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The following is a Compilation of Available
Info On Amateur Radio Tower Regulations In West Central Florida, as
submitted by Geoff Haines, N1GY, ASM & Technical Coordinator, WCF
Section - ARRL.
DATABASE OF
ZONING REGULATIONS IN WEST CENTRAL FLORIDA
RELATING TO AMATEUR RADIO ANTENNA SUPPORT STRUCTURES
CURRENT AS OF DECEMBER, 2005
Contained in this guide is all the information
obtained from the ten counties in the West Central Florida Section about
code requirements when erecting an Amateur Radio Antenna Support
Structure . If you intend to erect such a structure, contact
your local building code administrator for specific requirements. Do not
proceed based on the data presented here without verification from your
local code enforcement administrator.
FLORIDA STATE STATUTES:
125.561 Amateur Radio Antennas; construction in conformance with federal
requirements.--
(1) No county shall enact or enforce any ordinance or regulation which
fails to conform to the limited preemption entitled "Amateur Radio
Preemption, 101 FCC 2d 952 (1985)" as issued by the Federal
Communications Commission. Any ordinance or regulation adopted by a
county with respect to amateur radio antennas shall conform to the
above-cited limited preemption, which states that local regulations
which involve placement, screening, or height of antennas based on
health, safety, or aesthetic considerations must be crafted to
reasonably accommodate amateur communications, and to represent the
minimum practicable regulation to accomplish the local authority's
legitimate purpose.
(2) Nothing in this section shall affect any applicable provisions of
Chapter 333.
166.0435 Amateur radio antennas; construction in conformance with
federal requirements.--
(1) No municipality shall enact or enforce any ordinance or regulation
which fails to conform to the limited preemption entitled "Amateur Radio
Preemption, 101 FCC 2d 952 (1985)" as issued by the Federal
Communications Commission. Any ordinance or regulation adopted by a
municipality with respect to amateur radio antennas shall conform to the
above cited limited preemption, which states that local regulations
which involve placement, screening, or height of antennas based on
health, safety, or aesthetic considerations must be crafted to
reasonably accommodate amateur communications, and to represent the
minimum practicable regulation to accomplish the local authority's
legitimate purpose.
(2) Nothing in this section shall effect any applicable provisions of
chapter 333.
BY COUNTY:
Charlotte County
I requested information from Charlotte County
officials and was told that they would get back to me. So far, I have
heard or seen nothing. Check with Charlotte County Building and Zoning
officials before proceeding.
Desoto County I
was told by an official that height restriction on antenna support
structures in Desoto County do NOT apply to amateur radio antennas,
however I have gotten nothing in writing from Desoto County as yet.
Check with Desoto County Building and Zoning officials before
proceeding. Hardee
County: Per verbal
conversation with Building Department in Hardee County;
No permits are required for amateur radio antenna support structures
under 35 to 45 feet in height, depending on zoning district with the
only written regulation as follows:
Hardee County .10.10.01 Communications Tower
Special Exception approval is required in F-R and A-1 districts where
the tower will not meet the 100% setback requirement. The tower may be
set back a distance no less than 50% of its height 1) when certification
by an engineer licensed in the State of Florida that the structure is
designed to collapse within the boundaries of the property on which it
is built has been received, and 2) when the Board of County
Commissioners determines that all safety concerns have been met. The
tower shall meet all applicable standards of the FCC, the FAA and any
other relevant Federal or State agency.
Check with Hardee County Building and Zoning before proceeding.
Highlands County:
Highlands County has Regulations (Sec. 12.08.133
Wireless communication facilities- Antennas and towers as accessory
uses). The complete text is too long for inclusion here, however,
Section D An amateur radio antenna and any tower to support the antenna
that is owned and operated by a federally-licensed amateur radio
operator and used exclusively for non-commercial purposes shall be a
permitted accessory use in all zoning districts.
Sec. 12.08.135 Wireless Communication Facilities (WCF) also states in
its Section D (Exceptions to the applicability of this section): in
paragraph 2. The requirements of this section do NOT apply to:
Amateur radio antennas and any tower to support the antenna that is
owned and operated by a federally-licensed amateur radio station
operator used exclusively for non-commercial purposes
Check with Highlands County Building and Zoning officials before
proceeding.
Hillsborough County:
Hillsborough County has only two regulations that pertain to amateur
radio antennas and or support structures.
Sec. 6.08.02 Aviation Hazards
No building or other structure (regardless of exclusions set forth at
Sec. 6.08.01 above) shall be located in a manner or built to a height
which constitutes a hazard to aviation or creates hazards to persons or
property by reason of unusual exposure to aviation hazards. In any area
within the unincorporated portion of Hillsborough County, in addition to
height limitations established by this code, limitations established by
lawful Federal, State, Hillsborough County Aviation Authority and
Hillsborough County ordinances, rules, and regulations, shall apply to
heights of buildings, structures, and natural vegetation.
and
Sec. 6.08.03 Amateur Radio Antenna Support Structures
Section 125.0185, Florida Statutes (1991), and Federal Communications
Commission "Amateur Radio Preemption", 101 FCC 2d 952 (1985) require
County regulations to reasonably accommodate amateur communication, and
to represent the minimum practicable regulation to accomplish the local
authority's legitimate purpose. Under these Federal and State preemption
provisions, Amateur Radio Antenna Support Structures are excluded from
regulation under the provisions of this Code. Check with Hillsborough
County Building and Zoning officials before proceeding.
Manatee County:
Manatee County provided a short version of their Code
pertaining to Amateur Radio Antennas and Support Structures. It is
reproduced below:
703.2 Permitted Accessory Uses. Subject to the provisions of this
Chapter and other applicable provisions of this Code, the following
accessory uses are permitted.
703.2.1 Accessory Antennas. Accessory antennas as follows:
703.2.1.1.1 Amateur Radio Antennas (e.g., ham radio).
703.2.1.1.2 Satellite Dish Antennas (see Section 703.2.25 for
provisions).
703.2.1.1.3 Antennas for the reception of television broadcasts, which
are twenty (20) feet or less in height above the roofline.
703.2.1.1.4 Private mobile service. Towers and antennas which are
primarily used for private mobile services and meet the following
criteria:
1. That have a cross sectional area of less than 4.5 square feet at the
base; and
2. Are less than sixty (60) feet in height in the non-residential and
Planned Development Golf Course districts, or less than one hundred
(100) feet in height in the industrial, Conservation, Village,
manufacturing, Planned Development Waterfront, agricultural and Planned
Development Agricultural districts, or less than two hundred (200)
[feet] in height in the Extraction district and on parcels zoned
Agricultural (A) which are a minimum of forty (40) acres.
703.2.1.1.5 Antennas which provide telemetry for lift stations and other
similar uses.
Check with Manatee County Building and Zoning officials before
proceeding. Pasco
County: Pasco County sent
me the following Ordinance No. 03-34 ldc/l616 616-7 dated 11/18/03 Under
its paragraph D. Amateur radio facilities. The installation of any
amateur radio facility that is owned and operated by a
Federally-licensed amateur radio station operator shall not be governed
by the provisions of this section relating to PWSFs, but shall be
subject to the following standards:
1. Amateur radio facilities shall be considered accessory structures and
must meet all required setbacks and/or locational limitations set forth
in this code. Amateur radio facilities shall be located only in side- or
rear-yard areas on any residential lot less than 20,000 square feet in
size. Restrictions regarding height and number of antennas shall be as
set forth in this code. However, certain types of amateur radio
facilities require "guying" and all antennas and associated "guys" or
"guy wires" shall be allowed to project into and onto the setback areas.
Amateur radio facilities, when attached to the primary building of the
lot, shall be deemed in compliance with setbacks when so fixed.
2. Temporary antennas must be securely anchored. Use of such temporary
antennas shall be limited to a thirty (30) day period during any one (1)
calendar year within R-3 Medium Density Residential District and R-4
High Density Residential District.
3. All parts of the amateur radio facility shall have vertical and
horizontal clearance from any electric lines.
4. Construction, installation, repair, or maintenance of amateur radio
facilities shall not require a Building Permit; however such activity
shall be performed in accordance with all....(Apparently there is a typo
in the code, since the expected phrase here does not appear.)
5. Amateur radio facilities shall not be mirror-like and shall contain
no advertising or signage of any type except for owner identification,
manufacturer, sales, repair logos, or signage required by State and/or
Federal regulations.
6. All amateur radio facilities shall be subject to appropriate Federal
Communication Commission (FCC) and Federal Aviation Administration (FAA)
requirements.
Check with Pasco County Building and Zoning officials before proceeding.
Pinellas County:
Pinellas County responded with Sec. 138-1277. Height
limitations generally.
Chimneys, water, fire, radio and television towers, smokestacks,
flagpoles and similar structures and their necessary mechanical
appurtenances, such as elevator shafts, ventilation equipment, etc., may
be erected to a maximum of 20 feet above the height limits established
in this chapter; however, the heights of these structures or
appurtenances thereto shall in no case exceed the height limitations
prescribed by the Federal Aviation Agency within the flight approach
zone patterns of airports (see airport zoning regulations). This
provision shall not apply to signs, billboards or amateur radio antennas
protected under F.S. 125.085 and F.S. 166.0435.
Check with Pinellas County Building and Zoning officials before
proceeding. Polk
County: Communication
Towers (Revised 5/20/09 – Ord. 09-023; 1/30/03 Ord. 03-12; 7/29/02 -
Ord. 02-52)
Except as specifically provided in this Section, these provisions shall
apply throughout the unincorporated limits of Polk County and no
communication tower or antenna shall be permitted except in compliance
with these provisions.
1. This Section shall not apply to the following:
a. Communication towers that are constructed and antennas that are
installed at a height below the height limitations specified in Table
2.2 for the land use designation in which the communication tower or
antenna is located;
b. Any communication tower or antenna that is placed in response to an
emergency as declared by Polk County, the State of Florida or any other
agency with the authority to declare an emergency (this exemption shall
apply only for the duration of the emergency and for such period of time
following the emergency as is reasonably necessary to remove the tower
or antenna);
c. Any communication tower or antenna that is operated solely by an
amateur radio operator licensed by the FCC;
d. Communication towers not exceeding 130 feet in height and located on
a specific site for no more than 30 days in any 365 day period; and, e.
Antennas placed on alternative support structures and antennas placed on
communication towers which do not add to the height of the communication
tower.
Check with Polk County Building and Zoning officials before proceeding.
Sarasota County:
Sarasota County sent (by mail) the entire 24 page
document that contains Ordinance No. 2005-047. Section 118-34 of that
document entitled "Applicability" states;
This article shall regulate the location, construction and modification
of all Wireless Communication Facilities in unincorporated Sarasota
County except:
1. Non-commercial freestanding and structure-mounted "receive-only"
Antennas which receive direct broadcast satellite service, video
programming services via multi-point distribution services which are one
meter or less in diameter in residential zones and three meters or less
in non-residential zones. The antennas shall meet all other requirements
of the Zone District as set forth in Sarasota County Zoning Ordinance
(Ordinance No. 2003-52, as amended) (Appendix A to this Code).
2. Amateur radio Antennas and any Tower to support the Antenna that is
owned and operated by a federally licensed amateur radio station
operator used for noncommercial purposes.
3. Any Antenna, and any Transmission Tower to support the Antenna, owned
and operated or licensed by the Federal Aviation Administration, and
used exclusively for aircraft navigation (NAVAIDS).
4. Any Antenna and any Transmission Tower to support the Antenna, not
greater than 35 feet in height, and used exclusively as an Accessory Use
to Essential Services.
Check with Sarasota County Building and Zoning officials before
proceeding.
The preceding list covers all ten counties in
The West Central Florida Section of The ARRL. While the utmost care was
taken in preparing this compendium of code requirements for erecting an
amateur radio antenna support structure, it should not be used as a
final authority if you wish to erect a tower for amateur radio antennas.
It is rather, an informational resource so that you can meet with your
local building and zoning official somewhat prepared as to what the
rules in your county may be.
Good Luck with your tower project!
Respectfully submitted,
Geoff Haines, N1GY,
ASM &Technical Coordinator, West Central Florida Section - ARRL |
