§ 835-40. General requirements.

Every new telecommunication tower and antenna, and modifications to existing towers and antennas, shall be subject to the following minimum standards:

(A)

Towers and antennas may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of a tower or antenna on the same lot.

(B)

The city may require, as a condition of entering into a lease agreement with a telecommunication provider, the dedication of space on the facility for public health and safety purposes, as well as property improvement on the leased space. Any dedications and improvements shall be negotiated prior to execution of the lease.

(C)

For purposes of determining whether the installation of a tower or antenna complies with district development regulations, the dimensions of the entire lot shall control, even though the towers or antennas are proposed to be located on leased parcels within such lot.

(D)

Each application for a tower or antenna shall include a review of the city's inventory of existing towers, antennas and approved sites. All requests for locations other than a site on the inventory shall include specific information about the alternative location, height and design of the proposed tower or antenna, and an explanation regarding why the inventory sites are not appropriate. The information is a public record. The city may share the information with other applicants. The city does not warrant or represent that the information is accurate, or that sites on the inventory are available or suitable.

(E)

All applicants for new towers and antennas, or for towers and antennas which are to be modified or reconstructed to accommodate additional antennas, or for which a variance is required, must present a certified report by a professional engineer licensed to practice in the State of Florida, which shall include the following:

(1)

A site development plan which includes, without limitation, a photo digitization of the tower with all attachments.

(2)

An analysis of the impacts on adjacent property sites.

(3)

Specifics of design.

(4)

A narrative discussing the type of tower or antenna, current wind loading capacity and a projection of wind loading capacity using different types of antennas as models.

(5)

A statement of noninterference, which states that the construction and operation of the tower, including reception and transmission functions, will not interfere with public safety communication, or with the visual and customary transmission or reception of radio, television, or similar services, as well as other wireless services enjoyed by adjacent properties.

(6)

If the applicant proposes to not use a facility or site on the city's inventory, an explanation of the technological reasons why the use of the facility or site is unfeasible.

(F)

Towers and antennas shall meet the following appearance requirements:

(1)

Towers shall either maintain a galvanized steel finish or, if allowed by FAA standards, shall be painted a neutral color to reduce visual obtrusiveness.

(2)

The design of accessory buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize visual impact.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a color that is neutral, identical to, or compatible with the color of the supporting structure, as determined by the city, to make the antenna and related equipment as visually unobtrusive as possible.

(G)

No signals, artificial lights or illumination shall be permitted on any tower or antenna unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. To the maximum extent possible, lighting shall be oriented away from residential districts.

(H)

The construction, operation, maintenance and repair of towers and antennas are subject to the regulatory supervision of the city, and shall be performed in compliance with all laws and practices affecting the subject, including, but not limited to, this Land Development Code, the building code and safety codes. The construction, operation and repair shall be performed in a manner consistent with high applicable industry standards. All towers and antennas must meet or exceed current standards and regulations of the FAA and the FCC, including emission standards. They must meet the requirements of all federal, state and local government agencies with the authority to regulate towers and antennas prior to issuance of a building permit by the city. If the standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring the facilities into compliance with the revised standards and regulations within six (6) months of their effective date, unless the facilities are grandfathered under the applicable regulation. The compliance date may be waived by the city manager if a different compliance schedule is mandated by the controlling federal, state and local agency. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for removal of the tower or antenna at the owner's expense.

(I)

The owner shall additionally maintain a tower in compliance with the applicable standards for towers that are published by the Electronics Industries Association.

(J)

The tower must comply with all applicable requirements in the building code and industry construction standards. If, upon inspection, the city concludes that a tower fails to comply with the building code and industry construction standards, and constitutes a danger to persons or property, then upon notice, the owner of the tower shall have thirty (30) days to bring the tower into compliance. Failure to bring the tower into compliance within thirty (30) days from receipt of notice shall constitute grounds for removal of the tower or antenna at the owner's expense.

(K)

To ensure the structural integrity of towers, a statement shall be submitted, prepared by a professional registered engineer licensed to practice in the State of Florida, which, through engineering analysis, certifies the tower complies with all applicable building requirements in applicable building codes and with applicable industry construction standards. The statement shall describe the tower's capacity, including the number and types of antennas it can accommodate. For all towers and antennas attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the tower or antenna. All new towers shall have the capacity to accept 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 three (3) users.

(L)

Telecommunication towers shall comply with current radio frequency emissions standards of the FCC.

(M)

Accessory buildings or structures shall meet all building design standards as listed in the Code, and shall be constructed in accordance with the provisions of the building code. All accessory buildings or structures shall require a building permit issued by the building division.

(N)

Mobile or immobile equipment not used in direct support of a tower or an antenna facility shall not be stored or parked on the site of the telecommunication tower, unless repairs to the tower are being made.

(O)

For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal boundary lines.

(P)

Towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities or private utilities.

(Q)

Owners or operators of towers or antennas shall certify that all franchises required by law for the construction or operation of a wireless telecommunication system in the city have been obtained and shall file a copy of all such franchises with the city.

(R)

No signs, including commercial advertising or logo and political signs, flyers, flags or banners shall be allowed on any part of a tower or antenna.

(S)

All towers shall meet the following buffering requirements:

(1)

An eight-foot fence or wall constructed in accordance with article 235, "Walls, fences and hedges", as measured from the finished grade of the site, shall be required around the base of any tower and may be required around any accessory building or structures.

(2)

Landscaping, consistent with the requirements of article 275, shall be installed 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 properties. The city may require landscaping in excess of the requirements of the city code in order to enhance compatibility with adjacent residential and nonresidential land uses. Landscaping shall be installed on the outside of the perimeter fence or wall.

(3)

Landscaping consistent with perimeter and on-site requirements in article 275 shall be installed around any accessory buildings or structures.

(T)

"High voltage" and "No Trespassing" warning signs shall be provided as follows:

(1)

If high voltage is necessary for the operation of the telecommunication tower or any accessory structures, "HIGH VOLTAGE—DANGER" warning signs shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart.

(2)

"NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart.

(3)

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.

(4)

The warning signs may be attached to freestanding poles if the content of the signs is not obstructed by landscaping.

(U)

All abandoned or unused telecommunication tower facilities shall be removed by the tower owner or operator within ninety (90) days of the cessation of use. A tower shall be considered abandoned if use has been discontinued for one hundred eighty (180) consecutive days. The city may require reasonable security to secure compliance with the requirements of this paragraph. Telecommunication towers being utilized for other purposes, including but not limited to light standards and power poles, may be exempt from this provision.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)