boyn10 Chapter 10
TELECOMMUNICATION TOWERS AND ANTENNAS
Sec. 1. Intent
Sec. 2. Definitions
Sec. 3. Telecommunications Towers
Sec. 4. Tower Replacement
Sec. 5. Antennas Not Located on Telecommunications Towers
Sec. 6. Shared Use of Communication Towers
Sec. 7. Applications
Sec. 1. Intent.
The regulations and requirements of this chapter 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, for example, co-location, to reduce the number of towers needed.
(Ord. No. 97-10, § 2, 4-15-97)
Sec. 2. Definitions.
The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:
Accessory use - A use incidental to, subordinate to, and subservient to the main use of the property. As defined in this section, an accessory use is a secondary use.
Antenna - A transmitting and/or receiving device and/or relays used for personal wireless services that radiates or captures electromagnetic waves, including directional antennas, such
as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations.
Extraordinary conditions - Subsequent to a hurricane, flood or other natural disaster.
Guyed tower - A telecommunication tower that is supported, in whole or in part, by guy wires and ground anchors.
Microwave dish antenna - A dish-like antenna used to link personal wireless service sites together by wireless transmission of voice or data.
Monopole tower - A telecommunication tower consisting of a single pole or spire self-supported by a permanent foundation, constructed without guy wires and ground anchors.
Panel antenna - an array of antennas designed to concentrate a radio signal in a particular area.
Roofline - The overall ridge line of the structure which does not include cupolas, elevator towers, clock towers or other features that are permitted to exceed the maximum height of
the building.
Self-support/lattice tower - A telecommunication tower that is constructed without guy wires and ground anchors.
Stealth facility - Any telecommunications facility which is designed to blend into the surrounding environment and which is incorporated into and is compatible with uses otherwise permissible
on site. Examples of stealth facilities include, but are not limited to, architecturally screened roof-mounted
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antennas, antennas integrated into architectural elements, and telecommunication and/or personal wireless services towers designed to look like light poles, power poles, clock towers,
or trees.
Telecommunication tower - A guyed, monopole or self-support/lattice tower, constructed as a free-standing structure, containing one or more antennas used in the provision of personal
wireless services, excluding radar towers, amateur radio support structures licensed by the FCC, private home use of satellite dishes and television antennas and satellite earth stations
installed in accordance with applicable codes.
Whip antenna - A cylindrical antenna that transmits signals in 360 degrees.
(Ord. No. 97-10, § 2, 4-15-97)
Sec. 3. Telecommunications Towers.
A. Freestanding telecommunication towers may be permitted as a conditional use in accordance with the Land Development Regulations in the following zoning districts:
1. (REC) Recreation district greater than five (5) acres. On property owned by the city, the city shall authorize the application and use of city property after the applicant executes
a lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein.
2. (PU) Public Usage. On property owned by the city, the city shall authorize the application and use of city property after the applicant executes a lease agreement acceptable to
the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein.
3. Industrial (M-1) zoning district provided the towers are an accessory use and are reviewed and approved in accordance with the Land Development Regulations of the city. A monopole
type stealth facility must be utilized on vacant property in —1 zoning districts.
4. Property owned by the city within a Planned Industrial Development (PID) district which is designated for recreation use. The city shall authorize the application and use of city
property after the applicant executes a lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the
criteria set forth herein. Tower locations shall be consistent with approved, proposed or anticipated plans for park development. Towers shall be designed for collocation and consistent
with rules and regulations internal to a P.I.D.
5. Suburban Mixed Use (SMU) zoning district. Any communication tower in the SMU district shall be a stealth facility that is designed consistent with the architecture and theme of
the SMU district. Stealth facilities contained within structural or architectural features, such as clock towers, are preferred. Said communication tower shall be depicted on the SMU
Master Plan, and considered within the SMU design standards. The development standards of Chapter 10 shall govern said tower or antenna.
B. Stealth towers shall be architecturally compatible with existing buildings/structures on site; consistent with the character of existing uses on site; contain communications equipment
or devices that it is not readily identifiable; and shall not exceed 150 feet in height.
C. Minimum standards. Every tele-communications tower must meet the following minimum standards:
1. Prior to the issuance of a building permit by the building division, department of development, a site development plan shall be presented for approval to the planning and zoning
department and the department of development. Each application for a proposed telecommunication tower shall include all requirements for site development plan approval as required by
the Land Development Regulations. Each application shall contain a rendering or photograph of the tower, including but not limited to, colors and screening devices.
2. A statement shall be submitted, prepared by a professional registered engineer licensed
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to practice in the state, which through rational engineering analysis certifies the tower's compliance with applicable standards as set forth in the Standard Building Code, latest edition,
and the Code of Ordinances; and 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 (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
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street. Lighting and Lightning rods up to eight (8) feet in length shall not be considered in measuring the height of the tower.
b. Telecommunication towers shall conform with the setbacks established for the underlying zoning district.
c. Monopole, lattice or guyed telecommunication towers shall not be permitted within two hundred and fifty (250) feet of any residential district or residential portion of a PUD.
In a SMU district, a communication tower shall not be permitted within two hundred fifty (250) feet of any adjacent residential zoning district or within fifty (50) feet of a residential
component of the SMU district, exclusive of integrated mixed-use buildings.
d. Monopole, lattice or guyed telecommunication towers shall not be located within seven hundred and fifty (750) feet of any existing monopole, lattice or guyed telecommunication
tower.
e. 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.
f. Waiver or reduction of separation requirements.
(1) Waivers or reductions of separation distances between towers may be approved by the city commission subject to the criteria contained herein.
(2) Requests for waivers or reductions of separation distances between towers shall be based upon the inability to collocate on existing towers or structures, the need to have more
than one (1) tower, or the efficient use of available land within permitted zoning districts. The decision shall be based upon a finding of compatibility and competent and substantial
evidence that the waiver request meets one or more of the following criteria:
(a) Locational requirements/ limitations as established by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC) or the Public Service Commission
(PSC), if any;
(b) Identification of a more appropriate site that does not meet the separation requirements above, by analysis of factors such as 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
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and its facilities shall be through a locked gate. The requirement for an eight (8) foot fence shall not be applicable if: (1) said communication tower is a stealth facility integrated
into the architecture or structural composition of a building, such as a clock tower located within a SMU district; and (2) access to any equipment or electrical power source is gated
and locked for public safety.
b. Landscaping, consistent with the requirements of the Land Development Regulations, shall be installed and maintained around the entire perimeter of any fence or wall. Additional
landscaping may be required around the perimeter of a fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent residential and non-residential properties.
The city may require landscaping in excess of the requirements of the city code in order to enhance compatibility with adjacent residential and non-residential land uses. Landscaping
shall be installed on the outside of the perimeter fence or wall.
c. Landscaping consistent with perimeter and on-site requirements of the Land Development Regulations shall be installed and maintained around any accessory buildings or structures.
8. High Voltage and "No Trespassing" warning signs.
a. 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 forty (40) feet apart. "High Voltage" shall be defined according to OSHA standards.
b. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart.
c. The letters for the "HIGH VOLTAGE - DANGER" and "NO TRESPASSING" warning signs shall be at least six (6) inches in height. The two (2) warning signs may be combined into one (1)
sign. The warning signs shall be installed at least five (5) feet above the finished grade of the fence.
d. The warning signs may be attached to free standing poles if the content of the signs may be obstructed by landscaping.
9. 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.
10. 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.
11. Accessory buildings or structures. All accessory buildings or structures shall meet all building design standards as listed in this Code, and in accordance with the provisions
of the Standard Building Code, latest edition. All accessory buildings or structures shall require a building permit issued by the building division, department of development.
12. 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.
13. Non-interference. Each application to allow construction of a telecommunication tower shall include a statement that the construction and placement of the tower, will not unnecessarily
interfere with public safety communications and the usual and customary transmission or reception of radio and television service enjoyed by adjacent residential and non-residential
properties.
14. Parking. Communication towers shall be exempt from the parking requirements of the Land Development Regulations, unless otherwise required by the Planning and Zoning Director.
15. Generators. All generators or 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 than three (3) providers have collocated on a tower.
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16. Building permits. In addition to the review processes required in this section, a building permit shall be required for all towers, support and accessory structures, antennas,
and antenna attachments, except as otherwise provided by state or local law.
17. Removal of abandoned or unused facilities. A provider who has determined to discontinue its operations or part of its operations in the city must within ninety (90) days of discontinuance
of use either:
a. Remove its own equipment, including but not limited to the tower, antennas, generators, and service facilities or cabinets, within ninety (90) days of the cessation of use; or
b. Provide information satisfactory to the City Manager or designee that the provider's obligations for its equipment in the right-of-way or public easement or private property under
this division have been lawfully assumed by another provider; or
c. Submit to the City Manager or designee a proposal and instruments for transferring ownership of its equipment to the city. If a provider proceeds under this clause, the city may,
at its option:
(1) Assume ownership
of the equipment for a ten ($10.00) dollar nominal consideration to provider; or
(2) Require the provider, at provider's expense, to remove it; or
(3) Require the provider to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the equipment. Equipment of a provider
who fails to comply with the preceding sentence and which, for six (6) months, remains unused, shall be deemed abandoned. Abandoned equipment is deemed to be a nuisance. The City may
exercise any remedies and rights has at law or in equity, including but not limited to, (1) abating the nuisance, (2) taking possession of the equipment and restoring it to working condition,
or (3) requiring removal of the
equipment by the provider or by the provider's surety under any maintenance bond required by the Code of Ordinances. Telecommunications towers being used for other purposes, including
but not limited to, light standards and power poles, may be exempt from this provision, subject to the requirement that all equipment except the tower structure itself be removed or
abandoned as set forth above.
18. Inspections.
a. Telecommunication tower owners' shall submit a report to the city building division, department of development, certifying structural and electrical integrity on the following
schedule:
(1) Monopole towers - once every five (5) years;
(2) Self-support/lattice towers - once every two (2) years; and
(3) Guyed towers - once every two (2) years.
b. Inspections shall be conducted by a registered engineer. The results of such inspections shall be provided to the building division, department of development. Based upon the results
of an inspection, the Building Official may require repair or removal of a telecommunication tower.
c. Should the building division, department development, have reason to believe a telecommunications tower site is not in compliance with applicable building and electrical codes,
the city may conduct periodic inspections of the site to ensure structural and electrical integrity. The owner of the telecommunications tower may be required by city to have more frequent
inspections should there be reason to believe that the structural and electrical integrity of the tower is jeopardized. The city reserves the right to require additional inspections
if there is
evidence that the tower has a safety problem or is exposed to extraordinary conditions.
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19. Telecommunications towers are prohibited when a proposed or existing principal use or uses within two hundred (200) feet of a proposed tower includes the storage, distribution,
or sale of volatile, flammable, explosive or hazardous wastes, including but not limited to, LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals purposes,
unless the city fire marshal determines that the proximity of a telecommunications tower does not pose any danger or risk of explosion or fire or unless used for backup power purposes.
20. Fees and charges. Public land or right-of-way lease agreements shall be established by separate instrument.
21. Additional uses permitted on lot. Communication towers may be located on lots containing another principal use. Separation between communication towers and other uses on the lot
may be required to ensure compatibility. Towers may occupy a leased parcel on a lot that meets the minimum lot size requirement of the zoning district in which it is located. For lease
parcels not meeting the minimum lot size requirement, the city shall require the execution of a unity of title, unity of control, or other documentation as determined appropriate by
the City Attorney.
(Ord. No. 97-10, § 2, 4-15-97; Ord. No. 98-32, § 1, 9-3-98; Ord. No. 02-033, § 4, 8-20-02; Ord. No. 05-028, §§ 2-4, 7-5-05)
Sec. 4. Tower Replacement.
Notwithstanding the above provisions of this section, towers in existence as of January 1, 1997, may be replaced with a tower of equal or less visual impact after approval by the city
manager or her/his designee. However, if the proposed new tower would not be consistent with the minimum standards under Section 3 of this chapter, replacement must be approved by the
city commission.
A. Conforming towers. An existing conforming tower may be replaced subject to the criteria set forth herein. If the criteria are not met, the
replacement tower shall comply with the siting requirements of this section.
1. The replacement tower shall accommodate a minimum of two providers;
2. The replacement tower shall be a stealth or monopole tower;
3. The tower may be required to be relocated on the site to lessen the impact on adjacent parcels; and
4. The replacement tower shall be subject to administrative review by the Planning and Zoning and Development Departments.
B. Nonconforming towers. An existing nonconforming tower may be replaced subject to the criteria below. If the criteria is not met, the replacement shall comply with the siting requirements
of this section.
1. The replacement tower shall accommodate a minimum of two providers;
2. The replacement tower shall be a stealth or monopole tower;
3. The tower may be required to be relocated on the site to lessen the impact on adjacent parcels; and
4. The replacement tower shall be subject to administrative review by the Planning and Zoning and Development.
5. The tower shall be reconstructed to its original height or 150 feet, whichever is less.
C. Accessory Structures. The size of an accessory structure or structures may be increased, subject to the Code of Ordinances, to accommodate collocation. The expansion shall be subject
to administrative approval by the Planning and Zoning Department and the Department of Development.
(Ord. No. 97-10, § 2, 4-15-97)
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Sec. 5. Antennas Not Located on
Telecommunications Towers.
A. Stealth rooftop or building mounted antennas not exceeding twenty (20) feet above the roofline and not exceeding ten (10) feet above the maximum height of the applicable zoning district
may be permitted as an accessory use in all zoning districts except R-1-AAA, R-1-AAB, R-1-AA, R-1-A, R-1 and R-2. Antennas may exceed twenty (20) feet above the roofline in the REC
and PU zoning districts if municipal purposes warrant additional height.
B. Minimum standards. Building or rooftop antennas shall be subject to the following minimum standards:
1. Building rooftop stealth antennas shall only be permitted on buildings which are at least forty-five (45) feet tall, and must be stealth or architecturally screened;
2. No commercial advertising shall be allowed on an antenna;
3. No signals, lights, or illumination shall be permitted on an antenna, unless required by the Federal Communications Commission or the Federal Aviation Administration;
4. Any related unmanned equipment building shall comply with the Standard Building Code, as amended from time to time, and shall not contain more than 750 square feet of gross floor
area or be more than twelve (12) feet in height; and
5. If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than twenty five percent (25%) of the roof area.
6. 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 approval
by the Director of Development for consistency with the definition of stealth facility.
C. Antenna Dimensions. Antenna dimensions shall be approved by the director of development as required by existing technology. A statement shall be submitted, prepared by a professional
registered engineer licensed to practice in the State of Florida, to certify the need for the required dimensions.
D. 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.
E. Fees.
1. Permit and zoning application fees for telecommunications towers or antennas shall be paid by applicant.
2. Public building lease agreements will be established by separate instrument.
(Ord. No. 97-10, § 2, 4-15-97)
Sec. 6. Shared Use of Communication Towers.
A. Notwithstanding any other provision of this chapter, to minimize adverse visual impacts associated with the proliferation and clustering of telecommunication towers, collocation
of facilities on existing or new towers shall be encouraged by:
1. Issuing permits to Qualified Shared Facilities at locations existing or new towers have sufficient loading capacity, as certified by an engineer licensed to practice in the State
of Florida; and
2. Giving preference to Qualified Shared Facilities over other facilities in authorizing use at particular locations.
B. For a facility to become a "Qualified Shared Facility," the facility owner must show that:
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1. The facility is appropriately designed for sharing; and
2. 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 subsection 1. of this division, the facility owner must submit a written evaluation of the structural capacity of the tower.
4. The requirements of subsection 2. of this division will be deemed to have been met when an affidavit attesting to the execution, by the tower owner/operator, of an agreement authorizing
the collocation of antenna or other similar telecommunications device. In other cases, the tower owner/operator must enter into an agreement with the city, acceptable to the city, to
offer space on fair, reasonable, nondiscriminatory terms, at a fair market value, and to negotiate leases promptly and without undue delay. A condition of any permit for a Qualified
Shared Facility shall be that the permit shall be terminated, and the facility removed or turned over to the city, if the city finds that the facility owner is not complying with its
obligations under this Chapter and associated agreements with the city. The tower owner/operator shall have sixty (60) days from the date the city provides notice to remedy the deficiency.
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 service area 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 consider the ability of a provider to collocate on an existing structure in reviewing an application for a telecommunications tower.
F. 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 development department 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.
G. 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 all other providers.
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)
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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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