§ 78-156. General provisions.

(a)

General regulations. The standards listed in this article apply specifically to all antennas, towers and telecommunications facilities, except those owned by the city, located on property owned, leased, or otherwise controlled and approved by the city or located on private property as specified herein.

(b)

Local, state or federal requirements. The construction, maintenance and repair of telecommunications facilities are subject to the supervision of the city to the full extent permitted by applicable law, and shall be performed in compliance with all laws, ordinances and practices affecting such facility including, but not limited to, zoning codes, building codes, and safety codes, and as provided herein. The construction, maintenance, and repair shall be performed in a manner consistent with applicable industry standards, including the Electronic Industries Association. All telecommunication towers and antennas must meet current standards and regulations of the FAA, the FCC, including emissions standards, and any other agency of the local, state or federal government with the authority to regulate towers and antennas. If such applicable standards and regulations are revised and require that existing facilities adhere to such revised standards, then the owners of telecommunications towers and antennas within the city shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling organization, state or federal agency. Failure to comply with applicable standards and regulations shall constitute grounds for the removal of the telecommunications tower or antenna at the owner's expense.

(c)

City approval required. Unless otherwise authorized by state or federal law, no person shall construct, install or maintain a telecommunications facility within the city without the city's approval pursuant to this article. The city shall review and respond to an application within the time dictated by the nature and scope of the individual application, subject to the generally applicable time frames and consistent with the intent of the Telecommunications Act and Florida law.

(d)

Consistency with Comprehensive Plan. The city shall review the application for consistency with the city's Comprehensive Plan, the city's zoning code, this article, and compatibility of the proposed telecommunications facility with the surrounding neighborhood.

(e)

Site plan review required; exception. All new towers, antennas and other telecommunications facilities shall require site plan review. All new towers and antennas and repairs or modifications to existing telecommunications facilities in the city shall also be subject to the regulations in this article to the full extent permitted under applicable state and federal law. Telecommunications facilities owned by the city shall not be subject to this article, except as specifically referred to herein.

(f)

Permit issuance. Upon receipt of a complete application, as determined by either the chief building official or zoning official, a co-location permit shall be issued within 45 days, as may be amended by state or federal law.

Upon receipt of a complete application, as determined by either the chief building official or zoning official, a new tower, antenna or other telecommunications facility permit shall be issued within 90 days, as may be amended by state or federal law.

(g)

Fee required. Each application shall be accompanied by a nonrefundable processing fee as referenced in Chapter 58 of the Code. Failure to comply with the filing fee requirements shall cause the application to be deemed withdrawn or any approvals previously issued to be revoked.

(h)

Licenses. Owners and/or operators of towers or antennas shall certify that all local business tax receipts required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required local business tax receipts with the city.

(i)

Pre-existing towers or pending applications. This article shall not apply to pre-existing telecommunications towers or applications that have received preliminary approval from the technical review committee which shall be considered vested. Those applications with preliminary approval shall comply with the prior code requirements. All applications not yet vested shall comply with the new code requirements set out in this article.

(j)

Broadcasting facilities/amateur radio station operators/receive only antennas. This article shall not govern any broadcasting facility, telecommunications facilities owned and operated by a federally-licensed amateur radio station operator, or receive only antennas. Antennas, as governed under this article, shall not include any traditional residential television antennas, satellite earth stations or microwave antennas, which are covered separately in this chapter.

(k)

Nonessential services. The providing of personal wireless services and the siting and construction of telecommunications facilities shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services or city telecommunications as defined herein.

(l)

Responsibilities of chief zoning official. Except for matters herein specifically reserved to the city council, the chief zoning official shall be the principal city official responsible for the administration of this article. The chief zoning official may delegate any or all of the duties hereunder unless prohibited by applicable law.

(m)

Inventory of existing sites. Each applicant shall provide the city with an inventory of its pre-existing telecommunications towers and antennas within the city, and the pre-existing sites of other service providers' telecommunications towers within a one-mile radius of the proposed site regardless of city boundaries.

(n)

Co-location. It is the intent of the city to encourage co-location of antennas by more than one service provider on pre-existing telecommunications towers and structures. Except as provided herein, all towers shall have the capacity to permit multiple users. At a minimum, monopole towers shall be able to accommodate two wireless service providers and, at a minimum, lattice or guyed towers shall be able to accommodate three wireless service providers. The city may deny an application for a new single-use communication tower if co-location is feasible.

(o)

Exclusions for residential districts; exception. Pursuant to state law, as may be amended, the city may exclude the placement of wireless communications facilities in a residential area or residential zoning district only when it does not constitute an actual or effective prohibition of the provider's service to that residential area or residential zoning district.

(p)

Signs. No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, whether or not posted temporarily, shall be allowed on any part of an antenna, telecommunications facility, or telecommunications tower unless required by applicable law or permit.

(q)

Warning signs. Notwithstanding any contrary provisions of the city's Code, the following shall be utilized in connection with any telecommunications facility, tower or antenna site, as applicable:

(1)

If high voltage is necessary for the operation of the telecommunications tower or any accessory structures, "HIGH VOLTAGE—DANGER" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than 40 feet apart and at a minimum one sign per side of the enclosure.

(2)

"NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and spaced no more than 40 feet apart and at a minimum one sign per side of the enclosure.

(3)

The height of the lettering of the warning signs shall be at least 12 inches and be consistent with any federal or state law. Said signs shall be installed at least five feet above the finished grade.

(4)

The warning signs may be attached to freestanding poles. Said poles shall be obstructed by landscaping.

(r)

Abandonment of telecommunications facility. Any antenna, equipment facility, or telecommunications tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna, equipment facility, or telecommunications tower shall remove the same within 90 days of receipt of notice from the city. Failure to remove an abandoned antenna, equipment facility, or telecommunications tower within the 90 days shall be grounds for the city to remove the telecommunications tower, equipment facility or antenna at the owner's expense. If there are two or more users of a single telecommunications tower or telecommunications facility, then this provision shall not become effective until all users cease using the telecommunications tower or telecommunications facility.

(Ord. of 9-25-06; Ord. No. 2008-06, § 3, 9-16-09)