(A) Objective design standards. The placement of wireless communications facilities anywhere in the public rights-of-way shall in all cases be designed to meet reasonable location context, color, camouflage, concealment and material requirements allowed by F.S. § 337.401(7)(r). Unless otherwise provided herein, all communications facilities shall be subject to the design standards set forth in §§ 97.14 and 97.16.
(B) Specific waiver criteria for wireless facilities. Waiver requests related to wireless facilities in this chapter shall be based upon the following waiver criteria:
(1) Design standards for wireless facilities provided in §§ 97.14 and 97.16 that may require a small wireless facility to meet reasonable location context, color, stealth, and concealment requirements may be waived by the city engineer upon the applicant satisfactorily demonstrating that the objective design standards are not reasonably compatible for the particular location of a small wireless facility or that the objective 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)).
(2) Objective design standards for small wireless facilities provided in division (A) 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 may be waived by the City Engineer upon the applicant satisfactorily demonstrating that the objective design standards are not reasonably compatible for the particular location of a small wireless facility or that the objective design standards impose an excessive expense. The waiver request must be granted or denied within 45 days after the date of the request (F.S. § 337.401(7)(r)).
(C) Zoning and land use regulations. Unless otherwise provided herein, all communications facilities shall be subject to the city's zoning and land use regulations, including the performance, construction and design standards set forth in Chapter 154, so long as those regulations are not in direct contradiction to the requirements of F.S. § 337.401.
(D) Height. wireless communication facilities, including any attached antennas shall not exceed the following height requirements:
(1) Macro wireless facilities. The height of a new pole or wireless support structure within the public rights-of-way shall be in accordance with Chapter 154.
(2) Small wireless facilities. The city hereby limits the height of a small wireless facility to ten feet above the utility pole or structure upon which the small wireless facility is to be collocated. Unless waived by the city, the height for a new utility pole installed in conjunction with the collocation of a small wireless facility is limited to the tallest existing utility pole as of July 1, 2017, located in the same public 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 city shall limit the height of the utility pole to 50 feet.
(E) Airport airspace. A structure granted a permit and installed pursuant to this chapter shall comply with F.S. Chapter 333 and federal regulations pertaining to airport airspace protections.
(F) Collocation of small wireless facilities. The city hereby adopts the following additional rules that will apply to the collocation of small wireless facilities in public rights-of- way:
(1) Collocation of small wireless facilities on city utility poles is subject to the following requirements:
(a) Notwithstanding anything to the contrary contained herein, the city may reserve space on city utility poles for future public safety uses. If replacement of a city utility pole is necessary to accommodate the collocation of the small wireless facility and the future public safety use, the pole replacement is subject to the make-ready provisions of this chapter and the replaced pole shall accommodate the future public safety use.
(b) The city shall not enter into an exclusive arrangement with any person for the right to attach equipment to city utility poles.
(c) The city hereby levies, establishes, and sets an annual rate in the amount of $150 that shall be paid by an applicant who is granted a permit to collocate small wireless facilities on city utility poles. The issuance of the permit is conditioned on the initial payment of the annual fee, with remaining annual payments to be made in all subsequent years on the same date.
(d) For a city utility pole that supports an aerial facility used to provide communications services or electric service by another, the parties shall comply with the process for make-ready work under 47 U.S.C. § 224 and implementing regulations. The good faith estimate of the person owning or controlling the pole for any make-ready work necessary to enable the pole to support the requested collocation must include pole replacement if necessary.
(e) For a city utility pole that does not support an aerial facility used to provide communications services or electric service by another, the city shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested collocation, including necessary pole replacement, within 60 days after receipt of a complete application. Make-ready work, including any pole replacement, must be completed within 60 days after written acceptance of the good faith estimate by the applicant. Alternatively, the city may require the applicant seeking to collocate a small wireless facility to provide a make-ready estimate at the applicant's expense for the work necessary to support the small wireless facility, including pole replacement, and perform the make-ready work. If pole replacement is required, the scope of the make-ready estimate is limited to the design, fabrication, and installation of a utility pole that is substantially similar in color and composition. The city may not condition or restrict the manner in which the applicant obtains, develops, or provides the estimate or conducts the make-ready work subject to usual construction restoration standards for work in the right-of-way. The replaced or altered utility pole shall remain the property of the city.
(f) The city may not require more make-ready work than is required to meet applicable codes or industry standards. Fees for make-ready work may not include costs related to preexisting damage or prior noncompliance. Fees for make-ready work, including any pole replacement, may not exceed actual costs or the amount charged to communications services providers other than wireless services providers for similar work and may not include any consultant fee or expense.
(2) Placement of utility poles by wireless infrastructure providers in the public rights-of-way in support of collocation of small wireless facilities. A wireless infrastructure provider may apply to the city to place utility poles in the public rights-of-way to support the collocation of small wireless facilities. The application must include an attestation that small wireless facilities will be collocated on the utility pole or structure and will be used by a wireless services provider to provide service within nine months after the date the application is approved by the city. The city shall accept and process the application in accordance with any applicable codes and other local codes governing the placement of utility poles in the public rights-of-way, including but not limited to the provisions of this chapter, and the provisions applicable to wireless communication facilities set forth in Chapter 154, and any applicable historic preservation provisions and requirements set forth in the City Code, as amended from time to time.
(3) Prohibited collocations, attachments, installations, and services not authorized. This chapter does not authorize, and the city hereby prohibits, the following:
(a) This division (F) does not authorize a person to collocate or attach wireless facilities, including any antenna, micro wireless facility, or small wireless facility, on a privately owned utility pole, a utility pole owned by an electric cooperative or a municipal electric utility, a privately owned wireless support structure, or other private property without the consent of the property owner.
(b) This division (F) does not affect provisions relating to pass- through providers contained in this section and in F.S. § 337.401(6).
(c) This division (F) does not apply to the installation, placement, maintenance, or replacement of Micro wireless facilities on any existing and duly authorized aerial communications facilities, provided that once aerial facilities are converted to underground facilities, any such collocation or construction shall be only as provided by the city's underground utilities ordinance.
(d) This division (F) 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 (d) does not apply to the installation, placement, maintenance, or replacement of micro wireless facilities on any existing and duly authorized aerial communications facilities.
(Ord. 1625, passed 8-20-20)