WCF means any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, or wireless data transmission/reception, and usually consisting of an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure. WCF include developments containing new, mitigated, pre-existing antenna support structures, or co-location on existing antenna support structures, and include attached WCF, concealed WCF, and non-concealed WCF.
A. General Provisions.
1. Purpose and Intent. The purpose of these Regulations is to establish minimum development standards for the regulation of commercial WCF and their related accessory equipment and buildings. The intent of these Regulations is the following:
a. Promote the health, safety, and general welfare of the public by regulating the siting of WCF;
b. Control placement of WCF in a way that minimizes the visual impact to nearby properties by locating them in areas where the impact on the community is minimal;
c. Implement the provisions of the Telecommunications Act of 1996 at a local level; and
d. Maximize the opportunity for the shared use of new and existing WCF through co-location, in order to reduce the number of new WCF needed to serve the community.
2. Administration. The Director of Planning and Zoning or designee shall be responsible for the overall coordination and administration of this section.
3. Applicability. Except as otherwise specifically provided herein, the installation, construction, or modification of proposed and existing WCF shall be subject to the regulations of this section. However, WCF located in public rights-of-way are subject to the regulations of the city's Code of Ordinances, Part II, Chapter 25.1, as amended.
4. Exemptions. The following are exempt from the provisions of this section:
a. Non-commercial Antennas and Satellite Earth Stations. Non-commercial amateur radio antennas and satellite dish antennas are subject to the provisions of Section 12 of this article.
b. City-owned WCF on Public Property or Right-of-Way. If this section would prohibit city-owned WCF from being located at a specific site, and WCF are required to protect the public welfare or safety, the applicable criteria of this section may be exempted by the City Commission, except as otherwise required by Florida Statutes. In such cases the Commission shall make a finding of fact indicating the justification for the exemption.
c. Temporary Facility.
(1) State of Emergency. Temporary, commercial WCF, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the City Manager, except that such facilities must comply with all applicable federal and state requirements. Said WCF may be exempt from these provisions up to sixty (60) days after the duration of the state of emergency.
(2) Special Event. Temporary, commercial WCF, utilized in conjunction with coverage of a special event, except that such facilities must comply with all applicable federal and state requirements. Said WCF may be exempt from these provisions up to one (1) week after the duration of the special event.
d. Radio and TV Broadcasting. Antenna support structures, antenna, and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the FCC shall be regulated in accordance with the use matrix of Chapter 3, Article IV, Section 3.D. as an industrial service use.
5. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein.
B. General Standards. Where allowed as provided in Table 3-29 (Zoning Districts and Affiliated Process) herein, the following development regulations shall apply to all new, mitigated, co-located, or combined wireless facility installations.
1. Pre-Existing WCF. Any WCF which legally existed prior to the effective date of these Regulations are considered permitted nonconforming uses and structures, and shall be deemed pre-existing WCF. Additions to or enlargement of any pre-existing nonconforming WCF shall be required to comply with this section and shall be governed as follows:
a. Routine Maintenance. To encourage the use of existing facilities, such nonconforming status shall not prevent the routine maintenance on nonconforming WCF, or prohibit the placement, modification or relocation of any antenna on any such WCF.
b. Modifications. The city may allow nonconforming WCF to be repaired, reconstructed, replaced, or increased in height upon a demonstration by the applicant that the new or modified WCF complies with the current regulations to the maximum extent practicable, while achieving an overall public benefit in terms of the provision of services.
2. Additional Uses on Lot. WCF may be located on a leased parcel of a conforming lot containing a lawful principal use. Separation between WCF and other uses on the lot may be required to ensure compatibility.
3. District Height Limitations. The requirements set forth herein shall govern the location of WCF that exceed, and antennas that are installed, at a height in excess of the building height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to WCF regulated by this section, and WCF shall not require an exception to the building height limitations.
4. Equipment Cabinets. Cabinets and equipment shelters may be provided within the principal building, behind an approved screen on a rooftop, or on the ground within the fenced-in and screened equipment compound, depending on the type of WCF. Cabinets and equipment shelters shall not be visible from pedestrian views and shall be fenced and screened as required below.
a. Storage. Equipment shelters shall not be used for the storage of any excess equipment or hazardous waste (e.g., discarded batteries). Mobile or immobile equipment not used in direct support of WCF shall not be stored or parked on the site of WCF, unless on a temporary basis while repairs are being made to WCF. No outdoor storage yards shall be allowed in WCF equipment compounds.
b. Unmanned. Equipment shelters shall be unmanned and not used as habitable space.
5. Equipment Compound Enclosure. All equipment compounds on the ground, with the exception of concealed attached stealth WCF integrated into the architecture of a building, shall, at a minimum, be enclosed with a fence eight (8) feet in height. To effectively screen the equipment compound in residential districts and in any district where the equipment compound is visible from a public right-of-way, the enclosure shall consist of a masonry wall eight (8) feet in height, constructed in accordance with the community design standards (see Article III, Section 3.E.). For public safety, access to WCF shall be through a locked gate.
6. Landscaping. Landscaping around the perimeter of ground equipment shall consist of a landscaped strip wide enough to accommodate trees, shrubs, and a fence or wall enclosure installed around the outside of the entire equipment compound. The general landscape standards shall be consistent with those of Chapter 4, Article II, Landscape Design and Buffering, Section 4.A. (City-Wide Standards), except that the shrubs are required to be a minimum of three (3) feet in height at the time of installation. Water-wise trees with a minimum of four (4) caliper inches shall be spaced every twenty (20) feet on center within the landscape strip. Additional landscaping may be required around the perimeter of a wall or use of a screening fabric around the perimeter of a fence to maximize compatibility with adjacent properties. An alternative design may be allowed with respect to proposed buffering components, tree spacing, and plant material; provided that such alternate landscape plan is approved in accordance with Chapter 4, Article II, Section 5 (Alternate Compliance). Irrigation, maintenance, and replacement of required landscaping shall be the responsibility of the owner of the WCF. On city-owned properties, required WCF landscaping shall be maintained by the city or its designated landscape contractor, and the owner of the WCF shall be required to pay an annual landscape maintenance fee to the city.
7. Parking. A minimum parking space requirement for WCF is not required, however access to WCF must be provided, and temporary off-street parking as part of a principal use on-site may be utilized.
8. Signage. Except as otherwise permitted in these Regulations, no signage, lettering, symbols, images, or trademarks in excess of two hundred (200) square inches shall be placed on or affixed to any part of a WCF, antenna, equipment building, or security fencing other than as required by FCC regulations or other applicable law. Warning signs of "NO TRESPASSING" and "HIGH VOLTAGE – DANGER" shall be installed at least five (5) feet above the finished grade of the fence or wall and shall not be obstructed by landscaping.
9. Lighting. Except as otherwise permitted in these Regulations, no signals, lights or illumination of any kind shall be permitted on or directed toward any WCF unless required by the FCC, the FAA, or other appropriate public authority. Any security lighting for on-ground facilities and equipment shall be in compliance with Chapter 4, Article VII (Exterior Lighting Standards) of the LDR.
10. Generators. Generators may not be used as a primary electrical power source for a WCF. Generators may be used for temporary power prior to receipt of a CO and not to exceed thirty (30) days. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Any and all generators used for WCF shall control the noise level by use of a silencer or other device that will reduce the noise level to no more than seventy (70) decibels. All generators or alternators used on-site shall use propane fuel. Subject to the approval by the Director of Utilities and the Director of Development, the use of diesel powered emergency generators may be permitted where more than three (3) providers have co-located on a WCF.
11. Structural Standards. WCF and their equipment compounds shall be constructed and maintained in conformance with the Florida Building Code, specifically Chapters 15, 16, and Section 3108 for construction and design loads. WCF shall be designed to resist wind loads in accordance with TIA/EIA-222, the federal standards for Steel Antenna Towers and Antenna Supporting Structures. In addition, all accessory equipment buildings, cabinets, or structures, or modifications to WCF shall require building permits and inspections. Design documents for towers, antennas and other structures required to meet wind loads shall bear the raised seal and signature of an engineer licensed and registered in the State of Florida.
All work such as clearing and grading, driveway construction, and installation of WCF and enclosure shall be permitted in accordance with the applicable sections of the LDR.
12. Hazardous Location. WCF are prohibited when a proposed or existing principal use or uses within two hundred (200) feet of a proposed WCF includes the storage, distribution, or sale of volatile, flammable, explosive or hazardous wastes, including but not limited to, LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals, unless the City Fire Marshal determines that the proximity of the WCF does not pose any danger or risk of explosion or fire or unless used for backup power purposes.
C. Attached WCF. Attached WCF are an antenna or antenna array that are secured to an existing building or structure with an accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. Attached WCF are considered to be an accessory use to the existing principal use on a site.
1. Concealed Attached WCF. Concealed attached WCF, sometimes referred to as camouflaged facilities, are WCF, including their ancillary structures or equipment compounds, that are not readily identifiable as such, and are designed to be aesthetically compatible with existing and proposed buildings and uses on a site. Examples include, but are not limited to the following: screened antennas that blend with and are incorporated into existing architectural features of a building such as a church steeple, bell tower, clock tower, or cupola. WCF located in public rights-of-way are subject to the regulations of the city's Code of Ordinances, Part II, Chapter 25.1, as amended.
a. Height. WCF shall only be allowed on buildings at least forty (40) feet in height, not to exceed more than fifteen (15) feet above the roofline.
b. Setbacks. WCF and associated accessory equipment shall be located within the buildable area of the lot and not within the front, rear, or side yard building setbacks, and subject to the setbacks of the underlying zoning district. When located on a nonconforming building or structure, then the existing nonconforming setback shall apply.
c. Design. Feed lines and antennas shall be designed to architecturally match the façade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color, and texture. Existing conforming building element structures (excluding towers) in excess of fifty (50) feet in height may, as a matter of right, be rebuilt, if necessary, to support or contain a new antenna, provided that the new structure is the same height and substantially the same in appearance as the structure it replaces.
d. Ground Equipment. Equipment buildings shall not exceed a total of five hundred (500) square feet and shall not exceed eight (8) feet in height.
e. Rooftop Equipment. Rooftop equipment shall not occupy more than twenty-five percent (25%) of the roof area and shall comply with the exterior building and site design standards (see Chapter 4, Article III, Section 3.A.9.).
2. Non-concealed Attached WCF. Non-concealed attached WCF are wireless communication facilities that are readily identifiable as such.
a. Location. WCF shall be allowed on city-owned real property (such as existing ball park light poles), or on privately-owned property. WCF located in public rights-of-way are subject to the regulations of the city's Code of Ordinances, Part II, Chapter 25.1, as amended.
b. Height. WCF shall only be attached to poles fifty (50) feet or more in height, provided that the total length of any antenna does not exceed twenty percent (20%) of the height of the existing pole. The total height shall be determined by the highest point of any and all components of the structure, including antennas.
D. Freestanding WCF. Freestanding WCF are any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, usually consisting of an antenna or group of antennas, feed lines, and equipment cabinets, and include an antenna support structure. WCF include, but are not limited to the following: stealth, monopole, guyed, or lattice antenna support structures.
1. Generally.
a. Determination of Need. No new or mitigated WCF shall be permitted unless the applicant demonstrates that no existing WCF within applicant's coverage area can accommodate the applicant's proposed use;
b. Co-location. All new or mitigated WCF up to eighty (80) feet in height shall be engineered and constructed to accommodate no less than two (2) antenna arrays. All WCF between eighty-one (81) feet and one hundred (100) feet shall be engineered and constructed to accommodate no less than three (3) antenna arrays. All WCF between one hundred one (101) to one hundred fifty (150) feet shall be engineered and constructed to accommodate no less than four (4) antenna arrays.
c. Separation. A minimum separation distance of seven hundred fifty (750) feet shall be required between proposed and existing freestanding WCF. A waiver or reduction of separation distance between WCF may be approved by the City Commission based upon the inability to co-locate on existing structures, the need to have more than one (1) WCF, or the efficient use of available land within permitted zoning districts. The decision shall be based upon a finding of compatibility and competent and substantial evidence that the waiver request meets one (1) or more of the following criteria:
(1) Locational requirements/limitations as established by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC) or the Public Service Commission (PSC), if any;
(2) Identification of a more appropriate site that does not meet the separation requirements above, by analysis of factors such as distance from residential uses, existence of permanent screening and buffering, and location within a large area of commercial or industrial use;
(3) To avoid the location of a tower on environmentally sensitive land, a wilderness area, a historical site, or other sensitive area; or
(4) To reduce the impact on adjacent residential uses.
d. Access. Each site shall have access from an improved right-of-way approved by the city. The access shall extend to an appropriate location on the premises where a vehicle would need to be parked to facilitate normal maintenance of the facility.
g. Height. Maximum height shall be measured from ground level to the highest point of the WCF, including any antenna. Height limit shall exclude lightning rods or lights required by the FAA that do not provide support for antennas.
h. Safety. All support structures shall comply with the requirements of the Florida Building Code and safety standards contained in the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) document 222-F, "Structural Standards for Steel Antenna Towers and Supporting Structures," as amended.
i. City's Option to Co-locate. The city may, through an agreement negotiated with the owner of the WCF, to co-locate emergency/public safety equipment on proposed non-concealed freestanding WCF within the city's jurisdiction, provided that the co-location of antennas does not interfere with the normal operation of approved WCF. Subject to the terms of any negotiated and approved agreement, the space on a new non-concealed freestanding WCF, including any reserved ground space for equipment, shall be required for future city co-location, and shall be noted on plans.
2. Concealed Freestanding WCF. Concealed freestanding WCF, sometimes referred to as stealth facilities, are WCF that are not readily identifiable as such, and designed to blend into the surrounding environment and be aesthetically compatible and in proportion with existing and proposed buildings and uses on a site. WCF sometimes have a secondary, obvious function such as a flagpole, light pole, or tree. The accessory ground equipment for concealed, freestanding WCF shall be screened from abutting rights-of-way through the utilization of landscaping or other screening mechanisms.
a. Residential Districts. In residential districts, as indicated on Table 3-29 herein, new WCF shall only be permitted on lots with a minimum lot size of one (1) acre, containing only non-residential uses, including but not limited to, schools, churches, fire stations, parks, and other public property.
b. Height. Height shall be according to the zoning district in which WCF is located.
(1) In all residential districts as indicated on the tables in this section, the maximum height shall be limited to twenty-five (25) feet above the maximum building height of the zoning district.
(2) In the PU and REC districts, the maximum height shall be limited to one hundred (100) feet.
(3) In all commercial districts, the maximum height shall be limited to thirty (30) feet above the maximum building height of the zoning district.
(4) In all mixed use districts, the maximum height of concealed freestanding WCF shall be limited to the approved building height or a total of seventy (70) feet, whichever is less.
(5) In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred (100) feet, if located less than one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of one thousand feet (1,000) feet from a residential use.
c. Setbacks. In all zoning districts where allowed, WCF shall be set back one-half (1/2) the height of the antenna support structure from all property lines. However, in all instances, the minimum setback distance from the property line of any residentially zoned property or the boundary of a residential component within a mixed use pod, shall be at least one and one-half (1.5) times the height of the entire proposed WCF structure.
d. Design. WCF shall be designed to blend into the surrounding environment and be aesthetically compatible and in proportion with building mass and existing features or landscaping on-site.
3. Non-concealed Freestanding WCF. Non-concealed freestanding WCF are those facilities that are readily identifiable as such, and include, but are not limited to, the following: guyed, lattice, or monopole antenna support structures.
a. Antenna Support Structure. WCF shall be limited to monopole type antenna support structures, unless the applicant demonstrates that such design is not feasible to accommodate the intended users.
b. Height. The maximum height shall be limited to a total of one hundred (100) feet. However, the maximum height may exceed one hundred (100) feet, but shall not exceed one hundred fifty (150) feet, if the subject WCF is located within an M-1 or PID zoning district, and located in excess of one thousand (1,000) feet from a residential use.
c. Setbacks. WCF and their equipment compounds shall be subject to a minimum setback distance equal to the height of the proposed antenna support structure. However, the minimum setback distance shall be at least two (2) times the height of the WCF structure from the property line of any adjacent residential use. In REC and PU districts, the minimum setback distance shall be three (3) times the height of the WCF structure from the property line of any adjacent residential use.
d. Design.
(1) Antenna support structures shall maintain a galvanized gray finish or other approved compatible color, except as required by federal rules or regulations.
(2) New antenna mounts shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.
4. Modification of Existing WCF. Modification to an existing WCF to increase the height, or to improve its integrity, or to replace or remove one (1) or several antenna support structures located in proximity to a proposed new antenna support structure, in order to encourage compliance with this section or improve aesthetics or functionality of the overall wireless network.
a. Determination of Need. WCF modification shall accomplish a minimum of one (1) of the following: reduce the number of WCF; reduce the number of nonconforming WCF; replace existing WCF to reduce visual obtrusiveness; or replace existing WCF with new WCF to promote greater co-location opportunities or improve network functionality, resulting in compliance with these Regulations.
b. Height. The owner of an existing WCF shall endeavor to limit the height of a modified WCF to a height that does not exceed the maximum height limitations of this section based on the type of WCF and the zoning district. A replacement WCF with an increased height of no more than ten percent (10%) or no more than the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater, shall not be considered a substantial change and require building permit approval.
c. Setbacks. A new WCF that modifies an existing WCF shall be constructed on- site within close proximity to existing WCF at the same or greater setbacks than previously established. All proposed accessory equipment buildings shall comply with established setbacks for existing WCF.
d. Buffers. At the time of modification, equipment compounds shall be brought into compliance, to the extent legally required, with the screening and buffer requirements of this section.
e. Design. Modified antenna support structures shall comply with the provisions herein to reduce nonconformity and minimize adverse effects on the landscape and adjacent properties, with specific design considerations as to WCF type, height, scale, color, texture, and architectural design of the buildings on the same and adjacent lots.
5. Antenna Element Replacement or Repair. Any repair or replacement of an existing antenna or antenna array with another of like size and shape that will not alter the structural integrity of the support structure may be completed, subject to submittal and approval of the required building permit.
6. Co-location. Co-location means the practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached WCF using different and separate antenna, feed lines and radio frequency generating equipment.
a. Height. Co-located or combined WCF shall not increase the height of an existing antenna support structure, except as may be otherwise authorized by Federal or State law.
b. Setbacks.
(1) Ground equipment to be located in conjunction with co-location shall comply with the setback requirements depending on the type of WCF, and zoning district in which it is located.
(2) Co-location of antenna on WCF approved prior to these Regulations may locate proposed accessory equipment buildings within existing equipment compound enclosures, provided the minimum established setbacks of existing WCF are met.
c. Design. New antenna mounts shall be flush-mounted onto existing WCF, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.
d. Buffers. At the time of installation of additional equipment to WCF, the applicant shall endeavor, to the extent legally required, to bring the equipment compound into compliance with the screening and buffer requirements of this section.
7. Zoning Districts and Affiliated Process (Table 3-29).
Zoning District | Concealed Attached WCF 1 | Non-concealed Attached WCF 2 | Concealed Freestanding WCF 4 | Non-concealed Freestanding WCF 4 | Modification of
Existing WCF 7 | Antenna Element Replacement | Co-location 8 |
Zoning District | Concealed Attached WCF 1 | Non-concealed Attached WCF 2 | Concealed Freestanding WCF 4 | Non-concealed Freestanding WCF 4 | Modification of
Existing WCF 7 | Antenna Element Replacement | Co-location 8 |
R-1 | CC 3 | AD | AD | AD | |||
R-2 | AD | CC 3 | AD | AD | AD | ||
R-3 | AD | AD | CC 3 | AD | AD | AD | |
PUD | AD | AD | CC 3 | AD | AD | AD | |
IPUD | AD | AD | CC 3 | AD | AD | AD | |
MHPD | CC 3 | AD | AD | AD | |||
C-1 | AD | CC | AD | AD | AD | ||
C-2 | AD | CC | AD | AD | AD | ||
C-3 | AD | AD | CC | AD | AD | AD | |
C-4 | AD | AD | CC | AD | AD | AD | |
CBD | AD | AD | CC | AD | AD | AD | |
PCD | AD | AD | CC | AD | AD | AD | |
REC | AD | AD | CC | CC 5,6 | AD | AD | AD |
PU | AD | AD | CC | CC 5,6 | AD | AD | AD |
SMU | AD | AD | CC | AD | AD | AD | |
MU-1 | AD | AD | CC | AD | AD | AD | |
MU-2 | AD | AD | CC | AD | AD | AD | |
MU-3 | AD | AD | CC | AD | AD | AD | |
MU-4 |
AD
|
AD
|
CC
| AD
|
AD
|
AD
| |
MU-C | AD | AD | CC | AD | AD | AD | |
PID | AD | AD | CC | CC | AD | AD | AD |
M-1 | AD | AD | CC | CC | AD | AD | AD |
Legend:
AD - Administrative (Staff) Review CC - City Commission (Public Hearing) Approval Blank - Not Allowed
Footnotes:
1 Concealed attached WCF shall only be allowed on building features that are a minimum of forty (40) feet in height, not to exceed fifteen (15) feet above the roofline.
2 Non-concealed attached WCF are allowed on private property or publicly-owned property, excluding public rights-of-way which are regulated by Part II of the city's Code of Ordinances, Chapter 25.1 as amended.
3 Concealed freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use (school, church).
4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. Freestanding requires conditional use approval. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred (100) feet if located less than one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use.
5 Only when located on city-owned property of two (2) acres or more.
6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent residential use.
7 Replacement WCF with increased height requires public hearing approval.
8 Administrative review unless on city-owned site and the lease requires each tenant to have a separate lease with city (each lease requires City Commission approval as a lease amendment), or the lease requires written consent letter (City Commission consent agenda).
8. Maximum Heights of WCF (Table 3-30).
Zoning District | Concealed Attached WCF | Non- concealed Attached WCF | Concealed Freestanding WCF | Non-concealed Freestanding WCF | Modification of
Existing WCF | Antenna Element Replacement | Co-location |
Zoning District | Concealed Attached WCF | Non- concealed Attached WCF | Concealed Freestanding WCF | Non-concealed Freestanding WCF | Modification of
Existing WCF | Antenna Element Replacement | Co-location |
R-1 | 55' 3,4 | 7 | 7 | 7 | |||
R-2 | 2 | 55' 3,4 | 7 | 7 | 7 | ||
R-3 | 1 | 2 | 55' 3,4 | 7 | 7 | 7 | |
PUD | 1 | 2 | 75' 3,4 | 7 | 7 | 7 | |
IPUD | 1 | 2 | 75' 3,4 | 7 | 7 | 7 | |
MHPD | 55' 3,4 | 7 | 7 | 7 | |||
C-1 | 2 | 55' 4 | 7 | 7 | 7 | ||
C-2 | 2 | 55' 4 | 7 | 7 | 7 | ||
C-3 | 1 | 2 | 75' 4 | 7 | 7 | 7 | |
C-4 | 1 | 2 | 75' 4 | 7 | 7 | 7 | |
CBD | 1 | 2 | 130' 4 | 7 | 7 | 7 | |
PCD | 1 | 2 | 75' 4 | 7 | 7 | 7 | |
REC | 1 | 2 | 100' 4 | 100' 4, 5, 6 | 7 | 7 | 7 |
PU | 1 | 2 | 100' 4 | 100' 4, 5, 6 | 7 | 7 | 7 |
SMU | 1 | 2 | 70' or less 4 | 7 | 7 | 7 | |
MU-1 | 1 | 2 | 70' or less 4 | 7 | 7 | 7 | |
MU-2 | 1 | 2 | 70' or less 4 | 7 | 7 | 7 | |
MU-3 | 1 | 2 | 70' or less 4 | 7 | 7 | 7 | |
MU-4 | 1 | 2 | 70' or less 4 | 7 | 7 | 7 | |
MU-C | 1 | 2 | 70' or less 4 | 7 | 7 | 7 | |
PID | 1 | 2 | 100-150' 4 | 100-150' 4 | 7 | 7 | 7 |
M-1 | 1 | 2 | 100-150' 4 | 100-150' 4 | 7 | 7 | 7
|
Footnotes:
1 Concealed attached WCF shall only be allowed on buildings that are a minimum of forty (40) feet in height, not to exceed fifteen (15) feet above the roofline, and exclude public rights-of-way which are regulated by Part II of the city's Code of Ordinances, Chapter 25.1 as amended.
2 Non-concealed attached WCF are allowed only on poles that are more than fifty (50) feet in height, excluding in public rights-of-way which are regulated by Part II of the city's Code of Ordinances,
Chapter 25.1
as amended. The total length of any antenna shall not exceed ten percent (10%) of the height of the existing pole.
3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use (school, church, etc.). Maximum height is limited to twenty-five (25) feet above the maximum building height of the zoning district.
4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred (100) feet if located less than one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use. In all mixed use districts height is limited to approved building height or seventy (70) feet whichever is less.
5 Only when located on city-owned property of two (2) acres or more.
6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent residential use.
7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval.
9. Setbacks and Separation Between WCF (Table 3-31).
Zoning District | Concealed Attached WCF | Non-concealed Attached WCF | Concealed Freestanding WCF | Non-concealed Freestanding WCF | Modification of
Existing WCF | Antenna Element Replacement | Co-location |
Zoning District | Concealed Attached WCF | Non-concealed Attached WCF | Concealed Freestanding WCF | Non-concealed Freestanding WCF | Modification of
Existing WCF | Antenna Element Replacement | Co-location |
R-1 | 3,4 | 6 | 7 | ||||
R-2 | 2 | 3,4 | 6 | 7 | |||
R-3 | 1 | 2 | 3,4 | 6 | 7 | ||
PUD | 1 | 2 | 3,4 | 6 | 7 | ||
IPUD | 1 | 2 | 3,4 | 6 | 7 | ||
MHPD | 3,4 | 6 | 7 | ||||
C-1 | 2 | 3,4 | 6 | 7 | |||
C-2 | 2 | 3,4 | 6 | 7 | |||
C-3 | 1 | 2 | 3,4 | 6 | 7 | ||
C-4 | 1 | 2 | 3,4 | 6 | 7 | ||
CBD | 1 | 2 | 3,4 | 6 | 7 | ||
PCD | 1 | 2 | 3,4 | 6 | 7 | ||
REC | 1 | 2 | 3,4 | 4,5 | 6 | 7 | |
PU | 1 | 2 | 3,4 | 4,5 | 6 | 7 | |
SMU | 1 | 2 | 3,4 | 6 | 7 | ||
MU-1 | 1 | 2 | 3,4 | 6 | 7 | ||
MU-2 | 1 | 2 | 3,4 | 6 | 7 | ||
MU-3 | 1 | 2 | 3,4 | 6 | 7 | ||
MU-4 | 1 | 2 | 3,4 | 6 | 7 | ||
MU-C | 1 | 2 | 3,4 | 6 | 7 | ||
PID | 1 | 2 | 3,4 | 4,5 | 6 | 7 | |
M-1 | 1 | 2 | 3,4 | 4,5 | 6 | 7 | |
Footnotes:
1 Concealed attached WCF shall be subject to the setbacks of the underlying zoning district. When located on a nonconforming building or structure, then the existing nonconforming setback shall apply. Excludes location in public rights-of-way which are regulated by Part II of the City's Code of Ordinances, Chapter 25.1 as amended.
2 Non-concealed attached WCF are allowed on private property or publicly-owned property, excluding public rights-of-way which are regulated by Part II of the City's Code of Ordinances,
Chapter 25.1
as amended.
3 Concealed freestanding shall be set back one-half the height of the antenna support structure from all property lines, however, in all instances the minimum setback from the property line or the boundary of a residential component within a mixed-use pod, shall be at least one and one-half (1.5) times the height of the entire proposed WCF structure.
4 A minimum separation distance of 750 feet between proposed and existing freestanding WCF is required.
5 Non-concealed freestanding WCF and their equipment compounds shall be subject to a minimum setback distance equal to the height of the proposed antenna support structure. However, the minimum setback distance shall be at least two (2) times the height of the WCF structure from the property line of any adjacent residential use. In REC and PU districts, the minimum setback distance shall be three (3) times the height of the WCF structure from the property line of any adjacent residential use.
6 New WCF approved for modification of existing WCF shall be constructed on site within close proximity to existing WCF at the same or greater setbacks than previously established. All proposed accessory equipment buildings shall comply with established setbacks for existing WCF without increasing nonconformity.
7 Ground equipment to be located in conjunction with co-location shall comply with the setback requirements depending on type of WCF, and zoning district in which it is located.
E. Submittal Requirements. A completed application and filing fee with all required documents as specified on the application checklist, including but not limited to, signed and sealed site plans, antenna support structure elevations, and landscape plans shall be submitted to the Planning and Zoning Division.
F. Approval Process.
1. Pre-application Meeting. Prior to any application submittal, the WCF service provider is required to meet with the Director of Planning and Zoning or designee to determine the type of approval process, and to review the merits of potential locations.
2. Administrative Approval. The approval of WCF subject to administrative review as identified in Table 3-29 shall be processed as a minor site plan modification in accordance with Chapter 2, Article II, Section 2.F.7.c. If the Director of Planning and Zoning or designee determines that the application and documentation fail to meet the intent of these Regulations, the city may, in writing, deny the request. Applicants who have been denied a request for a WCF may formally appeal such denial to the City Commission in accordance with Chapter 1, Article VIII.
3. City Commission Approval. Approval of WCF subject to City Commission public hearing review as identified in Table 3-29 shall be processed in accordance with Chapter 2, Article I, Section 3.
4. Review Criteria. The WCF shall comply with the regulations and requirements of this section. Notwithstanding compliance with the aforementioned, for WCF applications requiring public hearings, the City Commission shall also consider the following:
a. Height of the proposed WCF;
b. Nature of use(s) on adjacent and nearby properties;
c. Surrounding tree coverage and foliage;
d. Design of the WCF, particularly with respect to design attributes having the effect of reducing or eliminating visual obtrusiveness; and
e. Proposed ingress and egress.
5. Conditions of Approval. In granting an approval, the city may impose conditions necessary to minimize any adverse effect of the proposed WCF on adjoining properties.
G. Publicly-Owned Property. If an applicant requests to locate a WCF on a city-owned property, the WCF shall not become effective until the applicant and the jurisdiction execute a written agreement or lease in a form acceptable to the City Attorney.
H. Interference with Public Safety WCF. Whenever the city has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one (1) or more WCF, the following steps shall be taken:
1. Notification. The city shall provide notification to all WCF service providers operating in the jurisdiction of possible interference with the public safety communications equipment. Upon such notification, the owners shall use their best efforts to cooperate and coordinate with the city and among themselves to investigate and mitigate the interference if the WCF owner is operating outside of its FCC frequencies.
2. Reimbursement. If any WCF owner is operating outside of its assigned FCC frequencies, or if the FCC makes a determination that the WCF is operating outside of its frequencies and causing radio frequency interference with the city public safety communications equipment, the owner who fails to cooperate and/or the owner of the WCF which caused the interference due to operating outside of its licensed frequencies shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the city for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the jurisdiction to determine the source of the interference.
I. Annual Registration. To enable the city to keep accurate, up-to-date records of the placement of WCF within the city, the owner and service operator/provider of each WCF shall submit the following to the Director of Planning and Zoning or designee no later than October 1 of each year:
1. A certified written statement by an engineer that the facility is structurally sound and conforms to the requirements of the Florida Building Code and all other construction standards provided by local, state, and federal law;
2. The number and names of operators and providers located in the WCF;
3. Documentation of the type and use of all antennas;
4. The name, address, and telephone number of the WCF owner; and
5. Payment of an annual registration fee, as set forth in the Planning and Zoning Division Fee Schedule.
Failure to timely file annually shall mean that WCF is deemed to be abandoned, unused, or unsafe, thus subject to removal unless the owner and/or operator of WCF provide a written notice to the City of any intent to continue, and drawings complying with this section.
J. Removal of Abandoned, Unused, or Unsafe WCF. WCF is promptly disassembled, dismantled, and removed once they are no longer used.WCF that is abandoned or unused for a period of one hundred twenty (120) days shall be removed. The owner and service operator/provider of WCF shall provide a written notice of any intent to discontinue use of the facility or submit a copy of the "Notice of Intent to Abandon" required by the FCC to the Director of Planning and Zoning or designee. WCF shall be removed within ninety (90) days of the cessation of use. WCF owners and/or operators shall return the site to its natural state, or consistent with the current use of the land at the time of removal.
If unsafe WCF is not removed within the time frame specified in the notice, the City's Building Official shall determine the proper action in accordance with the City's Administrative Amendments to the Florida Building Code. If WCF is abandoned or unused, it shall follow the procedure as established in Chapter 10, Article II. Abandoned Property of Part II, Code of Ordinances.
K. Inspection. The city reserves the right to require additional inspections if there is evidence that the tower has a safety problem or is exposed to extraordinary conditions. Inspections shall be conducted by a registered engineer. Based upon the results of an inspection, the Building Official may require repair or removal of the WCF. Should the city have reason to believe WCF is not in compliance with applicable building and electrical codes, the city may conduct periodic inspections of the site to ensure structural and electrical integrity.
(Ord. 10-025, passed 12-7-10; Am. Ord. 16-023, passed 1-3-17; Am. Ord. 17-023, passed 9-19-17; Am. Ord. 18-017, passed 10-2-2018; Am. Ord. 20-004, passed 3-3-20; Am. Ord. 23-018, § 2, passed 9-14-23)