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HomeMy WebLinkAboutO-14436City of Miami Ordinance 14436 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18258 Final Action Date: 1/8/2026 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, TITLED "DEFINITIONS," TO CLARIFY DEFINITIONS RELATING TO PERSONAL WIRELESS SERVICE FACILITIES ("PWSF") AND ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS," TO STREAMLINE PWSF ENTITLEMENT PROCESSES AND UPDATE ASSOCIATED DESIGN CRITERIA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Ralph "Rafael" Rosado WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, the Office of the City Manager appointed a Steering Committee to evaluate existing Miami 21 Code entitlements with the intent of identifying opportunities for process improvements and recommending legislative amendments ("Entitlement Reform Program"); and WHEREAS, the regulations confirm procedures and timelines for review, replacement, modification, and approval of Personal Wireless Service Facilities ("PWSF") applications, in accordance with state and federal requirements, to facilitate deployment while maintaining neighborhood character and mitigating impacts on neighboring properties; and WHEREAS, the City of Miami ("City") aims to establish standards for the siting, placement, and design of PWSF to ensure they are compatible with state and federal regulations, support investment and implementation of new technologies and services, and provide protections for surrounding land uses; and WHEREAS, PWSF standards promote collocation on existing structures such as rooftops, utility poles, and other non-traditional mounts, while discouraging unnecessary new towers and requiring visual screening, camouflage, and mitigation measures to reduce visual impacts; and WHEREAS, on October 8, 2025, at a duly notice public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered this text amendment to the Miami 21 Code, Item PZAB.15, and passed PZAB-R-25-065, recommending approval, by a vote of seven to one (7- 1); and WHEREAS, consideration has been given to the relationship of this proposed amendment to the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), with appropriate consideration as to whether the proposed change will further City of Miami Page 1 of 10 File ID: 18258 (Revision: A) Printed On: 1/27/2026 File ID: 18258 Enactment Number: 14436 the goals, objectives and policies of the MCNP; the Miami 21 Code; and other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, the City Commission after careful consideration of this matter, deems it in the best interest of the general welfare of the City and its inhabitants to approve this Miami 21 Code text amendment as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Article 1 of the Miami 21 Code is hereby amended in the following particulars:1 "ARTICLE 1. DEFINITIONS 1.2 DEFINITIONS OF TERMS Carrier: A company licensed by the Federal Communications Commission (FCC) that provides wireless services. A tower builder or owner is not a carrier unless licensed to provide personal wireless services. Lattice Tower: A type of mount that consists of multiple legs and cross -bracing of structural steel. Monopole: One type of self-supporting mount consisting of a single shaft of wood, steel or concrete and antennas at the top or along the shaft. Mount: The Structure or surface to which antennas are attached. 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. The added and updated definitions shall be alphabetized. City of Miami Page 2 of 10 File ID: 18258 (Revision: A) Printed on: 1/27/2026 File ID: 18258 Enactment Number: 14436 Personal Wireless Service Facility (PWSF): A facility for the provision of personal wireless services, as defined by Section 704 of the Telecommunications Act of 1996. A PWSF is a facility for the transmission or reception of personal wireless services, which may consist of an antenna array, transmission cables, equipment shelter or Building, access road, mount, and/or a guy system. Such facilities may include Monopole or Lattice Tower structures. Radio Frequency (RF) Engineer: A specialized type of electrical engineer who studies, designs, develops, tests, and/or maintains systems that transmit radio waves. Short Mounts: Alternatives to monopoles or lattice towers, such as masts or poles. For example, two (2) poles or three (3) masts might be an alternative to one lattice tower. Tower: a vertical mount constructed for the purpose of supporting antennas and other PWSF components. *„ Section 3. Article 6 of the Miami 21 Code is hereby amended in the following particulars:1 "ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.4 INFRASTRUCTURE AND UTILITIES 6.4.1 Personal Wireless Service Facilities (PWSF) The purpose and intent of these performance standards for the location, siting and design of PWSF are to: • Allow for alternative types of PWSF in locations pursuant to these standards. • Encourage the use of existing structures not originally built as antenna mounts such as rooftops, utility poles, and church steeples for deploying PWSF. Discourage new PWSF rnounts where co location and mounts on existing structures are po-sible; • Expedite the review prose-s for applications choosing the least intrusive alternative of deploying PWSF permitted by tTh-ese stand s • Encourage users of mounts to locate, site and design them in a way that minimizes the adverse visual impact of thc mounts and a-sociated equipment; . To promote compatibility of DWSF with surrounding land uses and protect the 1. Collocation a. Collocation of antennae, equipment enclosures, and ancillary facilities ("facilities") on existing towers as specified on FS 365.172 (12)(a)1.a., or on other structures as specified in FS 365.172(12)(a)1.b, shall be allowed by right, subject to the land development regulations in effect at thc time of the initial PWSF placement approval, when the collocation: facilities Tiro try be attached• and ' ' City of Miami Page 3 of 10 File ID: 18258 (Revision: A) Printed on: 1/27/2026 File ID: 18258 Enactment Number: 14436 • Does -not create ti r`'-+und space area ved in the site pIda land development regulations applied to the initial facilities placed on tower, and the tower supporting the facilities. However, the land development regulations at the time of the collocation application (other than regulation of the number of collocations) may be applied to the facilitics if they do not conflict with land development regulations applied to the initial PWSF; and • Is not located within a historic building, structure, site, object, or district, except for the collocation on existing towers. b. If only a portion of the collocation does not meet the requirements specified above, where all other portions of the collocation meet the requirements, that portion of the collocation may be required if applicable, except for collocation on existing towers. camouflaged tower, if the overall height of the modified or replaced tower is not increased. 2. Replacement or Modification reasonably determined by the City: when viewed from ground level from surrounding properties, or 3. New PlacementSubstantial Modification MONOPOLE OR TOWER DEVICES ROOFTOP OR ANCHORED DEVICES By Exception subject to conditions and limitations. By Exception subject to conditions and limitations. T4 By Exception subject to conditions and limitations. By Warrant subject to conditions and limitations. ALL OTHER By Exception subject to conditions and limitations; including min. By Warrant subject 500 feet distance requirement from any T3 or T4 designated to conditions and Zone measured from nearest property line of PWSF site to the limitations. property line of the nearest parcel zoned as T3 or T4. T3 T4 REQUIRED STRUCTURAL MAXIMUM HEIGHT ABOVE ROOF 35 feet 20 feet 35 feet 13 feet 60 feet 20 feet 35 feet 13 feet 100 fcct cinglc 20 feet carrier 35 feet 13 feet City of Miami Page 4 of 10 File ID: 18258 (Revision: A) Printed on: 1/27/2026 File ID: 18258 Enactment Number: 14436 ADDITIONAL REQUIREMENTS STANDARDS 125 feet multiple • All freestanding monopole or tower facilities shall be designed to include sufficient landscape as to screen tho prepesed facility from any adjacent right of ways. Sufficient landscape shall include trees, shrubs and ground cover in a tiered configuration. • All freestanding monopole or tower facilities shall be designed to accommodate up to three co locations of other antennas by future carriers. Any applicant of new device shall show proof that co location to existing devices serving the area is not available. • The mount shall not bo visible from the ground from a distance of 600 feet; Screening from ground view may be provided by a parapet or some other typo wall or Screening. No part of the mount shall bo • located closer than eight (8) feet to any power line. • Mounts may not exceed three (3) separate areas per rooftop In the event that a specific facility cannot comply with the standards set forth above an application for modifications ac to s ch standards shall only be permissible by Exception. Such applications shall be accepted upon compliance with the following: • he applicant for each such facility shall submit a justification report prepared by an engineer qualified in the technological aspects (such as a "radio frequency [RF] engineer") as to why the facility must be modified in terms of height or location; such report shall be accompanied with a review fee as set forth in Chapter 62 of the City Code. • T4iThe applicant or each su acilcmry= alalll-in as -part -elf -the - application, line of sight studies that depict the three dimensional view of such facility from all adjacent right of ways; photo montage!) shall be considered an acceptable form of line of sight studies. • The appli n r de part of the ,arc-ap,�rrEarr ea as�arc-vrR,.. application, a mitigation plan that depicts proposed R, Iffe rin Y ]n I SQcreenin uc acility from all adiacen -i t-of ways, 4 mitigation plan shall be in compliance with the criteria and standards set forth for PWSF applications i finless the relief being so ght is from one or more of such standards. • For any such facility that is proposed to be located within a property zoned T3, T4 R, T5 R or T6 R, the mitigation plan shall be required to either conceal, camouflage or disguise the proposed facility, or if po-sible, replace a monopole or tower structure with a series of short mounts that are camouflaged within the area so as to reduce the negative visual impact of a possible larger structure. 6.4.1.1 Personal Wirele-s Service Facilities (PWSF) Procedure!) PROCEDURES An application is deemed submitted or re submitted on the date it is received by the City. • The City shill notify the applicant in writing that the application is not City of Miami Page 5 of 10 File ID: 18258 (Revision: A) Printed on: 1/27/2026 File ID: 18258 Enactment Number: 14436 complete and in compliance with regulations for administrative pi 1rposes within 2fl days after the application is submitted or after additional information resubmitted. Collocation Applications: • A building permit shall be granted or denied no later than /15 busincs& days after the date the application is determined to be properly completed. Other wireless facility applications: � Other applications shall be grantedd or r-denier-d no later than 90 b iciness days after the date the application is determined to be properly completed. If a properly completed application is not granted or denied within the timeframe set forth above, the application shall be deemed automatically approved anrd the applicant magi proceed with the placement of the facility as sot forth in FS 365.172( 12) (d), unless: • the timeframe is voluntarily extended by the applicant; or • the City's procedures generally applicable to all other similar types of applications require City Commission action, in which case the City Commission must act on the application at its next regularly scheduled meeting; or • an extension is required because of a declared local, state of federal emergency that directly effects administration of ell permitting activities 6/1.1.2 Personal Wireless Service Facilities (PWSF) Definition DEFINITIONS Camoi iflage shall mean a n rani of designing or installing and moi inting a PWSF 9� that creates the effect that the PWSF is part of its surroundings. Carrier shall mean a company licensed by the Federal Communications Commission (FCC) that provides wireless services. A tower builder or owner is not a carrier unless licensed to provide personal wireless services. Co location shall mean the use of a common mount by two (2) or more wireless carriers. Conceal shall mean to enclose a PWSF within a nati iral or manmade feats ire resulting in the facility being either invisible or made part of the feature enclosing Design shall mean the appearance of PWSF such as their materials, color and shape. Disguise shall mean to design a PWSF to appear to be something other than a PWSF. land uscs or a land use and a public right of way, which acts to soften or mitigate the effects of one use on another. It can be considered a form of camouflage. Lattice Tower shall mean a type of mount that consists of multiple legs and cro-s bracing of structural steel. Mitigation shall mean the reduction or elimination of visual impacts by the use of one or more methods, including concealment, camouflage and disguise. Monopole shall mean one type of self supporting mount consisting of a single shaft of wood, steel or concrete and antennas at the top or along the shaft. Mount shall mean the Structure or surface to which antennas are attached. Personal Wireless Service Facility (PWSF) shall mean any a facility for the provision of personal wireless services as defined by Section 70 of the Telecommunications Act of 1996. A PWSF is any facility for the transmission or reception of personal wirelesc services, which may consist of an antenna array, City of Miami Page 6 of 10 File ID: 18258 (Revision: A) Printed on: 1/27/2026 File ID: 18258 Enactment Number: 14436 guy system. Such facilities may include "monopole" or "lattice tower (tower)" structures. Radio Frequency (RF) engineer shall mean someone with a background in cicctrical cnginccring or microwavc cngineering who specializes in the study of radio frequencies. Screening shall mean visually shielding or obscuring one Abutting nearby Structure or use from another by fencing, walls, berms, or densely planted vegetation. Screening can be considered a form of camouflage. Short Mounts shall mean alternatives to monopoles or lattice towers, such as rnasts or poles. For example, two (2) poles or three (3) masts might be an alternative to one lattice tower. Standards shall mean guidelines or measures provided in this section by which acccptability is dctcrmined. PWSF shall be measured by standards for visibility and safcty. This codc gcnerally regulates these facilities on three levels: location {where the facility can go), siting (how the facility is placed within its setting) and design (what the facility looks like). Tower shall mean a mount constructed for the primary purpose of supporting antennas and other PWSF components. Visual impact shall mean a modification or change that could be incompatible with Scale, form, texture, or color of the cxisting natural or man madc landscape. 6.4.1.1 On the Roof of a Building. 6.4.1.1.1 New placement, replacement, modification, or collocated PWSF on the Roof of a Building shall be By Right, when all the following criteria are met: a. The PWSF equipment, mount and/or screening shall not interfere or inhibit the functions of emergency services telecommunications equipment; and b. Located on a building that is thirty-five feet (35') or more in height; and c. Maximum device height above the roof shall not exceed thirteen feet (13'); and d. Mounts and antennas are visually concealed from ground -level and lateral views by parapets or screens. 6.4.1.1.2 When the above criteria are not met, approval may be by process of Warrant, except when located in a T3 Transect Zone in which case approval may be by process of Exception. 6.4.1.2 On a Facade or Elevation of a Building. 6.4.1.2.1 New placement, replacement, modification, or collocated PWSF on the Facade or Elevation of a Building shall be By Right, when all the following criteria is met: a. The PWSF equipment, mount and/or screening shall not interfere or inhibit the functions of emergency services telecommunications equipment; and b. Placed on a building that is thirty-five (35 ft) feet or more in height; and c. The PWSF equipment is placed at a height of thirty-five (35 ft) feet or more on the facade or elevation; and d. Cover no more than thirty six (36) sq ft of each facade or elevation; and City of Miami Page 7 of 10 File ID: 18258 (Revision: A) Printed on: 1/27/2026 File ID: 18258 Enactment Number: 14436 e. Flush mounted and not extending more than twelve (12) inches from the facade or elevation; and f. Painted to match the wall surface that it is mounted on or be designed as an ornamental feature; and a Integrated into the architectural composition of the Facade or Elevation; and h. Ancillary cables shall be hidden. 6.4.1.2.2 When the above criteria are not met, approval may be by process of Warrant, except when located in a T3 Transect Zone in which case approval may be by process of Exception. 6.4.1.3 New Monopoles and Tower Devices 6.4.1.3.1 New Monopoles and Tower Devices may be approved by process of Warrant, when all the following criteria is met: a. Applicants shall demonstrate that co -location on an existing Monopole or Tower Device serving the area is not available. b. Minimum Setback of Twenty (20) Feet from all Property Lines. c. Maximum Height: 1. T3 Transect Zone; Thirty-five (35) Feet 2. T4 Transect Zone; Sixty (60) Feet 3. All Other Transect Zones; One Hundred and Twenty Five (125) Feet d. All equipment at the ground level shall be concealed by a streetscreen of a minimum height necessary to mitigate any ambient impacts. e. Designed to accommodate three or more co -locations of other antennas by future carriers. 6.4.1.3.2 When the above criteria are not met, approval may be by process of Exception. 6.4.1.4 Colocation on Monopoles and Tower Devices 6.4.1.4.1 Collocation of antennae, equipment enclosures, and ancillary facilities ("Facilities") on existing towers as specified on FS 365.172 (13)(a)1.a., or on other structures as specified in FS 365.172(13)(a)1.b, shall be allowed By Right, when all the following criteria are met: a. Does not increase the height of the tower or monopole to the extent that it would constitute a "substantial change," as defined under Federal Law under Section 6409 of the Spectrum Act; and b. Any new equipment at the ground level shall be concealed by a streetscreen of a minimum height necessary to mitigate any ambient impacts. and c. Complies with the land development regulations currently in effect or effective at the time of the initial PWSF placement approval. 6.4.1.4.2 To allow colocation, the replacement or modification of an existing tower or monopole shall be allowed By Right, when the following criteria are met: a. The structural modification or replacement does not increase the overall height to the extent that it would constitute a "substantial change," as defined under Federal law under Section 6409 of the Spectrum Act; and b. The replacement is designed to have a similar or improved contextual outcome. City of Miami Page 8 of 10 File ID: 18258 (Revision: A) Printed on: 1/27/2026 File ID: 18258 Enactment Number: 14436 6.4.1.4.3 When the above criteria are not met, process of approval shall follow that of a new Monopole or Tower Devices. 6.4.1.5 Warrant and Exception Review Criteria 6.4.1.5.1 Warrants and Exceptions may be approved upon review and compliance with the following requirements: a. Explanation prepared by an engineer qualified in the technological aspects (such as a "radio frequency [RF1 engineer") justifying why this facility is required, at this location, and at the proposed height; b. Line of sight studies depicting ground -level and lateral views of the facility; c. Mitigation plan that demonstrates buffering, screening, camouflaging and/or other measures taken to ensure negligible impact on the surrounding context; d. Mounts and Antennas on the roof that are visible from the Ground or Lateral views shall not exceed three (3) separate areas. 6.4.1.6 Personal Wireless Service Facilities (PWSF) Procedures 6.4.1.6.1 Review Timelines a. An application is deemed submitted or re -submitted on the date it is received by the City: 1. If the submission, or re -submission, of an application is not completed in compliance with the City's regulations, the City shall notify the applicant in writing within 20 business days of any deficiencies in the required documents or deficiencies in the content of the required documents which, if cured, make the application properly completed. b. Colocation Applications: 1. For colocation applications that meet the following criteria, the City shall grant or deny such no later than 45 business days after the date the application is determined to be properly completed: a. The colocation does not increase the height of the tower to which the antennas are to be attached; b. The colocation does not increase the ground space area approved in the site plan for equipment enclosures and ancillary facilities; and c. The colocation consists of antennas, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with all applicable regulations, restrictions, or conditions applied to the initial facilities. c. Other wireless facility applications: 1. Other applications shall be granted or denied no later than 90 business days after the date the application is determined to be properly completed. 6.4.1.6.2 Failure to Comply with Timelines a. If a properly completed application is not granted or denied within the timeframe set forth above, the application shall be deemed automatically approved and the applicant may proceed with the placement of the facility, as set forth in FS 365.172(13)(d), unless: 1. The timeframe is voluntarily extended by the applicant; or 2. The City's procedures generally applicable to all other similar types of applications require City Commission action, in which case the City City of Miami Page 9 of 10 File ID: 18258 (Revision: A) Printed on: 1/27/2026 File ID: 18258 Enactment Number: 14436 Commission must act on the application at its next regularly scheduled meeting; or 3. An extension is required because of a declared local, state of federal emergency that directly affects administration of all permitting activities. *„ Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective ten (10) days upon adoption.2 APPROVED AS TO FORM AND CORRECTNESS: rge Wy ng III, C ty ttor' -y 1/26/2026 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 10 of 10 File ID: 18258 (Revision: A) Printed on: 1/27/2026