PERMITS FOR COMMUNICATION ANTENNAS AND TOWERS ON CITY PROPERTY

Jacksonville Ordinance Code tit. V, ch. 122, pt. 4, subpt. E

in effect

Jacksonville Ordinance Code § 122.450 Purpose and declaration of policy.

Sec. 122.450. - Purpose and declaration of policy. The purpose of this Subpart is to discourage the erection of communication towers and antennas in residentially zoned areas by providing alternative sites to providers of communication services where such sites will not detract from the public's use, safety and enjoyment of public property, will be compatible with the general character and aesthetics of the neighborhood or area, and will not have a significant detrimental impact on adjacent property values. It shall be the City's policy to lease certain City owned property including appropriate City Recreation and Parks Department property for the installation and operation of communication towers, and to have the lease fees from leases on all City property to be used to help provide an enhanced level of maintenance and capital improvements for City parks. It shall be the City's policy to allow for the erection of communication towers and communication antennas, as defined in Section 656.1502, Ordinance Code, on City property when the requirements of Section 122.453 and Part 15 of Chapter 656 are met and the applicant shall have agreed to construct the proposed communication tower so as to accommodate antennas for at least two additional separate communication service providers, and one antenna for the City and one antenna for JEA, if requested by the City and JEA. It is the City's goal that council members will assist the Real Estate Division with coordinating appropriate citizen involvement in the communication tower lease process. (Ord. 2005-1283-E, § 7; Ord. 2005-1374-E, § 1; Ord. 2011-732-E)

Jacksonville Ordinance Code § 122.451 Communication tower and antenna lease.

Sec. 122.451. - Communication tower and antenna lease. An application for a lease of City property for the erection of a communication tower or antenna shall be filed with the Real Estate Division and shall be accompanied by payment to the Real Estate Division of an application fee as found in www.coj.net/fees. The Chief of the Real Estate Division is authorized and directed to establish: (a) A lease application form for requesting permission to install communication towers and antennas; (b) The information and documents required to be submitted to the City by applicants for leases. (Ord. 2005-1374-E, § 1; Ord. 2017-665-E, § 4)

Jacksonville Ordinance Code § 122.452 Notification of City department; authorization to enter into Inspection and Access Agreement.

Sec. 122.452. - Notification of City department; authorization to enter into Inspection and Access Agreement. Once the Communication Tower Lease Coordinator has received the lease application, payment of the application fee and any additional required materials, the Communication Tower Lease Coordinator shall notify the District Council Member and the City department that has jurisdiction over the subject property of the submittal of the lease application and forward the lease application to the City department. With the written consent of the City department that has jurisdiction over the subject property, the Chief of Real Estate is authorized to execute an Inspection and Access Agreement, as approved by the enabling ordinance, with applicants for the inspection of the City property. At the end of the Inspection Period, the Applicant shall inform the Communication Tower Lease Coordinator whether the Applicant wishes to execute a lease. (Ord. 2005-1374-E, § 1)

Jacksonville Ordinance Code § 122.453 Authorization to enter into lease.

Sec. 122.453. - Authorization to enter into lease. The Chief of Real Estate is authorized to execute a lease with applicants for the installation of communication towers and communication antennas on City property if: (a) The application receives a favorable written response from the District Council Member and the City department that has jurisdiction over the property or the District Council Member or the City department that has jurisdiction over the property do not object to the application or request additional information in writing by either electronic communication or U.S. mail within 30 days of the Chief of Real Estate's request. The Chief of Real Estate shall request input from the District Council Member and the City department that has jurisdiction over the property once the Applicant has informed the Communication Tower Lease Coordinator that the Applicant wishes to execute a lease. Even if the City department that has jurisdiction over the property provides a favorable written response or does not object, such response does not waive its ability to object to the lease fee, pursuant to Section 122.454. (b) With respect to City property that is under the jurisdiction of the Recreation and Parks Department, the Director of the Recreation and Parks Department determines that the City park is an appropriate location and that the proposed communication tower is consistent with the Recreation and Parks Department Communication Tower Siting Guidelines. The Director of the Recreation and Parks Department shall utilize the Communication Tower Siting Guidelines for determining which City parks are appropriate for a lease and the criteria for the placement of communication towers in those City parks deemed appropriate. The Communication Tower Siting Guidelines for determining which City parks are appropriate shall address, at a minimum, such issues as the size and the type of City park. Even though a City park may be appropriate for a communication tower, the Director must determine that the communication tower design and location is appropriate considering the historical, architectural, aesthetic or environmentally sensitive nature of the park and surrounding area. (c) With respect to City property that is under the jurisdiction of the Department of Public Works, the Director of Public Works determines whether the property is suitable for the proposed communication tower or antenna, considering the current and future proposed use of the property. (d) With respect to City property which is surplus property, under the jurisdiction of the Public Works Real Estate Division, the Chief of Real Estate shall determine whether the property is suitable for the proposed communication tower. (e) With respect to applications for a lease for communication tower sites, the applicant provides evidence satisfactory to the Chief of Real Estate that the applicant has examined existing structures in the vicinity of the proposed communication tower site, as well as proposed communication towers for which a building permit has been issued, if any, and that such existing structures are either unsuitable for the applicant's use or unavailable to the applicant at reasonable cost. (f) With respect to applications for communication tower sites, the applicant provides its written consent to (i) construct the proposed communication tower so as to accommodate antennas for at least two additional communication service providers, and one antenna for the City and one antenna for JEA, if requested by the City and JEA. The Communication Tower Lease Coordinator shall inform the appropriate City official and JEA of the intent of the applicant to enter into a lease of City property for the construction of a communication tower. The City and JEA shall have 30 days from the date in which the applicant informs the Communication Tower Lease Coordinator that the applicant wishes to execute a lease in which to request space on the communication tower for an antenna. (1) At the discretion of the Director of Finance and Administration, after review of the financial condition of the applicant, the applicant may be required to post a bond, the form and substance of which shall be approved by the Office of General Counsel, in an amount which is adequate to ensure prompt payment of loss, damage, cost and expense which may be incurred by the City or an adjoining property owner in connection with the installation, maintenance or removal of the communication tower and/or antenna or the failure of the applicant to comply with the conditions of the lease. (2) The Chief of Real Estate, at his or her discretion, may execute one master lease covering multiple sites. The Chief of Real Estate is authorized to execute a Master Tower Lease Agreement, as approved by the enabling ordinance. The Chief of Real Estate may add more stringent terms and conditions to any lease for the protection of the City's interest, including conditions relating to additional setbacks, increased landscaping, time limits for completion of installation, additional safety measures to be adopted during installation, limitation on hours of nonemergency maintenance, etc. Any expenditures relating to conditions imposed by the Chief of Real Estate that require the applicant to construct, install or otherwise provide capital improvements for utilization by the City, such as recreational lighting, shall not be set off against lease fees imposed by this Subpart. If the terms and conditions imposed pursuant to this Section are not acceptable to the applicant, the application shall be considered denied. (Ord. 2005-1283-E, § 7; Ord. 2005-1374-E, § 1; Ord. 2011-732-E; Ord. 2016-140-E, § 16)

Jacksonville Ordinance Code § 122.454 Lease fees.

Sec. 122.454. - Lease fees. The annual lease fee for each new communication tower or antenna site shall be determined by the Chief of Real Estate and the City department which has jurisdiction over the property, based on his determination of the fair market rental value of the proposed site and shall be payable as set forth in the Master Tower Lease Agreement. However, in no event shall the lease fees be less than $25,000 per year. Fees shall increase a minimum of four percent annually, or equal to the increase in the Consumer Price Index for All Urban Consumers (CPI-U), whichever is greater, to be applied annually. In addition, if the lease holder permits a third party or parties to locate antenna on the communication tower, the lease holder shall pay to the City, a co-location payment equal to the greater of $750 per month, increasing a minimum of four percent annually, or equal to the increase in the Consumer Price Index for All Urban Consumers (CPI-U), whichever is greater, or 25 percent of the rent, fees and other payments paid to the lease holder during the annual period by each third-party carriers or other users of the communication tower. Lease fees and co-location payments, plus sales tax, shall be made to the Real Estate Division, or as otherwise provided in the lease. Annual fees and co-location payments shall be prorated for partial years. The lease holder shall promptly provide to the City a copy, certified as true and complete by an authorized officer of the lease holder, of each co-location, lease or agreement (and cash amendment) showing the payments due to the lease holder, as well as such other documentation which may reasonably be required to evidence compliance with this Section. (Ord. 2005-1374-E, § 1)

Jacksonville Ordinance Code § 122.455 Towers camouflaged.

Sec. 122.455. - Towers camouflaged. All communication towers and antennas proposed to be located on City property must be designed as camouflaged towers, and will be subject to the requirements set forth in Chapter 656, Part 15, Ordinance Code. All communication towers and antennas must be designed to be compatible with the surrounding uses. (Ord. 2005-1374-E, § 1)

Jacksonville Ordinance Code § 122.456 Lease fee accounts.

Sec. 122.456. - Lease fee accounts. The lease fees and co-location payments obtained from leases of City property shall be deposited into the Communication Tower Special Revenue Fund account for the Council District in which the City property is located, as set forth in Section 111.190, Ordinance Code. (Ord. 2005-1374-E, § 1; Ord. 2006-422-E, § 124)

Jacksonville Ordinance Code § 122.457 Communication tower lease coordinator.

Sec. 122.457. - Communication tower lease coordinator. There shall be appointed by the Chief of Real Estate a Communication Tower Lease Coordinator. The Communication Tower Lease Coordinator shall be responsible for monitoring all lease accounts and payments and modifications to leases. The Communication Tower Lease Coordinator shall also coordinate the processing of applications for proposed communication towers or antennas with the District Council Member and the City department with jurisdiction of the proposed site. The Communication Tower Lease Coordinator shall mail a notice, consistent with the notices of the time and place of any public hearing required to be held by the City, of the public meeting to be held before the Planning Commission regarding the proposed communication tower lease at least 14 days in advance of said public meeting to all owners of real property within 500 feet of the boundaries of the land upon which the communication tower will be located. For the purpose of this notice requirement, the names and addresses of the owners shall be deemed to be those on the current tax records in the office of the Property Appraiser. Such notices shall be paid for by the Applicant. (Ord. 2005-1374-E, § 1)

Jacksonville Ordinance Code § 122.458 Termination.

Sec. 122.458. - Termination. A communication tower or antenna lease may be terminated as follows: (a) By Lessee or the City if Lessee is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction, installation, or operation of the Telecommunication Facility or lessee's business within 120 days from the execution of this Lease; (b) By Lessee, upon 30 days prior written notice to the City, if the Leased Premises is not appropriate for Lessee's operations for economic or technological reasons, including, but not limited to signal interference; (c) By Lessee upon 30 days prior, written notice to the City if Lessee is unable to operate the Wireless Telecommunication Facility on the Leased Premises due to the action of the FCC, including withdrawing channels or changing frequencies; (d) By Lessee upon default of the City as set forth in the Master Tower Lease Agreement; (e) By the City upon default of the Lessee as set forth in the Master Tower Lease Agreement; (f) By the City if it determines that the communication tower is structurally unsound or otherwise not suitable for Lessee's use, including, but not limited to, consideration of age of the structure, damage, or destruction of all or part of the Tower from any source, or factors relating to condition of the Tower, however, Lessee shall first be afforded an opportunity to improve the Tower; (g) By the City if it determines that continued use of the communication tower is a threat to the public health, safety, or welfare or violates applicable laws or ordinances; (h) By the City, upon one year's prior, written notice to Lessee in the event that, as a result of the City's permitting of the communication tower, any court, regulatory or governmental entity, including, without being limited to, the Florida Public Service Commission, issues any final order to the effect that the City is a "telecommunications company," as defined in the Florida Statutes, as amended; (i) By the City, upon 120 days prior, written notice to Lessee if the existence of the lease creates an adverse impact upon the City's tax-exempt bond status; (j) By the City, upon 180 days prior, written notice to Lessee if the communication tower or antenna ceases to be used for communication purposes for a period of 180 consecutive days and the permit holder does not recommence using the communication tower for communication purposes prior to expiration of such notice period; (k) By either the City or Lessee, at any time during the third five-year extension term, upon at least two years prior, written notice to the other party. (Ord. 2005-1374-E, § 1)

Jacksonville Ordinance Code § 122.459 Retention of jurisdiction of City.

Sec. 122.459. - Retention of jurisdiction of City. Notwithstanding that a lease may be executed by the Chief of Real Estate, the City retains jurisdiction of the portion of City-owned property subject to the lease for the purpose of capital improvement planning and construction and for the general welfare of the public, and the City reserves the right to revoke any lease under circumstances which threaten the public health or safety. (Ord. 2005-1374-E, § 1)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH122PUPR_PT4REPR_SPEPECOANTOPRFetched: 10/27/2026