Deltona planning board unanimously recommends ordinance to regulate small wireless facilities

The Deltona Planning & Zoning Board on a unanimous voice vote recommended approval of Ordinance No. 06-2026, a package of amendments that would add an article to Chapter 82 of the city’s land-development code to regulate small wireless facilities in the public right-of-way.

Jordan Smith, community development services director, told the board the ordinance creates sections 82-120 through 82-133 to set application procedures, placement and design standards, and safety requirements for the pole-mounted devices used to support cellular and data networks. "So what is a small wireless facility? A small wireless facility is the smaller pole-mounted device commonly used to support cellular and data network coverage," Smith said, adding the ordinance requires concealment, neutral colors and limits on freestanding equipment to reduce visual impacts.

Smith said the changes are needed to bring Deltona’s code into alignment with Florida law, including the Advanced Wireless Infrastructure Deployment Act (cited in the presentation as section 337.407) and related statutes. He emphasized that state law preempts certain local controls: cities may not require separation distances, demand proof that collocation is infeasible before permitting a new pole, or outright prohibit these facilities in public rights-of-way adjacent to residential areas provided applications meet objective code standards.

Board members pressed staff on practical implications for residents. Member Stewart, who said he had years of experience in the wireless field, asked whether residents would be notified when a carrier files for a permit. Smith replied the permit process is administrative and similar to a building permit; there is no automatic, citywide public notice specific to small wireless permits beyond standard permit records and staff review. "Residents would not become aware of these types of permits" unless they actively check the city permit portal or contact staff, Smith said.

The board sought clarifications on fees and technical definitions. Staff said the right-of-way permit would typically be a one-time fee; cities may charge ongoing attachment fees for use of city-owned poles (staff cited a commonly referenced maximum rate of $150 per pole annually for attachments to authority poles). Smith read the statutory definition used by the state — antennas in enclosures no more than 6 cubic feet and other associated equipment cumulatively no more than 28 cubic feet — and confirmed the city has begun receiving applications, including one near Deltona High School.

Members also asked about height and mounting limits. Smith cited Section 82-125: a small wireless facility mounted to an existing pole may extend up to 10 feet above that structure, while a new pole to support a facility is limited to 50 feet or the height of the tallest existing pole within 500 feet. A board member raised environmental concerns about bird collisions and nighttime lighting; Smith said the federal reference in the ordinance is to the Telecommunications Act of 1996, not migratory-bird rules, but the board could consider adding bird-protection measures if it wished.

After discussion, Vice Chair Dero moved that the board recommend approval of Ordinance No. 06-2026; the motion was seconded and the board approved the recommendation by roll call. The board’s recommendation will be considered at the City Commission’s first reading scheduled for May 4.

What happens next: The Planning & Zoning Board’s recommendation will be sent to the City Commission for first reading; the ordinance text includes specific procedures and objective standards, but state preemption will limit some local regulatory options described by staff.