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HomeMy WebLinkAboutPZAB (17870) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-25-065 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 17870 Date Rendered: 10/15/2025 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL OF AN ORDINANCE 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. 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 mitigate 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 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, 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 the goals, objectives and policies of the MCNP; the Miami 21 Code; and other City regulations; and Date Rendered: 10/15/2025 City of Miami Page 1 of 10 File ID: 17870 (Revision:) Printed On: 10/15/2025 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 PZAB, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to recommend to the City Commission approval of the proposed Miami 21 Code text amendment as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted and incorporated as if fully set forth in this Section. Section 2. The Planning, Zoning and Appeals Board hereby recommends to the City Commission the Miami 21 Code be amended by making modifications to Article 1., titled "Definitions" 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: 17870 (Revision:) Printed On: 10/15/2025 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 quy 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. It is further recommended that the Miami 21 Code, Article 6, titled "Supplemental Regulations" is amended in the following particulars: 2 "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 far alternative types of PWSF in locations pursuant to these standards. • Eh -caw -age the use of existing structures not originally built as antenna mounts such ao mounts where co location and mounts on existing structures are possible; • Expedite the rev.iew process for applications choosing the least intrusive alternative of deploying PWSF as permitted by these standards; • Encourage users of mounts to locate, site and design them in a way that minimizes the adverse visual impact of the mounts and a�ociated equipment; f PWSF with surrounding land uccs, and protcct the attractiveness health safety, general welfare, and propertyyal es of the comma inity 1. Collocation 2 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 3 of 10 File ID: 17870 (Revision:) Printed On: 10/15/2025 a. Collocation of antcnnac, cquipmcnt cnclosures, 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 the time of the initial PWSF placement approval when Oho collocation• facilities are to be attached• and • 1Does-no crearse the-gr-e-61-nd space -area- ed in theisite playa ; aid the collocation application (other than regulation of the number of collocations) may be applicd to the facilities 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 thc 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 mcct thc requirements, that portion of thc collocation may bo required if applicable, except for collocation on existing towers. c. By right and to allow collocation, an cxisting tower may be structurally modified, or may bo camouflaged tower, if the overall height of the modified or replaced tower is not increased. 2. Replacement or Modification reasonably determined by the City: • The ruing PWSF is not readily discerniblyfferent s+zze, t„pe and appearance when viewed from ground level from surrounding properties, or 3. New Placement and Substantial Modification MONOPOLE OR TOWER DEVICES ROOFTOP OR ANCHORED DEVICES T3 By Exception subject to conditions and limitations. T'I ALL OTHER By Exception subject to conditions and limitations. ByException si bject to conditions and limitations• inch iding min 500 feet distance requirement from any T3 or T/1 designated Zone measured from nearest property line of PWSF sits to the property line of the nearest parcel zoned as T3 or By Exception subject to conditions and Imitations. By Warrant subject o conditions and limitations. By Warrant subject to conditions and limitations. MAXIMUM DEVICE MINIMUM REQUIRED MAXIMUM City of Miami Page 4 of 10 File ID: 17870 (Revision:) Printed On: 10/15/2025 ADDITIONAL REQUIREMENTS STANDARDS HEIGHT 35 feet ETBACK 20 feet STRUCTURAL HEIGHT 35 feet DEVICE HEIGHT ABOVE 60 feet 20 feet 35 feet 13 feet 100 feet cilc carrier 125 fcct multiple 20 feet • All freestanding monopole or tower facilitics shall be designed to include sufficient landscape as to screen the proposed 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 facilitics 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 device serving the area is not available. 35 feet 13 feet The moi int shall not be visible from the ground from a distance of 600 feet; Screening from ground view may be provided by a parapet or some other typc wall or Screening. • No part of the mount shall bc 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 be permissible by Exception. Such applications shall be accepted upon compliance with the following: • lie app4+ca t fo 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 bc modified in terms of height or location; such rcport shall bc accompanied with a review fce as set forth in Chapter 62 of the City Code. � The ap R Raachsuc aaaili+yshall incli irde as par+ of +he 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 aprplicaaRt-feReacsuch f yshell include as part of the application a mitigation plan that depicts proposed Buffering and Screening of such facility from all adjacent right-of-ways; such mitigation plan shall be in compliance n iith 4he criteria and standards set forth for PWSF applications unless the relief being soi fight is from one or more of such standards. e For any such facility that is proposed to be locator! within a property zoned T3, T/1 R, T5 R or T6 R, the mitigation plan shall be required City of Miami Page 5 of 10 File ID: 17870 (Revision:) Printed On: 10/15/2025 to either conceal, camouflage or disguise the proposed facility, or if possible, replace a monopole or tower structure with a series of short mounts that arc camouflaged within thc area so as to reduce the negative visual impact of a possible larger structure. r -- • An application is deemed submitted or re submitted on the date it is received by the City. The Cite shall notify the applicant in writing that the application is not complete and in compliance with regulations for administrative pirpocec within 20 days after the application is ci omitted or after additional information resubmitted. Collocation Applications: • A building permit shall be granted or denied no later than 15 business days after the date the application is determined to be properly completed. Other wireless facility applications: (Other applications shall be granted or denier! no later than 90 bi iciness days after the date the application is determined to be properly completed. If a properly completed application is not granted or denied within thc timeframe set forth above, the application shall be deemed automatically approved and thc applicant may proceed with thc placement of thc facility, as set forth in FS 365.172( 12) (d), unless: • the timeframe is voluntarily extended by the applicant; or • the City's p ecedures 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 n r h ai of a d lar local state of federal _ �e�cte�s+o,-r�s-req� �es�se�Qes,� , emergency that directly affects administration of all permitting activities 6/1.1.2 Personal Wireless Service Facilities (PWSF) Definitions Camoi iflage shall mean a way 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 Commi Inications 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 wircicso carriers. Conceal shall mean to enclose a PWSF within a nati oral or manmade feats ire resulting in the facility being either invisible or made part of the feature enclosing Design shall Tmean annearance of PWSF s ich ac their materials color and shape. Disguise shall mean to design a PWSF to appear to be something other than a PWSF. Landscape Buffer shall mean an area of landscaping separating two (2) distinct land uses 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 crone bracing of structural steel. City of Miami Page 6 of 10 File ID: 17870 (Revision:) Printed On: 10/15/2025 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. Mo int shall mean Oho Str cti ire ors irface to which antennae are attached Personal Wireless Serv+se Fac y (-PWS-F) s#afl mean any a facility for the provision of personal wirclesr services, as dcfincd by Section 701 of the Telecommunications Act of 1996. A PWSF is any facility for the transmission or reception of personal wireless services, which may consist of an antenna array, transmission nobles eg ipment shelter er B ilding access reel) mo int and a guy system. Such facilities may include "monopole" or "lattice tower (tower)" structures. Radio Frequency (RF) engineer shall mean someone with a background in electrical cnginccring or microwave cnginccring 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 pacts r z,F-Grexample two (2) poles or three (3) meets might be an alternative to one lattice tower. Standards shall mean guideli es or measures provided in this section by which acceptability is dctcrmincd. PWSF shall be measured by standards for visibility and safety. This codc generally 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 othcr PWSF components. Visual impact shall mean a modification or change that could be incompatible with Scale, form, tcxturc, or color of the existing natural or man made 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 (35 ft) feet or more in height; and c. Maximum device height above the roof shall not exceed thirteen (13) feet; 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. City of Miami Page 7 of 10 File ID: 17870 (Revision:) Printed On: 10/15/2025 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 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 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 Exception, 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: a. T3 Transect Zone; Thirty-five (35) Feet b. T4 Transect Zone; Sixty (60) Feet c. All Other Transect Zones; Single Carrier One Hundred (100) Feet; Multiple Carriers One Hundred and Twenty Five (125) Feet d. All equipment at the ground level shall be screened by a perimeter landscape buffer of a minimum height of six (6) feet and sufficient depth to conceal and mitigate any ambient impacts. e. In addition to the landscape buffer, trees shall be provided along the perimeter at a maximum spacing of 25 feet. f. Designed to accommodate up to three 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 with City Commission Approval. 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 (12)(a)1.a., or on other City of Miami Page 8 of 10 File ID: 17870 (Revision:) Printed On: 10/15/2025 structures as specified in FS 365.172(12)(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; and b. All additional equipment at the ground level shall be screened by a perimeter landscape Buffer of a minimum height of six (6) feet and sufficient depth to conceal and mitigate any ambient impacts. 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 collocation, the replacement or modification of an existing tower or monopole shall be allowed by Right, when the following criteria are met: a. structurally modified or replaced with a monopole tower if the overall height is not increased. b. replaced with another camouflaged tower of a similar or improved outcome and if the overall height is not increased. 6.4.1.3.3 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") iustifying 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; and e. The proposal shall include the replacement of monopoles and towers structures with a series of short mounts that are camouflaged within the area to reduce the negative visual impact of a larger structure, where possible. 6.4.1.6 Personal Wireless Service Facilities (PWSF) Procedures 6.4.1.6.1 Review Timelines 1. An application is deemed submitted or re -submitted on the date it is received by the City: i. The City shall notify the applicant in writing that the application is not complete and in compliance with regulations for administrative purposes within 20 days after the application is submitted, or after additional information resubmitted. 2. Collocation Applications: ii. A building permit shall be granted or denied no later than 45 business days after the date the application is determined to be properly completed 3. Other wireless facility applications: City of Miami Page 9 of 10 File ID: 17870 (Revision:) Printed On: 10/15/2025 iii. 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 1. 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(12) (d), unless: i. the timeframe is voluntarily extended by the applicant; or ii. 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 iii. an extension is required because of a declared local, state of federal emergency that directly affects administration of all permitting activities *„ Section 4. It is recommended 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 5. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 6. This Resolution shall become effective immediately upon adoption. Reviewed and Approved: David Snow City of Miami Page 10 of 10 File ID: 17870 (Revision:) Printed On: 10/15/2025