Public Utility Uses:

Car Washes:

Senior Citizen Housing:

Automobile Service Stations/Automobile Repair Facilities:

Commercial Parking Lots and Garages:

Water-Oriented Uses:

Seasonal Christmas Tree Sales:

Restaurants Serving Alcoholic Beverages in the Boardwalk Redevelopment (BRZ) and Pier (P) Zones.

Additional Requirements for Food Service Establishments Serving Alcoholic Beverages in the Pier (P) Zoning District.

Outdoor Decks, Patios, and other Seating, Accessory to Restaurants and Bars:

Community Residences and Community Shelters:

Multifamily Dwellings in the Residential Multifamily (RM) Zone shall conform to the following conditions:

Multifamily Dwellings in the Tourism (T) Zone. Multifamily dwellings in the Tourism (T) Zone that are not located within a mixed use (as defined in § 17-201) building shall conform to the following conditions:

Units shall meet the minimum requirements in accordance with § 17-411R and § 17-411S.[1] No townhouse dwelling unit shall be less than 20 feet wide.

New wireless telecommunications towers and antennas shall be permitted as conditional uses in zones designated as MC-T, REC, LI, RM, H/M-1, H/M, and T/E within City of Wildwood; on quasi-public and municipally owned properties; and on municipally owned water towers. Such facilities shall be subject to the conditions set forth in this section. The Planning Board shall review and approve the site plan for any new wireless telecommunications facility.

Wireless telecommunications towers and antennas shall be expressly prohibited in the zones designated R-1, R-2, R-3, WR, WR-1, MC-R, GC, BA, B, P, PO, BSRA, and C.

Nonconforming wireless telecommunications towers may continue in use for the purpose now used, but may not be expanded (i.e., by increasing size or height or by adding additional users) without complying with this section.

Nonconforming wireless telecommunications towers which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this section. However, should the destruction or damage be determined by the City of Wildwood Zoning Board and/or Zoning Official to be of such an extent that it is beyond the scope and intent of the "partial destruction" clause of N.J.S.A. 40:55D-1 et seq., then repair or restoration will require compliance with this section.

The owner of any nonconforming wireless telecommunications tower may repair, rebuild, or upgrade in order to improve the structural integrity of the facility, to allow the facility to accommodate co-located antennas or facilities on existing platforms, or to upgrade the facilities to current engineering, technological or communications standards without having to conform to the provisions of this section.

All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations within the required time frame shall constitute grounds for the immediate removal of the tower or antenna at the owner's expense.

All local communications facilities subject to the provisions herein located within the City of Wildwood must obtain a coastal permit as defined in § 17-201, pursuant to any of the following statutes: the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 et seq., the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., or the Waterfront Development Law, N.J.S.A. 12:5-3, as applicable.

Locational Priority. If needed in accordance with this section for the provision of full wireless telecommunications services within the City of Wildwood area, wireless telecommunications towers, where permitted as a conditional use in accordance with Subsection A1 and 2 above, shall be located in accordance with the following locations:

The total number of local communications facilities in the municipality shall be the minimum necessary to provide adequate service. As such, no application for construction of a local communications facility shall be approved until the applicant has demonstrated that there is a need for the facility and that there is no such existing, suitable facility within the service area that could be utilized. Citation by a recognized radio frequency (RF) engineer in a certified plan shall be evidence of the general need in the areas but not as to a specific site.

Within the City of Wildwood, all new local communications facility towers shall be located within the area consistent with a demonstrated service need for the facility, as provided by a recognized radio frequency (RF) engineer, but in no case beyond a radius of the area specified in a documented report by the applicant. The applicant will initially determine and demonstrate a technically feasible search area for this demonstrated-need radius.

If the search area crosses the boundaries of the City of Wildwood, the applicant shall seek to site the facility in accordance with this section. This policy requires the following order of preferences:

Local communications facilities shall be developed in accordance with the following visual standards to the extent feasible and consistent with other provisions contained herein. These standards require that:

If multiple sites for new towers that meet all other qualifications are available, the site with the least visual impact should be selected; if only a single qualifying site is available, the best location on the site that meets all other standards must be used.

The design and construction of a new local communications facility towers shall adhere to the provisions of the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 et seq. and/or the Waterfront Development Law, N.J.S.A. 12:5-3, as applicable, regarding setbacks from scenic corridors and in environmentally sensitive areas.

To the extent feasible and consistent with other provisions contained herein, towers shall be painted in accordance with Subsection R so as to reduce visual obstructiveness, subject to any applicable standards of the FAA.

At a tower site, the design of the buildings and related structures on ground level shall, to the extent possible, use material, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

Prior to any co-location on any cell tower, the applicant shall first provide the City of Wildwood with the right of first refusal for the installation of public safety equipment necessary to the functioning of the City of Wildwood's telecommunications network.

Each applicant for a new telecommunications tower shall present documentary evidence regarding the need for wireless antennas within the City of Wildwood, in accordance with Subsection C3 herein. This information shall identify the wireless network layout and coverage areas to demonstrate the need for such equipment within the City of Wildwood.

An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings, structures or co-locations sites. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings, structures or co-location sites in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner(s) of the existing building, structures or co-location sites. The City of Wildwood reserves the right to engage a professional radio frequency engineer, under a professional services agreement, to review such documentation. The cost of such review shall be paid from escrow funds supplied by the applicant.

Applicants proposing to construct new telecommunications towers shall document the locations of all existing telecommunications towers within the City of Wildwood and surrounding areas outside the boundaries of the City of Wildwood, with coverage in the City of Wildwood, as well as any changes proposed within the following twelve-month period, including plans for new locations or the discontinuance or relocation of existing facilities. Applicants shall provide competent testimony by a radio frequency engineer, regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to co-locate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s). Where an applicant seeking to construct a new tower is not a wireless service provider, the applicant shall prove that adequate wireless telecommunications services, sufficient to meet the requirements of the Federal Telecommunications Act of 1996, as amended (hereinafter "FTA"), cannot be provided without the proposed tower.

How the proposed location of the telecommunications tower relates to the objective of providing full wireless communications services within the City of Wildwood area.

How the proposed location of the telecommunications tower relates to the location of any existing antennas within and near the City of Wildwood area.

How the proposed location of the telecommunications tower relates to the anticipated need for additional antennas within and near the City of Wildwood area by the applicant and by other providers of wireless communications services within the City of Wildwood area.

How the proposed location of the telecommunications tower relates to the objective of co-locating the antennas of many different providers of wireless communications services on the same wireless telecommunications tower.

How its plans specifically relate to, and are coordinated with, the needs of all other providers of wireless communications service within the City of Wildwood area.

Towers shall meet the setbacks of the underlying zoning district or 100% of the height of the tower, including all antennas and attachments, whichever is greater, and the tower does not encroach upon any easements unless the applicant can demonstrate that a tower failure will have a lesser impact on the surrounding area.

A fall zone shall be established such that the tower is set back 100% of the height of the tower, including all antennas and attachments, from any adjoining lot line, street right-of-way line, areas used for public access (including the Boardwalk) or nonappurtenant access or building, unless the applicant can demonstrate that a tower failure will have a lesser impact on the surrounding area.

Towers shall be set back from the public rights-of-way as shown the Tax Map of the City of Wildwood by a minimum distance equal to 1.5 times the height of the tower, including all antennas and attachments.

Towers shall not be located between a principal structure and a public street, except that at sites adjacent to public streets or waterways on all sides, towers may be placed within a side yard abutting a local street.

Towers must be set back a distance equal to 1.5 times the height of the tower from any off-site residential structure.

For antennas attached to the roof or a side-mounted supporting structure on a rooftop, a setback ratio, at the discretion of the Board, shall be maintained unless an alternative placement is shown to reduce visual impact.

A tower's setback may be reduced or its location in relation to the public street may be varied at the discretion of the Board to allow the integration of a tower into an existing or proposed structure, such as a church steeple, light standard, attached or on top of an electrical transmission tower, tower line support device or similar structure.

Abandonment. Any telecommunications tower and equipment which are not operated for wireless communications purposes for a continuous period of six months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it, and shall be removed by the facility owner at its costs. The owner of a telecommunications tower and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications tower. If such antenna and/or tower are not removed within 60 days of receipt of notice from the City of Wildwood, notifying the owner of such abandonment, the City of Wildwood may remove such tower and/or antenna as set forth below.

Removal. When an owner of a telecommunications tower and antenna, who has been notified to remove same, fails to do so within 60 days of receipt of notice from the City of Wildwood, notifying the owner and/or operator of such abandonment and the need to remove same, then the City of Wildwood may remove such tower and/or antenna and place a lien upon the property for the cost of removal. If removed by the owner, a demolition permit shall be obtained and the equipment shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment. The facility owner shall post a performance bond/surety at the time that a construction permit is issued for demolition to cover the cost of tower removal and site restoration. The amount of the bond shall be calculated by the City Engineer, and shall have taken into consideration any cost escalation that may be reasonably anticipated. Any delays by the City of Wildwood in taking action under this subsection shall not in any way waive the City of Wildwood's right to take such action.

Accessory structures used in direct support of a telecommunications tower shall be allowed but not be used for offices, vehicle storage or other outdoor storage.

Emergency generators shall be designed to have capacity up to the maximum design load for all carriers attach to the tower.

Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility.

Telecommunications towers may be located on sites containing another principal use in the same buildable area.

A description of the tower and the technical and other reasons for the tower design and height, including cross sections and elevations.

Documentation to establish that the tower and foundation has sufficient structural integrity to withstand ice loading (1/2 inch of radial ice) with wind, for a minimum of 85 knot winds at the proposed location; and meets the minimum safety requirements and margins according to FCC requirements in their current adopted standards and revisions and also as follows:

Indicates the height above grade for all potential mounting positions for co-located antennas and the minimum separation distance between antennas.

Description of the tower's capacity, including the number and type of antennas that it can accommodate.

Statement detailing current FCC information concerning wireless telecommunications towers and radio frequency admission standards as well as information on the projected power density of the proposed facility and how it meets the FCC standards.

A letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing rates and standard terms. The letter of commitment shall be recorded prior to the issuance of any building permits. The letter shall commit the tower owner and his successors in interest to this obligation. However, the City of Wildwood has the first right of refusal to locate public safety equipment on any tower for consideration before the Planning and/or Zoning Board.

Statement of voluntary commitment to allow the City of Wildwood to locate public safety equipment on any tower, in accordance with design of the tower's capacity.

Cessation of Use. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations of the site shall be submitted at the time of the application.

Visual Impact Study. A visual impact study, graphically simulating through models, computer-enhanced graphics or similar techniques the appearance of any proposed tower and indicating its view from at least five locations around and within one mile of the proposed wireless telecommunications tower where the wireless telecommunications tower will be most visible, shall be submitted. Aerial photographs of the impact area shall also be submitted.

Design Requirement. Telecommunications towers shall prefer the style of alternative facility design or mounted to a principal structure or secondary, be a monopole design unless the Board determines that an alternative design would better blend into the surrounding environment or is necessary for the co-location of additional antennas on the tower.

Aesthetics. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower and related facilities to the natural setting and built environment. The towers themselves shall be of a color appropriate to the tower's locational context so as to make it as unobtrusive as possible in accordance with this section, unless otherwise required by the FAA. To the extent that any local communications facility or its supporting new tower extends above the height of the vegetation immediately surrounding it, they shall be painted in accordance with this section.

Accessory Utility Buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view in accordance with Subsection (13)[1] herein, except where a design of nonvegetative screening buffer reflects and complements the architectural character of the surrounding neighborhood. A landscape plan shall be submitted for review of proposed screening.

Landscaping by evergreen plantings or species native to the southern New Jersey barrier islands environment shall be provided along the perimeter of a security fence to provide a visual screen or buffer for adjoining private residential properties and the public right-of-way. Required front yard setbacks shall be landscaped. Existing on-site vegetation shall be preserved or improved, and disturbance of existing topography shall be minimized unless such disturbance would result in less visual impact of the site to the surrounding area. Any access road to the local communications facility shall be landscaped or be oriented in such a way as to preclude a direct view of the facility from a public venue. The following shall apply:

The following standards shall apply to clearing and landscaping for construction of new local communications facilities:

Equipment buildings and compounds may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes.

No lighting is permitted on a wireless telecommunications tower except lighting that specifically is required by the FAA, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby residential properties.

The FTA gives the FCC sole jurisdiction over the field of regulation of radio frequency (RF) emission, and telecommunications towers that meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning wireless telecommunications towers and radio frequency emissions standards. Applicants for telecommunications towers shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.

At annual intervals from the date of the issuance of the conditional use permit, the applicant shall submit measurement of the noise and the RF emissions from the local communications facility. Such measurements shall be made by a qualified technician, which shall certify that the measurements are within applicable limits.

Preapplication Conference. Early consultation by applicants with municipal officials and representatives of NJDEP is encouraged so that all information necessary for an informed decision is submitted and delays are avoided. As such, prior to submission of a development application for approval of a local communications facility in accordance with this section, the applicant may request to convene with the appropriate Board at a public meeting in order to discuss the proposed facility in general terms and to clarify the filing requirements. Upon receipt of a written request for a preapplication conference, the Board will meet with the applicant at the next regularly scheduled meeting of the Board for which adequate public notice can be provided. There are no formal filing requirements for this conference; however, the applicant is encouraged to prepare sufficient preliminary architectural and engineering drawings to inform the Board of the general location and likely scale and design of the facility. Failure to request such a conference will not prejudice any subsequent consideration of a formal application by the Board.

Site plan approval by the appropriate Board shall be required before any new local communications facility may be erected. The following information is in additional to Section 800 and shall be submitted to the appropriate Board for its review:

The intrusion shall be into the front yard only if it is impossible to provide handicapped access to the side or rear of the residential premises.

A handicapped person resides or will reside in the dwelling.

The intrusion into the front, side or rear yard shall not be allowed any closer than four feet to the applicable property line.

The applicant for handicapped access ramp approval shall demonstrate to the Zoning Officer that there is no other way than that proposed to construct a handicapped ramp so as not to protrude into the front, side or rear yard.

The ramp shall be constructed so as to comply with all applicable construction standards as to size, slope and other details.

The foregoing approval shall only be permitted in conjunction with residential housing defined herein as single-family detached, twin or two-family, duplex, or semidetached. No such approval shall be granted in connection with any other type of housing, and no such approval shall be granted in any case with regard to commercially used property.

A certification from the Zoning Officer shall be required indicating compliance with all the aforesaid requirements before a construction permit may be issued for the proposed ramp.

No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residential building.

Private residential swimming pools shall be a permitted accessory use and shall be located only in rear yards and the rear 50% of a side yard. Swimming pools are prohibited in front yards.

Pools shall occupy no more 25% of the yard area(s) in which it is located or a maximum of 800 square feet as measured along the surface of the water, whichever is smaller.

A pool itself and any apron, accessory building, structure and equipment shall all be located at least six feet from all property lines or building. Pools adjacent to a bulkhead shall be located at least 10 feet from the bulkhead. Pools adjacent to bulkheads may require CAFRA review.

A private residential swimming pool area must be enclosed by a suitable fence with a positive, self-latching gate at least four feet, but no more than six feet; except that, in lieu of the prescribed fence, aboveground pools with vertical side walls four feet or more in height may be equipped with a ladder or steps which can be repositioned or removed when the pool is not in active use.

A private residential pool may be lighted by both underwater and exterior lights, provided that all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties. All light standards used for exterior lighting shall not exceed 12 feet in height.

No loudspeakers or amplifying devices which can be heard beyond the lot lines of the lot on which said facility is located shall be used in connection with such recreation facilities.

Shower enclosures, pool filters, and circulating pumps, and HVAC equipment may extend into the largest side yard setback, provided that a six-foot side yard setback is maintained, and that shower enclosures do not exceed a height of eight feet above TOC, and HVAC equipment and associated screening does not exceed a height of six feet above TOC.

In-ground swimming pools and associated fencing, circulating pumps, heaters and filters are permitted as per the applicable requirements of this chapter.

Private residential swimming pools that conform to the requirements of this section shall not be included in any calculation for the total maximum foot of accessory structures as listed in the individual district regulations found in Section 400.

Single-family detached and single family semidetached (duplex) dwelling units are exempt from submitting a site plan for a private residential swimming pool that conforms to the requirements of this section.

Public and commercial pools shall be located within an area not less than 1,000 square feet that is devoted to the use of the pool and for such adjacent uses as lounge chairs, shuffleboard or walking areas around the pool.

The water area of any public or commercial pool and/or separate swimming tank shall be no closer to any property line than the setback distances prescribed for accessory uses in the applicable zoning district as prescribed in this chapter or eight feet, whichever is more stringent.

The varying depths of the pool shall be prominently marked in the pool as well as at the edge of the pool with wear-resistant, legible paint.

The pool shall be lighted both internally and externally, but in no case shall any light be directed in a direct or indirect fashion upon any adjacent property. If any portion of the pool, part of the land devoted to the use of the pool, light standard(s) or loudspeakers are located closer to any residential building or any property line than 15 feet, adequate buffers of trees and shrubs, at suitable height to be effective, shall be provided to protect against light and sound.

The total land devoted to the use of the pool shall be enclosed with a fence no less than four feet in height but no more than six feet. The fence shall be equipped with a positive, self-latching gate which shall be locked to prevent intruders when the pool is closed. All public or commercial pools shall utilize safety covers when closed for the season to prevent accidental death, drowning and/or injury. Indoor pools confined within a building structure are exempt from this requirement.

Open rooftop pools shall have a fence no lower than seven feet in height from the pool deck surrounding the roof perimeter and be constructed of a material that makes the fence unclimbable. Rooftop pools shall have an intercom or telephone system with direct voice access to building management. A video or CATV system with a viewing terminal at the office of building management shall always be operable and focused on the pool when the rooftop pool is open to the public and/or residents of the building structure.

No public or commercial pool shall be constructed or installed unless approved by the Board as part of a site plan approval. All pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the applicable construction code as adopted by the NJDCA, the National Swimming Pool Institute, or the Swimming Pool Code of New Jersey, 1970, whichever is more stringent.

Public or commercial pools shall be constructed or installed with the highest technology and efficiencies for energy savings or maximize the use of environmentally friendly LEED building systems and technologies as well as the use of green building practices for buildings and mechanical systems and shall use pool or solar covers to retain heat (if so equipped) when the pool is closed. (Note: Leadership in Energy and Environmental Design.")

In-ground swimming pools and associated fencing, circulating pumps, heaters and filters are permitted as per the applicable requirements of this chapter.

A satellite dish antenna shall function only as a receiving station and not as a transmitting station. Both ground-level, freestanding, ground-mounted and roof/eave-mounted satellite dish antennas shall be permitted. Roof/eave-mounted antennas are encouraged. No antenna is permitted to be installed on the front facade of a building or structure when viewed from the street right-of-way or to any windowsill of any principal structure. No antenna maybe located in a front or side yard. Ground-mounted satellite dish antennas may be installed only in the rear yard area of any lot, and the proposed location of a satellite dish antenna shall not be located within five feet of any property line. Ground-mounted satellite dish antennas shall be located within an adequately fenced area or have other safety devices provided to protect inadvertent impacts to the antenna or pole as may be required.

A satellite dish antenna may not be placed on any lot which does not contain a permitted principal structure.

Owners of lots of record shall be responsible for any damage incurred by satellite dish antennas becoming detached by storm, wind, inclement weather and causing injury and/or damage to other persons, structures and/or property.

A satellite dish antenna shall not exceed 10 feet in diameter and shall be effectively screened with nondeciduous plantings at least four feet to five feet in height and, to the greatest extent possible, shall blend with the immediately surrounding area. Unless impracticable, all satellite dish antennas shall be of the latest technology as to size and shape.

The overall height from the point of installation to the highest point of the antennas, or any attachments thereto when extended to their full height, shall not exceed 12 feet. In no event shall the natural grade of the subject premises be changed by any means in order to increase the elevation of the satellite dish antennas.

No principal permitted structure shall have more than one satellite dish antenna. Structures above 35 feet in height shall be limited to one antenna for all residents of the structure. Wires and cables running between the antenna and any structure shall be properly installed and concealed in accordance with the Uniform Construction Code.

Portable mounted satellite dishes are prohibited in all zones, except for demonstration purposes only. Said mobile unit shall not be permitted to remain on any property for more than 48 hours.

Satellite dish antennas shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent structures and nearby areas.

No form of advertising or identification shall be placed on the satellite dish antennas other than an imprinted logo or label of the manufacturer and/or installer, which label shall be no larger than 36 square inches.

The City, along with representatives of North Wildwood, has developed a set of design guidelines for the Wildwoods Boardwalk. Prepared under a Smart Growth Grant from the New Jersey Department of Community Affairs, Office of Smart Growth, this effort analyzed historic and current Boardwalk architecture and developed a set of architectural features to be encouraged for Boardwalk buildings and a companion set of features which should be discouraged.

The proposed windmill will not block, interfere or otherwise impair a scenic vista or corridor or the view for an adjoining residential structure.

The primary purpose of a proposed windmill(s) will be to provide power for the principal use of the property whereon said windmill(s) is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a windmill designed to meet the energy needs of the principal use.

The windmill and its location on the property involved shall be designed to eliminate any nuisances to surrounding properties and to limit any noise from said windmill from being heard off the property where said windmill is located. The actual side and rear yard setbacks for a windmill shall be determined by the Planning and/or Zoning Board as applicable, and shall be based upon the height of the proposed windmill.

No variance shall be granted in connection with a proposed windmill to permit a height greater than 1.5 times the height of the principal use (i.e., maximum building height) allowed by the designated zoning district or the placement of a windmill so close to a property line as to result in any portion of the windmill at any time, whether erect or in the event the windmill should fall or be toppled, to overhang, cross or otherwise extend beyond the property line(s) and/or street right-of-way line.

No windmill shall be located in any required front yard area.

The minimum lot size required for the erection, construction or placement of a windmill on a property shall be the minimum lot size for the designated zoning district.

Governmentally sponsored windmills may be installed in any zoning district, exclusive of any district bulk requirement, as authorized by City Commission.

No energy conservation or communications equipment shall be located in any required front yard area to the extent practical given the need for solar access in the case of energy conservation equipment.

Energy conservation or communications equipment shall not be attached to the front facade or roof area of any structure or building wherever practical given the requirements for said equipment such as solar access or radio reception.

When any antenna is located within 20 feet of adjoining property, it shall be screened with plant material to the extent practical to reduce unsightly appearance without affecting performance.

No communication equipment shall be permitted which causes interferences or problems for adjoining properties communication equipment or reception of television, radio or other communication signals.

Wherever practical and possible, energy conservation and communication equipment shall be so located on a property so as not to be visible from the street.

Construction and erection of such equipment shall be subject to the Uniform Construction Code and shall at no time constitute a threat to public safety, health or welfare.

Such related equipment shall have a maximum square footage of 10 square feet with a maximum height of two feet, and must be so located and installed in accordance with the applicable setback and other requirements of the zone in which the property is classified.

A related unstaffed equipment cabinet may be installed on a rooftop of a building on privately owned land which is at least 15 feet in height, provided it and all other roof structures do not occupy more than 25% of the roof area.

A private small-cell telecommunications antenna may be located on the exterior of public property or attached to an existing support structure owned or operated by the City of Wildwood and shall be a permitted use in all zones. The use of any property owned or operated by the City shall be at the discretion of the City Commission and shall not be subject to the same conditions and requirements as are applicable to such facilities on privately owned property. The City Commissioners may, but are not required to, hold a public hearing prior to their decision to allow the use of property owned or under the control of the City.

A private small-cell telecommunications antenna may be located on the exterior of public property or attached to an existing support structure owned or operated by a county, state, federal or other non-City governmental agency or on the property of an independent fire department or rescue squad subject to the same conditions and requirements as are applicable to such facilities on privately owned property.

Prior to approval of an installation or minor modification permit for telecommunications facilities, the applicant shall specify whether the application is subject to any Federal Communications Commission application requirements and, if so, identify whether it must be reviewed under regulations implementing § 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012,[1] § 332(c)(7) of the Telecommunications Act of 1996, or other applicable federal laws or regulations.

Prior to approval of an installation or minor modification permit for telecommunications facilities, the application must demonstrate that the proposed development meets the requirements of this section; provide a safety report demonstrating that the structure can safely accept installation of the additional telecommunications facilities; provide proof that it is a licensed provider and will comply with all federal, state, and City laws and regulations, including those relative to wireless services; provide any other relevant information required by the City; and if the installation is within or crosses a right-of-way, demonstrate compliance with all applicable right-of-way permit requirements, including any prior right-of-way agreements.

The size, location and appearance of the small-cell telecommunications equipment or minor modification will be subject to Planning and Code Administration staff review and approval. Where Planning and Code Administration staff conclude a proposed installation does not constitute a minor modification or does not meet other applicable requirements, City staff may deny approval or refer it to the Board of Adjustment for further review and a final decision.