§ 14.13.6. Administratively approved uses.

(a)

General. The following provisions shall govern the issuance of administrative approvals for towers and antennas, including collocation applications.

(1)

The planning and redevelopment director may administratively approve the uses listed in this section.

(2)

Each applicant for administrative approval shall apply to the planning and redevelopment director providing the information set forth in section 14.13.7(b)(1) and section 14.13.7(b)(3) of section 14.13 and a nonrefundable fee as established by resolution of the city council to reimburse it for the costs of reviewing the application.

(3)

The planning and redevelopment director shall review the application for administrative approval and determine if the proposed use complies with section 14.13.4, section 14.13.7(b)(4) and 7(b)(5) of section 14.13.

(4)

The planning and redevelopment director shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the planning and redevelopment director fails to respond to the applicant within said 60 days, then the application shall be deemed to be approved.

(5)

In connection with any such administrative approval, the planning and redevelopment director may, in order to encourage shared use, administratively waive any zoning district setback requirements in section 14.13.7(b)(4) or separation distances between towers in section 14.13.7(b)(5) by up to 50 percent.

(6)

In connection with any such administrative approval, the planning and redevelopment director may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

(7)

If an administrative approval is denied, the applicant shall file an application for a conditional use permit pursuant to section 14.13.7 prior to filing any appeal that may be available under the Land Development Code.

(b)

List of administratively approved uses. The following uses may be approved by the planning and redevelopment director after conducting an administrative review:

(1)

Locating a tower, antenna or other wireless communications facilities and support facilities, in any industrial or heavy commercial zoning district.

(2)

Collocating antennas on existing structures or towers consistent with the terms of subsections (a), (b), and (c) below.

(a)

Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the planning and redevelopment director as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided:

(i)

The antenna does not extend more than 30 feet above the highest point of the structure;

(ii)

The antenna complies with all applicable FCC and FAA regulations; and

(iii)

The antenna complies with all applicable building codes.

(b)

Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the planning and redevelopment director and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

(i)

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the planning and redevelopment director allows reconstruction as a monopole.

(ii)

Height.

(a)

An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna.

(b)

The height change referred to in subsection (ii)(a) above may only occur one time per communication tower.

(c)

The additional height referred to in subsection (ii)(a) above shall not require an additional distance separation as set forth in section 14.13.7. The tower's pre-modification height shall be used to calculate such distance separations.

(iii)

On-site location.

(a)

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within 50 feet of its existing location.

(b)

After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

(c)

A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to section 14.13.7(b)(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of section 14.13.7(b)(5).

(d)

The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in section 14.13.7(b)(5) shall only be permitted when approved by the planning and redevelopment director.

(c)

Pursuant to F.S. § 365.172(a)1, any collocation of a new antennas on an existing tower or other WCSF, where such collocation does not increase the tower height or the ground space area approved in the tower site plan for equipment enclosures and ancillary facilities, and which consists of antennas, equipment enclosures and ancillary facilities that are of a design and configuration consistent with the regulations and conditions, if any, applied to the initial antennas and accompanying equipment placed on the tower or ground space around the tower, shall be subject only to a building permit review.

(3)

New towers in non-residential zoning districts. Locating any new tower in a non-residential zoning district other than industrial or heavy commercial, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the planning and redevelopment director concludes the tower is in conformity with the goals set forth in section 14.13.1 and the requirements of section 14.13.4; the tower meets the setback requirements in section 14.13.7(b)(4) and separation distances in section 14.13.7(b)(5); and the tower meets the following height and usage criteria:

(i)

For a single user, up to 90 feet in height;

(ii)

For two users, up to 120 feet in height; and

(iii)

For three or more users, up to 150 feet in height.

(4)

Locating any alternative tower structure in a zoning district other than industrial or heavy commercial that in the judgment of the planning and redevelopment director is in conformity with the goals set forth in section 14.13.1.

(5)

Installing small or microcell networks and facilities, as defined in F.S. section 337.401(7)(b), through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(c)

Collocation permit application review .

(1)

Pursuant to F.S. § 365.172(d)1-2, applications for collocation must be granted or denied no later than 45 business days after the application is determined to be properly submitted. Applications for any other type of wireless communication facility must be granted or denied no later than 90 business days after the application is determined to be properly submitted.

(2)

Pursuant to F.S. § 365.172(d)3, an application is deemed submitted on the date it is received by the city. If the city does not notify the applicant in writing that the application is not completed in compliance with this article within 20 business days after the application is submitted, it shall be deemed to be complete and properly submitted.

(3)

The city engineer shall render his or her decision in writing, either issuing a permit, a permit with conditions, or a denial. Any denial of an application shall set forth the factual and/or legal reasons supporting the decision.

(4)

Pursuant to F.S. § 365.172(d)3(b), if the city fails to grant or deny a properly completed application within the deadlines set forth in subdivision (1) above, it shall be deemed automatically approved.

(Ord. No. 2000-07, § 1, 5-2-00; Ord. No. 2018-04, § 3, 6-5-18)