§ 158.213. Wireless Communication Antennas and Towers.

Wireless communication antennas and towers shall comply with all applicable structural and safety standards of the Federal Communications Commission (FCC), Edison Electrical Institute (EEI) and/or Electronic Industries Association (EIA), and Federal Aviation Authority (FAA). Commercial wireless communication antennas and towers are considered structures and shall be installed in accordance with all applicable provisions of the building code, plus all conditions of this section.

(A)

Monopole Towers. Monopole towers are single upright poles, engineered to be self-supporting and do not require lateral cross supports or guys.

(B)

Guyed Towers and Antennas. Guyed towers and antennas shall be set back from all property lines a minimum distance of the break points as verified by a certified engineer on the site plan or a distance equal to one-half its height to allow for proper guying and maintenance. All tower supports and peripheral anchors shall be located entirely within the boundary of the property.

(C)

Self-Supporting Towers and Antennas. Self-supporting towers and antennas shall meet the setback requirements of the applicable zoning district.

(D)

Special Exception Use. Wireless communication antennas and towers shall be considered a special exception use in the following zoning districts and shall meet all requirements of sections 158.255 through 158.262:

(1)

GU (General Use);

(2)

OSR (Open Space Recreational);

(3)

OSC (Open Space Conservation);

(4)

I (Institutional);

(5)

CS (Service Commercial);

(6)

WI (Warehouse Industrial);

(7)

IN (Industrial);

(8)

U (Utility);

(9)

Neighborhood Village/Commercial, Town Center, Resort, Employment Center, Mixed Use and designated park or school sites within Residential land use sub-categories in MPUD's (Master Planned Unit Development) in NCD (New Community Development District) future land use areas.

(E)

Wind Load. Certification from a Florida-registered professional engineer stating that the tower would collapse within the designed and specified fall radius depicted in the plans is required. Further, the engineer shall certify that it is documented that the tower shown in the plan can withstand winds of a Category 3 hurricane intensity.

(F)

Height Limits.

(1)

Wireless communication towers:

(a)

Located in CS, WI, IN, GU, and U zoning districts; Mixed Use, and Employment Center Sub-Districts in MPUD's in NCD future land use areas: up to three hundred (300) feet.

(b)

Located in OSR, OSC, and I zoning districts, and Town Center Sub-District in MPUD's in NCD future land use areas, and greater than five (5) acres: up to two hundred (200) feet.

(c)

Located in OSR, and OSC zoning districts; and Neighborhood Village/Commercial Areas, and Resort, Sub-Districts in MPUD's in NCD future land use areas, and less than five acres: up to one hundred (100) feet.

(d)

Not permitted in residential land use areas.

(2)

A waiver to these height limits can be requested as a part of the special exception review. The applicant must provide documentation as to why the height limits are inappropriate to the proposed site.

(G)

Co-Location. To discourage the proliferation of communication towers, shared use of tower structures is both permitted and encouraged. As part of special exception applications, applicants shall be required to verify that they have attempted to co-locate any proposed antenna on an existing tower within the proposed service area prior to approval of new towers. Applicants shall also provide evidence that they have mailed a "notice of intent" letter to all known telecommunication providers within the city to determine if any providers can co-locate on the proposed tower.

(H)

Fencing. A chain-link fence, with or without barbed wire, or solid wood or masonry wall at least six (6) feet in height, shall be constructed and maintained around the perimeter of the tower and associated structures and equipment. Access shall be through a locked gate.

(I)

Landscaping. Landscaping for sites either in or adjacent to residential land use areas shall be as follows: a row of trees a minimum of eight (8) feet tall set twenty (20) feet apart shall be planted around the outside perimeter of the fence, plus a hedge a minimum of three (3) feet in height and spaced three (3) feet apart shall be planted on the outside of the fence and tree row. Plantings shall be from the approved list in the landscaping code. Landscaping for sites in commercial and industrial areas shall follow the city's landscaping code for those land uses.

(J)

Signs. No advertising signage of any type is permitted on a wireless communication antenna, tower, or equipment storage area. Safety and cautionary signs shall be attached to the fence or structure for those facilities using more than 220 voltage. The following signage shall be in large bold letters: "HIGH VOLTAGE - DANGER".

(K)

Lighting. For the placement and use of any lights on such towers or antennas, the applicant shall submit a lighting plan which includes methods for shielding adjacent properties from glare.

(L)

Site Plan Review. All proposals for towers are required to follow the site plan review regulations set forth under sections 158.235 through 158.245. Site plan reviews are to be processed as a part of the special exception application.

(M)

Obsolete and Unused Towers.

(1)

Any obsolete or unused tower shall be removed after twelve (12) months of non-use. A removal bond or irrevocable letter of credit equal to the following shall be required prior to obtaining final site development permits:

(a)

Towers up to (150) feet in height: Fifteen thousand dollars ($15,000.00).

(b)

Towers one hundred fifty-one (151) to two hundred (200) feet in height: twenty thousand dollars ($20,000.00).

(c)

Towers two hundred one (201) to three hundred (300) feet in height: twenty-five thousand dollars ($25,000.00).

(d)

Towers three hundred (300) feet and above: Thirty thousand dollars ($30,000.00).

(2)

Tower height shall be measured from the base of the structure.

(N)

Separation.

(1)

Separation distance guidelines between towers shall be as follows:

(a)

Towers less than one hundred (100) feet in height shall locate a minimum of one thousand (1,000) feet apart;

(b)

Towers greater than one hundred (100) feet in height shall locate a minimum of one thousand five hundred (1,500.00) feet apart;

(c)

Guyed and self-supporting towers shall locate at least two thousand (2,000) feet away from other guyed or self-supporting towers.

(2)

Applicants shall provide documentation of the distance of the nearest tower to the proposed site as part of the application.

(3)

No separation is required for towers located in CS (Service Commercial), WI (Warehouse Industrial), LI (Light Industrial), and HI (Heavy Industrial) zoning districts.

(4)

A waiver to separation distance requirements may be considered as a part of the application, provided that the applicant can sufficiently justify why such separation is not appropriate.

(O)

Interference (Bleed Over).

(1)

As a condition of approval, any proposed tower or antennae shall not cause interference with the use of radio, television, or telephone broadcasting and reception.

(2)

Interference as a result of any approved tower or antennae shall be considered a violation of the special exception approving the tower and may result in the revocation of the special exception. Such interference may further be considered a public nuisance, and the city may order abatement of the same, including but not limited to requiring removal of the tower.

(P)

Lease Agreements. For city-owned property, a lease agreement shall be included as a part of the special exception application.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 09-28, § 1, 3-9-09; Ord. No. 12-39, § 1(Exh. A), 8-13-12)