18-017ORDINANCE NO. 18-017
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING PART III. "LAND DEVELOPMENT
REGULATIONS," CHAPTER 3, "ZONING," ARTICLE V,
"SUPPLEMENTAL REGULATIONS," SECTION 13,
"WIRELESS COMMUNICATION FACILITIES" OF THE
CITY OF BOYNTON BEACH CODE OF ORDINANCES; TO
PROVIDE FOR REVISIONS RELATED TO THE
EXCLUSION OF REGULATIONS RELATED TO THE
PLACEMENT OF WIRELESS COMMUNICATION
FACILITIES IN THE PUBLIC RIGHTS OF WAY;
PROVIDING FOR CITY COMMISSION AUTHORITY,
CODIFICATION, SEVERABILITY, CONFLICTS, AND AN
EFFECTIVE DATE.
WHEREAS, the Florida Supreme Court held unanimously in City of'Hollywood v.
Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006), that Article VIII, section 2(b) of the Florida
Constitution and the Home Rule Powers Act, Florida Statutes § 166.021(3)(c), grant
municipalities "broad authority to enact ordinances under its. municipal home rule powers"
and that "[ u ]nder its broad home rule powers, a municipality may legislate concurrently
with the Legislature on any subject which has not been expressly preempted to the State";
and
WHEREAS, the City of Boynton Beach has a substantial and significant public
interest in regulating the siting of communication towers, communication antennas, and
wireless communication facilities to promote the public health, safety, aesthetics, and
general welfare; and
WHEREAS, the City of Boynton Beach has a substantial and significant public
interest in protecting residential areas and land uses from potential adverse impacts of
communication towers, communication antennas, and wireless communication facilities;
and
WHEREAS, such public interest extends to protecting, preserving a -rid
maintaining the health, safety and welfare of the residents while also protecting,
preserving and maintaining the aesthetic character of areas where the residents reside and
do business; and
WHEREAS, the City of Boynton Beach desires to avoid potential
etrimental impacts to adjacent properties from wireless communication facilities
irough engineering and careful siting; and
WHEREAS, the City finds that this Ordinance will advance the public health,
safety, and welfare, and help to preserve the unique and extraordinary aesthetic qualities
(00228951,1 106-900'.8211 1
of the City, all within the bounds of the Act and other state and federal laws governing
communications facilities.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being
true and correct and are hereby made a part of this Ordinance.
SECTION 2. Amendment of City Code. Part III, "Land Development Regulations,"
Chapter 3, "Zoning," Article V, "Supplemental Regulations," Section 13, "Wireless
Communication Facilities ("WCF"), of the City of Boynton Beach Code of Ordinances be,
and the same are hereby amended as provided in Exhibit "A", which is attached to this
Ordinance, and hereby incorporated by reference (words that are stricken out are deletions;
words that are underlined are additions).
SECTION 3. Codification and Reservation of Rights. This Ordinance shall be
incorporated into the Boynton Beach City Code. Any section, paragraph number, letter
and/or any heading may be changed or modified as necessary to effectuate the foregoing.
Grammatical, typographical and similar or like errors may be corrected, and additions,
alterations, and omissions not affecting the construction or meaning of this ordinance and
the City Code may be freely made. Adoption and codification of this ordinance does not
waive the city's right to contest or otherwise challenge the constitutionality validity,
enforceability, and effectiveness of the Act or any part thereof and the city hereby reserves
the right to contest and otherwise challenge the Act.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, whether for substantive, procedural, or any other reason, such
portion shall be deemed a separate, distinct and independent provision, and such holding
shall not affect the validity of the remaining portions of this ordinance.
SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance
and any other ordinance or provision of law, this Ordinance controls to the extent of the
conflict, as allowable under the law.
SECTION 6. Effective date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply
to all existing and future applications for permits.
FIRST READING this 19th day of June, 2018.
306-9001821)
2
SECOND, FINAL READING AND PASSAGE this 2nd day of October, 2018.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor — Christina L. Romelus
Commissioner — Mack McCray
Commissioner — Justin Katz
Commissioner — Joe Casello
VOTE�`�
ATTEST:
Judit A. Pyle, CNfC
City,, Jerk
(Corporate Seal)
(00228951 t6.9001821)
ATTACHMENT "A"
PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 3. ZONING, ARTICLE V.
SUPPLEMENTAL REGULATIONS, SECTION 13. WIRELESS COMMUNICATION FACILITIES
(WCF)
Section 13. Wireless Communications Facilities (WCF). WCF means any manned or unmanned
location for the transmission and/or reception of radio frequency signals, or other wireless communications,
or wireless data transmission/reception, and usually consisting of an antenna or group of antennas,
transmission cables, and equipment cabinets, and may include an antenna support structure. WCF include
developments containing new, mitigated, pre-existing antenna support structures, or co -location on existing
antenna support structures, and include attached WCF, concealed WCF, and non -concealed WCF.
A. General Provisions.
1. Purpose and Intent. The purpose of this ordinance is to establish minimum development
standards for the regulation of commercial WCF and their related accessory equipment and buildings.
The intent of this ordinance is the following:
a. Promote the health, safety, and general welfare of the public by regulating the siting of WCF;
b. Control placement of WCF in a way that minimizes the visual impact to nearby properties by
locating them in areas where the impact on the community is minimal;
c. Implement the provisions of the Telecommunications Act of 1996 at a local level; and
d. Maximize the opportunity for the shared use of new and existing WCF through co -location, in
order to reduce the number of new WCF needed to serve the community.
2. Administration. The Director of Planning and Zoning or designee shall be responsible for the
overall coordination and administration of this section.
3. Applicability. Except as otherwise specifically provided herein, the installation, construction,
or modification of proposed and existing WCF shall be subject to the regulations of this section.
However, WCF located in public rights-of-way are subject to the regulations of the City's Code of
Ordinances, Part II, Chapter 25. 1. as amended.
4. Exemptions. The following are exempt from the provisions of this section:
a. Noncommercial Antennas and Satellite Earth Stations. Noncommercial amateur radio
antennas and satellite eaFffi statiens dish antennas are subject to the provisions of Section 12 of
this article.
b. City -owned WCF on Public Property or Right -of -Way. If this section would prohibit City -
owned WCF from being located at a specific site, and WCF are required to protect the public
welfare or safety, the applicable criteria of this section may be exempted by the City Commission,
except as otherwise required by Florida Statutes. In such cases the Commission shall make a
finding of fact indicating the justification for the exemption.
(00239354.4 306-9001821)
c. Temporary Facility.
(1) State of Emergency. Temporary, commercial WCF, upon the declaration of a state of
emergency by federal, state, or local government, or determination of public necessity by the
City Manager, except that such facilities must comply with all applicable federal and state
requirements. Said WCF may be exempt from these provisions up to sixty (60) days after the
duration of the state of emergency.
(2) Special Event. Temporary, commercial WCF, utilized in conjunction with coverage of a
special event, except that such facilities must comply with all applicable federal and state
requirements. Said WCF may be exempt from these provisions up to one (1) week after the
duration of the special event.
d. Radio and TV Broadcasting. Antenna support structures, antenna, and/or antenna arrays for
AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the FCC shall be
regulated in accordance with the Use Matrix of Chapter 3, Article IV, Section 3.C. as an industrial
service use.
5. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which
pertain to the regulations and standards contained herein.
B. General Standards. Where allowed as provided in Table 3-29 (Zoning Districts and Affiliated
Process) herein, the following development regulations shall apply to all new, mitigated, -ee lec-ated, or
combined wireless facility installations.
1. Pre -Existing WCF. Any WCF which legally existed prior to the effective date of this ordinance
are considered permitted nonconforming uses and structures, and shall be deemed pre-existing WCF.
Additions to or enlargement of any pre-existing nonconforming WCF shall be required to comply with
this section and shall be governed as follows:
a. Routine Maintenance. To encourage the use of existing facilities, such nonconforming status
shall not prevent the routine maintenance on nonconforming WCF, or prohibit the placement,
modification or relocation of any antenna on any such WCF.
b. Modifications. Despite any provision of this seefie to the eent"c=,', `.The City may allow
nonconforming WCF to be repaired, reconstructed, replaced, or increased in height upon a
demonstration by the applicant that the new or modified WCF complies with the current
regulations to the maximum extent practicable, while achieving an overall public benefit in terms
of the provision of services.
2. Additional Uses on Lot. WCF may be located on a leased parcel of a conforming lot containing
a lawful principal use. Separation between WCF and other uses on the lot may be required to ensure
compatibility.
3. District Height Limitations. The requirements set forth herein shall govern the location of WCF
that exceed, and antennas that are installed, at a height in excess of the building height limitations
specified for each zoning district. The height limitations applicable to buildings and structures shall
(00239354.4 3069001821
2
not apply to WCF regulated by this section, and WCF shall not require an exception to the building
height limitations.
4. Equipment Cabinets. Cabinets and equipment shelters may be provided within the principal
building, behind an approved screen on a rooftop, or on the ground within the fenced -in and screened
equipment compound, , depending
on the type of WCF. Cabinets and equipment shelters shall not be visible from pedestrian views and
shall be fenced and screened as required below.
a. Storage. Equipment shelters shall not be used for the storage of any excess equipment or
hazardous waste (e.g., discarded batteries). Mobile or immobile equipment not used in direct
support of WCF shall not be stored or parked on the site of WCF, unless on a temporary basis
while repairs are being made to WCF. No outdoor storage yards shall be allowed in WCF
equipment compounds.
b. Unmanned. Equipment shelters shall be unmanned and not used as habitable space.
5. Equipment Compound Enclosure. All equipment compounds on the ground, with the exception
of concealed attached stealth WCF integrated into the architecture of a building, shall, at a minimum,
be enclosed with a fence eight (8) feet in height. To effectively screen the equipment compound in
residential districts and in any district where the equipment compound is visible from a public right-
of-way, the enclosure shall consist of a masonry wall eight (8) feet in height, constructed in accordance
with the community design standards (see Article III, Section 3.E.). For public safety, access to WCF
shall be through a locked gate.
6. Landscaping. Landscaping around the perimeter of ground equipment shall consist of a
landscaped strip wide enough to accommodate trees, shrubs, and a fence or wall enclosure installed
around the outside of the entire equipment compound. The general landscape standards shall be
consistent with those of Chapter 4, Article II, Landscape Design and Buffering, Section 4.A (City -
Wide Standards), except that the shrubs are required to be a minimum of three (3) feet in height at the
time of installation. Water -wise trees with a minimum of four (4) caliper inches shall be spaced every
twenty (20) feet on center within the landscape strip. Additional landscaping may be required around
the perimeter of a wall or use of a screening fabric around the perimeter of a fence to maximize
compatibility with adjacent properties. An alternative design may be allowed with respect to proposed
buffering components, tree spacing, and plant material, provided that such alternate landscape plan is
approved in accordance with Chapter 4, Article II, Section 5 (Alternate Compliance). Irrigation,
maintenance, and replacement of required landscaping shall be the responsibility of the owner of the
WCF. On City -owned properties, required WCF landscaping shall be maintained by the City or its
designated landscape contractor, and the owner of the WCF shall be required to pay an annual
landscape maintenance fee to the City.
7. Parking. A minimum parking space requirement for WCF is not required, however access to
WCF must be provided, and temporary off-street parking as part of a principal use on site may be
utilized.
8. Signage. Except as otherwise permitted in this ordinance, no signage, lettering, symbols, images,
or trademarks in excess of 200 square inches shall be placed on or affixed to any part of a WCF,
antenna, equipment building, or security fencing other than as required by FCC regulations or other
applicable law. Warning signs of "NO TRESPASSING" and "HIGH VOLTAGE — DANGER" shall
100239354.4 306-9001821)
3
be installed at least five (5) feet above the finished grade of the fence or wall and shall not be obstructed
by landscaping.
9. Lighting. Except as otherwise permitted in this ordinance, no signals, lights or illumination of
any kind shall be permitted on or directed toward any WCF unless required by the FCC, the FAA, or
other appropriate public authority. Any security lighting for on -ground facilities and equipment shall
be in compliance with Chapter 4, Article VII (Exterior Lighting Standards) of the LDR.
10. Generators. Generators may not be used as a primary electrical power source for a WCF.
Generators may be used for temporary power prior to receipt of a CO and not to exceed thirty (30)
days. Backup generators shall only be operated during power outages and for testing and maintenance
purposes. Any and all generators used for WCF shall control the noise level by use of a silencer or
other device that will reduce the noise level to no more than 70 decibels. 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 co -located on a WCF.
11. Structural Standards. WCF and their equipment compounds shall be constructed and maintained
in conformance with the Florida Building Code, specifically Chapters 15, 16, and Section 3108 for
construction and design loads. WCF shall be designed to resist wind loads in accordance with
TLA,/EIA-222, the federal standards for Steel Antenna Towers and Antenna Supporting Structures. In
addition, all accessory equipment buildings, cabinets, or structures, or modifications to WCF shall
require building permits and inspections. Design documents for towers, antennas and other structures
required to meet wind loads shall bear the raised seal and signature of an engineer licensed and
registered in the State of Florida.
All work such as clearing and grading, driveway construction, and installation of WCF and enclosure
shall be permitted in accordance with the applicable sections of the LDR.
12. Hazardous Location. WCF are prohibited when a proposed or existing principal use or uses
within two hundred (200) feet of a proposed WCF 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, unless the City Fire Marshal determines that the
proximity of the WCF does not pose any danger or risk of explosion or fire or unless used for backup
power purposes.
C. Attached WCF. Attached WCF are an antenna or antenna array that are secured to an existing building
or structure with any accompanying pole or device which attaches it to the building or structure, together
with transmission cables, and an equipment cabinet, which may be located either on the roof or
inside/outside of the building or structure, oaaae oa to utility poles within a 6& of Attached WCF
are considered to be an accessory use to the existing principal use on a site.
Concealed Attached WCF. Concealed attached WCF, sometimes referred to as camouflaged
facilities, are WCF, including their ancillary structures or equipment compounds, that are not readily
identifiable as such, and are designed to be aesthetically compatible with existing and proposed
buildings and uses on a site. Examples include, but are not limited to the following: screened antennas
that blend with and are incorporated into existing architectural features of a building such as a church
steeple, bell tower, clock tower, or cupola. WCF located in public rights-of-way are subject to the
regulations of the City's Code of Ordinances, Part Il, Chapter 25. 1, as amended.
{00239354.4 3069001821 }
4
a. Height. WCF shall only be allowed on buildings at least forty (40) feet in height, not to
exceed more than fifteen (15) feet above the roofline.
b. Setbacks. WCF and associated accessory equipment shall be located within the buildable
area of the lot and not within the front, rear, or side yard building setbacks, and subject to the
setbacks of the underlying zoning district. When located on a nonconforming building or structure,
then the existing nonconforming setback shall apply.
c. Design. Feed lines and antennas shall be designed to architecturally match the fagade, roof,
wall, or structure on which they are affixed so that they blend with the existing structural design,
color, and texture. Existing conforming building element structures (excluding towers) in excess
of 50 feet in height may, as a matter of right, be rebuilt, if necessary, to support or contain a new
antenna, provided that the new structure is the same height and substantially the same in
appearance as the structure it replaces.
d. Ground Equipment. Equipment buildings shall not exceed a total of 500 square feet and
shall not exceed eight (8) feet in height.
e. Rooftop Equipment. Rooftop equipment shall not occupy more than 25% of the roof area
and shall comply with the exterior building and site design standards (see Chapter 4, Article III,
Section 3.A.9).
2. Non -concealed Attached WCF. Non -concealed attached WCF are wireless communication
facilities that are readily identifiable as such.
a. Location. WCF shall be allowed on City -owned real property elee4ie utility pole light
s4aadar,ds, e (such as existing ball park light poles, wheFe the appheaw has an agFeefflew with the
appheable utility or- edhew_ -Aut-h-e-i-i-ty that exMises jur-isdietien ever- the S*eet right of way e-r-
pr-ep 4y, --subject to approval of the City
eeffip ;, or on privately -owned property. WCF located in public rights-of-way are subject to the
regulations of the City's Code of Ordinances, Part II, Chapter 25.1, as amended.
b. Height. WCF shall only be attached to poles 50 feet or more in height, provided that the total
length of any antenna does not exceed 201-0% of the height of the existing pole. The total height
shall be determined by the highest point of any and all components of the structure, including
antennas.
D. Freestanding WCF. Freestanding WCF are any manned or unmanned location for the transmission
and/or reception of radio frequency signals, or other wireless communications, usually consisting of an
antenna or group of antennas, feed lines, and equipment cabinets, and may include an antenna support
structure. WCF include, but are not limited to the following: stealth, monopole, guyed, or lattice antenna
support structures.
100239354.4 306.9001821)
Generally.
a. Determination of need. No new or mitigated WCF shall be permitted unless the applicant
demonstrates that no existing WCF within applicant's coverage area can accommodate the
applicant's proposed use;
b. Co -location. All new or mitigated WCF up to 80 feet in height shall be engineered and
constructed to accommodate no less than two (2) antenna arrays. All WCF between eighty-one
(8 1) feet and one hundred (100) feet shall be engineered and constructed to accommodate no less
than three (3) antenna arrays. All WCF between one hundred one (10 1) to one hundred fifty (15 0)
feet shall be engineered and constructed to accommodate no less than four (4) antenna arrays.
c. Separation. A minimum separation distance of 750 feet shall be required between proposed
and existing freestanding WCF. A waiver or reduction of separation distance between WCF may
be approved by the City Commission based upon the inability to co -locate on existing structures,
the need to have more than one (1) WCF, 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:
(1) 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;
(2) 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;
(3) To avoid the location of a tower on environmentally sensitive land, a wilderness area, a
historical site, or other sensitive area; or
(4) To reduce the impact on adjacent residential uses.
d. Design. New antenna support structures shall be configured and located in a manner that shall
minimize adverse effects including visual impacts on the landscape and adjacent properties.
e. Clearing and Grading. Clearing and grading shall be minimized and limited only to the area
necessary for the new WCF and done in accordance with city regulations.
f. Access. Each site shall have access from an improved right-of-way approved by the
Cit . The accessdriveway shall extend f eM the street
to an appropriate location on the premises where a vehicle would need to be parked to facilitate
normal maintenance of the facility.
g. Height. Maximum height shall be measured from ground level to the highest point of the
WCF, including any antenna. Height limit shall exclude lightning rods or lights required by the
FAA that do not provide support for antennas.
h. Safety. All support structures shall comply with the requirements of the Florida Building
Code and safety standards contained in the Electronics Industries Association/
(00239354.4 306-9001821)
6
Telecommunications Industries Association (EIA/TIA) document 222-F, "Structural Standards for
Steel Antenna Towers and Supporting Structures," as amended.
i. City's Option to Co -locate. The City may' ''�� *''�^*���, through an agreement
negotiated with the owner of the WCF, to co -locate emergency/public safety equipment on any
proposed non -concealed freestanding WCF within the City's jurisdiction, provided that the co -
location of antennas does not interfere with the normal operation of approved WCF. Subject to
the terms of any negotiated and approved agreement, the Resefved-space on a new non -concealed
freestanding WCF, including gpyreserved ground space for equipment, shall be required for future
City co -location, and shall be noted on plans.
2. Concealed Freestanding WCF. Concealed freestanding WCF, sometimes referred to as stealth
facilities, are WCF Audi„„ their- a"ar stfuetur-es, O o ��* � *ds- that are not readily
identifiable as such, and designed to blend into the surrounding environment and be aesthetically
compatible and in proportion with existing and proposed buildings and uses on a site. WCF sometimes
have a secondary, obvious function such as a flagpole, light pole, or tree. The accessory ground
equipment for concealed, freestanding WCF shall be screened from abutting rights-of-waythrough the
utilization of landscaping or other screening mechanisms.
a. Residential districts. In residential districts, as indicated on Table 3-29 herein, new WCF
shall only be permitted on lots with a minimum lot size of one (1) acre, containing only non-
residential uses, including but not limited to, schools, churches, fire stations, parks, and other
public property.
b. Height. Height shall be according to the zoning district in which WCF is located.
(1) In all residential districts as indicated on the Tables in this Section, the maximum height
shall be limited to 25 feet above the maximum building height of the zoning district.
(2) In the PU and REC districts, the maximum height shall be limited to 100 feet.
(3) In all commercial districts, the maximum height shall be limited to 30 feet above the
maximum building height of the zoning district.
(4) In all mixed use districts, the maximum height of concealed freestanding WCF shall be
limited to the approved building height or a total of 70 feet, whichever is less.
(5) In industrial districts, except where prohibited in a mixed-use pod with a residential
component within a PID, the maximum height shall be limited to 100 feet, if located less
than 1,000 feet from a residential use, and 150 feet if located if located in excess of 1,000
feet from a residential use.
c. Setbacks. In all zoning districts where allowed, WCF shall be set back one-half the height of
the antenna support structure from all property lines. However, in all instances, the minimum
setback distance from the property line of any residentially zoned property or the boundary of a
residential component within a mixed use pod, shall be at least one and one-half (1.5) times the
height of the entire proposed WCF structure.
(00239354.4 306-9001821)
7
d. Design. WCF shall be designed to blend into the surrounding environment and be
aesthetically compatible and in proportion with building mass and existing features or landscaping
on site.
3. Non -concealed Freestanding WCF. Non -concealed freestanding WCF are those facilities that
are readily identifiable as such, and include, but are not limited to, the following: guyed, lattice, or
monopole antenna support structures.
a. Antenna support structure. WCF shall be limited to monopole type antenna support
structures, unless the applicant demonstrates that such design is not feasible to accommodate the
intended users.
b. Height. The maximum height shall be limited to a total of one hundred (100) feet. However,
the maximum height may exceed 100 feet, but shall not exceed 150 feet, if the subject WCF is
located within an M-1 or PID zoning district, and located in excess of 1,000 feet from a residential
use.
c. Setbacks WCF and their equipment compounds shall be subject to a minimum setback
distance equal to the height of the proposed antenna support structure. However, the minimum
setback distance shall be at least two (2) times the height of the WCF structure from the property
line of any adjacent residential use. In REC and PU districts, the minimum setback distance shall
be three (3) times the height of the WCF structure from the property line of any adjacent residential
use.
d. Design.
(1) Antenna support structures shall maintain a galvanized gray fmish or other approved
compatible color, except as required by federal rules or regulations.
(2) New antenna mounts shall be flush -mounted, unless it is demonstrated through RF
propagation analysis that flush -mounted antennas will not meet the network objectives of the
desired coverage area.
4. Alitigattien—Modification of Existing WCF. Mitigation is a mModification to an existing
WCF to increase the height, or to improve its integrity, or to replace or remove
one or several antenna support structures located in proximity to a proposed new antenna support
structure, in order to encourage compliance with this section or improve aesthetics or functionality of
the overall wireless network.
a. Determination of Need. WCF mitiga4enmodification shall accomplish a minimum of one
of the following: reduce the number of WCF; reduce the number of nonconforming WCF; replace
existing WCF to reduce visual obtrusiveness; or replace existing WCF with new WCF to promote
greater co -location opportunities or improve network functionality, resulting in compliance with
this ordinance.
b. Height. The owner of an existing WCF shall endeavor to limit the height of a modified WCF
appr-evedfor- mitigation shall not exeeed the to a height that does not exceed the maximum height
limitations of this section based on the type of WCF and the zoning district. A Rreplacement WCF
with an increased height of no more than ten percent (10%) or no more than the height of one
(00239354.4 3069001821(
8
additional antenna array with separation form the nearest existing antenna not to exceed twenty
(20) feet, whichever is greater, shall not be considered a substantial change and require building
permit goy Conmnission approval.
c. Setbacks. A nNew WCF appy -eve for- mitigation ^fihat modifies an existing WCF shall be
constructed on site within close proximity to existing WCF at the same or greater setbacks than
previously established. All proposed accessory equipment buildings shall comply with established
setbacks for existing WCF,
d. Buffers. At the time of modificationigatien, equipment compounds shall be brought into
compliance, to the extent legally required -possible, with the screening and buffer requirements of
this section.
e. Design. Modifiediigated antenna support structures shall comply with the provisions herein
to reduce nonconformity and minimize adverse effects on the landscape and adjacent properties,
with specific design considerations as to WCF type, height, scale, color, texture, and architectural
design of the buildings on the same and adjacent lots.
Antenna Element Replacement or Repair. Any repair or replacement of an existing antenna or
antenna array with another of like size and shape that will not alter the structural integrity of the
support structure may be completed, subtect to submittal and approval of the required building
6. Co -location. Co -location means the practice of installing and operating multiple wireless carriers,
service providers, and/or radio common carrier licensees on the same antenna support structure or
attached WCF using different and separate antenna, feed lines and radio frequency generating
equipment.
a. Height. Co -located or combined WCF shall not increase the height of an existing antenna
support structure, except as may be otherwise authorized by Federal or State law.
b. Setbacks.
(1) Ground equipment to be located in conjunction with co -location shall comply with the
setback requirements depending on the type of WCF, and zoning district in which it is.located. _
(2) Co -location of antenna on WCF approved prior to this ordinance may locate proposed
accessory equipment buildings within existing equipment compound enclosures, provided the
minimum established setbacks of existing WCF are met.
c. Design. New antenna mounts shall be flush -mounted onto existing WCF, unless it is
demonstrated through RF propagation analysis that flush -mounted antennas will not meet the
network objectives of the desired coverage area.
d. Buffers. At the time of installation of additional equipment to WCF, the applicant shall
endeavor, to the extent legally required, bring the equipment compounds4h4�� into
compliance with the screening and buffer requirements of this section.
(00239354.4 306-90018211
9
Legend:
AD - Administrative (Staff) ReviewAp}feN,al
CC - City Commission (Public Hearing) Approval
Blank - Not Allowed
Footnotes:
1 Concealed attached WCF shall only be allowed on building features that are a minimum of 40 feet in height, not to exceed
15 feet above the roofline.
2 Non -concealed attached WCF are allowed on
private propertv
or publicly -owned propertv excluding public rights-of-way which are regulated by Part II of the City's Code of Ordinances,
Chapter 25.1 as amended.
3 Concealed Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a
nonresidential use (school, church)
4 A minimum separation of 750 feet is required between freestanding WCF. Freestanding requires conditional use approval.
In industrial districts, except where prohibited in a mixed-use pod with a residential component within a PID, the maximum
height shall be limited to 100 feet if located less than 1,000 feet from a residential use, and 150 feet if located in excess of
1,000 feet from a residential use.
5 Only when located on City -owned property of two (2) acres or more.
6 Restricted to a maximum height of 100 feet. A setback of three (3) times the height of WCF structure required from the
property line of an adjacent residential use.
7 Replacement WCF with increased height requires public hearing approval.
(00239354.4 306-9001821)
10
TABLE 3-29. Zoning Districts and Affiliated Process.
Zoning
Distr'lct
Concealed
Attached
WLRI
Non-
conceded
Attached
WCF2
Concealed
fa'�estanding
cF.a
Non-
concealed
free$tning
d
lAas�ieaModification
of
. ,.E�citingiNCf
Antenna
Elerrient
tte lacement
Co-
loatic
s
R-1
CC 3
AD
AD
AD
R-2
Ala
CC 3
AD
AD
AD
R-3
AD
Ala
CC 3
AD
AD
AD
R-4
AD
CC 3
AD
AD
AD
PUD
AD
AD
CC
AD
AD
AD
IPUD
AD
AD
CC 3
AD
AD
AD
MHPD
CC 3
AD
AD
AD
C-1
AD
CC
AD
AD
AD
C-2
AD
CC
AD
AD
AD
C-3
AD
AD
CC
AD
AD
AD
C-4
AD
AD
CC
AD
AD
AD
CBD
AD
AD
CC
AD
AD
AD
PCD
AD
AD
CC
AD
AD
AD
REC
AD
AD
CC
CC 5,6
AD
AD
AD
PU
AD
AD
CC
CC 5,6
AD
AD
AD
SMU
AD
AD
CC
AD
AD
AD
MU -L-1
AD
AD
CC
AD
AD
AD
MU -L-2
AD
AD
CC
AD
AD
AD
MU -L-3
AD
AD
CC
AD
AD
AD
MU -4
AD
AD
CC
AD
AD
AD
U -H '
�►lD
`GCfl
4x
A13
AD
PID
AD
AD
CC
CC
AD
AD
AD
M-1
AD
AD
CC
CC
AD
AD
AD
Legend:
AD - Administrative (Staff) ReviewAp}feN,al
CC - City Commission (Public Hearing) Approval
Blank - Not Allowed
Footnotes:
1 Concealed attached WCF shall only be allowed on building features that are a minimum of 40 feet in height, not to exceed
15 feet above the roofline.
2 Non -concealed attached WCF are allowed on
private propertv
or publicly -owned propertv excluding public rights-of-way which are regulated by Part II of the City's Code of Ordinances,
Chapter 25.1 as amended.
3 Concealed Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a
nonresidential use (school, church)
4 A minimum separation of 750 feet is required between freestanding WCF. Freestanding requires conditional use approval.
In industrial districts, except where prohibited in a mixed-use pod with a residential component within a PID, the maximum
height shall be limited to 100 feet if located less than 1,000 feet from a residential use, and 150 feet if located in excess of
1,000 feet from a residential use.
5 Only when located on City -owned property of two (2) acres or more.
6 Restricted to a maximum height of 100 feet. A setback of three (3) times the height of WCF structure required from the
property line of an adjacent residential use.
7 Replacement WCF with increased height requires public hearing approval.
(00239354.4 306-9001821)
10
Administrative reviewappreY4 unless on City -owned site and the lease requires each Tenant to have a separate lease with
City (each lease requires City Commission approval as a lease amendment), or the lease requires written consent letter (City
Commission consent agenda).
TABLE 3-30. Maximum Heights of WCF
Zonin
bitrit
Concebletl
Aitachecl
WCF
Non.
,concealed
'Attached
WCF
Conte"let!
Frstintngs#andingtiettng'VUCF
YIi F;, .'.
Non
naealed=
11YC I-.,
#itiga#fenlVlodiiicatio,
4f►nterina
, ,
llefinent
Re lacement
Co-
locatia
R-1
55' 3,4
7
7
7
R-2
2
55' 3,4
7
7
7
R-3
1
2
55' 3,4
7
7
7
R-4
55' 3.4
7
7
7
PUD
1
2
75' 3,4
7
7
7
IPUD
1
2
75' 3,4
7
7
7
MHPD
55' 3,4
7
7
7
C-1
2
55' 4
7
7
7
C-2
2
55' 4
7
7
7
C-3
2
75' 4
7
7
7
C-4
1
2
75' 4
7
7
7
CBD
1
2
130'4
7
7
7
PCD
1
2
75' 4
7
7
7
REC 1
1
2
100' 4
100' 4,5,6
7
7
7
PU
1
2
100' 4
100' 4,5,6
7
7
7
SMU
1
2
70' or less 4
7
7
7
MU -L-1
1
2
70' or less 4
7
7
7
MU -L-2
1
2
70' or less 4
7
7
7
MU -L-3
1
2
70' or less 4
7
7
7
MU -4
1
2
70' or less 4
7
7
7
MU=H
1
2
70' or less 4
7
7
7
PID
1
2
100-150' 4
100-150' 4
7
7
7
M-1
1
2
1 100-150'4 1
100-150' a 1
7
7
7
Footnotes:
1 Concealed attached WCF shall only be allowed on buildings that are a minimum of 40 feet in height, not to exceed 15 feet
above the roofline, and exclude public rights-of-way which are regulated by Part II of the City's Code of Ordinances.
Chapter 25.1 as amended. .
2 Non -concealed attached WCF are allowed only on t4ility poles and ffeestanding ligMs tW aFe mem than 40 feet in height
r -i& of way aad/ef: the utility eefap",) or- en w6sting ball park light poles that are more than 50 feet in height, excluding
in vublic rights-of-wav which are regulated by Part II of the Citv's Code of Ordinances. Chanter 25.1 as amended.. The
total length of any antenna shall not exceed 4-5 10 percent of the height of the existing utility eF light Pole.
3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a nonresidential
use (school, church, etc.). Maximum height is limited to 25 feet above the maximum building height of the zoning district.
4 A minimum separation of 750 feet is required between freestanding WCF. In industrial districts, except where prohibited
in a mixed-use pod with a residential component within a PID, the maximum height shall be limited to 100 feet if located
100239354.4 306-9001821}
11
less than 1,000 feet from a residential use, and 150 feet if located in excess of 1,000 feet from a residential use. In all
mixed-use districts height is limited to approved building height or 70 feet whichever is less.
Only when located on City -owned property of two (2) acres or more.
Restricted to a maximum height of 100 feet. A setback of three (3) times the height of WCF structure required from the
property line of an adjacent residential use.
Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public
hearing approval.
TABLE 3-31. Setbacks and Separation Between WCF
Zpning
District
Concealed
A�ta%hed
W4rF.
Non-
conoeaied :
Attached
MCF ..
t)np�aled
hc�ing
WAP - .
Non-
cor gsaled
Freestanding
�111CF
Modi#icationMiaEiet}
Antenna
1z j$tttig WCF Element .
:r 1te iacement
Co -
locatia
R-1
3,4
6
7
R-2
2
3,4
6
7
R-3
1
2
3,4
6
7
R-4
1
3 4
6
7
PUD
1
2
3,4
6
7
IPUD
1
2
3,4
6
7
MHPD
3,4
6
7
C-1
2
3,4
6
7
C-2
2
3,4
6
7
C-3
1
2
3,4
6
7
C-4
1
2
3,4
6
7
CBD
1
2
3,4
6
7
PCD
1
2
3.4
6
7
REC
1
2
3,4
4,5
6
7
PU
1
2
3,4
4,5
6
7
_.
SMU
1
2
3,4
6
7
MU -L-1
1
2
3,4
6
7
MU -L-2
1
2
3,4
6
7
MU -L-3
1
2
3,4
6
7
MU -4
1
2
3.4
6
Z
MUM
1
2
3.4
6
7
PID
1
2
3,4
4,5
6
7
M-1
1
2
3,4
4,5
6
7
Footnotes:
1 Concealed attached WCF shall be subject to the setbacks of the underlying zoning district. When located on a
nonconforming building or structure, then the existing nonconforming setback shall apply. Excludes location in public
rights-of-way which are regulated by Part II of the City's Code of Ordinances, Chapter 25.1 as amended. .
Non -
concealed attached WCF are allowed on t4ility pales and f eestanding lights within a ..,,1.1:., fight _„f_,, aye . ubjest to
agr-eefaepA with the ageney Feff0sepAafive with jufisdiefiea eveF the right of way an&ef the utility nQ vate
RroM or publicly -owned property excluding public rights-of-way which are regulated by Part II of the City's Code
of Ordinances, Chapter 25.1 as amended.
3 Concealed freestanding shall be set back one-half the height of the antenna support structure from all property lines,
however, in all instances the minimum setback from the property line or the boundary of a residential component within
a mixed-use pod, shall be at least one and one-half (1.5) times the height of the entire proposed WCF structure.
4 A minimum separation distance of 750 feet between proposed and existing freestanding WCF is required.
5 Nonconcealed freestanding WCF and their equipment compounds shall be subject to a minimum setback distance equal
to the height of the proposed antenna support structure. However, the minimum setback distance shall be at least two
106239354.4 306-9001821)
12
(2) times the height of the WCF structure from the property line of any adjacent residential use. In REC and PU districts,
the minimum setback distance shall be three (3) times the height of the WCF structure from the property line of any
adjacent residential use.
New WCF approved for nitigatie*modification of existing WCF shall be constructed on site within close proximity to
existing WCF at the same or greater setbacks than previously established. All proposed accessory equipment buildings
shall comply with established setbacks for existing WCF without increasing nonconformity.
Ground equipment to be located in conjunction with co -location shall comply with the setback requirements depending
on type of WCF, and zoning district in which it is located.
E. Submittal Requirements. A completed application and filing fee with all required documents as
specified on the application checklist, including but not limited to, signed and sealed site plans, antenna
support structure elevations, and landscape plans shall be submitted to the Planning and Zoning Division.
F. Approval Process.
1. Pre -application Meeting. Prior to any application submittal, the
WCF service provider is required to meet with the Director of Planning and Zoning or designee to
determine the type of approval process, and to review the merits of potential locations.
2. Administrative Approval. The approval of WCF subject to administrative review as identified
in Table 3-29 shall be processed as a minor site plan modification in accordance with Chapter 2, Article
II, Section 2.F.7.c. If the Director of Planning and Zoning or designee determines that the application
and documentation fail to meet the intent of this ordinance, the City may, in writing, deny the request.
Applicants who have been denied a request for a WCF may formally appeal such denial to the City
Commission in accordance with Chapter 1, Article VIII.
3. City Commission Approval. Approval of WCF subject to City Commission public hearing
review as identified in Table 3-29 shall be processed in accordance with Chapter 2, Article I, Section
4.
4. Review Criteria. The WCF shall comply with the regulations and requirements of this section.
Notwithstanding compliance with the aforementioned, for WCF applications requiring public hearings,
the City Commission shall also consider the following:
a. Height of the proposed WCF;
b. Nature of use(s) on adjacent and nearby properties;
c. Surrounding tree coverage and foliage;
d. Design of the WCF, particularly with respect to design attributes having the effect of reducing
or eliminating visual obtrusiveness; and
e. Proposed ingress and egress.
5. Conditions of Approval. In granting an approval, the City may impose conditions necessary to
minimize any adverse effect of the proposed WCF on adjoining properties.
G. Publicly -Owned Property.
(00239354.4 306.9001821)
13
1. Agreements. If an applicant requests a permit to locate a WCF on City-owned property widiin-a
City right of wa , the permit granted hereunder shall not become effective until the applicant and the
jurisdiction have executed a written agreement or lease in a form acceptable to the City Attorney setting
forth the particular terms and provisions under which the permit to occupy and use the public lands of
the jurisdiction will be granted, and releasing the City from all liability regarding WCF.
2. Occupancy or Use. No permit granted under this section shall convey any exclusive right,
privilege, permit, or franchise to occupy or use the publicly -owned sites of the jurisdiction for delivery
of telecommunications services or any other purpose.
a. No permit granted under this section shall convey any right, title or interest in the public lands,
but shall be deemed a permit only to use and occupy the public lands for the limited purposes and
term stated in the grant. Further, no permit shall be construed as a conveyance of a title interest in
the property.
H. Interference with Public Safety WCF. Whenever the City has encountered radio frequency
interference with its public safety communications equipment, and it believes that such interference has
been or is being caused by one or more WCF, the following steps shall be taken:
1. Notification. The City shall provide notification to all WCF service providers operating in the
jurisdiction of possible interference with the public safety communications equipment. Upon such
notification, the owners shall use their best efforts to cooperate and coordinate with the City and among
themselves to investigate and mitigate the interference if the WCF owner is operating outside of its
FCC frequencies.
2. Reimbursement. If any WCF owner is operating outside of its assigned FCC frequencies, or if
the FCC makes a determination that the WCF is operating outside of its frequencies and causing_ radio
frequency interference with the City public safety communications equipment, the owner who fails to
cooperate and/or the owner of the WCF which caused the interference due to operating outside of its
licensed frequencies shall be responsible, upon FCC determination of radio frequency interference, for
reimbursing the City for all costs associated with ascertaining and resolving the interference, including
but not limited to any engineering studies obtained by the jurisdiction to determine the source of the
interference.
I. Annual Registration and Certification. WCF owners shall file annually with the Director of
Planning & Zoning or designee a declaration as to the continuing operation (with active antennas) of their
facilities located within the City. Said declaration shall include a listing of all WCF users, names, and
mailing addresses, and any additional information deemed appropriate by the City.
1. Continued Structural Integrity. Within sixty (60) days following a catastrophic act of God or
other emergency that affects the structural integrity of the antenna support structure, as identified by
the City's Building Department, a certification of continued structural integrity (i.e., a statement that a
thorough and complete inspection of WCF was conducted and WCF and ancillary facilities are and
will continue to perform as originally designed), certified by a qualified and licenses professional
engineer, shall also be filed with the Director of Planning & Zoning or designee.
2. Failure to File. Failure to timely file either the annual declaration or the certification shall mean
that WCF is deemed to be abandoned, unused, or unsafe, thus subject to removal.
{00239354.4 306-9001821 }
14
J. Removal of Abandoned, Unused, or Unsafe WCF. The intent and purpose of this subsection is to
address the compelling public interest in ensuring that WCF are promptly disassembled, dismantled, and
removed once they are no longer used. There may be substantial risk that WCF may cease being used in
large numbers if there is a concentration or consolidation of competitors within the industry or if even newer
technologies arise, obviating the need for antenna support structures.
WCF that are abandoned or unused for a period of one hundred twenty (120) days shall be removed as
follows:
1. Notice of Abandonment. WCF owners shall submit a copy of the "Notice of Intent to Abandon"
required by the FCC to the Director of Planning and Zoning or designee, and remove its own
equipment, including but not limited to the antenna support structure, antennas, generators, and service
facilities or cabinets, within ninety (90) days of the cessation of use. WCF owners shall return the site
to its natural state, or consistent with the current use of the land at the time of removal; or
2. Notice of Different Provider. WCF owners shall notice the Director of Planning and Zoning or
designee that the provider's obligations for its equipment in the right-of-way or public easement or
private property under this section have been lawfully assumed by another provider who will make
actual use of the WCF within thirty (30) days; or
3. Proposal for Transfer to City. In the event of an abandonment of the WCF WCF owners may,
shall submit to the Director of Planning and Zoning 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:
a. Assume ownership of the equipment for a ten ($10.00) dollar nominal consideration to
provider; or
b. Require the provider, at provider's expense, to remove it; or
c. 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 required
maintenance bond .
K. Inspection. 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. Inspections shall be conducted by a
registered engineer. Based upon the results of an inspection, the Building Official may require repair or
removal of the WCF. Should the City have reason to believe WCF 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.
100239354.4 3069001821)
15
(00239354.4 306-9001821)
16