133.09(A) General regulations. The standards listed in this Section apply specifically to all
,
and
, except those owned by the , located on property owned, leased, or otherwise controlled and approved by the or as otherwise specified herein. The reserves the right to modify or waive the requirements for use on public property. The shall not be required to provide access to property.
133.09(B) The construction, maintenance, operation and repair of
are subject to the regulatory supervision of the
to the full extent permitted by applicable
, and shall be performed in compliance with all Laws, ordinances and practices affecting such facility including, but not limited to, zoning codes,
codes, and safety codes, and as provided in this Chapter. The construction, maintenance, operation and repair shall be performed in a manner consistent with applicable industry standards, including the Electronic Industries
.
133.09(C) All
and
must meet or exceed current standards and regulations of the FAA, the FCC, including emissions standards, and any other agency of the local,
or federal government with the authority to regulate
and
prior to issuance of a
by the
. If such applicable standards and regulations are revised and require that existing facilities adhere to such revised standards, then the
of
and
governed by this Chapter shall bring such
and
into compliance with such revised standards and regulations within 90 calendar days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling
or federal agency. Failure to bring
and
into compliance with such revised standards and regulations shall constitute grounds for the removal of the
,
or
at the owner’s expense.
133.09(D) To ensure the structural integrity of
installed, the
shall construct and maintain the
in compliance with the Florida Building Code, and all other applicable codes and standards. A statement shall be submitted to the
by a Florida Registered Professional
certifying compliance with this Section upon completion of construction and/or subsequent modification. Where an
, including
, is requested as a
facility, the facility, and all modifications thereof, shall comply with all requirements as provided in this Chapter and all other applicable standards. Following the issuance of a
permit, the
shall require an analysis of a soil sample from the base of the
site.
133.09(E)
,
and
shall submit an annual report to the
in September of each
, including, but not limited to:
133.09(E)(1) A summary of any and all complaints of interference with
within the
that includes remedial measures that were taken to rectify or eliminate interference, and any other information which may be reasonably required to monitor the
and
’s compliance with this Chapter; and
133.09(E)(2) A certification of the
,
or
’s structural and electrical integrity.
133.09(F) Inspections.
133.09(F)(1) The
reserves the right to conduct periodic inspection of
,
, and
at the
’s expense, to ensure structural and electrical integrity and compliance with this Chapter, the Florida Building Code, and other applicable codes and regulations.
133.09(F)(2) The
may conduct more frequent inspections of
,
, or
should there be an
,
or other reason to believe that the structural and electrical integrity of the Wireless Communications Facility,
, or
is jeopardized.
133.09(F)(3) If, upon inspection, the
concludes that a Wireless Communications Facility,
, or
fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the
, the
shall commence work within 30 calendar days to bring such
,
, or
into compliance with such standards. Failure to bring such
into compliance within 60 calendar days of notice shall constitute grounds for requiring the removal of the facility at the
’s expense.
133.09(F)(4) The
reserves the right to require additional inspections if there is evidence that a
or a
has a safety problem or is exposed to
.
133.09(F)(5)
shall also submit a report to the
certifying structural and electrical integrity of
every two Years.
shall also be inspected once every five Years by a Florida Registered Professional
, at the
’s expense, and the results submitted to the
.
133.09(F)(6) The report above shall be accompanied by a non-refundable fee to be established by
resolution to reimburse the
for the cost of review. Based upon the results of the inspection, the
may require repair or removal of a
or
.
133.09(G)
in
. The prohibits the placement of a
and
in a or residential zoning district unless the
demonstrates to the satisfaction of the that it cannot reasonably provide its Personal Wireless Service to the or zone from outside the or zone. In such a case, the and the
shall cooperate to determine an appropriate location for an
of an appropriate design within the or zone. The
shall reimburse any and all reasonable costs and expenses incurred by the for this cooperative determination, including attorneys’ fees. Such application for cooperation shall be accompanied by an application fee in the same amount as for a new
. The cooperation application shall not be subject to the time frames contained in this Chapter for granting and denying applications.
133.09(H) Hierarchy of zoning districts and siting alternatives. of a
shall be permitted in the following
and in accordance with the following siting alternatives hierarchies.
133.09(H)(1) The
order of ranking is from highest (a) to lowest (g). Where a lower ranked alternative is proposed, the
must demonstrate in its application that higher ranked options are not available. The availability of a less expensive lease on a lower ranked site is not sufficient in and of itself to justify using the lower ranked alternative where a higher ranked alterative is otherwise available.
133.09(H)(1)(a) MU;
133.09(H)(1)(b) CF;
133.09(H)(1)(c) I-1, C-1, and O-1;
133.09(H)(1)(d) PECD;
133.09(H)(1)(e) AE and CV;
133.09(H)(1)(f) GC;
133.09(H)(1)(g) Any other zoning district in accordance with § 133.09(G) above.
133.09(H)(2) The order of ranking is from highest (a) to lowest (g). Where a lower ranked alternative is proposed, the
must demonstrate in its application that higher ranked options are not available. The availability of a less expensive lease on a lower ranked site is not sufficient in and of itself to justify using the lower ranked alternative where a higher ranked alterative is otherwise available.
133.09(H)(2)(a)
on existing
on
-owned property in a
.
133.09(H)(2)(b)
on existing
on
-owned property in a
.
133.09(H)(2)(c)
on
on
-owned property in a
.
133.09(H)(2)(d)
on existing
in a
.
133.09(H)(2)(e)
of
on a current
in a
.
133.09(H)(2)(f) New
in a
.
133.09(H)(2)(g) New
in a
.
133.09(H)(3) On property owned by the
, the
shall authorize the application and use of
property after the
executes a lease agreement acceptable to the
. The
shall have no obligation whatsoever to execute such lease even if the
can meet the criteria set forth herein.
133.09(I) Unstaffed communication
.
133.09(I)(1) Minimum setbacks. Unmanned communication
shall comply with the setback requirements of the zoning district where such
are situated.
133.09(I)(2) Size limitations. An unstaffed communication
shall be a permanent
not to exceed 250 square feet in floor area. More than one unstaffed communication
may be permitted on a site; provided, however, that the total square footage of such
, added together, does not exceed 1,000 square feet. If the site contains more than one
, the required distance separation between the
may be excused.
(Ord. 2010-23, passed 10-4-2010)