The regulations and requirements of this Article are intended to:

(A)

Promote the health, safety and general welfare of the citizens by regulating the siting of telecommunications towers;

(B)

Provide for the appropriate location and development of telecommunication towers and antennas within the City;

(C)

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

(D)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;

(E)

Protect residential areas and land uses from potential adverse impacts of telecommunication towers and antennas by maximizing use of any new or existing telecommunication towers through shared use, i.e., co-location, to reduce the number of towers needed;

(F)

Establish procedural requirements and substantive criteria applicable for the review and approval or denial of applications for eligible facilities modification;

(G)

Ensure that application submittal requirements are related to information reasonably necessary to the determination of whether or not the proposed modification will result in a substantial change in the physical dimensions of the eligible structure;

(H)

Exempt facilities modifications approved under this Article as eligible facilities requests from zoning and development regulations that are inconsistent with Section 6409 of the Spectrum Act and F.S. Chapter 337; and

(I)

Preserve the City's right to continue to enforce and condition approvals under this Article on compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety.

(Ord. No. 2017-008, § 2, 1-9-18)

Accessory use: A use incidental to, subordinate to, and subservient to the main use of the property.

Antenna: A transmitting and/or receiving device used for personal wireless services that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations.

Applicant: In this Section, shall mean a person and such person's successor in interest owning and/or operating the transmission equipment proposed in an eligible facilities modification application to be collocated, removed or replaced.

Base station: A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. This term does not include small wireless facilities in the City's right-of-way. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base station includes but is not limited to:

(1)

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul;

(2)

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small-cell networks); and

(3)

Any structure other than a tower that, at the time the relevant application is filed with City under this Article, supports or houses equipment described in subparagraphs (1), (2) above, and that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

Collocation: The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Eligible facilities modification application or application: A written document submitted to the City pursuant to this Article for review and approval of a proposed facilities modification.

Eligible facilities modification: Any proposed facilities modification that has been determined to be subject to the provisions of this Article and which does not result in a substantial change in the physical dimensions of an eligible support structure.

Eligible facilities modification permit: A written document issued by the City pursuant to this Article, approving an eligible facilities modification application.

Eligible support structure: Any tower or base station as defined in this Section, provided that it is existing at the time the relevant application is filed with the City under this Article.

Existing: A constructed tower or base station is existing for purposes of this Article if it has been reviewed or approved under the applicable zoning or siting process of the City.

Guyed tower: A telecommunication tower that is supported, in whole or in part, by guy wires and ground anchors.

Microwave dish antenna: A dish-like antenna used to link personal wireless service sites together by wireless transmission of voice or data.

Monopole tower: A telecommunication tower consisting of a single pole or spire, self-supported by a permanent foundation, constructed without guy wires and ground anchors.

Panel antenna: An array of antennas designed to concentrate a radio signal in a particular area.

Personal wireless service: Commercial mobile services, licensed wireless services, and common carrier wireless exchange access services, and shall include "wireless service" as defined in F.S. § 365.172, as amended, as well as "personal wireless services" as defined in 47 USC § 322(c)(7)(C)(i), as amended.

Personal wireless service facilities: Facilities for the provision of personal wireless services. A power, light, or other utility pole used exclusively as such prior to attachment of a personal wireless service facility shall not be considered a personal wireless service facility because of such attachment.

Proposed facilities modification: Any request for modification of an eligible support structure which the Applicant asserts is subject to review under Section 6409 of the Spectrum Act, and involving:

(1)

Collocation of new transmission equipment;

(2)

Removal of transmission equipment; or

(3)

Replacement of transmission equipment.

Self-support/lattice tower: A telecommunication tower that is constructed without guy wires and ground anchors.

Stealth facility: Any telecommunications facility that is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof mounted antennas, antennas integrated into architectural elements, and telecommunication towers designed to look like light poles, power poles or trees.

Substantial change: Shall mean and refer to the criteria set forth in Section 055-051 ULDR.

Telecommunication tower: A guyed, monopole or self-support/lattice tower, constructed as a freestanding structure, containing one or more antennas used in the provision of personal wireless services.

Tower: Any structure built for the sole or primary purpose of supporting any antennas and their associated facilities, licensed or authorized by the FCC, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed services such as microwave backhaul, and the associated site.

Transmission equipment: Equipment that facilitates transmissions for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Whip antenna: A cylindrical antenna that transmits signals in three hundred sixty (360) degrees.

(Ord. No. 2017-008, § 3, 1-9-18)

(A)

Freestanding telecommunication towers may be permitted only in (CF) Community Facilities Districts greater than four and one-half (4½) acres. On property owned by the City, the City shall authorize the application and use of City property after the applicant executes a lease agreement acceptable to the City. The City shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein.

(B)

Towers as part of existing utility poles may be permitted in the following zoning districts: B-1, B-2, B-3 and IL, subject to the following:

(1)

Towers shall be constructed as part of the existing utility poles or as replacements for the existing utility poles. No freestanding towers constructed exclusively for personal wireless services shall be permitted.

(C)

Freestanding telecommunication towers shall be permitted, as a conditional use, in the Industrial Limited District (IL) zoning district, provided the towers are an accessory use and subject to the procedure and requirements of the Code of Ordinances, the Zoning Code of Ordinances and other applicable rules and regulations. This provision does not preclude the use of vacant property in the IL zoning district; however, a monopole-type stealth facility must be utilized.

(D)

Exceptions. The location of a new telecommunications tower in any zoning district other than those districts specified in this Section must be approved as a special exception.

(E)

Minimum standards. Except where a special exception is granted, every telecommunications tower must meet the following minimum standards:

(1)

Prior to the issuance of a building permit by the Department, a site development plan shall be presented for approval to the Department. Each application for a proposed telecommunication tower shall include all requirements for site development plan approval as required by the City's Code of Ordinances, the Zoning Code of Ordinances and other applicable rules and regulations. The Director may waive all or some of these provisions for stealth towers that are designed to emulate existing structures already on the site, including, but not limited to, light standards or power poles.

(2)

A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the State of Florida, which through rational engineering analysis certifies the tower's compliance with applicable standards as set forth in the Florida Building Code, as may be amended, and any associated regulations, including Electronic Industry Association/Telecommunications Industry Association standard for wind load; and describes the tower's capacity, including an example of the number and type of antennas it can accommodate. No tower shall be permitted to exceed its loading capacity. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the tower. All towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate two (2) users and, at a minimum, self-support/lattice or guyed towers shall be able to accommodate three (3) users.

(3)

Height/setbacks and related location requirements.

a.

The height of a telecommunications tower shall not exceed one hundred fifty (150) feet. Tower height shall be measured from the crown of the road of the nearest public street.

b.

Telecommunication towers shall conform to the setbacks established for the underlying zoning district.

c.

Monopole, lattice or guyed telecommunication towers shall not be permitted within two hundred fifty (250) feet of any residential district.

d.

Monopole, lattice or guyed telecommunication towers shall not be located within seven hundred fifty (750) feet of any existing monopole, lattice or guyed telecommunication tower.

e.

All buildings and other structures to be located on the same property as a telecommunication tower shall conform with the setbacks established for the underlying zoning district.

(4)

Aircraft hazard. Prior to the issuance of a building permit by the Department, the applicant shall provide evidence that the telecommunication towers or antennas are in compliance with Federal Aviation Administration (FAA) regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required.

(5)

Approval required from other governmental agencies. Each application for a telecommunication tower may be required to include written approval or a statement of no objection from other federal or state agencies that may regulate telecommunication tower siting, design, and construction.

(6)

FCC emissions standards. All proposed telecommunication towers shall comply with current radio frequency emissions standards of the Federal Communications Commission.

(7)

Buffering.

a.

An eight (8) foot fence or wall, as measured from the finished grade of the site, shall be required around the base of any lattice tower and may be permitted around any accessory buildings or structures.

b.

Landscaping, consistent with the requirements of Article 150, Landscaping, shall be installed around the entire perimeter of any fence or wall. Additional landscaping may be required around the perimeter of a fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties. The City Commission may require landscaping in excess of the requirements of the City Code in order to enhance compatibility with adjacent residential and non-residential land uses. Landscaping shall be installed on the outside of the perimeter fence or wall.

c.

Landscaping consistent with perimeter and on-site requirements of Article 150 shall be installed around any accessory buildings or structures.

(8)

High voltage and "No Trespassing" warning signs.

a.

If high voltage is necessary for the operation of the telecommunications tower or any accessory structures, "HIGH VOLTAGE—DANGER" warnings signs shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart.

b.

"NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart.

c.

The letters for the "HIGH VOLTAGE—DANGER" and "NO TRESPASSING" warning signs shall be at least six (6) inches in height. The two (2) warning signs may be combined into one sign. The warning signs shall be installed at least five (5) feet above the finished grade of the fence.

d.

The warning signs may be attached to freestanding poles if the content of the signs may be obstructed by landscaping.

(9)

Equipment storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the telecommunication tower, unless repairs to the tower are being made.

(10)

Removal of abandoned or unused facilities. All abandoned or unused telecommunication tower facilities shall be removed by the tower owner/operator within ninety (90) days of the cessation of use. A tower shall be considered abandoned if use has been discontinued for one hundred eighty (180) consecutive days. Telecommunication towers being utilized for other purposes, including, but not limited to, light standards and power poles, may be exempt from this provision.

(11)

Signs and advertising. The use of any portion of a tower for signs or advertising purposes, including company name, banners, streamers, etc., shall be strictly prohibited.

(12)

Accessory buildings or structures. All accessory buildings or structures shall meet all building design standards as listed in the City's Code of Ordinances, the ULDR, and in accordance with the provisions of the Florida Building Code. All accessory buildings or structures shall require a building permit issued by the Department.

(13)

Colors. Except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommunications towers, telecommunications towers shall be painted or constructed in neutral colors, designed to blend into the surrounding environment.

(14)

Non-interference. Each application to allow construction of a telecommunication tower shall include a certified statement that the construction and placement of the tower will not interfere with public safety communications.

(F)

Inspections.

(1)

Telecommunication tower owners' shall submit a report to the Department, certifying structural and electrical integrity on the following schedule:

a.

Monopole towers: At least once every five (5) years;

b.

Self-support/lattice towers: At least once every two (2) years; and

c.

Guyed towers: At least once every two (2) years.

(2)

Inspections shall be conducted by an engineer licensed to practice in the State of Florida. The results of such inspections shall be provided to the Department. Based upon the results of an inspection, the building official may require repair or removal of a telecommunication tower.

(3)

The Department may conduct periodic inspections of telecommunication towers to ensure structural and electrical integrity. The owner of the telecommunications tower may be required by the City to have more frequent inspections should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.

(G)

Construction of any tower type other than stealth and monopole, including, but not limited to, lattice and guyed towers, shall require a special exception.

(H)

Telecommunications towers are prohibited when a proposed or existing principal use includes the storage, distribution, or sale of volatile, flammable, explosive, or hazardous wastes such as LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals.

(Ord. No. 848, 10-14-03; Ord. No. 2017-008, § 4, 1-9-18)

(A)

Antennas shall be permitted as follows:

(1)

Stealth rooftop or building mounted antennas may be permitted as an accessory use in the following zoning districts:

a.

(B-2) Central Business.

b.

(B-3) General Business.

c.

(IL) Industrial Limited.

d.

(CF) Community Facility.

(2)

Non-stealth rooftop or building mounted antennas shall only be conditionally permitted as an accessory use in the following zoning districts subject to the procedure and requirements provided elsewhere in the ULDR:

a.

(B-2) Central Business.

b.

(B-3) General Business.

c.

(IL) Industrial Limited.

d.

(CF) Community Facility.

(B)

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

(1)

Building rooftop stealth antennas shall be subject to the following minimum standards:

a.

No commercial advertising shall be allowed on an antenna;

b.

No signals, lights, or illumination shall be permitted on an antenna, unless required by the Federal Communications Commission or the Federal Aviation Administration;

c.

Any related unmanned equipment building shall not contain more than seven hundred fifty (750) square feet of gross floor area or be more than twelve (12) feet in height;

d.

If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than twenty-five (25) percent of the roof area;

e.

Any and all equipment buildings shall be architecturally compatible with the building upon which it is located; and

f.

Each application shall contain a rendering or photograph of the antenna including, but not limited to, colors and screening devices. This shall be subject to administrative approval for consistency with the definition of stealth facility.

(2)

Building rooftop non-stealth antennas shall be subject to the following minimum standards:

a.

Antennas shall only be permitted on buildings which are at least fifty (50) feet tall. Antennas may be placed on buildings less than fifty (50) feet tall in the CF district if public safety needs warrant the antenna;

b.

Antennas may not extend more than twenty (20) feet above the highest point of a roof. Antennas may exceed twenty (20) feet above the roof in the CF district if public safety needs warrant additional height;

c.

Antennas, and related equipment buildings, shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which it is situated;

d.

No commercial advertising shall be allowed on an antenna;

e.

No signals, lights, or illumination shall be permitted on an antenna, unless required by the Federal Communications Commission or the Federal Aviation Administration;

f.

Any related unmanned equipment building shall not contain more than seven hundred fifty (750) square feet of gross floor area or be more than twelve (12) feet in height; and

g.

If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than twenty-five (25) percent of the roof area.

(3)

Antenna types. To minimize adverse visual impacts, stealth antenna types shall be preferred. If a non-stealth antenna is proposed, the application shall be required to demonstrate, in a technical manner acceptable to the City staff, why the stealth antenna cannot be used for the particular application. This does not preclude a combination of the various types of antenna.

(4)

Antenna dimensions. Antenna dimensions shall be approved by the Director as required by existing technology. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the State of Florida, to certify the need for the required dimensions.

(5)

Aircraft hazard. Prior to the issuance of a building permit by the Department, the applicant shall provide evidence that the telecommunication towers or antennas are in compliance with Federal Aviation Administration (FAA) regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required.

(6)

Exceptions. The location of a new antenna in any zoning district other than those districts specified in this Section shall be prohibited unless approved as a special exception.

(Ord. No. 2017-008, § 4, 1-9-18)

(A)

Except to the extent prohibited by the Spectrum Act, as amended, to minimize adverse visual impacts associated with the proliferation and clustering of telecommunication towers, co-location of facilities on existing or new towers shall be encouraged by:

(1)

Only issuing permits to qualified shared facilities at locations where it appears there may be more demand for towers than the property can reasonably accommodate; or

(2)

Giving preference to qualified shared facilities over other facilities in authorizing use at particular locations.

(B)

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

(1)

The facility is appropriately designed for sharing; and

(2)

The facility owner is prepared to offer adequate space on the facility to others on fair and reasonable, nondiscriminatory terms.

(C)

To satisfy the requirements of subsection (B)(1) of this Section, the facility owner must submit a written evaluation of the structural capacity of the tower.

(D)

The requirements of subsection (B)(1) of this Section will be deemed to have been met if the facility owner shows that it has executed a joint use agreement with at least one other unaffiliated entity for shared use, and agrees to offer a similar contract to others. In other cases, the facility owner must enter into an agreement with the City, acceptable to the City, to offer space on fair, reasonable, nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay. A condition of any permit for a qualified shared facility shall be that the permit shall be terminated, and the facility removed, if the City finds that the facility owner is not complying with its obligations under this Section and associated agreements with the City.

(E)

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

(1)

A written evaluation of the feasibility of sharing a telecommunication tower, if an appropriate telecommunication tower or towers is/are available. The evaluation shall analyze one or more of the following factors:

a.

Structural capacity of the tower or towers;

b.

Radio frequency interference;

c.

Geographical service area requirements;

d.

Mechanical or electrical incompatibility;

e.

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

f.

Availability of towers for co-location;

g.

Any restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the tower;

h.

Additional information requested by the City.

(2)

The City may deny an application if an available co-location is feasible and the application is not for such co-location.

(F)

A telecommunication tower that is determined to be inappropriate for sharing shall be assumed to be inappropriate for sharing the same types of facilities in the future. Such towers will not need to be evaluated in the future regarding sharing with the same type of facility for which it has been determined to be inappropriate. The Department shall retain a list of such towers, and will provide a copy of the list to all potential applicants. The City may require additional sharing feasibility evaluations if warranted by changes in technology.

(G)

For any telecommunications tower approved for shared use, the owner of the tower shall provide notice of the location of the telecommunication tower and the tower's load capacity to all other providers.

(Ord. No. 2017-008, § 5, 1-9-18)

(A)

The City shall act promptly on any application submitted in accordance with the provisions of this Article that are not subject to Section 055-070 of the ULDR. The reasons for rejecting any application filed under these provisions shall be explained, set forth in writing and based on substantial evidence. The rejection of an application under this Article does not prevent a person from filing an application for a special exception in accordance with applicable law.

(B)

The issuance of a permit, however, is not a lease and no municipally owned property may be used without a lease agreement with the City. The City may, as appropriate to protect its property and the public interest, establish additional requirements beyond the minimum requirements of a permit for municipally owned property. This provision further does not preclude the City from issuing a letter of interest for the purposes of leasing sites on designated City property for the construction and installation of personal wireless service facilities. For designated neighborhood parks, the City will encourage the installation of facilities that have a minimal impact on the surrounding areas and are consistent with the development of the park.

(Ord. No. 2017-008, § 5, 1-9-18)

(A)

The City shall approve proposed facilities modification applications that do not substantially change the physical dimensions of a tower or base station and comply with the requirements as set forth in this Section.

(B)

Substantial change criteria. A proposed facilities modification will substantially change the physical dimensions of an eligible support structure if it meets any of the following criteria:

(1)

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten (10) percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater;

(2)

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of appurtenance to whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

(3)

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for technology involved, but not to exceed four (4) cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinet associated with the structure;

(4)

It entails any excavation or deployment outside the current site;

(5)

It would defeat the concealment elements of the eligible support structure; or

(6)

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in this Section.

(C)

This Section shall not apply to proposed facility modifications to an eligible support structure that is not a legal conforming, or legal non-confirming structure at the time a completed eligible facilities modification application is filed with the City.

(D)

This Section shall not apply to a proposed facility modification to a structure, other than a tower, that does not, at the time of submittal of the application, already house or support transmission equipment lawfully installed within, or upon, or attached to, the structure.

(E)

Eligible facilities modification application requirements. Applications for eligible facilities modification must meet the following standards:

(1)

All applications for eligible facilities modification shall be in writing and accompanied by the applicable application and fee established by resolution of the City Commission, and attested to by the authorized person submitting the application on behalf of the applicant, certifying the truth and accuracy of the information provided in the application.

(2)

No application for eligible facilities modification shall be approved unless it includes the following information:

a.

The legal and dba names, mailing address, tax identification number, and contact phone number(s) of applicant.

b.

If a corporation, the name and address of the registered agent of applicant in the State of Florida and the state of incorporation of the applicant.

c.

If applicant is an entity, other than a corporation, such a partnership or limited liability company, the names and business addresses of the principles.

d.

An assertion that the proposed facilities modification is subject to review under Section 6409 of the Spectrum Act.

e.

If the applicant is not the owner or person in control of the eligible support structure and/or site, the following shall be required:

(i)

An attestation that the owner or person in control of the eligible support structure and/or site has consented to the proposed facilities modification.

(ii)

If the eligible support structure is located in a public right-of-way, the applicant must also attest that applicant has authorization to install, maintain and operate transmission equipment in, under and above the public right-of-way.

f.

If the applicant proposes a modification that will result in an increase in height of the eligible support structure, the following shall be required:

(i)

Record drawings, as built plans, or the equivalent, showing the height of the eligible support structure, (1) as originally constructed and granted approval by the City or other applicable local zoning or similar regulatory authority, or (2) as of the most recent modification that received City, or other local zoning or regulatory approval, prior to the passage of the Spectrum Act, whichever height is greater.

g.

If the applicant proposes a modification to an eligible support structure, which structure, or proposed modification of the same, is subject to pre-existing restrictions or requirements imposed by a reviewing official or decision-making body pursuant to authority granted under the City Code, or an ordinance or a municipal code of another local government authority, the following shall be required:

(i)

A copy of the document (e.g., CUP or SUP) setting forth such pre-existing restrictions or requirements together with a certification that the proposed facilities modification conforms to such restrictions or requirements; provided that, such certification shall have no application to the extent the proposed facilities modification relates solely to an increase in height, increase in width, addition of cabinets, or new excavation, that does not result in a substantial change in the physical dimensions of the eligible support structure.

h.

If the applicant proposes a modification to an eligible support structure, which structure, or proposed modification of the same, is subject to pre-existing concealment restrictions or requirements, or was constructed with concealment elements, the following shall be required:

(i)

Applicant shall set forth the facts and circumstances demonstrating that the proposed modification would not defeat the existing concealment elements of the eligible support structure.

(ii)

If the proposed modification will alter the exterior dimensions or appearance of the eligible support structure, applicant shall include a detailed visual simulation depicting how the eligible support structure will appear after the proposed modification is complete. The visual simulation shall depict to scale the eligible support structure in relation to the trees, landscaping and other structures adjacent to, or in the immediate vicinity of, the eligible support structure.

i.

If the applicant proposes a modification that will protrude from the edge of a non-tower eligible support structure, the following shall be required:

(i)

Record drawings, as-built plans, or the equivalent, showing at a minimum the edge of the eligible support structure at the location of the proposed modification.

j.

If the applicant proposes a modification to an eligible support structure that will include any excavation or would result in a protrusion from the edge of a tower that exceeds an existing protrusion of any transmission equipment attached to a tower, or would protrude from the edge of a non-tower eligible support structure, the following shall be required:

(i)

A description of the boundaries of the site together with a scale drawing based on an accurate traverse, with angular and lineal dimensions, depicting the boundaries of the site in relation to the tower or base station proposed to be modified and depicting the proposed location, elevation and dimensions of the new or replacement transmission equipment.

(ii)

The City may require a survey by a land surveyor licensed in the State of Florida when, in the judgment of the approval authority, a survey is reasonably necessary to verify the boundaries of the site to determine if the proposed facilities modification would result in a substantial change in the physical dimensions of the eligible support structure.

k.

If the applicant proposes a modification to the eligible support structure that includes hardening through structural enhancement, the following shall be required:

(i)

A technical report by a qualified engineer accredited by the State of Florida, demonstrating that the structural enhancement is performed in connection with and is necessary to support the proposed collocation, removal, or replacement of transmission equipment and conforms to applicable code requirements.

(ii)

The City may retain the services of an independent technical expert to review, evaluate, and provide an opinion regarding the applicant's demonstration of necessity.

l.

If the applicant proposes a modification to a tower, the following shall be required:

(i)

A stamped report by a State of Florida registered professional engineer demonstrating that the tower with the proposed modifications will comply with applicable structural, electrical and safety codes, including by way of example, and not limitation, EIA/TIA-222-Revision G, published by the American National Standards Institute (as amended), allowable wind speed for the applicable zone in which the tower is located, and describing the general structural capacity of the tower with the proposed modifications, including:

1.

The number and type of antennas that can be accommodated;

2.

The basis of calculation of capacity; and

3.

A written statement that the proposed complies with all federal guidelines regarding interference and ANSI standards as adopted by the FCC, including but not limited to nonionizing electromagnetic radiation (NIER) standard.

(ii)

The City may retain, at the expense of the applicant, the services of an independent technical expert to review, evaluate and provide an opinion regarding the applicant's demonstration of compliance.

m.

If the applicant proposes a modification to a base station, the following shall be required:

(i)

A stamped report by a State of Florida registered professional engineer demonstrating that the base station, with the proposed modifications, will comply with applicable structural, electrical and safety codes.

n.

If the applicant proposes a modification requiring, alteration to the eligible support structure, excavation, installation of new equipment cabinets, or any other activities impacting or altering the land, existing structures, fencing, or landscaping on the site, the following shall be required:

(i)

A detailed site plan and drawings, showing the true north point, a graphic scale and, drawn to an appropriate decimal scale, indicating and depicting:

1.

The location, elevation and dimensions of the existing eligible support structure;

2.

The location, elevation and dimensions of the existing transmission equipment;

3.

The location, elevation and dimensions of the transmission equipment, if any, proposed to be collocated or that will replace existing transmission equipment;

4.

The location, elevation and dimensions of any proposed new equipment cabinets and the intended use of each;

5.

Any proposed modification to the eligible support structure;

6.

The location of existing structures on the site, including fencing, screening, trees, and other significant site features; and

7.

The location of any areas where excavation is proposed showing the elevations, depths, and width of the proposed excavation and materials and dimensions of the equipment to be placed in the area excavated.

o.

Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by 47 C.F.R. Part 1 (PART 1 -PRACTICE AND PROCEDURE), Section 1.1307, as amended, or, in the event that an FCC environmental assessment is not required, a statement that described the specific factors that obviate the requirement for an environmental assessment.

(F)

Review of application.

(1)

The Community Development Services Department shall review applications for eligible facilities modification pursuant to this Section, to determine whether the application qualifies.

(2)

The Community Development Services Department shall notify the applicant within thirty (30) days after the date the application is initially submitted or additional information resubmitted, whether the application is properly completed in compliance with the City's requirements. If the application is not completed in compliance with the City's requirements, the Community Development Services Department shall so notify the applicant in writing delineating all missing documents and information required in the application that if are cured would deem the application properly completed.

(3)

Upon resubmission of information to cure the stated deficiencies, the Community Development Services Department shall notify the applicant, in writing, no later than ten (10) days after the additional information is submitted, of any remaining deficiencies that must be cured, delineating missing information. If a specified deficiency is not properly cured when the applicant resubmits its application to comply with the notice of deficiencies, the Community Development Services Department may continue to request the information until such time as the specified deficiency is cured, or may establish a reasonable time frame within which the required information to cure the application deficiency is to be provided. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified herein. If the curative information is not provided within such time frame, the application will be considered withdrawn or closed and the application will be denied.

(4)

Completeness review; time limitation. The Community Development Services Department shall grant or deny a properly completed application for eligible facilities modification within sixty (60) days of the date of the applicant's submission of an application seeking approval under this Section, after it is determined to be properly completed. An application is deemed submitted or resubmitted on the date the application is received by the Community Development Services Department. The sixty (60) day review period begins to run when the application is filed and may be tolled by mutual agreement by the City and the applicant or in cases where the City's reviewing body determines that the applications is incomplete. The timeframe is not tolled by a moratorium on review of applications.

(G)

Eligible facilities modification permit. An eligible facilities modification permit issued pursuant to this Section, and any deemed approved application, shall be valid for a term of one hundred eighty (180) days from the date of issuance, or one hundred eighty (180) days from the date the application is deemed approved.

(Ord. No. 2017-008, § 6, 1-9-18)