna shall mean a circular antenna designed to concentrate a radio signal in a particular area.

Monopole tower shall mean a communication tower consisting of a single pole or spire, self supported by a permanent foundation, constructed without guy wires and ground anchors.

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

Satellite earth station shall mean a facility equipped to receive, or receive and transmit, signals from or to communications satellites.

Self support lattice tower shall mean a communication tower other than a monopole tower that is constructed without guy wires and ground anchors.

Stealth facility shall mean any communication towers or antennas which are designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and communication towers designed to look like light poles, flag poles, clock towers or trees.

Whip antenna shall mean a cylindrical antenna that transmits signals a full three hundred sixty (360) degrees.

(Ord. No. 402-98-E, § 1, 8-25-98; Ord. No. 402-13-F, § 2, 9-10-13)

(a)

Where permitted. Building mounted antennas may be permitted as an accessory use to existing buildings in the following zoning districts:

(1)

(I-1) Light Industrial;

(2)

(B-2) Community Business District;

(3)

(B-3) General Business District;

(4)

(B-4) Professional Office District;

(5)

(B-5) Sunrise/Sawgrass Office District;

(6)

(B-6) Sunrise/Sawgrass Mixed Use District;

(7)

(RM-25) Higher Density Multiple-family Residential District;

(8)

(CF) Community Facilities District;

(9)

Planned Unit Development (PUD), but only on buildings of at least one hundred twenty (120) feet in height.

(b)

Minimum standards. Building mounted antennas shall be subject to the following minimum standards:

(1)

The height of the antenna, including support structures, shall not extend more than twenty (20) feet above the height of the roof surface of the building.

(2)

The building on which the antenna is mounted must be at least twenty-five (25) feet in height.

(3)

All equipment necessary for the proper operation of the antenna shall be located within the building upon which the antenna is mounted, or in an equipment building or otherwise screened from public view.

(4)

The equipment building shall not occupy more than five hundred (500) square feet of gross roof area, or be more than sixteen (16) feet in height.

(5)

All equipment buildings shall meet all city design standards and comply with the South Florida Building Code, latest Broward County Edition.

(6)

No commercial advertising, including company name, shall be allowed on an antenna, screen or equipment building.

(7)

No signals, lights, or illumination shall be permitted on an antenna or equipment building unless required by the Federal Communications Commission or the Federal Aviation Administration. Security lighting around the base of the antenna and equipment building may be provided if such light conforms to the overspill requirement in the City Code.

(8)

The only signage that may be permanently attached to the building shall be for the purpose of identifying the party responsible for operation and maintenance of the facility, its address, telephone number and for safety and security.

(9)

Mobile or stationary equipment not located within the building upon which the antenna is mounted, or in an equipment building, shall not be stored or parked on the site of a building mounted antenna, unless repairs to the antenna are being made.

(10)

At the time of issuance of a building permit, the applicant shall enter into a contractually enforceable agreement with the city that requires the applicant or the owner of any antenna support structure to remove it upon abandonment.

(11)

Antennas and related equipment buildings shall be located or screened to minimize the visual impact of the antenna and equipment building upon adjacent properties. Any such screening shall be of a material and color which is compatible with the colors of the exterior of the building upon which it is situated.

(c)

Antenna types. To minimize adverse visual impacts, antennas shall be screened or integrated to blend into their support structure. If a non-stealth facility is proposed, the applicant shall be required to demonstrate, in a technical manner acceptable to the city, why the stealth facility cannot be used for the particular application.

(d)

Antenna dimensions.

(1)

Omni-directional (whip) antennas must not exceed three (3) feet in diameter and fifteen (15) feet in height.

(2)

Directional or panel antennas must not exceed two and one-half (2.5) feet in width and eight (8) feet in height.

(3)

Microwave dish antennas must not exceed six (6) feet in diameter.

(e)

Application procedure.

(1)

Each application for a building mounted antenna permit shall be reviewed as a minor site plan adjustment. The city may request such additional information as may be necessary to fully review and evaluate the potential impact of the proposed antenna.

(2)

A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the State of Florida, which certifies the antenna and support structure's compliance with applicable standards as set forth in the South Florida Building Code, latest Broward County Edition, and any associated regulations for wind load. The statement shall include certification that the building upon which the antenna is mounted can support the load imposed by the antenna, its support structure, and any equipment building.

(3)

Each application for a building mounted antenna permit shall include a certified statement prepared by a radio frequency engineer, which. certifies the operation of the Antenna complies with current emission standards of the Federal Communications Commission, and will not interfere with the normal transmission or reception of radio, television and telephonic services enjoyed by adjacent residential and nonresidential properties or any emergency communications regardless of point of origin.

(4)

Prior to the issuance of a building mounted antenna permit, the applicant shall provide evidence that the antenna complies with applicable Federal Aviation Administration regulations. Where the antenna will not exceed the highest point of the building upon which it is mounted, such evidence shall not be required.

(5)

Each applicant for a building mounted antenna shall provide an inventory of the applicant's existing building mounted antennas and communication towers that are either within the jurisdiction of the city or within three (3) miles of the city limits, including specific information about the location, height, and design of each facility or tower.

(f)

Prohibitions. The location of a new building mounted antenna in any zoning district other than those districts specified above shall be prohibited.

(Ord. No. 402-98-E, § 1, 8-25-98; Ord. No. 402-11-D, § 6, 5-10-11; Ord. No. 402-13-C, § 9, 5-14-13; Ord. No. 402-16-D, § 2, 5-10-16)

(a)

Where permitted. Communication towers may be permitted in the following zoning districts:

(1)

(I-1) Light industrial District

(2)

(CF) Community Facilities District

(3)

(B-3) General Business District—Only a stealth facility integrated into a developed parcel of land at least forty (40) acres in size is permitted. One (1) stealth facility is allowed per parcel.

(b)

Minimum standards. Communication towers shall be subject to the location requirements set forth in Tables 1 and 2 at the end of this section and the following minimum standards:

(1)

The height of a communication tower shall be the minimum size necessary for effective operation but shall not exceed one hundred fifty (150) feet. Tower height shall be measured from the crown of the road of the nearest public street.

(2)

Communication towers shall comply with the requirements relating to minimum distances from residential zoning districts.

(3)

Communication towers shall comply with the minimum requirements relating to distance between towers as provided in Table 3.

(4)

All equipment for the necessary operation of the communication tower shall be located within an equipment building or other enclosed structure.

(5)

All equipment buildings shall meet all building design standards of the City Code, and comply with the South Florida Building Code, latest Broward County Edition.

(6)

An eight-foot high opaque fence or wall, as measured from the finish grade of the site, shall be required around the base of a communication tower (unless a stealth facility), and any equipment building.

(7)

Landscaping, consistent with the requirements of the City Code, shall be installed around the exterior perimeter of a communication tower, fence, wall, or equipment building. The city, however, may require landscaping in excess of the requirements of the City Code in order to enhance compatibility with adjacent residential and nonresidential land uses.

(8)

No commercial advertising, including company name, shall be allowed on any portion of the communication tower, fence, wall, or any equipment building.

(9)

No signals, lights or illumination shall be permitted on the communication tower, fence, wall or any equipment building or structure, unless required by the Federal Communications Commission or the Federal Aviation Administration. Security lighting around the base of a communication tower and equipment building may be provided if such light conforms to the overspill requirements of the City Code.

(10)

The only signage that may be permanently attached to the building shall be for the purpose of identifying the party responsible for operation and maintenance of the facility, its address, telephone number and for safety and security.

(11)

Mobile or stationary equipment not located within an equipment building shall not be stored or parked on the site of a communication tower, unless repairs to the tower are being made.

(12)

At the time of issuance of a building permit, the applicant shall enter into a contractually enforceable agreement with the city that requires the applicant or the owner of any antenna support structure to remove it upon abandonment.

(13)

To the extent possible, all communication towers shall be of a neutral color, designed to blend into the surrounding environment. This requirement, however, may be superseded by the requirements of other county, state or federal regulatory agency possessing jurisdiction over communication towers.

(14)

All communication towers shall have the capacity to permit multiple users. At a minimum, monopole towers shall be able to accommodate two (2) users and, at a minimum, self support lattice towers shall be able to accommodate three (3) users.

(c)

Communication tower types. If a non-stealth facility is proposed, the applicant shall be required to demonstrate, in a technical manner acceptable to the city, why a stealth facility cannot be used for the particular application. Further, the applicant shall employ its best efforts to place or screen the non-stealth facility so as not to be visible from abutting properties or public rights-of-way.

(d)

Application procedure.

(1)

Each application for a communication tower shall comply with all city requirements for site plan approval. Stealth facilities shall be reviewed as a minor site plan adjustment. The city may request such additional information as may be necessary to fully review and evaluate the potential impact of the proposed tower.

(2)

A statement shall be prepared by a professional registered engineer licensed to practice in the State of Florida, which certifies the tower's compliance with the South Florida Building Code, latest Broward County Edition, and any associated regulations, including Electronic Industry Association Telecommunications Industry Association Standard for wind load. The statement shall describe the tower's capacity, including an example of the number and type of antennas it can accommodate. No communication tower shall be permitted to exceed its loading capacity.

(3)

Each application for a communication tower permit shall include a statement prepared by a radio frequency engineer, which certifies that the communication tower complies with current emission standards of the Federal Communications Commission, and will not interfere with the normal transmission or reception of radio, television and telephonic services enjoyed by adjacent residential and nonresidential properties or any emergency communications regardless of point of origin.

(4)

Prior to the issuance of a communication tower permit, the applicant shall provide evidence that the communication tower is in compliance with applicable Federal Aviation Administration Regulations.

(5)

Each applicant for a communication tower site shall provide an inventory of the applicant's existing building mounted antennas and communication towers that are either within the jurisdiction of the city or within three (3) miles of the city limits, including specific information about the location, height, and design of each facility or tower.

(e)

Inspections.

(1)

Owners of communication towers shall submit a report to the city's building department certifying structural and electrical integrity on the following schedule:

a.

Monopole towers. At least once every five (5) years.

b.

Self support lattice towers. At least once every two (2) years.

(2)

Inspections shall be conducted by an engineer licensed to practice in the State of Florida. The results of such inspections shall be provided to the city. Based upon the results of the inspection, the city may require more frequent inspections. If there is reason to believe the structural or electrical integrity of a communications tower is jeopardized, the city, after providing notice and an opportunity to be heard to the owner of the communication tower, may require repair or removal of the tower.

(3)

The city may conduct periodic inspections of communication towers to ensure structural and electrical integrity.

(f)

Prohibitions. The location of a new communication tower in any zoning district other than those districts specified above shall be prohibited. Notwithstanding the foregoing, communication towers in existence as of the effective date of this article may be replaced with a tower of equal or less visual impact in the same location and upon approval by the city pursuant to the applicable provisions of this article.

Table 1

Location Requirements:
Communications Towers Less Than
50 Feet in Height

*As measured on a straight line from the two (2) closest points between the nearest residential zoning district line and the nearest point of the proposed tower structure.

Table 2

Location Requirements:
Communications Towers
50—150 Feet in Height

*As measured on a straight line from the two (2) closest points between the nearest residential zoning district line and the nearest point of the proposed tower structure.

Table 3

Minimum Tower Separation Distances

(Ord. No. 402-98-E, § 1, 8-25-98; Ord. No. 402-01-C, § 2, 5-8-01)

To minimize adverse visual impacts associated with the proliferation and clustering of communication towers, collocation of antennas on existing or new towers shall be encouraged in all zoning districts by:

(a)

Only issuing permits to qualified shared facilities at locations where it appears there may be more demand for towers than the property can reasonably accommodate; or giving preference to qualified shared facilities over other communication towers in authorizing use at particular locations.

(b)

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

(1)

The proposed communication tower is appropriately designed for sharing.

(2)

The communication tower owner is prepared to offer adequate space on the tower to others on fair, reasonable and non-discriminatory terms, and to negotiate leases promptly and without undue delay.

(c)

To satisfy the requirements of this section, the communication tower owner must submit a written evaluation of the structural capacity of the tower.

(d)

The requirements of this section will be deemed to have been met if the communication tower owner certifies to the city that it will offer space to other unaffiliated entities on commercially, reasonable terms, and to negotiate leases promptly and without undue delay. A condition of any permit for a qualified shared facility shall be that the permit shall be terminated, and the tower removed, if the city finds the tower owner is not complying with its obligations under this section.

(e)

Collocation of antennas by more than one (1) provider on existing or new communication towers shall take precedence over the construction of new single-use communication towers. Accordingly, each application for a communication tower shall include the following:

(1)

A written evaluation of the feasibility of sharing a communication tower. The evaluation shall analyze one (1) or more of the following factors:

a.

structural capacity of the tower or towers;

b.

radio frequency interference;

c.

geographical service area requirements;

d.

mechanical or electrical incompatibility;

e.

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

f.

availability of towers for collocation;

g.

any restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the tower.

h.

additional information requested by the city.

(2)

The city may deny an application if an available collocation is feasible and the application is not for such collocation.

(f)

The city shall retain a list of all communication towers that are qualified shared facilities located within the city, and will provide a copy of the list to all potential applicants.

(Ord. No. 402-98-E, § 1, 8-25-98)

(a)

Where permitted. Satellite earth stations may be permitted in the I-1 Light Industrial District.

(b)

Minimum standards. Satellite earth station shall comply with the following minimum standards:

(1)

The satellite earth stations shall be adjacent to a minimum twenty thousand (20,000) square foot office building and located on an approved communication, radio, television, microwave transmission or relay station that has received a special exception use permit in accordance with subsection 16-80(c)(9) of this Code.

(2)

The satellite earth station shall not have frontage on a Broward County Trafficway.

(3)

The satellite earth station shall not be located within five hundred (500) feet of any residential zoning district.

(4)

A minimum setback of eighty (80) feet from adjacent public rights-of-way shall be maintained.

(5)

The satellite earth station shall not exceed the height of the principal building.

(6)

The site should be designed to minimize visual impact of the satellite earth station from the public right-of-way and adjacent properties.

(7)

No commercial advertising, including company name, shall be allowed on any portion of the satellite earth station equipment, fence, or wall.

(c)

Application procedure. Each application for a satellite earth station shall comply with all city requirements for site plan approval.

(d)

Prohibition. The location of a satellite earth station in any zoning district other than specified above shall be prohibited.

(Ord. No. 402-13-F, § 4, 9-10-13)

(a)

In the event all legally approved use of any antenna or communication tower has been discontinued for a period of one hundred eighty (180) consecutive days, the antenna or communication tower 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 affidavits from the antenna or communication tower owner regarding the issue of usage.

(b)

At such time as the community development director reasonably determines that an antenna or communication tower is abandoned, the community development director shall provide the antenna or communication tower owner with written notice of an abandonment determination by certified mail. Failure or refusal by the owner to respond to the notice within sixty (60) days of receipt of such notice, shall constitute prima facie evidence that the antenna or communication tower has been abandoned.

(c)

If the owner of the antenna or communication tower fails to demonstrate that the antenna or communication tower is not abandoned, the antenna or communication tower shall be considered abandoned and the owner of the antenna or communication tower shall have an additional one hundred twenty (120) days from the end of the initial sixty-day notice period within which to: (i) reactivate the use of the antenna or communication tower or transfer the antenna or communication tower to another owner who makes actual use of the antenna or communication tower within the one hundred-twenty-day period, or (ii) dismantle and remove the antenna or communication tower. If one hundred twenty-one (121) days from the date of abandonment, the communication tower has not been reactivated and the communication tower has not been dismantled and removed, the owner shall be in violation of this section.

(Ord. No. 402-98-E, § 1, 8-25-98; Ord. No. 402-09-G, § 11, 11-24-09; Ord. No. 402-13-F, § 3, 9-10-13)