§ 98-2357. General rules of interpretation and definitions.

(a)

Interpretation. In the absence of definitions, the standard dictionary meaning shall be utilized. In any event, the planning and zoning division shall have the right to interpret the terms contained in this subdivision. In construing the meaning of the subdivision, the following rules shall apply:

(1)

Words used in the present tense also include the future tense.

(2)

Words used in the singular number also include the plural and vice-versa.

(3)

The word "shall" is mandatory. The word "may" is permissible.

(4)

The word "development" shall refer also to "project" and the area in which a project takes place.

(5)

The word "used" or "occupied" shall be construed to include arranged, designed, constructed, altered, converted, rented, leased or intended to be used, intended to be occupied.

(6)

The word "lot" shall refer also to plot, parcel, tract and premises.

(7)

The word "building" shall refer also to structure, mobile home, dwelling and residence.

(8)

The words "area" and "district" may indicate and include the meaning "zone".

(9)

Except where specified, the provisions of this subdivision shall be construed to mean the minimum standards, requirements and regulations adopted in pursuit of the purposes of this subdivision.

(b)

Definitions. As used in this subdivision, the following words, terms and phrases, when used in this subdivision shall have the meanings set forth below, and for the purpose of this subdivision shall control over any other definitions contained in the city's Code of Ordinances. Words not defined shall be given their common and ordinary meaning.

Accessory use means a secondary use including a use that is not related to, incidental to, is subordinate to and subservient to the main use of the property on which an antenna and/or telecommunications tower is sited.

Antenna means a transmitting and/or receiving device mounted on a telecommunications tower, building or structure and used in wireless telecommunications services that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communications signals, including directional antennas such as panel and microwave dish antennas, and omni-directional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations.

Applicant means any party submitting an application within the meaning of this subdivision.

Application means any proposal, submission or request to construct, operate, or maintain a telecommunications tower or antenna within the city or seeks any other relief from the city pursuant to this subdivision.

Array means a group of up to 12 antennas that are either: (1) Mounted or side-mounted on the rooftop of a building or rooftop structure(s); or (2) Directly or indirectly mounted on a telecommunications tower.

Backhaul network means the lines that connect personal wireless service facilities to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

Broadcasting facility means any telecommunications tower or antenna built primarily for the purpose of broadcasting AM, FM or television signals.

Building Code means the Florida Building Code, as amended, the National Electrical Code, as amended, the National Electrical Safety Code, as amended, FCC regulations, as amended, and any other applicable federal, state and local building code.

Building permit review means a review for compliance with building construction standards adopted by the city and does not include a review for compliance with land development regulations.

Camouflaged or stealth facility means a wireless communications facility that is designed to blend into the surrounding environment, disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure in a manner that makes it not readily identifiable as a wireless communications facility. Examples of such facilities would include, but are not limited to, architecturally screened roof mounted antenna, building-mounted antenna painted to match the existing structure, antenna integrated into architectural elements, or other similar structures. A camouflaged or stealth facility may or may not have a secondary function (e.g., bell tower, spire, flag pole, etc.).

City means Hialeah, Florida, an incorporated municipality of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form.

Collocation means the situation when a second or subsequent wireless provider uses an existing structure to locate a second or subsequent antenna. The term "collocation" includes the ground, platform, or roof installation of equipment enclosures, cabinets, or buildings, and cables, brackets, and other equipment associated with the location and operation of the antennas.

Equipment facility means a room, cabinet, shelter, pedestal, build-out of an existing structure, building, or similar structure used to house ancillary equipment for a telecommunications tower or antenna. Each such cabinet, shelter, or building shall be considered a separate equipment facility.

Essential services means those services provided by the city and other governmental entities that directly relate to the health and safety of its residents, including all wireless communications through the city's network to and from police, fire and other emergency services operating within the city.

Existing structure means a structure that exists at the time an application for permission to place an antenna on a structure is filed with the city. This term includes any structure that is not in the public rights-of-way that can structurally support the attachment of an antenna in compliance with applicable codes.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Geographic search area means the geographic area in which a wireless communications facility must be located in order to provide required coverage or capacity as certified through an affidavit by a radio frequency engineer. The geographic search area will vary depending on the type of wireless communications facility to be installed by the service provider.

Guyed tower means a telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors.

Height means the distance measured from the ground level to the highest point of a telecommunications tower or other structure. For the purposes of measuring height, the base pad and all antennas or other attachments mounted on a structure shall be included in the measurements to determine overall height. Height does not include lighting rods.

Interference means the impairment of transmission or reception of any desired communications or radio frequencies within the city. This term embraces electrical interference in all of its forms, including, without limitation, co-channel interference, interference from intermodulation products, and blanketing inference.

Lattice tower means a telecommunications tower that is constructed to be self-supporting by lattice type supports and without the use of guy wires or other supports.

Microwave dish antenna means a dish-like antenna used to link telecommunications sites together by wireless transmission and/or receipt of voice or data.

Monopole tower means a telecommunications tower consisting of a single pole or spire self-supported on a permanent foundation, constructed without guy wires, ground anchors, or other supports.

Pre-existing telecommunications tower means an existing telecommunications tower for which a building permit has been properly issued and constructed prior to the effective date of this subdivision.

Preferred zoning districts means the zoning districts within this code in which the city provides a preference for the installation of wireless communications facilities.

Self-support tower. See "lattice tower".

Service provider means any person or business entity wishing to locate a telecommunications tower or antenna within the city limits to provide wireless services.

Telecommunications Act means the Telecommunications Act of 1996, Pub. L No. 104-104, codified at 47 USC, and as may be amended from time to time.

Telecommunications information packet means a packet provided by the city, which contains questions regarding an applicant's proposed siting and installations of telecommunications towers and antennas in the city.

Telecommunications services means the offering of telecommunication (or the transmission, between or among points, specified by the user of information of the user's choosing, without change in the form or content of the information as sent and received) for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Telecommunications services shall not be considered as essential services, public or private utilities.

Telecommunications tower or tower means any structure, and support thereto, which is greater than 55 feet in height, that is designed and constructed primarily for the purpose of supporting one or more antennas intended for transmitting or receiving wireless services, telephone, radio and similar communication purposes, including alternative tower structure, lattice, camouflaged, monopole, and guyed towers. The term "telecommunications tower" or "tower" includes radio and television transmission telecommunications towers, microwave telecommunications towers, common-carrier telecommunications towers, and cellular telephone telecommunications towers, among others. Poles are not a telecommunications tower.

Whip antenna means a cylindrical antenna that transmits signals in 360 degrees.

Wireless communications facility means any equipment or facility used to provide personal wireless service and may include, but is not limited to, antennas, towers, equipment facility, cabling, antenna brackets, and other such equipment. Placing a wireless communications facility on an existing structure does not cause the existing structure to become a wireless communications facility. Poles are only a support structure and are not a wireless communications facility. An open video system is not a wireless communications facility to the extent that it provides video services; a cable system is not a wireless communications facility to the extent that it provides cable service.

Wireless services means commercial mobile radio service as provided under ss. 3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, August 10, 1993, 107 Stat. 312. The term includes service provided by any wireless real-time two-way wire communication device, including radio-telephone communications used in cellular telephone service; personal communications service; or the functional or competitive equivalent of a radio-telephone communications line used in cellular telephone service, a personal communications service, or a network radio access line. The term does not include wireless providers that offer mainly dispatch service in a more localized, noncellular configuration; providers offering only data, one-way, or stored-voice services on an interconnected basis; providers of air-to-ground services; or public coast stations. Wireless services shall not be considered as essential services, public or private utilities.

(Ord. No. 2017-036, § 3, 6-27-2017)