Introduced by Council Member Ray

1 Introduced by Council Member Ray: 2

3 ORDINANCE 2007-561 4 AN ORDINANCE AMENDING SECTIONS 656.1501 5 (PURPOSE AND INTENT) AND 656.1502 6 (DEFINITIONS), PART 15 (COMMUNICATION TOWER 7 AND ANTENNA REGULATIONS), CHAPTER 656 (ZONING 8 CODE), ORDINANCE CODE, TO CLARIFY LANGUAGE AND 9 MODIFY DEFINITIONS; REPEALING AND ESTABLISHING 10 A NEW SUBPART A (WIRELESS COMMUNICATION 11 FACILITIES), PART 15 (COMMUNICATION TOWER AND 12 ANTENNA REGULATIONS), CHAPTER 656 (ZONING 13 CODE), ORDINANCE CODE; PROVIDING AN EFFECTIVE 14 DATE. 15 16 BE IT ORDAINED by the Council of the City of Jacksonville:

17 Section 1. Sections 656.1501 (Purpose and intent), 18 Ordinance Code, and 656.1502 (Definitions), Part 15 (Communication 19 Tower and Antenna Regulations), Chapter 656 (Zoning Code), 20 Ordinance Code, is amended, in part, to read as follows: 21 CHAPTER 656 22 ZONING CODE 23 * * * 24 PART 15. COMMUNICATION TOWER AND ANTENNA REGULATIONS

25 Sec. 656.1501. Purpose and intent. 26 The City Council finds that the promulgation of these 27 regulations is warranted and necessary to promote the health, 28 safety and general welfare of residents of the City by: 29 * * *

2 1 (d) Accommodating the growing demand for wireless 2 communication services, consistent with the Federal 3 Telecommunications Act of 1996 and the Florida Wireless Emergency 4 Communications Act, and ensuring an efficient and high-quality 5 wireless communications network; and 6 * * * 7 These regulations are not intended to prohibit or have the 8 effect of prohibiting the provision of personal wireless services, 9 nor shall they be used to unreasonably discriminate among providers 10 of functionally equivalent services, consistent with state and 11 federal regulations. 12

13 * * *

14 Sec. 656.1502. Definitions. 15 For purposes of this Part, the following terms, words, and 16 phrases shall have the following meanings: 17 * * * 18 Lattice tower means a nonmonopole tower of lattice 19 construction subject to amortization according to Section 20 656.1503(b), Ordinance Code. 21 Low impact/stealth tower means a tapered monopole that is 22 equipped with visually low impact antenna mounts of wireless 23 communication service providers. Examples include, but are not 24 limited to, low-profile mounts, close-mounts, cobra-mounts and 25 side-arm antennas. A complete inventory of all approved low 26 impact/stealth tower and antenna mount designs (including both 27 written and graphic depictions) shall be maintained in the official 28 files of the Wireless Communication Coordinator, as determined by 29 the Tower Review Committee pursuant to Section 656.1508(c), 30 Ordinance Code. 31 Search ring means that area in which the antenna of a wireless 1 2 1 communication service provider must be located in order to provide 2 the provider’s designed wireless communication service to a defined 3 geographic area. 4 * * * 5 Tower site means the facility containing both the wireless 6 communication tower and associated equipment used to receive and 7 transmit radio frequency signals associated with wireless 8 communication services any equipment or facility used to provide 9 service and may include, but is not limited to, antennae, towers, 10 equipment enclosures, cabling, antenna brackets, and other such 11 equipment. Placing a wireless communications facility on an 12 existing structure does not cause the existing structure to become 13 a wireless communications facility. 14 * * * 15 Wireless Communication Network Plan means a written and 16 graphic depiction of the locations for all antennas and wireless 17 communication towers, as required by Section 656.1507(b)(18), 18 Ordinance Code. 19 * * * 20 Wireless communication tower means any structure designed and 21 constructed for the purpose of supporting one or more communication 22 antennas, including camouflaged towers, conventional wireless 23 towers and low impact/stealth towers. This term does not include 24 broadcast towers, amateur radio towers or those towers used solely 25 for private-use dispatch purposes. 26 Section 2. Subpart A (Wireless Communication Facilities), 27 Part 15 (Communication Tower and Antenna Regulations), Chapter 656 28 (Zoning Code), Ordinance Code, is repealed in its entirety, and a 29 new Subpart A (Wireless Communication Facilities), Part 15 30 (Communication Tower and Antenna Regulations), Chapter 656 (Zoning 31 Code), Ordinance Code, is established as follows:

1 3 1 CHAPTER 656 2 ZONING CODE 3 * * * 4 PART 15. COMMUNICATION TOWER AND ANTENNA REGULATIONS

5 * * * 6 SUBPART A. WIRELESS COMMUNICATION FACILITIES 7 Sec. 656.1503. Applicability. 8 (a) New towers. All new wireless communication towers on 9 land within the City shall be subject to these zoning regulations. 10 In the event of a conflict between any zoning district regulations 11 and the regulations contained in this Part, the provisions of this 12 Part shall override and supersede such other regulations, unless 13 otherwise specifically set forth herein. 14 (b) Existing towers. Any wireless communication tower 15 existing as of August 23, 2001, that does not comply with the 16 height and design requirements of this Subpart shall be deemed a 17 legally permitted nonconforming use. Expansion of an existing tower 18 site footprint to accommodate antenna co-location shall not be 19 deemed an expansion of a nonconforming use. Notwithstanding their 20 status as legally permitted nonconforming uses, all existing 21 wireless communication towers shall comply with the registration 22 and reporting requirements set forth in Section 656.1516, Ordinance 23 Code. 24 (c) Replacement towers. An existing tower, including a 25 legally permitted nonconforming tower, may be replaced, subject to 26 building permit review, if the overall height of the tower is not 27 increased and, if a replacement, the replacement tower is a 28 monopole tower or, if the existing tower is a camouflaged tower, 29 the replacement tower is a like-camouflaged tower. All replacement 30 towers shall comply with the originally approved landscape plan. 31 The Tower Review Committee may grant waivers from the originally 1 4 1 approved landscape plan according to Section 656.1508, Ordinance 2 Code. 3 (d) Height increases. An increase in the height of an 4 existing tower shall be treated as a new tower and shall be subject 5 to all the requirements of this Subpart A, except for those 6 requirements concerning the minimum distance requirements, however 7 a co-location proposal that increases the height of a tower shall 8 be subject the requirements set forth in Section 656.1509, 9 Ordinance Code. 10 Sec. 656.1504. Wireless communication towers. 11 The construction of a wireless communication tower in any 12 zoning district within the City may be initiated only upon approval 13 of an application in accordance with the relevant procedures set 14 forth herein. The original application, along with eight copies, 15 shall be filed with the Coordinator by the owner of the land upon 16 which the proposed tower is to be located, or his authorized agent. 17 Within ten working days of receipt of an application, the 18 Coordinator shall determine if the application form has been fully 19 completed and all required items submitted. Upon making this 20 determination, the Coordinator shall notify the applicant, in 21 writing, of the status of the application. If the Coordinator 22 determines that the application is incomplete, he shall advise the 23 applicant of those items that need to be submitted. If the 24 Coordinator determines that the application is complete, he shall 25 advise the applicant of the estimated schedule for processing the 26 application and projected date for obtaining either an approval or 27 denial of same. Additionally, the Coordinator shall forward a 28 complete copy of the application and all correspondence with the 29 applicant to the Council President, the District Council Member and 30 the Office of General Counsel. 31 Sec. 656.1505. Track I Towers. 1 5 1 (a) Applications for towers that meet the location and design 2 requirements to be “Track I” towers shall be assigned for 3 processing on an expedited "Track I" schedule. Upon a determination 4 by the Coordinator that the application satisfies the criteria for 5 a Track I Tower and that the application is complete, the 6 Coordinator shall forward a copy of the application to the District 7 Council Member, and if there is no District Council Member, the At- 8 large Council Member from the Group which contains the appropriate 9 district. 10 (b) Track I requirements. A tower may be considered a Track I 11 camouflaged tower if it satisfies all of the following criteria: 12 (1) The tower is an appropriate approved camouflaged 13 design, pursuant to section 656.1509(c), Ordinance Code; 14 (2) The tower is located in a non-residential zoning 15 district; 16 (3) The tower height shall be: 17 (i) 150 feet or less, if located in an industrial 18 use category of the Future Land Use Plan; 19 (ii) 130 feet or less, if located in a 20 Community/General Commercial, Regional Commercial or 21 Central Business District category of the Future Land Use 22 Plan; 23 (iii) 110 feet or less, if located in a Neighborhood 24 Commercial or Public Buildings and Facilities category of 25 the Future Land Use Plan; 26 (iv) 90 feet or less, if located in any other non- 27 residential category of the Future Land Use Plan, except 28 the Conservation category; 29 (4) The tower will be located at least 100% of the tower 30 height from the property line of any property within a 31 Residential category of the Future Land Use Plan and with 1 6 1 residential zoning, or from a portion of a Planned Unit 2 Development zoned for residential uses; 3 (5) The tower will be set back a minimum distance of 50 4 feet from any transportation view corridor, unless the 5 camouflaged tower is designed to resemble a utility or light 6 pole; a public park; a historic district; a historic landmark; 7 and any environmentally sensitive land; 8 (6) There is no technologically and structurally 9 suitable space available on commercially reasonable terms on 10 an existing or proposed tower or structure within the search 11 ring; and 12 (7) The view of the base of the tower and the wireless 13 accessory facilities from sensitive areas will be mitigated 14 through the use of: (i) a landscaping buffer outside the 15 perimeter of the security fence; (ii) a wall, a minimum of 16 eight feet in height and with 100% opacity; or (iii) 17 intervening structures or existing vegetation that provide the 18 equivalent screening. The landscape buffer, if provided, shall 19 be a minimum of ten feet wide and consist of the landscaping 20 indicated in the landscaping performance standard of Sec. 21 656.1508(c), Ordinance Code. 22 (c) Appeal. If the Coordinator determines that an application 23 satisfies all of the criteria, the District Council Member, or if 24 there is no District Council Member, the At-large Council Member 25 from the Group which contains the appropriate district, the Council 26 Member shall have 14 days to appeal the determination in the 27 following manner: 28 (1) The District Council Member shall file a formal 29 notice of appeal with the Coordinator within 14 days of 30 receiving the application; 31 (2) The Coordinator shall set the matter for a hearing 1 7 1 before the Commission; 2 (3) The Commission’s review is limited to whether or not 3 the camouflaged design was appropriate for the site. 4 (4) The parties to the proceeding are the District 5 Council Member, the Department, and the applicant. No other 6 parties shall be permitted to comment. 7 (5) The Commission shall issue a finding regarding the 8 appeal on the date of the hearing and this finding shall be 9 the final agency action for the City, with appeals to a court 10 of competent jurisdiction. 11 Sec. 656.1506. Track II Towers. 12 Applications to construct a camouflaged tower not satisfying 13 the criteria set forth in Section 656.1505, Ordinance Code, or low 14 impact/stealth tower shall be assigned for processing on a "Track 15 II" schedule. Within 15 days of notification from the Coordinator 16 that the application is complete, a Track II application shall be 17 scheduled for review at the next regularly scheduled meeting of the 18 Commission. The Commission shall approve, deny or conditionally 19 approve the application where it finds that the proposed tower (1) 20 complies with the tower siting and design standards and performance 21 standards of this Subpart; and (2) is compatible with the existing 22 contiguous uses or zoning and compatible with the general character 23 and aesthetics of the surrounding neighborhood or area, considering 24 (a) the design and height of the communication tower; and (b) the 25 potential adverse impact upon any environmentally sensitive lands, 26 historic districts or historic landmarks, public parks or 27 transportation view corridors. 28 (a) Camouflaged towers. Except as set forth in Section 29 656.1514, Ordinance Code, Track II camouflaged towers shall be 30 permitted in all zoning districts, including Planned Unit 31 Development Districts, subject to the following siting and design 1 8 1 requirements: 2 (1) Height. Track II camouflaged towers shall not be 3 subject to a maximum height requirement, so long as the proposed 4 tower is architecturally and aesthetically compatible with the 5 surrounding community. 6 (2) Setbacks. Regardless of the zoning district in which a 7 camouflaged tower is proposed to be constructed, the tower shall be 8 set back a distance of at least 100 percent of the tower height 9 from the nearest residential lot line of any single family 10 residence or single family residentially-zoned property, including 11 residential PUD districts and properties with a single-family 12 residential component in a mixed-use PUD district or AGR IV land 13 use category; provided, however, that this setback shall not be 14 required where legal title to the nearest residential parcel is 15 held by the owner of the tower site. In the event that the proposed 16 tower is to be located within a mixed use Planned Unit Development 17 (PUD), the minimum distance set forth herein shall be measured from 18 the nearest residential use. Camouflaged towers shall also be set 19 back a minimum distance of 50 feet from any transportation view 20 corridor or environmentally sensitive lands; provided, however, 21 that the set back from the transportation view corridor shall not 22 apply where the camouflaged tower is designed to resemble a utility 23 or light pole. 24 (3) Co-location. Any camouflaged tower in excess of 100 25 feet in height shall be designed to accommodate antennas for at 26 least two separate wireless communication service providers. 27 (b) Low impact/stealth towers. Except as set forth in 28 Section 656.1514, Ordinance Code, low impact/stealth towers shall 29 be permitted in all zoning districts, including Planned Unit 30 Development Districts, subject to the following siting and design 31 requirements: 1 9 1 (1) Height. The maximum height of low impact/stealth towers 2 in any residential zoning district is 110 feet. In all other 3 districts, the maximum height of low impact/stealth towers is 130 4 feet; provided, however, that a variance may be sought from the 5 Tower Review Committee in accordance with the provisions of this 6 Subpart to increase the maximum height of a proposed low 7 impact/stealth tower in a nonresidential zoning district up to an 8 additional 30 feet. No variance shall be required, however, where 9 close-mount antennas are proposed to be located on that portion of 10 a low impact/stealth tower in excess of 130 feet, so long as the 11 overall tower height of the tower does not exceed 160 feet and the 12 tower is located in a nonresidential zoning district. 13 (2) Setbacks. Regardless of the zoning district in which a 14 low impact/stealth tower is located; the tower shall be set back a 15 distance of at least: (a) 250 feet or 200 percent of the tower 16 height, whichever distance is greater, from the nearest residential 17 lot line of any single family residence or single family 18 residentially-zoned property, including residential PUD districts 19 and properties with a single-family residential component in a 20 mixed-use PUD district or AGR IV land use category; provided, 21 however, that this setback shall not be required where legal title 22 to the nearest residential parcel is held by the owner of the tower 23 site; and (b) 150 feet or 100 percent of the tower height, 24 whichever distance is greater, from the nearest residential lot 25 line of any Residential Medium Density (RMD), 26 Commercial/Residential/Office (CRO) or Residential High Density 27 (RHD) zoning districts; provided, however, that this setback shall 28 not be required where legal title to the nearest residential parcel 29 is held by the owner of the tower site. In the event that the 30 proposed tower is to be located within a mixed use Planned Unit 31 Development (PUD), the minimum distances set forth herein shall be 1 10 1 measured from the nearest residential use. Stealth towers shall 2 also be set back a minimum distance of 250 feet or 200 percent of 3 the tower height, whichever distance is greater, from the nearest 4 boundary of a public park, historic district, historic landmark, 5 Neighborhood Conservation District or environmentally sensitive 6 lands, and a minimum distance of 100 feet from any transportation 7 view corridor. 8 (3) Separation. No low impact/stealth tower shall be 9 permitted to be constructed within 1,500 feet of another stealth 10 tower or a conventional wireless tower. 11 (4) Co-location. Any low impact/stealth tower proposed to 12 be constructed between 100 and 110 feet in height shall be designed 13 to accommodate antennas for at least two separate wireless 14 communication service providers. Any low impact/stealth tower 15 proposed to be constructed in excess of 110 feet in height shall be 16 designed to accommodate antennas for at least three separate 17 wireless communication service providers. 18 (c) Appeals. When the Commission acts on a Track II 19 application, such action shall be deemed the final action of the 20 City as of the effective date of the final action by the 21 Commission. A final action under this Section shall not be 22 reviewed further by the City Council. Any person with standing may 23 challenge a final action taken by the Commission in whatever way 24 authorized by federal or state law. 25 Sec. 656.1507. Conventional wireless towers ("Track III"). 26 Applications to construct a conventional wireless tower shall 27 be assigned for processing on a "Track III" schedule. Within 30 28 days of notification from the Coordinator that the application is 29 complete, a Track III application shall be assigned a legislative 30 bill number and scheduled for a public hearing before the 31 appropriate committee of reference of the City Council. The 1 11 1 committee shall recommend approval, denial, or conditional approval 2 of the application based upon its compliance with the review 3 criteria and the siting and design standards set forth in this 4 Section, as well as the performance standards for all wireless 5 communication towers set forth in this Subpart. 6 (a) Siting and design standards. Conventional wireless 7 towers shall only be allowed in those zoning districts and land use 8 categories located outside the urban/suburban area boundary that do 9 not allow for residential uses, subject to the siting and design 10 requirements set forth in this Section. 11 (1) Height. The maximum height of a conventional wireless 12 tower is 199 feet. 13 (2) Design. All conventional wireless towers must be of a 14 monopole design. 15 (3) Setbacks. Regardless of the zoning district in which a 16 conventional wireless tower is located, the tower shall be set back 17 a distance of at least: (a) 250 feet or 200 percent of the tower 18 height, whichever distance is greater, from the nearest 19 residentially zoned parcel; provided, however, that this setback 20 shall not be required where legal title to the nearest residential 21 parcel is held by the owner of the tower site. In the event that 22 the proposed tower is to be located within a mixed use Planned Unit 23 Development (PUD), the minimum distance set forth herein shall be 24 measured from the nearest residential use. Conventional wireless 25 towers shall also be set back a minimum distance of 250 feet or 200 26 percent of the tower height, whichever distance is greater, from 27 the nearest boundary of a public park, historic district, historic 28 landmark, Neighborhood Conservation District or environmentally 29 sensitive lands, and a minimum distance of 100 percent of the tower 30 height from any transportation view corridor. 31 (4) Separation. No conventional wireless tower shall be 1 12 1 permitted to be constructed within 2,640 feet of another 2 conventional wireless tower. 3 (5) Co-location. Conventional wireless towers shall be 4 designed to accommodate co-location of antennas for multiple 5 wireless communication service providers, as follows: 6 TABLE INSET: 7 Conventional Tower Height Total Number of Providers < 110 feet 2 110 feet 130 feet 3 131 feet 170 feet 4 171 feet 199 feet 5

9 (b) Public hearing. A public hearing shall be held by the 10 Council to consider all conventional wireless tower applications. 11 Notice of the time and place of the public hearing shall be made as 12 provided in Section 656.124, Ordinance Code. Additionally, the 13 notice shall specify the proposed height of the tower and the 14 number of wireless communications service provider(s) that can be 15 located on the tower. 16 The Department shall be responsible for making an advisory 17 recommendation to the Council on each application for a 18 conventional wireless tower. Said recommendation shall be in 19 writing and furnished to the assigned committee members, the 20 Council President, the District Council Member and the applicant at 21 least three days prior to the scheduled hearing. 22 (c) Balloon test. Applications for conventional wireless 23 towers shall be required to conduct a "balloon test," unless 24 otherwise prohibited by law. The test shall be conducted as 25 follows: 26 (1) The balloon shall be red and a minimum of four feet in 27 diameter, anchored to the ground so that it flies at the same 1 13 1 height and location as the proposed tower. 2 (2) The balloon shall be flown continuously from 7:00 a.m. 3 until sunset for two separate days within the same week. 4 (3) The test shall be conducted during the week prior to the 5 first scheduled public hearing for the conventional wireless tower 6 before the Council committee of reference. Notice of the scheduled 7 week of the balloon test shall be given along with the notice of 8 the public hearing in accordance with Section 656.124, Ordinance 9 Code. 10 (d) Review criteria. An application for a conventional 11 wireless tower permit shall be granted only if the Council finds, 12 from a preponderance of the record evidence, that the proposed 13 tower meets the following standards and criteria: 14 (1) The proposed tower shall be consistent with the 15 Comprehensive Plan, including any subsequent plan adopted by the 16 Council pursuant thereto; 17 (2) The proposed tower shall comply with both the siting and 18 design standards for conventional wireless towers and the 19 performance standards for all wireless communication towers; 20 (3) The proposed tower site shall be sufficiently accessible 21 to permit entry onto the property by fire, police, rescue and other 22 services; 23 (4) The proposed tower shall be deemed necessary to provide 24 service coverage for a wireless communication service provider, 25 given the absence of any existing or proposed towers, buildings or 26 other structures that could provide technologically and 27 structurally suitable space for co-location on commercially 28 reasonable terms; and 29 (5) The proposed tower shall be compatible with the existing 30 contiguous uses or zoning and compatible with the general character 31 and aesthetics of the surrounding neighborhood or the area, 1 14 1 considering: 2 (i) The design and height of the communication tower; 3 (ii) The potential adverse impact upon any environmentally 4 sensitive lands, historic districts or historic landmarks, public 5 parks or transportation view corridors; and 6 (iii) The mitigating effect of any existing or proposed 7 landscaping, fencing or other structures in the area, as well as 8 the proximity of the communications tower to existing or proposed 9 buildings or structures. 10 Sec. 656.1508. Application requirements. 11 (a) Application fees. 12 (1) Track I applications. The base application fee for 13 review of an application to construct a Track I camouflaged tower 14 shall be $300. 15 (2) Track II applications. The base application fee for 16 review of an application to construct a non-Track I camouflaged 17 tower or low impact/stealth tower shall be $500. 18 (3) Track III applications. The base application fee for 19 review of an application to construct a conventional wireless tower 20 shall be $1,000. 21 (3) Technical consultants. The City shall have the right to 22 retain independent technical consultants and experts that it deems 23 necessary to properly evaluate applications for individual wireless 24 communication towers. The applicant shall be responsible for paying 25 the costs of said review, which costs shall be based upon a 26 reasonable hourly rate, not to exceed $100 per hour. In no event 27 shall the applicant be required to pay a total sum in excess of 28 $500 for the costs of the consultant. Payment is due upon receipt 29 of the billing invoice, and proof of same shall be required prior 30 to consideration of the application by the appropriate reviewing 31 authority. 1 15 1 (b) Submittal information. Applications to construct a 2 wireless communication tower shall contain the following 3 information: 4 (1) The identity of the owner(s) of the proposed tower and 5 the land on which the tower is to be located. 6 (2) The location of the proposed tower, including street 7 address and parcel real estate number, as well as longitude and 8 latitude coordinates; 9 (3) A current zoning map showing the location of the 10 proposed tower; 11 (4) A legal description of the parent tract and tower site 12 (if applicable); 13 (5) A scaled site plan clearly indicating the tower size, 14 type and height, the location of any accessory buildings, on-site 15 land uses and zoning, adjacent land uses and zoning, adjacent 16 roadways, proposed means of access, distances from property lines, 17 elevation drawings of the proposed tower, and any other proposed 18 structures; 19 (6) Distance between the proposed tower and the nearest 20 residentially zoned lands; 21 (7) Distance between the proposed tower and the nearest 22 boundary of any public park or environmentally sensitive lands 23 located within two miles of the proposed tower; 24 (8) A landscape plan showing specific landscape materials; 25 (9) The method of fencing, finished color and, if applicable, 26 the method of aesthetic mitigation and illumination; 27 (10) A map depicting (a) all existing wireless communication 28 towers within a one-half mile radius of the proposed tower, (b) all 29 proposed wireless communication towers within a one-half mile 30 radius of the proposed tower that are currently in the permitting 31 process, and (c) all structures in excess of 80 feet that could 1 16 1 reasonably support a wireless communication antenna and are located 2 within the search ring of the proposed tower. The location of 3 proposed towers currently in the permitting process may be obtained 4 from the Coordinator. 5 (11) If the applicant is not co-locating on the proposed 6 communication tower of another wireless communication service 7 provider or other structure, written evidence that there is no 8 technologically and structurally suitable space available on 9 commercially reasonable terms on an existing or proposed tower or 10 structure within the search ring; 11 (12) Details of all proposed antennas and mounting 12 equipment, including size and color; 13 (13) A design drawing including cross section and elevation 14 of the proposed tower. A description of the tower's capacity, 15 including the number and type of antennas it can accommodate as 16 well as the proposed location of all mounting positions for co- 17 located antennas and the minimum separation distances between 18 antennas; 19 (14) Certified statement from a licensed professional 20 engineer attesting to the structural integrity of the tower and its 21 ability to accommodate additional antennas; 22 (15) A photographic simulation of the proposed tower site in 23 order to help the approving authority ascertain the visual impacts 24 associated with such proposal. Where the tower does not meet the 25 minimum setback requirements set forth in this Subpart, the 26 applicant shall provide a view-shed analysis showing various angles 27 from which the tower would be visible from the nearest boundary of 28 said lands; 29 (16) Any additional information deemed necessary by the 30 Coordinator to complete its review of the application. 31 (c) Conditions to issuance of final permit. Prior to 1 17 1 issuance of the final permit authorizing construction of a proposed 2 tower, the applicant shall submit written documentation to the 3 Coordinator of the following: 4 (1) FCC license and registration numbers, if applicable; 5 (2) Evidence of compliance with Federal Aviation 6 Administration requirements concerning the affect on navigable 7 airspace; and 8 (3) Confirmation in the form of a copy of a lease or 9 contract that the proposed tower will be used by at least one 10 wireless communication service provider, including the 11 identification of said provider(s), but redacting any financial or 12 proprietary information. 13 Sec. 656.1509. Tower Review Committee. 14 There is hereby established a committee to be known as the 15 Tower Review Committee ("TRC"). A waiver from the minimum setback 16 and separation requirements, waiver from the landscape requirements 17 of this Part 15, variance from the maximum height requirements for 18 low impact/stealth towers, variance from the maximum height and 19 projection requirements for side-mount and rooftop antennas, 20 variance from the other maximum height requirements in this Subpart 21 A, or declaration that a proposed tower or antenna qualifies as 22 either a camouflaged or low impact/stealth tower or antenna may 23 only be obtained from the Tower Review Committee. The Tower Review 24 Committee shall be composed of three members of the appropriate 25 committee of the City Council and two members of the Commission. 26 The Chairman of the appropriate committee of the City Council shall 27 appoint three members of that committee to serve on the Tower 28 Review Committee. The Chairman of the Commission shall appoint two 29 members of that commission to serve on the Tower Review Committee. 30 Each Tower Review Committee member shall serve for a term of one 31 year or until his successor shall have been appointed. The term of 1 18 1 each committee member shall be from July 1 to June 30 each year, 2 and members may serve for additional consecutive terms. All Tower 3 Review Committee members must remain members of the appropriate 4 committee of the City Council or the Commission, as the case may 5 be, during their entire term as a member of the Tower Review 6 Committee. When the Tower Review Committee acts on an application 7 for a waiver from the minimum setback and separation requirements, 8 a waiver from the landscaping requirements of this Part 15, a 9 variance from the maximum height requirements for low 10 impact/stealth towers, a variance from the maximum height and 11 projection requirements for side-mount and rooftop antennas, a 12 variance from the other maximum height requirements in this Subpart 13 A, or a declaration that a proposed tower or antenna constitutes an 14 acceptable low impact/stealth or camouflage design, such action 15 shall be deemed the final action of the City of Jacksonville as of 16 the effective date of the final action by the Tower Review 17 Committee. 18 (a) Public hearing. A public hearing shall be held by the 19 Tower Review Committee to consider all applications for a waiver of 20 the minimum setback and separation requirements of this Subpart A, 21 a waiver from the landscaping requirements of this Part 15, a 22 variance from the maximum height requirements for low 23 impact/stealth towers, a variance from the maximum height and 24 projection requirements for side-mount and rooftop antennas, a 25 variance from the other maximum height requirements in this Subpart 26 A, or a declaration that a proposed tower or antenna qualifies as 27 either a camouflaged or low impact/stealth tower or antenna. Notice 28 of the time and place of the public hearing shall be made as 29 provided in Section 656.124, Ordinance Code. 30 The Department shall be responsible for making an advisory 31 recommendation to the Tower Review Committee on each application 1 19 1 for a waiver or variance. Said recommendation shall be in writing 2 and furnished to the Tower Review Committee and the applicant at 3 least three days prior to the scheduled hearing. 4 (b) Waiver and variance criteria. The Tower Review 5 Committee may grant a waiver from the minimum setback and 6 separation requirements of this Subpart A, a waiver from the 7 landscaping requirements of this Part 15, a variance from the 8 maximum height requirements for low impact/stealth towers, a 9 variance from the maximum height and projections requirements for 10 side-mount and rooftop antennas, or a variance from the other 11 maximum height requirements in this Subpart A, only upon proof that 12 there are no less intrusive means for siting the tower or antenna 13 to meet the coverage needs of a Wireless Communications Service 14 Provider. This burden may only be met where the applicant proves, 15 by a preponderance of the evidence, that the request meets the 16 following standards and criteria, to the extent applicable: 17 (1) The location of existing uses, structures or other 18 features on or adjacent to the property create a need for the 19 waiver or variance; 20 (2) The request is not based exclusively upon the desire to 21 reduce the cost of developing the site or to circumvent the 22 requirements or Chapter 656, Part 15, Subpart A (Wireless 23 Communication Facilities); 24 (3) The proposed waiver or variance is the minimum necessary 25 to address the need for the request; 26 (4) The proposed waiver or variance will reflect, to the 27 greatest extent reasonably practicable, the physical character, 28 massing, scale and architecture of the surrounding land uses; 29 (5) The proposed waiver or variance will not have a 30 significant detrimental impact on adjacent property values; 31 (6) The proposed waiver or variance will be compatible with 1 20 1 the existing contiguous uses or zoning, as well as the general 2 character and aesthetics of the neighborhood or area, considering 3 the design and height of the tower or antenna, the mitigating 4 effect of any existing or proposed landscaping, fencing or other 5 structures in the area, and for towers, the proximity of the tower 6 to existing or proposed buildings or other structures, and similar 7 factors; and 8 (7) The strict application of the requirements of this 9 Section would constitute a substantial hardship to the applicant, 10 which hardship is not self-created or self-imposed. 11 (c) Declaration criteria. The Tower Review Committee may 12 issue a declaration that a proposed tower or antenna mount 13 constitutes an acceptable camouflage or low impact/stealth design 14 only upon proof of the following: 15 (1) The proposed design is consistent with the intent and 16 purpose of this Section; and 17 (2) The proposed design does not detract from the physical 18 character, massing, scale and architecture of the surrounding 19 structures and land uses. 20 (d) Appeals. A final action under this subsection shall not 21 be reviewed further by the City Council. Any person with standing 22 may challenge a final action taken by the Tower Review Committee in 23 whatever way authorized by federal or state law. 24 (e) Application fees. The application fee for a waiver, 25 variance, or declaration of tower or antenna type under this 26 Section shall be $250. 27 Sec. 656.1510. Wireless communication antennas. 28 The placement of a new wireless communication antenna on any 29 structure within the City may be initiated only upon approval of an 30 application in accordance with the relevant procedures set forth in 31 this section. Applications shall be filed with the Coordinator by 1 21 1 the owner of the structure upon which the proposed antenna is to be 2 located, or his authorized agent. Within ten working days of 3 receipt of an application, the Coordinator shall determine if the 4 application form has been fully completed and all required items 5 submitted. Upon making this determination, the Coordinator shall 6 notify the applicant, in writing, of the status of the application. 7 If the Coordinator determines that the application is incomplete, 8 the Coordinator shall advise the applicant of those items that need 9 to be submitted. If the Coordinator determines that the application 10 is complete, the Coordinator shall advise the applicant of the 11 estimated schedule for processing the application and projected 12 date for obtaining either an approval or denial of same. 13 (a) Antennas on existing wireless communication towers. Upon 14 proof of compliance with the application requirements set forth in 15 this section, and proof that either the proposed communication 16 antenna is an approved low impact/stealth or camouflaged design 17 pursuant to Section 656.1509(c), Ordinance Code, or that the 18 antenna is consistent with the design or placement requirements 19 that were in effect at the time of the initial antennae placement 20 approval, then the Coordinator shall issue an order authorizing the 21 placement of a communication antenna on an existing Wireless 22 Communication Tower. The permitting of such an antenna shall not 23 abrogate the characterization of a tower as a legally permitted 24 nonconforming use, and the tower site's original landscape plan 25 shall remain in effect. Additionally, expansions of existing tower 26 site footprints to accommodate antenna co-location shall not be 27 deemed an expansion of a nonconforming use; provided, however, that 28 all additional accessory equipment shall be landscaped pursuant to 29 Section 656.1512(c), or as otherwise determined by the Coordinator 30 so long as the visual impacts of the additional accessory equipment 31 are mitigated. Final orders issued by the Coordinator under this 1 22 1 section may be appealed to the Commission. When the Commission acts 2 on an appeal filed under this section, such action shall be deemed 3 the final action of the City as of the effective date of the final 4 action by the Commission. A final action under this section shall 5 not be reviewed further by the City Council. Any person with 6 standing may challenge a final action taken by the Commission in 7 whatever way authorized by federal or state law. 8 (b) Administratively approved rooftop antennas. Except for a 9 historic building, structure, site, object, or district, or a tower 10 included in Section 656.1510(a), the Coordinator shall issue an 11 order authorizing the placement of a communication antenna on an 12 existing structure that meets the requirements set forth in 13 subsections (1)-(4) below. 14 (1) The antenna does not increase the height of the 15 existing structure to which the antennae are to be attached, 16 measured to the highest point of any part of the structure or 17 any existing antenna attached to the structure, by more than 18 15 feet; 19 (2) The antenna does not increase the tower site area, 20 if any, approved in the site plan for equipment enclosures and 21 ancillary facilities; 22 (3) The antennae, equipment enclosures, and ancillary 23 facilities are of an appropriate camouflaged or low- 24 impact/stealth design or are of a design consistent with the 25 design of an initial antennae placed on the structure, if 26 applicable; and 27 (4) There no technologically and structurally suitable 28 manner on commercially reasonable terms to place the antenna 29 on an existing structure within the search ring without 30 increasing the height. 31 (c) Public hearing for side-mount and rooftop antennas. Those 1 23 1 antennas that do not satisfy the requirements set forth in Section 2 656.1510(b), Ordinance Code, shall be reviewed by the Commission. 3 Within seven days of notification from the Coordinator that the 4 application is complete, an application for a rooftop or side-mount 5 antenna which is subject to a public hearing before the Commission, 6 shall be scheduled for review before the next meeting of the 7 Commission. When the Commission acts on a side-mount or rooftop 8 antenna application, such action shall be deemed the final action 9 of the City as of the effective date of the final action by the 10 Commission. A final action under this Section shall not be reviewed 11 further by the City Council. Any person with standing may challenge 12 a final action taken by the Commission in whatever way authorized 13 by federal or state law. The Commission shall approve, deny or 14 conditionally approve an application for a wireless communication 15 antenna based upon its compliance with the applicable siting and 16 design standards, as follows: 17 (1) Low impact/stealth or camouflaged design rooftop 18 antennas, design approved pursuant to Section 656.1509(c) 19 Ordinance Code, not extending more than 25 feet above the roof 20 line shall be permitted in all zoning districts, subject to 21 the antenna application requirements set forth in this 22 Subpart. 23 (2) Nonlow impact/stealth or noncamouflaged design 24 rooftop antennas not extending more than ten feet above the 25 roof line shall be permitted in all zoning districts, subject 26 to the application requirements set forth in this Subpart. 27 (3) Side-mount antennas not projecting more than 20 28 inches from the face of the structure shall be permitted in 29 all zoning districts, subject to the application requirements 30 set forth in this Subpart. Side-mount antennas shall be 31 designed and placed so as to be architecturally and 1 24 1 aesthetically compatible with the structure. 2 (4) Neither rooftop nor side-mount antennas shall be 3 sited on any lot containing a single-family dwelling unit as 4 the principal structure. 5 (d) Variance from side-mount and rooftop height and 6 projection requirements. A variance from the maximum height and 7 projection requirements of this Subpart may only be obtained from 8 the Tower Review Committee in accordance with the procedures and 9 criteria set forth in Section 656.1509, Ordinance Code. 10 (d) Application requirements. 11 (1) Application fee. The application fee for review of 12 an application to site a wireless communication antenna on an 13 existing tower or structure shall be $200. 14 (2) Submittal information. Applications to site a 15 wireless communication antenna on an existing tower or 16 structure shall contain the following information: 17 (i) The identity of the wireless communication 18 service provider, as well as the owner(s) of the 19 structure and land upon which the antenna will be 20 located; 21 (ii) A written legal description of the site and a 22 boundary/improvements survey; 23 (iii) A description of the communications service 24 that the applicant offers or provides; 25 (iv) A site plan clearly indicating the antenna 26 size, type and height, and the location of any accessory 27 buildings; 28 (v) A landscape plan showing specific landscape 29 materials for accessory equipment located at ground- 30 level; 31 (vi) The method of fencing, finished color and, if 1 25 1 applicable, the method of aesthetic mitigation and 2 illumination. 3 (e) Notification. Upon approval of an application for a side- 4 mount and rooftop antenna, the Coordinator shall notify the 5 Jacksonville Sheriff’s Office, Jacksonville Aviation Authority and 6 Jacksonville Information Technology Department, and the District 7 Council Member. 8 Sec. 656.1511. Time Periods; automatic approval 9 (a) The Commission, Tower Review Committee of the City Council 10 shall grant or deny each properly completed application for a co- 11 location in no case later than 45 business days after the date the 12 application is determined to be properly completed by the 13 Coordinator. 14 (b) The Commission, Tower Review Committee or the City Council 15 shall grant or deny each completed application for any other Tower 16 Site in no case later than 90 business days after the date the 17 application is determined to be properly completed by the 18 Coordinator. 19 (c) If the Commission, Tower Review Committee or the City 20 Council does not act within the time periods set forth in this 21 Section, then the application for the co-location or tower site 22 shall be deemed to be automatically approved. 23 Sec. 656.1512. Performance standards. 24 In addition to the siting and design standards set forth in 25 this Subpart, all wireless communication towers shall satisfy the 26 following performance standards: 27 (a) No advertising. The wireless communication tower shall 28 not be used for any advertising purpose, including signage, designs 29 or logos. 30 (b) Security wall or fence. A minimum eight-foot high 31 finished masonry wall or wooden fence shall be required around all 1 26 1 portions of noncamouflaged wireless communication tower sites 2 visible from the public view. In industrial zoned sites, however, 3 the fence may be a chain link fence or other type of security 4 fence. For purposes of this Section, a finished masonry wall 5 includes, but is not limited to, stucco, brick or any other 6 decorative cover or finish. 7 (c) Landscaping. The visual impacts of wireless 8 communication tower sites shall be mitigated through the use of a 9 landscaping buffer consistent with the uncomplimentary buffer 10 requirements set forth in Section 656.1216, Ordinance Code. 11 (d) Illumination. No signals, lights or illumination shall 12 be permitted on any wireless communication tower, unless otherwise 13 required by the Federal Aviation Administration or such lighting or 14 illumination is part of the design of a camouflage scheme. 15 (e) Color. Noncamouflaged towers shall either have a dull 16 gray or galvanized finish or have a noncontrasting finish that 17 minimizes the visibility of the tower from public view, except 18 where contrasting color is required by federal or state regulation. 19 (f) Required signs. The security fence or wall surrounding 20 the tower site shall contain a sign, measuring no more than 30 21 inches wide by 24 inches high, identifying the primary party 22 responsible for the operation and maintenance of the facility, the 23 address and telephone number of that party, the FCC registration 24 and site identification numbers of the tower and the street address 25 of the tower site, where applicable. 26 Sec. 656.1513. Temporary towers. 27 Temporary antenna support facilities ("Cells on Wheels" or 28 "COWS") shall be permitted at a maximum height of 130 feet and for 29 a period not to exceed 90 days. Applications to permit a COW shall 30 be filed with the Coordinator and shall be granted upon payment of 31 the required application fee of $100. 1 27 1 Sec. 656.1514. Historic Landmarks, Historic Districts and 2 Neighborhood Conservation Districts. 3 A wireless communication tower may only be located in an 4 Historic District if it is a camouflaged tower. Applications to 5 site a camouflaged tower or place a wireless communication antenna 6 in an Historic District will not be processed until such time as 7 the applicant has obtained a Certificate of Appropriateness, 8 pursuant to Chapter 307, Ordinance Code. 9 Any alteration made to an historical structure to accommodate 10 the siting of a wireless communication antenna shall be fully 11 reversible. 12 Sec. 656.1515. Performance guarantee. 13 No permit for the construction, replacement or modification of 14 a wireless communication tower shall be issued until the applicant 15 has provided the City with a performance guarantee (proof of which 16 shall be provided to the Coordinator) to ensure that the City has 17 the necessary funds for the following: 18 (a) Tower removal. The owner of any wireless communication 19 tower shall provide to the City an irrevocable evergreen standby 20 letter of credit in a form acceptable to the Office of General 21 Counsel and in an amount equal to the lesser of $25,000 or 150 22 percent of the estimated cost of removing the tower in the event of 23 abandonment, as evidenced by a certificate of a licensed 24 professional engineer or licensed contractor in the business of 25 removing wireless communication towers. The City may require an 26 increase in the security amount after five-year intervals to 27 reflect increases in the Consumer Price Index. The performance 28 security shall be payable to the City and shall be maintained in 29 effect until the tower and its associated equipment are removed and 30 the City has certified that the owner has met all of its 31 obligations hereunder. 1 28 1 (b) Landscaping and screening. In addition to the 2 performance security for removal of an abandoned tower, the owner 3 of any wireless communication tower shall also provide to the City 4 an irrevocable evergreen standby letter of credit in a form 5 acceptable to the Office of General Counsel and in an amount equal 6 to 150 percent of the estimated cost of landscaping and screening 7 the perimeter of the tower site in accordance with this Subpart, as 8 evidenced by a certificate of a professional landscape architect. 9 The performance security shall be payable to the City and shall be 10 maintained in effect for three years or until the City has 11 certified that the owner has met all of its obligations hereunder. 12 Sec. 656.1516. Registration and reporting requirements. 13 (a) Annual registration. On or before June 1 of each 14 calendar year, the owner of every wireless communication tower 15 within the City shall file with the Coordinator a declaration as to 16 the continuing operation of the facility, as well as the name and 17 address of the tower owner and the real estate number for the 18 subject parcel, including identification of all wireless 19 communication service providers located on the tower, complete with 20 names, addresses, and phone numbers of the respective contact 21 persons. 22 (b) Certification of structural integrity. Every five years 23 after issuance of the initial permit, or as otherwise requested by 24 the City, the owner of every wireless communication tower within 25 the City shall file with the Coordinator a "Certification of 26 Structural Integrity." This certification shall be prepared by a 27 licensed professional engineer, who shall attest that a thorough 28 and complete inspection of the tower was conducted and that the 29 tower and accessory structures are continuing to perform as 30 originally designed. 31 (c) Noncompliance. Failure to timely file either the annual 1 29 1 declaration or Certification of Structural Integrity shall result 2 in a presumption that the tower is either unused or unsafe, thereby 3 subjecting the tower to removal under the abandonment provisions of 4 this Subpart. 5 Sec. 656.1517. Abandonment. 6 (a) Discontinuation of use. In the event that the use of 7 any wireless communication tower is discontinued for a period of 8 180 consecutive days, the tower shall be deemed to be abandoned. 9 Upon determination that a tower has been abandoned, the Coordinator 10 shall provide written notice of same, by certified mail, to the 11 owner of the tower and all wireless communication service providers 12 located on said tower, as evidenced by the records of the 13 Coordinator. 14 (b) Evidence of abandonment. The following shall constitute 15 prima facie evidence that a wireless communication tower has been 16 abandoned: 17 (1) Failure or refusal of the tower owner to respond within 18 20 days to the Notice of Determination of Abandonment; 19 (2) Failure of the tower owner to submit the annual 20 registration or certification structural integrity; or 21 (3) Discontinuation of the use of the tower for a period of 22 180 consecutive days. 23 (c) Response to notice of abandonment. Upon receipt of the 24 Notice of Determination of Abandonment, the tower owner shall have 25 90 days within which to: 26 (1) Activate the use of the tower; 27 (2) Transfer the tower to another owner who shall make 28 actual use of the tower within the 90-day period; or 29 (3) Dismantle and remove the tower. 30 (d) Removal of abandoned tower. An abandoned wireless 31 communication tower and all associated equipment shall be removed 1 30 1 by the tower owner within 90 days of receipt of a Notice of 2 Determination of Abandonment. If the tower is not removed within 3 180 days of the date of abandonment, the City may remove the tower 4 and all associated equipment using the funds posted as security for 5 the tower in accordance with this Subpart. 6 Section 3. Effective Date. This ordinance shall become 7 effective upon signature by the Mayor or upon becoming effective 8 without the Mayor's signature. 9 10

11 Form Approved: 12

13 /s/ Dylan T. Reingold______14 Office of General Counsel 15 Legislation Prepared By: Dylan Reingold

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