(a)

The purpose of this chapter is to more uniformly regulate the size, number, type and location of commercial communication towers, antennas and support facilities. Advances in information technology and the Federal Telecommunications Act of 1996 are anticipated to generate an increase in the number of requests to site commercial communication support facilities in the City of Vero Beach. The city encourages advances in communication technology that better serve its residents and does not prohibit commercial telecommunication facilities. However, the purpose of the ordinance is to protect city character and public safety by controlling tower location, height, aesthetics, and use of rights-of-way.

(b)

The intent of this chapter is to accomplish the following:

1.

Minimize the impacts of wireless communication facilities on surrounding areas by establishing standards for location, structural integrity and compatibility.

2.

Encourage the location and collocation of wireless communication equipment on existing structures thereby minimizing new visual, aesthetic and public safety impacts, effects upon the natural environment and wildlife, and to reduce the need for additional antenna-supporting structures.

3.

Accommodate the growing need and demand for wireless communication services.

4.

Encourage coordination between suppliers of wireless communication services in the city.

5.

Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless service or to prohibit or have the effect of prohibiting personal wireless service in the city.

6.

Establish predictable and balanced regulations governing the construction and location of wireless communications facilities, within the confines of permissible local regulation.

7.

Establish review procedures to ensure that applications for wireless communications facilities are reviewed and acted upon within a reasonable period of time.

(c)

Nothing herein shall limit the rights granted to wireless service providers under Title 47, U.S. Code §151 et. seq; §6409 of the Middle Class Tax Relief and Job Creation Act of 2012; F.S. § 365.172(13); or any other applicable Federal or state law.

(Ord. No. 2003-25, § 3, 7-1-2003; Ord. No. 2018-01, § 2, 1-16-2018)

Siting of a wireless communications facility shall be in accordance with the following siting alternatives hierarchy:

A.

Stealth attached wireless communications facility.

1.

On city-owned site.

2.

On non-city-owned site.

B.

Collocation on existing antenna supporting structure.

1.

On city-owned site.

2.

On non-city-owned site.

C.

Replacement of existing antenna support structure.

1.

On city-owned site.

2.

On non-city-owned site.

D.

Stealth wireless free standing communications facility.

1.

On city-owned site.

2.

On non-city-owned site.

E.

New non stealth antenna support structure.

1.

On city-owned site.

2.

On non-city-owned site.

F.

The order of ranking, from highest to lowest, shall be A1, A2, B1, B2, C1, C2, D1, D2, E1, and E2. Where a lower ranked alternative is proposed, the applicant must file an affidavit demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, as determined by a qualified radio frequency engineer, higher ranked options are not feasible.

(Ord. No. 2003-25, § 3, 7-1-2003)

For the purposes of this article, the terms and phrases listed below shall have the following meanings:

(A-1) Ancillary structures means forms of development associated with a wireless communications facility, including but not limited to: foundations, concrete slabs on grade, guy wire anchors, generators, and transmission cable supports; however, specifically excluding equipment enclosures.

(A-2) Anti-climbing device means a piece or pieces of equipment which are either attached to antenna-supporting structure, or which are free-standing and are designed to prevent people from climbing the structure. These devices may include but are not limited to fine mesh wrap around structure legs, "squirrel-cones", the removal of climbing pegs on monopole structures, or other approved devices, but excluding the use of barbed wire.

(A-3) Antenna means any apparatus designed for the transmitting and/or receiving of electromagnetic waves that includes but is not limited to telephonic, radio or television communications. Types of antennas include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM and TV), yagi, or parabolic (dish) antennas.

(A-4) Antenna array means a single or group of antennas and their associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support.

(A-5) Antenna-supporting structure means a vertical projection composed of metal, wood, or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna-supporting structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than 20 feet.

(A-6) Attached wireless communication facility means an antenna or antenna array that is attached to an existing building with any accompanying pole or device which attaches it to the building, transmission cables, and an equipment enclosure, which may be located either inside or outside of the existing building. An attached wireless communications facility is considered to be an accessory use to the existing principal use on a site.

(C-1) Collocation means a situation in which two or more different wireless communication service providers place wireless communication antenna or antennas on a common antenna-supporting structure. The term collocation shall not be applied to a situation where two or more wireless communications service providers independently place equipment on an existing building.

(C-2) Conical zone means an area that extends outward from the outer edge of the horizontal zone with a radius distance equivalent to 5,280 feet.

(D-1) Development area means the area occupied by a wireless communications facility including areas inside or under the following: an antenna-supporting structure's framework, equipment enclosures, ancillary structures, and access ways.

(E-1) Equipment enclosure means any structure above the base flood elevation including: cabinets, shelters (pre-fabricated or otherwise), pedestals, and other similar structures. Equipment enclosures are used exclusively to contain radio or other equipment necessary for the transmission or reception of wireless communication signals and not for the storage neither of equipment nor as habitable space.

(F-1) FAA means the Federal Aviation Administration.

(F-2) FCC means the Federal Communications Commission.

(G-1) Guyed means a style of antenna-supporting structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of guy wires that are connected to anchors placed in the ground or on a building.

GUYED WCF

(G-2) Glide path means a ratio equation used for the purposes of limiting the overall height of vertical projections in the vicinity of airports. The ratio limits each foot of height for a vertical projection based upon a horizontal distance measurement.

(G-3) Geographic search area means an area designated by a wireless provider or operator for a new base station facility, produced in accordance with generally accepted principles of wireless engineering.

(H-1) Horizontal zone means an area longitudinally centered on the perimeter of an airport's runway that extends outward from the edge of the primary surface a distance equivalent to 5,280 feet.

(L-1) Lattice means a style of antenna-supporting structure that consists of vertical and horizontal supports with multiple legs and cross-bracing, and metal crossed strips or bars to support antennas.

LATTICE WCF

(M-1) Monopole means a style of free-standing antenna-supporting structure that is composed of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of antenna-supporting structure is designed to support itself without the use of guy wires or other stabilization devices. These structures are mounted to a foundation that rests on or in the ground or on a building's roof.

MONOPOLE WCF/CLOSE UP

(P-1) Personal wireless service means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996.

(P-2) Primary surface means the area extending a distance of 50 feet to both sides of the centerline of an airport's runway, and running the distance of the runway.

(P-3) Public antenna-supporting structure means an antenna-supporting structure, appurtenances, equipment enclosures, and all associated ancillary structures used by a public body or public utility for the purposes of transmission and/or reception of wireless communication signals associated with but not limited to: public education, parks and recreation, fire and police protection, public works, and general government.

(R-1) Radio frequency emissions means any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, antenna-supporting structure, building, or other vertical projection.

(R-2) Replacement means the construction of a new antenna-supporting structure built to replace an existing antenna-supporting structure.

(S-1) Satellite earth station means a single or group of satellite parabolic (or dish) antennas. These dishes are mounted to a supporting device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may include the associated separate equipment enclosures necessary for the transmission or reception of wireless communications signals with satellites.

(S-2) Stealth wireless communications facility means a wireless communications facility, antenna attachment, ancillary structure, or equipment enclosure that is not readily identifiable as such, and is designed to blend into its surroundings and be aesthetically compatible with existing and proposed uses on a site and the surrounding area. A stealth facility may have a secondary function. Examples of stealth facilities include, but are not limited to the following: church steeple, bell tower, spire, clock tower, cupola, light standard, flagpole with a flag, or tree.

STEALTH ATTACHMENTS

STEALTH ATT. AND TOWERS

STEALTH TOWERS

(W-1) Wireless communications means any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), and paging. (W-2) Wireless communication facility (WCF) means any staffed or unstaffed commercial facility for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, transmission cables, and equipment enclosures, and may include an antenna-supporting structure. The following developments shall be considered as a wireless communication facility: developments containing new or existing antenna-supporting structures, public antenna-supporting structures, replacement antenna-supporting structures, collocations on existing antenna-supporting structures, attached wireless communications facilities, stealth wireless communication facilities, and satellite earth stations.

(Ord. No. 2003-25, § 3, 7-1-2003)

(a)

Except as provided for in subsection (b) below, this section shall apply to development activities including installation, construction, or modification to the following wireless communications facilities:

1.

Existing antenna-supporting structures.

2.

Proposed antenna-supporting structures.

3.

Public antenna-supporting structures.

4.

Replacement of existing antenna-supporting structures.

5.

Collocation on existing antenna-supporting structures.

6.

Attached wireless communications facilities.

7.

Stealth wireless communications facilities.

(b)

The following items are exempt from the provisions of this section, notwithstanding any other provisions contained in land use regulations of the city.

1.

Amateur radio antenna supporting structures and antennas as provided in F.S. § 125.561. Amateur, ham radio or citizen's band antenna supporting structures, shall be limited to antennas or antenna arrays to transmit signals for same purposes, and shall not be used for the purpose of mounting equipment for commercial wireless telecommunications related equipment.

2.

Satellite earth stations that are two meters or less in diameter and which are not greater than 35 feet above grade.

3.

Regular maintenance of any existing wireless communications facility that does not include the placement of a new wireless communications facility.

4.

The substitution or change of existing antennas or antenna panels or other equipment on an existing antenna-supporting structure provided the substituted antennas or equipment meet building code requirements (including windloading) and provided such change does not increase the overall height of the structure.

5.

Any existing or proposed antenna-supporting structure, antenna or antenna arrays with an overall height of 35 feet or less above ground level in noncommercial or non-industrial zoning districts or 50 feet or less above ground level in commercial or industrial zoning districts.

6.

A government-owned wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the city manager; except that such facility must comply with all federal and state requirements. Said wireless communications facility may be exempt from the provisions of this division up to six months after the duration of the state of emergency.

7.

A temporary, commercial wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the city manager and approved by the director of planning; except that such facility must comply with all federal and state requirements. Said wireless communications facility may be exempt from the provisions of this division up to three months after the duration of the state of emergency.

8.

A temporary, commercial wireless communications facility, for the purposes of providing coverage of a special event such as news coverage or sporting event, subject to approved by the director of planning; except that such facility must comply with all federal and state requirements. Said wireless communications facility may be exempt from the provisions of this division up to one week after the duration of the special event.

9.

Antenna supporting structures, antennas and/or antenna arrays for non-wireless communications facilities such as AM/FM/TV/DTV broadcasting transmission facilities that are licensed by the Federal Communications Commissions.

10.

Non-conforming wireless communication facilities in existence on the date of the adoption of this amendment which do not comply with the requirements of the same are subject to the following provisions:

a.

Expansion. Non-conforming wireless communication facilities may continue in use for the purpose now used, but may not be expanded without complying with this chapter except as further provided in this section.

b.

Additions. Non-conforming wireless communication facilities may add additional antennas (belonging to the same provider or other providers) subject to the standards of the ordinance.

c.

Repairs or reconstruction. Non-conforming wireless communication facilities that becomes damaged due for any reason or cause (weather, rust, vandalism) may be repaired and restored to their former use, location and physical dimensions subject to the provisions of this chapter.

(Ord. No. 2003-25, § 3, 7-1-2003)

(a)

Except as provided in subsection (b) below and notwithstanding Chapters 61 and 62 no wireless communications facility shall be allowed in a particular zoning district except in accordance with the table below.

(b)

In all residential districts, wireless communications facilities, shall only be permitted on parcels where the principal use is not as a residential structure.

(Ord. No. 2003-25, § 3, 7-1-2003; Ord. No. 2018-01, § 3, 1-16-2018)

(A)

These standards shall apply to the following types of wireless communications facilities:

(1)

New non-stealth antenna supporting structures.

(a)

Approval criteria for new antenna-supporting structures:

1.

Setbacks. Any new antenna-supporting structures, equipment enclosures and ancillary structures shall meet the minimum setback requirements for the land use district where they are located, except that where, the adjoining property is used for residential purposes. In that instance, the minimum setback distance from any occupied residence shall be at least equal to the height of the entire proposed structure. Setback compliance shall be measured from the boundary of the parent tract upon which the antenna-supporting structure is located.

2.

Height. The overall height of any antenna-supporting structure, antenna and/or antenna array, excluding those related to amateur radio, shall not be greater than one hundred (100) feet, except that an antenna-supporting structure may be allowed up to one hundred ninety nine (199) feet in a POI or M zoning district if approved as a conditional use pursuant to section 69.12 of this chapter. Height for all purposes in this section shall mean the linear distance from the ground to the highest physical point on the wireless communications facility, except for antenna array(s), less than four (4) inches in diameter, which shall not extend more than ten (10) feet above the antenna support structure and matches the color of the antenna and support structure.

3.

Construction. New antenna-supporting structures shall have a monopole type construction only, and shall not be guyed or have a lattice type construction and shall make every effort possible to utilize "flush-mounted" antenna elements.

4.

Structural integrity. The entire antenna-supporting structure and all appurtenances shall be designed pursuant to the wind speed design requirements of ASCE 7-95, including any subsequent modification to those specifications; and applicable building code requirements.

5.

Collocation. Except for government-owned wireless communication facilities used for emergency services, the new antenna-supporting structure shall be designed to accommodate the maximum amount of wireless communications equipment, including that of other wireless communication service providers. The exact amount of potential additional equipment to be accommodated shall be agreed upon during a pre-application conference and recorded in the letter of understanding resulting from the conference. In all cases, the minimum number of standard collocated facilities on a new antenna-supporting structure between eighty (80) and feet tall shall be two and the minimum number on a new antenna-supporting structure between one hundred one (101) feet to one hundred ninety nine (199) feet tall shall be three (3).

6.

Lighting. New antenna-supporting structures shall be illuminated in accordance with FAA requirements to provide aircraft obstruction lighting, where required. Any such illumination shall be by red lighting unless otherwise directed by the FAA. Louvers or shields may be required by the city to keep lighting from shining down on surrounding properties.

7.

Collocation feasibility. No antenna-supporting structure shall be permitted unless the applicant demonstrates that no existing wireless communications facility can accommodate the applicant's proposed facility; or that use of such existing facilities would prohibit personal wireless services in the area of the city to be served by the proposed antenna-supporting structure. Evidence submitted to demonstrate that no existing wireless communications facility could accommodate the applicant's proposed facility may consist of any of the following:

a.

No existing wireless communications facilities located within the geographic area meet the applicant's engineering requirements.

b.

Existing wireless communications facilities are not of sufficient height to meet the applicant's engineering requirements.

c.

Existing wireless communications facilities do not have sufficient structural strength to support the applicant's proposed wireless communications facilities and related equipment.

d.

The applicant demonstrates that there are other limiting factors that render existing wireless communications facilities unsuitable.

8.

Color. New antenna-supporting structures shall maintain a galvanized gray finish or other accepted compatible color, except as required by federal rules or regulations.

9.

Radio frequency emissions. The radio frequency emissions shall comply with FCC standards for such emissions.

10.

Intensity requirements. The following shall be considered as development area and shall be required to meet the setbacks and open space ratio requirements for the land use district and/or habitat where they are located:

a.

The area beneath all equipment enclosures.

b.

The area of the antenna-supporting structure foundation at or above grade.

c.

The area beneath ancillary structures.

d.

The area inside the antenna-supporting structure framework.

11.

Security. Suitable protective anti-climb fencing with a minimum height of eight (8) feet, and/or anti-climbing devices shall be required to preserve security on wireless communication facilities and structures.

12.

Landscaping. An average of one (1) canopy tree (minimum height of twelve (12) feet with six-foot spread at time of planting) and two (2) understory trees (minimum height of eight (8) feet at time of planting) shall be provided for every thirty (30) feet of the tower base/accessory structures' opaque fenced perimeter. Credit shall be given for existing trees located between the tower base perimeter and adjacent areas that are being buffered. The required trees shall be planted in a pattern to maximize screening of the base area of the tower from the view of adjacent road rights-of-way and adjacent residentially designated or residentially used properties. Trees credited or planted to meet this screening requirement shall be located on property under the control of the applicant to ensure that the screening trees are preserved and maintained. Shrubs and understory trees used to make the fencing opaque shall be planted on the outside fence perimeter. Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative siting on the parent tract of the proposed facility may be considered and approved by the planning and development director, provided the proposed alternative maximizes screening as provided above and otherwise complies with the provisions of Chapter 72 of the Vero Beach Land Development Regulations.

13.

Signage. The only signage that is permitted upon an antenna-supporting structure, equipment enclosures, or fence (if applicable) shall be informational, and for the purpose of identifying the antenna-supporting structure, (such as ASR registration number) as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable). If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large, bold, high contrast letters (minimum height of each letter: four inches) the following: "HIGH VOLTAGE - DANGER." (Two hundred twenty (220) voltage is only necessary for high intensity strobe lighting that would be required by the FAA due to the location of a WCF to area flight patterns)

14.

Aircraft obstruction. In addition to the provisions of subsection 69.05(a)(1) above, the overall height of a new antenna-supporting structure located in the vicinity of an airport shall be limited by the following:

a.

A 35:1 glide path ratio in the horizontal zone limiting the heights of new antenna-supporting structures, antennas and/or antenna arrays to one hundred fifty (150) feet within one (1) statutory mile (five thousand two hundred eighty (5,280) feet) from the edge of the airport primary surface.

b.

A 12:1 glide path ratio in the conical zone limiting the heights of new antenna-supporting structures to six hundred (600) feet within one (1) statutory mile (five thousand two hundred eighty (5,280) feet) from the edge of the horizontal zone.

15.

Adverse effects on adjacent properties. New antenna-supporting structures shall be configured and located in a manner that shall minimize adverse effects including visual impacts on adjacent properties. The applicant shall demonstrate that alternative locations, configurations, and facility types have been examined and shall address in narrative form the feasibility of any alternatives that may have fewer adverse effects on adjacent properties than the facility, configuration, and location proposed. The following attributes shall be considered from vantage points at adjacent properties, roadways and occupied structures:

a.

Height and location.

b.

Mass and scale.

c.

Materials and color.

d.

Illumination.

e.

Existing and proposed vegetation and intervening structures.

An applicant shall demonstrate through the photo-simulation requirements under subsection (b)10 herein below that the project design employs each of these attributes in a manner that minimizes adverse effects to the greatest extent feasible to achieve the wireless service capabilities demonstrated to be necessary under subsection (A)(1)(a)15 herein.

(b)

Submittal requirements. New non-stealth antenna supporting structure applications shall include the following:

1.

A completed application form and any appropriate fees.

2.

Seven sets of signed and sealed site plans for sites on non-city owned property and eight sets for sites on city-owned.

3.

A property card for the subject property from the Indian River County Property Appraiser's Office or a tax bill showing the ownership of the subject parcel.

4.

A form indicating that a property and/or antenna-supporting structure's owner's agent has authorization to act upon their behalf (if applicable).

5.

A signed statement from the antenna-supporting structure's owner or owner's agent stating that the radio frequency emissions comply with FCC standards for such emissions.

6.

Proof of an FCC license to transmit and/or receive radio signals in Vero Beach.

7.

Prior to issuance of a building permit, a stamped or sealed structural analysis of the proposed antenna-supporting structure prepared by a licensed Florida engineer indicating the proposed and future loading capacity of the antenna-supporting structure.

8.

One original and two copies of a survey of the property completed by a licensed Florida surveyor which shows all existing uses, structures, and improvements.

9.

Three copies of a tree survey.

10.

Photo-simulated post construction renderings of the proposed antenna-supporting structure, equipment enclosures, and ancillary structures as they would look after construction from locations to be determined during the pre-application conference (but shall, at a minimum include renderings from the vantage point of any adjacent roadways and occupied commercial or residential structures), as well as photo-simulations of the antenna supporting structure after it has been fully developed with antenna structures (applicant may assume for the purpose of the simulation that other antenna structures on the facility will resemble their proposed structure in size and design).

11.

Prior to issuance of a building permit, proof of FAA compliance with Subpart C of the Federal Aviation Regulations Part 77, Objects Affecting Navigable Airspace.

12.

A signed statement from the antenna-supporting structure owner agreeing to allow the collocation of other wireless equipment on the proposed antenna-supporting structure.

13.

If required by the United States Fish and Wildlife Service, a letter indicating that the proposed antenna-supporting structure and appurtenances are in compliance with all applicable federal rules and regulations.

14.

All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this chapter and, including for non-stealth facilities over 50 feet in height, where applicable:

a.

Existing wireless communications facilities to which the proposed facility will be a handoff candidate, including latitude, longitude, and power levels of each.

b.

A radio frequency plot indicating the coverage of existing wireless communications sites, and that of the proposed site sufficient to demonstrate radio frequency search area, coverage prediction, and design radius, together with a certification from the applicant's radiofrequency engineer that the proposed facility's coverage or capacity potential cannot be achieved by any higher ranked alternative such as collocation, attached facility, replacement facility or stealth facility, and that the proposed facility's height is the minimum necessary to reasonably meet coverage and/or capacity needs.

c.

Prior to issuance of a building permit, a statement by a qualified professional engineer specifying the design structural failure modes of the proposed facility.

d.

Antenna heights and power levels of the proposed facility and all other facilities on the subject property.

e.

A statement from the applicant that demonstrates that alternative locations, configurations, and facility types have been examined; and addresses in narrative form the feasibility of any alternatives that may have fewer adverse effects on adjacent properties than the facility, configuration, and location proposed including but not limited to:

i.

Height.

ii.

Mass and scale.

iii.

Materials and color.

iv.

Illumination.

f.

Information addressing the following items:

i.

The extent of any commercial development within the geographic search area of the proposed facility.

ii.

The proximity of the structure to any residential dwellings.

iii.

The proximity of the structure to any public buildings or facilities.

iv.

The existence of tall and like structures within the geographic search area of the proposed structure.

(c)

A pre-application conference is required for any new antenna-supporting structure. At the time a pre-application conference is held, the applicant shall demonstrate that the following notice was mailed (via certified mail) to all interested parties, including other wireless service providers licensed to provide service within the city as indicated on the list of wireless service providers and interested parties provided by the planning and development department:

"Pursuant to the requirements of the Land Development Regulations, (name of provider) is hereby providing you with notice of our intent to meet with the planning and development department in a pre-application conference to discuss the location of a free-standing wireless communications facility that would be located at _______ (location) _______. In general, we plan to construct a support structure of _______ feet in height for the purpose of providing _______ (type of wireless service) _______. Please inform us and the planning and development department if you have any desire for placing additional wireless facilities or equipment within two miles of our proposed facility. Please provide us with this information within 20 business days after the date of this letter. Your cooperation is sincerely appreciated.

Sincerely, (pre-application applicant, wireless provider)"

Included with the notice shall be the latitude and longitude (NAD 83) of the proposed structure. Within 20 days of receiving a timely response from an interested potential co-applicant, the applicant shall inform the respondent and the planning and development department in writing as to whether or not the potential collocation is acceptable and under what conditions. If the collocation is not acceptable, then the applicant must provide the respondent and the planning division written justification as to why the collocation is not feasible.

(2)

Replacement of an existing antenna-supporting structure.

(a)

Approval criteria for replacement antenna-supporting structures. For a proposed replacement antenna-supporting structure to be approved, it shall meet the approval criteria 4., 6., 8. through 11. and 13. as indicated in subsection (A)(1)(a) herein, as well as the following:

1.

Setbacks.

a.

Any new equipment enclosures shall meet the minimum setback requirements for the land use district where they are located.

b.

Replacement antenna-supporting structure foundations constructed on a property or properties which is/are contiguous to the R-1AAA, R-1AA, R-1A, R-1, RM-8, RM-10, RM-12, and RM-13 zones shall not be any closer to these zones than the foundation of the original antenna-supporting structure being replaced.

2.

Height. Replacement of antenna-supporting structures, antennas and/or antenna arrays shall not exceed the height requirements set forth in subsection (A)(1)(a)2 herein unless allowed in subsection 69.04(b)10.c.

3.

Construction. Subject to the height provisions above.

a.

Replacement antenna-supporting structures, antennas shall have a monopole type construction.

4.

Landscaping. An average of one canopy tree (minimum height of 12 feet with six-foot spread at time of planting) and two understory trees (minimum height of eight feet at time of planting) shall be provided for every 30 feet of the tower base/accessory structures' opaque fenced perimeter. Credit shall be given for existing tree located between the tower base perimeter and adjacent areas that are being buffered. The required trees shall be planted in a pattern to maximize screening of the base area of the tower from the view of adjacent road rights-of-way and adjacent residentially designated or residentially used properties, without conflicting with any guy wires. Trees credited or planted to meet this screening requirement shall be located on property under the control of the applicant to ensure that the screening trees are preserved and maintained. Shrubs and understory trees used to make the fencing opaque shall be planted on the outside fence perimeter. Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative siting on the parent tract of the proposed facility may be considered and approved by the planning and development director, provided the proposed alternative maximizes screening as provided above, and otherwise complies with the provisions of Chapter 72 of the Land Development Regulations.

(b)

Submittal requirements for replacement antenna-supporting structure applications. For a proposed replacement antenna-supporting structure application to be considered complete, it shall contain the same submittal materials required as indicated in subsection (A)(1)(b)1. through 9., 11., 12., and 14.a. through d. herein.

(3)

Collocations on an existing antenna-supporting structure.

(a)

Approval criteria for collocations on existing antenna-supporting structures. For a collocation on an existing antenna-supporting structure to be approved, it shall meet with approval criteria 8. through 10., and 12. as indicated in subsection A)(1)(a) herein, as well as the following:

1.

Height. A collocation on an existing antenna-supporting structure shall not increase the overall height of the antenna-supporting structure, antenna and/or antenna array beyond that allowed under subsection (A)(1)(a)2 herein.

2.

Structural integrity. Any collocation on an existing antenna-supporting structure shall meet building code requirements (including wind loading).

(b)

Submittal requirements for collocation on an existing antenna-supporting structure applications. For a collocation on an existing antenna-supporting structure application to be considered complete, it shall contain submittal materials 1. through 6. and 14.a. through d. as indicated in subsection (A)(1)(b) herein, as well as the following:

1.

A stamped or sealed structural analysis of the existing antenna-supporting structure prepared by a licensed Florida engineer indicating that the existing antenna-supporting structure as well as all existing and proposed appurtenances meets building code requirements (including wind loading) for the antenna-supporting structure.

2.

A copy of the lease or sublease between the owner of the antenna-supporting structure and the applicant seeking to place additional wireless equipment on the structure. Clauses related to lease term or rent may be deleted or censored.

(4)

Stealth attached wireless communications facilities.

(a)

Approval criteria for attached wireless communications facilities. For a proposed attached wireless communications facility to [be] approved, it shall meet with the approval criteria 9., 10., and 13., as indicated in subsection (A)(1)(a) herein, as well as the following:

1.

Accessory use. An attached wireless communications facility shall be an accessory use as defined by Chapter 60 in the Land Development Regulations.

2.

Height.

a.

The antenna, antenna array, attachment device, equipment enclosure and/or any ancillary equipment shall not extend above the highest point of the building or structure by more than 20 feet.

b.

Existing or proposed attached wireless communications facilities which project more than 20 feet above the highest point of the building upon which it is mounted shall be considered as an antenna-supporting structure and subject to the provisions for these types of uses pursuant to subsection A)(1)(a) herein.

3.

Construction. Attached facilities may have a lattice, or monopole type construction, but in no case shall a lattice type construction exceed a height of ten (10) feet from the base of the attached facility.

4.

Color. All attached antenna or antenna arrays, equipment enclosures and ancillary equipment visible from outside the building where they are located shall be painted so as to blend in with the building where they are placed.

5.

Screening and placement. Attached wireless communications facilities shall be screened by a parapet or other device so as to minimize its visual impact as measured from the boundary line of the subject property. Attached facilities shall be placed in the center of the building where reasonably possible so as to further minimize visual impact.

(b)

Submittal requirements for attached wireless communications facility applications. For a proposed attached wireless communication facility application to be considered complete, it shall contain submittal material 1. through 6., 8. and 14.a. through d. as indicated in subsection A)(1)(b) herein.

(5)

Stealth wireless communications facilities.

(a)

Approval criteria for stealth wireless communications facilities:

1.

Setbacks. Stealth facilities shall meet the minimum setback requirements for the zoning district where they are located for the type of structure used or simulated.

2.

Height. Stealth wireless communications facilities shall not exceed 100 feet in overall height. The city may limit the height of a proposed stealth facility to ensure that the facility is not readily identifiable as a wireless facility, blends into its surroundings, and has the appearance of an allowable and customary structure on site (e.g. church steeple, flagpole with flag, light standard, tree).

3.

Construction. No stealth wireless communications facility shall be guyed or have lattice type construction.

4.

Accessory use. A stealth facility shall be an accessory use as defined by Chapter 60 in the Land Development Regulations.

5.

Structural integrity. The stealth facility shall be designed to meet all building code requirements (including windloading).

6.

Aesthetics. No stealth facility, whether fully enclosed within a building or otherwise, shall have antennas, antenna arrays, transmission lines, equipment enclosures or other ancillary equipment that is readily identifiable from the public domain as wireless communications equipment.

(b)

Submittal requirements for stealth wireless communications facilities:

1.

For a proposed stealth wireless communications facility application to be considered complete, it shall contain submittal materials 1. through 10. and 14. a. through d., contained in subsection (A)(1)(b) herein as well as a photo-simulated post construction renderings of the proposed stealth facility, equipment enclosures, and ancillary structures as they would look after construction from the public domain. Said photo-simulations must demonstrate that the placement, design and height of the proposed facility satisfies the definition of "stealth wireless communications facility".

2.

For a proposed stealth wireless communications facility that is not ground-mounted, the planning and development director may waive certain submittal requirements to reflect the necessary documentation required to demonstrate compliance with the provisions of this chapter.

3.

For a stealth wireless communications facility proposed to exceed a height of fifty (50) feet, the applicant shall satisfy the informational and technical analysis required under subsection (A)(1)(b)14 herein.

(Ord. No. 2003-25, § 4, 7-1-2003; Ord. No. 2018-01, § 4, 1-16-2018; Ord. No. 2021-05, § 2, 5-4-2021)

(a)

Where due to the complexity of the methodology or analysis required to review an application for a wireless communication facility requiring a special permit, the city council may require a technical review by a third party expert, the costs of which shall be borne by the applicant, which sum shall be in addition to site plan and special permit fees. Applicant shall submit a deposit of two thousand dollars ($2,000.00) towards the cost of such technical review upon written notification from the city council that a technical review is required, and shall remit any outstanding balance to the city for such review (not to exceed the total costs set forth in section 69.09) prior to issuance of a building permit. New antenna supporting structures shall require an expert review. The city council reserves the right to require an expert review for any other type of structure.

(b)

The expert review may address any or all of the following:

1.

The accuracy and completeness of submissions.

2.

The applicability of analysis techniques and methodologies.

3.

The validity of conclusions reached.

4.

Whether the proposed wireless communications facility complies with the applicable approval criteria set forth in these regulations.

5.

Other matters deemed by the city council to be relevant to determining whether a proposed wireless communications facility complies with the provisions of these regulations.

(c)

Based on the results of the expert review, the city council may require changes to the applicant's application or submittals.

(d)

The applicant shall reimburse the city within fifteen (15) working days of the date of receipt of an invoice for expenses associated with the third party expert's review of the application. Failure by the applicant to make reimbursement pursuant to this section shall abate the pending application until paid in full.

(Ord. No. 2003-25, § 3, 7-1-2003)

(a)

Towers and antenna shall be removed, at the owners expense, within one hundred eighty (180) days of cessation of use, unless the abandonment is associated with a replacement antenna structure as provided hereinabove, in which case the removal shall occur within ninety (90) days of cessation of use.

(b)

An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The planning and development director may extend the time for removal or reactivation up to sixty (60) additional days upon a showing of good cause. If the tower or antenna is not removed in a timely fashion, the city may give notice that it will contract for removal within thirty (30) days following written notice to the owner. Thereafter, the city may cause removal at the cost of the owner.

(c)

Upon removal of the wireless telecommunication facility, the site shall be returned to its natural state and topography and vegetated consistent with the natural surroundings.

(Ord. No. 2003-25, § 3, 7-1-2003)

(a)

Any application submitted pursuant to this chapter shall be reviewed by city staff for completeness upon submission. If any required item fails to be submitted, the application shall be deemed incomplete. Staff shall advise an applicant within twenty (20) business days after submittal of an application if such application, for administrative purposes only, is considered complete and is properly submitted. If the application is incomplete, such notice shall set forth the missing items or deficiencies in the application which the applicant must correct and/or submit in order for the application to be deemed complete. Staff shall then have a further twenty (20) business days to give notice as to the amended application's completeness. The date staff advises the applicant that such application is complete shall be the commencement date for purposes of calculating time under F.S. § 365.172(11)(c).

(b)

Expert review fees as provided in section 69.07 shall not exceed the following maximum amounts:

1.

Stealth wireless communications facility .....$7,500.00

2.

New antenna support structure .....$7,500.00

(Ord. No. 2003-25, § 3, 7-1-2003)

(a)

[Written agreement or lease required.] If an applicant requests a permit to develop a site on city-owned property, the permit granted hereunder shall not become effective until the applicant and the city have executed a written agreement or lease setting forth the particular terms and provisions under which the permit to occupy and use the public lands of the city will be granted.

(b)

Nonexclusive grant. No permit granted under this section 69.10 shall convey any exclusive right, privilege, permit or franchise to occupy or use the public lands of the city for delivery of telecommunications services or any other purpose.

(c)

Rights granted. No permit granted under this section shall convey any right, title or interest in the public lands, but shall be deemed a permit only to use and occupy the public lands for the limited purposes and term stated in the grant. Further, no permit shall be construed as a conveyance of a title interest in the property.

(Ord. No. 2003-25, § 3, 7-1-2003)

In order to ensure that the city's public safety communications equipment will be free from objectionable technical interference, all applicants requesting a permit for a wireless communications facility under this section shall agree, in addition to any other requirements herein:

1.

To demonstrate compliance with good engineering practices.

2.

To provide the city with a copy of all intermodulation studies submitted to the FCC.

3.

Not to induce objectionable technical interference to the city public safety communication equipment.

4.

To comply with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI).

5.

In the case of collocation of telecommunications facilities either in the same location or on the same tower as the city public safety communications equipment, to not cause or permit to be caused by its transmissions or other activities on the premises, objectionable technical interference of any kind whatsoever to the broadcasting transmissions, reception, or electromagnetic communications of the city.

6.

To pay for any studies requested by the city to determine if the applicant's telecommunications facilities are causing objectionable technical interference.

7.

Upon notification by the city, if the operations of the applicant are causing objectionable technical interference, to immediately undertake all steps necessary to determine the cause of and eliminate such interference at the cost of the applicant. If said interference continues for a period in excess of 48 hours after notice from the city, it shall have the right to cause the applicant to cease operating the equipment that is causing the objectionable technical interference or to reduce the power sufficiently to ameliorate the objectionable technical interference until the condition causing said interference has abated.

(Ord. No. 2003-25, § 3, 7-1-2003)

(a)

New antenna-supporting structures up to 199 feet allowable. A new antenna-supporting structure may be permitted up to a height of 199 feet as a conditional use in the M and POI zoning districts pursuant to the criteria in this section.

(b)

Criteria for conditional use approval. In addition to complying with the development standards of section 69.06(A)(a)(2), the proposed non-stealth supporting structure in subsection (a) above shall meet the following conditional use criteria:

(1)

The new non-stealth antenna-supporting structure shall be designed, located, and proposed to be operated so that the public health, safety, and welfare are protected.

(2)

The proposed antenna-supporting structure, if greater than 100 feet in height, shall be set back from rights-of-way as follows:

a.

If located within a POI zoning district, the antenna-supporting structure shall be set back by no less than 1,275 feet from the rights-of-way of State Road 60, Royal Palm Boulevard, Beachland Boulevard, and State Route A1A.

b.

If located within a M zoning district, the antenna-supporting structure shall be set back by no more than 400 feet from that segment of right-of-way of the Florida East Coast Railroad located south of State Road 60 and no less than 825 feet from that segment of the right-of-way of the Florida East Coast located north of State Road 60.

(3)

The new antenna-supporting structure is set back from residentially zoned lands by a minimum distance of 100 percent of the antenna-supporting structure's height. If the applicant provides a written and sealed statement by a Florida licensed professional engineer, certifying that the proposed antenna-supporting structure will employ breakpoint technology and identifying the proposed "fall zone radius," said residential separation may be reduced to the greater of the antenna-supporting structure's fall zone radius or the setback requirements of the zoning district in which the antenna-supporting structure is located. The proposed antenna-supporting structure's support equipment shall meet all setback requirements of the zoning district in which it is located.

(Ord. No. 2018-01, § 5, 1-16-2018)