West Palm Beach |
Code of Ordinances |
Chapter 78. STREETS, SIDEWALKS AND PUBLIC PLACES |
Article XI. COMMUNICATIONS SERVICES FACILITIES IN THE PUBLIC RIGHT-OF-WAY |
Division 3. PERMITS |
§ 78-409. Modification of wireless communication facilities.
(a)
Small wireless facilities . The following modifications to small wireless facilities shall be allowed without an application for a modification to the existing communications placement permit:
(1)
Replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size;
(2)
Installation, placement, maintenance or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles by a registrant that remits taxes under F.S. ch. 202.
(b)
Other conforming facilities . Other conforming existing wireless communication facilities, or conforming portions of such facility, that are not small wireless facilities, may be modified, improved, or altered, collocated, removed or replaced, with applicable building permits, provided: (i) the facilities will continue to meet the requirements of this article and the communications placement permit; (ii) the modification is not a substantial change or does not change the physical dimensions of such support structure or equipment beyond that allowed by this article and by law; and (iii) no nonconformity is created.
(c)
Non-conforming facilities . Non-conforming existing wireless communication facilities, or conforming portions of such facility, that are not small wireless facilities may be modified, improved, or altered (without enlargement), with applicable building permits, provided no new nonconformity is created and/or an existing nonconformity is not increased.
(1)
If a new nonconformity would be created or an existing nonconformity increased, an application for modification of the communications placement permit must be submitted for review and approval.
(2)
A collocation or addition of a new antenna with ancillary facilities will not be deemed to create a new or to increase an existing nonconformity, if they comply with all other applicable provisions of this article and the existing communication placement permits.
(Ord. No. 4774-18, § 2, 10-22-2018)