(A) Only the following wireless facilities may be placed or maintained within the city's public rights-of-way, subject to the requirements of this chapter and F.S. § 337.401:
(1) Micro wireless facilities suspended on cable strung between existing structures;
(2) Collocated wireless facilities:
(a) Small wireless facilities collocated on existing utility poles or replacement poles that are privately owned;
(b) Small wireless facilities collocated on existing city utility poles or replacement city utility poles.
(3) Non-collocated wireless facilities:
(a) Small wireless facilities located on new utility poles without collocation, when permitted pursuant to the regulations addressing utility poles for communications facilities in § 97.11;
(b) Small wireless facilities located on new utility poles in an existing wireline pole line, when permitted pursuant to the regulations addressing utility poles for communications facilities in § 97.11.
(B) Only the wireless facilities identified above shall be authorized in the rights- of-way. The approval of a wireless facility pursuant to this chapter does not authorize the installation, placement, maintenance, or operation of any other type of communications facilities in the public rights-of-way other than as expressly contemplated in any application made and approved under this chapter.
(C) Collocation of wireless facilities on electric utility poles for an electric distribution system located in the city public rights-of-way pursuant to a valid franchise agreement with the city, and any utility poles not for an electric distribution system placed or maintained by a city franchised utility in the public rights-of-way, will be governed by the applicable provisions of this chapter.
(D) Wireless support structures, telecommunications towers, and other wireless facilities, including but not limited to, an antenna that is not part of a small wireless facility or micro-wireless facility shall not be allowed to be placed or maintained in the public rights-of-way.
(E) This chapter does not permit a person to collocate or attach a micro-wireless facility on a privately owned utility pole, a utility pole owned by an electric cooperative, a privately owned wireless support structure, or other private property without the consent of the property owner (F.S. § 337.401(7)(l)).
(F) This chapter does not authorize a person to collocate small wireless facilities or micro wireless facilities on a city utility pole or erect a wireless support structure in a location subject to covenants, conditions, restrictions, articles of incorporation, and bylaws of a homeowners' association. This division does not apply to the installation, placement, maintenance, or replacement of micro wireless facilities on any existing and duly authorized aerial communications facilities (F.S. § 337.401(7)(q)). This division shall be construed to apply to locations where such restrictions are applicable to the public rights-of-way.
(Ord. 1625, passed 8-20-20)