Loading...
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 2 Boynton Beach Code 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 1998 S-9 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 2B Boynton Beach Code 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 2002 S-18 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) 2002 S-18 10 Boynton Beach Code