§ 47-18.11. Communication towers, structures and stations.

A.

Findings.

1.

The Communications Act of 1934 as amended by the Telecommunications Act of 1996 ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction over all the following:

a.

Evaluating the environmental effects of radio frequency emissions from personal wireless services telecommunications facilities and the city may not regulate the placement, construction and modification of such facilities on that basis.

b.

The regulation of radio signal interference among users of the radio frequency spectrum.

2.

The city's regulation of towers and telecommunications facilities will not prohibit the provision of wireless telecommunications services.

B.

Purposes.

1.

The general purpose of this section is to regulate the placement, construction and modification of towers and telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city.

2.

Specifically, the purposes of this section are:

a.

To regulate the location of towers and telecommunications facilities in the city;

b.

To protect residential areas and other land uses from potential adverse impact of towers and telecommunications facilities;

c.

To minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques;

d.

To promote and encourage shared use (collocation) of towers and antenna support structures as a primary option rather than construction of additional single-use towers;

e.

To promote and encourage utilization of technological designs that will either eliminate or reduce the need for the erection of new towers to support antenna and telecommunications facilities;

f.

To avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified and maintained;

g.

To ensure that towers and telecommunications facilities are compatible with surrounding land uses.

C.

Definitions.

1.

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

a.

Antenna support structure means any building or other structure other than a tower which can be used for the location of telecommunications facilities.

b.

Applicant means any person that applies for a tower development permit.

c.

Application means all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning a request by the owner of property within the city (or his agent) to develop, construct, build, modify or erect a tower and telecommunications facilities upon such property.

d.

Engineer means any engineer licensed by the State of Florida. Radio frequency engineers do not have to be licensed by the state, however for purposes of this section, their qualifications must include specific experience in the field and employment or retention by the telecommunications provider in a professional technical capacity.

e.

Guyed tower means a tower that is supported, in whole or in part, by guy wires and ground anchors.

f.

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

g.

Owner means any person with fee title or a long term (exceeding ten (10) years) leasehold to any property within the city who desires to develop, construct, build, modify or erect a tower upon such property.

h.

Self-support lattice tower means a tower that is constructed without guy wires and ground anchors.

i.

Stealth means any tower or telecommunications facility which is designed to enhance compatibility with adjacent uses, including, but not limited to architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles and trees. The term "stealth" does not necessarily exclude the use of uncamouflaged self-support lattice, guyed or monopole tower designs.

j.

Telecommunications facilities means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of telecommunications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, the term telecommunications facilities shall not include:

i.

Any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned industrial or commercial; or

ii.

Any satellite earth station antenna one (1) meter or less in diameter, regardless of zoning category.

k.

Tower means a self-support lattice, guyed or monopole structure constructed from grade which supports telecommunications facilities. The term tower shall not include amateur radio operators' equipment, as licensed by the FCC.

2.

In addition, the definitions provided in Section 47-2, Measurements, and Section 47-35, Definitions, shall apply to this section, except where the context clearly indicates a different meaning or if in conflict with the definitions provided in this section.

D.

Development of towers.

1.

Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of one hundred fifty (150) feet. Towers may be permitted in excess of one hundred fifty (150) feet in accordance with subsection R, Criteria for Site Plan Development Modifications.

2.

No tower shall be built, constructed or erected in the city unless the tower is capable of supporting another operating telecommunications facility comparable in weight, size and surface area to the telecommunications facilities installed by the applicant on the tower within six (6) months of the completion of the tower construction.

3.

In addition to any applicable requirements set forth in Section 47-24, Development Permits and Procedures, an application to develop a tower shall include:

a.

The names, addresses and telephone numbers of all owners and the location of other towers or usable antenna support structures within a one-half (½) mile radius of the proposed new tower site, including city-owned property.

b.

An affidavit demonstrating that the applicant made diligent efforts for permission to install or collocate the applicant's telecommunications facilities on city-owned towers or usable antenna support structures located within a one-half (½) mile radius of the proposed tower site.

c.

An affidavit demonstrating that the applicant made diligent efforts to install or collocate the applicant's telecommunications facilities on towers or usable antenna support structures owned by other persons located within a one-half (½) mile radius of the proposed tower site.

d.

A description of the technological design plan proposed by the applicant in the city. Applicant must demonstrate why design alternatives to a tower, such as microcell design, cannot be utilized to accomplish the provision of applicant's proposed telecommunications services.

e.

Written, technical evidence from a qualified radio frequency engineer that the proposed tower or telecommunications facilities cannot be installed or collocated on another person's tower or usable antenna support structure located within a one-half (½) mile radius of the proposed tower site because of the coverage requirements of the applicant's wireless communications system.

f.

A written statement from a qualified radio frequency engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications service enjoyed by adjacent residential and non-residential properties.

g.

Written, technical evidence from an engineer(s) that the proposed structure meets the standards set forth in subsection F, Structural Requirements.

h.

Written, technical evidence from a qualified engineer(s) acceptable to the fire marshall and the building official that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, corrosive or other dangerous chemicals.

i.

Full color photo-simulations showing the proposed site of the tower with photo-realistic representations of the proposed tower as it would appear viewed from nearby residential properties and from adjacent roadways.

j.

The power density of applicant's telecommunications facilities and how such facilities meet the FCC's regulations on the environmental effects of radio frequency emissions. Such information may be made available to the general public upon request and as part of the city's Internet site. Applicant shall meet or exceed all such FCC regulations now or hereinafter adopted, and in the event by federal law or regulation jurisdiction is relinquished over wireless telecommunications facilities with respect to the environmental effects of radio frequency emissions, applicant shall meet or exceed any applicable city and other governmental regulations thereafter adopted.

E.

Setbacks.

1.

All towers up to one hundred (100) feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district; towers in excess of one hundred (100) feet in height shall be set back one (1) additional foot per each foot of tower height in excess of one hundred (100) feet. Setback requirements may be modified pursuant to subsection R.

2.

Setback requirements for towers shall be measured from the base of the tower to the perimeter of the property on which it is located.

F.

Structural requirements. All towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the Florida Building Code, and any other standards outlined in this section. All operational towers shall operate from a fixed location.

G.

Separation or buffer requirements.

1.

The separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower. Tower separation distances from residentially used or zoned property shall be measured from the base of a tower to the closest point of residentially used or zoned property. The minimum tower separation distances from residentially used or zoned property and from other towers shall be calculated and applied irrespective of municipal or county jurisdictional boundaries.

2.

Towers shall be separated from all residentially used or zoned property by a minimum of two hundred (200) feet or a distance equal to two hundred (200) percent of the height of the proposed tower, whichever is greater.

3.

Proposed towers must meet the following minimum separation requirements from existing towers or towers which have a development permit but not yet constructed at the time a development permit is granted pursuant to this section:

a.

Monopole towers shall be separated from all other towers, whether monopole, self-support lattice or guyed, by a minimum of seven hundred and fifty (750) feet.

b.

Self-support lattice or guyed towers shall be separated from all other self-support or guyed towers by a minimum of one thousand five hundred (1,500) feet.

c.

Self-support lattice or guyed towers shall be separated from all monopole towers by a minimum of seven hundred and fifty (750) feet.

H.

Method of determining tower height. Measurement of tower height for the purpose of determining compliance with all requirements of this section shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend more than twenty (20) feet over the top of the tower structure itself. Tower height shall be measured from grade.

I.

Illumination. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). If lighting is required by federal law and the tower is to be located a distance from residentially used or zoned property equal to or less than three hundred (300) percent of the tower height, dual mode lighting shall be requested from the FAA and installed upon FAA approval.

J.

Exterior finish. Towers not requiring FAA painting or marking, shall have an exterior finish which enhances compatibility with adjacent uses, as approved by the appropriate reviewing body pursuant to the applicable provisions of the ULDR.

K.

Landscaping. All landscaping on property containing towers, antenna support structures or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna support structure or telecommunications facilities are located. The city may require landscaping in excess of the requirements in Section 47-21, Landscape and Tree Preservation Requirements, in order to enhance compatibility with adjacent uses. Landscaping shall be installed on the outside of any fencing surrounding a tower or telecommunications facilities and shall be of a sufficient height and density to screen the fence.

L.

Access. Property upon which a tower is located must provide access to at least one (1) paved vehicular parking space on site, which is in compliance with applicable provisions of Section 47-20, Parking and Loading Requirements.

M.

Stealth. All towers which must be approved as a conditional use shall be of stealth design.

N.

Telecommunications facilities on antenna support structures.

1.

Any telecommunications facilities which are not attached to a tower may be permitted on any antenna support structure, regardless of the zoning restrictions applicable to the zoning district where the structure is located. The owner of such structure (or his agent) shall, by written certification to the zoning administrator, establish the following at the time plans are submitted for a building permit:

a.

That the height of the telecommunications facilities shall not exceed the height of the antenna support structure by more than twenty (20) feet.

b.

That any telecommunications facilities and their appurtenances, to be located on the primary roof of an antenna support structure, will be set back one (1) foot from the edge of the primary roof for each one (1) foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances to be located on the primary roof of an antenna support structure, if such facilities will be appropriately screened from view through the use of panels, walls, fences or other screening techniques approved by the city. Such setback requirements shall not apply to stealth antennas to be mounted to the exterior of antenna support structures below the primary roof, and which will not protrude more than eighteen (18) inches from the side of such antenna support structure. Primary roof means the roof that has the greatest square footage.

c.

That the antenna support structure is at least fifty (50) feet in height. Requests to install telecommunications facilities on antenna support structures of less than fifty (50) feet in height will be considered by the zoning administrator upon submission of full color photo-simulations showing that such telecommunications facilities will be appropriately screened.

2.

Telecommunications facilities on an antenna support structure which were in compliance with the zoning regulations applicable at the time such facilities were established and for which all required permits were issued, may continue in existence as a nonconforming structure.

O.

Modification of towers.

1.

A tower which was in compliance with the zoning regulations applicable at the time the tower was established and for which all required permits were issued, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified, or demolished and rebuilt without complying with any of the additional requirements of this section, except for subsection G, Separation or Buffer Requirements, subsection P, Certification and Inspections, and subsection Q, Maintenance, provided that:

a.

The tower is being modified or demolished and rebuilt for the sole purpose of accommodating (within six (6) months of the completion of the modification or rebuild) additional telecommunications facilities comparable in weight, size and surface area to the discrete operating telecommunications facilities of any person currently installed on the tower.

b.

An application for a development permit is made pursuant to Section 47-24.2, site plan level II review. The grant of a development permit pursuant to this section allowing the modification, demolition and rebuild of an existing nonconforming tower shall not be considered a determination that the modified, or demolished and rebuilt tower is conforming.

c.

The height of the modified or rebuilt tower and telecommunications facilities attached thereto do not exceed the maximum height allowed under this section.

2.

Except as provided in this section, nonconforming towers and telecommunications facilities shall be regulated by Section 47-3, Nonconforming Uses, Structures and Lots.

P.

Certifications and inspections.

1.

Monopole towers for which a certificate of occupancy has been issued on or after the effective date of this section shall be inspected and certified every five (5) years as being in conformance with the requirements of the Florida Building Code, National Electrical Safety Code and all FCC, state and local regulations. Existing monopole towers shall be so certified within sixty (60) days of the effective date of this section and then every five (5) years thereafter. Lattice or guyed towers for which a certificate of occupancy has been issued on or after the effective date of this section shall be inspected and certified every two (2) years as being in conformance with the requirements of the Florida Building Code, National Electrical Safety Code and all FCC, state and local regulations. Existing lattice or guyed towers shall be so certified within sixty (60) days of the effective date of this section and then every two (2) years thereafter. All such certifications and inspections shall be made by and at the sole cost of the tower owner or his agent and submitted to the city. A tower may be required by the city to be more frequently certified should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.

2.

The city or its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with all applicable laws and regulations.

3.

The city reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner or operator. All expenses related to such inspections by the city shall be borne by the tower owner or operator.

Q.

Maintenance.

1.

Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

2.

Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the Florida Building Code, National Electrical Safety Code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property.

3.

All towers, telecommunications facilities and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.

4.

All maintenance or construction on towers, telecommunications facilities or antenna support structures shall be performed by licensed maintenance and construction personnel.

5.

All towers shall maintain compliance with current radio frequency emission standards of the FCC or any superseding city, state and county regulations.

6.

In the event the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued.

R.

Criteria for tower development modifications.

1.

Modifications to certain tower requirements provided in this section may be approved by the planning and zoning board as a conditional use in accordance with Section 47-24.3 and in accordance with the following:

a.

In addition to the requirement for a tower application, the application for modification shall include the following:

i.

A description of how the plan addresses any adverse impact which might occur as a result of approving the modification.

ii.

A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the modification.

iii.

A technical study which documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by a qualified radio frequency engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties.

iv.

For a modification of the setback requirement, the application shall identify all property where the proposed tower could be located, attempts by the applicant to contact and negotiate an agreement for location or collocation and the result of such attempts.

v.

The development review committee may require the application to be reviewed by an independent engineer under contract to the city to determine whether the antenna study supports the basis for the modification requested. The cost of review by the city's engineer shall be reimbursed to the city by the applicant.

b.

The planning and zoning board shall consider the application for modification based on the following criteria:

i.

That the tower as modified will be compatible with and not adversely impact the character and integrity of surrounding properties.

ii.

Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification.

iii.

In addition, the board may include conditions on the site where the tower is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed tower and mitigate any adverse impacts which arise in connection with the approval of the modification.

2.

In addition to the requirements of subsection R.1, the applicant for the following modifications must also demonstrate with written evidence:

a.

In the case of a requested modification to the setback requirement pursuant to subsection E:

i.

That the setback requirement cannot be met on the property upon which the tower is proposed to be located and the alternative for the person is to locate the tower at another site which is closer in proximity to a residentially used or zoned property; or

ii.

That a modification to the setback requirement will reduce the visual impact of the tower, such as placement near trees.

b.

In the case of a request for modification requirements of subsection G, Separation or Buffer Requirements, with respect to the separation requirements from other towers, that the proposed site is zoned "I - General Industrial" and the proposed site has at least double the minimum separation distance from residentially used or zoned property as provided for in subsection G, Separation or Buffer Requirements.

c.

In the case of a request for modification from the requirements of subsection G, Separation or Buffer Requirements, with respect to distance from residentially used or zoned property, the person provides written technical evidence from a qualified radio frequency engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system and if the person is willing to create approved landscaping and other buffers to screen the tower from being visible to residentially used or zoned property.

d.

In the case of a request for modification of subsection D.1 with respect to the maximum height for towers and telecommunications facilities or to subsection N.1, with respect to the minimum height requirements for antenna support structures, that the modification is necessary to:

i.

Facilitate collocation of telecommunications facilities in order to avoid construction of a new tower; or

ii.

Meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from a qualified radio frequency engineer that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved.

(Ord. No. C-97-19, § 1(47-18.10), 6-18-97; Ord. No. C-97-26, § 1, 7-15-97; Ord. No. C-03-23, § 2, 7-1-03 )