CHAPTER.10 Chapter 10
TELECOMMUNICATION TOWERS AND ANTENNAS
Sec. 1. Intent Accessory use - A use incidental to, subordinate to,
Sec. 2. Definitions and subservient to the main use of the property. As
Sec. 3. Telecommunications Towers defined in this section, an accessory use is a
Sec. 4. Tower Replacement secondary use.
Sec. 5. Antennas Not Located on
Telecommunications Towers Antenna - A transmitting and/or receiving device
Sec. 6. Shared Use of Communication Towers and/or relays used for personal wireless services that
Sec. 7. Applications radiates or captures electromagnetic waves, including
directional antennas, such as panel and microwave
dish antennas, and omni-directional antennas, such as
Sec. 1. Intent. whips, excluding radar antennas, amateur radio
antennas and satellite earth stations.
The regulations and requirements of this chapter
are intended to: Extraordinary conditions - Subsequent to a hurricane,
flood or other natural disaster.
A. Promote the health, safety and general
welfare of the citizens by regulating the siting of Guyed tower - A telecommunication tower that is
telecommunications towers; supported, in whole or in part, by guy wires and
ground anchors.
B. Provide for the appropriate location and
development of telecommunication towers and Microwave dish antenna - A dish-like antenna used to
antennas withinthecity; link personal wireless service sites together by
wireless transmission of voice or data.
C. Minimize adverse visual effects of
telecommunication towers and antennas through Monopole tower A telecommunication tower
careful design, siting, landscape screening and consisting of a single pole or spire self-supported by a
innovative camouflaging techniques; permanent foundation, constructed without guy wires
and ground anchors.
D. Avoid potential damage to adjacent
properties from tower failure through engineering Panel antenna - an array of antennas designed to
and careful siting of tower structures; concentrate a radio signal in a particular area.
E. Protect residential areas and land uses from Roofline - The overall ridge line of the structure
potential adverse impacts of telecommunication which does not include cupolas, elevator towers,
towers and antennas by maximizing use of any new clock towers or other features that are permitted to
or existing telecommunication towers through shared exceed the maximum height of the building.
use, for example, co-location, to reduce the number
oftowersneeded. Self-support/lattice tower - A telecommunication
(Ord. No. 97-10, § 2, 4-15-97) tower that is constructed without guy wires and
ground anchors.
Sec. 2. Definitions. Stealth facility - Any telecommunications facility
which is designed to blend into the surrounding
The following words, terms and phrases, when environment and which is incorporated into and is
used in this subdivision, shall have the meanings compatible with uses otherwise permissible on site.
ascribed to them, except where the context clearly Examples of stealth facilities include, but are not
indicates a different meaning: limited to, architecturally screened roof-mounted
1
1997 S-6
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antennas, antennas integrated into architectural 4. Property owned by the city within a
elements, and telecommunication and/or personal Planned Industrial Development (PID) district which
wireless services towers designed to look like light is designated for recreation use. The city shall
poles, power poles, clock towers, or trees, authorize the application and use of city property after
the applicant executes a lease agreement acceptable to
Telecommunication tower - A guyed, monopole or the city. The city shall have no obligation whatsoever
self-support/lattice tower, constructed as a free- to execute such lease even if the applicant can meet
standing structure, containing one or more antennas the criteria set forth herein. Tower locations shall be
used in the provision of personal wireless services, consistent with approved, proposed or anticipated
excluding radar towers, amateur radio support plans for park development. Towers shall be
structures licensed by the FCC, private home use of designed for collocation and consistent with rules and
satellite dishes and television antennas and satellite regulations internal to a P.I.D.
earth stations installed in accordance with applicable
codes. B. Stealth towers shall be architecturally
compatible with existing buildings/structures on site;
Whip antenna - A cylindrical antenna that transmits consistent with the character of existing uses on site;
signals in 360 degrees, contain communications equipment or devices that it
(Ord. No. 97-10, § 2, 4-15-97) is not readily identifiable; and shall not exceed 150
feet in height.
Sec. 3. Telecommunications Towers. C. Minimum standards. Every tele-
communications tower must meet the following
A. Freestanding telecommunication towers minimum standards:
may be permitted as a conditional use in accordance
with the Land Development Regulations in the 1. Prior to the issuance of a building
following zoning districts: permit by the building division, department of
development, a site development plan shall be
1. (REC) Recreation district greater than presented for approval to the planning and zoning
five (5) acres. On property owned by the city, the department and the department of development. Each
city shall authorize the application and use of city application for a proposed telecommunication tower
property after the applicant executes a lease shall include all requirements for site development
agreement acceptable to the city. The city shall have plan approval as required by the Land Development
no obligation whatsoever to execute such lease even Regulations. Each application shall contain a
if the applicant can meet the criteria set forth herein, rendering or photograph of the tower, including but
not limited to, colors and screening devices.
2. (PU) Public Usage. On property
owned by the city, the city shall authorize the 2. A statement shall be submitted,
application and use of city property after the prepared by a professional registered engineer
applicant executes a lease agreement acceptable to licensed to practice in the state, which through
the city. The city shall have no obligation whatsoever rational engineering analysis certifies the tower's
to execute such lease even if the applicant can meet compliance with applicable standards as set forth in
the criteria set forth herein, the Standard Building Code, latest edition, and the
Code of Ordinances; and describes the tower's
3. Industrial (M-l) zoning district capacity, including an example of the number and
provided the towers are an accessory use and are type of antennas it can accommodate. No tower shall
reviewed and approved in accordance with the Land be permitted to exceed its loading capacity. For all
Development Regulations of the city. A monopole towers attached to existing structures, the statement
type stealth facility must be utilized on vacant shall include certification that the structure can
property in M-1 zoning districts, support the load superimposed from the tower. All
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Telecommunication Towers and Antennas 2A
towers shall have the capacity to permit multiple
users; at a minimum, monopole towers shall be able
to accommodate two (2) users and at a minimum,
self-support/lattice or guyed towers shall be able to
accommodate at least three (3) users.
3. Height/setbacks and related location
requirements.
a. The height of a tele-
communications tower shall not exceed one hundred
and fifty (150) feet. Tower height shall be measured
from the crown of the road of the nearest public
1998 S-9
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Telecommunication Towers and Antennas 3
street. Lighting and Lightning rods up to eight (8) (1) Waivers or reductions of
feet in length shall not be considered in measuring separation distances between towers may be approved
the height of the tower, by the city commission subject to the criteria
contained herein.
b. Telecommunication towers shall
conform with the setbacks established for the (2) Requests for waivers or
underlying zoning district, reductions of separation distances between towers
shall be based upon the inability to collocate on
c. Monopole, lattice or guyed tele- existing towers or structures, the need to have more
communication towers shall not be permitted within than one (1) tower, or the efficient use of available
two hundred and fifty (250) feet of any residential land within permitted zoning districts. The decision
district or residential portion of a PUD. shall be based upon a finding of compatibility and
competent and substantial evidence that the waiver
d. Monopole, lattice or guyed tele- request meets one or more of the following criteria:
communication towers shall not be located within
seven hundred and fifty (750) feet of any existing (a) Locational
monopole, lattice or guyed telecommunication tower, requirements/limitations as established by the
Federal Aviation Administration (FAA) or the
e. All buildings and other structures Federal Communications Commission (FCC) or the
to be located on the same property as a tele- Public Service Commission (PSC), if any;
communication tower shall conform with the
setbacks established for the underlying zoning (b) Identification of a more
district, appropriate site that does not meet the separation
requirements above, by analysis of factors such as
f. Waiver or reduction of separation
requirements. 1997 S-6
distance from residential uses, existence of
permanent screening and buffering, and location
within a large area of commercial or industrial use;
(c) To avoid the location of
a tower on environmentally sensitive land, a
wilderness area, a historical site, or other sensitive
area; or
(d) To reduce the impact on
adjacent residential uses.
4. Aircraft hazard. Prior to the issuance
of a building permit by the building division,
department of development, 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 point of the existing
structure upon which it is to be mounted, such
evidence shall not be required. The least intensive
nighttime method of illumination acceptable to the
FAA shall be utilized.
5. 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.
6. FCC emissions standards. All
proposed telecommunication towers and
appurtenances and accessory equipment thereto shall
comply with current Federal Communications
Commission (FCC) standards for non-ionizing
electromagnetic radiation (NIER) and radio
frequency emissions.
7. Buffering.
a. An eight (8) foot fence or wall
constructed in accordance with the Land
Development Regulations, as measured from the
finished grade of the site, shall be required around the
base of each communication tower, tower service
facilities, and each guy anchor. Access to the
communication tower and its facilities shall be
through a locked gate.
4 Boynton Beach Code
b. Landscaping, consistent with the shall be installed and maintained around the entire
requirements of the Land Development Regulations, perimeter of any fence or wall. Additional
landscaping may be required around the perimeter of 9. Equipment storage. Mobile or
a fence or wall and around any or all anchors or immobile equipment not used in direct support of a
supports if deemed necessary to buffer adjacent tower facility shall not be stored or parked on the site
residential and non-residential properties. The city of the telecommunication tower, unless repairs to the
may require landscaping in excess of the tower are being made.
requirements of the city code in order to enhance
compatibility with adjacent residential and non- 10. Signs and advertising. The use of any
residential land uses. Landscaping shall be installed portion of a tower for signs or advertising purposes,
on the outside of the perimeter fence or wall. including company name, banners, streamers, and the
like, shall be strictly prohibited.
c. Landscaping consistent with
perimeter and on-site requirements of the Land 11. Accessory buildings or structures. All
Development Regulations shall be installed and accessory buildings or structures shall meet all
maintained around any accessory buildings or building design standards as listed in this Code, and
structures, in accordance with the provisions of the Standard
Building Code, latest edition. All accessory buildings
8. High Voltage and ~No Trespassing" or structures shall require a building permit issued by
warning signs, the building division, department of development.
a. If high voltage is necessary for the 12. Colors. Except where superseded by
operation of the telecommunications tower or any the requirements of other county, state, or federal
accessory structures, ~HIGH VOLTAGE - regulatory agencies possessing jurisdiction over
DANGER" warnings signs shall be permanently telecommunications towers, telecommunications
attached to the fence or wall and shall be spaced no towers shall be painted or constructed in neutral
more than forty (40) feet apart. ~High Voltage" shall colors, designed to blend into the surrounding
be defined according to OSHA standards, environment, such as non-contrasting gray.
b. ~NO TRESPASSING" warning 13. Non-interference. Each application to
signs shall be permanently attached to the fence or allow construction of a telecommunication tower
wall and shall be spaced no more than forty (40) feet shall include a statement that the construction and
apart, placement of the tower, will not unnecessarily
interfere with public safety communications and the
c. The letters for the ~HIGH usual and customary transmission or reception of
VOLTAGE - DANGER" and ~NO TRESPASSING" radio and television service enjoyed by adjacent
warning signs shall be at least six (6) inches in residential and non-residential properties.
height. The two (2) warning signs may be combined
into one (1) sign. The warning signs shall be installed 14. Parking. Communication towers shall
at least five (5) feet above the finished grade of the be exempt from the parking requirements of the Land
fence. Development Regulations, unless otherwise required
by the Planning and Zoning Director.
d. The warning signs may be
attached to free standing poles if the content of the 15. Generators. All generators or
signs may be obstructed by landscaping, alternators used on site shall use propane fuel. Subject
to the approval by the Director of Utilities and the
Director of Development, the use of diesel powered
emergency generators may be permitted where more
1997 S-6 than three (3) providers have collocated on a tower.
16. Building permits. In addition to the
review processes required in this section, a building
Telecommunication Towers and Antennas 5
permit shall be required for all towers, support and by the provider's surety under any maintenance bond
accessory structures, antennas, and antenna required by the Code of Ordinances.
attachments, except as otherwise provided by state or Telecommunications towers being used for other
local law. purposes, including but not limited to, light standards
and power poles, may be exempt from this provision,
17. Removal of abandoned or unused subject to the requirement that all equipment except
facilities. A provider who has determined to the tower structure itself be removed or abandoned as
discontinue its operations or part of its operations in set forth above.
the city must within ninety (90) days of
discontinuance of use either: 18. Inspections.
a. Remove its own equipment, a. Telecommunication tower owners'
including but not limited to the tower, antennas, shall submit a report to the city building division,
generators, and service facilities or cabinets, within department of development, certifying structural and
ninety (90) days of the cessation of use; or electrical integrity on the following schedule:
b. Provide information satisfactory to (1) Monopole towers - once
the City Manager or designee that the provider's every five (5) years;
obligations for its equipment in the right-of-way or
public easement or private property under this division (2) Self-support/lattice towers -
have been lawfully assumed by another provider; or once every two (2) years; and
c. Submit to the City Manager or (3) Guyed towers - once every
designee a proposal and instruments for transferring two (2) years.
ownership of its equipment to the city. If a provider
proceeds under this clause, the city may, at its option: b. Inspections shall be conducted by
a registered engineer. The results of such inspections
(1) Assume ownership of the shall be provided to the building division, department
equipment for a ten ($10.00) dollar nominal of development. Based upon the results of an
consideration to provider; or inspection, the Building Official may require repair or
removal of a telecommunication tower.
(2) Require the provider, at
provider's expense, to remove it; or c. Should the building division,
department development, have reason to believe a
(3) Require the provider to post a telecommunications tower site is not in compliance
bond in an amount sufficient to reimburse the city for with applicable building and electrical codes, the city
reasonably anticipated costs to be incurred in may conduct periodic inspections of the site to ensure
removing the equipment. Equipment of a provider structural and electrical integrity. The owner of the
who fails to comply with the preceding sentence and telecommunications tower may be required by city to
which, for six (6) months, remains unused, shall be have more frequent inspections should there be
deemed abandoned. Abandoned equipment is deemed reason to believe that the structural and electrical
to be a nuisance. The City may exercise any remedies integrity of the tower is jeopardized. The city reserves
and rights has at law or in equity, including but not the right to require additional inspections if there is
limited to, (1) abating the nuisance, (2) taking evidence that the tower has a safety problem or is
possession of the equipment and restoring it to exposed to extraordinary conditions.
working condition, or (3) requiring removal of the
equipment by the provider or
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6 Boynton Beach Code
19. Telecommunications towers are
prohibited when a proposed or existing principal use tower shall comply with the siting requirements of
or uses within two hundred (200) feet of a proposed this section.
tower includes the storage, distribution, or sale of
volatile, flammable, explosive or hazardous wastes, 1. The replacement tower shall
including but not limited to, LP gas, propane, gasoline, accommodate a minimum of two providers;
natural gas, and corrosive or dangerous chemicals
purposes, unless the city fire marshal determines that 2. The replacement tower shall be a
the proximity of a telecommunications tower does not stealth or monopole tower;
pose any danger or risk of explosion or fire or unless
used f or backup power purposes. 3. The tower may be required to be
relocated on the site to lessen the impact on adjacent
20. Fees and charges. Public land or right- parcels; and
of-way lease agreements shall be established by
separate instrument. 4. The replacement tower shall be subject
to administrative review by the Planning and Zoning
21. Additional uses permitted on lot. and Development Departments.
Communication towers may be located on lots
containing another principal use. Separation between B. Nonconforming towers. An existing
communication towers and other uses on the lot may nonconforming tower may be replaced subject to the
be requiredtoensurecompatibility. Towers may criteria below. If the criteria is not met, the
occupy a leased parcel on a lot that meets the replacement shall comply with the siting requirements
minimum lot size requirement of the zoning district in of this section.
which it is located. For lease parcels not meeting the
minimum lot size requirement, the city shall require 1. The replacement tower shall
the execution of a unity of title, unity of control, or accommodate a minimum of two providers;
other documentation as determined appropriate by the
City Attorney. 2. The replacement tower shall be a
(Ord. No. 97-10, § 2, 4-15-97; Ord. No. 98-32, § 1, 9- stealth or monopole tower;
3-98; Ord.
No. 02- 3. The tower may be required to be
033, § 4, relocated on the site to lessen the impact on adjacent
8-20-02) parcels; and
4. The replacement tower shall be subject
Sec. 4. Tower Replacement. to administrative review by the Planning and Zoning
and Development.
Notwithstanding the above provisions of this
section, towers in existence as of January 1, 1997, may 5. The tower shall be reconstructed to its
be replaced with a tower of equal or less visual impact original height or 150 feet, whichever is less.
after approval by the city manager or her/his designee.
However, if the proposed new tower would not be C. Accessory Structures. The size of an
consistent with the minimum standards under Section accessory structure or structures may be increased,
3 of this chapter, replacement must be approved by the subject to the Code of Ordinances, to accommodate
city commission, collocation. The expansion shall be subject to
administrative approval by the Planning and Zoning
A. Conforming towers. An existing Department and the Department of Development.
conforming tower may be replaced subject to the (Ord. No. 97-10, § 2, 4-15-97)
criteria set forth herein. If the criteria are not met, the
replacement
2002 S-18
Telecommunication Towers and Antennas 7
Sec. 5. Antennas Not Located on C. Antenna Dimensions. Antenna dimensions
Telecommunications Towers. shall be approved by the director of development as
required by existing technology. A statement shall be
A. Stealth rooftop or building mounted submitted, prepared by a professional registered
antennas not exceeding twenty (20) feet above the engineer licensed to practice in the State of Florida, to
roofline and not exceeding ten (10) feet above the certify the need for the required dimensions.
maximum height of the applicable zoning district may
be permitted as an accessory use in all zoning districts D. Aircraft hazard. Prior to the issuance of a
except R- 1-AAA, R- 1-AAB, R- 1-AA, R- l-A, R- 1 building permit by the building division, department
and R-2. Antennas may exceed twenty (20) feet above of development, the applicant shall provide evidence
the roofline in the REC and PU zoning districts if that the telecommunication towers or antennas are in
municipal purposes warrant additional height, compliance with Federal Aviation Administration
(FAA) regulations. Where an antenna will not exceed
B. Minimum standards. Building or rooftop the highest point of the existing structure upon which
antennas shall be subject to the following minimum it is to be mounted, such evidence shall not be
standards: required.
1. Building rooftop stealth antennas shall E. Fees.
only be permitted on buildings which are at least
forty-five (45) feet tall, and must be stealth or 1. Permit and zoning application fees for
architecturally screened; telecommunications towers or antennas shall be paid
by applicant.
2. No commercial advertising shall be
allowed on an antenna; 2. Public building lease agreements will
be established by separate instrument.
3. No signals, lights, or illumination shall (Ord. No. 97-10, § 2, 4-15-97)
be permitted on an antenna, unless required by the
Federal Communications Commission or the Federal
Aviation Administration; Sec. 6. Shared Use of Communication Towers.
4. Any related unmanned equipment A. Notwithstanding any other provision of this
building shall comply with the Standard Building chapter, to minimize adverse visual impacts
Code, as amended from time to time, and shall not associated with the proliferation and clustering of
contain more than 750 square feet of gross floor area tele-communication towers, collocation of facilities
or be more than twelve (12) feet in height; and on existing or new towers shall be encouraged by:
5. If the equipment building is located on 1. Issuing permits to Qualified Shared
the roof of the building, the area of the equipment Facilities at locations existing or new towers have
building shall not occupy more than twenty five sufficient loading capacity, as certified by an engineer
percent (25%) of the roof area. licensed to practice in the State of Florida; and
6. Each application shall contain a 2. Giving preference to Qualified Shared
rendering or photograph of the antenna including, but Facilities over other facilities in authorizing use at
not limited to, colors and screening devices. This shall particular locations.
be subject to administrative approval by the Director
of Development for consistency with the definition of B. For a facility to become a "Qualified Shared
stealth facility. Facility," the facility owner must show that:
2002 S-18
8 Boynton Beach Code
1. The facility is appropriately designed (2) Radio frequency
for sharing; and interference;
2. The facility owner is prepared to offer (3) Geographical service area
adequate space on the facility to others on fair and requirements;
reasonable, nondiscriminatory terms.
(4) Mechanical or electrical
3. To satisfy the requirements of incompatibility;
subsection 1. of this division, the facility owner must
submit a written evaluation of the structural capacity (5) Inability or ability to locate
of the tower, equipment on the tower or towers;
4. The requirements of subsection 2. of (6) Availability of towers for
this division will be deemed to have been met when an collocation;
affidavit attesting to the execution, by the tower
owner/operator, of an agreement authorizing the (7) Any restrictions or
collocation of antenna or other similar tele- limitations of the Federal Communications
communications device. In other cases, the tower Commission that would preclude the shared use of the
owner/operator must enter into an agreement with the tower.
city, acceptable to the city, to offer space on fair,
reasonable, nondiscriminatory terms, at a fair market (8) Additional information
value, and to negotiate leases promptly and without requested by the city.
undue delay. A condition of any permit for a Qualified
Shared Facility shall be that the permit shall be b. The city may consider the ability
terminated, and the facility removed or turned over to of a provider to collocate on an existing structure in
the city, if the city finds that the facility owner is not reviewing an application for a telecommunications
complying with its obligations under this Chapter and tower.
associated agreements with the city. The tower
owner/operator shall have sixty (60) days from the F. A telecommunication tower that is
date the city provides notice to remedy the deficiency, determined to be inappropriate for sharing shall be
assumed to be inappropriate for sharing the same
5. Collocation of communication antennas types of facilities in the future. Such towers will not
by more than one provider on existing or new tele- need to be evaluated in the future regarding sharing
communication towers shall take precedence over the with the same type of facility for which it has been
construction of new single-use telecommunication determined to be inappropriate. The development
towers. Accordingly, each application for a department shall retain a list of such towers, and will
telecommunication tower shall include the following: provide a copy of the list to all potential applicants.
The city may require additional sharing feasibility
a. A written evaluation of the evaluations if warranted by changes in technology.
feasibility of sharing a telecommunication tower, if an
appropriate telecommunication tower or towers is/are G. For any telecommunications tower
available. The evaluation shall analyze one or more of approved for shared use, the owner of the tower shall
the following factors: provide notice of the location of the
telecommunication tower and the tower's load
(1) Structural capacity of the capacity to all other providers.
tower or towers;
H. Public land or right-of-way lease
agreements with respect to collocation of antennas
will be established by separate instrument.
(Ord. No. 97-10, § 2, 4-15-97)
2002 $-18
Telecommunication Towers and Antennas 9
Sec. 7. Applications.
A. The City shall act promptly on any
application submitted in accordance with the
provisions of this chapter. All applications shall be
submitted to the Siting Review Committee
Coordinator, as designated by the City Manager. The
Siting Review Committee shall consist of staff
members appointed by the City Manager, and shall
place the application into one of the following
categories:
1. Tower siting;
2. Collocation;
3. Tower replacement; and
4. Rooftop or building antennas.
The coordinator shall begin the review outlined in
this Chapter, and schedule meetings with the Siting
Review Committee and/or applicant as necessary.
The reasons for rejecting any application filed
under these provisions shall be explained, set forth in
writing and be based on substantial evidence. The
rejection of an application under this chapter does not
prevent a person from filing an application for a
special exception in accordance with applicable law.
B. 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. This provision further
does not preclude the city from issuing a letter of
interest for the purposes of leasing sites on designated
city property for the construction and installation of
personal wireless service facilities. For designated
neighborhood parks, the city will encourage the
installation of facilities which have a minimal impact
on the surrounding areas and are consistent with the
development of the park.
(Ord. No. 97-10, § 2, 4-15-97)
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