Waiver of objective design standards for small wireless facilities.
Tampa City Code § 22-329
in effectSec. 22-329. - Waiver of objective design standards for small wireless facilities.
(a) Objective design standards provided in sec. 22-328 may be waived by the city transportation engineer or designee, upon the wireless services provider demonstrating to the city, that the objective design standards are not reasonably compatible for the particular location of a small wireless facility or that the objective design standards impose an excessive expense. The objective design standards may also be waived to comply with 47 U.S.C. 332 pertaining to gap in coverage. Any application seeking a waiver to sec. 22-328 within a local historic district or local landmark, outside of Ybor City Historic District, shall require approval of a certificate of appropriateness through the Architectural Review Commission as set forth in Chapter 27, Article II, Division 4 of this Code.
(b) A request for a waiver shall be filed contemporaneously with the small wireless facility collocation (SWFC) application. The request for waiver shall contain each section or subsection for which a waiver is being sought. A request for a waiver shall include a detailed explanation, with supporting engineering or other data, as to why a waiver from the requirements of this article is required. For waivers based on 47 U.S.C. 332, the request for waiver must demonstrate that denial of the SWFC application will result in a significant gap in a wireless service provider's coverage, and that the proposed facility is the least intrusive means for closing that gap within said wireless service provider's network.
(c) In granting any waiver, the city transportation engineer may impose conditions to the extent the engineer concludes such conditions are necessary to minimize any adverse effects of the proposed small wireless facility within a five hundred (500) feet radius of the proposed location, or to protect the health, safety, and welfare of the public.
(d) The city transportation engineer shall grant or deny a request for a waiver within forty-five (45) days after receiving such request.
(Ord. No. 2017-150, § 52, 10-26-2017)
Source: City of Tampa, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH22STSI_ARTIVCOFAPURI-W_DIV3GEPEREPR_SD2SPPEAPREREPR_S22-329WAOBDESTSMWIFAFetched: 10/28/2026