§ 72-292. General requirements for communication towers and antennas.

(a)

Principal or accessory use. Notwithstanding anything to the contrary in this article, communication antennas and towers, including the equipment buildings or other supporting equipment used in connection with said communication towers and antennas, shall be considered as principal or accessory uses on a lot. An existing principal use and/or an existing structure on a lot shall not preclude the installation of an antenna or communication tower on such lot.

(b)

Federal requirements. All communication towers and antennas or modifications thereof must meet or exceed current standards and regulation of the FAA, the FCC, and any other agency of the federal government with the authority to regulate communication towers and antennas.

(c)

Preexisting communication towers and antennas. All communication towers existing on the effective date of this article, or where there is a valid special exception which exists on the effective date of this article, shall continue as they presently exist. Routine maintenance shall be permitted on such existing communication towers.

(d)

Communication towers and antennas relationship to zoning classification height limitations. The height limitations applicable to buildings and structures contained in the classification shall not apply to communication towers and antennas which are regulated by a special exception and exceed 70 feet in height above ground level.

(e)

Notwithstanding anything to the contrary in this article, the telecommunications towers and antennas as provided hereinafter in this subsection, including the equipment buildings or other supporting equipment structures used in connection with said communication towers or antennas, are deemed to be permitted uses and shall not require a special exception. Nevertheless, such communication towers and antennas shall comply with this section and all other applicable ordinances.

(f)

A communication tower which is being rebuilt to accommodate the co-location of an additional communication antenna may be moved on the site to an area located within 100 feet of its existing location, with the approval of the zoning enforcement official, based upon a finding that such approval would be consistent with and further the intent of this article, where a previous special exception was approved notwithstanding any condition of approval relating to the grant of the special exception. After a communication tower is rebuilt to accommodate co-location, only one communication tower may remain on the site. The new communication tower shall not be required to meet the separation requirements as provided in this article.

(g)

One unmanned communication equipment structure may be constructed for each communication service provided that the communication tower provides for the co-location of one or more antennas on a communication tower site.

(h)

The modification or reconstruction of an existing communication tower to accommodate the co-location of two or more communication service providers shall be allowed without a new special exception, provided that the co-location is accomplished in a manner consistent with the following requirements:

(1)

Type of construction. The modification or reconstruction shall not change the communication tower from one type of tower to another, except that any type of communication tower may be reconstructed as a monopole tower.

(2)

Height.

a.

Except for any communication tower located within four statute miles from any public or private airport or helipad as provided in subsection 72-293(23)c., an existing or pre-existing communication tower exceeding 70 feet in height above ground level may be modified or rebuilt to a taller height, not to exceed 25 feet over the tower's existing height, to accommodate the co-location of one or more additional communication antennas.

b.

The height change referred to in subsection (h)(2).a. above, may only occur one time per communication tower.

c.

The additional height referred to in subsection (h)(2).a. above, shall not require additional distance separation between towers or between towers and off-site uses as set forth in this article.

(i)

Any communication antenna which is not attached to a communication tower shall be a permitted accessory use to any commercial, industrial, professional, institutional, multifamily or an existing utility structure(s) provided that:

(1)

The communication antenna does not exceed more than 25 feet above the highest point of the structure; and

(2)

The communication antenna complies with all applicable FCC and FAA regulations and F.S. ch. 333; and

(3)

The communication antenna complies with all applicable building codes and laws, rules and zoning regulations.

(Ord. No. 97-19, § IV, 8-7-97; Ord. No. 2008-25, § II, 12-4-08)