Purpose and intent. The regulations and requirements of this section are intended to:
(1) Provide for the appropriate location and development of communication towers, antennas, and wireless communication facilities to serve the residents and businesses of the city;
(2) Minimize adverse visual effects of towers, communication antennas, and wireless communication facilities through careful design, siting, and vegetative screening;
(3) Avoid potential damage to adjacent properties from tower, communication antennas, and wireless communication facility failure through engineering and careful siting of tower, antenna structures, and wireless communication facilities; and
(4) Maximize use of any new or existing communication tower to reduce the number of towers needed.
(B) Applicability.
(1) All new communication towers, antennas, amateur radio towers, and wireless communication facilities, including those located on privately owned and publicly owned property, in city, county, or state public rights-of-way, and in public easements within the corporate limits of the city, shall be subject to these regulations and all other applicable regulations.
(2) All communication towers legally existing on August 20, 2020 (the effective date of Ordinance No. 1625) shall be considered permitted uses, allowed to continue their usage as they presently exist; provided however, except for eligible facilities requests in accordance with division (E), or routine maintenance, including without limitation, structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing communication tower, shall comply with the requirements of division (C)(3), with the exception of separation distances. Routine maintenance which does not otherwise qualify as an eligible facilities request shall be permitted on such existing towers upon issuance of a building permit. For purposes of this section, “ROUTINE MAINTENANCE” shall mean ordinary repairs and incidental alterations for maintenance purposes no greater than 20% of the current assessed valuation of the structure, provided that no structural alterations shall be made except those required by law.
(3) All government towers and wireless communication facilities with public safety systems or equipment shall be exempt from the requirements of divisions (C) and (D).
(C) Communication towers and antennas.
(1) Permitted uses and conditional uses.
(a) Guyed, lattice and self-support communication towers are prohibited within the city limits.
(b) Monopole communication towers and communication antennas are permitted as follows:
1. Monopole communication towers and communication antennas are a permitted use in all zoning districts provided that the structures do not exceed the established height limitation.
2. Monopole communication towers and communication antennas which exceed the established height limitation are a conditional use in C-1, C-2, M-1A, M-2A and nonresidential PUD zoning districts.
3. Monopole communication towers and communication antennas which exceed the established height limitation in all zoning districts other than C-1, C-2, M-1A and M-2A, are prohibited.
4. Communication towers and communication antennas which exceed 200 feet in height are prohibited within the city.
5. Monopole communication towers and antennas constructed pursuant to this section shall be exempt from the minimum separation distances between towers established in Table 2.
(c) Rooftop-mounted monopole communication towers or antennas may be approved as a conditional use in any C-1, C-2, M-1A, and M-2A zoning district or within any nonresidential PUD subject to the following:
1. The height of the tower or antenna does not extend more than 15 feet above the average height of the roof line;
2. The building is at least two stories in height;
3. Screening, if appropriate, may be required to minimize the visual impact of a proposed tower or antenna upon adjacent properties;
4. A roof-mounted monopole tower must be set back from the edge of the roof a minimum of 15 feet;
5. Roof-mounted monopole communication towers and antennas constructed pursuant to this section shall be exempt from the minimum distances from residential zoning districts established in Table 1.
(d) Additional uses permitted on site.
1. Monopole communication towers may be located on sites containing another principal use in the same buildable area. Monopole communication towers may occupy a leased parcel on a site meeting the minimum lot size requirement for the zoning district in which it is located. When joint use of a lot is permitted, the city shall require the execution of a unity of title if two or more lots are utilized for setback purposes or to prohibit the unlawful division of a lot containing a tower and another principal use. The minimum distance between a monopole communication tower and other principal uses located on the same lot are indicated in Table 1. This separation between monopole communication towers and other on-site principal uses is required to assure compatibility of land uses and to provide for the health, safety, and welfare of individuals and structures occupying the same structures.
2. The City Commission or City Manager, as appropriate, shall prohibit the joint use of a site 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.
(2) Collocation of communication antenna on existing tower or other structure. Additional antennas, reception or transmission dishes, or other similar receiving or transmitting devices proposed for attachment to an existing communication tower will require building permit review and review for compliance with F.S. § 365.172 and this section. To encourage collocation, a conditional use permit shall not be required. The intent of this requirement is to ensure the structural integrity, visual aesthetics, and land use compatibility of communication towers upon which additional antennas, communication dishes, etc., are to be installed. The application for approval to install additional antennas, dishes, or other similar receiving devices shall include certification from an engineer, registered in Florida, indicating that the additional device or devices installed will not adversely affect the structural integrity of the communication tower.
(a) Generally.
1. Monopole communication towers shall be engineered and constructed to accommodate a minimum of one additional communication service provider.
2. Camouflaged communication towers may be engineered and constructed without accommodating additional communication service providers.
3. Communication towers located within electrical substations may be engineered and constructed without accommodating additional communication service providers. Such towers shall be monopole construction and shall be subject to all the requirements of this division. The substation shall be located within one of the zoning categories specified in division (C)(1).
4. Proposed communication antennas may, and are encouraged to, collocate onto existing communication towers. Provided such collocation is accomplished in a manner consistent with divisions (C)(1) and (3), such collocation is permitted and new or additional conditional use approval is not required.
5. If determined by the city that a proposed tower is situated in a location which will benefit the city's telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunication equipment beneficial to the public system at a cost to the city no greater than the actual expense to the provider in so engineering and constructing the tower to meet the city's needs.
6. On-site location. A communication tower which is being rebuilt to accommodate the collocation of an additional communication antenna may be moved on-site within 50 feet of its existing location, however, the antenna shall meet the setback requirements in division (C)(3)(b). After the communication tower is rebuilt to accommodate collocation, only one tower may remain on the site.
7. A relocated on-site communication tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to division (C)(3)(b). The relocation of a tower in accordance with this division shall in no way be deemed to cause a violation of division (C)(3)(b). The on-site relocation of a communication tower which comes within the separation distances to residentially zoned lands or residential uses shall require variance approval.
(b) 1. Collocation of communication antenna on communication towers. Collocation of communication antenna on existing communication towers, including nonconforming communication towers, are subject only to building permit review, which may include a review for compliance with this section, if the applicants meet the following requirements:
a. The collocation does not increase the height of the tower to which the antennas are to be attached, measured to the highest point of any part of the tower or any existing antenna attached to the tower; and
b. The collocation does not increase the ground space area, commonly known as the compound, approved in the site plan for equipment enclosures and ancillary facilities, except as allowed under this section; and
c. The collocation consists of antennas, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with all applicable regulations, restrictions, or conditions, if any, applied to the initial antennas placed on the tower and to its accompanying equipment enclosures and ancillary facilities and, if applicable, applied to the tower supporting the antennas. Such regulations may include the design and aesthetic requirements but not procedural requirements, other than those authorized by this section, of the applicable land development code in effect at the time the initial antennas placement was approved.
2. Such collocations shall not be subject to the design or placement requirements of the land development code in effect at the time of the collocation that are more restrictive than those in effect at the time of the initial antenna placement approval, to any other portion of the land development code, or to public hearing review. Such collocation applications are not subject to the Planning and Zoning Board's approval and shall be decided by the City Manager or designee.
(c) Collocation on structures other than communication towers. Except for structures within the public right-of-way, or a historic building, structure, site, object, or district, the following collocation applications on all other existing structures shall be subject to no more than a review for compliance with F.S. § 365.172, this section and building permit standards, if they meet the following requirements:
1. The collocation does not increase the height of the existing structure to which the antennas are to be attached, measured to the highest point of any part of the structure or any existing antenna attached to the structure; and
2. The collocation does not increase the existing ground space area, otherwise known as the compound, if any, approved in the site plan for the equipment enclosures and ancillary facilities. The City Manager shall require a new landscape plan for the expanded ground space area indicating, at a minimum, compliance with the previous conditions of approval or buffer requirements at the time the previous landscape plan or buffer was approved.
3. The collocation consists of antennas, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with any applicable structural or aesthetic design requirements and any requirements for location on the structure in effect at the time of approval of the structure, but not prohibitions or restrictions on the placement of additional collocations on the existing structure or procedural requirements other than those authorized by this section at the time of the collocation application; and
4. The collocation consists of antennas, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with all applicable restrictions or conditions, if any, that do not conflict with division (C)(3), and were applied to the initial antennas placed on the structure and to its accompanying equipment enclosures and ancillary facilities and, if applicable, applied to the structure supporting the antennas.
(d) If only a portion of the collocation does not meet the requirements of any of the above divisions, such as an increase in the height or a proposal to expand the ground space approved in the site plan for the equipment enclosures by more than 400 square feet or 50% where all other portions of the collocation meet the requirements of this division, that portion of the collocation only may be reviewed as if it were a new facility. A collocation proposal under this subsection that increases the ground space area approved in the original site plan, for equipment enclosures and ancillary facilities, by no more than a cumulative amount of 400 square feet or 50% of the original compound size, whichever is greater, shall require no more than administrative review for compliance with the city's regulations; including, but not limited to, the land development code and building permit review; provided, however, that any collocation proposal that increases the original compound size more than such greater cumulative amount shall be reviewed as if it were a new communications facility.
(e) Any existing tower, including a nonconforming tower, may be structurally modified to permit collocation or may be replaced through no more than administrative review and building permit review, and is not subject to public hearing review, if the overall height of the tower is not increased and, if the replacement tower is a monopole tower or, if the pre-existing tower is a stealth tower, the replacement tower is a similar stealth tower.
(f) The owner of the existing tower on which the proposed antennas are to be collocated shall remain responsible for compliance with any applicable condition or requirement of a permit or agreement, or any applicable condition or requirement of the land development code to which the pre-existing tower must comply, including any aesthetic requirements, provided the condition or requirement is not inconsistent with this section.
(g) Collocations, or portions thereof, not meeting the requirements set forth in divisions (b) and (c) above shall be subject to the approval and permitting process set forth in divisions (3) and (4) below.
(3) Performance and construction standards.
(a) General regulations.
1. The minimum regulations in this division (3) shall apply in addition to the regulations for the zoning district in which a communication tower/antenna is to be located.
2. Approval required from other governmental agencies. Each conditional use application for a monopole communication tower shall include written approval or a statement of no objection from other federal, state or county agencies that regulate communication tower siting, design, and construction.
(b) Setbacks and related location requirements.
1. Communication towers shall comply with the minimum setbacks requirements provided in Table 1.
2. Communication towers shall comply with the minimum requirements relating to the height of a proposed communications tower and minimum distances from residential zoning districts, minimum distances from other on-site principal uses, and minimum setbacks for tower supports as provided in Table 1.
3. Communication towers shall comply with the minimum requirements relating to distances between towers as provided in Table 2. Waivers may be granted from these distance requirements for camouflaged towers by the City Commission in consideration of the factors set forth at division (C)(3)(r).
4. All buildings and other structures to be located on the same property as a communication tower shall conform with the setbacks established for the underlying zoning district.
5. Communication towers shall be designed and constructed to accommodate the collocation of additional communication equipment including antennas, dishes, and similar transmitting and receiving devices.
MONOPOLE | MONOPOLE | MONOPOLE | MONOPOLE | |
Height | 50 feet or less | 51-100 feet | 101-150 feet | 151-200 feet |
(Freestanding) | (c)* | (c) | (c) | (c) |
Required Setback from Property Line** | Greater of 20% tower height or zoning district setback | Greater of 20% tower height or zoning district setback | Greater of 20% tower height or zoning district setback | Greater of 110% breakpoint or zoning district setback |
Minimum Distance from Residential Zoning District*** | 150 feet | 330 feet | 660 feet | 1,320 feet |
Minimum Distance from Other On-Site Principal Uses | None | Greater of 20% of tower height or 20 feet | Greater of 20% of tower height or 25 feet | Greater of 110% break point or 25 feet |
Minimum Setbacks for Tower Supports | Greater of 20 feet or zoning district setback | Greater of 20 feet or zoning district setback | Greater of 20 feet or zoning district setback | Greater of 20 feet or zoning district setback |
NOTES: * “(c)” stands for conditional use, which is only required if the pole is taller than the maximum height limit in the zoning district. ** At least 50 feet from any public right-of-way. *** Measured on a straight line from the two closest points between the nearest residential zoning district line and the nearest property line of the site upon which a tower is proposed to be located. | ||||
All communication towers constructed after February 6, 1997, shall conform to the minimum tower separation requirements of this table. | |||
MINIMUM TOWER SEPARATION | |||
(Freestanding) | (c) | (c) | (c) |
TOWER HEIGHT | < 50 feet | 50-100 feet | 101-200 feet |
< 50 feet | 330 feet | 660 feet | 660 feet |
50-100 feet | 660 feet | 1,320 feet | 2,640 feet |
101-200 feet | 660 feet | 2,640 feet | 5,280 feet |
NOTES: (1) The separation distances shall be measured along a straight line between the closest point on the base of the existing or approved tower and the closest point on the base of the proposed tower. (2) Separation distances shall be measured between proposed communication towers in the city and any communication tower whether existing, approved or proposed in the city or outside of the city limits. (3) Rooftop-mounted communication towers and antennas lawfully installed shall be exempt from the minimum separation distances established in Table 2
. (4) “(c)” stands for conditional use. | |||
(c) Aircraft hazard. Communication towers shall not encroach into or through any established, public or private airport approach path, as established by the Federal Aviation Administration (FAA). Each application to construct a communication tower shall include proof of application for approval from the FAA and shall be submitted with each conditional use application for a communication tower. Based upon the location or height of a proposed tower, the city may require a statement of no objection from the Orlando Sanford Airport Authority. A building permit for an approved communication tower shall not be issued until FAA approval is obtained.
(d) FCC emission standards. All personal wireless service facilities in the public rights-of-way shall comply with current radio frequency emissions standards of the Federal Communications Commission.
(e) Fencing and landscaping.
1. An eight-foot fence or wall, as measured from the finished grade of the site, shall be required around the base of a communications tower. The required fence or wall may include a maximum of three strands of barbed wire at the top to further prevent unauthorized access to the site. If a chain link fence or other type of wire fence is utilized it must be vinyl coated/colored black.
2. Landscaping, consistent with the requirements of this code, shall be installed around the entire perimeter of the fence. Additional landscaping may be required around the perimeter of the fence 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 this code in order to enhance compatibility with adjacent residential and nonresidential land uses. Landscaping shall be installed on the outside of the perimeter fence.
(f) High voltage and “No Trespassing” warning signs.
1. If high voltage is necessary for the operation of the communications tower or any accessory structures, “HIGH VOLTAGE - DANGER” warning signs shall be permanently attached to the fence or wall and shall be spaced not more than 40 feet apart.
2. “NO TRESPASSING” warning signs shall be permanently attached to the fence or wall and shall be spaced not more than 40 feet apart.
3. The letters for the “HIGH VOLTAGE,” “DANGER” and “NO TRESPASSING” warning signs shall be at least six inches in height. The two warning signs may be combined into one sign. The warning signs shall be installed at least five feet above the finished grade of the fence.
4. The warning signs may be attached to freestanding poles if the content of the signs may be obstructed by landscaping.
(g) 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 communication tower, unless repairs to the tower are being made.
(h) Signs and advertising. The use of any portion of a tower for signs or advertising purposes, including company name, banners, streamers, etc., is prohibited.
(i) Colors. The city may require that towers shall be painted in neutral colors, designed to blend into the surrounding environment. This requirement may be superseded by the requirements of other county, state, or federal regulatory agency possessing jurisdiction over communications towers.
(j) Lighting. Artificial tower lighting shall be limited to mandatory safety lighting required by county, state, or federal regulatory agencies possessing jurisdiction over communications towers. Security lighting around the base of a tower may be provided if such lighting does not adversely affect adjacent property owners. Unless required otherwise by the FAA, safety lighting of a communication tower at night shall be limited to red lights. White strobe lighting at night is prohibited.
(k) Inspections.
1. The City Commission may require periodic inspections of communication towers to ensure structural integrity. Such inspections may be required as follows:
a. Monopole towers: at least once every ten years;
b. Nonconforming communications towers: at least once every five 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 Director of Community Development. Based upon the results of an inspection, the City Commission may require repair or removal of a communication tower.
(l) Non-interference. No communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure non-interference with public safety system or public safety entities. Additionally, each application for conditional use to allow construction of a communication tower shall include either a preliminary or a certified statement that the construction of the tower, including reception and transmission functions, will not interfere with the usual and customary transmission or reception of radio, television, etc., service enjoyed by adjacent residential and nonresidential properties. In the event only a preliminary statement is submitted with the application, a final, certified statement of non interference will be provided and approved by the city prior to the issuance of a building permit. The statement shall be prepared by an engineer licensed to practice in the State of Florida or other professional accepted by the city.
(m) Measurement of tower height. Tower height shall be measured from the finished grade at the base of the tower to the highest point of the tower or appurtenance attached thereto.
(n) Exemption from minimum distance requirements. Communication towers installed and operated for public purposes by a federal, state, or local governmental agency shall be excluded from calculation of minimum distance requirements for communication towers operated for private purposes.
(o) Certification required. All plans for construction of a communication tower, including foundation plans, shall be certified by an engineer licensed to practice in the State of Florida.
(p) Hurricane evacuation routes. Communication towers shall not be constructed at a height and location that, in the event of tower failure, the tower may totally or partially block or impede any road or street designated as a hurricane evacuation route.
(q) Nonconforming communication towers. Any legal nonconforming communication tower, antenna or similar transmitting and receiving device is subject to § 154.10. Bona fide nonconforming communication towers rendered nonconforming due to separation requirements that are damaged or destroyed may be rebuilt only in compliance with these regulations.
(r) Type of construction. Communication towers shall be monopole construction; provided, however, camouflaged construction may be approved, and a waiver to the setbacks as established in Table 1 or the separation distances in Table 2 for camouflaged towers may be approved by the City Commission at a conditional use hearing, upon consideration of the following factors in addition to those set forth in the Code of Ordinances for conditional use approval:
1. Compatibility with adjacent properties;
2. Architectural consistency with adjacent properties; and
3. Visual impact on adjacent properties, including visual access of adjacent properties to sunlight.
(4) Approval and permitting process.
(a) Site plan review. All communication tower, and applicable communication antenna applications shall be reviewed under the general site plan review procedure prior to issuance of a building permit pursuant to the site plan review requirements of Chapter 156. Any request to deviate from any of the requirements of this section shall require conditional use approval from the City Commission. In addition to the submittal requirements contained therein, the following information shall be required:
1. The exact location of the proposed tower/antenna located on the most recent version of a Seminole County Property Appraisers Tax Map;
2. Documentation of compliance with separation requirements of Tables 1 and 2. The applicant shall indicate the exact distance, location, and identification of other communication towers on an appropriate map or drawing. This documentation shall include, but not be limited to, the distances between the base of the tower and the location of the residential uses and residential zoning districts as documented by a professional surveyor. The applicant shall also identify the type of construction of the existing communication tower(s) and the owner/operator of the existing tower(s) within three miles of the proposed tower location;
3. Drawing(s) showing elevation and height of the proposed communication tower, indicating the finished color and, if applicable, the method of camouflage and illumination;
4. The location of the proposed tower/antenna, placed upon an aerial photograph possessing a scale of not more than one inch equals 300 feet, indicating all adjacent land uses within a radius of 2,640 feet from all property lines of the proposed tower/antenna location site;
5. Line of sight analysis. The line of sight analysis shall include the following information:
a. An identification of significant existing natural and manmade features adjacent to the proposed tower/antenna location, to include those features that will provide buffering for adjacent properties and public rights of way;
b. An identification of at least three specific points within a 2,000 foot radius of the proposed tower/antenna from which the line of site analysis is presented;
c. A statement as to the potential visual and aesthetic impacts of the proposed tower/antenna from which the line of site analysis is presented:
d. A graphic illustration of the visual impact of the proposed tower/antenna on all adjacent residential zoning districts;
e. Such other additional information as may be required by city staff to fully review and evaluate the potential impact of the proposed tower/antenna.
f. The exact location of the specific points to be included within the line of site analysis shall be determined in coordination with the city staff, prior to preparation and completion of the analysis.
g. The visual impact analysis shall be prepared and sealed by an engineer or architect registered in the State of Florida. The city, at the expense of the applicant may employ consulting assistance to review the findings and conclusions of the visual impact analysis.
6. Site plans, landscape plans, or other information showing compliance with the performance standards outlined in division (C)(3);
7. For new tower applications, a statement by the applicant as to how construction of the communication tower will accommodate collocation of additional antennas for future users. This documentation shall include information that collocation shall provide accommodation for a communication provider of identical technology. The statement shall set forth all efforts made to collocate on existing structures;
8. If applicable, a signed affidavit from the landowner or tower owner that an executed lease agreement with a service provider for placement of the communication antenna collocation exists or will be executed upon approval of the application, and where the tower or antenna will be collocated;
9. For new tower applications, a written evaluation of whether an existing structure can reasonably be used for the antennae placement instead of the construction of a new tower. If the tower is proposed in a residential area, a statement that residential areas cannot be served from outside the residential area. The application shall also include a statement that the proposed height of a new tower or initial antennae placement or proposed height increase of a modified tower, replacement tower, or collocation is necessary to provide the designed service. The evaluation shall analyze, but is not limited to, the following factors:
a. Structural capacity of the tower or towers;
b. Radio frequency interference;
c. Geographic service area requirements;
d. Mechanical or electrical incompatibilities;
e. Inability or ability to locate equipment on the tower or towers; and
f. Any restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the tower.
g. This division does not apply to the installation of a utility pole in the right of way designed to support a small wireless facility.
(b) Conditional use review.
1. All communication towers requiring conditional use review shall be subject to the conditional use review criteria in §§ 154.70 through 154.73. Notwithstanding any of the foregoing provisions of this section, if a communication tower is to be located on city-owned property, the tower shall in all cases be subject to the conditional use approval process. Except as otherwise provided herein, the City Commission, following an advisory recommendation by the Planning and Zoning Board, may deny any application for a conditional use to permit construction of a communication tower/antenna if, in the opinion of the City Commission, the above land use compatibility or line of site analysis demonstrates that any of the following may occur:
a. The tower/antenna will be highly visible from one or more public rights-of-way;
b. The tower/antenna may adversely affect a residential neighborhood, indicated when an average of at least 50% of total height of the proposed tower/antenna will be visible from said neighborhood;
c. The tower/antenna may adversely affect surrounding residential or nonresidential properties; or
d. The proposed tower/antenna will be of a height, bulk and scale that is not compatible with surrounding residential or nonresidential uses.
2. As a condition of conditional use approval, time limitations on said approval may be established upon the expiration of which the conditional use shall be reevaluated at a public hearing by the City Commission after a recommendation by the Planning and Zoning Board.
(c) Building permits. Except for eligible facilities requests in accordance with division (E), a building permit shall be required for the construction and modification of all communication towers and communication antennas.
(d) Permit processing timeframes; “shot clock”. The city's action on proposals to place or maintain Communications Facilities shall be subject to the applicable standards and time frames set out in F.S. § 365.172, 47 U.S.C. §1455(a) and orders issued by the FCC, as same may be amended from time to time. All federal and state “shot clock” timeframe guidelines that apply to any particular permit are hereby recognized by the city, and the city will make all reasonable efforts to comply.
(e) The following procedures apply to construction of a new communication tower or modifications thereto, including the collocation of communication antenna:
1. Notification of completeness. The City Manager or designee shall notify the applicant within 20 business days after the date the application is submitted as to whether the application is, for administrative purposes only, properly completed and has been properly submitted in accordance with the requirements set forth above. However, such determination shall not be deemed as an approval of the application. Such notification shall indicate with specificity any deficiencies which, if cured, could make the application properly completed.
2. The city shall grant or deny each properly completed application for a collocation based on the application's compliance with this section, applicable provisions of the City Code and any other applicable regulations, and within the normal timeframe for a similar building permit review but in no case later than 45 business days after the date the application is determined to be properly completed. This timeframe shall not apply to lease negotiations for collocation on city-owned property. Eligible facilities shall be subject to the requirements set forth in division (E).
3. The city shall grant or deny each properly completed application for any other communication tower or antenna based on the application's compliance with this section and any other applicable law. including but not limited to the City Code, and within the normal timeframe for a similar type of review, but in no case later than 90 business days after the date the application is determined to be properly completed. This timeframe shall not apply to lease negotiations for wireless communications facilities on city-owned property.
4. An application is deemed submitted or resubmitted on the date the application is received by the city. If the city does not notify the applicant in writing that the application is not completed in compliance with the city's regulations within 20 business days after the date the application is initially submitted or additional information resubmitted, the application is deemed, for administrative purposes only, to be properly completed and properly submitted. However, the determination shall not be deemed as an approval of the application. If the application is not completed in compliance with the city's regulations, the city shall so notify the applicant in writing indicating with specificity any deficiencies in the required documents or deficiencies in the content of the required documents which, if cured, would make the application properly completed. Upon resubmission of information to cure the stated deficiencies, the city shall notify the applicant, in writing, within the normal timeframes of review, but in no case longer than 20 business days after the additional information is submitted, of any remaining deficiencies that must be cured. However, if applicant does not cure the application deficiencies within 20 business days after receiving the notice of deficiencies, the application shall be considered withdrawn or closed unless an extension, due to reasonable circumstances, of the time to cure is requested by the applicant prior to the expiration of the 20-day period, and such extension is granted by the City Manager or designee.
5. The timeframes specified above may be extended, only to the extent that the application has not been granted or denied, because the city's procedures generally applicable to all other similar types of applications require action by the City Commission or Planning and Zoning Board, and such action has not taken place within the specified timeframes. Under such circumstances, the City Commission or Planning and Zoning Board, as applicable, shall either grant or deny the application at its next regularly scheduled meeting, or, otherwise, the application shall be deemed automatically approved; accordingly, the City Manager or designee may by letter to the applicant extend the timeframe for a decision until the next available scheduled meeting date of the City Commission or Planning and Zoning Board as to whether to grant or deny an application for a permit taken pursuant to this section. To be effective, a waiver of the timeframes set forth herein must be voluntarily agreed to by the applicant and the city. The city may request, but not require, a waiver of the timeframes by the applicant, except that, with respect to a specific application, the city may require a one-time waiver in the case of a declared local, state, or federal emergency that directly affects the administration of all permitting activities of the city. Notwithstanding the foregoing, the city and an applicant may voluntarily agree to waive the timeframes set forth above.
f. Public notice. For purposes of this section, any conditional use request, variance request, or appeal of the Planning and Zoning Board's decision regarding this section shall require public notice to all directly abutting property owners and all property owners of properties that are located within the corresponding separation distances listed in division (C)(3)(b).
(D) Wireless communication facilities. All wireless communication facilities in the city shall be subject to these regulations except as noted for small wireless facilities:
(1) General requirements.
(a) Within the city, wireless communication facilities, as defined in this chapter, shall be permitted on private or public property, and within the city, county, and state public rights-of-way and public easements, subject to the requirements of this division (D). For wireless facilities in the right-of-way, Chapter 97 applies.
(b) All wireless communication facilities in/on privately-owned or public-owned property and in public rights-of-way and public easements shall be subject to the city's zoning and land use regulations which are consistent with state and federal law. If in the right-of-way, Chapter 97 applies.
(c) Collocation of wireless communication facilities is strongly encouraged. Where multiple providers are seeking to locate in the same geographic area, every effort should be made to collocate, where consistent with state law.
(d) Wireless communication facilities attached to a permitted and legally installed and maintained vertical structure in a public right-of-way, such as a street light pole or utility pole, is strongly encouraged, but still subject to the applicable design standards in Chapter 97, except as provided in state law.
(e) Privately owned fire, radio, television towers, stage towers, smoke stacks, and flag poles are prohibited within the rights-of-way.
(2) Use, height and separation requirements.
(a) Zoning and maximum heights. Wireless communication facilities shall be permitted in the zoning districts indicated below in Table 3, at the maximum heights indicated. The zoning of the nearest adjacent property will apply to wireless communication facilities proposed in a city, county, or state public-right-of-way.
TABLE 3 Permitted Zoning Districts and Maximum Heights Requirements* | ||
ZONING DISTRICT | PRIVATE AND PUBLIC PROPERTY | MAXIMUM HEIGHT |
A-1,RCE, RM, R-l A, R-1AA, R-l AAA, R-1B, GU, R-2, R-3, DC, or property with Downtown Development District Future Land Use Category. Residential Use in a PUD. Any similar zoning district in adjoining jurisdictions. | Other than small wireless facilities in the right-of- way, not permitted on residentially zoned property unless applicant can conclusively demonstrate to the satisfaction of the city that it cannot reasonably provide its wireless service to the residential area from outside of the district. | 35 feet/10 feet above structure for small wireless |
C-l, PO, Commercial or Office Use in a PUD. Any similar zoning district in adjoining jurisdictions. | Permitted | 35 feet/10 feet above structure for small wireless |
C-2. Any similar zoning district in adjoining jurisdictions. | Permitted | 35 feet/10 feet above structure for small wireless |
M-l A, M-2A. Any similar zoning district in adjoining jurisdictions. | Permitted | 45 feet/10 feet above structure for small wireless |
NOTE: * The height and zoning requirements set forth herein shall not apply to the installation of a small or micro wireless facility in the rights of way permitted in accordance with Chapter 97
. In accordance with F.S. § 337.401, the height for a new utility pole installed in conjunction with the collocation of a small wireless facility shall be limited to the tallest existing utility pole as of July 1, 2017, located in the same right-of-way, other than a utility pole for which a waiver has previously been granted, measured from grade in place within 500 feet of the proposed location of the small wireless facility. If there is no utility pole within 500 feet, the height of the utility pole shall not exceed 50 feet. Small wireless facilities can be placed up to ten feet above the utility pole or structure. | ||
(b) Permitted use in PUD. Wireless communication facilities shall be indicated as permitted use in a PUD master land use plan in order to be considered as permitted on private and public property pursuant to the above table.
(c) Height compatibility. The size and height of structures supporting wireless communication facilities in the right-of-way shall not be greater than the maximum size and height of utility poles in the same block-face, subject to the maximum heights provided above. For small wireless facilities, the structures cannot be greater than the maximum size/height of utility poles within 500 feet.
(d) Determination of similar zoning district in adjoining jurisdictions. When a wireless communication facility other than a small wireless facility is proposed to be located in a right-of-way within the city limits which is adjacent to property located in an adjoining jurisdiction, the Community Development Director, in consultation with the City Manager, shall determine the corresponding city zoning district for purposes of applying the zoning and maximum height requirements of this section.
(e) Separation from adjacent off-site residential. In accordance with F.S. §337.40l(7)(d)4, except for the placement of small wireless facilities in the right-of-way or collocated facilities pursuant to Chapter 97 of this code, no wireless communication facility shall be permitted within 75 feet of any adjacent off-site single-family or multi-family residential principal structure unless applicant can conclusively demonstrate to the satisfaction of the city that it cannot reasonably provide its wireless service to the residential area from outside of the district. Documentation shall be submitted with any application for permit approval to demonstrate conformance with the separation requirement.
(f) Separation distances between wireless communication facilities. In accordance with F. S. § 337.401(7)(d)4, the placement of small wireless facilities in the right of way or small wireless facilities collocated pursuant to Chapter 97 are not limited by minimum separation distances. With that exception, the minimum separation distance between all other wireless communication facilities shall be 1,000 feet. Separation distances shall be irrespective of jurisdiction or location in rights-of-way or on parcels of land and shall be measured by drawing or following a straight line between the base of the existing wireless communication facility and the base of the proposed facility. Documentation shall be submitted with any request for a wireless communication facility to demonstrate conformance with the requirement for separation distances between wireless communication facilities.
(g) The city may request that the proposed location of a small wireless facility be proposed for another location in the right-of-way and placed on an alternative city utility pole or support structure or a new utility pole. The city and the applicant may negotiate the alternative location, including any objective design standards and reasonable spacing requirements for ground-based equipment, for 30 days after the date of the request. At the conclusion of the negotiation period, if the alternative location is accepted by the applicant, the applicant must notify the city of such acceptance and the application shall be deemed granted for any new location for which there is agreement and all other locations in the application. If an agreement is not reached, the applicant must notify the city of such non-agreement and the city must grant or deny the original application within 90 days after the date the application was filed. A request for an alternative location, an acceptance of an alternative location, or a rejection of an alternative location must be in writing and provided by electronic mail.
(3) Approval and permitting process.
(a) Private and public property (except public right-of-way). Wireless communication facilities that comply with the requirements of this division may be installed and located on private or public property through the building permit review and approval process. If in the right-of-way, Chapter 97 applies. Also a right-of-way permit is required, unless the application is for the replacement or modification of a wireless facility, except a tower, that would result in a wireless facility not discernibly different from the existing facility; then only building permit review is required. Such wireless communication facilities shall be exempt from site plan review by the Development Review Committee and the Planning and Zoning Board provided the proposed wireless communication facility does not impact or conflict with improvements or landscaping on the subject property. In the event a proposed wireless communication facility conflicts with existing or proposed improvements or landscaping on the subject property, a site plan revision shall be required before permit issuance.
1. Submittal requirements. In addition to the standard building permit submittal requirements, applicants for wireless communication facilities shall submit plans which include the following:
a. A site plan of the entire property indicating where the limits of work are located on the property, and a blow-up of the limits of work area depicting the details of the proposed installation.
b. Depiction and identification within a minimum of 50 feet of work of all above ground infrastructure and improvements, including without limitation, pavement, curb, sidewalks, buildings, utility poles, etc. and all below ground infrastructure and utilities, including without limitation, foundations, tanks, utilities, etc., within limits of work.
c. Depiction and identification within a minimum of 50 feet of work of all existing landscaping and vegetation.
d. Depiction and identification of all existing easements within limits of work and any additional easement(s) acquired (e.g., access easement, temporary construction easement, or other easement) for construction of work. Easements must denote recording information.
e. Except for small wireless facilities, depiction and identification of the separation distance from all residential uses, include addresses, zoning, and type of residential use (e.g., single-family residential, multi-family, townhomes).
f. A profile view of the wireless communication facility demonstrating overall height and compliance with the pole construction requirements, design requirements, and all other applicable requirements of this section.
g. Indication of the assigned address on the plan and a copy of the address assignment letter from Seminole County.
h. Except for small wireless facilities, depiction and identification of all wireless communication facilities located within a 600-foot radius measured from the center of the proposed wireless communication facility to the center of any existing wireless communication facility. If none exist within the 600-foot radius, the plans must denote this.
i. Depiction and identification of all proposed improvements for the wireless communication facility.
2. Permit processing timeframes; “shot clock”. The city's action on proposals to place or maintain communications facilities shall be subject to the applicable standards and time frames set out in F.S. §365.172, 47 U.S.C. §1455(a) and orders issued by the FCC, as may be amended from time to time, which supersede this code. All federal and state “shot clock” timeframe guidelines that apply to any particular permit are hereby recognized by the city, and the city will make all reasonable efforts to comply. The following procedures apply to construction or installation of a new wireless communication facility or modification thereto:
a. Notification of completeness. The City Manager or designee shall notify the applicant within 20 business days after the date the application is submitted as to whether the application is, for administrative purposes only, properly completed and has been properly submitted in accordance with the requirements set forth above. However, such determination shall not be deemed as an approval of the application. Such notification shall indicate with specificity any deficiencies which, if cured, could make the application properly completed.
b. The city shall grant or deny each properly completed application for a collocation based on the application's compliance with this section, applicable provisions of the City Code and any other applicable regulations, and within the normal timeframe for a similar building permit review, but in no case later than 45 business days after the date the application is determined to be properly completed. This timeframe shall not apply to lease negotiations for collocation on city-owned property. Eligible facilities shall be subject to the requirements set forth in division (E).
c. The city shall grant or deny each properly completed application for any other wireless communications facility based on the application's compliance with this section and any other applicable law, including but not limited to the City Code, and within the normal timeframe for a similar type of review, but in no case later than 90 business days after the date the application is determined to be properly completed. This timeframe shall not apply to lease negotiations for wireless communications facilities on city-owned property.
d. An application is deemed submitted or resubmitted on the date the application is received by the city. If the city does not notify the applicant in writing that the application is not completed in compliance with the city's regulations within 20 business days after the date the application is initially submitted or additional information resubmitted, the application is deemed, for administrative purposes only, to be properly completed and properly submitted. However, the determination shall not be deemed as an approval of the application. If the application is not completed in compliance with the city's regulations, the city shall so notify the applicant in writing indicating with specificity any deficiencies in the required documents or deficiencies in the content of the required documents which, if cured, would make the application properly completed. Upon resubmission of information to cure the stated deficiencies, the city shall notify the applicant, in writing, within the normal timeframes of review, but in no case longer than 20 business days after the additional information is submitted, of any remaining deficiencies that must be cured. However, if applicant does not cure the application deficiencies within 20 business days after receiving the notice of deficiencies, the application shall be considered withdrawn or closed unless an extension due to reasonable circumstances of the time to cure is requested by the applicant prior to the expiration of the 20-day period and such extension is granted by the City Manager or designee.
e. The timeframes specified above may be extended only to the extent that the application has not been granted or denied, because the city's procedures generally applicable to all other similar types of applications require action by the City Commission or Planning and Zoning Board, and such action has not taken place within the specified timeframes. Under such circumstances, the City Commission or Planning and Zoning Board, as applicable, shall either grant or deny the application at its next regularly scheduled meeting, or, otherwise, the application shall be deemed automatically approved; accordingly, the City Manager or designee may by letter to the applicant extend the timeframe for a decision until the next available scheduled meeting date of the City Commission or Planning and Zoning Commission. To be effective, a waiver of the timeframes set forth herein must be voluntarily agreed to by the applicant and the city. The city may request, but not require, a waiver of the timeframes by the applicant, except that, with respect to a specific application, the city may require a onetime waiver in the case of a declared local, state, or federal emergency that directly affects the administration of all permitting activities of the city. Notwithstanding the foregoing, the city and an applicant may voluntarily agree to waive the timeframes set forth above.
(b) Public rights-of-way. Wireless communication facilities that comply with the requirements of this section may be installed and located within city, county, and state public rights-of-way and public easements within the city limits of the city through the right-of-way permitting process set forth in Chapter 97.
(c) Compliance with Land Development Code. An existing or proposed wireless communication facility on private or public property or in public rights-of-way or public easements shall only be constructed, utilized, and maintained in a manner consistent with the City Land Development Code where consistent with state and federal law.
(4) Design standards. These design standards apply to all wireless facilities, except for small wireless facilities in the right-of-way. (See Chapter 97).
(a) Type of pole construction. The following vertical pole structures may be used as support structures for new wireless communication facilities,subject to compliance with the requirements of this division, to include the use and height requirements:
1. Utility poles.
a. Utility poles may be used as wireless support structures when wireless communication facilities are added to an existing utility pole, or an existing utility pole is replaced in order to support wireless communication facilities.
b. Except for small wireless facilities collocated or installed in accordance with Chapter 97 in the right- of-way, wireless communication facilities shall not be installed on existing, replacement, or new wood utility poles. To be utilized for wireless communication facilities, the utility pole must be upgraded to metal or another material acceptable to the city in order for the infrastructure to be hidden from view.
c. New and replacement utility poles that support wireless communication facilities shall substantially match the style, design, and color of non-wood utility poles in the surrounding area.
d. New utility poles shall not be permitted in areas that have street-scaping or where the above-ground utilities have been removed or placed underground.
e. Where decorative street lights are the predominant fixture, utility poles that support wireless communication facilities shall match the style, design, and color of the decorative streetlight poles
2. Street lights and on-site light poles.
a. Street lights in rights-of-way and on-site light poles may be used as wireless support structures when wireless communication facilities are added to an existing light pole, or an existing light pole is replaced in order to support wireless communication facilities.
b. Such street lights or on-site light poles shall continue to match the style, design, and color, of existing street light poles on that particular street or particular parcel of land.
3. Stand-alone wireless support structure applicable to macro wireless facilities.
a. New poles designed specifically to support wireless communication facilities may be used for wireless communication facilities.
b. For placement in public rights-of-way, an applicant must provide satisfactory evidence to the city that no existing utility poles or street lights can be reasonably used for the wireless communication facility placement instead of the construction of a new, single-purpose support pole.
c. New wireless communication facility support poles shall be decorative monopoles with a black finish, and shall be concealed or stealth poles.
4. Traffic signal poles. Except for small wireless facilities collocated pursuant to Chapter 97, wireless communication facilities shall not be installed on a traffic signal pole, whether owned by the city, county, or other agency, unless authorized by the agency owning the pole and the city.
(b) Installation and stealth requirements.
1. Stealth design for above-ground communications facilities, utility poles and wireless support structures, shall be utilized wherever possible to minimize the visual impact of communications facilities on, and preserve compatibility with, surrounding neighborhoods, and to eliminate the need to locate any ground or elevated equipment on the exterior of a communications facility or existing structure. Stealth design is not required with respect to wireline pole attachment installations made in the communication space of utility poles. The city will not limit the size or configuration of a small wireless facility or any of its components, if the size is in accordance with F.S. §337.401. To the extent reasonably practicable for the site, and to the extent permitted by state law, stealth design features shall include, but are not limited to, the following:
a. For new utility poles and new wireless support structures, as well as existing structures in the public rights-of-way, (1) top-mounted antennas within enclosures that do not extend the diameter of the supporting communications facility pole, wireless support structure, existing structure or other support structure at the level of antenna attachment, or (2) side-mounted antennas within enclosures that extend no more than two feet beyond the exterior dimensions of the supporting structure at the level of antenna attachment, shall be utilized. For purposes of calculating the above, the dimensions of the supporting communications facility pole, wireless support structure, existing structure or other support structure do not include any platform, rack, mount or other hardware used to attach an antenna or antenna enclosure to the supporting structure. Nothing contained in this division a. shall be construed to limit stealth design as specified in other divisions below.
b. Small wireless facilities are prohibited on utility poles, wireless support structures, or similar structures 15 feet or less in height unless incorporated into and hidden in the pole under a top mounted street light in a design substantially similar to the acorn lights in the city.
c. The use of foliage and vegetation, based on conditions of the specific area where the communication facility is to be located. Trees shall be approved by the City's Community Development Director under separate permit.
d. Equipment wraps (the imagery in a wrap shall not contain any commercial speech).
e. Flag poles.
f. Street light fixtures.
g. Other stealth design proposed by an applicant and approved by the city based on unique circumstances applicable to the facility or the location or both.
2. Ground-mounted equipment cabinets and battery backup cabinets shall be permitted. On private and public property, equipment boxes for wireless communication facilities must be located in areas with existing foliage or another aesthetic feature to obscure the view of the equipment box. Additional plantings may be required in order to meet this requirement. The external finish of all ground-mounted cabinets and associated hardware shall be black.
3. Equipment cabinets or battery backup cabinets shall not be mounted to the exterior of a pole, except as provided in F.S. §337.401, for small wireless facilities.
4. Electric power and communication lines servicing wireless communication facilities shall be located underground. Aerial connections shall be prohibited, except as provided in F.S. §337.401, for small wireless facilities.
5. No exposed wiring or conduit is permitted. All conduit and wiring shall be located inside the pole, except as provided in F.S. §337.401, for small wireless facilities.
6. Exterior looping of excess cable length installed on any wireless communication facility is prohibited, except as provided for in F.C. §337.401, for small wireless facilities.
7. Electric meters and disconnect switches shall not be located on the pole. All such infrastructure shall be hidden in an equipment cabinet off the pole, except as provided for in F.S. §337.401, for small wireless facilities.
8. The grounding rod shall not extend above the top of the sidewalk and must be placed in a pull box, and the ground wire between the pole and ground rod must be inside an underground conduit.
9. All pull boxes must be vehicle load bearing, comply with FDOT Standard Specification 635 and be listed on the FDOT approved products list. No new pull boxes may be located in pedestrian ramps.
10. No signals, lights, or illumination shall be permitted on an antenna, except in the case of a light pole to which such antenna is attached, unless required by applicable state or federal laws or rules.
11. For purposes of emergency contact, the owner of the wireless communication facility shall place one identification label on the equipment advising of the name and contact telephone number of the owner of the wireless communication facility.
12. FCC emissions standards. All personal wireless service facilities in the public rights-of-way shall comply with current radio frequency emissions standards of the Federal Communications Commission.
13. Aerial towers and aerial fiber optic cable connections are not permitted, except as provided in F.S. §337.401, for small wireless facilities.
(c) Placement requirements applicable to macro wireless facilities except for small wireless facilities in the right-of-way (unless required by applicable codes).
1. All wireless communication facilities and accessory equipment shall be located to avoid any physical or visual obstruction to pedestrian, bicycle, or vehicular traffic, or to otherwise create safety hazards to pedestrians, bicyclists, or motorists.
2. When located within a public right-of-way or private street:
a. Where available, wireless communication facilities shall be located inthe parkway strip or street furniture zone, as defined in § 154.09. When a parkway strip or street furniture zone is available, wireless communication facilities shall not be located in the pedestrian clear zone as defined in this chapter. Wireless communications facilities in the parkway strip or street furniture zone shall generally be placed in the center of the parkway strip or street furniture zone and shall meet minimum Florida Department of Transportation and City of Lake Mary roadway setback requirements from the back-of-curb.
b. Where there is no parkway strip or street furniture zone, wireless communication facilities shall maintain a minimum five-foot wide pedestrian clear zone between the wireless communication facility and edge of sidewalk.
c. Wireless communication facilities shall be located at least ten feet from the edge of existing trees 12 inches or greater in diameter at breast height.
3. When located in any other location that is adjacent to a sidewalk or pedestrian way, a minimum five foot wide pedestrian clear zone shall be maintained.
4. Wireless communication facilities shall be located at least ten feet from a driveway.
5. Wireless communication facilities shall be set back a minimum of 25 feet from a traffic signal pole and set back a minimum of 15 feet from any pedestrian ramp.
6. Notwithstanding the above, the city may require greater setbacks from these and other fixtures in the right-of-way to ensure proper sight lines for public safety purposes.
7. When adjacent principal use buildings are located within ten feet of the right-of-way, wireless communication facilities shall be located between tenant spaces or adjoining properties where their shared property line intersect the right-of-way.
8. The city may request that the proposed location of a small wireless facility be proposed for another location in the right-of-way and placed on an alternative city utility pole or support structure or on a new utility pole. The city and the applicant may negotiate the alternative location, including any objective design standards and reasonable spacing requirements for ground-based equipment, for 30 days after the date of the request. At the conclusion of the negotiation period, if the alternative location is accepted by the applicant, the applicant must notify the city of such acceptance and the application shall be deemed granted for any new location for which there is agreement and all other locations in the application. If an agreement is not reached, the applicant must notify the city of such non-agreement and the city must grant or deny the original application within 90 days after the date the application was filed. A request for an alternative location, an acceptance of an alternative location, or a rejection of an alternative location must be in writing and provided by electronic mail.
(d) Setback and landscape buffer requirements. When located on privately or publicly owned parcels of land (i.e., not right-of-way), wireless communication facilities, support structures/poles, cabinets, and equipment shall conform to the following setback and landscape buffer requirements, which are similar to the requirements for other types of accessory uses:
1. Front yards. Wireless communication facilities shall be located behind the front building line established by existing buildings onthe property, and shall not be located in front landscape buffers.
2. Side yards. Wireless communication facilities shall not be located in the required side yard setback or landscape buffer. Exception: utility poles located in public utility easements that support wireless communication facilities.
3. Rear yards. Wireless communication facilities shall be no closer than six feet to the rear lot line. Exception: utility poles located in public utility easements that support wireless communication facilities.
4. The city may require the use of landscaping as a buffer, consistent with the landscaping otherwise located on the property. Additional landscaping or fencing may be required if deemed necessary to buffer adjacent properties or to screen the proposed wireless communication facility equipment.
(5) Modification of existing wireless communication facilities. Collocation, removal, or replacement of reception or transmission equipment for an existing wireless communication facility, which does not otherwise qualify as an eligible facilities request in accordance with division (E), shall only be subject to a building permit on private or public property, or a right-of-way utilization permit in public rights-of-way, either of which shall include an administrative review for compliance with this division, provided the modification does not result in a wireless communication facility that is readily discernibly different in size, type and appearance, when viewed from ground level, from surrounding properties, and the replacement or modification of equipment that is not visible from surrounding properties, all as reasonably determined by the City Engineer. This requirement shall not supersede any lease agreement between a service provider and landowner, including the city.
(6) Maintenance.
(a) All wireless communication facilities shall be maintained consistent with city approvals, the requirements of the Land Development Code, and in good repair, including exterior finishes, surfaces and structures.
(b) Routine maintenance not modifying the wireless communications facility from the approved permitted drawings may be performed without a permit from the city.
(c) Damaged poles or facilities shall be immediately repaired, removed, or replaced. Within public rights-of-way, in the event that damage to a wireless communication facility poses a safety hazard to the public, the city has a right to remove at the owner's expense.
(d) All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of communications facilities and wireless communication facilities.
(e) The use of any portion of a wireless communication facility or support pole for the posting of signs or for advertising purposes, including, but not limited to the display of lights, banners and streamers, is strictly prohibited.
(7) Waivers. Notwithstanding the waiver provisions set forth in § 97.18, which are applicable to the collocation of small wireless facilities within public rights-of-way, the Community Development Director has the authority to grant the following waivers for wireless communication facilities located on private or public property and in rights-of-way a finding that such waiver would not be contrary to the public interest:
(a) To increase the maximum height of a wireless communication facility up to 10% if the applicant demonstrates that the increased height:
1. Accommodates the collocation of antennas from more than one wireless provider; or
2. Improves transmission impacted by surrounding buildings or topography, provided that there is adequate tree canopy to mitigate for the increase in height.
(b) To decrease the separation distance requirement between wireless communication facilities set forth in division (D)(2)(f), by up to 10%, if the applicant demonstrates:
1. An existing utility pole is being replaced; or
2. Impediments such as a dense tree canopy or tall structure interfere with signal transmission.
(c) To reduce the design requirements in division (D)(4), the placement requirements in division (D)(4)(c), or the setback and landscape buffer requirements in division (D)(4)(d), if the applicant demonstrates that the intent of this division is better served by such waiver.
(8) Compliance with franchise agreement. In addition to the requirements contained herein, all applications that involve the utilization of electric utility poles or facilities in city right-of-way shall include documentation that the electric utility has complied with the requirements of the franchise agreement which requires additional and separate permission from the city to utilize its electric utility system facilities in the city's right-of-ways to provide other, non-electric utility services or products.
(9) Registration. Registration with the city is required pursuant to Chapter 97, prior to applying for permits to place, occupy, or maintain a communication system in the public right-of-way.
(E) Eligible facilities request.
(1) Definitions. For the purposes of this division (E) only, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“BASE STATION.”
1. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a communication tower as defined in § 154.09
, or any equipment associated with a tower. “BASE STATION” includes, without limitation:
a. 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.
b. 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).
c. Any structure other than a tower that, at the time the relevant application is filed with the city under this subsection, supports or houses equipment described in divisions 1.a. and b. of this definition 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 that support.
2. The term does not include any structure that, at the time the relevant application is filed with the city under this subsection, does not support or house equipment described in divisions 1.a. and b. of this definition.
“COLLOCATION.” The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting or receiving radio frequency signals for communication purposes. “COLLOCATION” includes the first placement of transmission equipment on a wireless tower or base station.
“ELIGIBLE FACILITIES REQUEST.” Any request for modification of an existing tower or base station in the public rights-of-way that, in accordance with the definitions contained in FCC regulations codified at 47 C.F.R. § 1.40001, does not substantially change the physical dimensions of the existing structure and is requesting:
1. Collocation of new transmission equipment;
2. Removal of existing transmission equipment; or
3. Replacement of existing transmission equipment.
“ELIGIBLE SUPPORT STRUCTURE.” Any tower or base station as defined in this subsection, provided that it is existing at the time the relevant application is filed with the city under this division (E).
“EXISTING.” A constructed tower or base station existing for purposes of this division that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this division (E).
“SITE.” For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower, and any access or utility easements currently related to the “SITE,” and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
“SUBSTANTIAL CHANGE.” A modification that substantially changes 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 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act;
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 20 feet, or more than the width of the tower structure at the level of the appurtenance, 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 feet;
3. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four 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 preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets 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 divisions a. through d. of this definition.
“TOWER.” Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, 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 wireless services such as microwave backhaul, and the associated site.
“TRANSMISSION EQUIPMENT.” Equipment that facilitates transmission 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.
(2) Applicability and intent. This division implements Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act) as interpreted by the FCC’s Acceleration of Broadband Deployment Report and Order, which requires local governments to approve any eligible facilities request for modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station. This division shall apply only to eligible facilities requests for an eligible support structure that is a legal conforming or legal nonconforming structure at the time a completed eligible facilities request is submitted to the city. To the extent that the nonconforming structures and use provisions of the City Land Development s request otherwise allowed under this section, such provisions are superseded by this division. This division shall not apply to an eligible facilities request which requests replacement of the existing tower or base station. This division shall also not apply where the wireless communications facility requested to be modified is located upon a city-owned structure, or upon non-right-of- way property which is either city-owned or city-leased.
(3) Application. No eligible facilities request shall be deemed complete unless it is in writing, accompanied by the application fee, includes the required submittals, and is attested to by the authorized person submitting the application on behalf of the applicant. The application shall be submitted on a form prepared by the city. The applicant shall be obligated to demonstrate conclusively that the proposed modification satisfies the standards set forth herein and that the modification shall meet all applicable codes.
(4) Timeframe for review. Within 45 days of the date on which an applicant submits a request seeking approval under this division (E), the city shall approve, and may not deny, an eligible facilities request, unless it determines that the application is not covered by this division or proposes a substantial change to the physical dimensions of the eligible support structure.
(5) Tolling of timeframe for review. The 45-day period begins to run when the application is filed with the Community Development Department in person during the city's regular business hours, and may be tolled only by mutual agreement, or in cases where the city determines that the application is incomplete.
(a) To toll the time frame for incompleteness, the city must provide written notice to the applicant within 14 days of receipt of the application, clearly and specifically delineating all missing documents or information.
(b) The timeframe for review begins running again when the applicant makes a supplemental submission in response to the city's notice of incompleteness.
(c) Following a supplemental submission, the city shall have ten days to notify the applicant that the supplemental submission did not provide the information identified in the original notice, delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the same procedure used for the first notice of incompleteness. Except as may be otherwise agreed to by the applicant and the city, second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
(d) Notices of incompleteness from the city shall be deemed received by the applicant upon the earlier of personal service upon the applicant, three days from deposit of the notice in the U.S. Mail, postage prepaid, to the applicant, or by electronic mail if the applicant has agreed to receive notices in such a manner.
(e) If after submittal of the application the applicant modifies the eligible facilities request, the modified application shall be considered a new application subject to commencement of a new application review period.
(6) Health and safety codes. Nothing in this division (E) shall relieve the applicant from compliance with applicable codes and with other laws codifying objective standards reasonably related to health and safety. Any eligible facilities request may be conditioned upon compliance with such codes and other laws.
(7) Expiration of approval. An approved eligible facilities request shall be valid for a term of 180 days from the date of approval or the date the application is deemed approved.
(8) Not covered as an eligible facilities request. Should the city determine that an applicant's request is not covered by Section 6409(a) of the Spectrum Act, the presumptively reasonable time frame under 47 U.S.C. § 332(c)(7), as prescribed by the FCC's Shot Clock order, will begin to run from the issuance of the city's decision that the application is not a covered request. To the extent such information is necessary, the city may request additional information from the applicant to evaluate the application under 47 U.S.C. § 332(c)(7), pursuant to the limitations applicable to other reviews under that statute.
(9) Failure to act. In the event the city fails to approve or deny a request under this subsection within the timeframe for review, accounting for any tolling, the request shall be deemed granted. The application deemed granted does not become effective until the applicant notifies the city in writing after the review period has expired, accounting for any tolling, that the application has been deemed granted.
(F) Removal of abandoned or unused facilities. All abandoned or unused communication towers or wireless communication facilities must be removed by the property owner within 90 days of cessation of use. In the event the use of any communication tower or wireless communication facility has been discontinued for a period of 180 consecutive days, the tower or facility shall be deemed to be abandoned. Except for those facilities located within public rights-of-way, determination of the date of abandonment shall be made by the Administrative Official who shall have the right to request documentation or affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to: (1) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower, or (2) dismantle and remove the tower. Except as provided herein, the abandonment of wireless communication facilities within public rights-of-way shall be managed in accordance with the procedures set forth in § 97.26. All conditional use, waiver, or variance approvals for the communication tower or wireless communication facility shall automatically expire 180 days from the date of abandonment without reactivation or upon completion of dismantling and removal, whichever is first, or pursuant to the notice required by § 97.26.
(G) Enforcement remedies.
(1) A communications services provider's failure to comply with provisions of this section shall constitute a violation of this section and shall subject the communications services provider to the code enforcement provisions and procedures as provided in Chapters 30 and 37. In addition, violation of this section may be punishable as provided in F.S. § 162.22.
(2) No provision of this section shall be deemed to bar the city from seeking or obtaining judicial relief from a violation of any provisions of this section, or any rule, regulation, or general condition provided for hereunder, whether administratively, judicially or both. Neither the existence of other remedies identified in this section nor the exercise thereof shall be deemed to bar or otherwise limit the right of the city to recover fines, penalties, or monetary damages (except where liquidated damages are otherwise prescribed) for such violation by the communications services provider. The remedies available to the city shall be cumulative and in addition to any other remedies provided bylaw or equity. The laws of the State of Florida shall govern with respect to any proceeding in law or equity pertaining to the enforcement of this section or any cause or action arising out of or in connection herewith.
(3) In any proceeding before the City Commission where there exists an issue with respect to a communications services provider's performance of its obligations pursuant to this section, the communications services provider shall be given the opportunity to provide such information as it may have concerning its compliance with the terms and conditions of this section. The city may find a communications services provider that does not demonstrate compliance with the terms and conditions of this section in default and apply any appropriate remedy or remedies as authorized by this section. In determining which remedy is appropriate, the City Commission shall take into consideration the nature of the violation, the person bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the City Commission determines are appropriate to the public interest.
(4) Failure of the city to enforce any requirements of this section shall not constitute a waiver of the city's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies.
(Ord. 241, passed 11-27-85; Am. Ord. 817, passed 2-6-97; Am. Ord. 1567, passed 6-15-17; Am. Ord. 1625, passed 8-20-20)