The purpose of this article is:

(A)

To establish general guidelines for the siting of WCFs, including all accessory facilities or structures.

(B)

To prohibit where lawful the location of all WCFs (including WCAs) and accessory facilities or structures in residential areas and land conservation areas.

(C)

To limit WCFs other than WCAs to property zoned Industrial Heavy (IH), Industrial Restricted (IR), Intensive Business District (IB), Highway Business District (HB), Neighborhood Business District (NB), General Business District (GB), Waterfront Marine Industry Development District (WDII), Commercial Planned Development (CPD), and the Public/Semi-Public District (P/SP).

(D)

To minimize the total number of towers and other visually intrusive WCF and accessory facilities or structures in the City.

(E)

To allow the use of existing structures to support provider WCFs as an alternative to new WCFs construction.

(F)

To require the placement of stealth WCFs, including but not limited to, towers and antennas.

(G)

To require the joint use of towers through co-location of antennas if such co-location would lessen the visual impact of new facilities on the community.

(H)

To encourage design and construction of WCFs and accessory facilities or structures which minimize the adverse visual impacts while enhancing the ability of wireless communications services providers to provide such services within the provider's service area quickly, effectively and efficiently.

(I)

To adopt regulations that do not unreasonably discriminate between providers with functionally equivalent services.

(J)

To adopt regulations that preserve the City's zoning authority over the placement, construction and modification of WCFs, as affirmed in the Telecommunications Act (TCA) of 1996.

(K)

To minimize the negative impact of all WCFs, establish a fair and efficient process for review and approval of such facilities, and to protect the health, safety, and welfare of the residents of, and visitors to, the City of Tarpon Springs.

(L)

To permit and manage reasonable access to the limited physical capacity of the available public rights-of-way of the City for telecommunications purposes in a nondiscriminatory, competitively neutral, and non-exclusive way to the extent required under applicable law.

(M)

To enable the City to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development.

(N)

To provide for the deployment of small and micro wireless facilities and associated support structures in a manner which preserves the City's aesthetic and minimizes visual blight.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

For purposes of this Article, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory.

Accessory Facility or Structure means an accessory facility or structure serving or being used in conjunction with WCFs, and located on the same property or lot as the WCFs, including but not limited to, utility or transmission equipment storage sheds or cabinets whether located above ground or under ground.

Applicant means any wireless service provider submitting an Application for a Permit for WCFs and any associated accessory facilities or structures.

Application means all necessary and appropriate documentation that an Applicant submits in order to receive a Permit for a WCF and any associated accessory facility or structure.

Antenna or Wireless Communications Antenna (WCA) means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to, radio, television, cellular, paging, personal communications services (PCS), microwave communications and services not licensed by the FCC, but not expressly exempt from the City's siting, building and permitting authority. Unless otherwise specified, this definition of antenna shall not include direct-to-home satellite services, as defined in 47 U.S.C. § 303(v), amateur radio antennas and satellite earth stations. An array of antennas installed at one time and designed as a single, integrated system shall be considered a single antenna for purposes of this Article. Antennas (or WCA) are considered to be a type of WCF for purposes of this Article unless otherwise stated. The term includes all supporting electrical and mechanical equipment, including but not limited to, any building, tower or structure on which an antenna is located.

Antenna support structure means any building, tower or other support facility or structure on which an antenna is located.

City Property means and includes all real property, utility poles, conduits, bridges and similar facilities owned by the City, other than public streets and utility easements, and all property held in a proprietary capacity by the City, which are not subject to right-of-way licensing or other legal impediments preventing their use for WCFs.

City staff means the City Manager or his/her designee.

Co-location/co-locating means the use of a tower or structure to support antennas or other WCFs for the provision of wireless services without increasing the height of the tower or structure. The term includes the ground, platform or roof installation of related equipment enclosures, cabinets or buildings, cables, brackets, and other such equipment associated with the placement and operation of the antennas or other WCFs. Co-location is intended to reduce environmental, economic, safety and visual impact for the City. Co-location shall not be required where to do so would adversely affect environmental, safety or visual impact for the City.

Commercially impracticable means the inability to perform an act on terms that are reasonable in commerce; the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be commercially impracticable and shall not render an act or the terms of an agreement commercially impracticable.

Communications Tower means a guyed, monopole or self-support lattice tower, constructed as a free-standing structure, containing one or more antennas, used in the provision of wireless service, excluding radar towers, amateur radio support structures licensed by the FCC, private home use satellite dishes and television antennas and satellite earth stations installed in accordance with applicable needs and laws. Only monopole towers, or camouflaged stealth towers may be erected in the City of Tarpon Springs.

Completed Application means an Application that contains all information and/or data necessary to enable an informed decision to be made by the City with respect to an Application.

Commission means the City Commission for the City of Tarpon Springs.

FAA means the Federal Aviation Administration, or its duly designated and authorized successor agency.

FCC means the Federal Communications Commission, or its duly designated and authorized successor agency.

Grantee means the person legally holding the City issued Permit for the WCF.

Height means, when referring to a tower or structure, the distance measured from the finished grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightening protection device.

Modification or Modify means, the addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or upgrade or change out of equipment for better or new modern equipment. Adding a new wireless carrier or service provider to a communications tower or communications site is a modification. A modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair or maintenance of a wireless facility without adding, removing or changing anything.

Monopole means a communications tower consisting of a single solid surface pole or spire which is self-supported by a permanent foundation constructed without guy wires and ground anchors and which is not of a lattice design.

NIER means Non-Ionizing Electromagnetic Radiation.

Permit, unless otherwise specified, means the Conditional Use Permit that is the official document of permit by which an applicant is allowed to construct and use WCFs as granted or issued by the City.

Person means any individual, corporation, estate, trust, partnership, joint stock company, association of two or more persons having a joint common interest, or any other entity.

Personal Wireless Services (PWS) or personal communications service (PCS) shall have the same meaning as that found in the TCA.

Provider means any independent entity which is marketing a wireless communications service to any customer, or which is traversing, or emplacing in the City, wireless communication service appurtenances for the commercial offering of such service. For the purposes of determining the number of providers co-locating, no two providers shall have any common ownership, corporate or affiliate, legally recognized as a business association, or as a contract or subcontract for providing the same service.

Stealth or Stealth Technology means minimizing adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such WCF and accessory facility or structure, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.

Temporary means something intended to, or that does, exist for fewer than 90 days.

Telecommunications Tower means a guyed, monopole or self support lattice tower, constructed as a free-standing structure, containing one or more antennas, used in the provision of wireless service, excluding radar towers, amateur radio support structures licensed by the FCC, private home use satellite dishes and television antennas and satellite earth stations installed in accordance with applicable needs and laws. Only monopole towers.

Wireless Communications Facilities(s) (WCF or WCFs) include "Communications Tower" and "Tower" and "Communications Site" and "Personal Wireless Facility" and means a structure, facility or location designed, or intended to be used as, or used to support, antennas or other transmitting or receiving devices. This includes without limit, towers of all types and kinds and structures that employ camouflage technology, including but not limited to structures such as steeples, crosses, water towers, flag poles, artificial trees or any other structures that can be used to mitigate the visual impact of an antenna or the functional equivalent of an antenna, including all related facilities such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, paging, emergency calls (911), PCS, commercial satellite services, microwave services, and services not licensed by the FCC, but not expressly exempt from the City's siting, building and permitting authority, excluding those used exclusively for the City's fire, police or exclusively for private, non-commercial radio and television reception and private citizen's bands, amateur radio and other similar non-commercial communications where the height and size of the facility is below the height limits set forth in this Article and other applicable sections of the Code. The term does include all WCAs unless otherwise expressly indicated.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

(A)

This article shall apply to all WCFs, including all WCAs and accessory use facilities or structures. The requirements set forth in this article shall govern the height, design and placement of WCFs and accessory use facilities or structures. The installation of a WCF on a building that is nonconforming in terms of current height or use limitations shall not be deemed to constitute the expansion of the nonconforming use.

(B)

Non-commercial, amateur radio antennas as provided for in F.S. § 166.0435 and privately-owned satellite service reception antennas are considered residential or nonresidential accessory uses and are exempt from the provisions of this article.

(C)

Antenna support structures, antennas, and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the FCC shall be regulated in accordance with federal and other applicable local regulations.

(D)

In the event that any provision of this article may be found to be in conflict with Article IV of chapter 15 of the Tarpon Springs Code (concerning the deployment of small and microcell technology), the provisions of that Article shall control.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

Unless otherwise specifically indicated, Sections 264.00 and 265.00 apply to WCAs and their accessory facilities and structures only.

(A)

Antennas and supporting mechanical equipment may be installed on or attached to existing structures, such as wireless or water towers, buildings, light or power poles, or other freestanding structures in all zoning districts (inclusive of rights-of-way) except; Single Family Residential (R-100, R-100A, R-70A), One and Two Family Residential (R-60 and R-70), Conditional Residential Mix (CRM), Residential Planned Development (RPD), and Land Conservation (LC). No WCFs will be permitted in the above-mentioned zoning districts unless such placement is compelled by the requirements of the Telecommunications Act.

(B)

Wireless communications facilities may be installed on or attached to City Property if the provider or facility owner obtains a lease or license agreement with the City.

(C)

Wireless small or microcell communications facilities may be installed on or attached to existing structures in the rights-of-way of arterial roads if the provider or facility owner complies with all provisions of this article, Article IV of chapter 15 of the Tarpon Springs Code, and of Article IX of the Land Development Code regarding Development Standards.

(D)

Equipment cabinets to service antennas placed in the rights-of-way shall be located underground. The placement of equipment cabinets shall not cause a conflict with other public and private utilities in such right-of-way and shall be located in a manner that will allow public and private utilities to share such right-of-way with such equipment cabinets. The location of any above-ground access to such equipment shall not conflict with pedestrian and handicapped accessibility of sidewalks.

(E)

WCAs shall require no personnel on the premises except as necessary for maintenance and repair.

(F)

No accessory equipment cabinets or shelters greater in size than six feet by six feet by ten feet shall be allowed in any governmental rights-of-way and only if the placement of a cabinet or shelter of such size will not interfere with the use of said right-of-way by other utilities, public or private. The least visually distracting and smallest size cabinet or shelter suitable for providing the necessary service to serve the WCA shall be the maximum allowed.

(G)

A WCA proposed to be located on a historic landmark, in a designated historic district, or in the community redevelopment future land use district (CRD), may be denied if the WCA creates a detrimental impact on the historic character of the historic landmark or the applicable district.

(H)

Antennas may not be placed on the following structures: street signs, street lights and lamps, sign poles, pedestrian crossings, traffic signals, traffic signal poles, traffic signal arms, or on any pole or structure that is less than 15 feet in height.

(I)

New poles in rights-of-way must meet the following locational criteria:

(1)

Shall be located no further than 250 feet from a roadway intersection or in an alley.

(2)

Shall meet distance requirements as specified by the City Engineer, the City Building Official, the City Planning and Zoning Director, or the Fire Marshall for intersections, drives, sidewalks (existing and future), handicapped access in accordance with the Americans with Disabilities Act, protected trees (greater than four inches in diameter at breast height), traffic light poles, energized electric lines, hydrants, and other structures/features that have the potential to affect life/safety with new poles.

(3)

In residential districts, location is restricted to where the shared property line between two residential parcels intersects the right-of-way, or otherwise in a manner that demonstrates the least impact to access to private property. Where the residential use occupies only one side of the street, the poles shall be placed on the opposite side of the street.

(4)

In non-residential districts, location is restricted to the area between tenant spaces or adjoining properties where their shared property lines intersect the right-of-way, or otherwise in a manner that demonstrates the least impact to access to private property.

(J)

WCAs are prohibited from locating or co-locating on any bridge structure within the City.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

(A)

Any antenna placed on an existing tower, building, pole, facility, or other structure shall not add more than 10 feet to the height of the existing structure, and shall not add more than two (2) feet to the diameter or cross-sectional area or the existing structure, provided all other applicable standards are met.

(B)

Any antenna placed on a structure within the rights-of-way shall not cause the full height of the structure plus antenna to exceed 40 feet or the height of the structure, whichever is larger. If the antenna is to be placed in the rights-of-way in any area zoned for residential use or in areas zoned General Business District (GB), Waterfront Development (WDI), and Waterfront Commercial Fishing Development (WDI-A), the antenna must be flush with the structure and not exceed its height.

(C)

Any provider seeking to place an antenna in the rights-of-way shall abide by all applicable sections of this article, Article IV of chapter 15 the Tarpon Springs Code, and of Article IX of the Land Development Code regarding Development Standards. A provider seeking to place an antenna in the rights-of-way shall first obtain permission from the owner of the pre-existing structure to place the antenna on the structure.

(D)

Except as to existing non-stealth towers, stealth antennas shall be required. To qualify as a stealth antenna, illustrations or pictures of facilities similar to that proposed must be presented at the time of application for a Permit. The City staff shall make the final determination as to whether the proposed facility complies with the intent of this article and qualifies as a stealth antenna. Such final determination may be appealed to the board of adjustment (BOA) and any appeal permitted by this Code or by applicable law may be pursued from the determination rendered by the BOA.

(E)

WCAs must be placed in a location not visible from any street unless an acceptable signal cannot be obtained from that location. If an antenna must be placed where it is visible from the street, or, if it is proposed for placement within a right-of-way, it must be placed wholly on the subject property and must not obstruct the visibility triangle as outlined in Section 37.00 of the City Code. This restriction is a safety based one necessary to provide unobstructed sight distance in both directions on all approaches to an intersection, so that the vehicle operator is afforded an opportunity to avoid collisions and that pedestrians can observe approaching vehicles.

(F)

If placed on an antennas support structure, the antenna and associated electrical and mechanical equipment shall be of neutral color that is identical to or compatible with the color of the supporting structure, so as to make the antenna and equipment as unobtrusive as possible. Additionally, the aesthetics of top-mounted antennas shall be consistent with the support structure on which the antenna is located.

(G)

No lighting shall be permitted unless required by the FAA or FCC. At time of construction of an antenna, in cases where there are residential uses located within a distance, which is 300 percent of the height of the antenna, dual mode lighting shall be requested from the FAA and/or FCC.

(H)

WCAs shall be constructed in compliance with all applicable local, state and federal construction codes.

(I)

WCAs shall comply with all applicable FCC and FAA regulations.

(J)

The WCA shall meet all requirements of the zoning district in which it is located which do not directly conflict with this article.

(K)

All WCAs shall be designed to blend into or meet the architectural design character of the principal (primary) structure where possible.

(L)

A new pole that is replacing an existing utility pole shall be of substantially similar design, material, and color as the utility pole being replaced, or shall meet the design standards of paragraph (M) below if outside of a designated scenic corridor or paragraph (N) below if located within a designated scenic corridor.

(M)

A new pole that is not replacing an existing utility pole in a right-of-way shall meet the following design standards, except within a designated scenic corridor:

(1)

Poles shall be powder coated and black, dark brown, or dark green in color.

(2)

Poles shall be either round or fluted in shape.

(3)

Poles shall have a decorative base.

(4)

Within the City's Historic District, the Special Area Plan (SAP) zoning district, and the Community Redevelopment Area (CRA), poles shall include decorative street lighting meeting the City's design standards for such lighting within the CRA.

(N)

A new pole that is not replacing an existing utility pole in a right-of-way that is within a designated scenic corridor shall be designed and maintained as a flag pole with the flag of the United States displayed and maintained in accordance with the U.S. Flag Code (4 USC, Chapter 1) including proper illumination during hours of darkness.

(O)

The height of a small wireless facility shall be limited to 10 feet above the utility pole or structure upon which the small wireless facility is to be collocated. The height for a new utility pole is limited to the tallest existing utility pole located in the same contiguous right-of-way as of July 1, 2017, measured from a grade in place within 500 feet of the proposed location of the small wireless facility. If there is no utility pole within 500 feet, the height of the utility pole shall be no greater than 50 feet, inclusive of the height of the small wireless facility attached thereto.

(P)

A new utility pole or similar vertical structure to support a small wireless facility installed in public right-of-way must be designed to afford collocation of at least three antennae, and must be of a design which will limit the added visual blight the installation will cause, and/or which will provide alternative functionality to enhance public safety, such as by incorporation of decorative lighting elements.

(Q)

Cabinets, grounding rods and other associated equipment located within a right-of-way, including connecting equipment shall be located underground and must meet the following criteria:

(1)

No exposed wiring or conduit is permitted.

(2)

All remaining equipment such as mounting fixtures, banding fixtures, pull boxes, and the like, shall match the color of the pole or structure.

(R)

WCAs shall not include advertising of any kind.

(S)

WCAs shall not interfere with any water view or any designated scenic corridor and to the greatest extent possible use camouflaging techniques to blend in with the surrounding area. Any WCA proposed for a navigation marker, dock, or other in-water structure where the structure owner has given permission must be flush with the structure and not exceed its height.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

For the purposes of Sections 266.00, 267.00 and 268.00 the term WCF does not include WCAs unless otherwise indicated.

(A)

Towers for amateur radio usage shall be allowed in all zones subject to other governmental regulations and the height of such tower shall be limited by the appropriate district regulation and the height of such amateur radio tower or any other type of tower shall be subject to adjustment pursuant to any other section of the uniform development code.

(B)

WCFs and Accessory facilities or structures shall be prohibited in all areas within the City except upon property zoned Industrial Heavy (IH), Industrial Restricted (IR), Intensive Business District (IB), Highway Business District (HB), Neighborhood Business District (NB), General Business District (GB), Waterfront Marine Industry Development District (WDII), Commercial Planned Development (CPD), and the Public/Semi-Public District (P/SP)

(C)

The locating of towers in the public rights-of-way or public lands is subject to prior approval by the City of a franchise, lease, license, Permit, or other specific grant of authority to utilize said rights-of-way for such purpose.

(D)

It is recognized that different wireless communications services and providers have distinct geographical areas in which they must be located to provide their service, but it is also recognized that there is usually some flexibility in the type of antenna and support structure on which the antenna is to be located. Therefore, before a new tower can be approved, and as long as the City determines that in the case of co-location the co-location would not adversely impact the environment, safety or aesthetics within the City, the applicant shall establish that it is not reasonably possible to locate the antenna in accordance with the following prioritization of types of facilities and sites:

(1)

Antennas on existing towers.

(2)

Antennas on existing antenna support structures.

(3)

Antennas on modified or reconstructed towers designed to accommodate the co-location of additional carriers.

(4)

Antennas on an existing building that has not been previously used as a support structure for a WCA.

(5)

Antennas on modified light standards, power poles or such other structures in a nonresidential zoning district.

(6)

Antennas on City Owned property.

(7)

Antennas on property where the City may grant a sublease to the applicant.

(8)

Towers on City Owned property.

(9)

Towers on property where the City may grant a sublease to the applicant.

(10)

Towers on Land zoned Industrial Heavy (IH) or Industrial Restricted (IR).

(Ord. 2004-04, passed 3-16-04)

(A)

WCFs and accessory facilities or structures are established as uses requiring development review and approval, and will not be approved unless compliance with the specific criteria set forth in this article and all other ordinances of the City can be demonstrated.

(B)

All WCFs and accessory facilities or structures shall be constructed in compliance with all applicable construction codes, which shall include electronic industries association and telecommunications industries association standards (EIA/TIA). Specifically, telecommunication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard, according to EIA/TIA 222-F Standards, to adjoining properties. Communication towers shall be constructed to the EIA/TIA 222-F Standards, as published by the Electronic Industries Association, which may be amended from time to time, and all applicable city and state building codes. Further, any improvements and/or additions (i.e., antenna, satellite dishes, etc.,) to existing communications towers which exceed the design of the structure or which are not routine maintenance shall require submission of site plans in accordance with the LDC which demonstrate compliance with the EIA/TIA 222-F Standards in effect at the time of said improvements or additions.

(C)

Notwithstanding anything in the LDC to the contrary, a WCF shall not be higher than the minimum height necessary to provide the required services as demonstrated to the City by competent technical evidence submitted by a properly qualified professional. In no case shall a WCF exceed 150 feet in height, including any WCA placed thereon unless mandated by applicable federal or state law. Measurement of a WCF height shall include the base pad, and other appurtenances and shall be measured from the finished grade of the WCF site.

(D)

No lighting shall be permitted unless required by the FAA or FCC. In cases where there are residential uses located within a distance, which is 300 percent of the height of the tower, dual mode lighting shall be requested from the FAA and/or FCC.

(E)

No signage, unless required by applicable law shall be placed on any tower except as set forth in subsection (L) below.

(F)

All WCFs shall be designed for co-location of at least three WCAs.

(G)

All new proposed towers shall be stealth towers, except in the Industrial Heavy (IH) zoning district where, in the opinion of the City staff, a monopole design would serve the same aesthetic purpose as a stealth design and such opinion has been concurred in by the City Commission at a public meeting which has been noticed to all abutting property owners not less than 15 days prior to such meeting. The property on which such monopole design tower may be located shall not be closer than twice the tower height from a single-family zoning district. Such distance to be measured from property line to property line.

(H)

Any proposed tower not requiring FAA painting/marking and its supporting accessory facilities or structures shall have either a galvanized finish or be painted a neutral, non-glare finish, so as to reduce visual obtrusiveness.

(I)

Tower setbacks shall be measured from the base of the tower to the property lines of the parent parcel. The tower owner shall provide a lease or deed or recorded fall zone easement covering the certified fall radius, and all towers shall be located on a parcel in such a manner that in the event of collapse, the tower structure and its supporting devices shall be contained within the confines of the property lines of the parent parcel. The fall radius of the tower shall be determined and certified by a state licensed professional engineer (PE). Towers shall be located no closer than 25 feet from any property line of the parent parcel.

(J)

Towers shall be separated from any residentially zoned area and from the front property line a minimum of 50 feet or the certified fall zone, whichever is greater. Towers shall be separated from non-residentially zoned areas not closer than the established setbacks in the zoning district in which such tower is located or the certified fall zone, whichever is greater.

(K)

Towers and their accessory facilities or structures shall be set back a minimum of 500 feet from any national register historic district or City historic district or and from any individual structure listed in the National Register of Historic Places and shall comply with all federal, state and local regulations regarding location in national register historic district or City historic district and National Register of Historic Places.

(L)

Freestanding WCFs and accessory facilities or structures shall be enclosed by properly grounded security fencing, built with materials other than chain link or barbed wire with not less than 85 percent opacity and of design deemed appropriate by the City staff. Such fencing shall be required around all communication tower sites. The fence shall also be equipped with an appropriate anti-climbing device. The fence or wall shall be at least eight feet in height from finished grade. Access to the tower shall be only through a locked gate built of materials other than chain link and not less than 85 percent opacity and of a design deemed aesthetically appropriate to the area by City staff. The gate must be the same height as the fence. In addition to the extent that high voltage or other dangers exist in the area of the WCFs and accessory facilities or structures, the fencing shall have signage so indicating. Any such enclosure shall have attached to it in a conspicuous place a sign upon which is indicated the name, address and telephone/telecopy number of whom to contact in an emergency. The signs required herein shall not be greater in size than one square foot. City staff may waive the fencing requirement for stealth towers if such would detract from the aesthetic benefit of the stealth tower and to do so would pose no safety risk.

(M)

WCFs and accessory facilities or structures shall be constructed in compliance with all applicable local, state and federal construction codes.

(N)

WCFs shall not exceed "Radio Frequency Protection Guides" in American National Standards Institute "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 300k to 100GHz" (ANSI C95.1-1992). The WCF owner shall be prepared to demonstrate the percentage of compliance with ANSI standard C95.1-1992 upon written request by the City Manager or designee.

(O)

No equipment, mobile or immobile, that is not used in direct support of the transmission or relay facility, shall be stored or parked on the site unless repairs to the facility are being made and the equipment is necessary to support those repairs.

(P)

WCFs and accessory facilities or structures shall be required to have a landscaped buffer external to the fencing, so that the base of the WCFs and accessory facilities or structures and all other electrical appurtenances shall be screened from any right-of-way, residential use, or residential zoning district to 90 percent opacity within six months of time of installation. Such landscaped buffer shall be placed on the site in a manner which will maximize the aesthetic and environmental benefits while at the same time providing the visual buffer required hereby. Such landscaped buffer shall consist of hedges planted leaf-to-leaf which shall reach a height of not less than 15 feet at maturity and shade trees of at least three inches in diameter at breast height, and also not less than 15 feet at maturity and planted every 20 feet along the approved buffer. The trees shall be at least four feet in height when planted. Such buffering and screening, including fence type and design, shall be constructed on the subject property in areas directed by the City staff of a design deemed appropriate by the City staff. All landscaping shall be of the evergreen variety. All landscaping shall be drought tolerant (xeriscape plantings) or irrigated, and properly maintained to ensure good health and viability. Existing vegetation shall be preserved to the maximum extent practicable and may be credited as appropriate toward meeting landscaping requirements. Shrubs shall also be planted and maintained around the guy anchors for visual screening purposes. A design/landscape plan is required for all proposed WCF sites, showing the proposed location of the WCF, guy anchors and any existing or proposed landscaping as required by this Article. Landscaping shall comply with Article IX section 133.00 et seq. and Section 134.00 et seq. unless waived by City Staff. City staff may waive or modify the landscaping requirement for WCFs and accessory facilities or structures if such would detract from the aesthetic benefit of the WCFs and accessory facilities or structures.

(Q)

One unmanned communication equipment building or structure not more than 300 square feet, and with a height not to exceed 12 feet, may be constructed for each communication service provider that co-locates one or more antennas on a tower site. At a tower site, design of the buildings and related structures shall, where practicable, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings to minimize the visual impact. The least visually distracting and smallest size cabinet or shelter suitable for providing the necessary service to serve the WCF shall be the maximum allowed. Underground cabinets and structures shall be required where not commercially impracticable.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

All WCAs, WCFs and their accessory facilities and structures are subject to the provisions of this section. For the purposes of this section unless specifically stated otherwise the term WCF shall include the term WCA and all accessory facilities and structures.

In order to ensure that the placement, construction, and modification of WCFs protects the City's health, safety, public welfare, environmental features and other aspects of the quality of life within the community, the City Commission hereby adopts an overall policy with respect to a Conditional Use Permit for all WCFs. The City desires to establish a policy for examining an application that is both fair and consistent. To that end each applicant shall adhere to the requirements of this section. WCAs are specifically not exempted from the process because the City finds that the unnecessary proliferation of WCAs can have an adverse impact on the health and safety of residents and can also have a negative visual impact on the City. Unchecked co-location can have more visual impact than permitting an additional tower if co-location would mean an increase in the height of an existing structure. The City also finds that where a co-location structure becomes fully loaded it also becomes highly visible and may have a negative impact on the aesthetics of the area. Therefore, the City finds that it is not in its best interest to allow any WCF, including antennas, to be constructed where they are not necessary, or required by applicable law.

(A)

Prior to submitting a formal Application to the City for a Permit under this article, pre-application conferences with the City staff are required in order to discuss application of this article and the applicant's need and so that the City staff can advise the applicant of the specific location(s) where a WCA proposed by the applicant to be located on a support structure which has not previously been used to support a WCA or where other WCFs and their accessory facilities or structures can be located, given the applicant's intended construction plans and locational needs.

(B)

After the City staff and the applicant have discussed a location, the applicant may begin preparing its Application.

(C)

As a part of the Application process, the applicant must demonstrate by the affidavit of a radio frequency engineer or other qualified professional acceptable to the City and supporting documentation including but not limited to maps and calculations demonstrating the need for the proposed WCF, that:

(1)

There is a need for the proposed WCF to provide service primarily and essentially within the City. The applicant shall provide supporting documentation to demonstrate the asserted need. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites; and

(2)

Co-location is not an option. In order to demonstrate that co-location is not an option the applicant must show that an existing tower or structure cannot be used because:

a.

Existing WCFs including those extra-jurisdictional to the City are not of sufficient height or in the required geographic area to meet the applicant's engineering requirements;

b.

Existing WCFs, including those extra-jurisdictional to the City, do not have sufficient structural strength or other physical capacity to support the applicant's proposed antenna and related equipment. Evidence must be certified by an appropriate professional engineer certified to practice in this state;

c.

The applicant's proposed antenna would cause electromagnetic interference with or would be interfered with by other antennas if placed on existing towers or structures, including those extra jurisdictional to the City;

d.

It is commercially impracticable to modify or replace existing towers or utilize existing structures, including those extra jurisdictional to the City, to accommodate the proposed antenna or because no entity will allow co-location and/or modification and is legally justified in such refusal;

e.

The fees, costs, or contractual provisions required of the owner or service provider to share an existing tower or structure renders this option commercially impracticable; or

f.

The applicant shall demonstrate that there are other limiting factors that render the use of existing towers, structures and sites, including those extra jurisdictional to the City, incompatible with the applicant's legal rights and that the City's denial of a Permit would not be legally supportable under the TCA or other applicable law.

g.

Alternatively, if the applicant demonstrates to the satisfaction of the City that co-location would have more of a negative visual or safety effect on the City than the erection of a new WCF the applicant need not prove that co-location is commercially impracticable or incompatible with the applicant's legal rights.

(3)

As part of the demonstration, for any tower that would not fall subject to one of the limiting factors presented above, the applicant shall submit an inventory of all towers or suitable sites located within one mile of the applicant's proposed site, and by demonstration of response, whether the owner of any such tower will allow co-location. Thus, the applicant shall have demonstrated the limiting factors, or refusal, for each such tower or site.

(D)

The Application for the installation of a WCF and all accessory facilities or structures must have all signatures notarized and must be signed by the property owner, and if different the landowner. The Application must be reviewed by the Development Services Department. The Development Services Department shall review all such requests and shall approve such requests that meet the requirements of this article and other applicable land development regulations. Such review by the City shall be without public notice. The City may at its option designate an outside consultant to review the Application and make recommendations to the City with regard to the Application.

(E)

All Applications shall be notarized and signed by the applicant or its, his or her legal representative. The party signing the Application shall attest to the truth and completeness of the information contained in the Application. Any inaccurate, false, or misleading information or statement in the Application may be ground for denial or revocation of the Application or Permit.

(F)

The City may reject applications that do not meet the requirements of this Article, or other applicable sections of the City Code, or which are incomplete.

(G)

All applications shall contain a statement that the proposed WCF shall be maintained in a safe manner and in compliance with the conditions of the permit issued and that the applicant shall comply with all applicable City, state and federal laws, rules and regulations.

(H)

All applications shall contain a statement that the construction of modification of the WCF is legally permissible, including but not limited to the fact that the applicant is authorized to do business in the state.

(I)

Applications for WCFs, shall consist of a scaled site plan and other documents as necessary to demonstrate compliance with the criteria listed in this article. The Application shall including, but not be limited to:

(1)

A legal description of the of the property which is the subject of the Application, including the flood zone and zoning district, the size of the property stated both in square feet and lot line dimensions;

(2)

A diagram showing the location of all lot lines, the location of the nearest residential structure, the location, seize and height of all structures on the property, the location, size and height of all proposed and existing antennas and all appurtenant structures, the type, location and dimensions of all proposed and existing fencing, gates, landscaping;

(3)

The number, type (including the make, model and manufacturer) and design of the proposed WCF;

(4)

A description of the proposed WCF and all related fixtures, structures, utilities, appurtenances and apparatus, including the height above pre-existing grade, materials, color, and lighting;

(5)

The frequency, modulation and class of service of radio or other transmitting or receiving equipment;

(6)

The actual intended transmission and maximum effective radiated power of the WCF;

(7)

Direction of maximum lobes and associated radiation of the WCF;

(8)

Certification that the NIER levels at the proposed site are within threshold levels adopted by the FCC;

(9)

Certification that the proposed WCF will not cause interference with other communications devices;

(10)

A copy of the FCC license applicable for the intended use of the WCF;

(11)

Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and strata, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed WCF on the site (this requirement will be waived for antennas and other structures not large enough to have a significant impact on the stability of the land or the structure on which the antenna is to be located);

(12)

Certification that the WCF's foundation and attachments are designed, and will be constructed to meet all local, state and federal structural requirements for wind loads and other forces of nature anticipated at the specific location;

(13)

Certification that the WCF will be effectively grounded, bonded and installed with appropriate surge protectors so as to protect persons and property;

(14)

All required engineering drawings of the proposed WCF;

(15)

A lease agreement demonstrating that one or more provider(s) intend to locate WCAs on the proposed WCF;

(16)

A copy of the applicant's or the carrier's, for whom the tower or other WCF is designed, FCC license for the service area shall be submitted with the Application;

(17)

A statement by the applicant in the Application of its good faith intent to allow the co-location of the WCA of other entities, provided that the cost of modifying the WCF to accommodate the co-location WCA is borne by the co-locating entity; and

(18)

Such additional information as the City staff may reasonably require.

(J)

As part of the Application the applicant shall furnish a Visual Impact Assessment, which shall include:

(1)

A zone of visibility map which shall be provided in order to determine locations from which the WCF may be seen; and

(2)

Computer rendered digital representations of the proposed WCF, including any attachments, and including any associated structures. The computer rendered digital representations must be superimposed on a photograph of the actual site requested, and they shall be accurate and to scale. These pictorial representations may include "before and after" views from key viewpoints both inside and outside of the City, including but not limited to State highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. Guidance will be provided concerning the appropriate scale and vantage point the representations must comply with at the pre-application meeting.

(3)

In order to better inform the public, in the case of a new communications tower or other tall new structure, the applicant shall hold a "balloon test" prior to the public hearing on the application. The test shall be as follows: applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three-foot diameter brightly colored balloon at the maximum height of the proposed new tower. The dates, (including a second date, in case of poor visibility on the initial date), times and location of this balloon test shall be advertised, by the applicant at the applicant's expense, at seven and 14 days in advance of the first test date. The advertisement shall run in a newspaper with a general circulation in the City and one agreed upon by the City. The applicant shall inform the City, in writing, of the dates and times of the test, at least 14 days in advance. The balloon shall be flown for at least eight consecutive hours sometime between 7:00 a.m. and 4:00 p.m. of the dates chosen. The primary date shall be on a weekend, but the second date, in case of poor visibility on the initial date, may be on a weekday.

(K)

Where certification is called for by this Article or other applicable regulation or law such certification shall bear the signature and seal of a PE licensed in the State of Florida.

(L)

The applicant shall send a written notice to all potential users of the new WCF offering an opportunity for co-location. The list of potential users shall be provided by the City based on those entities that have requested approval of WCF in the past, current FCC license holders and any other entities requesting to be included on the list. If, during a period of 30 days after the notice letters are sent to potential users, a user or users request, in writing, to co-locate on the new WCF, the applicant shall accommodate the request(s), unless co-location is not reasonably possible.

(M)

An existing monopole or stealth tower that is originally built to less than the maximum approved height may be increased to its ultimate height without further development review; however, a building permit will be required prior to implementing the height increase and all current governmental codes and regulations shall be met. No tower that is not a monopole or stealth tower may be increased in height, replaced or substantially modified.

(N)

Compliance with the requirements of this Article will not exempt the applicant from such other government review and permitting procedures as may be applicable.

(O)

Any and all representations made by the applicant to the City during the Application process whether written or verbal, shall be deemed a part of the Application and may be relied upon in good faith by the City.

(P)

An applicant shall inform the City of the number of completed applications determined to be needed by the applicant at the pre-application meeting.

(Q)

Written notification of the Application shall be provided by the applicant to the legislative body of all adjacent municipalities.

(R)

Notwithstanding anything other provision in this Article or the City Code, the City may disapprove an Application for any of the following reasons:

(1)

The Application conflicts with reasonable safety standards or requirements established by City, state or federal ordinances, laws or regulations;

(2)

The Application is in conflict with the historic nature or character of a neighborhood or historical district;

(3)

The Application is in conflict with the already stated purpose of a specific zone or land use designation;

(4)

The Application conflicts with the provisions of this Article.

(S)

Pursuant to F.S. § 365.172(b)1 and 5, the city may, in acting upon applications for wireless communications facilities, consider all applicable city land development and zoning regulations including, but not limited to, regulations addressing aesthetics, landscaping, land use based location priorities, structural design, and setbacks, as well as the applicant's compliance with construction standards adopted by the city under F.S. Ch. 553 which are applicable to all similar types of construction.

(T)

Any Conditional Use Permit issued under this article shall be nonexclusive. It may not be assigned, transferred or conveyed without the express prior written permission of the City.

(U)

Following a hearing upon due prior notice to the applicant, such Conditional Use Permit maybe revoked, canceled, or terminated for a violation of its conditions and provisions. The Conditional Use Permit may also be revoked, canceled, or terminated for a material violation of this Article, after prior written notice to the applicant and the holder of the Conditional Use Permit.

(V)

Application approval deadlines. Pursuant to F.S. § 365.172(13)(d), applications for collocation of WCAs shall be acted upon no later than 45 business days after the date the application is determined by the city to be properly completed, and applications for all other WCAs and WCFs shall be acted upon no later than 90 business days after the date the application is determined by the city to be properly completed.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

Sections 269.00 through 280.00 apply to all WCFs including all accessory facilities and structures and all WCAs.

(A)

The City may hire any consultant and/or expert necessary to assist it in reviewing and evaluating any aspect of the Application, including the construction and modification of the site, once permitted.

(B)

Pursuant to F.S. § 365.172(13)(b)(4), an applicant shall deposit with the City, funds sufficient to reimburse the City for all reasonable costs of retaining a consultant and the expert evaluation of any application. The initial deposit shall be $8,500.00. The payment of the monies shall precede the pre-application meeting. The City is under no obligation to hold a pre-application meeting unless and until it is in possession or control of the required funds. The City will maintain a separate escrow account for all such monies. The City's experts will invoice the City for their services and they will be paid from the escrow account. If at any time the balance in the escrow account falls below $2,500.00, the applicant shall immediately upon notification replenish the escrow account so that it has a balance of at least $5,000.00. Once all relevant work is completed by the City's experts and all invoices are paid any remaining balance in the escrow account will be returned to the applicant. The applicant is not entitled to any interest on the money in the escrow account.

(C)

The total amount of funds set forth in subsection (B) of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the Commission or its consultant/expert to complete the necessary review and analysis. Additional escrow monies shall be paid into the fund by the applicant, as reasonably required and requested by the City.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

At the time an applicant submits his or her Application for a Permit to erect, install or build a WCF, WCA and/or accessory facility or structure the applicant shall pay a non-refundable application fee of $5,000.00 to the City. If the Application is for a Permit for co-locating on an existing structure, tower, or building where no increase in the height of the existing structure, tower, or building is requested or required, the non-refundable fee shall be $2,500.00.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

(A)

The comprehensive general liability insurance and the comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard insurance required below shall specifically include the City its elected and appointed officials, officers, employees, agents, representatives and servants as additional named insureds.

(B)

The insurance policies required below shall be issued by an agent or representative of an insurance company licensed to do business in the State of Florida and with a Best's rating of at least "A".

(C)

The insurance policies required below shall contain an endorsement obligating the insurance company to furnish the City with at least 30 days prior written notice in advance of the cancellation of the insurance.

(D)

Renewal or replacement policies or certificates shall be delivered to the city at least 15 days before the expiration of the insurance that such policies are to renew or replace.

(E)

Before construction of a permitted WCF is initiated, but in no case later than 15 days after the grant of the Conditional Use Permit, the holder of the Conditional Use Permit shall deliver to the city a copy of each of the required policies or certificates representing the insurance in the required amounts.

(F)

Unless otherwise provided in a license, Permit or lease agreement, each grantee, as a condition of the license, Permit or lease agreement, shall secure and maintain the following liability insurance policies insuring both the grantee and the City its elected and appointed officials, officers, employees, agents, representatives and servants as co-insured. All applicants and all Grantees qualified to do business in the State of Florida, as self insured shall also meet the requirements listed below:

(1)

Comprehensive general liability insurance with limits not less than:

a.

Five million dollars ($5,000,000.00) for bodily injury or death to each person;

b.

Five million dollars ($5,000,000.00) for property damage resulting from any one accident; and

c.

Five million dollars ($5,000,000.00) for all types of liability.

(2)

Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard insurance with limits of not less than $3,000,000.00.

(3)

City staff may require proof of workers' compensation and vehicular insurance where applicable.

(4)

The liability insurance policies required by this section shall be maintained by the grantee throughout the term of the license, Permit, or lease, and such other period of time during which the grantee is operating without a license, Permit, or lease hereunder, or is engaged in the removal of its WCF.

(G)

The applicant shall provide such performance financial assurances in place for the life of the tower or other WCF as the City may reasonably require which shall ensure the payment of the cost of removal of the WCFs and accessory facilities or structures if abandoned, including footings and foundations if on public property, unless such assurances are waived by the City upon good cause shown. Failure to maintain such financial assurance shall cause the WCF and accessory facility or structure to be deemed abandoned, and the City shall take such action as required by Sections 275.00 and 277.00 of this article. The amount of such financial assurance shall be at least $75,000.00 for a new WCF and $25,000.00 for a co-location on an existing structure, tower, or building.

(H)

At the time of application, the applicant shall submit a draft surety agreement.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

(A)

No License, Permit or lease on City Property shall be deemed to be granted under this Article unless it includes an indemnification agreement substantially conforming to the following:

(1)

The grantee hereby agrees to indemnify, hold harmless, assume legal liability for and defend the City and its elected and appointed officials, officers, employees, agents, representatives and servants, from and against any and all actions, claims, liabilities, assertions of liability, losses, judgments, costs and expenses, in law or in equity, including but not limited to attorney's fees at trial and appellate levels, reasonable investigative and discovery costs, court costs or claims for injury or death of any person and for loss of or damage to property, of every kind and nature whatsoever, which in any manner directly or indirectly may arise or be alleged to have arisen, or resulted or alleged to have resulted from the negligent acts or omissions or other wrongful conduct of the grantee, its employees, agents, officers, or servants in connection with the grantee's performance or acts pursuant to this license, Permit, or lease. The grantee agrees to give the City prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the City.

(2)

This covenant of indemnification shall include, but not be limited to, claims against the City arising as a result of the negligent acts or omissions of the grantee, its employees, agents, officers, or servants in barricading, instituting trench safety systems, or providing other adequate warnings of any excavation, construction or work in the public rights-of-way or other public place in performance of work or services permitted under this license, Permit, or lease.

(3)

Inspection or acceptance by the City of any work performed by the grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination or the institution of any litigation.

(B)

In the event that the grantee refuses to tender any defense in any suit or any claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court of competent jurisdiction, to have been wrongful refusal on the part of the grantee, then grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City of recovering under the relevant indemnification clause.

(C)

The provisions of this section shall survive the expiration or termination of any license, Permit, or lease agreement. Notwithstanding any other provisions of this section, the grantee shall assume the risk of damage to its facilities located in the City rights-of-way, whether or not that damage is caused by the City, its elected and appointed officials, officers, employees, agents, representatives or servants, except to the extent any such damage is caused by or arises out of willful or grossly negligent conduct on the part of the City its elected and appointed officials, officers, employees, agents, representatives and servants. Nothing, however, shall alter or waive sovereign immunity or extend the City's liability beyond the limits established in F.S. § 768.28.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

(A)

All towers, antennas and other WCFs and accessory facilities or structures must meet or exceed current standards and regulations of applicable building, engineering and electrical codes and those of the FAA, FCC, and any other agency of government with authority to regulate the construction, placement or operation of towers and antennas. If such standards are changed, the owners of the towers, antennas and/or other WCFs and accessory facilities or structures governed by this article shall bring such structures or facilities into compliance with the revised standards and regulations in accordance with the compliance provisions of such standards and regulations. Failure to the mentioned structures or facilities into compliance with such revised standards and regulations shall constitute grounds for removal of them at the owner's expense.

(B)

Towers, antennas and other WCFs and accessory facilities or structures shall be constructed, installed and maintained in accordance with applicable building and associated codes and, in addition, must meet the standards set forth by the electronic industries association. If upon inspection, the City staff at any time finds that the structural integrity of a tower, antenna and/or other WCF and accessory facility or structure constitutes a danger to persons or property, the owner of the structure or facility shall be given written notice of the conditions and shall immediately undertake to make the unsafe structure of facility structurally sound in accordance with the standards set forth in the applicable codes. If within 30 days, the danger to persons or property continues to exist, the owner shall be deemed in violation of the LDC, and the City may require removal in accordance with the provisions of this article. Notwithstanding any other provision to the contrary the City may seek an immediate injunction or other appropriate legal remedy if the safety of people or property is compromised by any antenna and/or other WCF and accessory facility or structure within the City.

(C)

Every two years from the date of the original building permit issuance, structure and facility owners shall inspect the structures and facilities subject to the provisions of this Article and submit to the City certification of structural integrity and electrical and radio frequency compliance with applicable law at the time of inspection. The structural certification shall be signed by an engineer licensed to practice in Florida. Failure to inspect and provide the required certification shall result in inspection by the City with costs being borne by the structure or facility owner who failed to perform the required inspection and certification.

(D)

In order to verify that the holder of any Permit issued under this Article and any and all lessees, renters, and/or licensees of WCFs licensed under this Article are complying with all relevant safety and other standards the City reserves the right to inspect all WCFs, at any time, including at any stage of construction or removal. Said reservation of authority to inspect shall be a condition of receiving and maintaining any Permit issued under this Article. The City shall not be required to notify anyone or obtain an inspection warrant prior to exercising its right of inspection under this Article.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

Except as otherwise provided herein, any service provider engaged in the business of communications service of any kind originating or terminating in the City shall obtain a local business tax receipt from the City pursuant to the applicable provisions of Chapter 11 of the City Code.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

(A)

Any WCF and accessory facility or structure which is not operated by a provider or owner for a period of 180 days shall be considered abandoned. Determination of the date of abandonment shall be made by the City Manager or designee, who shall have the right to request documentation and/or affidavits from the WCF and/or accessory facility or structure owner/operator regarding the issue of WCF and accessory facility or structure usage. Failure or refusal for any reason by the owner/operator to respond within 20 days to such a request shall constitute prima facie evidence that the WCF and any accessory facility or structure has been abandoned. Upon determination of abandonment and notice thereof to the owner or provider, the provider or owner shall have an additional 180 days within which to:

(1)

Reactivate the use of the WCF and accessory facility or structure or transfer the WCF and accessory facility or structure to another owner or provider who makes actual use of the WCF and any associated accessory facility or structure within the 180 day period; or

(2)

Dismantle and remove the WCF and any associated accessory facility or structure. At the earlier of 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any approval for the WCF and accessory facility or structure shall automatically expire.

(B)

Where a WCF and associated accessory facility or structure is abandoned but not removed or demolished as required by the City, the City may remove or demolish them, dispose of them and place a lien on the property and WCF and any associated accessory facility or structure for the costs thereof by following the procedures (but not the criteria) for demolition of nuisance or unsafe structures, such lien on the property and WCF and associated accessory facility or structure shall be superior to all other liens except taxes.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

(A)

WCFs constructed with variances granted prior to the effective date of this Article, causing the WCF not to conform to the requirements of this article shall become nonconforming uses. Any variance given prior to the enactment of this Article which causes the WCF not to be in conformance with this Article is hereby terminated and such WCF shall become a nonconforming use.

(B)

Change-out and replacement WCFs may be constructed in the same location as the original WCF, including within easements and/or rights-of-way, up to 50 feet from the original location, so long as there is compliance with the required setbacks and all other applicable standards of the code. All other nonconforming aspects of an existing WCF shall come into compliance with all other standards of the code.

(C)

The replacement WCF shall not exceed a total height of 150 feet and must be the lease intrusive means of accomplishing the requirements of the TCA, and other applicable legal requirements.

(D)

The applicant shall cause the existing WCF to be removed within 90 days of completion of the replacement WCF. In any event, the existing WCF shall be removed within 180 days of the City's final construction inspection of the replacement WCF.

(E)

If the location of the replacement WCF is such that the existing WCF must be moved before the replacement WCF is constructed, temporary portable support facilities may be used, but must be removed within 30 days of the completion of the replacement WCF. In any event, the temporary portable facilities must be removed within 60 days of the City's final construction inspection of the replacement WCF.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

Any violation of this chapter or of any condition or requirement adopted pursuant to this chapter may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to law. The remedies of the City shall include, but not be limited to, the following:

(A)

Issue a stop-work order for any and all work on any WCF;

(B)

Seeking an injunction or other order of restraint or abatement that requires the removal of any WCF, or the correction of the violation;

(C)

Seeking a court order imposing appropriate penalties from any court of competent jurisdiction;

(D)

In the case of any WCF that poses an imminent danger to the public health or safety, taking such measures as are available to the City under the applicable provisions of this Code for such circumstances; and

(E)

Seeking compliance and/or the imposition of penalties before the Code Enforcement Board.

Violations of this Article shall be subject to prosecution and upon conviction, shall be punished as set forth in Article VIII of chapter 2 of the City Code.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

An applicant may apply for setback variances for WCFs under the procedures in the City Code. Variances for height or design shall not be permitted in any case. Variances shall only be granted for the least amount of deviation necessary to obtain the legally required result, and shall only be granted if, but for the variance, these regulations would have the effect of taking the City out of compliance with the TCA or other applicable law or regulation. Variances existing prior to the date of adoption of this Article, shall be terminated as set forth herein.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

Any person adversely affected by any final action or failure to act on a Permit Application pursuant to this Article may, within 30 days after final action by the City file a Petition for Writ of Certiorari in the Pinellas County Circuit Court. For the purposes of seeking judicial review, City action on a Permit Application shall not be deemed final until the aggrieved person has exhausted his or her right to formal proceedings under this article and the LDC.

(Ord. 2004-04, passed 3-16-04; Am. Ord. 2020-12, passed 6-9-20)

Editor's note— Ord. 2020-12, passed 6-9-20, repealed § 280, which pertained to severability and derived from Ord. 2004-04, passed 3-16-04.

(A)

Antenna masts and their supporting towers used exclusively for amateur radio stations which are licensed by the Federal Communications Commission, are deemed an accessory use in all districts. The height of any such tower or mast and antennae shall not exceed 16.75 meters (55 feet) when fully extended. The maximum permitted width of a tower shall not exceed twenty-four inches (24") per side on a square or triangle.

(B)

Pursuant to F.S. § 166.0435 and the FCC's Amateur Radio Preemption Order 101 FCC 2d 952, the foregoing regulations are crafted to reasonably accommodate amateur communications, and represent the minimum practicable regulation to accomplish the city's legitimate health, safety and aesthetic considerations.

(Ord. 2020-12, § 3, 6-9-20)

Antennas and their supporting structures used in conjunction with a citizen band (CB) radio station which is licensed by the FCC and operating from a fixed location, are deemed an accessory use in all districts. The highest point of any such antenna must not be more than 6.10 meters (20 feet) higher than the building on which it is mounted.

(Ord. 2020-12, § 3, 6-9-20)

(A)

Generally.

(1)

A "satellite dish antenna" shall be defined to include all parabolic or spherical antennas having a diameter greater than one-half meter (20 inches) used to receive and/or transmit satellite signals.

(2)

All satellite antennas shall be installed and maintained in compliance with the Building and Electrical Codes.

(3)

All satellite dish antennas with a diameter of 3 meters (9.85 feet) or less shall be mesh construction and neutral in color so as to blend in with the surroundings.

(4)

No advertising shall be allowed on satellite antennas.

(5)

All requests for building permits shall be accompanied by engineering plans sealed by a Florida Licensed Professional Engineer certifying that the assembly meets or exceeds the wind velocity and structural loading requirements of the applicable building codes.

(6)

Prior to the installation of a satellite dish antenna on a contributing structure in a National or Local Historic District, or on the same lot as a contributing structure, a Certificate of Approval from the Tarpon Springs Historic Preservation Board shall have been issued.

(B)

Residential Districts. Satellite dish antennas are permitted in all residential zoning districts subject to the following standards:

(1)

Each residential lot is permitted to have one satellite dish antenna. Dishes having a diameter not in excess of one-half meter (20 inches) are deemed to be appliances and are not subject to the remaining provisions of this section.

(2)

Maximum diameter of the dish cannot exceed 3 meters (9.85 feet).

(3)

No residential structure which is less than 3 stories in height is permitted to mount a dish antenna on the roof surface.

(4)

Pole mounted dish antennas are permitted to be attached to the rear or side facade of the house. The maximum above-ground pole length shall be equal to the height of the building to which it is attached. (One meter above top of parapet if flat roof.)

(5)

Ground mounted dish antennas are only permitted in the rear yard and must be set back a minimum of five feet from a rear or side lot line and fifteen feet from the street side in the case of a corner lot. The maximum overall height of a ground mounted dish shall not exceed ten feet.

(C)

Commercial and Industrial Districts. Satellite dish antennas are permitted in all commercial and industrial zoning districts subject to the following standards:

(1)

Businesses which are an in-line part of shopping center are permitted one dish antenna with a maximum diameter of 3 meters (9.85 feet). Said dish may be roof mounted or pole mounted against the rear facade of the building. The maximum overall height of the satellite antenna and mounting apparatus shall not exceed the lesser of the maximum height of the district in which it is located or 12 feet above height of the building to which it is attached. The provisions of this section are also applicable to an office suite which is part of a larger office building.

(2)

Free standing businesses are permitted one dish antenna with a maximum diameter of five meters (16.4 feet). Said dish may be roof mounted. For roof and pole mounted satellite antenna, the maximum overall height shall not exceed the maximum height of the district in which it is located or 20 feet above height of the building to which it is attached, whichever is less. Ground mounted dish antennas are limited to 25 feet in overall height and shall not be located within a front setback however, can be located within a required side or rear yard subject to the following minimum setbacks:

(a)

Five feet (5') from a non-residential property line.

(b)

Fifteen feet (15') from a street.

(c)

Twenty-five feet (25') from a residential zoning district, an historic district or historic property, a church, school or public park.

(Ord. 2020-12, § 3, 6-9-20)