§ 146-5. Development Standards.

These standards shall apply to the following types of wireless communications facilities:

(a)

New antenna supporting structures.  

(1)

Approval criteria for new antenna-supporting structures.

a.

Setbacks.

1.

New antenna-supporting structures and the associated ancillary structures are not considered as utilities, and therefore must meet the environmental design criteria related to wetland setbacks pursuant to Sections 118-7 and 118-10;

2.

Any new antenna-supporting structures, equipment enclosures and ancillary structures shall meet the minimum setback requirements for the land use (zoning) district where they are located pursuant to Chapter 131 of this LDC;

3.

New antenna-supporting structures constructed on properties that are contiguous to the IS, SR, UR or URM zones shall be set back from these zones a distance equal to 110 percent (110%) of the overall height of the antenna-supporting structure and antennas; and

4.

New antenna-supporting structures shall be set back from the right-of-way of U.S. Highway 1 a distance equal to one-half (½) of the overall height of the antenna-supporting structure and antennas.

b.

Height. The overall combined height of any antenna-supporting structure and any antenna(s) attached thereto shall not be greater than 199 feet, unless allowed by a variance approved pursuant to Section 146-7.

c.

Construction. New antenna-supporting structures shall have a monopole type construction only, and shall not be guyed or have a lattice type construction; except that AM broadcast facilities may have a guyed type construction.

d.

Structural integrity.

1.

The entire antenna-supporting structure and all appurtenances shall be designed pursuant to the wind speed design requirements of ASCE 7-10, including any subsequent modification to those specifications;

2.

A new antenna-supporting structure shall be designed to accommodate the wireless communications equipment of other wireless communication service providers. The exact amount of additional equipment to be accommodated shall be agreed upon during a pre-application conference and recorded in the letter of understanding (LOU) resulting from the conference; and

3.

The antenna-supporting structure shall be designed to ensure that, in the event of structural failure, the facility will collapse within the boundaries of the property on which the facility is located. All owners of approved antenna-supporting structures are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any antenna-supporting structure owned by them.

e.

Lighting.

1.

Except as provided in subsection (a)(1)e.2. of this section, no lights, signals, or other illumination shall be permitted on any wireless communications facility or ancillary structure unless the applicant demonstrates that lighting is required by the FAA or the FCC.

2.

Lighting may be placed in association with an approved equipment enclosure, but shall be placed only in accordance with the provisions of Sections 12-116 and 114-162. Lighting associated with an equipment enclosure shall remain unlit except when authorized personnel are present.

f.

Collocation and combined antennas.

1.

No antenna-supporting structure shall be permitted unless the applicant demonstrates that no existing wireless communications facility can accommodate the applicant's proposed facility through either collocation or a combined antenna; or that use of such existing facilities would prohibit personal wireless services in the area of the county to be served by the proposed antenna-supporting structure.

2.

Evidence submitted to demonstrate that no existing wireless communications facility could accommodate the applicant's proposed facility through either collocation or a combined antenna may consist of any of the following:

i.

No existing wireless communications facilities located within the geographic area meet the applicant's engineering requirements;

ii.

Existing wireless communications facilities are not of sufficient height to meet the applicant's engineering requirements;

iii.

Existing wireless communications facilities do not have sufficient structural strength to support the applicant's proposed wireless communications facilities and related equipment; or

iv.

The applicant demonstrates that there are other limiting factors that render existing wireless communications facilities unsuitable.

g.

Color. New antenna-supporting structures shall maintain a galvanized gray finish or other accepted contextual or compatible color, except as required by federal rules or regulations.

h.

Radio frequency emissions. The radio frequency emissions shall comply with FCC standards for such emissions.

i.

Intensity requirements.

1.

For the purposes of impact fee calculation, the floor area for a wireless communications facility shall be considered as only the total square footage of all equipment enclosures; and

2.

The following shall be considered as development area and shall be required to meet the setbacks and open space ratio requirements for the land use (zoning) district and/or habitat where they are located:

i.

The area beneath all equipment enclosures;

ii.

The area of the antenna-supporting structure foundation at or above grade;

iii.

The area beneath ancillary structures, excluding that which is beneath guy wires (if applicable); and

iv.

The area inside the antenna-supporting structure framework.

j.

Security. Fencing, in accordance with Section 114-13, and/or anticlimbing devices shall be required to preserve security on wireless communication facilities.

k.

Landscaping. Landscaping and/or screening in the form of at least a class D buffer as drawn in the class D bufferyard figure in Section 114-128 shall be required around the development area.

l.

Signage. The only signage that is permitted upon an antenna-supporting structure, equipment enclosure, or fence (if applicable) shall be informational, and for the purpose of identifying the antenna-supporting structure, as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable).

m.

Aircraft obstruction. In addition to the provisions of Section 130-75, the overall height of a new antenna-supporting structure located in the vicinity of a private airport shall be limited by the following:

1.

A 35:1 glide path ratio in the horizontal zone limiting the heights of new antenna-supporting structures to 150 feet within one statutory mile (5,280 feet) from the edge of the private airport primary surface; and

2.

A 12:1 glide path ratio in the conical zone limiting the heights of new antenna-supporting structures to 600 feet within one statutory mile (5,280 feet) from the edge of the horizontal zone.

n.

Adverse effects on adjacent properties and compatibility with community character.

1.

New antenna-supporting structures shall be configured and located in a manner that is consistent with the community character of the immediate vicinity, and shall minimize adverse effects including visual impacts on adjacent properties pursuant to Section 110-67(2) and (3). The applicant shall demonstrate that alternative locations, configurations, and facility types have been examined and shall address in narrative form the feasibility of any alternatives that may have fewer adverse effects on adjacent properties or that would be more compatible with the character of the community than the facility, configuration, and location proposed.

2.

The following attributes shall be considered from vantage points within three miles of the base of the proposed antenna-supporting structure:

i.

Height;

ii.

Mass and scale;

iii.

Materials and color; and

iv.

Illumination.

(2)

Submittal requirements for new antenna-supporting structure applications. The following documents shall be submitted:

a.

A completed application form and any appropriate fees;

b.

Three sets of signed and sealed site plans;

c.

A property card for the subject property from the county's property appraiser's office or a tax bill showing the ownership of the subject parcel;

d.

A form indicating that a property and/or antenna-supporting structure's owner's agent has authorization to act upon its behalf (if applicable);

e.

A signed statement from the antenna-supporting structure's owner or owner's agent stating that the radio frequency emissions comply with FCC standards for such emissions;

f.

Proof of an FCC license or construction permit to transmit radio signals in the county;

g.

A stamped or sealed structural analysis of the proposed antenna-supporting structure prepared by a licensed state engineer indicating the proposed and future loading capacity of the antenna-supporting structure;

h.

One original and two copies of a survey of the property completed by a licensed state engineer that shows all existing uses, structures, and improvements;

i.

Three copies of a vegetation survey or habitat evaluation index (HEI);

j.

Photo-simulated post construction renderings of the proposed antenna-supporting structure, equipment enclosures, and ancillary structures as they would look after construction from locations to be determined during the pre-application conference;

k.

Proof of FAA compliance with subpart C of the Federal Aviation Regulations 14 CFR part 77, Standards for Determining Obstructions to Air Navigation or Navigational Aids or Facilities;

l.

A signed statement from the antenna-supporting structure owner agreeing to allow the collocation of other wireless equipment on the proposed antenna-supporting structure;

m.

If required by the United States Fish and Wildlife Service, a letter indicating that the proposed antenna-supporting structure and appurtenances are in compliance with all applicable federal rules and regulations; and

n.

All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this chapter, including where applicable:

1.

Existing wireless communications facilities to which the proposed facility will be a handoff candidate, including latitude, longitude, and power levels of each;

2.

A radio frequency plot indicating the coverage of existing wireless communications sites, and that of the proposed site sufficient to demonstrate radio frequency search area, coverage prediction, and design radius;

3.

A statement by a qualified professional engineer specifying the design structural failure modes of the proposed facility; and

4.

Antenna heights and power levels of the proposed facility and all other facilities on the subject property.

(3)

Pre-application conference. A pre-application conference is required for any new antenna-supporting structure. At the time a pre-application conference is held, the applicant shall demonstrate that the following notice was mailed, 15 days in advance of the pre-application conference (via certified mail) to all interested parties, including other wireless service providers licensed to provide service within the county as indicated on the list of wireless service providers and interested parties provided by the Monroe County Planning and Environmental Resources Department:

"Pursuant to the requirements of the Monroe County Land Development Regulations, (name of provider) is hereby providing you with notice of our intent to meet with the Monroe County Planning and Environmental Resources Department in a pre-application conference to discuss the location of a freestanding wireless communications facility that would be located at (location). In general, we plan to construct a support structure of feet in height for the purpose of providing (type of wireless service). Please inform us and the Planning and Environmental Resources Department if you have any desire for placing additional wireless facilities or equipment within two miles of our proposed facility. Please provide us with this information within ten business days after the date of this letter. Your cooperation is sincerely appreciated. Sincerely, (pre-application applicant, wireless provider)"

(b)

Replacement of an existing antenna-supporting structure. Monroe County shall approve any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. The following guidelines address those requests that do substantially change the physical dimensions of a tower or base station:

(1)

Approval criteria for replacement antenna-supporting structures. For a proposed replacement antenna-supporting structure to be approved, it shall meet the same approval criteria of subsections (a)(1)d., e, g.—j., and l. of this section, as well as the following:

a.

Setbacks.

1.

Any new equipment enclosures shall meet the minimum setback requirements for the land use (zoning) district where they are located pursuant to Chapter 131.

2.

Replacement antenna-supporting structure foundations (excluding guy wire anchors) constructed on properties that are contiguous to the IS, SR, UR or URM zones shall not be any closer to these zones than the foundation of the original antenna-supporting structure being replaced.

3.

Replacement antenna-supporting structure foundations (excluding guy wire anchors) constructed on properties that are contiguous to the right-of-way of U.S. Highway 1 shall not be any closer to such right-of-way than the foundation of the original antenna-supporting structure being replaced.

4.

Replacement antenna-supporting structures and the associated ancillary structures shall meet the environmental design criteria related to wetland setbacks pursuant to Sections 118-7 and 118-10 to the maximum extent practicable.

b.

Height.

1.

Replacement antenna-supporting structures shall not exceed the height requirements set forth in subsection (a)(1)b. of this section, or the height of the antenna-supporting structure it is replacing, whichever is greater.

c.

Construction. Subject to the height provisions of subsection (b)(1)b. of this section:

1.

Replacement antenna-supporting structures with an overall height of greater than 199 feet, may be of the same construction type as the structure being replaced.

d.

Landscaping. Landscaping and/or screening in the form of at least a class D buffer as drawn in the class D bufferyard figure in Section 114-128 shall be required around the development area to the maximum extent practicable.

(2)

Submittal requirements for replacement antenna-supporting structure applications. For a proposed replacement antenna-supporting structure application to be considered complete pursuant to Section 110-4, it shall contain the same submittal materials required in subsections (a)(2)a—i., k., l., and n. of this section.

(c)

Collocations on an existing antenna-supporting structure. Monroe County shall approve any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. The following guidelines address those requests that do substantially change the physical dimensions of a tower or base station:

(1)

Approval criteria for collocations on existing antenna-supporting structures. For a collocation on an existing antenna-supporting structure to be approved, it shall meet with the approval criteria of subsections (a)(1)i., j., and l. of this section, as well as the following:

a.

Height. A collocation on an existing antenna-supporting structure shall not increase the overall height of the antenna-supporting structure.

b.

Structural integrity. Any collocation on an existing antenna-supporting structure shall not impair the structure's ability to maintain the wind speed design requirements of ASCE 7-10, including any subsequent modification to those specifications.

c.

Radio frequency emissions. The applicant shall demonstrate that radio frequency emissions comply with FCC standards for such emissions, taking into account all collocated wireless communications facilities placed or proposed for placement on the antenna-supporting structure.

(2)

Submittal requirements for collocation on an existing antenna-supporting structure applications. For a collocation on an existing antenna-supporting structure application to be considered complete pursuant to Section 110-4, it shall contain submittal materials listed in subsections (a)(2)a.—f., and n. of this section, as well as the following:

a.

A stamped or sealed structural analysis of the existing antenna-supporting structure prepared by a licensed state engineer indicating that the existing antenna-supporting structure as well as all existing and proposed appurtenances can withstand a peak wind speed gust equivalent to the original design criteria for the antenna-supporting structure; and

b.

A copy of the lease or sublease between the owner of the antenna-supporting structure and the applicant seeking to place additional wireless equipment on the structure. Clauses related to lease term or rent may be deleted or censored.

(d)

Attached wireless communications facilities.  

(1)

Approval criteria for attached wireless communications facilities. For a proposed attached wireless communications facility to be approved, it shall meet with the approval criteria listed in subsections (a)(1)h., i., and l. of this section, as well as the following:

a.

Accessory use. An attached wireless communications facility shall be an accessory use as defined by Section 101-1.

b.

Height.

1.

The antenna, antenna array, attachment device, equipment enclosure and/or any ancillary equipment shall not extend above the ground by more than 70 feet.

2.

Existing or proposed attached wireless communications facilities that project more than 70 feet above the ground shall be considered as an antenna-supporting structure and subject to the provisions for these types of uses pursuant to subsection (a) of this section.

c.

Construction. Attached facilities may have a guyed, lattice, or monopole type construction, but in no case shall a lattice type construction exceed a height of ten feet from the base of the attached facility.

d.

Color. All attached antenna or antenna arrays, equipment enclosures and ancillary equipment visible from outside the building where they are located shall be painted so as to blend in with the building where they are placed, except as required by federal rules or regulations.

e.

Screening and placement.

1.

Attached wireless communications facilities shall be screened by a parapet or other device so as to minimize its visual impact as measured from the boundary line of the subject property. Attached facilities shall be placed in the center of the building where reasonably possible so as to further minimize visual impact.

2.

An attached wireless communications facility shall only be attached to a commercial, industrial, hotel, multifamily, institutional, or public building.

(2)

Submittal requirements for attached wireless communications facility. For a proposed attached wireless communication facility application to be considered complete pursuant to Section 110-4, it shall contain submittal materials listed in subsections (a)(2)a.—f., h., and n. of this section.

(e)

Stealth wireless communications facilities.  

(1)

Approval criteria for stealth wireless communications facilities. Setbacks shall be in accordance with the following provisions:

a.

Environmental design criteria. Stealth facilities shall meet the environmental design criteria related to wetland setbacks pursuant to Section 118-10.

b.

Minimum setback requirements. Stealth facilities shall meet the minimum setback requirements for the land use (zoning) district where they are located pursuant to Section 131-1.

c.

Height. Stealth wireless communications facilities shall not exceed 100 feet in overall height.

d.

Construction. No stealth wireless communications facility shall be guyed or have lattice type construction.

e.

Accessory use. A stealth facility shall be an accessory use as defined by Section 101-1.

f.

Structural integrity. The stealth facility shall be designed pursuant to the wind speed design requirements of ASCE 7-10, including any subsequent modification to those specifications.

g.

Aesthetics. No stealth facility, whether fully enclosed within a building or otherwise, shall have antennas, antenna arrays, transmission lines, equipment enclosures or other ancillary equipment that is readily identifiable from the public domain as wireless communications equipment.

(2)

Submittal requirements for stealth wireless communications facilities.

a.

For a proposed stealth wireless communications facility application to be considered complete pursuant to Section 110-4, it shall contain submittal materials listed in subsections (a)(2)a.—i., and n. of this section, as well as a photo-simulated post construction renderings of the proposed stealth facility, equipment enclosures, and ancillary structures as they would look after construction from the public domain.

b.

For a proposed stealth wireless communications facility that is not ground-mounted, the Planning Director may waive certain submittal requirements to reflect the necessary documentation required to demonstrate compliance with the provisions of this chapter.

(f)

Satellite earth stations.  

(1)

Approval criteria for satellite earth stations. In order to advance the health, safety, and aesthetic objectives of this chapter, and in order to protect the residential character of certain land use (zoning) districts, the following restrictions shall apply:

a.

Less than two meters. A proposed satellite earth station less than two meters in diameter shall conform with approval criteria listed in subsections (a)(1)a. and l. of this section.

b.

Greater than or equal to two meters. A proposed satellite earth station greater than or equal to two meters in diameter, shall conform with approval criteria listed in subsections (a)(1)a., j., and l. of this section.

c.

Height. The maximum height for any portion of a satellite earth station shall not exceed 35 feet.

d.

Landscaping. For a proposed satellite earth station that is greater than or equal to two meters in diameter, a class A buffer shall be provided in accordance with Section 114-128, between the proposed facility and any adjacent residential uses and the public right-of-way.

e.

Placement. The proposed satellite earth station shall not be placed in any front yard or a side yard that is adjacent to a public right-of-way.

f.

Accessory use. A satellite earth station shall be approved only as an accessory use as defined by Section 101-1.

(2)

Submittal requirements for satellite earth station applications.

a.

For a proposed satellite earth station less than two meters in diameter, the applicant shall submit materials required by subsections (a)(2)a.—f., and n. of this section.

b.

For a proposed satellite earth station greater than or equal to two meters in diameter, the applicant shall submit materials required by subsections (a)(2)a.—f., i., m., and n. of this section.

(3)

Limited waiver of requirements.

a.

The Planning Director may waive the requirements of this subsection (f) where an applicant for a satellite earth station demonstrates that compliance with these provisions will:

1.

Materially limit transmission or reception by the proposed satellite earth station; or

2.

Impose more than minimal costs on users of the facility.

b.

However, the Planning Director may not waive any requirement to a greater extent than is required to ensure that transmission or reception is not materially limited and that no more than minimal costs are incurred by the user to achieve such transmission or reception.

c.

The Planning Director, in determining whether to waive certain requirements of this subsection (f), may consider the following:

1.

The relative cost to the applicant to comply with these provisions in light of the costs associated with the installation of the satellite earth station;

2.

The existing conditions on the subject property, both manmade and natural; and

3.

The effect of a waiver on the public safety.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)