§ 23-354. Tower and telecommunication facilities.

Sec. 23-354.1 Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section:

Accessory use means a building, structure or use on the same lot and of a nature customarily incidental and subordinate to the principal building or use.

Administratively approved uses means specific uses listed in section 23-354.5 of this article which require an administrative review by the city.

Alternative tower structure means a man-made tree, clock-tower, church steeple, light pole or similar alternative-design mounting structure that camouflages, conceals, or minimizes the presence of an antenna or tower.

Antenna means any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

Application means all written documentation, verbal statements and representations in whatever form made by the applicant to the city concerning a request by the owner of the property within the city (or his agent) to develop, construct, build, modify or erect a tower and telecommunications facilities upon such property.

Co-location means the use of a single structure or mount to support the antennas of more than one (1) communications service provider.

Existing towers and antennas means any tower and/or antenna, either inside or outside the city limits, existing on the effective date of this ordinance.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or structure.

Land use classification means a land use classification as defined in the adopted City of Lake Wales Comprehensive Plan.

Monopole tower means a tower consisting of a single pole or spire self-supported by a permanent foundation and constructed without guy wires and ground anchors.

Nonconforming towers and antennas means any existing tower, antenna or antenna structure that does not comply with this ordinance at the time of adoption.

Occupied means utilized as a dwelling unit or as a place to conduct commercial, industrial, professional, institutional or governmental activities on a regular and consistent basis.

Permitted uses means specific permitted uses as listed in section 23-354.4 of this article.

Principal use means the building(s) or structure(s) containing the principal use of the lot.

Public thoroughfare means any vehicular or pedestrian way that (1) is an existing state, county or municipal roadway; or (2) is shown upon a plat approved pursuant to law; or (3) is approved by other official action; or (4) is shown on a plat duly filed and recorded in the office of the county recording officer; and includes the land between the street lines, whether improved or unimproved.

Telecommunications facilities means any cables, wires, lines, wave guides, antennas or any other equipment or facilities associated with the transmission or reception of telecommunications. However, the term telecommunications facilities shall not include any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned industrial or commercial or any satellite earth station antenna one (1) meter or less in diameter, regardless of zoning or land use classification.

Tower means only a monopole tower and includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and the like.

Sec. 23-354.2 Applicability.

a. The provisions of the City of Lake Wales Tower and Telecommunications Facilities Regulations shall apply throughout the corporate limits of the City of Lake Wales except as specifically provided in paragraphs (b) and (c) of this section.

b. The provisions of these regulations shall not apply to any tower or the installation of any tower that is under seventy (70) feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.

c. The provisions of these regulations shall not apply to communication towers or antennas, approved by the city, which are owned or operated by a governmental agency or political subdivision and primarily used for public health and safety.

Sec. 23-354.3 Prohibitions. The following are prohibited within the city limits of Lake Wales, unless otherwise specified by this ordinance:

a. Self-supporting lattice and guy towers.

b. All uses not specified in this ordinance as permitted, administratively approved, or special exception uses.

c. Towers in the Burns Avenue/Bok Tower viewshed protection area.

d. Telecommunication facilities in the CON future land use classifications.

(Ord. No. 2007-02, § 10, 3-6-07)

Sec. 23-354.4 Permitted uses.

a. Towers and telecommunications facilities are deemed to be permitted uses as follows:

1. IND, LCI, PUB and BPC land use classifications.

A. The construction of a monopole tower up to one hundred sixty-five (165) feet in height, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, is permitted. A monopole tower one hundred sixty-five (165) feet in height shall be engineered and constructed (certified by a registered professional engineer) to accommodate a minimum of two (2) additional service providers. In order to be permitted for the maximum one hundred sixty-five-foot height, the applicant must submit at the time of application, evidence demonstrating that two (2) additional service providers will utilize the monopole tower which is the subject of the application.

B. The construction of a monopole tower up to one hundred forty-five (145) feet in height, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, is permitted. A monopole tower one hundred forty-five (145) feet in height shall be engineered and constructed (certified by a registered professional engineer) to accommodate a minimum of one (1) additional service provider. In order to be permitted for the maximum one hundred forty-five-foot height, the applicant must submit at the time of application, evidence demonstrating that one (1) additional service provider will utilize the monopole tower which is the subject of the application.

C. A single service provider may be permitted for construction of a monopole tower up to one hundred twenty-five (125) feet in height, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna. A monopole tower up to one hundred twenty-five (125) feet in height shall be engineered and constructed (certified by a registered professional engineer) to accommodate a single service provider.

2. Non-residential land use classifications.

A. The installation of an antenna on any existing tower is permitted so long as the addition of said antenna adds no more than twenty (20) feet to the height of the existing tower and provided that such installation shall not include the placement of additional buildings or other supporting equipment used in connection with said antenna.

B. The installation of an antenna on an existing structure other than a tower (such as a building, light pole, water tower, or other free-standing non-residential structure) that is fifty (50) feet in height or greater is permitted so long as said antenna adds no more than twenty (20) feet to the height of the existing structure.

b. The telecommunications facilities listed in this section are deemed to be permitted uses and shall not require an administrative review. All applicants seeking to install or construct new facilities must obtain all necessary local, state, and federal permits and must satisfy the requirements of this ordinance.

(Ord. No. 2007-02, § 10, 3-6-07)

Sec. 23-354.5 Administratively approved uses.

a. The following may be permitted upon administrative review and approval in RAC, CAC, NAC, GC, RO, DD, HDR, MDR, and RR land use classifications:

1. The installation of an antenna on an existing structure other than a tower (such as a building, light pole, water tower, or other free standing nonresidential structure) that is less than fifty (50) feet in height may be administratively approved so long as said antenna adds no more than twenty (20) feet to the height of the existing structure.

2. The installation of an antenna on an existing tower of any height and the placement of additional buildings or other supporting equipment used in connection with said antenna may be administratively approved so long as said antenna adds no more than twenty (20) feet to the height of the existing tower.

3. The installation of any alternative tower structure or camouflaged antenna that blends in with the natural environment may be administratively approved provided the following requirements are met:

A. An alternative tower or camouflaged antenna shall not create additional visual obtrusiveness.

B. An alternative tower or camouflaged antenna shall not make the "host" structure taller than other similar objects in the natural environment.

C. Man-made tree towers shall be designed to resemble a species native to Central Florida and shall be placed in a non-conspicuous location.

D. Section 23-354.7 of this article shall apply to alternative tower structures.

b. The city shall consider the following factors in determining whether to issue an administrative approval:

1. Height of the proposed tower.

2. Proximity of the tower to residential structures and residential district boundaries.

3. Nature of uses on adjacent and nearby properties.

4. Surrounding topography.

5. Surrounding tree coverage and foliage.

6. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

7. Proposed ingress and egress.

8. Availability of suitable existing towers and other structures in accordance with section 23-356.7 of this article.

c. All applicants seeking to install or construct new facilities must obtain all necessary local, state, and federal permits and must satisfy the requirements of this ordinance.

Sec. 23-354.6 Special exception uses.

a. Special exception review and approval shall occur in accordance with section 23-216 of these land development regulations. The following may be permitted upon special exception review and approval in the Low Density Residential land use classification:

1. The installation of an antenna on an existing structure other than a tower (such as a building, light pole, water tower, or other free-standing non-residential structure) that is less than fifty (50) feet in height may be permitted upon special exception review and approval so long as said antenna adds no more than twenty (20) feet to the height of the existing structure.

2. The installation of an antenna on an existing tower of any height and the placement of additional buildings or other supporting equipment used in connection with said antenna may be permitted upon special exception use and approval so long as said antenna adds no more than twenty (20) feet to the height of the existing tower;

b. The city shall consider the following factors in determining whether to issue a special exception use approval:

1. Height of the proposed tower.

2. Proximity of the tower to residential structures and residential district boundaries.

3. Nature of uses on adjacent and nearby properties.

4. Surrounding topography.

5. Surrounding tree coverage and foliage.

6. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

7. Proposed ingress and egress.

8. Availability of suitable existing towers and other structures in accordance with section 23-354.7 of this article.

c. All applicants seeking to install or construct new facilities must obtain all necessary local, state, and federal permits and must satisfy the requirements of this ordinance.

Sec. 23-354.7 Administration, documentation, and co-location.

a. Permits and fees. It shall be unlawful for any property owner, contractor or communications service provider to erect, construct, alter or relocate within the city any communications facility without first obtaining a permit and making payment of the required fees.

b. Required documentation (all uses). Each applicant shall apply for a building permit and must provide the following information:

1. Site plan. A scaled site plan and a scaled elevation view with supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed necessary by the city to assess compliance with this ordinance.

2. Co-location statement. A statement of intent that co-locators will be permitted in cases where facilities are required or proposed to accommodate more than one (1) provider. The positions of anticipated co-locator antennas on the mount and the space provided for co-locator equipment shelters shall be shown on all site plans and elevations. A statement demonstrating compliance with the provisions of subsection 23-354.4(a)(1) in cases where facilities are required or proposed to accommodate more than one (1) provider.

3. Polk County Airport Zoning Regulations statement. A statement certifying that, as proposed, the facility complies with the Polk County Airport Zoning Regulations.

4. Existing structures report (new towers only). A report inventorying the available structures, including water towers and utility poles, within the applicant's search area which may serve as alternatives to the proposed tower. The report shall evaluate why the proposed facility cannot be accommodated on such existing structures.

c. Co-location. No new tower or antenna shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the administrative official that no existing tower or structure can accommodate the applicant's proposed tower or antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed tower or antenna may document any of the following:

1. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

2. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

3. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

4. The applicant's proposed antenna would cause electromagnetic 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.

Sec. 23-354.8 General requirements.

a. Height restrictions. Towers are exempt from the maximum building height restrictions of the zoning districts in which they are located. Towers shall be permitted to a height of one hundred twenty-five (125) feet except as otherwise provided in this section.

b. Aesthetics. The following regulations shall apply:

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. Towers not requiring FAA painting or marking shall have a galvanized finish or be painted a non-contrasting blue grey or black finish. The color should be selected so as to make the equipment as visually unobtrusive as possible.

2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

3. If an antenna is installed on a structure other than a 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 supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

c. Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable regulatory authority. If lighting is required, the city will review the available lighting alternatives and approve the design that will cause the least disturbance to the surrounding views.

d. Federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate communications towers and antennas.

e. Building codes and safety standards. To ensure the structural integrity of communications towers, the owner of a tower shall ensure that it is maintained in compliance with all standards contained in the applicable local building codes.

f. Signage. No commercial sign or advertising shall be permitted on a tower or supporting facilities unless otherwise required by law. This prohibition shall not apply to "no trespassing" signs.

g. Existing and nonconforming towers and antennas. All towers existing on the effective date of this ordinance shall be allowed to continue in use as they exist at that time. Routine maintenance shall be permitted on such existing towers, except as provided herein. New construction other than routine maintenance on an existing tower shall comply with the requirements of this ordinance. Nonconforming towers and antennas must be removed, changed, or altered to conform to the provisions of this ordinance within ten (10) years after the effective date of this ordinance.

h. Airport zoning requirements. All tower structures shall comply with the regulations as set forth in Polk County's Airport Zoning Regulations.

Sec. 23-354.9 Setbacks and separation requirements. The following setbacks and separation requirements shall apply to all new towers and their supporting facilities:

a. Monopole towers shall be separated from all other towers by a minimum of one thousand five hundred (1,500) feet.

b. All towers shall be separated from all residentially used or zoned property by a minimum of two hundred (200) feet or a distance equal to two hundred (200) percent of the base height of the proposed tower, whichever is greater. The setback may be reduced to a distance equal to one hundred (100) percent of the base height of the tower provided that a waiver is secured from each affected property owner and the reduced setback is administratively approved by the administrative official.

c. All towers shall maintain a 1.5:1 setback-to-base height ratio from any public thoroughfare.

d. All towers shall maintain a 1.5:1 setback-to-base height ratio from any occupied structure.

Sec. 23-354.10 Site improvements.

a. Towers shall be enclosed by security fencing not less than six (6) feet in height, and shall be equipped with an appropriate anti-climbing device.

b. Landscaping shall be installed on the outside of any fence and shall be of a sufficient height and density, upon planting, to screen the fence.

c. Property upon which a tower is located must provide access to at least one (1) paved on-site vehicular parking space.

Sec. 23-354.11 Abandoned towers and antennas. In the event that the use of any communications tower or communications antenna has been discontinued for a period of one hundred eighty (180) consecutive days, the tower or antenna shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower or antenna shall have an additional one hundred eighty (180) days within which to reactivate the use, transfer the ownership/operation to another actual user, or dismantle the tower. The owner of the real property shall be ultimately responsible for all costs of dismantling and removal, and in the event the tower is not removed within one hundred eighty (180) days of abandonment, the city may initiate legal proceedings to do so and assess the costs against the real property.

Sec. 23-354.12 Appeals. Decisions made in the administration of this ordinance may be appealed in accordance with procedures established in section 23-244 of these land development regulations.

(Ord. No. 2016-01, § 6, 01-19-16)