Ord. No. 24-98-1672ORDINANCE NO.24-98-1672
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
TELECOMMUNICATION FACILITIES;AMENDING CHAPTER
20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT
CODE BY DELETING SECTION 205.23(B),ENTITLED
"MICROWAVE ANTENNAS,"AND CREATING ARTICLE X,
ENTITLED "SITING REGULATIONS FOR
TELECOMMUNICATION TOWERS AND ANTENNAS;"
PROVIDING FOR INTENT,DEFINITIONS,APPLICABILITY,
GENERAL REQUIREMENT AND MINIMUM STANDARDS,
PERMITTED USES,PROCEDURE FOR SPECIAL USE,
EXCEPTIONS,ACCESSORY EQUIPMENT BUILDING AND
REMOVAL OF ABANDONED TELECOMMUNICATION
FACILITIES;PROVIDING FOR ORDINANCES IN CONFLICT,
SEVERABILITY,INCLUSION IN THE LAND DEVELOPMENT
CODE AND EFFECTIVE DATE.
WHEREAS,theCongress of theUnitedStatesadoptedthe Telecommunications-
Act of 1996,providingforfederalregulation of wirelesstelecommunications,a
technology of wirelessvoice,videoanddatacommunicationssystems,whichrequires
land-based facilitiesthatimpact planning andzoningconcernsintheCityand throughout
the United States;and,
WHEREAS,the Mayor &City Commission findthatitisinthe public interest to
permitthesiting of wirelesscommunicationtowersandantennaswithinthemunicipal
boundaries;and,
WHEREAS,theCityhasreceived,and expects to receive,additional requests
from telecommunication serviceproviderstositewireless telecommunication towersand
antennas within themunicipalboundariesandtheCityis authorized byfederal,stateand
locallawto regulate the siting of such towers and antennas;and,
WHEREAS,itisthe intent of the Mayor andCity Commission to provide
reasonable accommodation of,andto promote and encourage fair and reasonable
competition among,telecommunication service providers,or providers of functionally
equivalent services,ona neutral and non-discriminatory basis;and,
WHEREAS,the purpose andintent of this Ordinance isto establish appropriate
locations in priority order of useand,further,to provide the requirements and standards
to permit the siting of wireless telecommunication towers and antennas within the
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(E)encouragethelocationandcollocation of antennasonexisting
structures therebyminimizingnewvisualimpactsand reducing the
need for additional antenna support structures;and
(F)minimizepotential damage topropertyfrom telecommunications
towers and telecommunications facilities by requiring such
structures besoundlydesigned,constructed,modified and.
maintained;and
(G)requireowners of telecommunication facilities toconstructnew
facilities,andreplaceexisting facilities,whetherprimary,supporting
or associated facilities,withthe best available,feasible technology,'
and to include provision in leases between the City of South Miami '
andownerstogiveeffecttothis requirement.
20-10.2 Definitions.
Accessory equipment building -Any building,cabinet or equipment enclosure
constructed fortheprimarypurposeof housing the electronics,backuppower,power
generators and other free standing equipment associated with the operation of antennas.
Antenna -Atransmittingand/orreceivingdevicemountedonatelecommunications
tower,buildingorstructureandusedfor wireless communication serviceswhich radiates
or captures electromagnetic waves,digital signals,analog signals,radio frequencies
(excluding radar signals),wireless telecommunication signalsorother communication
signals,including directional antennas,suchaspaneland microwave dish antennas,and
omni-directional antennassuchaswhips,but excluding radar antennas,amateur radio
antennas,satellite earth stations,and single-family use of television antennas.
Antenna support structure -A facility thatis constructed anddesignedprimarilyforthe
support of antennas,whichshall include the following types:(i)monopole and(ii)stealth
tower.
Collocation-When more thanoneFCClicensed provider usesa telecommunication
tower antenna support structure toattachantennas.
Existing structures -Anylawfullyconstructedman-madestructure including butnot
limitedto antenna support structures,buildings,utility structures,lightpoles,clock
towers,bell towers,steeples,water towersandthelike,which allow forthe attachment of
antennas.
FAA -The Federal Aviation Administration.
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FCC-The Federal Communications Commission.
MicrowaveAntenna-A dish-like antenna usedtolink wireless communication services
sitestogetherby wireless transmission ofvoiceor data.
Monopole tower -A telecommunication tower consisting ofa single pole or spire self-
supported by a permanent foundation,and constructed without guy wires and ground
anchors.
Panel antenna -An array of antennas designed to concentrate a radio signal ina
particular area.
Professional Engineer -A person technically qualified and professionally licensed by the
State of Florida topracticeengineering.
Provider -An FCC licensed communications company.
Roofline -The overall ridge line of the structure which does not include cupolas,elevator
towers,clock towers or other features that are permitted to exceed the maximum height
of the building.
Search ring -A geographic area in which a provider intends to locate an antenna to serve
the provider's coverage area.
Stealth facility -Any telecommunication facility which is designed to blend into the
surrounding environment.Examples of stealth facilities include,butarenot limited to,
architecturally screened,roof-mounted antennas,antennas integrated into architectural
elements,and telecommunication towers designed tolooklikelightpoles,powerpolesor
trees.
Stealth tower -A structure designed to support oneormore antennas andblendintothe
existing surroundings.
Telecommunication facility-A facility thatisusedtoprovideoneormore
telecommunicationsservices,including,withoutlimitation,radiotransmitting
telecommunicationstowers,othersupportingstructures,andassociatedfacilitiesusedto.
transmittelecommunicationssignals.Anopenvideosystemisnotatelecommunications
facility totheextentthatit provides onlyvideo services;acable system isnota
telecommunicationsfacilitytotheextentthatitprovidesonlycableservice.
Telecommunication tower-A monopoleorstealthtowerconstructedasafree-standing
structure,containingoneormoreantennasintendedtobeusedforpersonalwireless
services,telephone,radioorasimilar communication service.Thetermincludes,butis
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notlimitedto,radioand television transmissiontowers,microwave towers,common
carriertowers,cellulartelephone towers and stealth towers.Thetermdoesnot include a
tower that provides only open video services,radar towers,amateur radio support
structures licensed bythe FCC,or single-family residential useof satellite dishes,
television antennasandsatelliteearthstationsinstalledinaccordancewithapplicable
codes.
Whip antenna -A cylindrical antenna that transmits signals in 360 degrees.
20-10.3 Applicability.
(A)All new towers or antennas,and modifications to existing towers and
antennas,in the City shall be subject to these regulations,except as provided for in
paragraphs1and2,below:
1.These regulations shall not apply to any tower,or installation of any
antenna,thatisfortheuseofanopenvideo broadcast-only facility,oris
owned and operated bya federally-licensed amateur radio station operator,
orisused exclusively forreceive-onlyantennas.
2.Pre-existing towers and pre-existing antennas shall notbe required to meet
the requirements of these regulations,except to comply withthe
requirements ofthe non-conforming provisions oftheLand Development.
Code.
20-10.4 General Requirements and Minimum Standards.
(A)Applicants regulated bythis Ordinance mayrequesta pre-application
conference withtheCity.Such request shall be submitted witha non-refundable feeof
$500.00toreimbursetheCityforthecostandfeesincurredbytheconference.
(B)Eachapplicantshall apply totheCityforapermitprovidingthe
information asrequiredbythis Ordinance anda nonrefundable fee of $1,500to reimburse
theCityforthecosts of reviewing theapplication.
(C)TheCityshallreviewtheapplicationanddetermine if theproposeduse
complieswithapplicableSections of thisOrdinanceandotherregulations.Everynew
telecommunication tower and antenna shallbe subject tothe following minimum
standards:
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Page 6of Ordinance No.24-98-1672.
1.Lease Required.
a.Any construction,installation orplacement of a
telecommunications facilityonany property owned,leasedor
otherwise controlled by the City shallrequirea Lease Agreement
executedbytheCityandtheowner of the facility.Any lease of
public property shall be considered andactedonin accordance
withthe requirements of the Charter andCode of Ordinances of
theCity of SouthMiami.
TheCitymay require,asa condition of entering intoaLease
Agreement witha telecommunications service provider,the
dedication of space onthe facility for public health,safety and
communication purposes,aswellaspropertyimprovementon
the leased space.Any dedications andimprovements shall be
negotiated prior toexecution of thelease.
b.Any construction,installation,or placement of -a
telecommunicationfacilityonanypropertyowned,leasedor
otherwise controlled byaprivatepropertyownershall require a
LeaseAgreementor letter of consentexecutedbythe property*
owner andthe owner of the facility,unless the property owner
and owner of the facility are the same.
2.Principal or Accessory Use.Towersand antennas may'be
consideredeither principal oraccessoryuses.Adifferentexisting
use of anexisting structure onthesamelotshallnotprecludethe
installation of a tower or antenna on the same lot.
3.LotSize.For purposes of determining whetherthe installation of a
towerorantennacomplieswithzoningregulations,thedimensions
of the entire lotshall control,even though the towers or antennas are
proposedtobelocatedonleasedparcelswithinsuchlot.
4.ERPB Review.The Environmental Review and Preservation Board
(ERPB)shall review and recommend approval,disapprovalor
modification onallsiteplans,projectsand specifications relatingto
applications for newtelecommunicationtowersand antennas,and
modifications to existing towersandantennas.The ERPB's review
shall include,butnotbe limited to,those design criteria specifically
enumeratedbythisordinanceandallotherapplicablecriteria,as
outlined by the Land Development Code.
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Page 7 of Ordinance No.24-98-167.2
5.Height.Alltowersshallbeaslowin height as technologically and
economically feasible,provided thatnotowershallexceed 125 feet
in height.
6.Setbacks.Towers must be setback a minimum distance of 110%of
the height ofthe telecommunications tower from the property line.
This requirement may be waived bythe City Manager,atthe
direction of theCity Commission,withrespecttostealth towers.
7.Inventory of ExistingSites.EachapplicantshallreviewtheCity's
inventory of existing telecommunications towers,antennas,and
approved sites.All requests for sites shall include specific
information aboutthe proposed location,heightanddesignofthe
proposed telecommunications tower,structure,or state of the art
technology that does not require the use of new telecommunications
towers,ornew structures can accommodate,orbe modified to
accommodate,the applicant's proposed antenna.Evidence
submittedtodemonstratethatnoexisting telecommunications tower,
structureorstate of theart technology issuitableshallconsist of any
of the following:
a.Anaffidavitdemonstratingthattheapplicantmadediligent
efforts toseek permission to install or collocate theapplicant's
telecommunications facilitieson City-owned telecommunications
towersorusableantennasupportstructureslocatedwithina %
mileradius of theproposedtelecommunicationstowersite.
b.Anaffidavitdemonstratingthattheapplicantmadediligent
effortstoinstallorcollocatethe applicant's telecommunications
facilitiesontowersoruseable antenna support structures owned
byother persons located within a Vi mile radius ofthe proposed
telecommunications tower site.
c.An affidavit demonstrating that existing towers or structures
locatedwithinthegeographicsearchareaasdeterminedbya
radio frequency engineerdonothavethecapacitytoprovide
reasonable technical service consistent with the applicant's
technicalsystem,includingbutnotlimitedto,applicableFCC
requirements.
d.Existingtowersorstructuresthatarenot of sufficientheightto
meet applicable FCC requirements.
e.Existingtowersorstructuresdonothavesufficientstructural
strengthtosupport applicant's proposedantennaandrelated
equipment.
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Page8 of Ordinance No.24-98-1672
f.The applicant's proposed antenna would cause electromagnetic
or radio frequency interference withthe antenna ontheexisting
towers or structures,or the antenna on the existing towers or
structurescouldcauseinterference with the applicant's propose'd
antenna.
g.The fees,cost,or contractual provisions required bythe owner in
ordertoshareanexisting telecommunications towerorstructure
orto adapt an existing telecommunications tower or structure for
sharing are unreasonable["unreasonable"means acostin excess
of the cost to construct a new telecommunications tower].
h.The applicant demonstrates that there are other limiting factors
thatrenderexistingtowersand 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 thatexceednew telecommunications toweror
antenna development shall notbyitselfbe presumed to render
the technology unsuitable.
j.Any additional information required bythe 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,theCitymay hire
the appropriate professionals to assess the submitted evaluation
atthe applicant's expense.
Thisinformationispublic record.TheCitydoesnotwarrantor
represent that the information is accurate orthatthe sites ar.e
available or suitable.
)
8.Engineering Report.All applicants for new towers and antennas,or
for towers and antennas which are to be modified or reconstructed to
accommodate additionalantennas,orfor which aspecial use is
required,must present a certified report bya professional engineer,
which shall include the following:
a.Asite plan which includes,without limitation,a legal description
of the parent tract and leased parcel,if applicable;on-siteand
adjacent land uses and zoning classifications;and,avisual
impact analysis andphoto digitalization of the
telecommunications tower andall attachments including
associatedbuildingsandequipmentcontainers,close-upandat
distances of 250feetand500feetfromall properties within that
range,oratotherpoints agreed uponina pre-application
conference.
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Page9 of Ordinance No.24-98-1672
b.An analysis of any additional impacts on adjacent properties.
c.If applicable,a narrative of whythe proposed.
telecommunications tower cannot comply with the requirements
as stated in this Section.
d.Type of telecommunications tower and specifics of design.
e.Current wind-loading capacity and projection of wind-loading
capacity using different types of antennas as contemplated by the
applicant.No telecommunications tower shall be permitted.to
exceeditswind loading capacity as provided for bytheSouth
Florida Building Code.
f.A statement of non-interference,which statesthatthe
construction and operation of the tower,including reception and
transmission functions,willnotinterferewithpublicsafety
communication,orwiththevisualandcustomarytransmission or-
reception of radio,television,or similar services,as well as other
wireless services enjoyedby adjacent properties.*t .
g.A statement of compliance with all applicable building codes,
associated regulations and safety standards as provided herein.
For alltowers attached toexisting structures,thestatement shall*
includecertificationthatthestructurecansupporttheload
superimposed bythe telecommunications tower.Except where
provided herein,all towers shall have the capacity to permit
multiple users;ata minimum,monopole towers shall be able to
accommodate 2 users.
h.Any additional information deemedbytheCitytobe necessary
toassesscompliancewiththisOrdinance.
Collocation.Pursuant to the intent of this Ordinance,collocation of
telecommunication antennasbymorethanoneprovideron existing
telecommunication towersshalltake precedence overthe
construction of new telecommunication towers.Accordingly,in
additiontosubmittingtheinformationrequiredbySection20-
10.4(C)(7),each applicant shall complywiththebelow criteria:
a.Each application shallincludeawrittenreportcertifiedbya
professional engineer,stating:
i.thegeographicalservicearea requirements;
ii.mechanical orelectrical incompatibility;
iii.anyrestrictionsorlimitations of theFCCthat would preclude
the shared use of the telecommunication tower;and
iv.anyadditionalinformationrequired by theCity.
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Page10 of Ordinance No.24-98-1672
b.To encourage a reduction inthenumber of towersthatmaybe
required tosite antennas in order tomeettheCity's increasing
demand for wireless service,new towers shall be structurally
designed to accommodate the collocation of antennas as follows:
i.All towersover80feetandupto125feetin height shallbe
structurally designed to accommodate at least two providers.
10.Incentive for Use of Existing Structures.Pursuant totheintent of
this Ordinance,theCity shall provide thefollowingincentivesto
service providers:
a.Thereview of all applications submittedby providers seekingto
collocateonapre-existingtelecommunicationstowerortorent
space ona proposed new telecommunications tower,shall be
completed bytheCityno more than 30 days following the filing
of a completed application,provided thatthe application does not
requirespecialuse approval.
b.Thereview of all applications submittedby providers for the
placement of antennas on existing structures shall be completed
bytheCityno more than 30 days following the filing of a
completed application,provided thatthe application does not
requirespecialuse approval.
11.Aesthetics.Towers and antennas shall meet the following
requirements:
a.All applications for the installation of new towers,antennasor
accessory equipment buildings,orthemodification of existing
towers,antennasoraccessory equipment buildings shallbe
reviewed bytheERPBasprovidedinthisCode.
b.Towersshalleithermaintainagalvanizedsteelfinishor,if
allowedby FAA standards,shallbepaintedaneutralcolorto
reduce visual obtrusiveness.
c.Thedesign of accessorybuildingsandrelatedstructuresshalluse
materials,colors,textures,screening,and landscaping that will
blend them intothenatural setting and surrounding buildings to
minimize visualimpact,as determined by the ERPB.
d.All telecommunications tower sites must comply with any
landscapingrequirements of theCityLand Development Code
andallotherapplicableaestheticand safety requirements of the
City,andtheCity may requirelandscapingin excess of those
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Page11 of Ordinance No.24-98-1672
requirements in order to enhance compatibility with adjacent
residential and non-residential land uses.
e.If an antenna is installed on a structure other than a tower,the
antenna and supporting electrical and mechanical equipment
must be of acolorthatisneutral,identical to,or compatible with
thecolor of thesupporting structure,asdeterminedbytheERPB,
to make theantennaandrelated equipment as visually
unobtrusive as possible.
f.No signals,artificial lights or illumination shall be permitted on
any tower or antenna unless required bytheFAA.If lighting is
required,the lighting alternatives and design chosen must cause
theleastdisturbancetothesurrounding views.Tothe maximum
extent possible,lighting shall be oriented away from residential
districts.
12.Local.Stateor Federal Requirements.The construction,operation,
maintenance and repair of telecommunications facilities are subject
tothe regulatory supervision of the City,and shall be performed in
compliance with all laws and practices affecting the subject,
including,butnot limited to,the Land Development Code,building
code and safety codes.The construction,operation and repair shall
be performed ina manner consistent withthe applicable industry
standards,includingthe Electronic IndustriesAssociation.All
towers and antennas must meet or exceed current standards and
regulations of the FAA andtheFCC,including emission standards.
Theymustmeetthe requirements of all federal,state and local
government agencies withthe authority to regulate towersand
antennas priorto issuance of abuildingpermitbytheCity.If such
standardsandregulationsarechangedandrequireretroactive
application,thenthe owners of thetowersand antennas governedby
thisOrdinanceshallbringsuchfacilitiesintocompliance with such
revised standards and regulations within six months of their effective
date,unlessadifferentcompliancescheduleismandatedbythe
controllingagency.Failure tobringtowersand antennas into
compliance with such revised standards and regulations shall
constitute grounds for removal of the tower or antenna at the
owner's expense.
13.Building Codes&Safety Standards.
a.To ensurethestructural integrity of telecommunications towers,
the owner shall construct and maintain the telecommunications
tower incompliancewiththeSouthFlorida Building Code,and
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Page 12 of Ordinance No.24-98-1672
allother applicable codesand standards,asamended from time
to time.A statement shall be submitted to the City by a
professional engineer certifying compliance withthis subsection
upon completion of construction and,or,subsequent
modification.Where a pre-existing structure,includinglightand
power poles,is requested tobe used asa stealth facility,the
facility,and all modifications toit,shall comply with all
requirements,as provided in this Ordinance.Prior to issuance of
a building permit,the City may require the taking of soil borings
atthe proposed site,atthe expense ofthe applicant,to assist in
the professional analysis and review ofthe telecommunication
tower's foundationin order to evaluate the design of the
foundation,
b.The City reserves the right to conduct periodic inspection of
telecommunications towers to ensure structural and electrical
integrity.If,upon inspection,theCity concludes thata tower,
fails to comply withany building or safety codes and industry
construction or maintenance standards,or constitutes a danger to
persons or property,then upon notice,the owner ofthe tower
shallhave30daystobringthetowerintocompliance.Failureto
bring the tower into compliance within 30 days from receipt of
notice shall constitute grounds for imposing a fine and fcfr
removal of the tower or antenna at the owner's expense.
14.Signage.No signs,including commercial advertising,logo,political
signs,flyers,flags,or banners,whether ornot posted temporarily,
shallbe permitted onanypartofan antenna or telecommunication
tower,exceptfor warning,dangerorothersignsdesignedto
maintainpublicsafetyand Federal,State,or Municipal Flags located
onastealthfacility designed tolooklikeaflagpole.
15.Measurement.Forpurposes of measurement,telecommunication
towersetbacksandseparationdistancesshallbecalculatedand
applied to facilities located intheCity irrespective of municipal and
county jurisdictional boundaries.
16.Not Essential Services.Towers and antennas shall be regulated and
permittedpursuanttothisOrdinanceandshallnotberegulatedor
permittedasessentialservices,publicutilitiesorprivateutilities.
17.Franchises and Licenses.Ownersand,or,operators of towers or
antennasshallcertifythatallfranchisesandlicenses required bylaw
forthe construction oroperation of a wireless telecommunication.
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Page 13 of Ordinance NO.24-98-1672
system inthe City have been obtained and shall file a copy ofall
such franchises and licenses with the City.
18.Inspections:Reports:Fees.
a.Telecommunication tower owners shall provide written
certification totheCity every twoyears confirming the structural
and electrical integrity ofthe installation.The certification shall
be signed andsealedbyaprofessionalengineer.
b.The City may conduct periodic inspection of telecommunications
towers,attheowner's expense,to ensure structural and electrical
integrity and compliance with the provisions of this Ordinance.
The owner of the telecommunications tower maybe required by
the City to have more frequent inspections should there bean
emergency,extraordinary conditions or other reason to believe
that the structural and electrical integrity of the
telecommunication towerisjeopardized.Thereshallbea
maximum of oneinspectionperyearunlessemergencyor
extraordinary conditions warrant additional inspections.
19.Bonding.The owner of a telecommunications tower shall,prior to
commencing construction,postabond equal toan amount no less
than$25,000,whichbondshallbepostedtoinsuretheobligation
identified in Section 20-10.10.
20-10.5Uses Requiring Administrative Approval
(A)The following uses may be approved bythe City Manager [orthe
Manager's designee]after the ERPB,or the City Commission per Section 20-6.2,has
recommended approval:
1.Stealth Facilities.
a.Stealthrooftoporbuildingmountedantennas,notexceeding25
feetabovethe roofline and 10 feet above the maximum height of
theapplicablezoningdistrict,shallbepermittedasanaccessory
useinthe following zoning districts:
MO Medium-Intensity Office
SR Specialty Retail
TODD Transit-Oriented Development District
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Page14 of Ordinance No.24-98-1672
b.Stealthtowersnotexceeding 125 feetinheightshallbepermitted
asa principal or accessory useinthe following zoning districts:,
MO Medium-Intensity Office
SR Specialty Retail
TODD Transit-Oriented Development District
c.Astealthtowerandantenna designed tolooklikealightpole
may replace a light pole,which existed before the adoption of
this Ordinance,located inthePR district,provided thattheheight
of thestealthtowerandantennadonotexceedtheheight of the
existing lightpolebymorethanten (10)feet.
d.Upon receipt of the appropriate application,the City Manager,at
hisorhersolediscretion,willdeterminethe application's
consistency withthe definition ofastealth facility.
2.Non-Stealth Facilities.
a.Non-Stealth antennasmountedto buildings orrooftops,not
exceeding 15 feet above the roofline and 5 feet above the
maximum height ofthe applicable zoning district,shall be
permitted asan accessory use inthe following zoning districts:
MU-5/TODD Transit-Oriented Development District
b.Any non-stealth building or rooftop antennas approved
administratively shall onlybe permitted on buildings in excess of
40 feet in height.
20-10.6Uses Requiring Special Use Approval:
(A)The following usesmaybe approved pursuant tothe special use process,as
regulated bytheLand Development Code:
1.Stealth Facilities.
a.Stealthrooftoporbuildingmountedantennas,notexceeding25
feet above the roofline and10feet above the maximum height of
theapplicablezoningdistrict,shallbepermittedasanaccessory
usepursuanttospecialuseapprovalinthefollowingzoning
districts:
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Page 15 of Ordinance No.24-98-1672 '
RM-24 Medium Density Multi-Family
PI Public/Institutional
LO Low Intensity Office
GR General Retail
H Hospital
PUD Planned Unit Development
b.Stealth towers not exceeding 125 feet in height shall be permitted
as a principal or accessory use pursuant to special use approval in
thefollowing zoning district:
PI Public/Institutional
c.Stealth towers not exceeding 125 feet in height shall be permitted
as an accessory use pursuant to special use approval in the
following zoning districts:
H Hospital
PUDPlanned Unit Development
d.Upon receipt of the appropriate application,the City Manager,at
hisorhersolediscretion,willdeterminetheapplication's
consistency withthe definition of a stealth facility.
e.Residential Planned Unit Developments shall notbea permitted
location for telecommunication facilities.
2.Non-Stealth Facilities.
a.Non-Stealth antennas mounted to buildings or rooftops,not
exceeding 15 feet above the roofline and5 feet above the
maximumheight of the applicable zoning district,shall be
permitted as an accessory use pursuant to special use approval in
the following zoning districts:
RM-24 Medium Density Multi-Family
MO Medium-Intensity Office
SR SpecialtyRetail
MU-4/MU-5/TODDTransit-Oriented Development District
PI Public/Institutional
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Page 16 of Ordinance No.24-98-1672
b.Any non-stealth building or rooftop antennas permitted pursuant
to special use approval shall only be permitted on buildings in
excess of 30feetin height.
c.Monopoles not exceeding 125 feet in height may be permitted in
the following zoning districts pursuant to special use approval:
PI Public/Institutional
20-10.7 Procedure for Special Use.
Any of the permitted special uses in this Article may be approved and permitted
by the City Commission at a public hearing,upon an affirmative vote of four of the
Commissioners,after a recommendation by the Planning Board,provided that the use
complies with the requirements of this Article,Section 20-3.4(A),entitled "General
Requirements,"Section 20-5.8,entitled "Special use approvals,"and any other
requirements and conditions the City Commission may consider appropriate and
necessary.
20-10.8 Prohibitions and Exceptions.
(A)The location ofa new antenna in any zoning district other than those
districts specified in this section shall be prohibited,except as specified below:
1.Antennaandormicrowavedishesmaybelocatedon franchised utility
poles or poles owned by the City pursuant to the following regulations:
a.Specialuse approval shallbe required.
b.Theutilitypolesshallbe located withinpublic easements or
publicrights-of-way.
c.Feesrelatedtoutilitypoleinstallation:
(1)Alicenseapplicationfeeshallbepaid
(2)An Engineering permitfeeshallbepaid if thepoleis
replaced to accommodate telecommunications equipment.
d.Theantennaand,or,dishshallbe of asizeand placement thatis
structurally compatible withthe engineering design of thepole
pursuant tothe South Florida Building Codeand certified bya
professional engineer.
e.The antenna or dish shall not extend more than 10 feet above the
existingpole height.If thepoleisreplacedtowithstandthe
addition of telecommunications equipment,thenthesame
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Page 17 of Ordinance No.24+98-1672
restrictionshallapplyexceptthattheutilitypolemaybe10feet
higher thantheadjacentpoleheights.
f.Placement of an antenna and,or,a dish ona utility pole shall
onlybeonpoles owned or operated byacity franchisee orthe
City.
g.No commercial advertising shallbeallowedontheantennaor
dish.
20-10.9 Accessory Equipment Building.
Accessory equipment buildings used in conjunction with the operation arid
maintenance of antennas shallbe permitted subject tothe following requirements:
(A)ERPBreviewisrequired.
(B)Must conform to the applicable zoning district's dimensional standards.
(C)If the site is already occupied by a principal building,the provider shall
attempt to utilize the existing building for its antenna-related equipment.If the provider is
unable tousethe existing building,it must provide a report tothe City describing the
reasonswhichdisallowitfromusingtheexistingbuilding.
(D)Shall be designed,constructed,and installed in compliance with this Code,
theSouthFloridaBuildingCode,andallotherapplicablecodes.
20-10.10 Removal of Abandoned Telecommunication Facilities.
(A)Atthetimeof building permit application,the applicant shallenterintoa
contractually enforceable agreement with theCitythat requires the applicant,orthe
owner ofthe facility,to remove the telecommunication tower structure,athisorhersole
cost,uponits abandonment.
(B)Inthe event the approved use ofa telecommunication tower has been
discontinued fora period of 180 consecutive days,thetower shall be deemed tobe
abandoned.Determination of thedate of abandonment shall be made by the City
Manager,who shall have the power to request documentation and,or,affidavits from the
owner regarding theuse.
(C)The City Manager shall provide the owner with written notice,by certified
mail,ofan abandonment determination.The failure or refusal bythe owner to respond
Page17 of 18
Page18of Ordinance No.2-"--98-1572
within60daysofreceiptofthe notice shall constitute primafacie evidence thatthe
telecommunication tower has been abandoned.'•
(D)If the owner fails to respond or fails to demonstrate that the tower is not
abandoned,the City Manager shall render a finding that the tower is abandoned and the
owner of the antenna shallhaveanadditional120days within whichto(i)reactivate the
use of thetowerortotransferthetowertoanotherownerwhomakesactualuse of the
tower within the time period,or (ii)dismantle and remove the tower.At the earlier of
121 days from the dated of the entry ofa finding of abandonment,without reactivation,
or upon completion of dismantling and removal,any special use approval shall
automatically expire.
SECTION 3.If any section,clause,sentence,or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction,this holding
shallnotaffectthevalidity of theremainingportions of thisordinance.
SECTION 4.All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECTION5.Thisordinanceshalltakeeffectimmediatelyatthetime of itspassage.
PASSED AND ADOPTED this 17th day of November,1998.
ATTEST:APPROVED:
MAYOR
READ AND APPROVED AS TO FORM:COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell
CITY ATTORNEY
<0A~
1st Reading:11/3/98
2nd Reading:11/17/98
Page18 of 18
5-0
Yea
Yea
Yea
Yea
Yea
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:MayorandCity Commission Date:November 13,1998
From:Charles D.Scurr
CityManager
REQUEST:
Agenda Item #
Re:Comm.Mtg.11/17/98
Second Reading:
Telecommunications Ordinance
,y
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
TELECOMMUNICATION FACILITIES;AMENDING CHAPTER 20 OF
THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY
DELETING SECTION 20-5.23(B),ENTITLED "MICROWAVE
ANTENNAS,"AND CREATING ARTICLE X,ENTITLED "SITING
REGULATIONS FOR TELECOMMUNICATION TOWERS AND
ANTENNAS;"PROVIDING FOR INTENT,DEFINITIONS,
APPLICABILITY,GENERAL REQUIREMENT AND MINIMUM
STANDARDS,PERMITTED USES,PROCEDURE FOR SPECIAL USE,
EXCEPTIONS,ACCESSORY EQUIPMENT BUILDING AND REMOVAL
OF ABANDONED TELECOMMUNICATION FACILITIES;PROVIDING
FOR ORDINANCES IN CONFLICT,SEVERABILITY,INCLUSION IN
THE LAND DEVELOPMENT CODE AND EFFECTIVE DATE.
BACKGROUND &ANALYSIS
AftertheCity Commission and Planning Board held the telecommunication workshop on September 28,
1998,it was evident thatmany issues needed tobe addressed before theCity would be able to adopt an
appropriate ordinance.Therefore,the decision wasmadetoextendthe moratorium through December.
The additional timeprovidedbythe moratorium extension enabled the Planning Board toholdsomevery
productive workshops with citizens,industry representatives andstaff.Asa result,the Planning Board
andstaffwereabletoidentifytheneeds of industryprovidersandcitizens,allowingthecreationofa
proposedordinance,whichstrivestostrikeapositivebalanceforallinvolvedparties.
Theproposedordinancewouldenablethe telecommunication providerswhoparticipatedintheCity's
workshopstolocatetheirnecessaryfacilitiesintheCity,whileonlyallowing"non-invasive"facilities.
Theordinancerequiresproviderstoutilizenon-invasivefacilitiesbylimitingthetypes of allowed
City Manager's Report:TelecommunicationTowerOrdinance
facilities and limiting the number of allowed locations.It also encourages the most non-invasive facilities
by allowing thesetobe approved administratively.
Telecommunication towers often impact communities because of their aesthetic incompatibility with their
surroundings.This is largely a function of their size and location.The proposed ordinance limits the
types of allowed facilities and locations.The ordinance would only allow antennas tobe attached to
buildings,stealth towers and,in limited circumstances,monopole towers.Lattice towers and guy'ed-
towers would not be permitted at all under the proposed ordinance.Additionally,in areas such as parks,
facilities are only allowable where there are currently existing light poles which could be replaced by a
new light pole no more than 10 feet higher than the existing light pole.
The ordinance allows for a very limited number and type of facilities to be approved administratively.
Administrative approval can be an important tool when used correctly because it allows the City to steer
applicants towards constructing a limited number and type of facility that the City,through this very
extensive public process,has determined to be acceptable.This will provide a strong incentive for
applicants to provide these types of facilities rather than go through a very long process for larger and
more potentially objectionable facilities.
The public workshop process has allowed the Planning Board and staffto identify the "Lowest Common
Denominator"(LCD),which,inthis case,represents types of telecommunication facilities which the
majority of people can agree upon.The proposed ordinance would only allow the City Manager to
approve the following types of applications:(1)stealth facilities in the Medium-Intensity Office District,
the Specialty Retail District,and TODD;(2)the replacement of an existing light pole in a park with a
stealth tower and antenna designed to look like a light pole;and (3)building mounted antennas in the
MU-5 sub-category of the TODD.The City Manager could only approve the above types of facilities if
theymetall of theother applicable requirements of the ordinance,suchasERPBreview and
recommendation for approval.Any other facilities would be approved bytheCity Commission after the
full special use process including public hearing.Inno instance woulditbe allowable toconsideror
approve alattice tower or guyed-tower.
The City has attempted to protect the quality of life in South Miami,while complying with Federal laws
andregulationsthatrequireustopermit telecommunications facilities.
On November 10,1998,the Planning Board voted 6:0 to recommend approval of the proposed ordinance.
During the public hearing,the Board discussed two typographical errors on page 13 of 18 and page 14 of
18.The Board also discussed language on line 28,page 16 of 18,regarding occupational license tax.
Mark Ciarfella,representative of Sprint PCS,warned the Board that this language has been successfully
challenged in other municipalities.Therefore,the City Attorney is investigating the issue and will advise
staff and the Commission.
Approval is recommended.
Attachment:
ProposedOrdinanceforsecondreading
City Manager's Report:TelecommunicationTowerOrdinance