§ 62-63. Wireless communication towers and antennas.

(a)

Purpose: The regulations and requirements set forth herein are intended to accomplish the following purposes:

(1)

Provide for the appropriate location and development of communication towers and antennas within municipal limits;

(2)

Minimize adverse visual effects of communication towers and antennas through careful design, siting, landscape screening and innovative techniques of camouflage; and

(3)

Encourage co-location or shared use to reduce the number of communication towers needed within the municipal limits.

(b)

Definitions:

(1)

Antenna as used herein shall mean a transmitting and/or receiving device used in telecommunications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communication signals, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations.

(2)

Communication tower as used herein shall mean a monopole, tunipole (folded pole), self-supporting/lattice tower or guyed tower, constructed as a freestanding structure, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication, excluding radar towers, amateur radio support structures and satellite earth stations.

(3)

Monopole tower as used herein shall mean a freestanding communication tower consisting of a single pole or spire supported by a permanent foundation, construction without anchored guy wires.

(4)

Lattice tower as used herein shall mean a self-supporting communication tower, other than a monopole tower, that is constructed without guy wires and ground anchors.

(5)

Guyed tower as used herein shall mean a communication tower that is supported, in whole or in part by guy wires and ground anchors.

(6)

Whip antenna as used herein shall mean a cylindrical antenna that transmits signals in 360 degrees.

(7)

Microwave dish antenna as used herein shall mean a dish-like antenna used to link communication sites together by wireless transmission of voice or data.

(c)

Where permitted.

(1)

Antennas. Rooftop or building-mounted antennas may be permitted in the following land use classified areas not to exceed more than 15 feet above the highest point of the roof, including mechanical rooms.

a.

Industrial.

b.

Major institutions, excluding places of worship and fraternal organizations.

c.

Recreation/open space.

d.

Governmental use.

e.

High density residential, only on buildings which are at least six stories in height.

f.

Commercial, excluding OPS and B-1 zoning districts.

(2)

Communication towers. Communication towers may be permitted in the following land use classified areas:

a.

Industrial.

b.

Major institutions, excluding places of worship, fraternal organizations and schools.

c.

Recreation/open space owned by the town; provided, however, that the town shall authorize the use and development of the property after the applicant executes a lease agreement acceptable to the town. The town shall have no obligation whatsoever to execute such lease even if the applicant satisfies the criteria set forth herein.

d.

Commercial-recreation.

e.

Governmental use.

(d)

Antennas.

(1)

Minimum standards. All building-mounted or rooftop antennas shall be subject to the following minimum standards:

a.

Antennas, and related equipment buildings shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which it is situated.

b.

No commercial advertising or logo shall be allowed on an antenna or tower.

c.

No signals, light, or illumination shall be permitted on an antenna or tower, unless required by the Federal Communications Commission or the Federal Aviation Administration.

(2)

Dimensions.

a.

Whip (omni-directional) antennas and their supports must not exceed 15 feet in height and three inches in diameter and must be constructed of a material or color which matches the exterior of the building.

b.

Microwave dish antennas located below 65 feet above the ground may not exceed six feet in diameter. Microwave dish antennas located 65 feet and higher above the ground may not exceed eight feet in diameter. Ground-mounted dish antennas must be located or screened so as not to be visible from abutting public streets.

(3)

Limitations. No more than four dish antennas shall be installed on a monopole tower.

(e)

Communication towers.

(1)

Minimum standards. Communication towers shall be subject to the following minimum standards:

a.

Height. The height of a communication tower shall not exceed 150 feet. Tower height shall be measured from the crown of the road of the nearest public street.

b.

Type. All communication towers shall be designed and constructed with the capability of supporting a minimum of two co-location connections.

c.

Aircraft hazard. Communication towers or antennas shall be approved by the Federal Aviation Administration (FAA), Dade County Aviation Authority or other appropriate agency prior to issuance of a building permit by the town.

d.

FCC emissions standards. All proposed communication towers shall comply with current radio frequency emissions standards of the Federal Communications Commission.

e.

Landscaping. All communication tower sites must comply with the landscaping requirements of the Metropolitan Dade County Landscaping Code and Manuals, as amended.

1.

Landscaping, consistent with the requirements of the Metropolitan Dade County Landscaping Code and Manuals, as amended, shall be installed around the entire perimeter of the fence or wall. Additional landscaping may be required around the perimeter of the fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent properties. The Building Official, upon site plan review, may require landscaping in excess of the above requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses. Landscaping shall be installed on the outside perimeter wall.

2.

Landscaping, consistent with the requirements of the Metropolitan Dade County Landscaping Code and Manuals, as amended, shall be installed around any accessory buildings or structures.

3.

A row of shade trees, at least eight feet in height, at a maximum distance of ten feet apart, shall be planted around the perimeter of the fence.

4.

A continuous hedge at least 30 inches in height at planting and capable of growing to a height of 36 inches within 18 months shall be planted on the outside of the perimeter fence and tree line.

5.

All landscaping shall be properly maintained to insure good health of the trees and hedges and viability.

f.

Warning signs for high voltage and trespassing.

1.

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

2.

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

3.

The height of the lettering of the warning signs shall be at least 12 inches in height. The warning signs shall be installed at least five feet above the finished grade. The color of the lettering shall be Red on a White background.

4.

The warning signs may be attached to freestanding poles if the content of the signs may be obstructed by landscaping.

g.

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

(2)

Minimum setbacks. The minimum setbacks shall conform to the zoning districts where the towers are situated. Notwithstanding the above, the minimum setback requirements for property zoned industrial shall be 25 feet for the rear yard and front yard and 15 feet for the side yards, as measured from base of the tower or from the guy wire anchor, whichever is the closest to the property line or right-of-way.

(3)

Minimum distance separations.

a.

All communication towers shall be located no closer than 300 percent of the height of the tower from residential areas or districts, as measured on a straight line from the two closest points between the nearest residential zoning district line and the nearest point of the proposed tower structure.

b.

The minimum distance separation between an existing tower and a proposed tower shall be as follows:

Height of Existing Tower	Height of Proposed Tower	Minimum Separation
Up to 150 feet	Less than 50 feet	450 feet
Up to 150 feet	50 feet to 100 feet	1,000 feet
Up to 150 feet	100 feet to 150 feet	1,500 feet

 

(4)

Shared use of communication antennas. To minimize adverse visual impacts associated with the proliferation and clustering of communication towers, the town may deny an application for a new single-use communication tower if an available co-location is feasible.

(f)

Unmanned communication buildings.

(1)

Minimum setbacks. Unmanned communication buildings shall comply with the setback requirements of the zoning district where such buildings are situated.

(2)

Size limitations. An unmanned communication building shall be a permanent structure not to exceed 500 square feet in floor area. More than one unmanned communication building may be permitted on a site; provided, however, that the total square footage of such buildings, added together, do not exceed 1,000 square feet. If the site contains more than one building, the required distance separation between the buildings may be excused by permission of the Medley Town Council.

(g)

Permits. Permits shall be required for the installation of communication towers by application submitted to the Building and Zoning Department.

(1)

Permit applications. A building permit fee application shall be fully completed and accompanied by the following:

a.

Current survey of the property.

b.

Description of the telecommunications services currently provided and that will be provided in the future by the applicant over its telecommunications facilities.

c.

Two copies of the engineering plans and specifications of the facilities in sufficient detail to identify:

1.

Location of the proposed facilities.

2.

Location of all overhead and underground public utility, telecommunication, cable, water, sewer, drainage and other facilities.

3.

Trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.

d.

Written approval or a statement of no objection from federal and state agencies that may regulate telecommunication tower siting, design and construction.

e.

A site/landscaping plan showing the specific placement of the communication tower on the site indicating the location of existing structures, trees and other significant site features, type and location of landscaping used to screen the tower and the proposed color of the tower.

f.

Statement that applicant shall notify all other telecommunication providers of the permit application at the time application is accepted by the Building and Zoning Department.

(2)

Installation.

a.

The installation and modification of a communication tower and communication antenna shall be in accordance with the manufacturer's prescribed installation and safety procedures and shall meet the requirements of the Florida Building Code, as amended.

b.

Foundations for communication towers and appurtenances thereto shall be constructed and installed so as to withstand the forces due to wind pressure as provided in the Florida Building Code, as amended.

c.

All such installation(s) shall conform to the Florida Building Code, as amended, National Electrical Code, as amended, and F.C.C. regulations, as amended.

d.

Regardless of whether a permit is required for the installation of the communication tower, separate building permits for structural or electrical work, pouring concrete or other work may be required as provided in the Florida Building Code, as amended.

(3)

Inspection. The Building and Zoning Department shall require periodic inspections of communication towers to ensure structural and electrical integrity and compliance with the Florida Building Code, as amended, the Town of Medley Code, as amended, and other applicable codes and regulations. Communication towers shall be inspected once every five years by a Florida licensed engineer and the results submitted to the Building and Zoning Department. Based upon the results of the inspection, the Building Official may require repair or removal of a communication tower. The results of the inspection shall be in a written report, addressed to the Chief Building Official, Town of Medley Town Hall and shall be accompanied by a fee of $150.00 payable to the Town of Medley to cover the cost(s) to review and respond to the engineer's report.

(4)

Approval. Permits shall be reviewed by the Building and Zoning Department. The permit shall be approved by the Building Official in accordance with the regulations and restrictions contained herein or in any other code, regulation or ordinance of the Town of Medley.

(5)

Appeal.

a.

If a permit is denied by the Building Official for noncompliance with the zoning regulations provided herein or the Code of the Town of Medley, then the applicant may appeal the decision to the Medley Town Council which shall then consider the permit application at a public meeting to uphold or overrule the denial of the permit. The Town Council shall make the final decision, by resolution.

b.

If a permit is denied, or conditions imposed, then the Town Council shall consider the action taken upon review of the following factors:

1.

The technical and practical necessity for the installation of the communication tower.

2.

Alternative measures or modifications that could be made to preserve the character of the neighborhood and to prevent aesthetic blight if installation were permitted.

c.

If a permit is denied by the Building Official for other than noncompliance with zoning regulations, excluding Florida Building Code, then the applicant may appeal the decision directly to the City Council, which shall make the final decision, by resolution.

(h)

Municipal property.

(1)

If an applicant requests a permit to develop a site on town-owned property, the permit granted hereunder shall not become effective until the applicant and the town have executed a written agreement or lease setting forth the particular terms and provisions under which the permit to occupy and use the public lands of the town will be granted.

(2)

Nonexclusive grant. No permit granted under this subsection (h) shall convey any exclusive right, privilege, permit or franchise to occupy or use the public lands of the Town for delivery of telecommunications services or any other purpose.

(3)

Rights granted. 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.

(4)

Exemption. Government-owned property is exempt from the minimum distance separation and height requirements set forth herein.

(i)

Variances. Any deviation of the location, setback, type, number and height limitations shall require a zoning variance approved by the Medley Town Council.

(Ord. No. C-275, § 1, 4-7-97; Ord. No. C-407, § 2, 10-5-2015)