West Palm Beach |
Code of Ordinances |
Chapter 94. ZONING AND LAND DEVELOPMENT REGULATIONS |
Article X. SUPPLEMENTAL DISTRICT REGULATIONS |
Division 2. WIRELESS COMMUNICATIONS |
§ 94-325. Level II development standards.
(a)
Concealed attached antenna.
(1)
The top of the attached antenna shall not be more than 20 feet above the existing or proposed building or structure, excluding elevator shafts, appurtenances or other vertical spires or extensions.
(2)
When an attached antenna is to be located on a legal nonconforming building or structure, then the existing permitted nonconforming setback and height shall prevail.
(3)
Feed lines and antennas shall be designed to architecturally match the façade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color, and texture.
(4)
Equipment cabinets shall be located within the existing building or behind an opaque enclosure matching the architectural designs and colors of the principal building or structure.
(5)
New equipment cabinets are subject to the setback requirements of the underlying zoning district.
(b)
Collocated or combining on existing tower.
(1)
A collocated or combined antenna or antenna array shall not exceed the maximum height prescribed in the special use permit (if applicable) or as approved on the applicable site plan if originally constructed without a special use permit, and shall not affect any tower lighting.
(2)
New antenna mounts shall be flush-mounted onto existing structures, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.
(3)
Existing and new equipment cabinets shall be subject to the setbacks of the underlying zoning district. If the collocation or combined antenna is located on a legal nonconforming building or structure, then the existing permitted nonconforming setback shall prevail.
(4)
At the time of installation, all applicable buffer and screening requirements shall be brought into compliance.
(5)
Equipment cabinets shall be located within the existing equipment compound. If the existing equipment compound is not sized adequately to accommodate the new proposed ground equipment, then a revised site plan shall be submitted addressing the overall ground space for the proposed equipment.
(6)
Applications entitled to the streamlined processes described in F.S. § 365.172(12) shall meet all the following requirements:
i.
The additional antenna array, transmission lines, and related ancillary equipment including the base station shall not exceed the number of same items previously approved for such tower when originally approved, and the collocated facility is in complete conformance with the original conditions imposed on the tower upon which it is being attached.
ii.
The proposed collocation shall not increase the overall height and width of the tower or telecommunications support structure to which the proposed infrastructure is to be attached.
iii.
The collocation shall not increase the ground space area approved in the antenna support facility site plan for equipment enclosures and ancillary facilities.
iv.
The existing tower on which the collocation will attach shall comply with applicable regulations, restrictions, or conditions, if any, applied to the initial telecommunications facilities placed on the tower.
v.
The proposed additional collocation and tower shall comply with all federal, state and local safety requirements.
vi.
The proposed collocation and ancillary equipment shall not exceed the applicable structural capacity limits for the tower, as evidenced by a sealed statement from a structural engineer licensed in the State of Florida.
(7)
Applications for collocation entitled to streamlined processes pursuant to Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 shall be approved provided they meet the following requirements, as applicable:
(i)
A collocation on an existing antenna-supporting structure not in a public right-of-way shall not increase the overall height of the antenna-supporting structure, antenna and/or antenna array more than ten percent or 20 feet, whichever is greater. A collocation on an existing antenna-supporting structure within a public right-of-way shall not increase the overall height of the antenna-supporting structure, antenna and/or antenna array more than ten percent or ten feet, whichever is greater.
(ii)
A collocation eligible under this subsection (7) shall not, for towers not in a public right-of-way, protrude from the antenna-supporting structure more than 20 feet or the width of the structure at the elevation of the collocation, and for towers within a public right-of-way, protrude from the antenna-supporting structure more than six feet.
(iii)
Any collocation on an existing antenna-supporting structure shall meet current building code requirements (including wind loading).
(iv)
A collocation shall not add more than four additional equipment cabinets or one additional equipment shelter to be eligible as a collocation under this subsection (7).
(v)
A collocation eligible under this subsection (7) shall not require excavation outside of existing leased or owned parcel or existing easements.
(vi)
A collocation eligible under this subsection (7) shall not defeat any existing concealment elements of the antenna-supporting structure.
(c)
Non-concealed attached antenna. Non-concealed attachments shall only be allowed on electrical transmission towers and existing light stanchions subject to approval by the planning division and the utility company or owner of said tower or stanchions. The attachments must be contained within canisters.
(d)
Mitigation of existing tower. Mitigation shall accomplish a minimum of one of the following: i) reduce the total number of towers within the city; or ii) reduce the total number of nonconforming towers within the city; or iii) replace an existing tower with a new tower on the same property to improve network functionality resulting in compliance with this ordinance. Mitigation is subject to the following:
(1)
No tower shall be mitigated more than one time.
(2)
Height. The height of a tower approved for mitigation shall not exceed 115 percent of the height of the tallest tower that is being mitigated. (For example a 100-foot existing tower could be rebuilt at 115 feet.)
(3)
Setbacks. Attempts shall be made to meet the setback requirement for the new tower on the same property to the maximum degree possible. At a minimum, the new tower and its equipment compound shall be no closer to any property lines, neighboring structures or adjacent dwelling units as the tower and equipment compound being mitigated.
(4)
Breakpoint technology. A newly mitigated monopole or lattice tower shall use breakpoint technology in the design of the replacement facility.
(5)
Buffers. At the time of mitigation, the tower equipment compound shall be brought into compliance with any applicable buffer requirements.
(6)
Visibility. Mitigated antenna-supporting structures shall be configured and located in a manner that minimizes adverse effects on the lines of sight, landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent zoned lots.
(7)
Any replacement tower which meets the criteria set forth in this subsection (d) must obtain a level II wireless communications permit. Any replacement tower which does not meet the above criteria shall be considered a new tower subject to all provisions of this article. The existing tower, including tower base but excluding the tower foundation, must be removed within 90 days of the completion of the new tower.
(e)
DAS facilities not located in public right-of-way (including DAS hub).
(1)
Height. The height of a DAS facility not located in a public right-of-way shall not exceed the height of light poles or residential utility poles on surrounding lots.
(2)
Setbacks. A distance equal to the height of the DAS facility shall separate the DAS facility from property lines, right-of-way lines and/or easements.
(3)
Visibility.
a.
The placement of antennas on buildings and other structures is encouraged and preferred over the installation of towers or monopoles. Where feasible, co-location of facilities and minimum number of antennas shall be evaluated to determine whether and to the extent to which the proposed facility has been designed carefully.
b.
Where feasible, antennas can be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.
c.
Antenna-supporting structures shall be configured and located in a manner that minimizes adverse effects on the lines of sight, landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and surrounding lots. Concealment design is strongly encouraged and shall be utilized whenever possible in order to minimize the visual impact of wireless communications facilities.
(4)
Equipment cabinets. Equipment shelters or cabinets shall be consistent with the general character of the neighborhood and historic character if applicable. Equipment shelters or cabinets shall be screened from the public view by using landscaping, or otherwise concealed with materials and colors consistent with the surrounding backdrop, structures and local character.
a.
Screening enclosures shall be allowed when the design is architecturally compatible with the building.
b.
Screening materials shall consist of materials and colors consistent with the surrounding backdrop and/or textured to match the existing structure.
c.
The use of foliage and vegetation around ground equipment may be required based on conditions of the specific area where the ground equipment is to be located.
d.
Equipment cabinets may not be mounted on a freestanding DAS facility except at ground elevation, unless above-ground elevation is approved by the city commission as the best option to preserve aesthetics and local character.
(5)
All exposed cables, conduits, surface mounted wires on attached DAS facilities shall be concealed or painted to match the building. Freestanding DAS facilities not in a public right-of-way shall not have exposed cables, conduits or surface mounted wires.
(6)
Lighting of these facilities is not allowed.
(Ord. No. 4549-15, § 2(94-335), 6-8-2015)