Ignite Wireless is at odds with the Plant City Code Enforcement Board over a 185-foot cell tower. The Florida cell tower is already standing, but city officials now say that the structure was erected without satisfying all the requirements needed to meet city codes. As The Plant City Observer reports, Ignite Wireless has until May 1 to address a list of concerns, after which time daily fines of $100 per offense (limited to $300 per day) will kick in.
The cell tower was built at the intersection of Sydney and Turkey Creek Roads in 2022, on property that is in a CSX right-of-way. Looking into complaints received from both neighbors and an unnamed cell tower competitor, the city investigated and discovered that there were city code violations. Plant City city zoning ordinances require the applicant to submit their site development plan to Planning and Zoning before erecting a telecommunication tower. A cell tower must have a setback of at least 50 feet from all property lines and cannot be within 250 feet of a residential area. The city also requires that a cell tower site must have an eight-foot fence or wall surrounding the tower with landscape buffering included.
Representing the applicant, attorneys noted that their client has been attempting to work with Plant City and CSX since 2021. As The Plant City Observer noted, there seemed to be some confusion about which party had authority over the site.
A hearing conducted in January had the Planning Board review a new zoning application. The application was filed by Ignite Wireless, LLC, on behalf of CitySwitch II-A LLC and with permission from CSX Transportation, Inc. regarding the cell tower in the newly devised Periwinkle Planned Development District. The CSX right-of-way is currently zoned as a Light Industrial District.
In reconsidering the zoning, the applicant outlined three specific approvals. First, the applicant would like to see a reduced side yard setback of 13’ 9” from the tower edge and three feet from ground equipment to the south side property line instead of the current 50-foot limit. The applicant would also like the city to allow a reduced setback distance of 241’ 8” from a residential district instead of the current 250-foot requirement. And thirdly, permission was sought to allow the tower compound a pass on providing landscaping for the site.
The Code Enforcement Board recommended denying the proposal, the Observer reported. “My client continues to work with the city to obtain the zoning the city is requesting and we’d respectfully ask the board to defer the ruling until after the March 25 commission meeting,” replied the attorney. Although the Board unanimously agreed to enact fines against Ignite Wireless, no fines will be collected until after May 1.
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