§ 146-3. Applicability.

(a)

Except as provided for in subsection (b) of this section, this chapter shall apply to development activities including installation, construction, or modification to the following wireless communications facilities:

(1)

Existing antenna-supporting structures;

(2)

Proposed antenna-supporting structures;

(3)

Public antenna-supporting structures;

(4)

Replacement of existing antenna-supporting structures;

(5)

Collocation on existing antenna-supporting structures;

(6)

Attached wireless communications facilities;

(7)

Stealth wireless communications facilities;

(8)

Satellite earth stations; and

(9)

Noncommercial amateur, ham radio, or citizen's band antenna-supporting structures with heights greater than 70 feet.

(b)

The following items are exempt from the provisions of this chapter, notwithstanding the provisions contained in Chapter 6:

(1)

Amateur radio antennas as provided in F.S. § 125.561;

(2)

Satellite earth stations that are one meter or less in diameter and which are not greater than 35 feet above grade;

(3)

Satellite earth stations that are two meters or less in diameter and that are located or proposed to be located in the following land use (zoning) districts: C1, C2, I, MI, SC, and UC;

(4)

Regular maintenance of any existing wireless communications facility that does not include the placement of a new wireless communications facility;

(5)

The substitution or change of existing antennas or other equipment on an existing antenna-supporting structure, provided the substituted antennas or equipment do not diminish the structural capacity of the antenna-supporting structure, and provided such change does not increase the overall height of the structure;

(6)

Any existing or proposed antenna-supporting structure with an overall height of 70 feet or less above ground level; and

(7)

A wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity for the facility by the Director of Public Safety; except that such facility must comply with all federal and state requirements. No wireless communications facility shall be exempt from the provisions of this chapter beyond the duration of the state of emergency.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)