§ 58.849.3. Use Restrictions and Approval Process.

(a)

Maximum Height. The maximum height of a wireless communication facility is ten (10) feet above the utility pole or structure upon which the wireless communication facility is to be collocated. Unless waived by the City, the height for a new utility pole is limited to the tallest existing utility pole as of July 1, 2017, located in the same right-of-way, other than a utility pole for which a waiver has previously been granted, measured from grade in place within 500 feet of the proposed location of the wireless communication facility. If there is no utility pole within 500 feet, the maximum height of a wireless communication facility is 50 feet. The maximum height of a wireless communication facility in a Historic Preservation overlay district is thirty-five (35) feet.

(b)

Administrative Review. Wireless communication facilities that comply with the height requirements in section (a)above, may be approved administratively through the right of way permitting process in Chapter 23, Orlando City Code. Applications for waivers to the height and design requirements shall be reviewed and approved, approved with conditions, or denied, by a city engineer or planning official letter of determination. In reviewing an application for a waiver, the planning official shall apply the standards of review provided for review of Conditional Use Permits as provided in Section 65.285, Orlando City Code. If the planning official approves the request, he or she may impose one or more of the conditions of development provided by Section 65.284, Orlando City Code. Conditions of development must be reasonably calculated to mitigate identifiable land use impacts of the installation of wireless communication facilities. Violations of development conditions constitute a violation of this section.

(c)

Conditional Use Permit. A Conditional Use Permit is required for wireless communication facilities that exceed the heights in sections 58.849.3(a) above. The maximum height permitted with a Conditional Use Permit is seventy-five (75) feet. Applications for Conditional Use Permits will be evaluated to ensure compliance with Section 58.844(a) and (b), Orlando City Code, and in accordance with the standards of review provided in Section 65.285, Orlando City Code.

(d)

Appeal of planning official's determination. Whenever the applicant disagrees with the decision of the planning official or any of the conditions imposed in the letter of determination, he or she may elect to appeal the planning official's determination to the Municipal Planning Board by filing a written Notice of Appeal within fifteen (15) days after receipt of the determination.

(e)

Modification of existing wireless communication facilities.

(1)

Removal or replacement of transmission equipment on an existing wireless communication facility shall be subject to no more than building permit review, and an administrative review for compliance with this section, provided the modification does not:

(a)

increase the height of the wireless communication facility by more than 10% or 10 feet whichever is greater.

(b)

involve installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four cabinets;

(c)

entail any excavation, closure of sidewalk, closure of vehicular lane, or deployment outside the current site of the wireless communication facility

(d)

defeat the existing concealment elements of the wireless communication facility; or

(e)

violate conditions associated with the prior approval of the wireless communication facility, unless the violation involves height, addition of cabinets, or new excavation.

(2)

This section does not apply to structures owned by the City or a historic building, structure, site, object, or district.

(Ord. No. 2016-39, § 2, 4-18-2016, Doc. #1604181201; Ord. No. 2018-32, § 2, 6-11-2018, Doc. #1806111203)