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PART 15. COMMUNICATION ANTENNAS AND COMMUNICATION TOWERS

656.1501 Legislative findings, intent and purpose. The city has on numerous occasions and with increasing frequency been confronted with requests to site communication towers. Prior to the adoption of this ordinance, the Zoning Code contained no provisions specifically related to siting communication towers. It is the intent of this Part 15 to promote the health, safety and general welfare of the citizens by regulating the siting of communications tower. Accordingly, the City Council finds that the promulgation of this ordinance is warranted and necessary to accomplish the following purposes:

 

(a) To direct the location of communication towers within the city;

(b) To protect residential areas and land uses from potential adverse impacts of communication towers;

(c) To minimize adverse visual and aesthetic impacts of communication towers through careful design, siting, landscape screening, and innovative aesthetic mitigation;

(d) To accommodate the growing need for communication towers;

(e) To promote and encourage shared use/co-location of existing and new communication towers as the preferred option rather than construction of additional single-use towers;

(f) To consider the public health and safety of communication towers;

(g) To avoid or minimize potential damage to adjacent properties, from the perspective of public safety, from tower failure through engineering and careful siting of tower structures.

 

 History.—Ord. 96-305-296, s. 1. 656.1502 Definitions. For purposes of this Part, definitions provided for in Part 16 shall apply, and the following words and terms are defined as follows:

 

Communication antenna means an antenna, appurtenant to a structure, designed to transmit and/or receive communications authorized by the Federal Communications Commission (FCC).

Communication tower means a principal structure which is principally intended to support communication equipment for telephone, radio and similar communication purposes. The term "communication tower" shall not include towers utilized by amateur radio operators not licensed by the Federal Communications Commission (FCC). Communication towers are generally described as either monopole (free standing), lattice (self-supporting), or guyed (anchored with guy wires or cables).

Tower site means a parcel of land smaller than the minimum lot size required in the zoning district completely contained within a lot meeting the requirements of the zoning district for the purposes of locating a communication tower.

History.—Ord. 96-305-296, s. 1.

656.1503 Applicability; use of existing structures.

 

 (a) All new communication towers in the city, including those located on governmental property, shall be subject to these zoning regulations and all other applicable building and construction codes. In the event of any conflict between the zoning district regulations and the regulations contained in this Part 15, the provisions of this Part 15 shall override and supersede such other regulations unless otherwise specifically set forth herein.

(b) All communication towers existing on [June 27, 1996], (the effective date of this ordinance) shall be allowed to continue to be used as they presently exist. Routine maintenance (including its replacement with a new tower of like construction and height and modifications to accommodate the co-location of an additional user or users) shall be permitted on such existing towers. New construction, other than routine maintenance and modifications to accommodate co-location on an existing communication tower, shall comply with the requirements of this Part.

© For purposes of this Part, a communication tower that has received final approval in the form of either an exception or building permit, but has not yet been constructed, shall be considered an existing tower so long as such approval is valid and unexpired.

(d) No rezoning, zoning exception or variance shall be required to locate a communication antenna on an existing structure, provided however, that the communication antenna does not extend more than twenty feet above the existing structure. Such structures may include, but are not limited to, buildings, water towers, existing communications towers, recreational light fixtures and other essential public utility structures.

History.—Ord. 96-305-296, s. 1; Ord. 96-760-412, s. 1.

656.1504 Location on lot. A communication tower may be located on a lot utilized for other principal uses on a parcel smaller than the minimum lot size required in the zoning district. This parcel shall be considered as the "tower site." The tower site, but not the entire lot, shall be subject to all of the requirements of this Part 15, except as specifically provided herein.

 

History.—Ord. 96-305-296, s. 1. 656.1505 Minimum distance of communication towers from residential zoning districts; Commercial, Residential, Office Zoning Districts.

 

 (a) Regardless of the zoning district in which the communication tower is located, the minimum distance of the tower shall be not less than two hundred feet from the nearest residential lot line of any Residential Medium Density (RMD), Commercial, Residential, Office (CRO) or Residential High Density (RHD) Districts and not less than two hundred fifty feet from the nearest lot line of any Residential Low Density (RLD), Rural Residential (RR) District, the AGR IV land use category or any Residential Enclave Overlay Zone designated pursuant to Part 3, Subpart J. herein.

(b) Minimum distances shall be measured from the center of the base of the communication tower to the lot line of the applicable residential zoning district.

© Notwithstanding anything to the contrary in the Zoning Code, no communication tower other than a monopole (freestanding) tower shall be located in any residential zoning district including the AGR IV land use category.

History.—Ord. 96-305-296, s. 1; Ord. 96-810-482, s. 1; Ord. 96-810-482, s. 1.

656.1506 Maximum height. The maximum height of communication towers shall be:

 

(a) In all residential districts and the AGR IV land use category: one hundred fifty feet; and

(b) In all other zoning districts: Two hundred fifty feet.

 

 Measurement of communication tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel.

History.—Ord. 96-305-296, s. 1.

656.1507 Minimum yard requirements. There are no minimum yard requirements

for communication towers.

 

 History.—Ord. 96-305-296, s. 1. 656.1508 Illumination. Communication towers shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration.

 

History.—Ord. 96-305-296, s. 1.

656.1509 Finished color. Communication towers not requiring FAA painting/marking shall have either a galvanized finish or painted a dull blue, gray, or black finish.

 

 History.—Ord. 96-305-296, s. 1. 656.1510 Structural design. Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard, according to EIT/TIA 222-E Standards, to adjoining properties. Communication towers shall be constructed to the EIA/TIA 222-E Standards, as published by the Electronic Industries Association, which may be amended from time to time, and all applicable city building codes. Further, any improvements and/or additions (i.e., antenna, satellite dishes, etc.) to existing communication towers shall require submission of site plans sealed and verified by a professional engineer which demonstrate compliance with the EIT/TIA 222-E Standards in effect at the time of said improvement or addition. Said plans shall be submitted to and reviewed and approved by the Building and Zoning Inspection Division at the time building permits are requested.

 

History.—Ord. 96-305-296, s. 1.

656.1511 Fencing. A minimum six foot finished masonry wall or fence with not less than eighty-five percent opacity shall be required around all communication towers located in a residential or commercial zoning district; provided however, in all other zoning districts, the fence may be any type of security fence. Access to the tower shall be through a locked gate.

 

 History.—Ord. 96-305-296, s. 1. 656.1512 No advertising. Neither the communication tower nor the tower site shall be used for advertising purposes and shall not contain any signs for the purpose of advertising.

 

History.—Ord. 96-305-296, s. 1. 656.1513 Landscaping. The visual impacts of residentially or commercially located communication towers shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures.

 

 (a) The following landscaping and buffering of communication tower shall be required around the perimeter of the tower and accessory structures:

(i) A row of shade trees a minimum of eight feet tall and a maximum of ten feet apart shall be planted around the perimeter of the fence;

(ii) A continuous hedge at least thirty inches high at the time of planting, capable of growing to at least thirty-six inches in height within eighteen months, shall be planted in front of the tree line referenced above;

(iii) All required landscaping shall be of the evergreen variety;

(iv) All required landscaping shall be xeriscape tolerant or irrigated and properly maintained to ensure good health and vitality.

(b) Required landscaping shall be installed outside the fence or wall.

© The use of existing vegetation shall be preserved to the maximum extent practicable and may be credited as appropriate toward meeting landscaping requirements.

(d) These standards may be waived by the Chief for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view.

History.—Ord. 96-305-296, s. 1.

656.1514 Nonconforming communication towers. To the extent set forth herein, the restrictions on nonconforming uses and structures contained in Part 7 are modified and supplemented by this section. Bona fide nonconforming communication towers or antennas that are damaged or destroyed may be rebuilt and all such towers or antennas may be modified or replaced without meeting the minimum distance requirements specified in s. 656.1505 hereinabove. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the tower shall comply with the applicable city codes and shall be obtained within one hundred eighty days from the date the tower is damaged or destroyed. If no permit is obtained or if said permit expires, the communication tower shall be deemed abandoned as specified in s. 656.1515 hereinafter.

History.—Ord. 96-305-296, s. 1.

656.1515 Abandonment. In the event the use of any communication tower has been discontinued for a period of one hundred eighty consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Chief, based upon documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon the Chief’s determination of such abandonment, the owner/operator of the tower shall have an additional one hundred eighty-five days within which to: (i) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower, or (ii) dismantle and remove the tower. At the earlier of one hundred eighty-five days from the date of abandonment without reactivation or upon completion of dismantling and removal, any exception and/or variance approval for the tower shall automatically expire.

 

History.—Ord. 96-305-296, s. 1.

656.1516 Certification of Compliance with Federal Communication Commission

(FCC) NIER Standards. Prior to receiving final inspection, adequate proof shall be submitted to the Building and Zoning Inspection Division documenting that the communication tower complies with all current FCC regulations for non-ionizing electromagnetic radiation (NIER) and that the radio frequency levels meet the American National Standards Institute (ANSI) C95 guidelines for public safety.

History.—Ord. 96-305-296, s. 1.

656.1517 Supplemental information required for applications for zoning exceptions and variances. The following information shall be included with all applications for zoning exceptions and variances. The applicant may use any combination of site plans, surveys, maps, technical reports or written narratives necessary to convey the following information:

 

(a) A scaled site plan clearly indicating the tower site, type and height of the proposed tower, the location of the accessory building, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, distances from property lines, elevation drawings of the proposed tower, and any other proposed structures;

(b) A current zoning or tax map or aerial, as maintained by the Duval County Property Appraisers Office, showing the location of the proposed tower;

(c) A legal description of the parent tract and tower site (if applicable);

(d) If the proposed tower site meets the required minimum distance from residentially-zoned lands, approximate distance between the proposed tower and the nearest residential dwelling, platted residentially zoned properties, or unplatted residentially zoned properties. If the proposed tower site does not meet the minimum distance requirements, then exact distances, locations and identifications of said properties shall be shown on an updated zoning or tax map;

(e) A landscape plan showing specific landscape materials;

(f) The method of fencing, finished color and, if applicable, the method of aesthetic mitigation and illumination.

(g) If the applicant is not co-locating (sharing space) on the proposed communication tower of another communications provider, evidence that it has made diligent but unsuccessful efforts to co-locate its antenna and associated equipment on an existing structure;

(h) The written consent by the applicant that any such exception or variance shall be conditioned upon requiring the applicant to (1) construct the proposed communication tower so as to provide sufficient excess capacity over the initial loading and (2) permit at least one other comparable communication provider to use the proposed tower where feasible and subject to reasonable terms. The term "where feasible" as it applies to co-location, means that utilization of a tower by another party would, at the time of such utilization, comply with sound engineering principles, would not materially degrade or impair the communication tower’s utilization by existing users, would not unduly burden the tower structurally, and would not otherwise materially and adversely impact existing users. Reasonable terms for use of a communication tower that may be imposed by the owner include a requirement for reasonable rent or fees, taking into consideration the capitalized cost of the communication tower and land, the incremental cost of designing and constructing the tower so as to accommodate additional users, increases in maintenance expenses relating to the tower and a fair return on investment, provided such amount is also consistent with rates paid by other co-locators at comparable tower sites; and

(i) With respect to variances only, certification by a Florida licensed engineer that the proposed communication tower is reasonably necessary to serve an adjacent or nearby residential area or areas.

 

 History.—Ord. 96-305-296, s. 1; Ord. 96-760-412. s. 2. 656.1518 Supplemental exception standards and criteria for communication towers. In addition to meeting the requirements set forth in s. 656.131©(1)(i), (viii) and (ix) of the Zoning Code, the following supplemental standards and criteria shall also apply to all applications for exceptions for communication towers:

 

(a) The communication tower will be compatible with the existing contiguous uses or zoning and compatible with the general character and aesthetics of the neighborhood or the area, considering the design and height of the communication tower, the mitigating effect of any existing or proposed landscaping, fencing or other structures in the area, the proximity of the communications tower to existing or proposed buildings or structures, and similar factors;

(b) The communication tower will not have a significant detrimental impact on adjacent property values.

 

History.—Ord. 96-305-296, s. 1. 656.1519 Variance standards and criteria for communications towers.

 

Notwithstanding any other variance criteria in the Zoning Code, with respect to action upon applications for zoning variances from the minimum distance required pursuant to s. 656.1505, the Commission shall grant a variance only if it finds from a preponderance of the evidence that the variance meets the following standards and criteria:

(a) The location of existing uses, structures or other features on or adjacent to the property create a need for the variance;

(b) The variance sought is the minimum necessary to address the need for the variance, subsequent to exploring all reasonable siting alternatives.

(c) The location of the proposed communication tower in relation to existing structures, trees, and other visual buffers shall minimize, to the greatest extent reasonably practicable under the circumstances, any impacts on affected residentially-zoned property;

(d) The location of the communication tower will not have a significant detrimental impact on adjacent property values.