1. a.
   Intent. The intent of the supplemental district regulations is to accommodate uses, buildings, and structures which may occur throughout all or a portion of the zoning districts established by the city. The supplemental regulations provide common regulations for circumstances encountered throughout the city.
2. b.
   Conflicting regulations. Whenever any provision of this article imposes more stringent requirements or limitations than required by the provisions of any other ordinance or portion of this chapter, then the provisions of this article shall govern. Whenever the provisions of any other ordinance or portion of this chapter impose more stringent requirements than imposed by this article, then the provisions of such ordinance or portion of this chapter shall govern.
3. c.
   Scope. No building or structure, or part thereof, shall hereafter be erected, constructed, or altered except in conformity with the provisions of this article. No new use or change of use affecting a building, structure, or land shall occur or be maintained except in conformity with the provisions in ARTICLE XVI of this chapter.

(Code 1979, § 33-110)

1. a.
   General provisions.

   1. 1.
      Public safety. No fence, wall or hedge shall be constructed or maintained within three feet of a fire hydrant, water connection, or other emergency apparatus placed for the purpose of fire protection. Fences, walls or hedges shall not be placed within the area required by applicable fire and life safety codes to be clear and unobstructed for passage of emergency vehicles or for the ingress and egress of persons or animals.
   2. 2.
      Special fence prohibitions. No barbed wire, electrical elements, or other hazardous materials shall be maintained as a fence or part of a fence or wall in a residential district. The top surface of any chainlink or cyclone fence shall be crimped to eliminate the exposure of sharp edges.
   3. 3.
      Permits. All fences, walls, or hedges, except those exempted in subsection (a)(5) of this section, shall comply with appropriate zoning clearance and building permit procedures. An occupancy permit shall not be issued until all required fences, walls, or screening hedges are erected, constructed, or installed.
   4. 4.
      Maintenance. All fences and walls shall be maintained in a safe and nonhazardous condition. The city building and zoning department shall make any required determinations as to the condition of a fence or wall.
   5. 5.
      Exemptions. All agricultural fences in the ROS or W districts and temporary fences or walls used at a construction site for the purpose of security or protection shall be exempt from the provisions of this section. However, such fences or walls shall comply with the visibility requirements of subsection 94-305(c). Temporary fences at construction sites shall comply with the requirements of subsection 94-450(e).
   6. 6.
      Fencing, hedges and walls prohibited East of Flagler Drive. For residential parcels bordering Flagler Drive where the principal residence is (or should be if the lot is empty) to the west of Flagler and the parcel includes non-contiguous residential property east of Flagler Drive, fencing, hedges or walls shall be prohibited east of Flagler Drive. Gating or fencing on docks east of the seawall shall not be prohibited with proper permitting.
2. b.
   Residential fence, hedge, and wall limitations.

   1. 1.
      Maximum height. In residential districts, no fence or wall shall exceed six feet in height within required side and rear setbacks. Fences or walls shall not be in excess of 48 inches in height within the required front setback. Hedges shall not exceed ten feet in height in any required setback.
   2. 2.
      Maximum height, exception. On corner lots and through lots adjacent to a collector or arterial right-of-way as designated by the city engineer, a fence, or wall shall not exceed six feet in height and a hedge ten feet in height within the required front setback adjacent to the collector or arterial right-of-way. On residential lots directly abutting commercial or industrial zoning districts, a fence or wall shall not exceed eight feet in height within the side or rear setback, outside of the front setback, where the property abuts the commercial or industrial zoning district. Fences, walls and hedges installed pursuant to this section shall be subject to the clear vision requirements of subsection 33-112(e) of this Code.
   3. 3.
      Special fence prohibitions. No barbed wire, electrical elements, or other hazardous materials shall be maintained as a fence or wall in a residential district. The top of any chain link or cyclone fence shall be crimped to eliminate the exposure of sharp edges.
3. c.
   Nonresidential fence, hedge and wall limitations.

   1. 1.
      Maximum height. In nonresidential districts, no fence, hedge or wall shall exceed eight feet in height within the required side and rear setbacks. Fences and wall shall not exceed 48 inches in height within the required front setback.
   2. 2.
      Barbed wire permitted. No more than three strands of barbed wire may be used at the top of a fence or wall. The strands must be located at least six feet above grade or mounted vertically or at an angle projecting interior to the property and must not encroach beyond the property line.

(Code 1979, § 33-111; Ord. No. 3628-03, § 1, 1-21-2003; Ord. No. 4066-07, § 3, 10-22-2007; Ord. No. 5056-23, § 3, 08-21-2023)

In the event a property owner can not meet any of the additional standards shown in subsection (b), such waiver shall require approval by the zoning board of appeals as a Class B special use permit.

1. a.
   Additional application requirements.

   1. 1.
      Only permitted in a single-family high density (SF14) residential zoning district.
   2. 2.
      Minimum lot area: 6,000 square feet
2. b.
   Additional standards.

   1. 1.
      All accessory apartments must comply with the development standards for residential accessory structures.
   2. 2.
      Lot width: 60 feet
   3. 3.
      Maximum unit size: 800 square feet.
   4. 4.
      Setbacks: See subsection 94-305(b)(2)
   5. 5.
      Parking: One parking space shall be provided for the apartment and two for the principal structure on site.
   6. 6.
      Maximum height: Accessory apartments shall not exceed 25 feet in height.

(Ord. No. 3744-04, § 4, 9-27-2004)

1. a.
   General provisions.

   1. 1.
      Accessory structures must be constructed simultaneously with, or following the construction of the main building and shall not be occupied until after the principal structure has received a certificate of occupancy. No accessory structure shall be constructed or established on any lot prior to the time of construction or relocation of the principal structure to which it is accessory.
   2. 2.
      Conversion of detached garages or other accessory structures for the purpose of creating a dwelling unit shall be permitted only if the newly created dwelling unit is permitted and all code requirements are satisfied.
   3. 3.
      Any required off-street parking that is deleted or rendered unusable by a conversion or addition pursuant to the provisions of this section shall be replaced in a manner consistent with ARTICLE XV parking of the zoning code.
   4. 4.
      Donation collection bins prohibited. It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored, kept or maintained a donation collection bin in or on any lot, parcel or tract of land or body of water in any zoning district or on public property. A donation collection bin is hereby defined as a receptacle designed with a door, slot or other opening and which is intended to accept and store donated items; provided, however, the definition of donation collection bins shall not include recycling bins for pre-sorted recyclable materials that would otherwise go to the landfill such as beverage containers, glass, aluminum, plastics, steel, cardboard, paper and plastic bags, magazines, newspapers, and paper products.
2. b.
   Accessory structures in residential districts.

   1. 1.
      Maximum square footage. The total floor area of all roofed accessory buildings on a property shall not exceed 75 percent of the gross floor area of the primary structure with a maximum floor area of 1,000 square feet.  For the residential neighborhoods of Echo Lakes and Westfield, all roofed accessory buildings are prohibited.  This prohibition does not include gazebos and screen enclosures.
   2. 2.
      Setbacks.

      Front: 25 feet.

      Side: Five feet from the lot lines.

      Corner: Same as required for principal structure.

      Rear: Five feet minimum or 15 feet from the centerline of the alley to a garage door facing the alley, whichever is greater.

   3. 3.
      Building separation. Accessory structures covered with a solid roof shall be located no closer than six feet to the principal structure. Accessory structures less than six feet from the primary structure must meet the primary structure setbacks. Accessory structures may be connected to the principal structure with a canvas covered open breezeway.
   4. 4.
      Height. Accessory structures shall not exceed 25 feet.
3. c.
   Utility and tool sheds in Echo Lakes and Westfield neighborhoods  Manufactured utility and tool sheds, which may be exempt from the Florida Building Code, when accessory to a single-family use, may be permitted in the most preferred available location.  In order of preference the available locations are:

   1. 1.
      Rear yard, behind the rear of the primary structure, five feet from the side and rear property lines.
   2. 2.
      Side setback, five feet behind the front of the primary structure, five feet from the side property line.  For corner lots, the shed must be a minimum of five feet behind the building line.  If visible from the street, sheds must be screened with an opaque fence or landscape hedge that is a minimum of five feet at installation with the potential to grow to and be maintained at 10 feet within the required setbacks.

   No more than one shed shall be permitted per property.  Sheds shall not be habitable.  A shed shall be no greater than 12 feet in length on any side and shall be no greater in height than 10 feet measured to the top of the structure and shall be no larger in area than 120 gross square feet. 

4. d.
   Screen enclosures.

   1. 1.
      Screen enclosures attached to or detached from the principal building shall be considered an accessory structure if the roof and all sides of the enclosure attached to the principal building are made of screening material. In such cases the accessory building setbacks shall apply to the enclosure.
   2. 2.
      Roofed screened enclosures attached to the principal building shall be considered part of the principal structure and all principal building setbacks for the respective zoning district shall apply.
5. e.
   Swimming pools.

   1. 1.
      Additional application requirements.

      1. a.
         Permitted with extra requirements. In the event a property owner cannot meet any of the additional standards shown in subsection (b), any waivers shall require approval by the zoning board of appeals as a Class B special use permit.
      2. b.
         Above ground swimming pools are prohibited.
   2. 2.
      Additional standards.

1.   
   1.   
      1. 1.
         Swimming pools, appurtenances and screen enclosures shall be located on a lot as depicted in the following table:

         	REQUIRED MINIMUM SETBACKS
         	SIDE LOT LINE	FRONT LOT LINE	REAR LOT LINE	CORNER LOT LINE
         Water's edge	5 feet	25 feet	5 feet	10 feet
         Screen enclosure and appurtenances	5 feet	See I below	5 feet	10 feet

1.   
   1. I.
      All screen enclosures shall be located behind the street facade of the principal building.
2.   
   1.   
      2. b.
         Every swimming pool shall be enclosed by a fence or similar structure which is installed to obstruct access by persons other than the owners or occupants of the residence within which a swimming pool is located. Barriers or fences shall be at least four feet in height above grade.

      3. c.
         Access to an accessory swimming pool must be through a building or through a self-closing and self-latching gate or through a screen enclosure door with latches placed at least 54 inches above bottom of gate. At least 90 percent of the surface area of all screen enclosures shall be screening material through which air shall flow. All pools located on a corner lot shall be screened at the corner lot line by at least a 42-inch high landscape buffer, as measured from grade, at the property line, to ensure privacy.
      4. d.
         If a patio or paved area is provided adjacent to or surrounding a pool, it shall be designed to drain away from the pool, but not onto adjacent properties.
      5. e.
         For a double frontage lot, a swimming pool may be located along that street frontage that is the predominant location of swimming pools along that same street. The minimum setback for the water's edge, screen enclosures and appurtenances from the property line shall be five feet. A landscape buffer along the pool's street frontage is required that is consistent with subsection c. above.

(Ord. No. 3744-04, § 4, 9-27-2004; Ord. No. 4450-13, § 4, 4-1-2013; Ord. No. 4492-13, § 3, 1-21-2014; Ord. No. 4515-14, § 1, 7-21-2014; Ord. No. 4829-19, § 3, 01-27-2020)

1. a.
   Measurement of setbacks.

   1. 1.
      Measurement. Setbacks shall be measured by the shortest dimension, running from the property line to the building line.
   2. 2.
      Effect of future rights-of-way. When future right-of-way lines are established by the city commission, all setbacks shall be measured from the established right-of-way.
2. b.
   Setback encroachments.

   1. 1.
      Joint use prohibited. The setback or open space of a building on one lot shall not be considered as the setback or open space for a building on any other lot except where unity of title is provided for all affected properties.
   2. 2.
      Structural intrusions. Structural overhangs, including but not limited to balconies, cornices, gutters, eaves, and roof overhang projections shall not extend farther than three feet into any setback.
   3. 3.
      Sills and belt courses. Sills and belt courses may project 12 inches into a setback.
   4. 4.
      Mechanical equipment. Mechanical equipment may not project more than four feet into a setback. Window air-conditioning units may not project more than 18 inches into a required side setback.
   5. 5.
      Awnings. Awnings shall not project more than four feet into any setback or be supported by any means other than attachment to the building.
   6. 6.
      Wing walls. Wing walls shall conform to the normal setback requirements whenever they exceed the allowable height of a fence.
   7. 7.
      Steps and porches. Steps, open uncovered porches or stoops, and open terraces which are three feet or less above grade may encroach into any required setback area to a point not closer than two feet to the property line. Any grade differential between the encroaching step, porch, stoop, or terrace and adjacent property shall be structurally retained and positively drained in a manner that will prevent any drainage discharge to any property contiguous to the side or rear property lines.
   8. 8.
      Bay windows. Bay windows may not project more than three feet into any front or rear setbacks, and not more than 18 inches into any side setback.
   9. 9.
      Outside stairways. Outside stairways over three feet in height above grade shall meet all setback requirements of the main structure.
   10. 10.
       Chimneys. Chimneys may project no more than 18 inches into any setback.
   11. 11.
       Railroad tracks. Side and rear setback requirements may be waived if yards abut a railroad track, siding or easement. Construction of buildings shall be permitted up to the abutting side or rear property lines, except in residential districts.
   12. 12.
       Access. Access drives meeting the provisions of section 94-312 may be placed in the required front, side, or rear setback to provide access to accessory or attached structures. Sidewalks, terraces, or other similar improvements in excess of nine inches above the grade shall not be permitted in any setback.
   13. 13.
       Obstructions prohibited. Required front, side, and rear setbacks shall be open and unobstructed by structures from the ground to the sky except as specifically permitted by this section.
3. c.
   Additional setback requirements.

   1. 1.
      Multifrontage lots. Unless otherwise provided by this chapter, the required front setback shall be required for all lots having frontage on more than one street.
   2. 2.
      Waterfront tidal setback. All residential principal and accessory structures on waterfront lots subject to tidal action shall be set back at least 25 feet from the mean highwater mark. Where seawalls constructed on or behind the mean highwater mark exist, the setback shall be at least 15 feet.
   3. 3.
      Fresh water setback. All residential principal and accessory uses located on nontidal waterfront lots shall be set back at least ten feet from the mean highwater mark. The mean highwater mark shall be determined by the overflow elevation of any controlling device, structure, pipe, or ditch.
4. d.
   Building setback lines on thoroughfare and future street lines. In addition to the setbacks required in any zoning district by this chapter, additional building setback lines along designated portions of certain existing or proposed road rights-of-way are required as provided in Table X-1. For the purposes of this section, the setbacks shall be measured from the centerline of each road or right-of-way.

5. e.
   Visibility at intersections. At any road intersections, visibility shall not be obscured by the construction, placement, or maintenance of a structure wall, sign, fence, berm, plant material, shrubs, or any similar item between 18 inches or eight feet in height within a triangle beginning at the point where property lines meet at the corner, then 20 feet along the front property line, thence diagonally to a point along the side property line 20 feet from the point of beginning, and thence to the point of beginning. In the event the corner of an intersection is rounded, the measurement shall begin at the point the property lines would meet without rounding. (See Figure X-1)

   FIGURE X-1: VISIBILITY TRIANGLE

(Code 1979, § 33-112; Ord. No. 3744-04, § 4, 9-27-2004; Ord. No. 4370-11, § 3, 10-3-2011; Ord. No. 4449-13, § 24, 3-19-2013; Ord. No. 4660-16, § 9, 12-5-2016)

1. a.
   Exemptions to height limits. Heating, ventilation, and air conditioning equipment; church steeples, bell towers, flag poles, chimneys, parapets, stair enclosures, tanks, decorative features, elevator hoistways or equipment, television or radio antennas, and related mechanical or functional features may exceed district height requirements by ten percent.
2. b.
   Federal Aviation Administration approval required. The height of structures, including exempt items or equipment, shall not exceed limitations prescribed by the Federal Aviation Administration within designated flight approach patterns of airports or related aviation facilities as on file with the planning and zoning administrator.

(Code 1979, § 33-113; Ord. No. 3744-04, § 4, 9-27-2004)

All development shall provide for adequate drainage and stormwater management. Compliance with the stormwater management requirements of South Florida Water Management District F.A.C. 40E-4, shall constitute compliance with this provision and with the provisions of the city's comprehensive plan which relate to the aquifer recharge areas. Provided, however, that there shall be no new drainage outfalls into Lake Worth.

(Code 1979, § 33-114; Ord. No. 3744-04, § 4, 9-27-2004)

The provisions of F.S. ch. 333, relating to airport zoning, as amended from time to time, are hereby adopted as if set forth in full in this section. As used in F.S. ch. 333, the term "board of adjustment" shall mean the city zoning board of appeals.

(Code 1979, § 33-115; Ord. No. 3744-04, § 4, 9-27-2004)

1. a.
   Exterior lighting. All outdoor lighting shall be shielded to reduce glare and shall be arranged to reflect light or glare away from all adjacent residential districts, adjacent residences, or public thoroughfares. Illumination of signs shall be in accordance with the provisions of ARTICLE XIII of this chapter.
2. b.
   Residential development entrances. In all residential districts, residential development entrance structures, including but not limited to walls, columns, and gates, may be located in a required setback, except as provided in section 94-305. Compliance with applicable codes and appropriate approvals and permits are required for all residential entrances. (Note: See Figure X-1)
3. c.
   Accessibility. All lots shall be accessible, via public streets, public rights-of-way, private streets, or easements approved by the city, in order for any use permitted by this chapter to occur.
4. d.
   Interpretation of use. Any use not specifically identified as a use permitted by right, a special use, a permitted use with extra requirements, or a permitted accessory use in a zoning district may be permitted upon a positive recommendation of the planning and zoning administrator. The planning and zoning administrator shall determine that a proposed use is similar in nature and compatible with the permitted uses for a district. The determination by the planning and zoning administrator shall be based upon the Standard Industrial Code (SIC) groupings, as prepared by the United States Department of Commerce, ARTICLE XIX of this chapter regarding definitions and APPENDIX A to this chapter containing the master use list, and characteristics shared by existing and proposed uses including daily traffic generation, types of merchandise or service provided, types of goods produced, expected hours of operation, and esthetic characteristics. The planning and zoning administrator shall determine whether such uses shall be permitted by right, permitted as special uses, permitted as uses with extra requirements, or permitted as accessory uses. A proposed use shall comply with all requirements applicable to existing uses. A record shall be kept of all uses approved under the provisions of this section. Once a specific use has been permitted within a district, appropriate amendments to this chapter shall be made as necessary.
5. e.
   Voting places. The provisions of this section shall not interfere with the temporary use of any property as a voting place in connection with public elections.
6. f.
   Submerged lands density calculation. In the event any property in a multifamily residential zoning district which abuts the waters of Lake Worth owns submerged lands in fee simple, such submerged lands may be utilized to determine ultimate development potential subject to all of the following:

   1. 1.
      Proof of submerged land ownership shall be provided.
   2. 2.
      The applicant will provide a statement concurrent with land development application or building permit application, in a form acceptable to the city attorney, that an application to fill and utilize submerged lands will not be filled following approval of the planned development district or issuance of building permit. However, nothing in this section shall prohibit such water related uses as swimming, fishing, and boating.
   3. 3.
      The density attributed to submerged lands shall be allowed to be utilized with upland density. The number of units allowed to be added to the upland density is the lesser of 75 percent of the density attributed to the submerge land or 12½ percent of the upland density. Density sought in excess of this formula may be placed upon upland by application for a PDD. Upland is land that has a bulkhead, and if not a bulkhead, then the mean high water line on the shore.
   4. 4.
      Any property with an aggregate of upland and submerged acreage of two acres or more may apply for a PDD in order to increase the utilization of submerge land. The amount of submerged land to be used in determining ultimate development potential shall not exceed the gross square footage of upland property.
7. g.
   Townhouses.

   1. 1.
      Construction permitted. Townhouses may be constructed in the following residential zoning districts: MF14, MF20 and MF32.
   2. 2.
      Density permitted. The number of townhouses permitted shall not exceed the number of dwelling units per acre allowed by right or as a planned development in the underlying zoning district.
   3. 3.
      Common ownership. Common ownership of certain property within a townhouse development shall be allowed; however, at least 100 percent of the ground floor building area of each unit shall be conveyed to the owner in fee simple title. In the event less than 100 percent of the lot area is, conveyed to the owners of the units, a property owners association shall be established to provide for the maintenance of all common areas. In the event 100 percent of the lot area is conveyed to the owners of the units, then a property owners maintenance association shall be established to ensure compliance with regulations that are adopted for exterior area maintenance.
   4. 4.
      Minimum number of units. At least eight townhouse units must be constructed if a property owners' association for common area maintenance is to be established.
   5. 5.
      Maximum number of contiguous units. Unless a waiver in a planned development district is obtained, no more than eight townhouse units may be connected by common walls.
   6. 6.
      Development standards.

      1. a.
         Minimum lot area: 1,800 square feet.
      2. b.
         Minimum lot width: 16 feet.
      3. c.
         Maximum building height: 35 feet.
      4. d.
         Required setbacks.

         1. 1.
            Front: 20 feet.
         2. 2.
            Side: ten feet, or zero feet for units sharing a common wall.
         3. 3.
            Rear: 15 feet or ten percent of lot depth, whichever is less.
      5. e.
         Minimum building separation: 20 feet between townhouse complex structures or accessory structures.
      6. f.
         Minimum floor area: 900 square feet of net floor area, excluding attic, garage and utility areas.
8. h.
   Single-family detached zero lot lines.

   1. 1.
      Constructed permitted. Single-family zero lot line homes may be constructed only in a planned development district.
   2. 2.
      Development standards.

      1. a.
         Minimum lot area: 4,500 square feet.
      2. b.
         Minimum lot width: 45 feet.
      3. c.
         Minimum lot width (corner): 60 feet.
      4. d.
         Minimum lot depth: 75 feet.
      5. e.
         Maximum building height: 35 feet.
      6. f.
         Pool setbacks.

         1. 1.
            Front (not permitted within front setback).
         2. 2.
            Side (interior): five feet.
         3. 3.
            Side (zero lot line): five feet.
         4. 4.
            Corner: 15 feet.
         5. 5.
            Rear: five feet.
         6. 6.
            Principal structure: five feet.
      7. g.
         Screen enclosure.

         1. 1.
            Front (not permitted within front setback).
         2. 2.
            Side (interior): three feet.
         3. 3.
            Side (zero lot line): zero feet.
         4. 4.
            Corner: 15 feet.
         5. 5.
            Rear: three feet.
      8. h.
         Required setbacks.

         1. 1.
            Front (front load garage): 25 feet.
         2. 2.
            Front (side load garage): 20 feet.
         3. 3.
            Side (interior): ten feet.
         4. 4.
            Side (zero lot line): zero feet.
         5. 5.
            Corner: 15 feet.
         6. 6.
            Rear: ten feet.
   3. 3.
      Accessory buildings. Accessory buildings shall meet the setback requirements for the principal structure.
   4. 4.
      Color schemes. A minimum of three different color schemes shall be utilized.
   5. 5.
      Entry and street landscape plans. An entry landscape plan and street landscape plan shall be utilized.
   6. 6.
      Landscape buffer plan. A landscape buffer plan shall be utilized to provide and maintain a 25-foot landscape buffer along the entire edge of the property adjacent to a road right-of-way.
   7. 7.
      Unit landscape plans. A minimum of three different unit landscaping plans shall be utilized.
   8. 8.
      Exterior modifications. If less than three models are to be utilized, at least one significant exterior modification shall be used on every fifth lot. Such modification may include side-load garages, different facade materials, or different roof lines. Mirror images shall not constitute a significant exterior modification.
   9. 9.
      Structure recession. A portion of the zero lot line side of the structure (maximum 50 percent) may be recessed from the lot line to accommodate entrances into the unit. The minimum recessed distance shall be four feet. However, such recesses shall not be adjacent to the private outdoor areas of the adjacent unit. In such instances the configuration and location of the adjacent unit must be shown on the building permit submitted.
   10. 10.
       Roof eaves. Roof eaves may project over the zero lot line up to a maximum of 18 inches if adequate gutters are provided to prevent runoff onto the contiguous property, and if an appropriate easement is recorded for the roof encroachment.
   11. 11.
       Walls or privacy fences. A five-foot wall or privacy fence shall be constructed along the zero lot line from the rear of the principal structure to the rear property line and when a rear property line abuts another rear or side property line.
   12. 12.
       Window openings. Window openings shall be prohibited along the zero lot line.
   13. 13.
       Ownership. Single-family zero lot line lots shall be conveyed in fee simple title.
9. i.
   Solar energy systems, accessory use .

   1. 1.
      Accessory use solar energy systems are permitted by right in all zoning districts, and shall comply with the conditions established in this section, applicable development standards for each zoning district, and permitting requirements. Solar energy systems shall be installed in historic districts and on historic properties in accordance with the historical residential design standards set forth in subsection 94-45(2). In the event of a conflict, the most detailed regulation shall take precedence.
   2. 2.
      Prior to issuing permits, the planning and zoning administrator may request that the property owner provide written certification that the energy produced by the solar energy system is reasonably equivalent to the electrical usage of the property and any selling of excess energy is incidental. This provision shall not have the effect of prohibiting the installation of solar energy systems on properties without historical usage data, in accordance with F.S. § 163.04.
   3. 3.
      Building-integrated systems shall be permitted by-right in each zoning district.
   4. 4.
      Rooftop systems.

      1. a.
         Sloped roofs—Height. On sloped roofs, the highest point of the solar collectors shall not exceed the highest rooftop peak and must be installed parallel to the roof surfaces to which they are attached provided such location does not impair the effective operation of the solar collectors. Solar collectors may be mounted up to one foot above roof surfaces to which they are attached.
      2. b.
         Flat roofs—Height. On flat roofs, the highest point of the system shall be permitted to exceed the district's height limit by a maximum of six feet above the rooftop to which it is attached.
   5. 5.
      Ground-mounted systems.

      1. a.
         Ground-mounted solar energy systems shall not exceed the lesser of 25 feet or the height of the primary structure.
      2. b.
         Ground-mounted solar energy systems shall not be located closer than six feet from the primary structure, unless the system is architecturally integrated into the primary structure, including, but not limited to, awnings, carports, shade structures, or other such structures as determined by the planning and zoning administrator.
      3. c.
         Screening and fencing. Systems over six feet shall be required to be screened with an opaque fence. Systems under six feet shall be screened with landscape, opaque fence or combination. The planning and zoning administrator may recommend additional or alternative specific types of fencing, screening, and/or walls appropriate to the site and surrounding land uses.
      4. d.
         Ground-mounted systems may be sited in side, corner, and rear yard areas in accordance with applicable requirements in subsection 94-304(b)(2). Ground-mounted systems may be sited in front yards if the system is architecturally integrated into the primary structure, including, but not limited to, awnings, carports, shade structures, or other such structures as determined by the planning and zoning administrator.
   6. 6.
      Pole-mounted systems shall be permitted by-right in each zoning district, subject to all of the requirements for ground-mounted solar energy systems except provisions pertaining to screening and fencing.
   7. 7.
      Decommissioning. The development services director may request proof of operation from the property owner, due within 14 days of the request. Any system which becomes inoperable shall at the owner's expense be made operational or shall be removed from the property within 90 days of the date the system became inoperable.

(Code 1979, § 33-116; Ord. No. 3744-04, § 4, 9-27-2004; Ord. No. 4746-17, § 3(Exh. C), 1-16-2018)

Dedication of land to provide necessary rights-of-way caused by the impact of new development shall be addressed at the time of site plan or master plan review, or at a time of platting or replatting. Dedication of lands to provide necessary rights-of-way in those areas of the community experiencing redevelopment shall be addressed at the time of site plan or master plan review. In each case, land dedicated shall be based upon the right-of-way needs enumerated in subsection 94-305(d) or by the city engineer.

(Code 1979, § 33-118; Ord. No. 3744-04, § 4, 9-27-2004; Ord. No. 4660-16, § 9, 12-5-2016)

Editor's note— Ord. No. 4660-16, § 9, adopted Dec. 5, 2016, repealed the former § 94-310, which pertained to performance standards and derived from Code 1979, § 33-117; Ord. No. 3744-04, § 4, adopted Sept. 27, 2004.

Said ordinance has renumbered §§ 94-311—94-314 as §§ 94-310—94-313.

1. a.
   Intent. It is the intent of this section to establish traffic performance standards to guide, control and coordinate development with the maintenance of reasonable and safe levels of service on the major thoroughfares serving the city.
2. b.
   Definitions.

   1. 1.
      Major thoroughfares means all major and minor arterial and collector streets as set forth in the traffic circulation element of the comprehensive plan of the city.
   2. 2.
      Level of service (LOS) means the measure of a roadway's traffic carrying capability in terms of flow characteristics and operating speeds.

      1. a.
         Level of service "C" means a high volume and stable flow of vehicular traffic and is the design capacity for urban roadways. (See Table X-3.)

         TABLE X-3: LEVEL OF SERVICE "C"
         DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
         Two-lane (two-way)	10,000
         Two-lane (one-way)	12,000
         Four-lane (undivided)	20,000
         Five-lane (undivided)	24,000
         Four-lane (divided)	24,000
         Six-lane (divided)	36,000
         Eight-lane (divided)	48,000
         Six-lane expressway	72,000
         Eight-lane express	96,000

         TABLE X-3: LEVEL OF SERVICE "C"
         DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
         Two-lane (two-way)	10,000
         Two-lane (one-way)	12,000
         Four-lane (undivided)	20,000
         Five-lane (undivided)	24,000
         Four-lane (divided)	24,000
         Six-lane (divided)	36,000
         Eight-lane (divided)	48,000
         Six-lane expressway	72,000
         Eight-lane express	96,000

         TABLE X-3: LEVEL OF SERVICE "C"
         DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
         Two-lane (two-way)	10,000
         Two-lane (one-way)	12,000
         Four-lane (undivided)	20,000
         Five-lane (undivided)	24,000
         Four-lane (divided)	24,000
         Six-lane (divided)	36,000
         Eight-lane (divided)	48,000
         Six-lane expressway	72,000
         Eight-lane express	96,000

         TABLE X-3: LEVEL OF SERVICE "C"
         DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
         Two-lane (two-way)	10,000
         Two-lane (one-way)	12,000
         Four-lane (undivided)	20,000
         Five-lane (undivided)	24,000
         Four-lane (divided)	24,000
         Six-lane (divided)	36,000
         Eight-lane (divided)	48,000
         Six-lane expressway	72,000
         Eight-lane express	96,000

      2. b.
         Level of service "D" means high volume and tolerable operating speeds where unstable flow characteristics are approached during peak hour periods. (See Table X-4.)

         TABLE X-4: LEVEL OF SERVICE "D"
         DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
         Two-lane (two-way)	11,500
         Two-lane (one-way)	13,800
         Four-lane (undivided)	23,200
         Five-lane (undivided)	27,600
         Four-lane (divided)	27,600
         Six-lane (divided)	41,400
         Eight-lane (divided)	55,200
         Six-lane expressway	82,800
         Eight-lane express	110,400

         TABLE X-4: LEVEL OF SERVICE "D"
         DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
         Two-lane (two-way)	11,500
         Two-lane (one-way)	13,800
         Four-lane (undivided)	23,200
         Five-lane (undivided)	27,600
         Four-lane (divided)	27,600
         Six-lane (divided)	41,400
         Eight-lane (divided)	55,200
         Six-lane expressway	82,800
         Eight-lane express	110,400

         TABLE X-4: LEVEL OF SERVICE "D"
         DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
         Two-lane (two-way)	11,500
         Two-lane (one-way)	13,800
         Four-lane (undivided)	23,200
         Five-lane (undivided)	27,600
         Four-lane (divided)	27,600
         Six-lane (divided)	41,400
         Eight-lane (divided)	55,200
         Six-lane expressway	82,800
         Eight-lane express	110,400

         TABLE X-4: LEVEL OF SERVICE "D"
         DESIGN TYPE	AVERAGE ANNUAL DAILY TRIPS (AADT)
         Two-lane (two-way)	11,500
         Two-lane (one-way)	13,800
         Four-lane (undivided)	23,200
         Five-lane (undivided)	27,600
         Four-lane (divided)	27,600
         Six-lane (divided)	41,400
         Eight-lane (divided)	55,200
         Six-lane expressway	82,800
         Eight-lane express	110,400

   3. 3.
      Background traffic means projected traffic from approved but not yet completed developments which will likely affect the major thoroughfares within the area of a proposed development.
   4. 4.

      Total traffic means the sum of the existing traffic, the background traffic, and the anticipated traffic to be generated by a proposed development.

   5. 5.

      Significant impact means either of the following:

      1. a.
         The assigned traffic volume from a proposed development exceeds the percentage of LOS "D" capacity listed below on any links within the radius of influence that have an existing volume greater than LOS "D" capacity:

         1. 1.
            Two-lane: Five percent.
         2. 2.
            Four-lane: Four percent.
         3. 3.
            Six-lane: Three percent.
      2. b.
         The total assigned traffic volume from a proposed development exceeds ten percent of the total LOS "D" capacity of all links within the radius of influence that have existing volumes greater than the LOS "D" capacity.
   6. 6.
      Existing average annual daily traffic (AADT) means the data thereof established and utilized by the county metropolitan planning organization (MPO) or the state department of transportation (DOT).
   7. 7.
      Land use plan means the future land use element of the comprehensive plan of the city.
   8. 8.
      Link means the roadway segment between two intersections.
   9. 9.
      Intersections means the junction of two or more major thoroughfares.
   10. 10.
       Rezoning means any change in the zoning classification and any approval of a special exception or special use.
   11. 11.
       Directly accessed means ingress and egress of a proposed development on a major thoroughfare.
   12. 12.
       Radius of development influence means the area surrounding a proposed development as set forth in Table X-5 below or the area in which the traffic impact on major thoroughfares exceeds one percent of the LOS "C" capacity on any thoroughfare. (See Table X-3.)

       TABLE X-5: RADIUS OF DEVELOPMENT INFLUENCE*
       LAND USE	DISTANCE
       Residential	5 miles or as required by DRI
       Commercial or industrial:
       0 to 49,999 square feet	2 miles
       50,000 to 99,999 square feet	3 miles
       100,000 to 199,999 square feet	4 miles
       200,000 to 399,999 square feet	5 miles
       400,000 or more square feet	5 miles or as required by DRI
       Other applicable uses	5 miles
       *The project's radius of development influence shall be defined as road miles from the proposed project, not as a geometric radius.

       TABLE X-5: RADIUS OF DEVELOPMENT INFLUENCE*
       LAND USE	DISTANCE
       Residential	5 miles or as required by DRI
       Commercial or industrial:
       0 to 49,999 square feet	2 miles
       50,000 to 99,999 square feet	3 miles
       100,000 to 199,999 square feet	4 miles
       200,000 to 399,999 square feet	5 miles
       400,000 or more square feet	5 miles or as required by DRI
       Other applicable uses	5 miles
       *The project's radius of development influence shall be defined as road miles from the proposed project, not as a geometric radius.

       TABLE X-5: RADIUS OF DEVELOPMENT INFLUENCE*
       LAND USE	DISTANCE
       Residential	5 miles or as required by DRI
       Commercial or industrial:
       0 to 49,999 square feet	2 miles
       50,000 to 99,999 square feet	3 miles
       100,000 to 199,999 square feet	4 miles
       200,000 to 399,999 square feet	5 miles
       400,000 or more square feet	5 miles or as required by DRI
       Other applicable uses	5 miles
       *The project's radius of development influence shall be defined as road miles from the proposed project, not as a geometric radius.

       TABLE X-5: RADIUS OF DEVELOPMENT INFLUENCE*
       LAND USE	DISTANCE
       Residential	5 miles or as required by DRI
       Commercial or industrial:
       0 to 49,999 square feet	2 miles
       50,000 to 99,999 square feet	3 miles
       100,000 to 199,999 square feet	4 miles
       200,000 to 399,999 square feet	5 miles
       400,000 or more square feet	5 miles or as required by DRI
       Other applicable uses	5 miles
       *The project's radius of development influence shall be defined as road miles from the proposed project, not as a geometric radius.

   13. 13.
       Capacity means the maximum AADT volume which a link can accommodate at a particular LOS. (See Tables X-3, X-4 and X-5.)
3. c.
   Traffic impact study required.

   1. 1.
      Any person seeking any of the following zoning approvals or development orders shall submit to the city a traffic impact study (TIS) as defined herein:

      1. a.
         A rezoning to a commercial district;
      2. b.
         A rezoning to an industrial district;
      3. c.
         A rezoning which allows a higher density of residential development;
      4. d.
         A rezoning to a planned community district or a planned development district; or
      5. e.
         A development of significant impact (DSI) approval.
   2. 2.
      Any proposed development that will generate less than one percent of the AADT capacity of LOS "C" on links directly accessed by the proposed development has no significant effect on the major thoroughfares within the project area. A finding by the city that a proposed development has no significant effect shall obviate the necessity of a traffic impact study.
   3. 3.
      A proposed development that will generate from one percent to three percent of the AADT capacity at LOS "C" on links directly accessed by the proposed development has a minor effect on the major thoroughfares within the project area. The traffic impact study shall pertain to the effects of the proposed development on such links and need not concern other portions of major thoroughfares.
   4. 4.
      A proposed development that will generate more than three percent of the AADT at LOS "C" on links directly accessed by the proposed development has a significant effect on the LOS for major thoroughfares within the project area. A traffic impact study is required for such proposed developments and shall be submitted to the city.
   5. 5.
      In an approved planned community district (PCD) with an approved overall traffic impact study, additional traffic impact studies shall not be required for rezoning of tracts within such PCD to an RPDD or CPDD zoning classification, provided RPDD rezoning requests are in accord with the approved PCD concept plan and provided that proposed uses and floor area rations of CPDD rezoning requests do not differ by more than five percent from those utilized in the overall traffic impact analysis.
4. d.
   Traffic impact study (TIS).

   1. 1.
      The TIS shall be conducted to determine whether major thoroughfares serving the proposed development exceed reasonable and safe levels of service at any time during the construction of, upon the completion of, the proposed development.
   2. 2.
      Major thoroughfares shall be maintained at levels of service having stable flow characteristics and shall approach unstable flow conditions only during peak traffic periods, more specifically defined as LOS "D."
   3. 3.
      In determining the effects of a proposed development on levels of service, the traffic impact study shall address all of the following areas:

      1. a.
         Traffic characteristics and levels of service of existing major thoroughfares within the proposed development's radius of development influence;
      2. b.
         Trip generation and origin-destination projects for the proposed development;
      3. c.
         Impacts of the proposed development on affected major thoroughfares including levels of service;
      4. d.
         Impacts of background traffic;
      5. e.
         Radius of development influence;
      6. f.
         Effects of phasing of the proposed development, including relationships to the long range thoroughfares plans of the city and the county metropolitan planning organization, and to the five-year work program of the county metropolitan planning organization and the state department of transportation;
      7. g.
         Effects of roadway alterations anticipated in the proposed project, including intersection improvements, turn lanes, signalization, medians, and other improvements;
      8. h.
         Highway and intersection design capacities;
      9. i.
         Impacts of the proposed development on hazardous intersections (more than five accidents per year or ACC/MEV plus or minus 0.5) within the radius of influence.
   4. 4.
      The following standards and methods of evaluation shall be used in preparing the traffic impact study:

      1. a.
         The traffic generated by the proposed development shall be computed and traffic assignments made for each link within the project's radius of development influence. Unless a different schedule of rates is permitted by the city, the rates published in the latest edition of the Institute of Transportation Engineer Trip Generation and Informational Report shall be used;
      2. b.
         The AADT set forth in Table X-4 of this section shall be used as the LOS standard;
      3. c.
         The TIS may address peak-hour intersection capacities in lieu of AADT rates. In such event, the TIS shall contain detailed intersection analysis for all intersections within the radius of development influence. The 1965 Highway Capacity Manual (including the Northwestern Nomographs) or Transportation Research Circular No. 212, "Interim Material on Highway Capacity," Transportation Research Board, January 1980, shall be referenced and used for documentation. (When current editions become available, such current editions shall be referenced.) All calculations shall be set forth;
      4. d.
         Intersection analysis will not be required for intersections where the sum of peak-hour critical lanes volumes can be shown not to exceed 1,200 vehicles per hour;
      5. e.
         Proposed intersection improvements to increase the LOS shall be considered to the extent that calculations show that the approved links will have sufficient capacity to utilize the capacity of the intersection. Proposed intersection laneage shall be designed in conformity with accepted geometric design standards;
      6. f.
         The traffic impact study shall cover an area defined in Table X-5, or the area in which traffic assignments from a proposed development on major thoroughfares exceeds one percent of LOS "C" capacity, whichever covers the lesser area;
      7. g.
         To determine background traffic, the city shall provide an assignment of all previously approved but incomplete developments relating to the existing major thoroughfare system. Fifty percent of this assignment may be used to address the traffic impacts of background traffic. The proposed developer may present evidence to the city that the impact of background traffic is less than 50 percent. Phasing of a proposed development may be considered in the analysis of background traffic;
      8. h.
         To determine the effects of project phasing, the following may be considered:

         1. 1.
            Separate traffic generation figures and assignments shall be provided for each phase;
         2. 2.
            Where the elevation of phased traffic impact includes the effect of proposed roadway construction, sufficient information shall be provided regarding the proposed construction to ensure that the roadways realistically will be constructed at the assumed time;
         3. 3.
            The phasing of previously approved but incomplete developments shall be considered when the radius of development influence of the previously approved development. An analysis shall be included of the potential positive or negative effects on the traffic generated by the project at each phase of the development; and
         4. 4.
            The traffic impact study shall be prepared and sealed by a qualified traffic engineer licensed to practice in the state.
5. e.
   Review of traffic impact studies. The traffic impact study shall be reviewed by the engineering division and by the community development and planning department of the city which shall make recommendations to the city planning board and to the city commission relative to the traffic impacts of the proposed development. The recommendations shall be based upon findings produced from the traffic impact study for each of the areas addressed in subsection (d)(3) of this section. The traffic impact shall be considered by the planning board and city commission in determining whether or not the application for rezoning or development of significant impact approval shall be granted.
6. f.
   Categories of review. The categories of review are broad guidelines to be used to measure the traffic impacts of a proposed development.

   1. 1.
      Category A. A proposed development that will cause a significant impact on major thoroughfares within the radius of development influence on which existing traffic volume exceeds LOS "D" shall be denied. A proposed category A development may be approved if either of the following conditions are met:

      1. a.
         Roadway improvements necessary to offset the proposed development's traffic impact will substantially provide the LOS required on major thoroughfares serving the project and will be constructed prior to or concurrently with the traffic impact of the proposed development.
      2. b.
         The existing, major thoroughfares impacted which are over capacity are their ultimate section and the proposed development is either one of the following:

         1. 1.
            Residential and less than five acres and 30 units;
         2. 2.
            Commercial and less than two acres;
         3. 3.
            Located in an area that is almost completely developed; or
         4. 4.
            Not predicted to cause a substantial degradation of the LOS of the impacted major thoroughfares.
   2. 2.
      Category B. A proposed development that will cause a significant impact on major thoroughfares within the radius of development influence on which the total traffic exceeds LOS "D" shall be denied. A proposed category B development may be approved if the project is phased and both of the following conditions are met:

      1. a.
         No phase will impact a major thoroughfare to a volume exceeding ten percent of the major thoroughfare's design capacity where total traffic on the major thoroughfare exceeds design capacity;
      2. b.
         No phase will impact any major thoroughfare to a volume exceeding 20 percent of that major thoroughfare's design capacity.
   3. 3.
      Category C. Where the significant impact on a major thoroughfare within the radius of development influence on the total traffic does not exceed the volumes listed in Table X-4, the proposed development shall be approved. If the proposed development is phased, no phase shall impact a major thoroughfare by more than 20 percent of its design capacity.

(Code 1979, § 33-119; Ord. No. 3744-04, § 4, 9-27-2004; Ord. No. 4660-16, § 9, 12-5-2016)

Editor's note— See editor's note for § 94-310.

Except where this chapter specifically requires otherwise, all proposed development shall meet the following standards for vehicular access to streets:

1. 1.
   Number of access points.

   1. a.
      All development shall have access to a public right-of-way. The maximum number of access points shall be as follows:

      TYPE OF DEVELOPMENT	NUMBER OF ACCESS POINTS ONTO EACH RIGHT-OF-WAY
      Major arterial	245 feet	75 feet
      Minor arterial	245 feet	75 feet
      Collector	125 feet	50 feet
      Non-Thoroughfare	125 feet	50 feet

      The number of access points to serve a site shall be kept at a minimum and shall be evaluated on a case by case basis in accordance with section 94-313(1).

   2. b.

      The distance between access points shall be measured from the nearest edge of the driveway to the nearest edge of the next driveway, not including the driveway apron. The corner clearance distance shall be measured from the nearest edge of the driveway to the closet edge of the intersecting street, not including the driveway apron. Figure X-2 shows how to measure the distance between access points and the corner clearance distance.

      FIGURE X-2

   3. c.

      Shared driveways and internal cross access shall be provided whenever feasible, provided that appropriate access easements are granted between or among the property owners.

2. 3.

   Alternative designs. Where natural features, property width, or spacing of existing driveways and roadways cause the foregoing access requirements to be physically infeasible, alternate designs may be approved by the Engineering Services Director or designee.

3. 4.

   Access to residential lots.

   1. a.

      Access to nonresidential uses shall not be through an area designed, approved, or developed for residential use.

   2. b.

      All lots in a proposed residential subdivision shall have frontage on and access from an existing street meeting the requirements of this chapter.

   3. c.

      Access to all residential lots in a proposed subdivision shall be provided from the lowest functional class of roadway having frontage on the lot. The functional class of roadway hierarchy is shown on the chart in section 94-313(2)a.

(Code 1979, § 33-120; Ord. No. 3744-04, § 4, 9-27-2004; Ord. No. 4370-11, § 3, 10-3-2011; Ord. No. 4660-16, § 9, 12-5-2016)

Editor's note— See editor's note for § 94-310.

1. a.
   Properties possessing contiguous or non-contiguous riparian rights are permitted to construct a dock, provided each of the standards required by this section are met. In the event a property owner cannot meet each of the required standards found in subsections (3) and (4) below, the applicant may submit an application for a Class A special use permit, for review by the city commission. Docks associated with a commercial marina shall be regulated by the provisions of subsection 94-273(d)(44.1) of this chapter.

   1. 1.
      Applicable locations. Docks may be permitted in all zoning districts within the city limits.
   2. 2.
      Additional application requirements. Upon submittal of an application for a building permit, two copies of each of the following documents shall be provided with the application. In addition, docks necessitating a Class A special use permit shall provide such additional documents or materials in such quantities required by the city's development application.

      1. a.
         Proof that the applicant is the owner of the property and the holder of the riparian rights;
      2. b.
         Construction plans prepared by and under the seal of a Florida registered professional engineer, architect or landscape architect;
      3. c.
         A site plan drawn to scale sufficient to represent all elements of the proposed dock and of the riparian property from which the dock will project, and of the adjacent properties on both sides thereof;
      4. d.
         A cross section showing all elements of the proposed dock, the bottom of the waterway, as well as the mean high waterline and mean low waterline.
      5. e.
         Valid written approval of the proposed dock by the Florida Department of Environmental Protection (DEP), the U.S. Army Corps of Engineers (the Corps) and/or the South Florida Water Management District (SFWMD) is required unless prohibited by general law. Such written approvals shall contain the date on which the proposed dock was approved.
   3. 3.
      Standards applicable to all docks.

      1. a.
         Governmental requirements. Docks shall comply with all applicable federal, state, and local requirements.
      2. b.
         Environment. Marine grasses, ethnic communities, aquatic preserves, manatee sanctuaries, and important estuarine or ecological features shall not be affected significantly by the proposed dock construction. Docks shall not constrict water circulation in Lake Worth.
      3. c.
         No hazard or intrusion. Dock location or design shall not create a hazard to navigation, shall not impede the flow of water; shall not damage or endanger environmentally sensitive areas; and may not contribute to pollution. Construction of the proposed dock shall not intrude upon the riparian rights of others, including rights vested to the public.
      4. d.
         Noncommercial use. Docks shall not be used for any commercial purpose. A commercial purpose includes but is not limited to providing access to any commercial enterprise, docking a boat for a fee, fishing ventures for a fee, marine salvage ventures, teaching or training of any marine-related activity such as boating, fishing or diving, and the sale of marine-related products, such as gasoline and oil, boat equipment, fishing equipment, and diving equipment.
      5. e.
         Impact on neighbors. Construction of the proposed dock shall not intrude upon the riparian rights of adjacent properties.
      6. f.
         Number of docks. A maximum of one dock is permitted per lot. However, if two or more adjacent single family residential lots with existing docks are combined, a maximum of two docks may be preserved. Said adjacent single family residential lots must each contain a minimum of 75 feet in width.
      7. g.
         Mooring slips. The maximum number of mooring slips shall be limited to the following, and must comply with the length, width, location, setback and all other requirements of this section:

         MAXIMUM # OF MOORING SLIPS
         SINGLE FAMILY (SF) ZONING DISTRICTS	MULTIFAMILY (MF) ZONING DISTRICTS	ALL OTHER ZONING DISTRICTS (I.E. COMMERCIAL DISTRICTS, MIXED USE DISTRICTS, PLANNED DEVELOPMENTS, ETC.)
         		USE OF THE PROPERTY
         		ENTIRELY RESIDENTIAL	ENTIRELY COMMERCIAL	MIXED-USE
         2 (1)	1 slip per 4 dwelling units for the first 60 units (or fraction thereof), and 1 additional slip for each 25 dwelling units more than 60 (or fraction thereof)	1 slip per 4 dwelling units for the first 60 units (or fraction thereof), and 1 additional slip for each 25 dwelling units more than 60 (or fraction thereof)	2	1 slip for non-residential, and 1 slip per 4 dwelling units for the first 60 units (or fraction thereof), and 1 additional slip for each 25 dwelling units more than 60 (or fraction thereof)
         NOTES:
         1. A homeowner's association located in a single family residential zoning district possessing riparian rights prior to January 1, 1987, with a dock not exceeding 100 feet in length, may have two mooring slips for each lot contiguous to the riparian property.

1.   
   1.   
      1.   
         1. i.
            All mooring slips shall be provided with appropriate connections for potable water and electrical service.
         2. ii.
            Docks containing four or more mooring slips shall provide sanitary sewer pump out facilities on the following basis: one sanitary sewer pump out receptacle for every eight mooring slips or fraction thereof, or appropriate connections to each mooring slip.

      8. h.
         Location and setbacks. Docks, "tees," dolphins, pilings, boatlifts, and other mooring-related facilities shall be constructed within the middle one-third of the lot on which a dock is constructed, as extended into the waterway. No watercraft shall be docked or anchored in a position, or be of such length, that causes it to extend beyond the side setback lines required for principal structures on such property, as extended into the waterway.
      9. i.
         Length. Dock length shall be measured from the mean high waterline, or the bulkhead, to the furthermost point of the dock, finger pier, or terminal platform (excluding dolphins, pilings, and other mooring related facilities).

      1.   
         1. i.
            Maximum dock length shall not exceed the minimum dock length approved by the Department of Environmental Protection (DEP), the Army Corps of Engineers (the Corps) and/or the South Florida Water Management District (SFWMD), based on the minimum water depth necessary to moor the vessels at low tide and minimum length to clear existing sea grass beds, up to a maximum of 100 feet.
         2. ii.
            Docks located along the northern bank of the West Palm Beach Canal, east of Dixie Highway, shall not exceed 40 feet in length.
         3. iii.
            The city commission may, by approval of a Class A special use permit, authorize a length greater than that permitted by subsections (i.) and (ii). above to reasonably accommodate the allowed number of boat slips, avoid damage to the marine environment, avoid extensive dredging of the lake bottom, or permit full use and enjoyment of the dock.

   1.   
      10. j.
          Width. The maximum width of a dock shall not exceed ten feet. Finger piers and terminal platforms which are generally perpendicular to the dock and parallel to the seawall, bulkhead, or riparian property line may be greater than ten feet in width (measured parallel to dock) provided that they remain within the middle one-third of the property and do not exceed ten feet in length (measured perpendicular to dock).
      11. k.
          Height. With the exception of security fences, boat lifts, and mooring devices, no buildings or structures shall be constructed on the proposed dock and no portion of a dock shall extend above the top surface of the bulkhead to which it is affixed, if any. Dolphins may extend to a reasonable height to provide safe mooring of a boat.
      12. l.
          Ladder. At least one ladder shall be provided for each dock, extending from the dock surface to two feet below the mean low waterline.
      13. m.
          Signs. No dock shall contain an advertising sign.
      14. n.
          Gas. No gasoline storage is allowed on docks.
      15. o.
          Street address. All docks shall have water-resistant reflective numerals corresponding to the street address of the upland property and shall be visible from the waterway.
      16. p.
          Lighting. Artificial lighting may be installed on a dock for security or safety but shall not light surrounding properties. Blinking or intermittent lights are prohibited.
      17. q.
          Boat lifts. Boat lifts shall be designed by a registered professional engineer. All boat lifts shall be designed in accordance with current electrical codes and in compliance with all manufacturers' specifications.
      18. r.
          Dolphins. All dolphins shall have a reflectorized band of at least five inches in width located approximately 24 inches from the top of dolphin. Reflector tape shall be formulated for marine use and be of an iridescent silver color.
2.   
   4. 4.
      Additional standards for docks located on properties possessing noncontiguous riparian rights.

      1. a.
         Fences. A security fence may be constructed on a dock to consist of rails and stiles which do not exceed one and one-quarter inches in cross sections and which are placed no closer than three inches and no further than four inches on center. Security fences may be constructed of aluminum, wrought iron, steel, or other similar metal. Chain link fencing shall be prohibited.
      2. b.
         Steps. As necessary, steps may be constructed on the upland side of the seawall in order to provide access over the seawall to the dock. Such steps shall:

         1. i.
            Be constructed in accordance with the minimum requirements of the Florida Building Code; and
         2. ii.
            Shall be constructed of concrete or stone; and
         3. iii.
            Shall not contain a handrail unless otherwise required by the Florida Building Code.

(Ord. No. 4492-13, § 2, 1-21-2014; Ord. No. 4511-14, § 1, 4-28-2014; Ord. No. 4609-15, § 3, 1-19-2016; Ord. No. 4660-16, § 9, 12-5-2016; Ord. No. 4862-19, § 3, 08-26-2019; Ord. No. 4935-21, § 3, 03-22-2021)

Editor's note— See editor's note for § 94-310.

1. a.
   Outdoor incinerators, garbage or trash receptacles, fuel oil or propane tanks, and storage racks shall not be permitted unless appropriate screening is provided. Screening shall be constructed of brick, decorative concrete, other decorative masonry, or comparably durable wood and steel. Walls shall be landscaped with shrubs and hedges planted at two-foot intervals. A four-sided enclosure with an obscuring gate may be required as a condition for site plan approval. Plans for the layout of trash receptacles shall be in accordance with the minimum requirements set forth in Figure XIV-3. The provisions of this section shall not apply to litter containers provided for the convenience of pedestrians. All areas for the storage and disposal of trash and garbage shall be paved with concrete surface as required by city engineering department.

   FIGURE XIV-3

2. b.
   Outdoor storage and disposal of goods, merchandise and materials.

   1. 1.
      Screening. Outdoor storage of goods, merchandise and materials shall not be permitted unless enclosed on all sides by a wall of adequate height constructed of brick, decorative concrete, other decorative masonry, or comparably durable wood or steel. Wall openings shall have obscuring gates. All areas for the storage and disposal of goods, merchandise, and materials shall be covered with either asphalt or concrete paving, or crushed rock of such specification and design as required by the city engineering department.
   2. 2.
      Exemptions .

      1. a.
         Temporary outdoor storage of bulk garden and farming supplies, such as wood chips, peat moss, flower flats, and similar items shall not be subject to the provisions of this section.
      2. b.
         Automobiles and other motor vehicles may be stored subject to the requirements of section 94-273, rather than this section.

(Ord. No. 4689-16, § 14, 4-11-2017)

1. a.
   Intent. The intent of this section is to minimize the detrimental impacts to health, safety, and the general welfare resulting from vacant lots and construction activities; to ensure that each vacant lot and construction site is maintained, and each construction activity is conducted in such a manner so as to avoid unnecessary inconvenience and annoyance to the general public and the occupants of the neighboring properties; and to require maintenance practices that will reduce the amount of sediment and other pollutants leaving construction sites during land development or land disturbing construction activities.
2. b.
   Applicability .

   1. 1.
      The regulations contained in this section apply to all vacant lots and land disturbing construction and land development activities on properties within the boundaries and jurisdiction of the city.
   2. 2.
      This section applies to all properties with an active, printed or expired building permit or demolition permit for any land disturbing construction and/or land development activities.
   3. 3.
      All Florida Department of Transportation (FDOT) funded construction is exempt from this section. All FDOT funded or conducted construction activities shall meet the requirements as required by Florida Department of Environmental Protection regulation.
   4. 4.
      All other land disturbing construction and land development activities exempt from local permitting authority are exempt from this section. Land disturbing construction and land development activities performed by the city within city right-of-way or on city property are exempt from this section.
   5. 5.
      The demolition of existing buildings within the downtown master plan area shall follow the regulations established in subsection 94-102(1) of this Code.
   6. 6.
      Where this section and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
3. c.
   Administration .

   1. 1.
      A stormwater pollution prevention plan (SWPPP) pursuant to the city's stormwater management program shall be submitted along with the application for a building permit or demolition permit for any land disturbing construction activities or land development activities. It shall be unlawful to perform, or for the property owner of any construction site to allow to be performed, any construction activity prior to: (i) the issuance of a building permit, a demolition permit or a public right-of-way permit; and (ii) the city's approval of the SWPPP.
   2. 2.
      The SWPPP shall be subject to the review and approval of the engineering services director. Such review shall be conducted to ensure that the land disturbing construction or land development activities will be conducted in compliance with the Environmental Protection Agency (EPA) federal guidelines. The engineering services director will respond and notify if any changes are required to the SWPPP. The SWPPP shall be monitored relating to the field conditions and if the measures are not effective, the SWPPP shall be revised.
   3. 3.
      A SWPPP may be modified or amended upon the written approval of the engineering services director.
   4. 4.
      Unless otherwise provide in this section, the development services director may, after two prior written warnings, revoke any demolition or building permit granted in accordance with this section for violation(s) of this section or any construction site maintenance regulations.
4. d.
   Maintenance .

   1. 1.
      Job site. Contractors, subcontractors and persons holding permits to perform land disturbing construction or land development activities, and the landowners of construction sites shall cause the construction site to be maintained in a neat and orderly condition that is free from any debris, garbage, junk, used or discarded construction materials, trash or any other foreign substance produced as a result of the land disturbing construction or land development activities, other than debris, garbage, junk, trash or other foreign substance deposited into and contained within a trash receptacle or trash dumpster.

      1. a.
         In all instances where a building permit has not been issued within three months of the completion or abandonment of land disturbing construction activities, the job site shall, within 30 days after the expiration of such three-month period, be brought to grade, tilled, planted and maintained with ground cover to include sodding or seeding which shall have irrigation. Any temporary construction fence shall also be removed. The development services director may grant, in writing, an extension to the time frame for the issuance of a building permit, under this paragraph, when the property owner has demonstrated a good faith effort in pursuing the building permit but that circumstances beyond the control of the contractor and/or permittee have occurred.
      2. b.
         All construction waste and debris from new construction or major alteration or repair shall be kept in an enclosed container to minimize debris from littering adjacent properties and public rights-of-way. The permittee, contractor or property owner shall cause such waste or debris to be removed weekly in accordance with section 74-2 of this Code.
      3. c.
         All mud or debris shall be continually removed from the public sidewalks and streets.
      4. d.
         All weeds and grass shall be maintained in accordance with subsection 74-2(c) and section 94-446 of this Code.
      5. e.
         Contractors, subcontractors, persons holding permits to perform land disturbing construction and land development activities and the landowners of construction sites shall, at the direction of the engineering services director, either repair, or reimburse the city for its costs incurred to repair, any damage to any public right-of-way that is caused by any construction vehicle involved in the land disturbing construction activities or land development activities.
      6. f.
         In the event that the demolition permit or building permit expires, all materials and equipment related to the land disturbing construction or land development activities shall be removed from the job site within ten days of the permit expiration date. The job site shall, within 30 days thereafter, be brought to grade, be tilled and planted with ground cover to include sodding or seeding which shall have irrigation. Said ground cover shall be maintained in accordance with subsections 74-2(c) and section 94-446 of this Code.
   2. 2.
      Temporary construction fences. No temporary construction fence may be erected until a site plan depicting the materials, location and access gates has been approved as part of the fence permit issuance.

      1. a.
         Temporary construction fences may not be erected until a demolition permit or building permit for the land disturbing construction or land development activities has been issued, and no more than ten days prior to the commencement of land disturbing construction or land development activities. If land disturbing construction or land development activities do not commence within ten days of fence installation, then, within 15 days of the ten-day period, the fence shall be removed and the site shall be tilled and planted with ground cover to include sodding or seeding which shall have irrigation and shall be maintained in accordance with sections 74-2 and 94-446 of this Code.
      2. b.
         In the event that the demolition permit or building permit expires, all temporary construction fences shall be removed within ten days of the permit expiration date, and within 15 days of removal of the fences, the site shall be brought to grade, tilled and planted with ground cover to include sodding or seeding which shall have irrigation and shall be maintained in accordance with section 74-2 and 94-446 of this Code.
      3. c.
         Temporary construction fences shall comply with the following requirements:

         1. 1.
            Temporary construction fences shall be installed in accordance with the Florida Building Code and Occupational Safety and Health Administration (OSHA) standards. Temporary construction fences installed pursuant to this section shall be subject to the visibility at intersections requirements of subsection 94-305(e) of this Code.
         2. 2.
            All temporary construction fencing shall be maintained in a satisfactory manner by the permittee or landowner, during the entire period of the land disturbing construction and land development activities, to ensure adequate performance, to prevent nuisance conditions and to maintain the public health, safety and welfare.
         3. 3.
            Gates shall be chained and locked with a lock substantial enough to ensure closure and security when workers are not on the job site.
         4. 4.
            No temporary construction fence may encroach beyond the subject property line. No fence may encroach upon the public right-of-way without obtaining the appropriate public right-of-way permit(s).
         5. 5.
            Screening details shall be submitted with the temporary construction fence permit application. Wind screening shall be substantial enough to avoid rips or tears due to wind or sun, and shall have no less than 85 percent opacity. Screening shall be maintained in good condition at all times. Screening graphics shall be approved with a permit pursuant to the provisions of Chapter 94, ARTICLE XIII, sign regulations, of the zoning and land development regulations of this Code.
         6. 6.
            All wind screening materials shall be removed upon the issuance of a hurricane warning for an area including the city. Screening materials shall be reinstalled not more than ten days after the hurricane threat has ended.
         7. 7.
            The development services director may grant the use of a temporary movable construction fence as part of a phased construction or phased demolition permit. Within ten days of the completion of the phase of construction or demolition, the temporary movable fence shall be removed, and may be replaced by another temporary construction fence meeting the provisions of this section.
      4. d.
         The development services director may grant, in writing, a restriction or extension to the time frames for the erection or removal of temporary construction fences when necessary to maintain the public health, safety and welfare.
   3. 3.
      Erosion control measures .

      1. a.
         Applicability. Erosion control measures are required for the following sites of land disturbing construction or land development activities:

         1. 1.
            Sites requiring a filing of plat, involving the construction of or additions to houses, duplexes, condominiums, townhouses, apartments or construction of or additions to commercial, industrial, or institutional buildings.
         2. 2.
            Sites on existing lots of record involving the construction of or additions to houses, duplexes, condominiums, townhouses, apartments or the construction of or additions to commercial, industrial, or institutional buildings.
         3. 3.
            Sites involving grading, removing of protective ground cover or vegetation, excavating, land-filling or other land disturbing activities affecting a surface area of 4,500 square feet or more.
         4. 4.
            Sites involving excavating or land-filling or a combination of excavating and filling affecting 400 cubic yards or more of dirt, sand or other excavation or fill material.
         5. 5.
            Sites involving street, highway, road or bridge construction, enlargement, relocation or reconstruction excluding FDOT construction exempted by subsection 94-316(b)(3).
         6. 6.
            Those sites involving the laying, repairing, replacing or enlarging of an underground pipe, utility main or similar facility for a distance of 300 feet or more.
      2. b.
         All sites for which erosion control measures are required, described in subsection (a) immediately above, shall comply with the city's stormwater management program and shall submit a stormwater pollution prevention plan (SWPPP) for approval by city.
      3. c.
         The approved stormwater pollution prevention plan (SWPPP) shall be maintained by the permittee or landowner during the entire period of the land disturbing construction or land development activities on the site in a manner satisfactory to ensure adequate performance in accordance with the SWPPP and to prevent nuisance conditions. All erosion control measures installed in accordance with the SWPPP shall be removed by the permittee or landowner upon completion of all land development or land disturbing construction activities.
      4. d.
         In the event that a building permit or demolition permit expires, within 30 days of the permit expiration date, the site shall be brought to grade, tilled and planted with ground cover to include sodding or seeding which shall have irrigation and shall be maintained in accordance with subsections 74-2(c) and subsection 94-446 of this Code, and upon completion, all measures installed as part of the SWPPP shall be immediately removed.
   4. 4.
      Waiver of erosion control requirements .

      1. a.
         The engineering services director shall have the authority, on a case-by-case basis, to grant a written waiver of any requirements of the stormwater management program or requirement for an SWPPP for small sites, for land disturbing construction or land development activities covering less than one acre, or individual single-family home sites in a previously platted subdivision or land division.
      2. b.
         Any waiver of the stormwater management program requirements or for an SWPPP does not invalidate any other requirements set forth in this section.
5. e.
   Erosion control and land stabilization bonds or deposits .

   1. 1.
      Erosion control. Contractors, subcontractors and persons applying for a demolition and/or building permit to perform land disturbing construction or land development activities shall post an erosion control bond or deposit for the erosion control measures approved by the stormwater pollution prevention plan (SWPPP), in an amount established by resolution and satisfactory to the city to fully cover the costs associated with compliance with the SWPPP and other necessary erosion control of the site, should the permit expire. An erosion control bond shall not be required for the construction of single-family dwellings, duplexes, accessory apartments, or additions or renovations to an existing single-family dwelling, existing duplex, or existing accessory apartment.
   2. 2.
      Land stabilization. Contractors, subcontractors and persons applying for a demolition and/or building permit to perform land disturbing construction or land development activities shall, in addition to the erosion control bond, post a land stabilization bond or deposit, in an amount established by resolution and satisfactory to the city, to cover the costs associated with land stabilization of the site, should the permit expire. A land stabilization bond shall not be required for the construction of single-family dwellings, duplexes, accessory apartments, or additions or renovations to an existing single-family dwelling, existing duplex, or existing accessory apartment.
   3. 3.
      The erosion control and land stabilization bonds or deposits may be combined and posted together, combined with other performance bonds posted in favor of the city (other than the public construction bond posted by city contractors for city projects), or posted separately. The erosion control or land stabilization bonds or deposits shall be posted for the entire permitted site or project.
   4. 4.
      Only the following types of bonds or deposits will be accepted: (i) bond issued by a surety company authorized to do business in Florida, (ii) deposit of a cashier check or bank draft of any national bank or state bank, (iii) deposit of a certified check drawn on a financial institution acceptable to the city, as determined by the finance department, (iv) letter of credit drawn on a financial institution acceptable to the city, as determined by the finance department, or (v) deposit of a U.S. postal money order.
   5. 5.
      Upon commencement of construction, payment in full of all applicable fees, and compliance with all terms and conditions of any posted bond, the contractor, subcontractor or permit applicant who posted the bond or bonds or deposit may request release of same. The city shall provide the permittee with an approval to release bonds/deposits and the city shall issue a check in the amount of any unused deposit or a release of any bond and release of any other security given for the erosion control and/or land stabilization requirements.
   6. 6.
      This section shall not apply to any federal government entity and shall not apply to any state, regional, county, local or municipal government entity of this state; or any public school, community college or state university.
6. f.
   Enforcement; appeals .

   1. 1.
      The development services director and engineering services director are authorized to inspect construction sites for compliance with the requirements of this section.
   2. 2.
      Stop-work orders. The development services director may post a stop-work order for a building permit if any land disturbing construction activities or land development activities regulated under this section are being undertaken in violation of this section. The engineering services director may post a stop-work order if any land disturbing construction activities or land development activities regulated under this section are being undertaken for violations of this section occurring in the right-of-way or related to the SWPPP and erosion control measures.
   3. 3.
      Stop-work order retraction. The development services director or engineering services director who issued a stop-work order may retract that stop-work order once the violation of this section is cured.
   4. 4.
      Notice of intent. Not less than ten days after the posting a stop-work order as provided above, the engineering services director may issue a written notice to the permittee or property owner of the city's intent to perform work necessary to cure existing violations and comply with this section. Said notice shall be sent certified and regular mail. If, after 14 days from issuance of the notice of intent, the site is not in compliance with the requirements of this section, the city may enter the site and commence all work necessary to comply with this section. The city's costs for the work performed by the city shall be subtracted from the deposit or bond posted with the city and any additional costs shall be billed to the permittee or the landowner. In the event a permittee or property owner fails to pay the amount due to fully reimburse the city, the city shall file a lien against the property for all unreimbursed costs, plus interest and administrative expenses, and may take all available actions to collect the sums due.
   5. 5.
      Compliance with the provisions of this section may also be enforced in accordance with F.S. Ch. 162, or by injunction, uniform citation procedure, code enforcement procedure, fine, lien forfeiture or any other appropriate and available remedy.
   6. 6.
      Decisions of the development services director may be appealed to the construction board of adjustment and appeals. Decisions of the engineering services director regarding erosion control measures or SWPPP may be appealed to the stormwater utility board.

(Ord. No. 4689-16, §§ 9, 15, 4-11-2017)

Note— Formerly § 94-450.

Footnotes:

--- (5) ---

Editor's note— Ord. No. 4549-15, § 2, adopted June 8, 2015, amended Art. X, Div. 2, in its entirety to read as herein set out. Former Art. X, Div. 2, §§ 94-324—94-338, pertained to similar subject matter, and derived from Ord. No. 4450-13, § 5, adopted Apr. 1, 2013; and Ord. No. 4511-14, § 1, adopted Apr. 28, 2014. Ord. No. 4549-15 supplied provisions to be added to this Code as §§ 94-330—94-349. In order to maintain the existing numbering system, at the discretion of the editor, these provisions have been redesignated as §§ 94-320—94-339 to read as set out herein.

1. a.
   Purpose. The purpose of this article is to establish general guidelines for the siting (not in public rights-of-way) of towers and other structures used for wireless communications and broadcast facilities including the antenna, ground equipment, and accessory structures related to wireless communications infrastructure, and to promote the health, safety, and general welfare of the public from:

   1. 1.
      Potential injury to citizens and damage to property from falling towers;
   2. 2.
      Potential injury to people while playing around towers and their appurtenant compounds;
   3. 3.
      Potential injury and damage to low-flying law enforcement and medical helicopters and public and private aircraft;
   4. 4.
      Potential aesthetic harm to residential communities;
   5. 5.
      Potential incompatibility with historic districts; and
   6. 6.
      Potential negative economic impacts on the heritage and scenic tourist industry.
2. b.
   Jurisdiction. These regulations shall govern the establishment and maintenance of wireless communications facilities not within the public rights-of-way. Provisions of this [DIVISION 2] shall apply uniformly to all areas within the jurisdiction of the city.
3. c.
   Exempt facilities. The following items are exempt from the provisions of this division; however compliance with other applicable regulations in this Code and all applicable building permits and other permits required by the code will be required:

   1. 1.
      Any amateur radio tower less than 50 feet in height and located at the rear of the property, not located in an historic district, or less than 25 feet in height and located at the rear of the property located in a historic district.
   2. 2.
      Satellite earth stations that are one meter (39.37 inches) or less in diameter in all non-historic residential districts and two meters or less in all other non-historic zoning districts.
   3. 3.
      A government-owned wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the city designee; except that such facility must comply with all federal and state requirements. No wireless communications facility shall be exempt from the provisions of this division beyond the duration of the state of emergency.
   4. 4.
      A government-owned wireless communications facility erected for the purposes of installing antenna(s) and ancillary equipment necessary to provide communications for public health and safety.
   5. 5.
      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 and approved by the city; except that such facility must comply with all federal and state requirements. The wireless communications facility may be exempt from the provisions of this division up to three months after the duration of the state of emergency.
   6. 6.
      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 approval by the city, 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.
4. d.
   Applicability. These regulations shall apply to installation, construction, or modification of all wireless communications facilities not exempt under subsection (c) above, including but not limited to:

   1. 1.
      Non-exempt amateur radio station antennas and structures more than 25 feet in height within an historic district; and those 50 feet or higher in non-historic districts, consistent with the requirements of F.S. § 166.0435.
   2. 2.
      Non-exempt satellite earth stations.
   3. 3.
      Existing antenna support structures.
   4. 4.
      Proposed antenna support structures.
   5. 5.
      Public antenna support structures.
   6. 6.
      Replacement of existing antenna support structures.
   7. 7.
      Mitigation of antenna support structures.
   8. 8.
      Collocation on existing antenna support structures.
   9. 9.
      Attached wireless communications facilities.
   10. 10.
       Concealed wireless communications facilities.
   11. 11.
       Broadcast facilities.

(Ord. No. 4549-15, § 2(94-330), 6-8-2015)

1. a.
   Definitions. To the extent that the following definitions conflict with any definition contained in section 94-611, the following definitions shall control:

1. a.
   Siting alternatives order. The preferred siting of a wireless communication facility within the city will be in accordance with the following siting alternatives order:

   1. 1.
      a. Concealed attached antenna on public right-of-way/property.

      2. b.
         Collocated or combined on existing tower on public right-of-way property.
   2. 2.
      a. Concealed attached antenna on private property.

      2. b.
         Collocated or combined on existing tower on private property.
   3. 3.
      Non-concealed attached antenna.

      1. a.
         On public right-of-way/property.
      2. b.
         On private property.
   4. 4.
      Mitigation of existing tower.

      1. a.
         On public right-of-way/property.
      2. b.
         On private property.
   5. 5.
      Concealed freestanding tower.

      1. a.
         On public right-of-way/property.
      2. b.
         On private property.
   6. 6.
      Non-concealed freestanding tower.

      1. a.
         On public right-of-way/property.
      2. b.
         On private property.

For attached, collocated, or combined antenna: The order of ranking preference, highest to lowest, is: (1)a., (2)a., (1)b., (2)b., (3)a., (3)b. Where a lower ranked alternative is proposed, the applicant must file relevant justification, including, but not limited to, an affidavit by a licensed engineer with documented expertise in radio frequency propagation, demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher ranked options are not technically feasible, practical or justified given the location of the proposed wireless communications facility.

For mitigated or freestanding tower: The order of ranking preference from highest to lowest is: (4)a., (4)b., (5)a., (5)b., (6)a., (6)b. Where a lower ranked alternative is proposed, the applicant must demonstrate higher ranked options are not technically feasible, practical, or justified given the location of the proposed wireless communications facility, and the existing land uses of the subject and surrounding properties within 300 feet of the proposed tower.

Facilities to be located in the public right-of-way. Facilities in the public right-of-way shall be governed by chapter 78, article XI, division 2 of this Code.

(Ord. No. 4549-15, § 2(94-332), 6-8-2015)

1. a.
   The placement or maintenance of new wireless communication facilities shall be permitted within the zoning districts only in accordance with the wireless communication permit indicated in the following table, and shall be subject to compliance with the land development requirements and permit or registration requirements of this Code. The placement or maintenance of wireless communication facilities in the public rights-of-way shall comply with the regulations in chapter 78 of this Code.

   	ZONING DISTRICTS
   	SF3 SF5 SF7 SF11 SF14	SF7-C4 SF14-C2 SF14-C3 SF14-C5	MF14 MF20 MF32	MF14-C1 MF14-C2 MF20-C1 MF32-C1	CC2	DMP RES. SUB- DIST.	DMP NON- RES. SUB- DIST.	CM OC NC GC POR	IL I ROS CS UT W PC PD	NMUD CMUD BMUD
   AMATEUR RADIO TOWER 25-50 FEET IN HISTORIC DISTRICT;   SATELILITE EARTH STATION <1 METER IN DIAMETER IN HISTORIC DISTRICT		I		I
   AMATEUR RADIO TOWER > 50 FEET   SATELLITE EARTH STATION >1 METER DIAMETER	I	III	I	III	I	I	I	I	I	I
   ANTENNA ELEMENT REPLACEMENT	I	I	I	I	I	I	I	I	I	I
   FACILITIES TO BE LOCATED ON WPB MASTER PLAN DESIGNATED SITES	II	II	II	II	II	II	II	II	II	II
   CONCEALED ATTACHED ANTENNA	IV**	IV*	II	II	II	II	II	II	II	II
   COLLATED OR COMBINING ON EXISTING TOWER			II	II	II	II	II	II	II	II
   NON-CONCEALED ATTACHED ANTENNA*	II	II	II	II	II	II	II	II	II	II
   MITIGATION OF EXISTING TOWER								II	II	II^
   CONCEALED FREESTANDING TOWER   SATELLITE EARTH STATION >1 METER DIAMETER								III	III
   NON-CONCEALED FREESTANDING TOWER									IV
   BROADCAST TOWER									IV
   NOTES:
   *Non-concealed attached antennas are only allowed on high voltage electric power transmission towers and light stanchions not located in public rights-of-way except for DAS facilities.   **Concealed attached antennas are only allowed on non-residential parcels in SF districts and are expressly prohibited on a parcel used for residential purposes.   ^Level II provided the mitigated facility does not increase the existing height. If there is a height increase, level III or IV permit shall be required.

   	ZONING DISTRICTS
   	SF3 SF5 SF7 SF11 SF14	SF7-C4 SF14-C2 SF14-C3 SF14-C5	MF14 MF20 MF32	MF14-C1 MF14-C2 MF20-C1 MF32-C1	CC2	DMP RES. SUB- DIST.	DMP NON- RES. SUB- DIST.	CM OC NC GC POR	IL I ROS CS UT W PC PD	NMUD CMUD BMUD
   AMATEUR RADIO TOWER 25-50 FEET IN HISTORIC DISTRICT;   SATELILITE EARTH STATION <1 METER IN DIAMETER IN HISTORIC DISTRICT		I		I
   AMATEUR RADIO TOWER > 50 FEET   SATELLITE EARTH STATION >1 METER DIAMETER	I	III	I	III	I	I	I	I	I	I
   ANTENNA ELEMENT REPLACEMENT	I	I	I	I	I	I	I	I	I	I
   FACILITIES TO BE LOCATED ON WPB MASTER PLAN DESIGNATED SITES	II	II	II	II	II	II	II	II	II	II
   CONCEALED ATTACHED ANTENNA	IV**	IV*	II	II	II	II	II	II	II	II
   COLLATED OR COMBINING ON EXISTING TOWER			II	II	II	II	II	II	II	II
   NON-CONCEALED ATTACHED ANTENNA*	II	II	II	II	II	II	II	II	II	II
   MITIGATION OF EXISTING TOWER								II	II	II^
   CONCEALED FREESTANDING TOWER   SATELLITE EARTH STATION >1 METER DIAMETER								III	III
   NON-CONCEALED FREESTANDING TOWER									IV
   BROADCAST TOWER									IV
   NOTES:
   *Non-concealed attached antennas are only allowed on high voltage electric power transmission towers and light stanchions not located in public rights-of-way except for DAS facilities.   **Concealed attached antennas are only allowed on non-residential parcels in SF districts and are expressly prohibited on a parcel used for residential purposes.   ^Level II provided the mitigated facility does not increase the existing height. If there is a height increase, level III or IV permit shall be required.

   	ZONING DISTRICTS
   	SF3 SF5 SF7 SF11 SF14	SF7-C4 SF14-C2 SF14-C3 SF14-C5	MF14 MF20 MF32	MF14-C1 MF14-C2 MF20-C1 MF32-C1	CC2	DMP RES. SUB- DIST.	DMP NON- RES. SUB- DIST.	CM OC NC GC POR	IL I ROS CS UT W PC PD	NMUD CMUD BMUD
   AMATEUR RADIO TOWER 25-50 FEET IN HISTORIC DISTRICT;   SATELILITE EARTH STATION <1 METER IN DIAMETER IN HISTORIC DISTRICT		I		I
   AMATEUR RADIO TOWER > 50 FEET   SATELLITE EARTH STATION >1 METER DIAMETER	I	III	I	III	I	I	I	I	I	I
   ANTENNA ELEMENT REPLACEMENT	I	I	I	I	I	I	I	I	I	I
   FACILITIES TO BE LOCATED ON WPB MASTER PLAN DESIGNATED SITES	II	II	II	II	II	II	II	II	II	II
   CONCEALED ATTACHED ANTENNA	IV**	IV*	II	II	II	II	II	II	II	II
   COLLATED OR COMBINING ON EXISTING TOWER			II	II	II	II	II	II	II	II
   NON-CONCEALED ATTACHED ANTENNA*	II	II	II	II	II	II	II	II	II	II
   MITIGATION OF EXISTING TOWER								II	II	II^
   CONCEALED FREESTANDING TOWER   SATELLITE EARTH STATION >1 METER DIAMETER								III	III
   NON-CONCEALED FREESTANDING TOWER									IV
   BROADCAST TOWER									IV
   NOTES:
   *Non-concealed attached antennas are only allowed on high voltage electric power transmission towers and light stanchions not located in public rights-of-way except for DAS facilities.   **Concealed attached antennas are only allowed on non-residential parcels in SF districts and are expressly prohibited on a parcel used for residential purposes.   ^Level II provided the mitigated facility does not increase the existing height. If there is a height increase, level III or IV permit shall be required.

   	ZONING DISTRICTS
   	SF3 SF5 SF7 SF11 SF14	SF7-C4 SF14-C2 SF14-C3 SF14-C5	MF14 MF20 MF32	MF14-C1 MF14-C2 MF20-C1 MF32-C1	CC2	DMP RES. SUB- DIST.	DMP NON- RES. SUB- DIST.	CM OC NC GC POR	IL I ROS CS UT W PC PD	NMUD CMUD BMUD
   AMATEUR RADIO TOWER 25-50 FEET IN HISTORIC DISTRICT;   SATELILITE EARTH STATION <1 METER IN DIAMETER IN HISTORIC DISTRICT		I		I
   AMATEUR RADIO TOWER > 50 FEET   SATELLITE EARTH STATION >1 METER DIAMETER	I	III	I	III	I	I	I	I	I	I
   ANTENNA ELEMENT REPLACEMENT	I	I	I	I	I	I	I	I	I	I
   FACILITIES TO BE LOCATED ON WPB MASTER PLAN DESIGNATED SITES	II	II	II	II	II	II	II	II	II	II
   CONCEALED ATTACHED ANTENNA	IV**	IV*	II	II	II	II	II	II	II	II
   COLLATED OR COMBINING ON EXISTING TOWER			II	II	II	II	II	II	II	II
   NON-CONCEALED ATTACHED ANTENNA*	II	II	II	II	II	II	II	II	II	II
   MITIGATION OF EXISTING TOWER								II	II	II^
   CONCEALED FREESTANDING TOWER   SATELLITE EARTH STATION >1 METER DIAMETER								III	III
   NON-CONCEALED FREESTANDING TOWER									IV
   BROADCAST TOWER									IV
   NOTES:
   *Non-concealed attached antennas are only allowed on high voltage electric power transmission towers and light stanchions not located in public rights-of-way except for DAS facilities.   **Concealed attached antennas are only allowed on non-residential parcels in SF districts and are expressly prohibited on a parcel used for residential purposes.   ^Level II provided the mitigated facility does not increase the existing height. If there is a height increase, level III or IV permit shall be required.

2. b.
   Wireless communication permits.

   1. 1.
      Level I wireless communication permit. The wireless communication permit issued by the planning division to an individual, corporation, partnership,or other entity to engage in the creation of an amateur radio tower which exceeds twenty five feet in a historic district and fifty feet in non-historic districts in accordance with the provisions of F.S. § 166.0435, or a satellite earth station in excess of one meter in diameter, (or less than one meter in diameter if located in an historic district), or antenna element replacements. For installation within a local or national register historic district or designated site, a certificate of appropriateness is also required pursuant to section 94-49.
   2. 2.
      Level II wireless communication permit. The wireless communication permit issued by the planning division to an individual, corporation, partnership, or other entity to engage in: (i) concealed attached antennas, (ii) non-concealed attached antennas on existing transmission towers and light stanchions (iii) collocation or combining on existing tower or facilities to be located on sites contained in the master plan, and excluding amateur radio towers, in accordance with the provisions of F.S. § 365.172(12); (iv) for DAS facilities outside of a public right-of-way (including a DAS Hub); (v) mitigation of existing tower; and (vi) for new concealed attached facilities. For installation within a local or national register historic district or designated site, a certificate of appropriateness is required pursuant to section 94-49.
   3. 3.
      Level III wireless communication permit. The Class B special use permit (Sb) issued by the planning division after review and approval by the zoning board of appeals (ZBA), or by the historic preservation board for property within an historic district, to an individual, corporation, partnership, or other entity to engage in the creation of new concealed towers, excluding amateur radio towers. For installation within a local or national register historic district or designated site, a certificate of appropriateness is also required pursuant to section 94-49.
   4. 4.
      Level IV wireless communication permit. The Class A special use permit (Sa) issued by the planning division after review by the planning board and approval by the city commission, to an individual, corporation, partnership, or other entity to engage in the mitigation of existing tower facilities, creation of new broadcast facilities, non-concealed towers or non-concealed attached facilities, excluding amateur radio towers, and certain concealed attached antennas in certain zoning districts.

(Ord. No. 4549-15, § 2(94-333), 6-8-2015; Ord. No. 4650-16, § 7(Exh. G), 8-29-2016; Ord. No. 4660-16, § 9, 12-5-2016)

1. a.
   Amateur radio towers. The requirements in this section regarding amateur radio towers are based on health, safety, and aesthetic considerations and has been crafted to accommodate reasonable amateur communications, and to represent the minimum practicable regulation to accomplish the city's legitimate purposes.

   1. 1.
      License. Applicant shall provide a copy of a valid FCC amateur operator's license as required by 47 C.F.R. § 97.5.
   2. 2.
      Building permit. An amateur radio tower shall not be erected until a valid building permit has been obtained from the city.
   3. 3.
      Height. Tower height and location shall comply with applicable federal and state law regarding amateur radio towers, including the requirements of F.S. § 166.0435, and Amateur Radio Preemption, 101 FCC2d 952 (1985) ("PRB-1"). Any height request from an amateur tower applicant in excess of 50 feet in non-historic districts and 25 feet in historic districts shall require a variance pursuant to section 94-339 of this Code. The applicant shall present technical evidence to demonstrate that the antenna structure is the minimum practical height necessary to allow function at all amateur frequency bands.
   4. 4.
      Minimum setback requirements.

      1. a.
         Free standing tower. A distance equal to the height of the tower shall separate new amateur radio towers from property lines, right-of-way lines and/or easements.
      2. b.
         Tower or antenna support structure bracketed to main structure. A distance equal to the measurement from the top bracket to the top of the highest antenna shall separate the tower/antenna support from property lines, right-of-way lines and/or easements.
      3. c.
         Any relocation of an amateur radio tower on the same parcel must comply with current setback requirements. A variance may be obtained if the relocation does not increase the amount by which setbacks are nonconforming, other than increases necessitated solely by changes in size of the base to support the new tower.
   5. 5.
      Location. Behind the principal structure and located, to the extent practical, to limit sight from the public rights-of-way, without interfering with communications and operability. If free standing, tower or antenna shall be located toward the rear of the property.
   6. 6.
      Antenna element. Antennas shall be mounted so as to provide for removal at the approach of hurricanes.

      1. a.
         The addition of antenna elements or the replacement of existing antenna elements shall be permitted provided that the new or replacement does not increase the height or wind loading of the subject facility as evidenced by a sealed statement from a structural engineer licensed by the state of Florida.
   7. 7.
      Variance. Amateur tower applicants that do not meet the requirements set forth in this section may seek a variance or waiver, as applicable, pursuant to the procedures in section 94-339 and shall provide information to the city as to the technical basis for the applicant's request.

(Ord. No. 4549-15, § 2(94-334), 6-8-2015)

1. a.
   Concealed attached antenna.

   1. 1.
      The top of the attached antenna shall not be more than 20 feet above the existing or proposed building or structure, excluding elevator shafts, appurtenances or other vertical spires or extensions.
   2. 2.
      When an attached antenna is to be located on a legal nonconforming building or structure, then the existing permitted nonconforming setback and height shall prevail.
   3. 3.
      Feed lines and antennas shall be designed to architecturally match the Façade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color, and texture.
   4. 4.
      Equipment cabinets shall be located within the existing building or behind an opaque enclosure matching the architectural designs and colors of the principal building or structure.
   5. 5.
      New equipment cabinets are subject to the setback requirements of the underlying zoning district.
2. b.
   Collocated or combining on existing tower.

   1. 1.
      A collocated or combined antenna or antenna array shall not exceed the maximum height prescribed in the special use permit (if applicable) or as approved on the applicable site plan if originally constructed without a special use permit, and shall not affect any tower lighting.
   2. 2.
      New antenna mounts shall be flush-mounted onto existing structures, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.
   3. 3.
      Existing and new equipment cabinets shall be subject to the setbacks of the underlying zoning district. If the collocation or combined antenna is located on a legal nonconforming building or structure, then the existing permitted nonconforming setback shall prevail.
   4. 4.
      At the time of installation, all applicable buffer and screening requirements shall be brought into compliance.
   5. 5.
      Equipment cabinets shall be located within the existing equipment compound. If the existing equipment compound is not sized adequately to accommodate the new proposed ground equipment, then a revised site plan shall be submitted addressing the overall ground space for the proposed equipment.
   6. 6.
      Applications entitled to the streamlined processes described in F.S. § 365.172(12) shall meet all the following requirements:

      1. i.
         The additional antenna array, transmission lines, and related ancillary equipment including the base station shall not exceed the number of same items previously approved for such tower when originally approved, and the collocated facility is in complete conformance with the original conditions imposed on the tower upon which it is being attached.
      2. ii.
         The proposed collocation shall not increase the overall height and width of the tower or telecommunications support structure to which the proposed infrastructure is to be attached.
      3. iii.
         The collocation shall not increase the ground space area approved in the antenna support facility site plan for equipment enclosures and ancillary facilities.
      4. iv.
         The existing tower on which the collocation will attach shall comply with applicable regulations, restrictions, or conditions, if any, applied to the initial telecommunications facilities placed on the tower.
      5. v.
         The proposed additional collocation and tower shall comply with all federal, state and local safety requirements.
      6. vi.
         The proposed collocation and ancillary equipment shall not exceed the applicable structural capacity limits for the tower, as evidenced by a sealed statement from a structural engineer licensed in the State of Florida.
   7. 7.
      Applications for collocation entitled to streamlined processes pursuant to Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 shall be approved provided they meet the following requirements, as applicable:

      1. i.
         A collocation on an existing antenna-supporting structure not in a public right-of-way shall not increase the overall height of the antenna-supporting structure, antenna and/or antenna array more than ten percent or 20 feet, whichever is greater. A collocation on an existing antenna-supporting structure within a public right-of-way shall not increase the overall height of the antenna-supporting structure, antenna and/or antenna array more than ten percent or ten feet, whichever is greater.
      2. ii.
         A collocation eligible under this subsection (7) shall not, for towers not in a public right-of-way, protrude from the antenna-supporting structure more than 20 feet or the width of the structure at the elevation of the collocation, and for towers within a public right-of-way, protrude from the antenna-supporting structure more than six feet.
      3. iii.
         Any collocation on an existing antenna-supporting structure shall meet current building code requirements (including wind loading).
      4. iv.
         A collocation shall not add more than four additional equipment cabinets or one additional equipment shelter to be eligible as a collocation under this subsection (7).
      5. v.
         A collocation eligible under this subsection (7) shall not require excavation outside of existing leased or owned parcel or existing easements.
      6. vi.
         A collocation eligible under this subsection (7) shall not defeat any existing concealment elements of the antenna-supporting structure.
3. c.
   Non-concealed attached antenna. Non-concealed attachments shall only be allowed on electrical transmission towers and existing light stanchions subject to approval by the planning division and the utility company or owner of said tower or stanchions. The attachments must be contained within canisters.
4. d.
   Mitigation of existing tower. Mitigation shall accomplish a minimum of one of the following: i) reduce the total number of towers within the city; or ii) reduce the total number of nonconforming towers within the city; or iii) replace an existing tower with a new tower on the same property to improve network functionality resulting in compliance with this ordinance. Mitigation is subject to the following:

   1. 1.
      No tower shall be mitigated more than one time.
   2. 2.
      Height. The height of a tower approved for mitigation shall not exceed 115 percent of the height of the tallest tower that is being mitigated. (For example a 100-foot existing tower could be rebuilt at 115 feet.)
   3. 3.
      Setbacks. Attempts shall be made to meet the setback requirement for the new tower on the same property to the maximum degree possible. At a minimum, the new tower and its equipment compound shall be no closer to any property lines, neighboring structures or adjacent dwelling units as the tower and equipment compound being mitigated.
   4. 4.
      Breakpoint technology. A newly mitigated monopole or lattice tower shall use breakpoint technology in the design of the replacement facility.
   5. 5.
      Buffers. At the time of mitigation, the tower equipment compound shall be brought into compliance with any applicable buffer requirements.
   6. 6.
      Visibility. Mitigated antenna-supporting structures shall be configured and located in a manner that minimizes adverse effects on the lines of sight, landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent zoned lots.
   7. 7.
      Any replacement tower which meets the criteria set forth in this subsection (d) must obtain a level II wireless communications permit. Any replacement tower which does not meet the above criteria shall be considered a new tower subject to all provisions of this article. The existing tower, including tower base but excluding the tower foundation, must be removed within 90 days of the completion of the new tower.
5. e.
   DAS facilities not located in public right-of-way (including DAS hub).

   1. 1.
      Height. The height of a DAS facility not located in a public right-of-way shall not exceed the height of light poles or residential utility poles on surrounding lots.
   2. 2.
      Setbacks. A distance equal to the height of the DAS facility shall separate the DAS facility from property lines, right-of-way lines and/or easements.
   3. 3.
      Visibility.

      1. a.
         The placement of antennas on buildings and other structures is encouraged and preferred over the installation of towers or monopoles. Where feasible, co-location of facilities and minimum number of antennas shall be evaluated to determine whether and to the extent to which the proposed facility has been designed carefully.
      2. b.
         Where feasible, antennas can be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.
      3. c.
         Antenna-supporting structures shall be configured and located in a manner that minimizes adverse effects on the lines of sight, landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and surrounding lots. Concealment design is strongly encouraged and shall be utilized whenever possible in order to minimize the visual impact of wireless communications facilities.
   4. 4.
      Equipment cabinets. Equipment shelters or cabinets shall be consistent with the general character of the neighborhood and historic character if applicable. Equipment shelters or cabinets shall be screened from the public view by using landscaping, or otherwise concealed with materials and colors consistent with the surrounding backdrop, structures and local character.

      1. a.
         Screening enclosures shall be allowed when the design is architecturally compatible with the building.
      2. b.
         Screening materials shall consist of materials and colors consistent with the surrounding backdrop and/or textured to match the existing structure.
      3. c.
         The use of foliage and vegetation around ground equipment may be required based on conditions of the specific area where the ground equipment is to be located.
      4. d.
         Equipment cabinets may not be mounted on a freestanding DAS facility except at ground elevation, unless above-ground elevation is approved by the city commission as the best option to preserve aesthetics and local character.
   5. 5.
      All exposed cables, conduits, surface mounted wires on attached DAS facilities shall be concealed or painted to match the building. Freestanding DAS facilities not in a public right-of-way shall not have exposed cables, conduits or surface mounted wires.
   6. 6.
      Lighting of these facilities is not allowed.

(Ord. No. 4549-15, § 2(94-335), 6-8-2015)

All new concealed towers shall meet the following requirements:

1. a.
   Determination of need. No new concealed freestanding tower shall be permitted unless the applicant demonstrates that no existing tower or alternative structure within the applicant wireless provider's geographic search area can accommodate the applicant's proposed antenna elements; or that use of such existing facilities would prohibit personal wireless services in the geographic search area to be served by the proposed antenna support structure. Accordingly, the applicant shall provide:

   1. 1.
      A copy of the geographic search area of the wireless provider committed to locate on the tower and that is justifying the placement of the tower;
   2. 2.
      An inventory of all existing towers and all potential alternative structures that are at least 80 percent of the height of the proposed tower within that geographic search area; and
   3. 3.
      A written explanation documenting why an existing tower cannot reasonably be used, instead of building a new tower.
2. b.
   In residential districts, new towers shall only be permitted on lots whose principal use is not single-family residential including but not limited to: schools, churches, synagogues, fire stations, parks, and other government-owned property and/or facilities.
3. c.
   All towers up to 130 feet in height shall be engineered and constructed to accommodate no less than three antenna arrays.
4. d.
   Height.

   1. 1.
      Height calculations shall include above ground foundations, but exclude lightning rods or lights required by the FAA that do not provide any support for antennas.
   2. 2.
      New concealed towers shall be limited to 130 feet or less in height.
5. e.
   Setbacks. New freestanding towers and equipment compounds shall be subject to the setbacks described below for breakpoint technology:

   1. 1.
      If the antenna support structure has been constructed using breakpoint design technology, the minimum setback distance shall be equal to 110 percent of the distance from the top of the structure to the breakpoint level of the structure, or the minimum side and rear yard requirements, whichever is greater. For example, on a 100-foot tall monopole with a breakpoint at 80 feet and a side and back setback of 15 feet, the minimum setback distance would be 22 feet (110 percent of 20 feet, the distance from the top of the monopole to the breakpoint). However, if the side and back setback were 30 feet, then 30 feet would be the minimum setback distance in the above example. Certification by a registered professional engineer licensed by the State of Florida of the breakpoint design and the design's fall radius must be provided together with the other information required herein from an applicant.
   2. 2.
      If the antenna support structure has not been constructed using breakpoint design technology, the minimum setback distance shall be equal to 110 percent of the height of the proposed antenna support structure.
6. f.
   Visual impact analysis; photo simulation. The applicant must demonstrate that the proposed tower does not create a significant adverse visual aesthetic impact on the surrounding landscape, adjacent properties and existing line of sight. The application shall include a visual impact analysis, including simulated photographic evidence of the proposed tower and antenna appearance from any and all residential areas within 1,500 feet and other area vantage points approved by the planning division, including the facility types the applicant has considered. Such simulations shall demonstrate the potential visual impact on the area, including but not limited to:

   1. 1.
      Overall height.
   2. 2.
      Configuration.
   3. 3.
      Physical location.
   4. 4.
      Mass and scale.
   5. 5.
      Materials and color.
   6. 6.
      Illumination.
   7. 7.
      Architectural design.
7. g.
   New concealed freestanding towers shall be designed to match adjacent structures, landscapes and local character with specific design considerations such as architectural designs, height, scale, color, and texture.
8. h.
   Balloon test. A balloon test shall be required subsequent to the receipt of the photo simulations in order to demonstrate the proposed height of the tower.

   1. 1.
      The applicant shall arrange to raise a colored balloon, in sharp contrast with sky blue and no less than three feet in diameter, at the maximum height of the proposed tower and within 30 horizontal feet of the center of the proposed antenna support structure.
   2. 2.
      The applicant shall inform the city and abutting property owners in writing of the date and times of the test at least 14 days in advance. The date, time and location of the balloon test shall be advertised in a locally distributed paper in a display ad at least two inches in width by the applicant at least seven but no more than 14 days in advance of the test dates determined by city staff, as well as alternate dates in case of inclement weather. The balloon shall be flown for at least four consecutive hours during daylight hours on the dates chosen. The applicant shall record the weather during the balloon test. Re-advertisement will not be required if inclement weather occurs, provided the advertisement specifies the alternative date in the event of inclement weather.
9. i.
   Equipment compound. The equipment compound shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound, and the compound shall not be used as habitable space.
10. j.
    Fencing. All equipment compounds shall be enclosed with an opaque fence. Alternative equivalent screening may be approved through the site plan approval process described in section 94-35.
11. k.
    Equipment cabinets. Cabinets shall not be visible from pedestrian views. Cabinets may be provided within the principal building, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.
12. l.
    Buffers and landscaping.

    1. 1.
       In all allowable locations the equipment compound shall be landscaped and screened pursuant to section 94-434(b).
    2. 2.
       Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative siting on the entire subject property on which the proposed facility is projected may be considered and approved by the planning division, provided the proposed alternative maximizes screening as provided above, and is otherwise consistent with the requirements of this section.
13. m.
    Signage. Commercial messages shall not be displayed on any tower. Noncommercial signage shall be subject to the following:

    1. 1.
       The only signage that is permitted (and shall be required) upon an antenna support structure, equipment cabinets, or fence shall be informational, and for the purpose of identifying the antenna support structure (either by the ASR registration number or other identifying information), as well as the party responsible for the operation and maintenance of the facility; i.e. the address and telephone number, security or safety signs, and property manager signs (if applicable).
    2. 2.
       If more than 220 volts are necessary for the operation of the facility and is utilized within the equipment compound or in the antenna support structure, signs located every 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."
14. n.
    Lighting. Lighting on towers shall not exceed the FAA minimum standards. Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA. The lights shall be oriented so as not to project directly onto surrounding property, consistent with FAA requirements.
15. o.
    Grading. Grading shall be minimized and limited only to the area necessary for the new tower and equipment.
16. p.
    Sounds. No unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Sound levels shall not exceed 70db.
17. q.
    Generators. Emergency generators and their permitted fuel tanks shall be allowed at each tower site.
18. r.
    Parking. One parking space is required for each tower development area. The space shall be provided within the leased area, or equipment compound or the development area as defined on the site plan.

(Ord. No. 4549-15, § 2(94-336), 6-8-2015)

1. a.
   Determination of need. No new non-concealed towers shall be permitted unless the applicant demonstrates that no existing tower or alternative structure within the applicant wireless provider's geographic search area can accommodate the applicant's proposed antenna elements; or that use of such existing facilities would prohibit personal wireless services in the geographic search area to be served by the proposed antenna support structure. Accordingly, the applicant shall provide:

   1. 1.
      A copy of the geographic search area of the wireless provider committed to locate on the tower and that is justifying the placement of the tower;
   2. 2.
      An inventory of all existing towers and all potential alternative structures that are at least 80 percent of the height of the proposed tower within that geographic search area;
   3. 3.
      A written explanation documenting why an existing tower cannot reasonably be used, instead of building a new tower.
2. b.
   Height. All new non-broadcasting non-concealed towers shall be 130 feet or less in height.
3. c.
   All freestanding non-concealed towers up to 130 feet in height shall be engineered and constructed to accommodate no less than four antenna arrays.
4. d.
   Freestanding non-concealed towers shall be limited to monopole type antenna support structures, unless the applicant demonstrates that such design is not feasible to accommodate the intended uses.
5. e.
   Setbacks. New freestanding towers and equipment compounds shall be subject to the setbacks described below for breakpoint technology:

   1. 1.
      If the antenna support facility has been constructed using breakpoint design technology, the minimum setback distance shall be equal to 110 percent of the distance from the top of the structure to the breakpoint level of the structure, or the minimum side and rear yard requirements, whichever is greater. For example, on a 100-foot tall monopole with a breakpoint at 80 feet and a side and back setback of 15 feet, the minimum setback distance would be 22 feet (110 percent of 20 feet, the distance from the top of the monopole to the breakpoint). However, if the side and back setback were 30 feet, then 30 feet would be the minimum setback distance in the above example. Certification by a registered professional engineer licensed by the State of Florida of the breakpoint design and the design's fall radius must be provided together with the other information required herein from an applicant.
   2. 2.
      If the antenna support facility has not been constructed using breakpoint design technology, the minimum setback distance shall be equal to 110 percent of the height of the proposed antenna support structure.
6. f.
   Visual impact analysis; photo simulation. The applicant must demonstrate that the proposed tower does not create a significant adverse visual aesthetic impact on the surrounding landscape, adjacent properties and existing lines of signt. The application shall include a visual impact analysis, including simulated photographic evidence of the proposed tower and antenna appearance from any and all residential areas within 1,500 feet and other area vantage points approved by the planning division, including the facility types the applicant has considered. Such simulations shall demonstrate the potential visual impact on the area, including but not limited to:

   1. 1.
      Overall height.
   2. 2.
      Configuration.
   3. 3.
      Physical location.
   4. 4.
      Mass and scale.
   5. 5.
      Materials and color.
   6. 6.
      Illumination.
   7. 7.
      Architectural design.
7. g.
   Antenna mounts. New non-broadcast antenna mounts shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.
8. h.
   Balloon test. A balloon test shall be required subsequent to the receipt of the photo simulations in order to demonstrate the proposed height of the tower.

   1. 1.
      The applicant shall arrange to raise a colored balloon, in sharp contrast with sky blue and no less than three feet in diameter, at the maximum height of the proposed tower and within 30 horizontal feet of the center of the proposed antenna support structure.
   2. 2.
      The applicant shall inform the city and abutting property owners in writing of the date and times of the test at least 14 days in advance. The date, time and location of the balloon test shall be advertised in a locally distributed paper in a display ad at least two inches in width by the applicant at least seven but no more than 14 days in advance of the test dates determined by city staff, as well as alternate dates in case of inclement weather. The balloon shall be flown for at least four consecutive hours during daylight hours on the dates chosen. The applicant shall record the weather during the balloon test. Re-advertisement will not be required if inclement weather occurs, provided the advertisement specifies the alternative date in the event of inclement weather.
9. i.
   Equipment compound. The equipment compound shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.
10. j.
    Fencing. All equipment compounds shall be enclosed with an opaque fence. Alternative equivalent screening may be approved through the site plan approval process pursuant to section 94-35.
11. k.
    Equipment cabinets. Cabinets shall not be visible from pedestrian views. Cabinets may be provided within the principal building, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.
12. l.
    Buffers and landscaping.

    1. 1.
       In all allowable locations the equipment compound shall be landscaped and screened pursuant to section 94-434(b).
    2. 2.
       Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative siting on the entire subject property on which the proposed facility is projected may be considered and approved by the planning division, provided the proposed alternative maximizes screening as provided above, and is otherwise consistent with the requirements of this section.
13. m.
    Signage. Commercial messages shall not be displayed on any tower. Noncommercial signage shall be subject to the following:

    1. 1.
       The only signage that is permitted upon an antenna support structure, equipment cabinets, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility; i.e. the address and telephone number, security or safety signs, and property manager signs (if applicable).
    2. 2.
       If more than 220 volts are necessary for the operation of the facility, signs located every 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."
14. n.
    Lighting. Lighting on towers shall meet and not exceed the FAA minimum standards. Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA. The lights shall be oriented so as not to project directly onto surrounding property, consistent with FAA requirements.
15. o.
    Grading. Grading shall be minimized and limited only to the area necessary for the new tower and equipment.
16. p.
    Sounds. No unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Sound levels shall not exceed 70db as measured from the ground immediately outside of the equipment compound for the facility.
17. q.
    Generators. Emergency generators and their permitted fuel tanks shall be allowed at each tower site.
18. r.
    Parking. One parking space is required for each tower development area. The space shall be provided within the leased area, or equipment compound or the development area as defined on the site plan.

(Ord. No. 4549-15, § 2(94-337), 6-8-2015)

1. a.
   Determination of need. No applications for new broadcast facilities shall be accepted unless the applicant provides a copy of a valid FCC Form 351/352 construction permit specifying NAD 27 coordinates for the proposed tower (together with a conversion of such coordinates to NAD 83.), which shall be prima facie evidence of the applicant's need for a specific geographic location in order to construct a broadcast station.
2. b.
   Height. Height for broadcast facilities shall be evaluated on a case by case basis; the determination of height contained in the applicant's FCC Form 351/352 construction permit or application for construction permit and an FAA determination of no hazard (FAA Form 7460/2) shall be considered prima facie evidence of the tower height required for such broadcast facilities.
3. c.
   Setbacks. New broadcast facilities and anchors shall be setback a minimum of 500 feet from any single-family dwelling unit on same zone lot; and a minimum of one foot for every one foot of tower height from all adjacent lots of record.
4. d.
   Visual impact analysis; photo simulation. The applicant must demonstrate that the proposed tower does not create a significant adverse visual aesthetic impact on the surrounding landscape, adjacent properties and lines of sight. The application shall include a visual impact analysis, including simulated photographic evidence of the proposed tower and antenna appearance from any and all residential areas within 1,500 feet and other area vantage points approved by the planning division, including the facility types the applicant has considered. Such simulations shall demonstrate the potential visual impact on the area, including but not limited to:

   1. 1.
      Overall height.
   2. 2.
      Configuration.
   3. 3.
      Physical location.
   4. 4.
      Mass and scale.
   5. 5.
      Materials and color.
   6. 6.
      Illumination.
   7. 7.
      Architectural design.
5. e.
   Equipment compound. The equipment compound shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.
6. f.
   Fencing. All broadcast facility towers, AM antenna(s) towers, and guy anchors shall each be surrounded with an anti-climbing fence compliant with applicable FCC regulations.
7. g.
   Broadcast equipment cabinets. Except for AM broadcast facilities, cabinets shall not be visible from pedestrian views.
8. h.
   Buffers and landscaping.

   1. 1.
      Except for AM broadcast facilities, it is the intent that all pedestrian views from public rights-of-ways and adjacent residential land uses be screened from proposed broadcast facilities pursuant to section 94-434(b). AM broadcast facilities shall, where practicable, use artificial screening devices in lieu of natural vegetation for screening its ground equipment located at the base of AM tower(s).
   2. 2.
      Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative siting on the entire subject property on which the proposed facility is projected may be considered and approved by the planning division, provided the proposed alternative maximizes screening as provided above, and is otherwise consistent with the requirements of this section.
9. i.
   Signage. Commercial messages shall not be displayed on any tower. Noncommercial signage shall be subject to the following:

   1. 1.
      The only signage that is permitted upon an antenna support structure, equipment cabinets, or fence shall be informational, and for the purpose of identifying the antenna support structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility; i.e. the address and telephone number, security or safety signs, and property manager signs (if applicable).
   2. 2.
      If more than 220 volts are necessary for the operation of the facility, signs located every 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."
10. j.
    Lighting. Lighting on towers shall meet and not exceed the FAA minimum standards. Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required and strobe light standards are prohibited unless required by the FAA. The lights shall be oriented so as not to project directly onto surrounding property, consistent with FAA requirements.
11. k.
    Grading. Grading shall be minimized and limited only to the area necessary for the new tower and equipment.
12. l.
    Sounds. No unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are allowed. Sound levels shall not to exceed 70db as measured from the ground immediately outside of the equipment compound for the facility.
13. m.
    Generators. Emergency generators shall be allowed at each tower site.
14. n.
    Parking. One parking space is required for each tower development area. The space shall be provided within the leased area, or equipment compound or the development area as defined on the site plan.

(Ord. No. 4549-15, § 2(94-338), 6-8-2015)

1. a.
   Conforming facilities. Conforming existing wireless communication facilities, or conforming portions of such facility, may be repaired, modified, improved, or altered, without enlargement, with applicable building permits, provided: (i) the facility will continue to meet the requirements of this article and the wireless communications permit and/or special use permit issues; and (ii) no nonconformity is created.
2. b.
   Non-conforming facilities.

   1. 1.
      Nonconforming wireless communication facilities may be modified, improved, or altered (without enlargement), with applicable building permits, provided no new nonconformity is created and/or an existing nonconformity is not increased.
   2. 2.
      If a new nonconformity would be created or an existing nonconformity increased, an application for approval of the proposed modification under the applicable wireless communication permit level must be submitted for review and approval by the applicable reviewing entity.
   3. 3.
      The following modifications will not be deemed to create a new or to increase an existing nonconformity, if they comply with all applicable conditions or provisions of existing wireless communication permits: 1) a collocation or addition of a new antenna with ancillary facilities; 2) a new equipment cabinet or generator in the existing equipment compound; or 3) any exempt facility.

(Ord. No. 4549-15, § 2(94-339), 6-8-2015)

1. a.
   Application form. Requests for wireless communication permits shall be made only on application forms approved by the planning division. Applications shall contain all information required by this zoning code and other city regulations, and shall be reviewed for completeness.
2. b.
   Site plan review. Site plan review and approval shall be required in accordance with section 94-35 of this chapter and the provisions for Class A and Class B special use permits, as applicable.
3. c.
   Application materials. In addition to the application materials specified in this Code for the appropriate type of review, all applications for wireless telecommunication permits shall provide sufficient materials (plans, graphics, narratives, or expert statements) to demonstrate compliance with the applicable requirements of this article.

   1. 1.
      Permit Level III and Level IV. Applications for wireless communication Level III and Level IV permits shall include the following additional information:

      1. a.
         Determination of need.
      2. b.
         Priority level justification.
      3. c.
         Visual impact analysis.
      4. d.
         Balloon test.
      5. e.
         Written analysis explaining how the proposed tower does not create a significant adverse visual aesthetic impact on the surrounding landscape, adjacent properties, and existing line of sight, as measured against the criteria indicated in section 94-333.
4. d.
   Disclosure of ownership. All wireless communication permit applications regarding communication facilities on private property shall include a verified statement showing each person or corporation having a legal, equitable, or beneficial ownership interest in the real property upon which the communication facility is or will be located. Corporations shall provide the names and addresses of the corporation and principal executive officers.
5. e.
   Submission of fee and application prior to action by city. Prior to action taken by a department, division or official body of the city concerning a specific application, an applicant must submit the proper fee and a complete official application to the planning division.
6. f.
   Completeness review.

   1. 1.
      Section 6409 collocation. A collocation application entitled to expedited streamlined processing pursuant to Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 and section 94-325(b)(7) of this Code shall be deemed complete unless the city provides written notice to the applicant that the submission is incomplete (a "notice of incompleteness") within 30 calendar days of application submission (or within some other mutually agreed upon timeframe). Notice of incompleteness shall be in writing and shall identify specifically the deficiencies in the application which, if cured, would make the application complete. Upon notice of incompleteness, the timeline for a decision shall be tolled until the applicant re-submits to correct such deficiency. The city shall, within ten calendar days of re-submission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional re-submission deficiency period until the second resubmission.
   2. 2.
      Other collocations. Other collocation applications entitled to expedited streamlined process review pursuant to F.S. § 365.172(12) and section 94-325(b)(6) of this Code shall be deemed complete unless the city provides a written notice of incompleteness to the applicant within 30 calendar days of submission (or within some other mutually agreed upon timeframe). Notice of incompleteness shall identify specifically the deficiencies in the application which, if cured, would make the application complete. Upon notice of incompleteness, the timeline for a decision shall be tolled until the applicant re-submits to correct such deficiency. The city shall, within ten days of re-submission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional re-submission deficiency period until the second resubmission.
   3. 3.
      All other applications. Within 20 business days of receipt of an application for a wireless communications facility, the city shall determine if the application form has been completed and if all required items have been submitted.

      1. a.
         If the city determines that the application is not complete and/or if all required items have not been submitted, the city shall, within the 20 business days of the application submittal, notify the applicant in writing that the application is incomplete (a "notice of incompleteness"). The notice of incompleteness shall list, with specificity, those items that are incomplete and/or missing and indicate what must be provided to make the application complete.
      2. b.
         If the applicant resubmits the additional information or revised application, the city shall review the resubmitted materials for completeness. If the application is still not complete, the city shall send the applicant another notice of incompleteness indicating the remaining within 20 business days after the application is resubmitted.
      3. c.
         Upon resubmittal of the revised application and/or additional information and materials, the city shall follow the process identified in steps (1) through (3) above until all deficiencies identified are deemed cured and the application is deemed complete.
      4. d.
         If the city does not respond in writing to the applicant within the specified timeframe, then the application shall be deemed to be complete.
   4. 4.
      When the application is deemed complete, the city shall advise the applicant and begin processing the application.

(Ord. No. 4549-15, § 2(94-340), 6-8-2015)

1. a.
   Section 6409 collocation. A collocation application entitled to expedited streamlined processing pursuant to Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 and section 94-325(b)(7) of this Code shall be approved or denied in writing, and shall be postmarked to the applicant by the 60th calendar day after the initial submission, excluding any tolling period. The timeline for a decision shall be tolled by a notice of incompleteness until resubmittal, and until the second resubmission.
2. b.
   Other collocations. Other collocation applications entitled to expedited streamlined process review pursuant to F.S. § 365.172(12) and section 94-325(b)(6) of this Code shall be reviewed by the city's plans and plats review committee (PPRC) within 45 business days of submission, (or within some other mutually agreed upon timeframe) after the date the application is deemed complete. The timeline for a decision shall be tolled by a notice of incompleteness until resubmittal, and until the second resubmission.
3. c.
   All other wireless communication facilities. The city shall review and grant or deny each complete application within 90 business days from the date the application is determined to be complete. The timeline for a decision shall be tolled by a notice of incompleteness until resubmittal, and until the second resubmission.

   1. 1.
      For level IV permit applications only, the 90 business-day timeframe may be extended if the hearing on the class A special use permit before the city commission, following the review process and timeframe applicable to all class A special use approvals for all uses, cannot reasonably occur within the 90 business days. Under such circumstances, the city commission must either grant or deny the application at its next regularly scheduled meeting after the 90 business days have expired or the application shall be deemed automatically approved.
4. d.
   If the city does not grant or deny a properly completed application for a wireless communications facility within the timeframes set forth in this section, the application shall be deemed automatically approved and the applicant may proceed with the next level of review or, if no additional levels of review, with submittal for a building permit.
5. e.
   The timeframes in this section may be waived if a waiver is voluntarily agreed to by the applicant and the city. A one-time waiver may be required by the city, without the applicant's consent, in the case of a declared local, state, or federal emergency which directly affects the permitting activities of the city, for the length of that emergency.

(Ord. No. 4549-15, § 2(94-341), 6-8-2015)

1. a.
   Wireless communication permit level I and level II. The approval of a level I or a level II wireless communication permit is subject to administrative review as provided in this section and shall be governed by the following process:

   1. 1.
      The planning division shall review the application, and submitted documents for compliance with all requirements of this article, including the regulations for the applicable permit level and the criteria contained in section 94-333. The city may, at its discretion, obtain additional third party technical assistance to review and assess the technical merits of the documents.
   2. 2.
      If the planning division determines that the application meets all of the requirements of this article, the city shall approve the application package and the applicant may proceed to request a building permit.
   3. 3.
      If the planning division determines that additional information or documentation is necessary to complete the review in accordance with the requirements of this article, then the city shall provide written notification to the applicant as to the supplemental information or documentation requested for review. The applicant shall provide to the city any requested materials for review. This process shall continue until the city has sufficient information to approve or deny the application.
   4. 4.
      If the planning division determines the application and documentation fails to meet the intent and requirements of this article, the city may deny the application. All such denials shall be in writing.
   5. 5.
      Appeals from a decision made by the planning division shall be to the zoning board of appeals for area outside the downtown; to the downtown action committee for area within the downtown; and to the historic preservation board for locally or nationally designated properties.
2. b.
   Wireless communication permit level III and level IV. The approval of a level III or level IV permit is subject to special use permit as identified in the table in section 94-323 and shall be governed by the following process:

   1. 1.
      If the planning division determines that additional information or documentation is necessary to complete the review in accordance with the requirements of this article, then the city shall provide written notification to the applicant as to the supplemental information or documentation requested for review. The applicant shall provide to the city any requested materials for review. This process shall continue until the city has sufficient information for the review process.
   2. 2.
      The application shall follow the process for the appropriate special use permit pursuant to section 94-36 of this Code.
   3. 3.
      The application shall be reviewed for compliance with all requirements of this article, including the regulations for the applicable permit level, the criteria contained in section 94-333, and the standards for a special use permit contained in section 94-36 of this Code. The city may forward the submittal package to a third party consultant for review of the materials.
   4. 4.
      The approving bodies, in determining whether a wireless communications facility is in harmony with the area or the effects and general compatibility of a wireless communications facility with adjacent properties, may consider the aesthetic effects of the tower as well as mitigating factors concerning aesthetics.
   5. 5.
      The approving bodies may disapprove an application on the grounds that the wireless communications facility's aesthetic effects are unacceptable, or may condition approval on changes in tower height, design, style, buffers, or other features of the wireless communications facility or its surrounding area. Such changes in non-broadcast installations need not result in performance identical to that of the original application.

(Ord. No. 4549-15, § 2(94-342), 6-8-2015)

1. a.
   Wireless communication permit level I and level II. Applications for wireless communication permits for level I and level II shall be evaluated based on the specific permit level requirements in this article and the following additional criteria:

   1. 1.
      The placement of antennas on buildings and other structures is encouraged and preferred over the installation of towers or monopoles. Where feasible, co-location of facilities and minimum number of antennas shall be evaluated to determine the proposed facility has been designed carefully.
   2. 2.
      If a facility is to be installed in or on a historic building or structure, a certificate of appropriateness is required pursuant to section 94-49. Additional measures shall be required so as to not alter the historic significance of the building or structure
   3. 3.
      Antennas should be screened or hidden from the public view by the following methods: designed as architectural elements, screened with enclosures or landscaping. Screening materials shall consist of materials and colors consistent with the surrounding backdrop, structure, and local character and/or textured to match the existing structure.
   4. 4.
      Where feasible, antennas can be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging. Antennas mounted on architecturally significant structures or architecturally significant details of the building should be covered with appropriate casings, which are manufactured to match existing architectural features found on the building.
   5. 5.
      All exposed cables, conduits and/or surface mounted wires shall be concealed or painted out to match the building.
   6. 6.
      Equipment shelters or cabinets shall be consistent with the general character of the neighborhood and historic character, if applicable.
   7. 7.
      Equipment shelters or cabinets shall be screened from the public view by using landscaping, or materials and colors consistent with the surrounding backdrop, or wrapping cabinets with site appropriate graphics.
   8. 8.
      Screening enclosures shall be allowed when the design is architecturally compatible with the building.
   9. 9.
      Lighting. Lighting of these facilities is not allowed.
2. b.
   Wireless communication permit level III and level IV. Applications for wireless communication permits for level III and level IV shall be evaluated based on: (i) the specific permit level requirements in this article; (ii) the standards for the applicable special use permit; and (iii) the following criteria:

   1. 1.
      Where feasible, co-location of facilities and minimum number of antennas shall be evaluated to determine whether and to the extent that the proposed facility has been designed carefully.
   2. 2.
      If the approving authority determines that the proposed additional service of non-broadcast facilities, coverage, or capacity to be achieved by the location of the proposed new wireless communications facility can be achieved by use of one or more alternative existing wireless communications facilities, it may disapprove the proposed antenna support facility application.
   3. 3.
      All exposed cables, conduits and/or surface mounted wires shall be concealed or painted out to match the building.
   4. 4.
      Equipment shelters or cabinets shall be consistent with the general character of the neighborhood and historic character if applicable.
   5. 5.
      Equipment shelters or cabinets shall be screened from the public view by using landscaping, or materials and colors consistent with the surrounding backdrop, structure and local character and/or wrapping cabinets with site appropriate graphics.
   6. 6.
      Screening enclosures shall be allowed when the design is architecturally compatible with the building.
   7. 7.
      The approving bodies in determining whether a wireless communications facility is in harmony with the area or the effects and general compatibility of a wireless communications facility with adjacent properties may consider the aesthetic effects of the tower as well as mitigating factors concerning aesthetics.
   8. 8.
      The approving bodies may disapprove an application on the grounds that the wireless communications facility's aesthetic effects are unacceptable, or may condition approval on changes in tower height, design, style, buffers, or other features of the wireless communications facility or its surrounding area. Such changes in non-broadcast installations need not result in performance identical to that of the original application.
   9. 9.
      Factors relevant to aesthetic effects are: the protection of the view in sensitive or particularly scenic areas and areas specially designated in adopted plans such as unique natural features, scenic roadways and historic sites; the concentration of towers in the proposed area; and whether the height, design, placement or other characteristics of the proposed tower could be modified to have a less intrusive visual impact.

(Ord. No. 4549-15, § 2(94-343), 6-8-2015)

1. a.
   Fees. Fees for all applications required by this chapter shall be established by resolution of the city commission, as may be amended from time to time.
2. b.
   Supplemental review. The city reserves the right to require a supplemental review for any type of collocation, attachment, mitigated tower, new tower, or antenna element when determined by the city to be necessary due to the complexity of the methodology or analysis required to review an application for any proposed or existing wireless communications facility. The cost to the city for such supplemental technical review shall be borne by the registrant/applicant and be in addition to other applicable fees.
3. c.
   The city may withhold the issuance of any permits to a registrant until any amount past due from registrant to city is paid in full.

(Ord. No. 4549-15, § 2(94-344), 6-8-2015)

1. a.
   The city's wireless master plan indicates sites the city prefers for the location of wireless communication facilities. Some of these preferred sites are owned by the city or other government entities. Except as specifically provided herein, the terms of this article, and the requirements established thereby, shall be applicable to all wireless communications facilities to be developed or collocated on city or government-owned sites (excluding public rights-of-way), unless excepted under section 94-320.
2. b.
   Any wireless telecommunications permit for installation or maintenance of facilities on city-owned property (excluding public rights-of-way) 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 use of city property will be granted. Authorization to use city property is subject to city commission approval.

(Ord. No. 4549-15, § 2(94-345), 6-8-2015)

By placing or maintain wireless telecommunication facilities within the city, each and every telecommunication service provider and pass-through service provider agrees to each of the following:

1. 1.
   Compliance with "good engineering practices" as defined by the FCC in its rules and regulations.
2. 2.
   Compliance 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).
3. 3.
   In the case of an application for collocated wireless communications facilities, the applicant/registrant, together with the owner of the subject site, shall use their best efforts to provide a composite analysis of all users of the site to determine that the applicant's proposed facilities will not cause radio frequency interference with the city's public safety communications equipment and will implement appropriate technical measures, as described in antenna element replacements, to attempt to prevent such interference.
4. 4.
   Whenever the city, or a public safety agency (after notice to the city) has encountered radio frequency interference with its public safety communications equipment and it believes that such interference has been or is being caused by one or more antenna arrays, the following steps shall be taken:

   1. a.
      The city shall provide notification to all wireless service providers operating in the city of possible interference with the public safety communications equipment, and upon such notifications, the owners shall use their best efforts to cooperate and coordinate with the city and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety "Enhanced Best Practices Guide," released by the FCC in Appendix D of FCC 04-168 (released August 6, 2004), including the "Good Engineering Practices," as may be amended or revised by the FCC from time to time in any successor regulations.
   2. b.
      If any equipment owner fails to cooperate with the city in complying with the owner's obligations under this section or if the FCC makes a determination of radio frequency interference with the city public safety communications equipment, the owner who failed to cooperate and/or the owner of the equipment which caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the city for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the city to determine the source of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in the "Enhanced Best Practices Guide" within twenty-four hours of city's notification.

(Ord. No. 4549-15, § 2(94-346), 6-8-2015)

1. a.
   Satellite earth stations (SES) that are less than one meter (39.39 inches) in diameter are permitted in historic districts or historic eligible districts, but in such districts installation is subject to either painting requirements consistent with the historic character, or relocation of the SES on a historic building in a manner that does not affect the ability of the SES to receive its signals from orbiting or geo-stationary satellites, in order to preserve historic district, site, building, structure or object included in, or eligible for inclusion on, the National Register of Historic Places, as set forth in the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470.
2. b.
   Satellite earth stations which are larger than one meter (39.37 inches) in diameter, intended to receive signals from orbiting or geo-stationary satellites and other sources, or to link wireless service sites together by wireless transmission of voice or data shall comply with the following provisions.

   1. i.
      Single and two-family residential standards:

      1. 1.
         Rooftop SESs are prohibited.
      2. 2.
         An SES shall be considered an accessory structure; however, an SES shall be permitted within five feet of a side and/or rear property line.
      3. 3.
         No SES shall be permitted within the front yard or setback. For lots having more than one street frontage. an SES shall be located in a side yard which does not abut a public or private right-of-way.
      4. 4.
         No SES shall exceed 15 feet in height. No dish shall exceed ten feet in diameter.
      5. 5.
         Landscape including shrubs a minimum of 24 inches on all sides or property, an opaque screen (i.e., wood fence, translucent mesh, etc.) or both shall be incorporated on any SES located in a rear yard.
      6. 6.
         There shall be no more than one antenna on any single-family or duplex lot.
   2. ii.
      Nonresidential and multifamily standards:

      1. 1.
         All SESs shall be ground-mounted and located in the rear yard so as not to be visible from any public right-of-way.
      2. 2.
         An SES may not be located in the rear yard if the rear lot lines abuts a public right of-way, lands zoned residential.
      3. 3.
         Landscaping including shrubs a minimum of 36 inches on all sides, an opaque screen (i.e., wood fence, translucent mesh, etc.) or both shall be incorporated on any dish located in a rear yard.
      4. 4.
         No SES shall exceed 20 feet in height measured from grade. No dish shall exceed fifteen 15 feet in diameter.
      5. 5.
         Nonresidential SESs may be considered for roof installation provided that application is made for a level III permit. Roof-mounted SES must be screened by parapets that appear to be an integral part of the building so that not more than 25 percent of the antenna height is visible from grade level of adjacent property and adjacent public or private rights-of-way.
      6. 6.
         All SESs shall not be light reflective. Dish antennas shall not have any sign copy on them nor shall they be illuminated.
      7. 7.
         Each person wishing to place SESs in nonresidential and multifamily zoned property shall make application for a Class B special use permit.
      8. 8.
         There shall be no more than one antenna on any parcel. However, where business is licensed by the city as a dealer of electronic equipment, such business may have two antennas for their parcel.

(Ord. No. 4549-15, § 2(94-347), 6-8-2015)

Towers, antennas and their associated equipment compound shall be removed, at the owner's expense, within 180 calendar days of cessation of use or abandonment. An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The city may extend the time for removal or reactivation up to 60 additional calendar days upon a showing of good cause. Upon removal of the tower, antenna, and equipment compound, the development area shall be returned to its natural state and topography and vegetated consistent with the natural surroundings or consistent with the current uses of the surrounding or adjacent land at the time of removal.

(Ord. No. 4549-15, § 2(94-348), 6-8-2015)

1. a.
   An applicant may request a variance or waiver from the requirements of this article for a wireless communications permit. A request for such variance or waiver shall include all information described in this subsection and any other reasonable information the city may require, along with the applicable waiver request fee, as established by resolution.
2. b.
   A request for a variance or waiver from the requirements of a wireless communications permit Level I or Level II request shall be made to the downtown action committee, for applications within the downtown master plan area, the historic preservation board for applications within an historic district or property, or the zoning board of appeals for all other applications, pursuant to the applicable provisions of Chapter 94 of this Code. In addition to all other application requirements for variances or waivers contained in this Code, and for special use permits, as applicable, an application for a variance or waiver from the requirements of this article shall include the following additional information:

   1. i.
      A detailed explanation, with supporting engineering or other data, as to why a waiver from the requirements of this section is required in order to allow the registrant/applicant to have nondiscriminatory and competitively neutral use of city rights-of-way;
   2. ii.
      Availability of co-location opportunities;
   3. iii.
      Size and height of the proposed facilities;
   4. iv.
      Location and separation distances of the proposed facilities;
   5. v.
      Location of the nearest residential units or residentially zoned properties;
   6. vi.
      Adjacent and nearby topography, tree coverage and foliage;
   7. vii.
      Design of the proposed facilities with particular reference to elimination of visual impacts of such facilities;
   8. viii.
      Any other factors the city determines to be relevant.
3. c.
   In addition to all other applicable criteria for variances or waivers contained in this Code, and for special use permits, as applicable, the downtown action committee, the historic preservation board, or the zoning board of appeals shall consider the following additional factors:

   1. i.
      Supporting engineering or other data, as to why a waiver from the requirements of this section is required in order to allow the registrant/applicant to have nondiscriminatory and competitively neutral use of city rights-of-way;
   2. ii.
      Availability of co-location opportunities;
   3. iii.
      Size and height of the proposed facilities;
   4. iv.
      Location and separation distances of the proposed facilities;
   5. v.
      Location of the nearest residential units or residentially zoned properties;
   6. vi.
      Adjacent and nearby topography, tree coverage and foliage;
   7. vii.
      Design of the proposed facilities with particular reference to elimination of visual impacts of such facilities;
4. d.
   In granting any waiver, the downtown action committee, the historic preservation board or zoning board of appeals, as applicable, may impose conditions to the extent considered necessary to minimize any adverse effects of the proposed facility on adjoining and nearby properties or to protect the health, safety and welfare of the city and the public.

(Ord. No. 4549-15, § 2(94-349), 6-8-2015)

Abandoned. Any tower without any mounted transmitting and/or receiving antennas in continued use for a period of 180 consecutive days.

Abandonment. The cessation of all uses of a wireless communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of an antenna mounted on a streetlight, where the streetlight continues to be used, shall not be "abandonment" of a facility in public rights-of-way.

Alternative structure. A structure that is not primarily constructed for the purpose of supporting antennas but on which one or more antennas may be mounted. Alternative structures include, but are not limited to, buildings, water tanks, light stanchions, pole signs, billboards, church steeples and high voltage electric power transmission towers. Concealed towers are not alternative structures.

Amateur radio tower. Any tower used for amateur radio transmissions consistent with the "Complete FCC U.S. Amateur Part 97 Rules and Regulations" for amateur radio facilities.

Ancillary structure. Equipment, devises and structures associated with a wireless communications facility, including but not limited to: concrete slabs on grade, guy anchors, generators, feed lines, mounting hardware, pedestals, and transmission cable supports; however, specifically excluding equipment cabinets, towers, alternative structures and antenna elements.

Anti-climbing device. A piece or pieces of equipment, which are either attached to an antenna support structure, or which are freestanding 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, the removal or absence of climbing pegs, "squirrel-cones," or other approved devices, but excluding the use of barbed or razor wire.

Antenna. Any apparatus designed for the transmitting and/or receiving of electromagnetic waves, including but not limited to: telephonic, radio or television communications. Types of antenna include, but are not limited to: omni-directional (whip) antennas, sectionalized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas, and in the case of AM broadcast facilities the actual tower structure.

Antenna array. A group of antennas and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or common mounting support structure for a unified purpose of transmitting or receiving electromagnetic waves for a single wireless services provider, or if combined antennas, for the combined providers.

Antenna element. Any antenna or antenna array.

ASR. The antenna structure registration number as required by the FAA and FCC.

Antenna support structure. See "Tower"

Attached antenna. An antenna element attached to an alternative structure.

Base station. The electronic equipment at a fixed location utilized by the wireless communication provider(s) for the transmission and reception of radio signals, including DAS and small cells. The term does not include a tower.

Breakpoint technology. The engineering design of a monopole wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole.

Broadcast facilities. Towers, antennas, and/or antenna arrays for FM/TV/ broadcasting transmission facilities, and tower(s) utilized as antennas for an AM broadcast station that are licensed by the FCC.

Broadcast tower. A tower built primarily for broadcast facilities, but which may also be used for collocation of other wireless communications facilities.

Collocation. The practice of installing and operating multiple antenna elements, which are owned or controlled by multiple wireless service providers, and/or radio common carrier licensees on the same tower, antenna support structure, or alternative structure using different and separate antenna, feed lines, equipment cabinets, generators and other radio frequency generating equipment.

Combined antenna. An antenna or an antenna array designed and utilized to provide wireless communications services for more than one wireless provider, or a single wireless provider utilizing more than one frequency band or spectrum, for the same or similar type of services.

Concealed. A tower, pole, antenna element or ancillary structure, or equipment compound that is not readily identifiable as such, and is camouflaged and designed to be aesthetically compatible with the area and the existing and proposed building(s) and uses on a site so as to reduce or mitigate the facility's potential adverse visual impacts on the surrounding areas. There are two types of concealed facilities: 1) antenna attachments and 2) freestanding antenna support structures. A concealed attached antenna includes a structure which is not primarily constructed for the purpose of holding attachment antennas but on which one or more antennas may be mounted. Examples of concealed attached facility include, but are not limited to the following: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure. Freestanding concealed antenna support structures usually have a secondary, obvious function which may be, but is not limited to the following: church steeple, windmill, bell tower, clock tower, light standard, flagpole with or without a flag, or tree.

DAS — Distributed antenna system. A DAS system consists of: (1) a number of remote communications nodes deployed throughout the desired coverage area, each including at least one antenna for transmission and reception; (2) a high capacity signal transport medium (typically fiber optic cable) connecting each node to a central communications hub site; and (3) radio transceivers located at the hub site (rather than at each individual node as is the case for small cells) to process or control the communications signals transmitted and received through the antennas. A DAS installation shall be considered a non-concealed attached antenna for purposes of these regulations

DAS hub. Ancillary equipment usually contained in a shelter or other enclosure which does not have any wireless transmission or receive equipment contained therein but is utilized in the deployment and operation of wireless DAS receive/transmit infrastructure that is located elsewhere.

Development area. The area occupied by a wireless communications facility including areas inside or under the following: an antenna-support structure's framework, equipment cabinets, ancillary structures and access ways.

Downtown action committee. The legal entity established and authorized by section 94-31(f) of this Code to oversee the development of the area governed by the downtown master plan.

Equipment cabinet. Any structure, including: cabinets, shelters, pedestals, and other similar structures that are used exclusively or in combination with ancillary facilities, to contain radio or other equipment necessary for the transmission or reception of wireless communication signals.

Equipment compound. The fenced area surrounding the ground-based wireless communication facility that includes the following: the tower or antenna support structure's framework and ancillary structures such as equipment necessary to operate the antenna, cabinets, shelters, pedestals, and other similar structures.

FAA. The Federal Aviation Administration. FCC - The Federal Communications Commission.

Feed lines. Cables used as the interconnecting media between the equipment cabinet and the antenna. Also known as "transmission lines."

Flush-mounted. Any antenna or antenna array attached directly to the face of the tower or alternative structure such that no portion of the antenna extends above the height of the tower or alternative structure. Where a maximum flush-mounting distance is given, that distance shall be measured from the outside edge of the tower or alternative structure to the inside edge of the antenna.

Guyed tower. A style of tower 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 wires that are connected to anchors placed in the ground or on a building.

Geographic search ring. An area designated by a wireless provider or operator for a new base station and antenna elements, produced in accordance with generally accepted principles of wireless engineering.

Handoff candidate. A wireless communication facility that receives call transference from another wireless facility, usually located in an adjacent first "tier" surrounding the initial wireless facility.

Lattice tower. A tapered style of tower that consists of vertical and horizontal supports with multiple legs and cross-bracing, and metal crossed diagonal strips or rods to support antennas.

Law means any local, state or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, guideline or other requirement, as amended, now in effect or subsequently enacted or issued, including, but not limited to, the Communications Act of 1934, 47 USC 151 et seq., as amended by the Telecommunications Act of 1996, PL 104-104 § 101(a), 110 Stat. 70, and all orders, rules, tariffs, guidelines and regulations issued by the Federal Communications Commission or the governing state authority pursuant thereto.

Master plan. The Wireless Telecommunications Master Plan developed and adopted by the city commission, as amended from time to time.

Mitigation. A modification of an existing antenna support structure to increase its height or to improve its integrity, by replacing or removing one or several antenna support structures located in proximity to a proposed new antenna support structure in order to encourage compliance with this article or improve aesthetics or functionality of the overall wireless network. Mitigation may also include replacement of an existing tower or antenna support structure with a new tower or antenna support structure which mitigates the impacts of its predecessor.

Monopole tower. A style of free-standing tower consisting of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building's roof.

Non-concealed. A wireless communication facility that is readily identifiable as such and can be either freestanding or attached.

OTARD. Pursuant to sec. 207 of the Telecommunications Act of 1996, the FCC adopted the Over-the-Air Reception Device ("OTARD") rule concerning governmental and non-governmental restrictions on viewer's ability to receive video programming signals from direct broadcast satellites, broadband radio service providers and television broadcast stations.

Personal wireless service. Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996.

Pass-through provider. Any person who, upon registering with the city, places or maintains a wireless communications facility in the city's rights-of-way and that does not remit communications service taxes as imposed by the city pursuant to F.S. ch. 202 and F.S. § 337.401.

Place or maintain or placement or maintenance or placing or maintaining. To erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A communications services provider or pass-through provider that owns or exercises physical control over wireless communications facilities in public rights-of-way, such as the physical control to maintain and repair, is "placing or maintaining" the facilities. A party providing service only through resale or only through use of a third party's unbundled network elements is not "placing or maintaining" the communications facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights-of-way is not placing or maintaining facilities in the public rights-of-way.

Private property. Real property owned by an individual or entity other than the city or other governmental entity or agency.

Provider's designed service. The configuration and manner of deployment of wireless communications services the wireless services provider has designed for an area as part of its network.

Public rights-of-way. A public right-of-way, public utility easement, highway, street, bridge, tunnel, pier, waterway, dock, wharf, court, lane, path, or alley or any other property for which a government entity is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface to the extent the government holds aproperty interest therein. "Public rights-of-way" shall not include private property. "Public rights-of-way" shall not include any real or personal government property except as described above and shall not include government buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way.

Public safety communications equipment. All communications equipment utilized by a public entity for the purpose of ensuring the safety of the public and operating within the frequency range of 150 MHz, 450 MHz, 700 MHz, 800 MHz, 1,000 MHz, 6GHz and any future spectrum allocations at the direction of the FCC.

Replacement. The removal of an existing tower for purposes of erecting a new tower of nearly equal dimensions usually for the purposes of improvement structural integrity.

Satellite earth station. A single or group of parabolic (or dish) antennas mounted to a support 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 cabinets necessary for the transmission or reception of wireless communications signals with satellites.

Small cell. A low-powered wireless base station that functions like cells in a mobile wireless network, typically covering localized outdoor areas.

Structure. Anything constructed or erected, the use of which required permanent location on the ground, or attachment to something having a permanent location on the ground, including advertising signs.

Tower. A vertical projection composed of metal or other material with or without a foundation that is designed for the express purpose of accommodating antennas at a desired height. Towers 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. Types of towers include the following: guyed, lattice and monopole structures.

Tower base. The above ground portion of the foundation, usually concrete, on which the tower is situated. For measurement calculations, the tower base is that point on the foundation reached by dropping a perpendicular line from the geometric center of the tower.

Tower height. The vertical distance measured from the grade line to the highest point of the tower, including any antenna, lighting, lightning protection or other equipment affixed thereto.

Tower site. The land area that contains, or will contain, a proposed tower, support structures and other related buildings, equipment and/or improvements.

Transmission. The development of a radio signal from an antenna device for the purpose of communications or communication of data.

Transmission line. See "Feedline" definition above.

Wireless communications facility. Any staffed or unstaffed location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or antenna array, transmission cables, equipment cabinets, a tower, cabling, antenna brackets, and other such equipment. The following shall be deemed a wireless communications facility: new, mitigated, or existing towers, government-owned towers, replacement towers, collocation on existing towers, attached wireless communications facilities, DAS, small cell, concealed wireless communication facilities, and non-concealed wireless communication facilities.

(Ord. No. 4549-15, § 2(94-331), 6-8-2015)