BROADCAST TOWER OVERLAY ZONING DISTRICT

Jacksonville Ordinance Code tit. XVII, ch. 656, pt. 15, subpt. B

in effect

Jacksonville Ordinance Code § 656.1520 Purpose and declaration of policy.

Sec. 656.1520. - Purpose and declaration of policy. The purpose of Subpart B, Broadcast Tower Overlay Zoning District (the "Broadcast Tower Overlay"), is to formally designate defined area(s) for the siting of new and replacement FM and television broadcast towers within the boundaries set forth on the Eastern Broadcast Tower Overlay, formerly the Broadcast Tower Overlay, (Figure 15-A), a copy of which is on file with the Legislative Services Division as Exhibit "A" to Ordinance 2001-293-E, and the siting of new and replacement AM and FM broadcast towers within the boundaries set forth in the Western Broadcast Tower Overlay, Figure 15-B, a copy of which is on file with Legislative Services Division as Revised Exhibit "A" to Ordinance 2005-730-E (collectively referred to as the "Broadcast Tower Overlay"). The land included within the Broadcast Tower Overlay shall be subject to the Broadcast Tower regulations contained in this Subpart, Part 15, Chapter 656, Ordinance Code, and the siting of new broadcast towers shall be limited to the Broadcast Tower Overlay. These regulations shall supersede any and all conflicting provisions of Chapter 656, Ordinance Code, except as otherwise specifically provided herein. The purpose of Subpart B, Broadcast Tower Overlay Zoning District (the "Broadcast Tower Overlay"), is to formally designate defined area(s) for the siting of new and replacement FM and television broadcast towers within the boundaries set forth on the Eastern Broadcast Tower Overlay, formerly the Broadcast Tower Overlay, (Figure 15-A), a copy of which is on file with the Legislative Services Division as Exhibit "A" to Ordinance 2001-293-E, and the siting of new and replacement AM and FM broadcast towers within the boundaries set forth in the Western Broadcast Tower Overlay, Figure 15-B, a copy of which is on file with Legislative Services Division as Revised Exhibit "A" to Ordinance 2005-730-E (collectively referred to as the "Broadcast Tower Overlay"). The land included within the Broadcast Tower Overlay shall be subject to the Broadcast Tower regulations contained in this Subpart, Part 15, Chapter 656, Ordinance Code, and the siting of new broadcast towers shall be limited to the Broadcast Tower Overlay. These regulations shall supersede any and all conflicting provisions of Chapter 656, Ordinance Code, except as otherwise specifically provided herein. [image omitted; see the official code] Figure 15-A Broadcast Tower Overlay Map [image omitted; see the official code] Figure 15-B Broadcast Overlay Boundaries (Ord. 2001-600-E, §§ 2, 3; Ord. 2005-730-E, § 1)

Jacksonville Ordinance Code § 656.1521 Applicability; use of existing structures.

Sec. 656.1521. - Applicability; use of existing structures. (a) No new broadcast tower shall be constructed on land within Duval County other than within the Broadcast Tower Overlay. No new television broadcast towers may be constructed within the Western Broadcast Tower Overlay. Any existing broadcast tower located anywhere in the County other than the Broadcast Tower Overlay shall be deemed a legal nonconforming use after the date of this Broadcast Tower Overlay is enacted. Notwithstanding their status as legal nonconforming uses, all existing broadcast towers shall comply with the permitting and inspection requirements set forth in this Subpart. (b) Broadcast towers shall be considered a principal use in the Broadcast Tower Overlay. A different existing use or an existing structure on the same lot shall not preclude the installation of a broadcast tower on such lot. For purposes of determining whether the installation of a broadcast tower complies with the Broadcast Tower Regulations, including but not limited to set-back requirements, lot-coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the broadcast towers may be located on leased parcels within such lots. (Ord. 2001-600-E, §§ 2, 3; Ord. 2005-730-E, § 1)

Jacksonville Ordinance Code § 656.1522 Replacement broadcast towers.

Sec. 656.1522. - Replacement broadcast towers. (a) Any existing broadcast tower located outside the Broadcast Tower Overlay may be replaced as a matter of right, so long as (1) the replacement broadcast tower and antennae do not exceed the height of the existing structure, and (2) the broadcast tower owner has complied with all permitting and inspection requirements set forth in this Subpart. (b) Any existing broadcast tower located within the Broadcast Tower Overlay may be replaced as a matter of right, so long as (1) the replacement broadcast tower and antennae do not exceed the height of the existing structure by more than 50 feet, and (2) the broadcast tower owner has complied with all permitting and inspection requirements set forth in this Subpart. (Ord. 2001-600-E, §§ 2, 3)

Jacksonville Ordinance Code § 656.1523 New broadcast towers.

Sec. 656.1523. - New broadcast towers. (a) Permission to site and construct a new broadcast tower shall only be given upon a showing of need. An application for a new broadcast tower permit must be reviewed and approved by the City Council. (b) An application for a new broadcast tower permit shall only be granted upon an affirmative showing that: (1) One or more broadcast towers in Duval County having a combined height equal to or exceeding that of the proposed broadcast tower, will be permanently removed upon construction of the new broadcast tower; or (2) Co-location of the proposed antennae on an existing tower within the Broadcast Tower Overlay is not financially feasible. Co-location on existing towers within the Broadcast Tower Overlay shall be presumed financially feasible, absent a finding that the fees and costs associated with co-location exceed 100 percent of the cost of constructing a new broadcast tower of the same type; or (3) The proposed broadcast tower in the Eastern Broadcast Tower Overlay will be used to support two or more television broadcast signals for the transmission of separate DTV broadcast channels. (c) Any new broadcast tower constructed in the Western Broadcast Tower Overlay shall be constructed to allow for co-location of multiple wireless communication providers. (d) Any new broadcast tower constructed in the Western Broadcast Tower Overlay shall be setback at least: (1) 150 percent of the tower height from RR, RLD, RMD and RHD, ROS, PBF and CSV zoned properties; (2) 150 percent of the tower height from transportation view corridors, public parks, and environmentally sensitive lands; and (3) 100 percent of the tower height from AGR zoned properties. (Ord. 2001-600-E, §§ 2, 3; Ord. 2005-730-E, § 1)

Jacksonville Ordinance Code § 656.1524 Broadcast tower permitting requirements.

Sec. 656.1524. - Broadcast tower permitting requirements. (a) A permit authorizing the construction, replacement or structural modification of a broadcast tower must be obtained from the Public Works Department prior to commencement of any such work. Structural modification of a broadcast tower shall include activities such as adding or relocating any transmission line or appurtenance involving a line of three inches or more in diameter, or adding or relocating any transmission line located more than 500 feet above the ground. (b) The permit application requirements of this Subpart shall not apply to nonstructural modifications or maintenance activities. (c) A building permit authorizing the construction or replacement of a broadcast tower shall be transferable and run with the land, unless otherwise provided herein. (d) The permit application fee for a new broadcast tower shall be as found in www.coj.net/fees, and the application shall include the following information, in a form approved by the Public Works Department: (1) An inventory of the applicant's existing radio and television broadcast towers in the County, including specific information about the location, height, and design of each broadcast tower, along with existing and planned antennae. For purposes of this Section, the "applicant" means both the entity proposing to construct the broadcast tower and the broadcast carrier(s) whose antenna(e) will be located on the broadcast tower. The Coordinator shall create and maintain a single database for storing this information and identifying all radio and television broadcast towers, along with associated antennae, within the County. (2) The legal description of the land upon which the broadcast tower is to be located, evidencing that the site of the broadcast tower is within the Broadcast Tower Overlay. (3) Proof that the applicant owns the broadcast tower location or has a leasehold interest in the tower location. If a leasehold interest, the lease must evidence a term of at least ten years, and the fee simple owner must consent in writing to the proposed use of the broadcast tower location. (4) A survey prepared by a licensed Florida surveyor showing: (i) Property boundary lines of the broadcast tower location, all adjacent lands and adjacent streets or rights-of-way. (ii) Broadcast tower and guy wire locations. (iii) Location and square footage of all buildings and other structures located, or to be located, on the tower location. (iv) Driveways and parking area locations and materials, showing the number of parking spaces and handicapped parking spaces. (v) Fence locations showing height and materials. (vi) Elevation and broadcast tower loading design drawings of the proposed broadcast tower, showing antenna types and locations, and specifying the elevations of the broadcast tower and each antennae above the ground and mean sea level. (5) A certification signed and sealed by a professional engineer registered in the State of Florida attesting to the following: (i) Written description of the method, materials, equipment, and contractors (if known) to be used in the construction of the broadcast tower and installation of antennae a statement that the broadcast tower is structurally capable of withstanding such construction activities. (ii) Structural integrity of the broadcast tower as it is planned to be constructed and loaded. (6) FAA's determination of no hazard to air navigation. (7) Signed indemnity agreement promulgated by the Department, as may be amended from time to time. (Ord. 2001-600-E, §§ 2, 3; Ord. 2001-1058-E, § 10; Ord. 2017-665-E, § 29)

Jacksonville Ordinance Code § 656.1525 Antenna permitting requirements.

Sec. 656.1525. - Antenna permitting requirements. A permit authorizing the placement of a communications antenna on an existing broadcast tower must be obtained from the Public Works Department prior to commencement of any such work. The permit application fee for any such antenna shall be as found in www.coj.net/fees, and the application shall include the following information, in a form approved by the Public Works Department: (1) An inventory of the applicant's communication antennae in Duval County; (2) The legal description of the land upon which the broadcast tower is located; (3) The owner of the proposed antenna; (4) A description of the proposed antenna, including the specific type of antenna and its intended purpose (e.g., two-way radio, paging, PCS, cellular, etc.); (5) An elevation and design drawing of the proposed antenna, identifying the proposed placement of the antenna on the broadcast tower and specifying the elevation of the proposed antenna above the ground and mean sea level. (Ord. 2001-600-E, §§ 2, 3; Ord. 2017-665-E, § 29)

Jacksonville Ordinance Code § 656.1526 Periodic inspections and maintenance.

Sec. 656.1526. - Periodic inspections and maintenance. (a) The owners of all broadcast towers shall perform periodic inspections and maintenance to ensure safety and extend the service life of the broadcast tower. All broadcast towers shall perform major inspection within one year from the effective date of this Part or from completion of construction of a new broadcast tower, and at least once every three years thereafter, in accordance with the following procedure: (1) The tower owner shall perform necessary inspections of the broadcast tower, including the structural integrity of the broadcast tower and condition of associated appurtenances, and prepare a report of such inspections. (2) The tower owner shall engage a professional engineer registered in the State and familiar with broadcast tower construction to review the report and issue a letter detailing recommended repairs to be made to the broadcast tower and the recommended timing thereof. (3) The tower owner shall cause the recommended repairs to be made to the broadcast tower, and the professional engineer shall re-inspect the broadcast tower and certify to the Department that all recommended repairs have been made. (4) Within 120 days after the major inspection deadline, the tower owner shall furnish the professional engineer's initial inspection report to the Public Works Department. (b) Failure of a tower owner to fully and timely comply with the inspections, repairs, maintenance, and reporting obligations set forth herein shall result in a fine of $2,000 per day for every day of noncompliance after the deadlines established herein. The time period for compliance set forth above may be extended by the Chief, Building Inspection Division, for good cause shown. (Ord. 2001-600-E, §§ 2, 3)

Jacksonville Ordinance Code § 656.1527 Design criteria.

Sec. 656.1527. - Design criteria. (a) The design criteria set forth in this Subpart apply only to new and replacement broadcast towers. (b) The tower compound area of all new and replacement broadcast towers shall be surrounded by a fence at least eight feet in height with at least three strands of barbed wire on top, which the tower owner shall maintain in good repair. Additionally the base and the guy wires of the broadcast tower shall be protected by a fence at least eight feet in height with at least three strands of barbed wire on the top, which the tower owner shall maintain in good repair. (c) The maximum height of any broadcast tower allowed in the Broadcast Tower Overlay is 1,149 feet above the mean sea level. (d) All new broadcast towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennae. All existing broadcast towers shall comply with all standards and regulations of the FAA, the FCC, and any other agency in effect at the time the broadcast tower was constructed. To ensure the structural integrity of broadcast towers, the tower owner shall ensure that it is maintained in compliance with standards contained in the applicable local building codes and the applicable standards in effect at the time the broadcast tower was constructed. If, upon inspection, the governing authority inspection department concludes that a broadcast tower fails to comply with such codes and standards, then upon notice being provided to the owner of the broadcast tower, the tower owner shall have 150 days to bring such broadcast tower into compliance with such codes and standards. If the tower owner fails to bring such broadcast tower into compliance within said 150-day period, the governing authority may remove such broadcast tower at the tower owner's expense. The time period for compliance set forth above may be extended by the Chief, Building Inspection Division, for good cause shown. (e) The tower owner shall landscape the entire boundary of those portions of the broadcast tower location located contiguous to residentially zoned districts to provide visual screening of the guy lines and related structures provided, however, that no such landscaping shall be required if existing vegetation provides a comparable vegetative buffer to the landscaping requirements set forth below. The landscaping shall encompass an area 15 feet in width, as measured from the property line, and shall include the following: (1) A row of shade trees a minimum of eight feet tall and a maximum of ten feet apart; (2) A continuous hedge at least 30 inches high at the time of planting, capable of growing to at least 36 inches in height within 18 months, shall be planted in front of the tree line referenced above; (3) All required landscaping shall be of the evergreen variety; (4) All required landscaping shall be xeriscape tolerant or irrigated and properly maintained to ensure good health and vitality. (Ord. 2001-600-E, §§ 2, 3)

Jacksonville Ordinance Code § 656.1528 Termination of use.

Sec. 656.1528. - Termination of use. Abandoned or vacated broadcast towers must be disassembled and removed by the broadcast tower owner no later that six months after the broadcast tower ceases to be used as an active broadcast tower for a period of 12 continuous months. (Ord. 2001-600-E, §§ 2, 3)

Jacksonville Ordinance Code § 656.1529 Reserved.

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=TITXVIILAUS_CH656ZOCO_PT15COTOANRE_SPBBRTOOVZODIFetched: 10/27/2026