West Palm Beach |
Code of Ordinances |
Chapter 94. ZONING AND LAND DEVELOPMENT REGULATIONS |
Article X. SUPPLEMENTAL DISTRICT REGULATIONS |
Division 2. WIRELESS COMMUNICATIONS |
§ 94-323. Permits.
(a)
The placement or maintenance of new wireless communication facilities shall be permitted within the zoning districts only in accordance with the wireless communication permit indicated in the following table, and shall be subject to compliance with the land development requirements and permit or registration requirements of this Code. The placement or maintenance of wireless communication facilities in the public rights-of-way shall comply with the regulations in chapter 78 of this Code.
Zoning District Amateur Radio Tower 25—50 feet in historic district;
Satellite Earth Station <1 meter diameter in historic districtAmateur Radio Tower > 50 feet
Satellite Earth Station >1 meter diameterAntenna Element Replacement Facilities to be located on WPB Master Plan designated sites Concealed Attached Antenna Collated or Combining on Existing Tower Non-concealed Attached Antenna * Mitigation of Existing Tower Concealed Freestanding Tower
Satellite Earth Station >1 meter diameterNon-concealed Freestanding Tower Broadcast Tower SF3, SF5, SF7, SF11, SF14 I I II IV** II SF7-C4, SF14-C2, SF14-C3, SF14-C5 I III I II IV* II MF14, MF20, MF32 I I II II II II MF14-C1, MF14-C2, MF20-C1, MF32-C1 I III I II II II II CC2 I I II II II II DMP Residential Subdistrict I I II II II II DMP Non-Residential Subdistrict I I II II II II CM I I II II II II II III OC I I II II II II II III NC I I II II II II II III GC I I II II II II II III POR I I II II II II II III IL I I II II II II II III IV IV I I I II II II II II III IV IV ROS I I II II II II II III IV IV CS I I II II II II II III IV IV UT I I II II II II II III IV IV W I I II II II II II III IV IV PC I I II II II II II III IV IV PD I I II II II II II III IV IV NMUD, CMUD, BMUD I I II II II II II^ *Non-concealed attached antennas are only allowed on high voltage electric power transmission towers and light stanchions not located in public rights-of-way except for DAS facilities.
**Concealed attached antennas are only allowed on non-residential parcels in SF districts and are expressly prohibited on a parcel used for residential purposes.
^Level II provided the mitigated facility does not increase the existing height. If there is a height increase, level III or IV permit shall be required.
(b)
Wireless communication permits.
(1)
Level I wireless communication permit. The wireless communication permit issued by the planning division to an individual, corporation, partnership,or other entity to engage in the creation of an amateur radio tower which exceeds twenty five feet in a historic district and fifty feet in non-historic districts in accordance with the provisions of F.S. § 166.0435, or a satellite earth station in excess of one meter in diameter, (or less than one meter in diameter if located in an historic district), or antenna element replacements. For installation within a local or national register historic district or designated site, a certificate of appropriateness is also required pursuant to section 94-49.
(2)
Level II wireless communication permit. The wireless communication permit issued by the planning division to an individual, corporation, partnership, or other entity to engage in: (i) concealed attached antennas, (ii) non-concealed attached antennas on existing transmission towers and light stanchions (iii) collocation or combining on existing tower or facilities to be located on sites contained in the master plan, and excluding amateur radio towers, in accordance with the provisions of F.S. § 365.172(12); (iv) for DAS facilities outside of a public right-of-way (including a DAS Hub); (v) mitigation of existing tower; and (vi) for new concealed attached facilities. For installation within a local or national register historic district or designated site, a certificate of appropriateness is required pursuant to section 94-49.
(3)
Level III wireless communication permit. The Class B special use permit (Sb) issued by the planning division after review and approval by the zoning board of appeals (ZBA), or by the historic preservation board for property within an historic district, to an individual, corporation, partnership, or other entity to engage in the creation of new concealed towers, excluding amateur radio towers. For installation within a local or national register historic district or designated site, a certificate of appropriateness is also required pursuant to section 94-49.
(4)
Level IV wireless communication permit. The Class A special use permit (Sa) issued by the planning division after review by the planning board and approval by the city commission, to an individual, corporation, partnership, or other entity to engage in the mitigation of existing tower facilities, creation of new broadcast facilities, non-concealed towers or non-concealed attached facilities, excluding amateur radio towers, and certain concealed attached antennas in certain zoning districts.
(Ord. No. 4549-15, § 2(94-333), 6-8-2015; Ord. No. 4650-16, § 7(Exh. G), 8-29-2016; Ord. No. 4660-16, § 9, 12-5-2016)