(A) Intent.
(1) The regulations and requirements of this division are intended to:
(a) Promote the health, safety, and general welfare of the citizens by regulating the siting of telecommunications towers;
(b) Provide for the appropriate location and development of telecommunication towers and antennas within the city;
(c) Minimize adverse visual effects of telecommunication towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;
(d) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;
(e) Protect residential areas and land uses from potential adverse impacts of telecommunication towers and antennas by maximizing use of any new or existing telecommunication towers through shared use — that is, collocation, to reduce the number of towers needed.
(2) Certain restrictions and regulations may be waived by the City Commission upon a showing of good cause, so long as such a waiver is consistent with the intent of this division.
(B) Telecommunication towers.
(1) Freestanding telecommunication towers shall be permitted on city-owned property upon approval of a lease by the City Commission. The application for a lease shall include a plan revealing the location and height of the tower, and any other information requested by the city.
(a) Freestanding telecommunication towers shall be permitted, in the prescribed locations, pursuant to a favorable outcome of the below-described process as follows:
Tower Type* | Zoning District | Approval Process |
Guyed | Industrial | Special Exception |
Lattice | Industrial and C-1 | Special Exception |
Monopole | Nonresidential | Site Plan - City Commission and Planning and Zoning Board |
Multi-Family | Special Exception | |
Stealth | Non-Single-Family | Site Plan - Planning and Zoning Board |
City-owned property: site plan and lease approved by City Commission in lieu of these processes.
(b) Vacant property in the above-mentioned zoning districts may be utilized for a tower. However, if the proposed site is vacant, a monopole or stealth-type stealth facility must be utilized.
(2) Minimum standards. All applications shall meet the following minimum standards:
(a) Each application for a proposed telecommunication tower shall include all requirements for development plan approval. The city may waive all or some of these provisions for stealth towers which are designed to emulate existing structures already on the site, including but not limited to light standards or power poles.
(b) A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the state, which through rational engineering analysis certifies the tower's compliance with applicable standards as set forth in the Florida Building Code, amended by Broward County, and any associated regulations including Electronic Industry Association/Telecommunications Industry Association standards for wind load, and which describes the tower's capacity, including an example of the number and type of antennas it can accommodate.
No tower shall be permitted to exceed its loading capacity. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the tower. All towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate two users, and, at a minimum, self-support/lattice or guyed towers shall be able to accommodate three users. However, this requirement may be waived by the final approving authority for stealth towers.
(c) Height/setbacks and related location requirements.
1. The height of a telecommunications tower shall not exceed the height limitation authorized in the zoning district where the tower shall be located, unless this requirement is specifically waived by the City Commission. Tower height shall be measured from the crown of the road of the nearest public street. Antennas located on towers shall not be included in the height calculations.
2. Towers capable of supporting multiple users in excess of the requirements of division (B)(2)(c)1. of this section may exceed the height limit of the underlying district by an additional 25%.
3. Telecommunication towers shall conform with the setbacks established for the underlying zoning district.
4. All buildings and other structures to be located on the same property as a telecommunication tower shall conform with the setbacks established for the underlying zoning district.
(d) Aircraft hazard. Prior to the issuance of a building permit by the city, the applicant shall provide evidence that the telecommunication towers or antennas are in compliance with Federal Aviation Administration (FAA) regulations. Where an antenna will not exceed the highest joint of the existing structure upon which it is to be mounted, such evidence shall not be required.
(e) Approval required from other governmental agencies. Each application for a telecommunication tower may be required to include written approval or a statement of no objection from other federal or state agencies that may regulate telecommunication tower siting, design, and construction.
(f) FCC emissions standards. All proposed telecommunication towers shall comply with current radio frequency emissions standards of the Federal Communications Commission.
(g) Buffering.
1. Landscaping, walls, and other buffering shall be consistent with the requirements of this Code of Ordinances and shall be installed around the entire perimeter of any fence or wall. Additional landscaping, walls, or other buffering may be required around the perimeter of the property and around any or all anchors or supports if deemed necessary to buffer adjacent properties. The city may require landscaping in excess of the requirements of this Code of Ordinances in order to enhance compatibility with adjacent residential and nonresidential land uses.
2. Landscaping consistent with perimeter and on-site requirements of the Code shall be installed around any accessory buildings or structures.
(h) High voltage and no trespassing warning signs.
1. If high voltage is necessary for the operation of the telecommunications tower or any accessory structures, "high voltage - danger" warnings signs shall be permanently attached to the fence or wall and shall be spaced no more than 40 feet apart.
2. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and shall be spaced no 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 free-standing poles if the content of the signs may be obstructed by landscaping.
(i) 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 telecommunication tower, unless repairs to the tower are being made.
(j) Parking. Each tower shall require one parking space, unless such requirement is specifically waived by the final approving authority, upon a showing that said parking space does not serve the public interest.
(k) Removal of abandoned or unused facilities. All abandoned or unused telecommunication tower facilities shall be removed by the tower owner/operator within 90 days of the cessation of use, if requested by the city to do so. A tower shall be considered abandoned if use has been discontinued for 180 consecutive days. The city may require an applicant at their cost and expense to post a bond in an amount sufficient to reimburse the city for reasonable anticipated costs to be incurred in removing towers and related equipment. In the alternative, the city may place a lien on the property on which the nonconforming tower is located, after proper notice is given pursuant to Chapter 32 of this Code of Ordinances. Telecommunication towers being utilized for other purposes, including but not limited to light stands and power poles, may be exempt from this provision.
(l) Signs and advertising. The use of any portion of a tower for signs or advertising purposes, including company name, banners, streamers, and the like, shall be strictly prohibited.
(m) Accessory buildings or structures. All accessory buildings or structures shall meet all building standards as listed in this Code or as prescribed by other applicable laws and regulations, and as prescribed in accordance with the provisions of the Florida Building Code, as amended by Broward County. All accessory buildings or structures shall require a building permit issued by the city.
(n) Colors. Except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommunications towers, telecommunications towers shall be painted or constructed in neutral colors, designed to blend into the surrounding environment, such as non-contrasting gray.
(o) Non-interference. Each application to allow construction of a telecommunication tower shall include a certified statement that the construction and placement of the tower will not interfere with public safety communications.
(3) Inspections.
(a) Telecommunication tower owners shall submit a report to the City Manager or designee, certifying structural and electrical integrity on the following schedule:
1. Monopole towers - once every five years;
2. Self-support/lattice towers - once every two years; and
3. Guyed towers - once every two years.
(b) Inspections shall be conducted by an engineer licensed to practice in the state. The results of such inspections shall be provided to the City Manager or designee. Based upon the results of an inspection, the Building Official may require repair, replacement, or removal of a telecommunication tower.
(c) The city may conduct periodic inspections of telecommunication towers to ensure structural and electrical integrity. The owner of the telecommunications tower may be required by the city to have more frequent inspections should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.
(4) Existing towers.
(a) Notwithstanding the provisions of this section above, telecommunications antennas may be placed on existing towers with sufficient loading capacity. The capacity shall be certified by an engineer licensed to practice in the state.
(b) Notwithstanding the provisions of this section above, towers in existence as of November 6, 1996, may be replaced with a tower of equal or less visual impact after approval by the City Manager or designee. If the proposed tower does not receive such approval under this section, its replacement must be consistent with this LDC.
(C) Antennas not located on telecommunications towers.
(1) Antennas shall be permitted on the prescribed locations, pursuant to a favorable outcome of the process described as follows:
Antenna or Ground-Based Microwave Dish Antenna | Zoning Districts | Approval Process |
Antenna or Ground-Based Microwave Dish Antenna | Zoning Districts | Approval Process |
Existing Tower: | ||
Add to Existing Tower | N/A | Planning and Zoning Board, non-quasi-judicial |
Replace on Existing Tower | N/A | Building Permit |
Adding Building: | ||
Visible | N/A | Planning and Zoning Board, non-quasi-judicial |
Stealth | N/A | Building Permit |
Satellite Earth Station | Non-Single-Family | Site Plan - City Commission and Planning and Zoning Board |
(2) Minimum standards. Building or rooftop antennas shall be subject to the following minimum standards:
(a) Building rooftop stealth antennas shall be subject to the following minimum standards:
1. No commercial advertising shall be allowed on an antenna;
2. No signals, lights, or illumination shall be permitted on an antenna, unless required by the Federal Communications Commission or the Federal Aviation Administration;
3. Any related unmanned equipment building shall not contain more than 750 square feet of gross floor area or be more than 12 feet in height and shall be screened in accordance with other requirements of the code;
4. If the equipment building is located on the roof of the building, the areas of the equipment building shall not occupy more than 25% of the roof area and shall be screened from adjacent property; and
5. Each application shall contain a rendering or photograph of the antenna, including but not limited to colors and screening devices. This shall be subject to administrative review for consistency with the definition of stealth facility.
(b) Satellite earth stations, ground-based microwave dish antennas, and building rooftop non-stealth antennas shall be subject to the following minimum standards:
1. Antennas may not extend more than 20 feet above highest joint of a roof. Stealth antennas attached to but not above rooftop structures shall be exempt from this provision. Antennas may exceed 20 feet above the roof if approved as a special exception by the City Commission;
2. Antennas, and related equipment buildings, shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which it is situated;
3. No commercial advertising shall be allowed on an antenna;
4. No signals, lights, or illumination shall be permitted on an antenna, unless required by the Federal Communications Commission or the Federal Aviation Administration;
5. Any related unmanned equipment building shall not contain more than 750 square feet of gross floor area or be more than 12 feet in height and shall be screened in accordance with other requirements of the code; and
6. If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than 25% of the roof area and shall be screened from adjacent property.
(3) Antenna types.
(a) To minimize adverse visual impacts, stealth antenna types shall be preferred. If a non-stealth antenna is proposed, the applicant shall be required to demonstrate, in a technical manner acceptable to the city staff, why the stealth antenna cannot be used for the particular application.
(b) This does not preclude a combination of the various types of antenna.
(4) Aircraft hazard. Prior to the issuance of a building permit by the city, the applicant shall provide evidence that the telecommunication towers or antennas are in compliance with the Federal Aviation Administration (FAA) regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required.
(D) Shared use of communication towers.
(1) Notwithstanding any other provision of this LDC, to minimize adverse visual impacts associated with the proliferation and clustering of telecommunication towers, colocation of facilities on existing or new towers shall be encouraged by:
(a) Only issuing permits to qualified shared facilities at locations where it appears there may be more demand for towers than the property can reasonably accommodate; or
(b) Giving preference to qualified shared facilities over other facilities in authorizing use at particular locations.
(2) For a facility to become a qualified shared facility, the facility owner must show that:
(a) The facility is appropriately designed for sharing; and
(b) The facility owner is prepared to offer adequate space on the facility to others on fair and reasonable, nondiscriminatory terms.
(3) To satisfy the requirements of division (D)(2)(b) of this section, the facility owner must submit a written evaluation of the structural capacity of the tower.
(4) Each provider shall submit to the city a list of all of its telecommunication towers located or proposed to be located within the corporate limits of the city. The list shall include the location, height, and available capacity for additional antennas as well as the name, address, and phone and facsimile number of the applicant. The city shall make these lists available to applicants to assist in the collocation of antennas.
(5) Collocation of communication antennas by more than one provider on existing or new telecommunication towers shall take precedence over the construction of new single-use telecommunication towers. Accordingly, each application for a telecommunication tower shall include the following:
(a) A written evaluation of the feasibility of sharing a telecommunication tower, if an appropriate telecommunication tower or towers is/are available. The evaluation shall analyze one or more of the following factors:
1. Structural capacity of the tower or towers;
2. Radio frequency interference;
3. Geographical coverage requirements;
4. Mechanical or electrical incompatibility;
5. Inability or ability to locate equipment on the tower or towers;
6. Availability of towers for collocation;
7. Any restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the tower.
8. Additional information requested by the city.
(b) The city may deny an application if an available collocation is feasible and the application is not for such collocation.
(6) A telecommunication tower that is determined to be inappropriate for sharing shall be assumed to be inappropriate for sharing the same types of facilities in the future. Such towers will not need to be evaluated in the future regarding sharing with the same type of facility for which it has been determined to be inappropriate. The city shall retain a list of such towers and will provide a copy of the list to all potential applicants. The city may require additional sharing feasibility evaluations if warranted by changes in technology.
(7) For any telecommunications tower approved for shared use, the owner of the tower shall provide notice of the location of the telecommunication tower and the tower's load capacity to the city. The city will maintain and make this list available to all applicants.
(E) Applications.
(1) The city shall act promptly on any application submitted in accordance with the provisions of this LDC. The reasons for rejecting any application filed under these provisions shall be explained, set forth in writing, and based on substantial evidence.
(2) The issuance of a permit, however, is not a lease, and no municipally-owned property may be used without a lease agreement with the city. The city may, as appropriate to protect its property and the public interest, establish additional requirements beyond the minimum requirements of a permit for municipally-owned property. Furthermore, nothing in this LDC shall prohibit the city from requiring additional provisions in a lease.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)
NONCONFORMING USES