For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined shall be construed to mean the common and ordinary meaning.
“ABANDONMENT.” The permanent cessation of all uses of a communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be “ABANDONMENT” of a facility in public rights-of-way.
“ANTENNA.” Communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services or other communications services.
“APPLICABLE CODES.” Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address threats of destruction of property or injury to persons, and includes the National Electric Safety Code and the 2017 edition of the Florida Department of Transportation Utility Accommodation Manual.
(1) The term includes objective design standards adopted by ordinance that may require a new utility pole that replaces an existing utility pole to be of substantially similar design, material, and color or that may require reasonable spacing requirements concerning the location of ground-mounted equipment.
(2) The term includes objective design standards adopted by ordinance that may require a small wireless facility to meet reasonable location context, color, stealth, and concealment requirements; however, such design standards may be waived by the city upon a showing that the design standards are not reasonably compatible for the particular location of a small wireless facility or that the design standards impose an excessive expense. The waiver shall be granted or denied within 45 days after the date of the request (F.S. § 337.401(7)(r)).
(3) The term includes objective design standards adopted by ordinance that may require a new utility pole used to support a small wireless facility to meet reasonable location context, color and material of the predominant utility pole type at the proposed located of the new utility pole.
“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 Chapter 154
, 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 chapter, 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 chapter, does not support or house equipment described in subsections (1)(a) and (b) of this definition.
“CITY.” Lake Mary, Florida.
“CITY UTILITY POLE.” A utility pole owned by the city in the public rights-of-way.
“COLLOCATE” or “COLLOCATION.” To install, mount, maintain, modify, operate, or replace one or more wireless communication facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does not include the installation of a new utility pole or wireless support structure in the public rights-of-way. (F.S. § 337.401(7)(b)7).
“COMMUNICATIONS FACILITY” or “FACILITY” or “SYSTEM.” Any permanent or temporary plant, equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the public rights-of-way of the city and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer communications services. For the purposes of this chapter, the term shall include wireless communication facility or wireless communication facilities.
“COMMUNICATIONS SERVICES.” Shall have the definition ascribed thereto in F.S. § 202.11(1), as may be amended, and also includes, but is not limited to wireless services, as defined herein.
“COMMUNICATIONS SERVICES PROVIDER.” Any person including a municipality or county providing communications services through the placement or maintenance of a communications facility in public rights-of-way. “COMMUNICATIONS SERVICES PROVIDER” shall also include any person including a municipality or county that places or maintains a communications facility in public rights-of-way but does not provide communications services.
“DEALER.” Any person, municipality or county providing communications services to an end user in the city through the use and operation of communications facilities installed, placed and maintained in the public rights-of-way, whether owner or leased, and who has registered with the Florida Department of Revenue as a provider of communications services pursuant to F.S. Chapter 202. This definition of “DEALER” is intended to include any reseller.
“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.
“FCC.” The Federal Communications Commission.
“IN PUBLIC RIGHTS-OF-WAY” or “IN THE PUBLIC RIGHTS-OF-WAY.” In, on, over, under or across the public rights-of-way.
“MACRO WIRELESS FACILITY.” A large wireless communication facility that provides radio frequency coverage for a personal wireless service. Generally, macro cell antennas are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro cell facilities typically contain antennas that are greater than three cubic feet per antenna and typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers.
“MICRO WIRELESS FACILITY.” A small wireless facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches.
“PASS-THROUGH FACILITIES.” The facilities for a communications system that merely pass through the city from one point to another point and from which no revenues are directly attributable to subscribers or other carriers within the city.
“PASS-THROUGH PROVIDER.” Any person who places or maintains a communications facility in the roads or rights-of- way of a municipality or county that levies a tax pursuant to F.S. Chapter 202 and who does not remit taxes imposed by that municipality or county pursuant to F.S. Chapter 202.
“PERMIT.” A communications rights-of- way utilization permit required pursuant to § 97.06 prior to commencement of any placement or maintenance of facilities within the public rights-of-way.
“PERSON.” Any individual, children, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations, and shall include the city only to the extent the city acts as a communications services provider.
“PLACE OR MAINTAIN” or “PLACEMENT OR MAINTENANCE” or “PLACING OR MAINTAINING.” To erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A communications services provider that owns or exercises physical control over communications facilities in public rights-of-way, such as the physical control to maintain and repair, is “PLACING OR MAINTAINING” the facilities. A person providing service only through resale or only through use of a third party's unbundled network elements is not “PLACING OR MAINTAINING” the communications facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights- of-way does not constitute “PLACING OR MAINTAINING” facilities in the public rights- of-way.
“PUBLIC RIGHTS-OF-WAY” or “RIGHTS-OF-WAY.” Land in which the city owns the fee or has an easement devoted to or required for use as a transportation facility and may lawfully grant access pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface of such “RIGHT-OF-WAY.”
“RECORD DRAWINGS.” A final and complete drawing accurately depicting the improvements as constructed. Record drawings are not required to be signed and sealed by a professional surveyor and mapper.
“REGISTRANT.” A communications services provider that has registered with the city in accordance with the provisions of this chapter.
“REGISTRATION” or “REGISTER.” The process described in this chapter whereby a communications services provider provides certain information to the city.
“REPURPOSED STRUCTURE.” An existing structure that has been renovated, reconfigured, or replaced with a similar structure so as to continue serving its primary existing purpose while also supporting the attachment of communications facilities, through stealth design or otherwise, that is approximately in the same location as the existing structure and in such a manner that does not result in a net increase in the number of structures located within the public rights-of-way and does not interfere with pedestrian or vehicular access, and is compliant with applicable codes. To “REPURPOSE AN EXISTING STRUCTURE” shall mean the act of renovating, reconfiguring or replacing an existing structure as described above.
“RESELLER.” Any person providing communications services within the city over a communications system, or portion thereof, for which a separate charge is made, where that person does not place or maintain, nor own or control, any of the underlying facilities in the public rights-of-way by either interconnecting with the facilities of a communications services provider utilizing the public rights-of-way or by leasing excess capacity from a facility-based communications services provider.
“SMALL WIRELESS FACILITY.” A wireless communication facility that meets the following qualifications:
(1) Each antenna associated with the facility is located inside an enclosure of no more than six cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than six cubic feet in volume; and
(2) All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures.
“STEALTH DESIGN.” A method of camouflaging any tower, antenna or other communications facility, including, but not limited to, supporting electrical or mechanical equipment, which is designed to enhance compatibility with adjacent land uses and be as visually unobtrusive as possible. “STEALTH DESIGN” may include a repurposed structure or a wrap.
“SURROUNDING NEIGHBORHOOD.” The area within a 500-foot radius of a communications facility site or proposed communications facility site.
“TRANSPORTATION FACILITY.” Any means for the transportation of people or property from place to place which is constructed, operated, or maintained in whole or in part from public funds. Public rights-of-way or rights-of-way shall not include: (1) county, state, or federal rights-of-way unless those rights-of-way are within the unincorporated boundaries of the city over which the county, state or federal government has jurisdiction and authority under the Florida Transportation Code, Chapter 334, as amended, and where the county or state or both have delegated to the city the authority to regulate the registration, permitting, placement, installation, and maintenance of communications facilities; (2) platted utility easements that are not part of a dedicated public right-of-way; (3) property owned by any person other than the city; (4) service entrances or driveways leading from the road or street onto adjacent property; or (5) any real or personal city property except as described above and shall not include city buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of- way.
“UTILITY POLE.” A pole or other similar structure that is used in whole or part to provide communication services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure 15 feet in height or less unless the city grants a waiver for the pole. The term does not include a “UTILITY POLE” owned by the city. This definition does not include electric transmission poles. For purposes of these regulations, “UTILITY POLES” shall be classified as the following types:
(1) “EXISTING UTILITY POLE.” A “UTILITY POLE” within the rights- of-way that exists at the time an application to place attachments on that “UTILITY POLE,” such as a communications facility, is filed with the city.
(2) “NEW UTILITY POLE.” A “UTILITY POLE” that does not exist within the rights-of-way at the time an application to place a communications facility on that “UTILITY POLE” is filed with the city, is proposed to be installed to support the proposed communications facility, and is not a replacement “UTILITY POLE.”
(3) “REPLACEMENT UTILITY POLE.” An existing “UTILITY POLE” that has been renovated, reconfigured, or replaced with a similar structure so as to continue serving its primary existing purpose while also supporting the attachment of communications facilities that is approximately in the same location and serving the same function(s) as the existing structure and in such a manner that does not result in a net increase in the number of “UTILITY POLES” located within the public rights-of-way, does not interfere with pedestrian or vehicular access and complies with applicable codes. The replacement “UTILITY POLE” remains the property of the owner of the existing structure prior to the repurposing, unless ownership otherwise lawfully changes.
“WIRELESS COMMUNICATION FACILITY.” Any equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, wires, coaxial, or fiber-optic cable or other cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communications. The term includes small wireless facilities. The term does not include: (a) the structure or improvements on, under, within, or adjacent to the structure on which the equipment is collocated; (b) wireline backhaul facilities; or (c) coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
“WIRELESS INFRASTRUCTURE PROVIDER.” A person who has been certificated under F.S. Chapter 364 to provide telecommunications service or under F.S. Chapter 610 to provide cable or video services in this state, or that person's affiliate, and who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless services provider.
“WIRELESS PROVIDER.” A wireless infrastructure provider or a wireless services provider.
“WIRELESS SERVICES.” Any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless communication facilities.
“WIRELESS SERVICES PROVIDER.” A person who provides wireless services.
“WIRELESS SUPPORT STRUCTURE.” A freestanding structure, such as a monopole, a guyed or self-supporting tower, or another existing or proposed structure designed to support or cable of supporting wireless communication facilities. The term does not include a utility pole, pedestal, or other support structure for ground-based equipment not mounted on a utility pole and less than five feet in height.
“WRAP.” An aesthetic covering depicting scenic imagery, such as vegetation, which blends with the surrounding area.
(Ord. 1625, passed 8-20-20)