§ 2.10.05. Special exception approval.

The following requirements for special exception approval shall apply to communication towers and communication antennas in addition to the regulations for the zoning district in which a communication tower/antenna is to be located:

(1)

Land use compatibility:

(a)

Communication towers and antennas shall be located and buffered to ensure compatibility with surrounding land uses. To help ensure such compatibility, each application for a special exception for a proposed communication tower shall include, as a minimum, the following information:

1.

The exact location of the proposed tower/antenna located on the most recent version of a Flagler County Property Appraiser's Tax Map;

2.

The maximum height of the proposed tower/antenna;

3.

The color or colors of the proposed tower/antenna;

4.

The location, type, and intensity of lighting for the proposed tower/antenna;

5.

The location of the proposed tower/antenna, placed upon an aerial photograph possessing a scale of not less than one inch equals three hundred feet (1" = 300'), indicating all adjacent land uses within a radius of two thousand six hundred forty (2,640) feet from all property lines of the proposed tower/antenna location site;

6.

Such other additional information as may be required by city staff to fully review and evaluate the potential impact of a proposed tower/antenna;

7.

Line of site analysis. The line of site analysis shall include the following information:

a.

An identification of significant existing natural and manmade features adjacent to the proposed tower/antenna location to include those features that will provide buffering for adjacent properties and public rights-of-way;

b.

An identification of at least three (3) specific points within a two thousand-foot radius of the proposed tower/antenna from which the line of site analysis is presented;

c.

A statement as to the potential visual and aesthetic impacts of the proposed tower/antenna from which the line of site analysis is presented;

d.

A graphic illustration of the visual impact of the proposed tower/antenna on all adjacent residential zoning districts;

e.

Such other additional information as may be required by city staff to fully review and evaluate the potential impact of the proposed tower/antenna.

f.

The exact location of the specific points to be included within the line of site analysis shall be determined in coordination with the city staff, prior to preparation and completion of the analysis;

g.

The visual impact analysis shall be prepared and sealed by an engineer or architect registered in the State of Florida. The City of Flagler Beach, at the expense of the applicant, may employ consulting assistance to review the findings and conclusions of the visual impact analysis.

(2)

Shared use of communication towers. Each application for a special exception for a proposed communication tower shall also include the following information:

(a)

A written statement from the county and adjacent city planning departments regarding the availability of any existing or approved, but unbuilt, communication towers in the Flagler Beach area; and

(b)

A written evaluation of the feasibility of sharing a communication tower, if an appropriate communication tower or towers is available.

The evaluation shall analyze, but is not limited to, the following factors:

1.

Structural capacity of the tower or towers;

2.

Radio frequency interference;

3.

Geographic service area requirements;

4.

Mechanical or electrical incompatibilities;

5.

Inability or ability to locate equipment on the tower or towers; and

6.

Any restrictions or limitations of the Federal Communications Commission that would preclude the use of the tower.

(c)

A master plan for the communication company's cellular and/or digital network showing the location of the other existing towers in the company's network and all other towers currently in application for approval before the city, the county, or adjacent city jurisdictions.

(d)

A wiring plan showing the fiberoptic lines and wires connecting the applicant's equipment and facilities together and identifying the owner of the lines and wires as well as the public property traversed.

(e)

A map based on best available data from the Federal Communications Commission showing the locations of all known towers one hundred fifty (150) feet or higher and of antennas twenty (20) feet or higher on existing structures in the Flagler Beach area.

(3)

[Denial of application.] The city commission may deny any application for a special exception to permit construction of a communication tower/antenna if, in the opinion of the city commission, the above land use compatibility, line of site, and/or shared use analysis demonstrates that any of the following may occur:

(a)

The tower/antenna will be highly visible from one (1) or more public rights-of-way;

(b)

The tower/antenna may adversely affect a residential neighborhood, indicated when an average of at least fifty (50) percent of total height of the proposed tower/antenna will be visible from said neighborhood;

(c)

The tower/antenna may adversely affect surrounding residential and/or nonresidential properties;

(d)

The proposed tower/antenna will be of a height, bulk and scale that is not compatible with surrounding residential and/or nonresidential uses; or

(e)

The tower needs of the applicant may be met reasonably by or on existing or approved communication towers in the area.

(4)

[Condition of special exception approval.] As a condition of special exception approval, time limitations on said approval may be established upon the expiration of which the special exception use shall be reevaluated at a public hearing by the city commission.

(5)

[Written denial of application; basis.] A decision to deny an application for a communication tower or communication antenna shall be in writing and must be based on evidence in the record before the city commission at the time that the decision is issued.