98-05 ORDINANCE NO.98-05
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY CODE OF ORDINANCES BY
ADDING A NEW CHAPTER, ENTITLED "WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS";
PROVIDING PURPOSE; PROVIDING DEFINITIONS;
PROVIDING APPLICABILITY; PROVIDING GENERAL
REQUIREMENTS AND MINIMUM STANDARDS;
PROVIDING PERMITTED USES ON PUBLIC PROPERTY;
PROVIDING PERMITTED USES ON PRIVATE
PROPERTY; PROVIDING SPECIAL EXCEPTION USE;
PROVIDING EQUIPMENT STORAGE; PROVIDING
REMOVAL OF ABANDONED ANTENNAS AND TOWERS;
PROVIDING NONCONFORMING USES; PROVIDING
PROTECTION FOR RESIDENTS; PROVIDING
PENALTIES; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, the Congress of the United States adopted the Telecommunications
Act of 1996, providing federal regulation of wireless telecommunications, a technology
of wireless voice, video and data communications systems rapidly becoming available,
requiring land use facilities that impact planning and zoning concerns in the City of
Aventura ("City") and throughout the United States; and
WHEREAS, the City finds that it is in the public interest to permit the siting of
wireless telecommunications towers and antennas within its municipal boundaries, and
WHEREAS, the City has received and expects to receive additional requests
from telecommunications service providers to site wireless telecommunications towers
and antennas within the municipal boundaries and is authorized by federal, state and
local law to regulate the siting of such telecommunications towers and antennas; and
Ordinance No. 98-05
Page 2
WHEREAS, it is the intent of the City to provide reasonable accommodation to,
and to promote and encourage fair and reasonable competition among
telecommunications service providers or providers of functionally equivalent services
on a neutral and non-discriminatory basis; and
WHEREAS, the purpose and intent of this Ordinance is to establish appropriate
locations in priority order of use, and, further, to develop the requirements and
standards to permit the siting of wireless telecommunications towers and antennas
within the municipal boundaries, with due consideration to the City's master plan,
zoning map, existing land uses and environmentally sensitive areas, including
hurricane preparedness areas, and
WHEREAS, through these regulated standards, it is the intent of the City to
protect and promote the health, safety and general welfare of its citizens and residents,
the traveling public and others in such manner that will minimize both the number of
telecommunications towers and antennas and the adverse visual impact and other
potential damage by these facilities by encouraging co-location and shared use of new
and pre-existing telecommunications facilities, through incentives, careful design,
engineering siting, landscape screening and innovative camouflaging techniques; and
WHEREAS, in accordance with Ordinance 96-27 of the City of Aventura, the City
Council has been designated as the local planning agency for the City pursuant to
Section 163.3174, Florida Statutes; and
WHEREAS, the City Council has reviewed the regulations set forth in this
Ordinance and has determined that such regulations are consistent with the applicable
Ordinance No. 98-05
Page 3
provisions of the Comprehensive Plan of Miami-Dade County as made applicable to the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA THAT:
Section 1. Title. This Ordinance shall be entitled "WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS Ordinance," and shall be an
amendment to the City's Code of Ordinances.
Section 2. Purpose. The regulations and requirements establish general
guidelines for the siting of wireless telecommunications towers and antennas and are
intended to accomplish the following purposes:
(a) protect and promote the public health, safety and general welfare of the residents of
the City;
(b) minimize residential areas and land uses from potential adverse impacts of towers
and antennas;
(c) encourage the location of towers in non-residential areas and to locate them, to the
extent possible, in areas where the adverse impact on the community is minimal;
(d) minimize the total number of towers throughout the community by strongly
encouraging the co-location of antennas on new and pre-existing tower sites as a
primary option rather than construction of additional single-use telecommunications
towers;
(e) encourage users of telecommunications towers and antennas to configure them in a
way that minimizes the adverse visual impact of the telecommunications towers and
Ordinance No. 98-05
Page 4
antennas through careful design, siting, landscape screening, and innovative
camouflaging techniques;
(f) minimize potential damage to property from telecommunications towers and
telecommunications facilities by requiring such structures be soundly designed,
constructed, modified and maintained; and
(g) enhance the ability of the providers of telecommunications services to provide such
services to the community through an efficient and timely application process. In
furtherance of these goals, the City shall at all times give due consideration to the
City's master plan, comprehensive plan, zoning map, existing land uses, and
environmentally sensitive areas, including hurricane preparedness areas, in
approving sites for the location of telecommunications towers and antennas.
Section 3. Definitions. As used in this Ordinance, the following terms shall
have the meanings set forth below, and shall control over any other definitions
contained in the City's Code of Ordinances:
A. "Accessory Use" means a secondary use including a use that is related
to, incidental to, subordinate to and subservient to the main use of the property on
which an antenna and/or telecommunications tower is sited.
B. "Alternative Tower Structure" means a design mounting structure that
camouflages or conceals the presence of an antenna or telecommunications tower.
For example, man made trees, clock towers, bell steeples, light poles, utility poles and
similar alternative designs. An antenna mounted on a utility pole shall be subject to all
requirements as stated in this Ordinance.
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C. "Antenna" means a transmitting and/or receiving device mounted on a
telecommunications tower, building or structure and used in telecommunications
[personal wireless] services that radiates or captures electromagnetic waves, digital
signals, analog signals, radio frequencies, wireless communications signals and other
communications 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.
D. "Backhaul Network" means the lines that connect a provider's
telecommunications towers/cell sites to one or more cellular telephone switching
offices, and/or long distance providers, or the public switched telephone network.
E. "Broadcasting Facility" means any telecommunications tower built
primarily for the purpose of broadcasting AM, FM or television signals.
F. "Essential Service" means those services provided by the City and other
governmental entities that directly relate to the health and safety of its residents,
including fire, police and rescue.
G. "Extraordinary Conditions" means subsequent to a hurricane, flood, or
other
natural hazard or subsequent to a defective finding on a previous inspection.
H. "FAA" means the Federal Aviation Administration.
I. "Fair Market Value" means the price at which a willing seller, or
telecommunications tower owner, and willing buyer, or service provider seeking to rent
space on owner's telecommunications tower, will trade.
J. "FCC" means the Federal Communications Commission.
Ordinance No. 98-05
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K. "Guyed Tower" means a telecommunications tower that is supported, in
whole or in part, by guy wires and ground anchors.
L. "Height" when referring to a telecommunications tower or other related
structure, means the vertical distance measured from the finished grade of the parcel to
the highest point on the telecommunications tower or other related structure, including
the base pad and any antenna.
M. "Microwave Dish Antenna" means a dish-like antenna used to link
telecommunications [personal wireless service] sites together by wireless transmission
and/or receipt of voice or data.
N. "Monopole Tower" means a telecommunications tower consisting of a
single pole or spire self-supported on a permanent foundation, constructed without guy
wires, ground anchors, or other supports.
O. "Lattice Tower" means a telecommunications tower that is constructed
to be self-supporting by lattice type supports and without the use of guy wires or other
supports.
P. "Pre-Existing Towers and Pre-Existing Antennas" means any
telecommunications tower or antenna for which a building permit or special use permit
has been properly issued prior to the effective date of this Ordinance, including
permitted telecommunications towers or antennas that have not yet been constructed
so long as such approval is current and not expired.
Q. "State of the Art" means existing technology where the level of facilities,
technical performance, capacity, equipment, components and service are equal to that
Ordinance No. 98-05
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developed and demonstrated to be more technologically advanced than generally
available for comparable service areas in South Florida.
R. "Stealth Facility" means any telecommunications facility which is
designed to blend into the surrounding environment. Examples of such facilities would
include, but not be limited to, architecturally screened roof mounted antennae, building-
mounted antennae painted to match the existing structure, antennae integrated into
architectural elements and telecommunications towers designed to look like light
poles, power poles, or trees.
S. "Telecommunications Facility" means a facility that is used to provide
one or more telecommunications services, including, without limitation, radio
transmitting telecommunications towers, other supporting structures, and associated
facilities used to transmit telecommunications signals. An open video system is not a
telecommunications facility to the extent that it provides only video services; a cable
system is not a telecommunications facility to the extent that it provides only cable
service.
T. "Telecommunications Services" means the offering of
telecommunication (or the transmission, between or among points, specified by the
user of information of the user's choosing, without change in the form or content of the
information as sent and received), for a fee directly to the public, or to such classes of
users as to be effectively available directly to the public, regardless of the facilities
used. Personal wireless communication services shall not be considered as essential
services, public utilities or private utilities.
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U. "Telecommunications Tower" means any structure, and support
thereto, designed and constructed primarily for the purpose of supporting one or more
antennas intended for transmitting or receiving personal wireless services, telephone,
radio and similar communication purposes, including lattice, monopole and guyed
telecommunications towers. The term includes radio and television transmission
telecommunications towers, microwave telecommunications towers, common-carrier
telecommunications towers, cellular telephone telecommunications towers, alternative
telecommunications tower structures, among others.
V. "Whip Antenna" means a cylindrical antenna that transmits signals in
360 degrees.
Section 4. Applicability.
A. New Telecommunications Towers and Antennas. All new
telecommunications towers or antennas in the City shall be subject to these
regulations, except as provided in Sections 4(B) through (C), inclusive.
B. BroadcastinR Facilities/Amateur Radio Station Operators/Receive Only
Antennas. This Ordinance shall not govern any telecommunications tower, or the
installation of any antenna, that is for the use of a broadcasting facility or is owned and
operated by a federally-licensed amateur radio station operator or is used exclusively
for receive only antennas.
C. Preexistin,q Telecommunications Towers or Antennas. Pre-existing
telecommunications towers and pre-existing antennas shall not be required to meet the
requirements of this Ordinance, other than the requirements of Sections 5(J), 5(K) and
5(T).
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Section 5. General Requirements/Minimum Standards.
Applicants regulated by this Ordinance may request a pre-application
conference with the City. Such request shall be submitted with a non-refundable fee of
Five Hundred Dollars ($500.00) to reimburse the City for the cost and fees incurred by
the conference. Every new telecommunications tower and antenna shall be subject to
the following minimum standards:
A. Lease Required. Any construction, installation or placement of a
telecommunications facility on any property owned, leased or otherwise controlled by
the City shall require a Lease Agreement executed by the City and the owner of the
facility.
The City may require, as a condition of entering into a Lease Agreement with a
telecommunications service 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.
B. Principal or Accessory Use. Antennas and towers 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 an antenna or
telecommunications tower on such lot.
C. Lot Size. For purposes of determining whether the installation of a
telecommunications tower or antenna complies with the City zoning provisions,
including, but not limited to, setback requirements, lot coverage requirements, and
other such requirements, the dimensions of the entire lot shall control, even though the
antenna or telecommunications tower may be located on leased parcels within such lot.
Ordinance No. 98-05
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D. Inventory of Existing Sites.
1. Each applicant shall review the City's inventory of existing
telecommunications towers, antennas, and approved sites. All requests for sites shall
include specific information about the proposed location, height, and design of the
proposed telecommunications tower. No new telecommunications tower shall be
permitted unless the applicant demonstrates to the reasonable satisfaction of the City
that no existing telecommunications tower, structure or state of the art technology that
does not require the use of new telecommunications towers or new structures can
accommodate, or be modified to accommodate, the applicant's proposed antenna.
Evidence submitted to demonstrate that no existing telecommunications tower,
structure or state of the art technology is suitable shall consist of any of the following:
a. An affidavit demonstrating that the applicant made diligent
efforts for permission to install or collocate the applicant's telecommunications facilities
on City owned telecommunications towers or usable antenna support located within a
one-half (1/2) mile radius of the proposed telecommunications tower site.
b. An affidavit demonstrating that the applicant made diligent
efforts to install or collocate the applicant's telecommunications facilities on towers or
useable antenna support structures owned by other persons located within a one-half
(1/2) mile radius of the proposed telecommunications tower site.
c. An affidavit demonstrating that existing towers or structures
located within the geographic search area as determined by a radio frequency engineer
do not have the capacity to provide reasonable technical service consistent with the
applicant's technical system, including but not limited to, applicable FCC requirements.
Ordinance No. 98-05
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d. Existing towers or structures are not of sufficient height to
meet applicable FCC requirements.
e. Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
f. The applicant's proposed antenna would cause
electromagnetic/radio frequency interference with the antenna on the existing towers or
structures, or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
g. The fees, costs, or contractual provisions required by the
owner in order to share an existing telecommunications tower or structure or to adapt
an existing telecommunications tower or structure for sharing are unreasonable. Costs
exceeding new telecommunications tower development are presumed to be
unreasonable.
h. The applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
i. The applicant demonstrates that state of the art technology
used in the wireless telecommunications business and within the scope of applicant's
FCC license, is unsuitable. Costs of state of the art technology that exceed new
telecommunications tower or antenna development shall not by itself be presumed to
render the technology unsuitable.
2. The City may share such information with other applicants applying for a
permitted use on private property and special exception use under this Ordinance or
other organizations seeking to locate antennas within the jurisdiction of the City
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provided, however, that the City is not, by sharing such information, in any way
representing or warranting that such information is accurate or that such sites are
available or suitable.
E. En,qineerin,q Report.
1. All applicants for new telecommunications towers and pre-existing
telecommunications towers which are modified or reconstructed to accommodate
additional antennas shall submit a written report certified by a professional engineer
licensed to practice in the State of Florida. The report shall include:
a) The applicable standards of site plan review, drawn to scale,
including without limitation, a legal description of the parent tract and leased parcel, if
applicable, on-site and adjacent land uses, Master Plan classification of the site, a
visual impact analysis and photo digitalization of the telecommunications tower and all
attachments including associated buildings and equipment containers at the property
line, as well as at a distance of 250 feet and 500 feet from all properties within that
range, or at other points agreed upon in a pre-application conference.
b) If applicable, a narrative of why the proposed
telecommunications tower cannot comply with the requirements as stated in this
Section.
c) Type of telecommunications tower and specifics of design.
d) Current wind-loading capacity and a projection of wind-
loading capacity using different types of antennas as contemplated by the applicant.
No telecommunications tower shall be permitted to exceed its wind loading capacity as
provided for by the South Florida Building Code.
Ordinance No. 98-05
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e) A statement that the proposed telecommunications tower,
including reception and transmission functions, will not interfere with the visual and
customary transmission or reception of radio, television or similar services as well as
other wireless services enjoyed by adjacent residential and non-residential properties.
f) ^ statement of compliance with all applicable Building
Codes, associated regulations and safety standards as provided in Section 5(M)
herein. For all towers attached to existing structures, the statement shall include
certification that the structure can support the load superimposed from the
telecommunications tower. Except where provided in Section 7(B), all towers shall
have the capacity to permit 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.
g) Any additional information deemed by the City to be
necessary to assess compliance with this Ordinance.
F. Co-Location. Pursuant to the intent of this Ordinance, co-location of
telecommunication antennas by more than one provider on existing
telecommunications towers shall take precedence over the construction of new
telecommunication towers. Accordingly, in addition to submitting the information
required in subsection D of this section, each application shall include a written report
certified by a professional engineer licensed to practice in the State of Florida, stating:
1) the geographical service area requirements; 2) mechanical or electrical
incompatibility; 3) any restrictions or limitations of the Federal Communications
Commission that would preclude the shared use of the telecommunications tower; and
Ordinance No. 98-05
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4) any additional information required by the City. If the City does not accept the full
evaluation as provided as accurate, or if the City disagrees with any part of the
evaluation, the time in which an application is processed pursuant to this Ordinance
shall be tolled pending further evaluation.
G. Co-Location Incentive. Pursuant to the intent of this Ordinance, the City
shall provide the following incentive to service providers:
1. The review of all applications submitted by providers seeking to co-
locate on a pre-existing telecommunications tower or to rent space on a proposed new
telecommunications tower, shall be completed by the City no more than thirty (30) days
following the filing of a completed application as provided in this Ordinance.
H. Aesthetics. Towers and antennas shall meet the following requirements:
1. Towers shall either maintain a galvanized steel finish or, subject to
any applicable standards of the FAA, be painted a neutral color so as to reduce visual
obtrusiveness.
2. At a telecommunications tower site, the design of the buildings and
related associated ancillary 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 the visual impact.
3. All telecommunications tower sites must comply with any
landscaping requirements of the City Code and all other applicable aesthetic and safety
requirements of the City, and the City may require landscaping in excess of those
requirements in order to enhance compatibility with adjacent residential and non-
residential land uses. All landscaping shall be properly maintained to ensure good
Ordinance No. 98-05
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health and viability at the owners expense. Telecommunications tower facilities shall
be landscaped with a buffer of plant materials that effectively screens the view of the
telecommunications tower compound consisting of the telecommunications tower and
antennas, backhaul network and any structure or equipment cabinet, from property
used for residences. The standard buffer shall consist of a landscaped strip at least
five (5) feet wide outside the perimeter of the compound. In locations where the visual
impact of the telecommunications tower would be minimal, the landscaping requirement
may be reduced or waived by the City Manager or his designee. Existing mature tree
growth and natural land forms on the site shall be preserved to the maximum extent
possible. In some cases, as determined by the City Manager or his designee, such as
towers sited on large, wooded lots, natural growth around the property perimeter may
be sufficient buffer.
4. If an antenna is installed on a structure other than a
telecommunications tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely compatible with, the
color of the suppoding structure so as to make the antenna and related equipment as
visually unobtrusive as possible.
I. Li,qhtin,q. No signals, artificial lights, or illumination shall be permitted on
any antenna or telecommunications tower 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.
J. Setbacks. Towers must be set back a minimum distance of 110% of the
height of the telecommunications tower from the property line.
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K. Separation. Any telecommunications tower shall be separated from any
other telecommunications tower by a distance of no less than one (1) mile as measured
by a straight line between the bases of the towers.
L. Height. Telecommunications towers shall not be constructed at any
heights in excess of those provided below:
(1) for a single user, up to ninety (90) feet in height;
(2) for two users, up to one hundred twenty (120) feet in height;
(3) for three or more users, up to one hundred fifty (150) feet in height;
(4) for the purpose of determining compliance with all requirements of
this section, measurement of telecommunications tower height shall include the
telecommunications tower structure itself, the base pad, and any other
telecommunications facilities attached thereto which extend more than twenty (20) feet
over the top of the telecommunications tower structure itself. Telecommunications
tower height shall be measured from grade.
M. Local, State or Federal Requirements. The construction, operation and
repair of telecommunications facilities are subject to the regulatory supervision of the
City, and shall be performed in compliance with all laws, ordinances and practices
affecting such system including, but not limited to, zoning codes, building codes, and
safety codes, and as provided in Section 5 (J) and (K). The construction, operation
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 or exceed current standards and regulations of the
FAA, the FCC, including emissions standards, and any other agency of the local, state
Ordinance No. 98-05
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or federal government with the authority to regulate towers and antennas prior to
issuance of a building permit by the City. If such applicable standards and regulations
require retroactive application, then the owners of the telecommunications towers and
antennas governed by this Ordinance shall bring such towers and antennas into
compliance with such revised standards and regulations within six (6) months of the
effective date of such standards and regulations, unless a different compliance
schedule is mandated by the controlling state or federal agency. Failure to bring
towers and antennas into compliance with such revised standards and regulations shall
constitute grounds for the removal of the telecommunications tower or antenna at the
owner's expense.
N. Building Codes; Safety Standards.
1. To ensure the structural integrity of telecommunications towers
installed, the owner shall construct and maintain the telecommunications tower in
compliance with the South Florida Building Code, and all other applicable codes and
standards, as amended from time to time. A statement shall be submitted to the City by
a professional engineer certifying compliance with this subsection upon completion of
construction and/or subsequent modification. Where a preexisting structure, including
light and power poles, is requested as a stealth facility, the facility, and all modifications
thereof, shall comply with all requirements as provided in this Ordinance. Following the
issuance of a building permit, the City shall require the owner to provide a professional
analysis of a soil sample from the base of the telecommunications tower site to assure
integrity of the foundation.
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2. The City reserves the right to conduct periodic inspection of
telecommunications towers to ensure structural and electrical integrity. If, upon
inspection, the City concludes that a telecommunications tower fails to comply with
such codes and standards and constitutes a danger to persons or property, then upon
notice being provided to the owner of the telecommunications tower, the owner shall
have no more than thirty (30) days to bring such telecommunications tower into
compliance with such standards. Failure to bring such telecommunications tower into
compliance within thirty (30) days shall constitute grounds for the removal of the
telecommunications tower or antenna at the owner's expense.
O. Warnin,q Si,qns. Notwithstanding any contrary provisions of the City's
Code, the following shall be utilized in connection with any telecommunications 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 well surrounding the
structure and spaced no more than fody (40) feet apart.
2. "NO TRESPASSING" warning signs shall be permanently attached
to the fence or well and spaced no more than forty (40) feet apart.
3. The height of the lettering of the warning signs shall be at least
twelve (12) inches in height. The warning signs shall be installed at least five (5) feet
above the finished grade.
4. The warning signs may be attached to free standing poles if the
content of the signs may be obstructed by landscaping.
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P. Security Fencing. Telecommunications towers and the accessory
building(s) and/or equipment associated therewith shall be enclosed by security fencing
not less than six feet in height and shall also be equipped with an appropriate anti-
climbing device; provided however, that the City may waive such requirements.
Q. Measurement. For purposes of measurement, telecommunications tower
setbacks and separation distances shall be calculated and applied to facilities located
in the City irrespective of municipal and county jurisdictional boundaries.
R. Not Essential Services. Telecommunications towers and antennas shall
be regulated and permitted pursuant to this Ordinance and shall not be regulated or
permitted as essential services, public utilities, or private utilities.
S. Franchises/Licenses. Owners and/or operators of towers or antennas
shall certify that all franchises/licenses 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 franchises/licenses with the City.
T. Public Notice. For purposes of this Chapter and notwithstanding any
other requirements with regard to public notice in the City's Code, any request for a
special exception use on private property shall require a public hearing that shall be
advertised at least seven (7) days before the public hearing in a newspaper of general
circulation and readership in the municipality. A courtesy notice shall also be mailed to
all affected property owners within 300 feet of the subject property prior to the public
hearing. The property shall also be posted with a sign in accordance with the City's
zoning provisions. If approved, the owner of any telecommunications tower approved
for shared use shall provide notice of the location of the telecommunications tower and
Ordinance No. 98-05
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the toweYs load capacity to all other providers regulated by this Ordinance. All costs
related to the public notice shall be paid by the applicant.
U. 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 or telecommunications tower.
V. Buildings and Support Equipment. Buildings and support equipment
associated with antennas or towers shall comply with the requirements of Section 9
below.
W. Inspections; Reports; Fees.
1. Telecommunications tower owners shall submit a report to the City
certifying structural and electrical integrity every two years. The report shall be
accompanied by a non-refundable fee of Two Hundred Dollars ($200.00) to reimburse
the City for the cost of review.
2. The City may conduct periodic inspection of telecommunications
towers, at the owner's expense, to ensure structural and electrical integrity and
compliance with the provisions of this Ordinance. The owner of the
telecommunications tower may be required by the City to have more frequent
inspections should there be an emergency, extraordinary conditions or other reason to
believe that the structural and electrical integrity of the telecommunications tower is
jeopardized. There shall be a maximum of one inspection per year unless emergency
or extraordinary conditions warrant.
.Section 6. Permitted Uses on Public Property.
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A. General. The uses listed in this Section apply specifically to all wireless
telecommunications antennas and towers located on property owned, leased, or
otherwise controlled as specified in Section 5(A) by the City, provided a lease
agreement pursuant to Section 5(A) has been approved by the City. The City reserves
the right to modify or waive the requirements for use on public property, but shall not be
required to provide access to City properly. A determination whether to grant or deny a
waiver request shall be made in accordance with standards to be adopted by
administrative regulation of the City.
B. Uses. All applicants for use in this Section shall first submit a letter of
intent and all other information as stated in Section 5 herein to the City Manager's
office, which shall be reviewed within thirty (30) days from the submission of a
completed application. The City Manager is authorized to execute lease agreements
and waive requirements as provided in Section 5 on behalf of the City. The uses
permitted under this Section are as follows:
1. Rooftop Mounted Telecommunications Towers and Antennas.
a. The height, including support structures, shall not extend
more than thirty (30) feet above the average height of the roof line;
b. Screening shall be required to minimize the visual impact
upon adjacent properties;
c. No more than one (1) telecommunications tower shall be
located on a single lot or single building site;
d. Rooftop telecommunications towers shall not adversely
affect adjacent properties.
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2. Telecommunications towers and/or antennas constructed pursuant
to this Section shall be exempt from the minimum distances from residential zoning
districts as provided in Section 8 below.
3. No lease granted under this Section shall convey any exclusive
right, privilege, permit or franchise to occupy or use the public lands of the city for
delivery of telecommunications services or any other purpose.
4. No lease granted under this Section shall convey any right, title or
interest in the public lands other than a leasehold interest, but shall be deemed only to
allow the use of the public lands for the limited purposes and term stated in the lease.
No lease shall be construed as a conveyance of a title interest in the property.
Section 7. Permitted Uses on Private Property.
A. General. The uses listed in this Section apply to all wireless
telecommunications antennas and telecommunications towers located on private
property. The following provisions shall govern the issuance of approval by the City
pursuant to this Section:
1. Each applicant shall apply to the City for a permit providing the
information as set forth in Sections 5 and 8 of this Ordinance, and a nonrefundable fee
of Fifteen Hundred Dollars ($1,500.00) to reimburse the City for the costs of reviewing
the application.
2. The City shall review the application and determine if the proposed
use complies with applicable Sections of this Ordinance.
3. The City shall respond to each such application within the time
dictated by the nature and scope of the individual request, subject to the generally
Ordinance No. 98-05
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applicable time frames and pursuant to the intent of Section 704 of the
Telecommunications Act of 1996, but in no event more than thirty (30) days for
administrative zoning decisions. Building permit applications shall be processed within
a reasonable period of time.
4. In connection with any such approval, the City may, to encourage
the use of monopoles towers, allow the reconstruction of an existing
telecommunications tower to monopole construction. The reconstruction shall, at all
times, comply with the standards and requirements of this Ordinance.
5. If an application pursuant to this Section is denied, the applicant
shall file an application for a special exception use permit pursuant to Section 8.
B. Uses. The following uses may be approved by the City Manager or his
designee after conducting an administrative review:
1. Antennas on Pre-Existin,q Structures.
a. Any antenna which is not attached to a pre-existing
telecommunications tower may be approved by the City 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 thirty (30)
feet above the highest point of the structure;
ii. The antenna complies with all applicable FCC and
FAA regulations and all applicable building codes; and
iii. To minimize adverse visual impacts, antennas shall
be selected based upon the following priority; (1) any stealthed antenna; (2) panel; (3)
Ordinance No. 98-05
Page 24
whip; and (4) dish. The applicant shall demonstrate, in a manner acceptable to the
City, why each choice cannot be used for a particular application if that choice is not
the top priority.
2. Antennas on Pre-Existing Telecommunications Towers.
a) An antenna which is attached to a pre-existing
telecommunications tower may be approved by the City provided such co-location is
accomplished in a manner consistent with the following:
i. A telecommunications tower which is modified or
reconstructed to accommodate the co-location of an additional antenna shall be of the
same telecommunications tower type as the existing telecommunications tower, unless
the City allows reconstruction as a monopole pursuant to this Section.
ii. Height
(a) An existing telecommunications tower may be
modified or rebuilt to a taller height, to accommodate the co-location of an additional
antenna(s), only if the modification or reconstruction is in full compliance with this
Ordinance. This provision shall include utility and powerpoles.
(b) The additional height referred to in subsection
(ii)(a) above shall not require an additional distance separation as set forth in Section
8. The tower's premodification height shall be used to calculate such distance
separations.
iii. Onsite location
Ordinance No. 98-05
Page 25
(a) A telecommunications tower which is being
rebuilt to accommodate the co-location of an additional antenna may be moved onsite
within fifty (50) feet of its existing location.
(b) After the telecommunications tower is rebuilt to
accommodate co-location, only one telecommunications tower may remain on the site.
(c) A relocated onsite telecommunications tower
shall continue to be measured from the original telecommunications tower location for
purposes of calculating separation distances between towers pursuant to Sections 5(K)
and 8(C)(2). The relocation of a telecommunications tower shall in no way be deemed
to cause a violation of Sections 5(K) and 8(C)(2).
iv. Microwave dish antennas located less than sixty-five
(65) feet above the ground may not exceed six (6) feet in diameter. Microwave dish
antennas located sixty-five (65) feet and higher above the ground may not exceed eight
(8) feet in diameter. Ground-mounted dish antennas must be located or screened so
as not to be visible from abutting public streets.
3. Alternative Telecommunications Tower Structure. Locating an alternative
telecommunications tower structure in an IU~I, IU-2 and BU-2 zoning district that is in
conformity with the goals set forth in Section 2 of this Ordinance.
4. Cable Microcell Network. Installing a cable microcell network through the
use of multiple Iow-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.
Section 8. Special Exception Use.
Ordinance No. 98-05
Page 26
A. General. The provisions listed in this Section apply only where an
application for the construction of a telecommunications tower or the placement of an
antenna in a zoning district does not meet the criteria for approval as provided in
Sections 5, 6 or 7 of this Ordinance. An applicant for a special exception use permit
shall submit information described in Section 5 and the City's Code of Ordinances and
any other reasonable information the City may require. The following provisions shall
govern the issuance for Special Exception Use permits:
1. Compliance with the procedures and requirements of Special
Exception Uses as stated in the City's Code of Ordinances, including the zoning
provisions, and as required in this Section.
2. In granting a permit, the City may impose conditions to the extent
the City concludes such conditions are necessary to minimize any adverse effect of the
proposed telecommunications tower or antenna on adjoining properties or to satisfy the
special exception criteria.
3. Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, shall be certified by a licensed
professional engineer.
4. A non-refundable fee of Five Hundred Dollars ($500.00) to
reimburse the City for the costs of reviewing the application, in addition to all other
applicable fees required by the City.
B. Setbacks. Notwithstanding any contrary provision of the City's zoning
regulations, the following setback requirements shall apply to all telecommunications
towers for which a permit under this Section is required:
Ordinance No. 98-05
Page 27
1. Towers must be set back a minimum distance of 110% of the
height of the telecommunications tower from the property line.
2. The base of any guys and accessory buildings must satisfy the
minimum zoning district setback requirements with reference to special exception use,
but not to include reference to rights-of-way controlled by the City.
C. Separation. The following separation requirements shall apply to all
telecommunications towers and antennas for which a special exception use permit is
required:
1. Separation from off-site uses/designated areas.
a. telecommunications tower separation shall be measured
from the base of the telecommunications tower to the lot line of the off-site uses and/or
designated areas as specified in Table 1, except as otherwise provided in Table 1.
b. Separation requirements for towers shall comply with the
minimum standards established in Table 1.
2. The separation distance from other towers described in the
inventory of existing sites submitted pursuant to Section 5(D) shall be shown on an
updated site plan or map. The applicant shall also identify the type of construction of
the existing telecommunications tower(s) and the ownedoperator of the existing
telecommunications tower(s), if known.
Ordinance No. 98-05
Page 28
Table 1:
Off-site Use/Designated Area Separation Distance
Single-family or duplex residential units~ 500 feet or 300% height of
telecommunications tower whichever is
reater
~acant single-family or duplex residentially 500 feet or 300% height of
.,oned land lelecommunications tower2 whichever is
reater
--_xisting multi-family residential units 100 feet or 100% height of
'eater than duplex units [elecommunications tower whichever is
reater
~lon-residentially zoned lands or non- None; only setbacks apply
· esidential uses
Includes modular homes and mobile homes used for living purposes.
2Separation measured from base of telecommunications tower to closest building
setback line.
3. Separation distances between telecommunications towers.
(a) Separation distances between telecommunications
towers shall be applicable for and measured between the proposed
telecommunications tower and pre-existing towers. The separation distances shall be
measured by drawing or following a straight line between the base of the pre-existing
telecommunications tower and the proposed base, pursuant to a site plan, of the
proposed telecommunications tower. The separation distance shall be a minimum of
one (1) mile, regardless of type of towers.
D. Factors Considered in Granting Special Exception Permits for Towers. In
addition to any standards for consideration of permit applications pursuant to the City's
Code of Ordinances, including the zoning regulations, the City shall consider the
following factors in determining whether to issue a permit:
Ordinance No. 98-05
Page 29
a. Availability of suitable existing telecommunications towers,
other structures, or state of the art technologies not requiring the use of towers or
structures.
b. Height of the proposed telecommunications tower;
c. The setback and separation distances between the
proposed telecommunications tower and the nearest residential units or residentially
zoned properties.
d. Proximity of the telecommunications tower to residential
structures and residential district boundaries;
e. Nature of uses on adjacent and nearby properties;
f. Surrounding topography;
g. Surrounding tree coverage and foliage;
h. Design of the telecommunications tower, with particular
reference to design characteristics that have the effect of reducing or eliminating visual
obtrusiveness;
i. Proposed ingress and egress.
Section 9. Buildin.qs or Other Equipment Facilities.
The following standards shall apply:
A. Antennas Mounted on Structures or Rooftops. The equipment
cabinet or structure used in association with antennas shall comply with all of the
following:
1. The cabinet or structure shall not contain more than 300
square feet of gross floor area or be more than 80 inches in height. In addition, for
Ordinance No. 98-05
Page 30
buildings and structures which are less than four (4) stories in height, the related
unmanned equipment structure, if over 100 square feet of gross floor area or 3 feet in
height, shall be located on the ground and shall not be located on the roof of the
structure unless the building or structure is completely screened from sight pursuant to
the requirements of Section 5(H).
2. If the equipment structure is located on the roof of a
building, the area of the equipment structure and other equipment and structures shall
not occupy more than five (5) percent of the roof area.
3. Equipment buildings or cabinets shall comply with all
applicable zoning and building c/odes, including minimum setback requirements, as
provided in Section 8.
4. Mobile or immobile equipment not used in direct support of a
telecommunications tower facility shall not be stored or parked on the site of the
telecommunication tower, unless repairs to the telecommunications tower are being
made.
5. All buildings and equipment cabinets shall be unoccupied at
all times.
B. Antennas Not Located on Telecommunications Tower; Mounted on Utility
Poles or Light Poles. The equipment cabinet or structure used in association with
antennas shall be located in accordance with the following:
1, In residential districts, the equipment cabinet or structure may be
located:
Ordinance No. 98-05
Page 31
a. In a side yard setback provided the cabinet or structure is no
greater than 3 feet in height or 16 square feet of gross floor area and the
cabinet/structure is located a minimum of 5 feet from all lot lines. The cabinet/structure
shall be screened by an evergreen hedge with an ultimate height of at least 42-48
inches and a planted height of at least 36 inches.
b. In a rear yard setback, provided the cabinet or structure is
no greater than 5 feet in height or 16 square feet in gross floor area. The
cabinet/structure shall be screened by an evergreen hedge with an ultimate height of
72 inches and a planted height of at least 36 inches.
2. In commercial or industrial districts the equipment cabinet or
structure shall be no greater than 5 feet in height or 25 square feet in gross floor area.
The structure or cabinet shall be screened by an evergreen hedge with an ultimate
height of 72 inches and a planted height of at least 36 inches. In all other instances,
structures or cabinets shall be screened from view of all residential properties which
abut or are directly across the street from the structure or cabinet by a solid masonry
fence 6 feet in height or an evergreen hedge with an ultimate height of six (6) feet and
a planted height of at least 36 inches.
C, Antennas Located on Towers. The related unmanned equipment
structure shall not contain more than 1500 square feet of gross floor area or be more
than 8 feet in height, and shall be located in accordance with the minimum yard
requirements of the zoning district in which located.
Section '10. Removal of Abandoned Antennas and Towers. Any antenna
or telecommunications tower that is not operated for a continuous period of twelve (12)
Ordinance No. 98-05
Page 32
months shall be considered abandoned, and the owner of such antenna or
telecommunications tower shall remove the same within ninety (90) days of receipt of
notice from the City notifying the owner of such abandonment. Failure to remove an
abandoned antenna or telecommunications tower within the ninety (90) days shall be
grounds for the City to remove the telecommunications tower or antenna at the owner's
expense. If there are two or more users of a single telecommunications tower, then this
provision shall not become effective until all users cease using the telecommunications
tower.
Section 11. Nonconformin,q Uses.
A. Not Expansion of Nonconformin,q Use. Telecommunications towers that
are constructed, and antennas that are installed, in accordance with the provisions of
this Ordinance shall not be deemed to constitute the expansion of a nonconforming use
or structure.
B. Preexisting Telecommunications Towers. Lawful pre-existing
telecommunications towers shall be allowed to continue their usage as they presently
exist. Routine maintenance (including replacement with a new telecommunications
tower of like construction and height) shall be permitted on such preexisting towers.
New construction other than routine maintenance on a preexisting telecommunications
tower shall comply with the requirements of this Ordinance.
C. Rebuildin,q Dama,qed or Destroyed Nonconformin,q Towers or Antennas.
Notwithstanding Section 10, bona fide nonconforming telecommunications towers or
antennas that are damaged or destroyed may be rebuilt without having to first obtain
administrative approval or a permit and without having to meet the separation
Ordinance No. 98-05
Page 33
requirements specified in Sections 8(B) and 8(C). The type, height, and location of the
telecommunications tower onsite shall be of the same type and intensity as the original
facility approval. Building permits to rebuild the facility shall comply with the then
applicable building codes and shall be obtained within 180 days from the date the
facility is damaged or destroyed. If no permit is obtained or if the permit expires, the
telecommunications tower or antenna shall be deemed abandoned as specified in
Section 10.
Section 12. Protection of the City and Residents.
A. Indemnification.
1. The City shall not enter into any lease agreement until and unless
the City obtains an adequate indemnity from such provider. The indemnity must at
least:
a. Release the City from and against any and all liability and
responsibility in or arising out of the construction, operation or repair of the
telecommunications facility. Each telecommunications facility operator must further
agree not to sue or seek any money or damages from the City in connection with the
above mentioned matters;
b. Indemnify and hold harmless the City, its Council, elected
and appointed officers, agents, servants and employees, from and against any and all
claims, demands, or causes of action of whatsoever kind or nature, and the resulting
losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders,
judgments, or decrees, sustained by the City or any third party arising out of, or by
Ordinance No. 98-05
Page 34
reason of, or resulting from or of each telecommunications facility operator, or its
agents, employees, or servants negligent acts, errors, or omissions.
c. Provide that the covenants and representations relating to
the indemnification provision shall survive the term of any agreement and continue in
full force and effect as to the party's responsibility to indemnify.
B. Insurance.
1. The City may not enter into any lease agreement until and unless
the City obtains assurance that such operator (and those acting on its behalf) have
adequate insurance. At a minimum, the following requirements must be satisfied:
a. A telecommunications facility operator shall not commence
construction or operation of the facility without obtaining all insurance required under
this section and approval of such insurance by the City Manager, nor shall a
telecommunications facility operator allow any contractor or subcontractor to
commence work on its contract or sub-contract until all similar such insurance required
of the same has been obtained and approved. The required insurance must be
obtained and maintained for the entire period the telecommunications facility is in
existence. If the operator, its contractors or subcontractors do not have the required
insurance, the City may order such entities to stop operations until the insurance is
obtained and approved.
b. Certificates of insurance, reflecting evidence of the required
insurance, shall be filed with the City Manager. For entities that are entering the
market, the certificates shall be filed prior to the commencement of construction and
once a year thereafter, and as provided below in the event of a lapse in coverage.
Ordinance No. 98-05
Page 35
c. These certificates shall contain a provision that coverages
afforded under these policies will not be canceled until at least thirty days (30) prior
written notice has been given to the City. Policies shall be issued by companies
authorized to do business under the laws of the State of Florida.
d. In the event that the insurance certificate provided indicates
that the insurance shall terminate or lapse during the period of the lease agreement
with the City, then in that event, the telecommunications facility operator shall furnish,
at least thirty (30) days prior to the expiration of the date of such insurance, a renewed
certificate of insurance as proof that equal and like coverage for the balance of the
period has been obtained.
C. Comprehensive General Liability.
1. A telecommunications facility operator and its contractors or
subcontractors engaged in work on the operator's behalf, shall maintain minimum
insurance to cover liability, bodily injury (including death) and property damage.
Exposures to be covered are: premises, operations, and those certain contracts
relating to the construction, installation or maintenance of the telecommunications
facility. Coverage shall be written on an occurrence basis and shall be included, as
applicable, in the lease agreement between the City and the telecommunications
facility operator.
Section 13. Security Fund. Every telecommunications service provider
whether on public or private property shall establish a cash security fund, or provide
the City with an irrevocable letter of credit in the same amount, to secure the payment
of removing an antenna or telecommunications tower that has been determined to be
Ordinance No. 98-05
Page 36
abandoned, in the event the owner is not in compliance with Section 10. The amount
to be provided for each telecommunications tower shall be Twenty Five Thousand
Dollars ($25,000); the amount for each antenna array shall be Five Thousand Dollars
($5,000).
In the alternative, at the City's discretion, an operator may, in lieu of a cash
security fund or letter of credit, file and maintain with the City a bond with an acceptable
surety in the amount of twenty-five thousand dollars ($25,000). The operator and the
surety shall be jointly and severally liable under the terms of the bond. In the
alternative, at the City's discretion, an operator may, in lieu of the cash security fund,
letter of credit or bond, file with the City a corporate guarantee in a form acceptable to
the City to be used as a security fund.
Section 14. Penalties. Any person, firm or corporation who knowingly
breaches any provision of this Ordinance shall upon receipt of written notice from the
City be given a time schedule to cure the violation. Failure to commence to cure within
thirty (30) days and to complete cure, to the City's satisfaction, within sixty (60) days, or
such longer time as the City may specify, shall result in revocation of any permit or
license and the City shall seek any remedy or damages to the full extent of the law.
This shall not preclude other penalties allowed by law.
.Section 15. Severability. The various parts, sections and clauses of this
Ordinance are hereby declared to be severable. If any part, sentence, paragraph,
section or clause is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of the Ordinance shall not be affected thereby. In the event
of a subsequent change in applicable law, so the provision which had been held invalid
Ordinance No. 98-05
Page 37
is no longer invalid the provision shall thereupon return to full force and effect without
further action by the City and shall thereafter be binding under this Ordinance.
Section 16. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of the
Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 17. Provisions of This Section to Control. Notwithstanding any
contrary provisions of the City's Code of Ordinances, including the City's zoning
regulations, the provisions of this new Ordinance shall control.
Section 18. Repealer. Any ordinances or parts thereof in conflict with the
provisions of this Ordinance are hereby repealed to the extent of such conflict.
Section 19. Effective Date. This Ordinance shall take effect immediately
upon passage on second reading.
Ordinance No. 98- 0__5
Page 38
The foregoing Ordinance was offered by Councilmember Cohen , v~no
moved its adoption on first reading. This motion was seconded by Councilmember
Rogers-L~be]'t: , and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin absent
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember Cohen
who moved its adoption on second reading. This motion was seconded by
Councilmember g~ayor Snyaer, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 3rd day of February, 1998.
PASSED AND ADOPTED on second reading this 17th day of February, 1998.
ATTEST:
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
: ,,
City A[~orney