Item Q2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 15,2001
Division: Growth Management
Bulk Item: Yes
No X
Department: Planning and Environmental Resources
AGENDA ITEM WORDING: First of two public hearings to adopt an amendment to Chapter 9.5, Article VII,
Division 6 Wireless Communications Facilities of the Monroe County Code.
ITEM BACKGROUND: The attached ordinance was prepared with the firm of Freilich, Leitner, and Carlisle,
Law Offices in response to Ordinance #117-2001. The amendment addresses concerns with the existing
ordinance about the visual and environmental impacts of new facilities, administration of the ordinance,
proliferation of antennae supporting-structures, and compliance with the Telecommunications Act of 1996.
Staffs from the Growth Management Division and the Communications Department have worked with the
contractors in preparing this amendment.
The Planning Commission received comment at public hearings on July 25,2001 and August 8, 2001 and made
modifications to the draft.
PREVIOUS REVELANT BOCC ACTION: Approval of Resolution 117-2001, on February 22,2001
deferring the processing of development permit applications for communication towers in excess of 100 feet in
height for 180 days or until an amendment to the Land Development regulations is adopted.
Board adopted Wireless Communications Facility Ordinance #028-1999 on the 21 st of July 1999
CONTRACT/AGREEMENT CHANGES; N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/ A
COST TO COUNTY: N/ A
BUDGETED: Yes N/A
No
REVENUE PRODUCING: Yes N/ A No
AMOUNT PER MONTH N/A
Year
APPROVED BY:
County Atty
DIVISION DIRECTOR APPROVAL:
DOCUMENT A TION: Included
To Follow ><
AGENDA ITEM #
/--02-
DISPOSITION:
Revised 2/27/01
f~
TEXT AMENDMENT
CHAPTER 9.5, ARTICLE VII, DIVISION 6
WIRELESS COMMUNICATIONS FACILITIES
BOARD OF COUNTY COMMISSIONERS
KEY LARGO
AUGUST 15,2001
DRAFT ORDINANCE
CHAPTER 9.5, ARTICLE VII, DIVISION 6
WIRELESS COMMUNICATIONS FACILITIES
THE PLANNING COMMISSION CONTINUED THE PUBLIC HEARING TO
AUGUST 8, 2001, TO PROVIDE ADDITIONAL TIME FOR PUBLIC COMMENT.
STAFF WILL PROVIDE THE FINAL DRAFT TO THE BOARD AS SOON AS ALL
THE COMMISSIONS AMENDMENTS ARE INCLUDED IN THE DRAFT.
STAFF REPORT
CHAPTER 9.5, ARTICLE VII, DIVISION 6
WIRELESS COMMUNICATIONS FACILITIES
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 conawav@mail.state.fl.us
~
August 6, 2001
FROM:
Monroe County Board of County Commissioners
K. Marlene Conaway, Director....J.. ~
Department of Planning and EnvR-onmental Resources
TO:
RE:
Proposed LDR Amendment
Division 6 Wireless Communications Facilities
Background:
According to an inventory compiled in 2000 by the Department of Planning and
Environmental Resources, there are approximately one hundred and fifty towers in the
Florida Keys, one hundred and ten towers are taller than seventy (70) feet in height.
Monroe County has communications equipment on thirty-two (32) towers across the
County including the incorporated areas. The County owns twenty towers ranging in size
from thirty-five (35) feet in height to three hundred and sixty (360) feet in height. The
height of the tallest privately owned tower is slightly less than five hundred and fifty
(550) feet.
Monroe County's Wireless Communications Facility Ordinance #028-1999 was adopted
by the Board of County Commissioners on the 21 st of July 1999. The DCA amended
ordinance became effective in September 1999. In February 22,2001 the Board of
County Commissioners passed Resolution No. 117-2001 directing the staff of the Growth
Management Division to defer the processing of development permit application for
communication towers in excess of 100 feet in height until the adoption by the County
Commission of an amendment to the Monroe County Land Development Regulations
concerning such towers or the passage of 180 days, whichever comes first.
The County contracted with the Freilich, Leitner, and Carlisle Law Offices in Kansas
City, Missouri to prepare an amendment to the Wireless Communications Facility
Ordinance. Staff from the Growth Management Division and the Communications
Department has worked with the contractors in preparing the first draft of the ordinance.
The Planning Commission reviewed the ordinance at a public hearing on July 25,2001
and are continuing the hearing to August 8, 2001. The attached STRIKE OUT/INDER
LINE draft reflects the changes, to date, from the existing ordinance. A recommended
ordinance will be forwarded to the Board as soon as the PC review is finished.
Summary: (With changes from the public hearing on July 25, 2001)
The amendment to Division 6 Wireless Communications Facilities ofthe Land
Development Regulations addresses concerns about:
1) Visual and environmental impacts of new facilities,
2) Administration of the ordinance,
3) Proliferation of Antennae Supporting-Structures (Towers)
4) Compliance with the Telecommunications Act of 1996 (TCA).
.
To address the visual and environmental impacts of new antennaesupporting-
structures, height is limited to one hundred and ninety-nine feet.
New guyed supporting structures are prohibited and antennas are required to be either
lattice or monopole to reduce the potential impact on wildlife.
Setbacks are increased from Residential District (IS, SR, UR, or URM)and from
US#1 to one hundred (100) percent of the height of the antenna-supporting structure.
To encourage maintenance of existing facilities the districts where replacement
towers are permitted has been increased.
A replacement tower may not exceed the height of the structure it is replacing or, ifin
a district where taller towers are permitted, the height restrictions for a new tower. In
most of the residential, and the airport and parks and recreation districts replacement
towers are required to be the same height as the existing tower or meet the height
requirements for the district, whichever is less.
New antenna-supporting structures are prohibited unless it can be demonstrated that
collocation is impossible. Co-location on existing and new towers is encouraged by
making co-location an "As-of-Right" review in all districts and by requiring new
tower applicants to submit a signed statement agreeing to allow co-location of other
wireless equipment on proposed facilities.
Stealth facilities are less visually intrusive then towers and therefore are permitted as-
of-right or as a minor rather than a major conditional use to encourage more
applicants to use this alternative.
To bring the regulations into compliance with the Telecommunications Act of 1996,
satellite earth stations of less than a meter in diameter and not greater than 35 feet in
height, and that are less than two meters in diameter in the industrial and commercial
districts are permitted as-of-right.
Due to the complexity of the ordinance, authority is provided to hire a third party for
technical review at the costs to the applicant.
A variance procedure for setbacks and landscaping is provided.
.
.
.
.
.
.
.
.
.
Recommendation:
The Planning staff recommends approval of the final Planning Commission
recommended Wireless Communications text amendment to the Land Development
Regulations; Chapter 9.5, Article VII, Division 6: Wireless Communications Facilities.
STRIKE OUT/UNDER LINE
COMPARISON OF THE PROPOSED DRAFT
WITH THE EXISTING ORDINANCE
CHAPTER 9.5, ARTICLE VII, DIVISION 6
WIRELESS COMMUNICATIONS FACILITIES
DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
DIVISION 16. WIRELESS COMMUNICATIONS FACILITIES
Sec. 9.5-434.1. Purpose and Intent.
The purpose and intent of this division is to:
(a) Promote the health, safety and general welfare of the public by regulating the
siting of wireless communication facilities, including satellite earth stations;
and
(b) Minimize the impacts of wireless communication facilities on surrounding
areas by establishing standards for location, structural integrity and
compatibility; and
(c) Encourage the location and collocation of wireless communication equipment
on existing structures thereby minimizing new visual, aesthetic and public
safety impacts, effects upon the natural environment and wildlife, and
r~gR~iR.gto reduce the need for additional antenna-supporting structures; and
(d) Accommodate the growing need and demand for wireless communication
services; and
(e) Encourage coordination between suppliers of wireless communication services
in Monroe County;, and
(0 Protect the character, scale, stability, and aesthetic quality of the residential
districts of the County by imposing certain reasonable restrictions on the
placement of certain satellite earth stations; and
(g) Respond to the policies embodied in the Telecommunications Act of 1996 in
such a manner as to not unreasonably discriminate between providers of
functionally equivalent personal wireless service or to prohibit or have the
effect of prohibiting personal wireless service in the County.
(h) Establish predictable and balanced regulations governing the construction and
location of wireless communications facilities, within the confines of
permissible local regulation, and
(i) Establish review procedures to ensure that applications for wireless
communications facilities are reviewed and acted upon within a reasonable
period of time.
Freilich, Leitner & Carlisle
August 3,2001
doc.#48533/90355.007
DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
Sec. 9.5-434.2. Definitions.
For the purposes of this division, the terms and phrases listed below shall have the
following meanings:
(A-1) Ancillary Structures means forms of development associated with a wireless
communications facility, including but not limited to: foundations, concrete
slabs on grade,gy~: miri :md~:Qrg, generators, and transmission cable
supports; however, specifically excluding equipment enclosures.
(A-2) Anti-Climbing Device means a piece or pieces of equipment which are
either attached to antenna-supporting structure, or which are free-standing
and are designed to prevent people from climbing the structure. These
devices may include but are not limited to fine mesh wrap around structure
legs, "squirrel-cones", the removal of climbing pegs on monopole
structures, or other approved devices, but excluding the use of barbed wire.
f.4-4} (A-3) -Antenna-means any apparatus designed for the transmitting and/or
receiving of electromagnetic waves which includes but is not limited to
telephonic, radio or television communications. Types of antennas include,
but are not limited to: omni-directional (whip) antennas, sectorized (panel)
antennas, multi or single bay (FM & TV), yaggie, or parabolic (dish)
antennas.
(.44}(A-4) Antenna Array means a single or group of antennas and their
associated mounting hardware, transmission lines, or other appurtenances
which share a common attachment device such as a mounting frame or
mounting support.
.(.4-.6f(A-5) Antenna-Supporting Structure means a vertical projection composed of
metal, wood, or other substance with or without a foundation that is for the
express purpose of accommodating antennas at a desired height above
grade.. Antenna-supporting structuresm~T Bi iitair gy~'id, ~ilt ~Yf?PQrtiRg
(btti~i), 1+l.QRQ~gliE, Qr iR Egmi gtRir ~QRfigl.ll.::itigR. AR~T di'.'iGi '.d~i~R iEdo
not include any device used to attach antennas to an existing ByildiRg gR:ill
Bi ix~lydid frQ1+l. tRi dd'iRitigR gf :mg rigyl:iti9RE :if?pli~:iBli tg aatilll1:i
El.lppgrtiRg Etry~tllriE.building, unless the device extends above the highest
point of the building by more than twenty (20) feet.
(A-6) Attached Wireless Communication Facility means an antenna (iRdydiRg
giER a.Rt~l1R:iE) or antenna array that is attached to an existing building with
any accompanying pole or device which attaches it to the building,
transmission cables, and an equipment enclosure, which may be located
either inside or outside of the existing building. An attached wireless
Freilich, Leitner & Carlisle
August 3,2001
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
communications facility is considered to be an accessory use to the existing
principle use on a site.
(A-6) Attached Wireless Communication Facility means an antenna or antenna
array that is attached to an existing building with any accompanying pole
or device which attaches it to the building, transmission cables, and an
equipment enclosure, which may be located either inside or outside of the
existing building. An attached wireless communications facility is
considered to be an accessory use to the existing principle use on a site.
(C-1) Collocation means a situation in which two or more different wireless
communication service providers place wireless communication antenna or
antennas on a common antenna-supporting structure. The term collocation
shall not be applied to a situation where two or more wireless
communications service providers independently place equipment on an
existing building.
(C-2) Conical Zone means an area which extends outward from the outer edge of
the Horizontal Zone with a radius distance equivalent to five thousand two
hundred eighty (5,280) feet.
(D-1) Development Area means the area occupied by a wireless communications
facility including areas inside or under the following: an antenna-
supporting structure's framework, equipment enclosures, ancillary
structures, and access ways.
(E-1) Equipment Enclosure means any structure above the base flood elevation
including: cabinets, shelters (pre-fabricated or otherwise), pedestals, and
other similar structures. Equipment enclosures are used exclusively to
contain radio or other equipment necessary for the transmission or
reception of wireless communication signals not for the storage of
equipment nor as habitable space.
(F-1) FAA means the Federal Aviation Administration.
(F-2) FCC means the Federal Communications Commission.
(G-1) Guyed means a style of antenna-supporting structure consisting of a single
truss assembly composed of sections with bracing incorporated. The
sections are attached to each other, and the assembly is attached to a
foundation and supported by a series of guy wires which are connected to
anchors placed in the ground or on a building. TRl:gl: gtru~twl:g ~aR 91:
l+I.9yml:9 t9 a f9UR9ati9a mR.i~R r:l:gtg 9a 9r ia tR.1: gr:9ya9 9r 9a a 9l.liI9iag'E
~
3
Freilich, Leitner & Carlisle
August 3,2001
doc.#48533/90355.007
DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
(G-2) Glide Path means a ratio equation used for the purposes of limiting the
overall height of vertical projections in the vicinity of private airports. The
ratio limits each foot of height for a vertical projection based upon a
horizontal distance measurement.
(H-1) Horizontal Zone means an area longitudinally centered on the perimeter of
a private airport's runway which extends outward from the edge of the
primary surface a distance equivalent to five thousand two hundred and
eighty (5,280) feet.
(L-1) Lattice means a style of antenna-supporting structure that consists of
vertical and horizontal supports with multiple legs and cross-bracing, and
metal crossed strips or bars to support antennas.
(M-1) Monopole means a style of free-standing antenna-supporting structure
which is composed of a single shaft usually composed of two or more
hollow sections which are in turn attached to a foundation. This type of
antenna-supporting structure is designed to support itself without the use of
guy wires or other stabilization devices. These structures are mounted to a
foundation which rests on or in the ground or on a building's roof.
(P-1) Personal Wireless Service means commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services,
as defined in the Telecommunications Act of 1996.
fJ!-.J.f(P-2) Primary Surface means the area extending a distance of fifty (50) feet
to both sides of the centerline of a private airport's runway, and running the
distance of the runway.
~p ]1
- /
(P-3)Public Antenna-Supporting Structure means an antenna-supporting
structure, appurtenances, equipment enclosures, and all associated ancillary
structures used by a public body or public utility for the purposes of
transmission and/or reception of wireless communication signals associated
with but not limited to: public education, parks and recreation, fire and
police protection, public works, and general government.
(R-1) Radio Frequency Emissions means any electromagnetic radiation or other
communications signal emitted from an antenna or antenna-related
equipment on the ground, antenna-supporting structure, building, or other
vertical projection.
(R-2) Replacement means the construction of a new antenna-supporting structure
built to replace an existing antenna-supporting structure. A. r~pb~~m~Rt
W~RR4 ~llppgrtiRg ~tru~tlM~ i~ gf ~'lYal gr l~~~~r h~ight thaa th~ w~nna
Freilich, Leitner & Carlisle
August 3, 200]
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doc.#485 33/903 5 5 .007
DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
g~pgrtiRg gtrY~tlM"i it ig t:iplaQiRg, :mQ ig ygyallj' 19~:itiQ ~9R itg 9".'R
iRr.li"iQyal fgYRQ:itigR.
(S-l) Satellite Earth Station means a single or group of satellite parabolic (or
dish) antennas, witR 9Ri gr lR9Jii Ra.-':iRg a Qi:iHlitir grilitir tRaR tRirty (JO)
iR~Rig. These dishes are mounted to a supporting device which may be a
pole or truss assembly attached to a foundation in the ground, or in some
other configuration. A satellite earth station maygr lRay R9t include the
associated separate equipment enclosures necessary for the transmission or
reception of wireless communications signals with satellites.
(S-2)!MIlj ~JfJPQrti/Qf5 lRiaRg a gtyli gf fJiii gt~RQiRg aRtiRRa g~pgrtiRg Etr\l~tYri
".akR ~9REigtE gf:ill iR"irtiQ trugg aEEi~bly gr 9tRir ~EEilRbl~' QiEigRiQ tg
E~p9rt itEilf ').qtR9tR tRi YEi gf gY~' '\'irig gr gtRir gtabilizati9R Qi':i~iE.
TRiEi gtr\l~tUJiiE :i{:i tj'pi~all~' ~9liRP9EiQ gft1Y:ii (J) 9r fgw (<1) ligg '\.ai~R
riEt ~9RiRQi\'iQYal fgYRQatigRE a.R,Q afi RilQ t9gitRir 'vitR bra~iRg. TRiEi
gtm~tt,y;ig ~:iR bi lR9YRtiQ tg ~ fQYRQ:itigR ".ai~R fiEtg 9R 9r iR tRi grgYRQ
gr 9R a puilQiRg'E t:ggf.
fS-Jf Stealth Wireless Communications Facility means a Etl101~mriwireless
communications facility, ancillary structure, or equipment enclosure that is
not readily identifiable as ~R :illtiIlRa g~pgrtiRg Etl101~tYrisuch, and iSQI:
designed to be aesthetically compatible with existing and proposed uses on
a site. TRi Ew~tWi lR~T 9r lRa:,' R9tA stealth facility may have a secondary
function, including, ma~tigR (Li.but not limited to the following: church
steeple, bell tower, spire, clock tower, cupola, light standard, flagpole with
a flag, etc.).
(W-1) Wireless Communications means any personal wireless serviceaE Qit'iRiQ iR
tai PiQual TiliGglRlRYRi~:iti9Rg A~t gf 199~ which includesPiQifal
CglRlRYRk:itigRg
C9lRlRiggi9R
lkiREiQ
~gliR~ir~ial
v.TireleEE
tili~gmmYRkliti9RE EirvkiE gY~R aE but is not limited t02 cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), pagiRg,paging. Wireless
Communications also includes radio and television broadcast gir"i~ig, aRQ
gi~ibr Eir"i~iE tR:it ~YrriRtly ixigt gr tR:it ~~' Pi Qi':ilgpiQ iR tRi futWi.
services transmitted or received by a satellite earth station.
(W-2) Wireless Communication Facility (WCF) means any staffed or unstaffed
facility for the transmission and/or reception of radio frequency signals,
usually consisting of an antenna or group of antennas, transmission cables,
and equipment enclosures, and may include an antenna-supporting
structure. The following developments shall be considered as a Wireless
Communication Facility: developments containing new or existing
antenna-supporting structures, public antenna-supporting structures,
5
Freilich, Leitner & Carlisle
August 3,2001
doc.#48533/903 55 .007
DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
replacement antenna-supporting structures, collocations on existing
antenna-supporting structures, attached wireless communications
facilities, stealth wireless communication facilities, and satellite earth
stations.
Sec. 9.5-434.3. Applicability.
(a) ~Except as provided for in subsection (b) below, this division shall apply to
development activities including installation, construction, or modification to
the following wireless communications facilities:
(1) Existing antenna-supporting structures; and
(2) Proposed antenna-supporting structures; and
(3) Public antenna-supporting structures; and
(4) Replacement of existing antenna-supporting structures; and
(5) Collocation on existing antenna-supporting structures; and
(6) Attached wireless communications facilities; and
(7) Stealth wireless communications facilities; and
(8) Satellite earth stations; and
(9) Non-commercial amateur, ham radio, or citizen's band antenna-
supporting structures with heights greater than seventy (70) feet.
(b) The following items are exempt from the provisions of this gl:~tisRjdivision,
notwithstanding the provisions contained in Chapter 6 of the Monroe County
Code:
(1) .Amateur radio antennas as provided in Florida Statutes l25 .561; and
(2) h~. :i~~~m;l:iR~1: 'vitR Msm-gl: C9l.u:}t~' OrdiRaR~1: on 1997, ~I:
iRgtallatigR gf gatl:llitl: tl:ll:'.'igigR :mtl:Rnag tRat ds R9t I:x~l:l:d tRirt~,
PO) iRIORl:g iR diaml:tl:f :md IRkrg'v:i}'1: rl:,"l:i'.riRg mtl:RRag tRat dg R9t
I:x~l:l:d tRirt~, (30) iR~Rl:g iR di:;u:R.l:tl:r prg"idl:d tRat tRI: antl:Rna ig
:itta~Rl:d ts a rl:gidl:Rtiril gr ~glRlRl:r:~ial gyildiRg gr pla~l:d R9 IRgrl:
taaR t'''I:R1:,' fGyr (24) iRdll:g rigg"l: ~RiERl:d gradl:; :iRdill
Satellite earth stations that are one (1) meter or less in diameter and
which are not greater than thirty-five (35) feet above grade.; and
6
Freilich, Leitner & Carlisle
August 3, 2001
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
(3) Satellite earth stations that are two meters or less in diameter and that
are located or proposed to be located in the following land use
districts: I, MI, SC, and Ue.
~iil Regular maintenance for any existing wireless communications
facility that does not include the placement of a new wireless
communications facility; and
~ill The substitution or change of existing antennas or other equipment
on an existing antenna-supporting structure provided the substituted
antennas or equipment do~ not diminish the structural capacity of the
antenna-supporting structure, and provided such change does not
increase the overall height of the structure; and
~@ Any existing or proposed antenna-supporting structure with an I
overall height of seventy (70) feet or less above ground level; and
(9) Uj?9R(7) A government-owned wireless communications facility, upon
the declaration of a state of emergency by federal, state, or local
government, and a written determination o~ public necessity by the
Director of Public Safety; except that such facility must comply with
all federal and state requirements. No wireless ~:af~t~r, :i g9"~mm~Rt
9n'R~g Wir~h~~~ C91RIlnmi~:ati9Rg FaGilit~r 1R:i)' b~ h~IRF9r:arily
F~FJRitt~g :ig 91;: riglR n~~r~ R~Q~ggar~:, Ulrcommunications facility
shall be exempt from the provisions of this division beyond the
duration of the state of emergency.
Sec. 9.5-434.4. Uses by Land Use District.
(a) Pursuant to Sections 9.5-232 through 9.5-255, and except as provided in
subsection (b) below, no wireless communications facility shall be permitted
in a particular land use district except in accordance with the table below.
Freilich, Leitner & Carlisle
August 3,2001
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
New Replacement of
Antenna Existin2 Antenna
ILand Use Supportin2 Supportin2 Attached Stealth Satellite Earth
District Structure Structure Co-Location Facilitv Facility Stati n
lAD Prohibited Minor As-of-Right Minor Minor As-of-f ight
CD Prohibited Prohibited As-of-Right Prohibited Prohibited Mine 4
CFA Major As-of-Right As-of-Right Minor Minor Mine 4
CFSD1 Prohibited Prohibited As-of-Right Prohibited Prohibited Mindr4
CFSD2 Major As-of-Right As-of-Right As-of-Right Minor Mino 4
(:FV Prohibited Minor As-of-Right Minor Minor Mino 4
~R Major As-of-Right As-of-Right As-of-Right As-of-Right As-of-I ight
I Minor As-of-Right As-of-Right As-of-Right As-of-Right As-of-I ight
IS Prohibited Prohibited As-of-Right Prohibited Major Min< r4
MF Major As-of-Right As-of-Right As-of-Right As-of-Right As-of-I ight
MI Minor As-of-Right As-of-Right As-of-Right As-of-Right As-of-I ight
MN Prohibited Prohibited As-of-Right Prohibited Prohibited Mino 4
MU Major As-of-Right As-of-Right As-of-Right As-of-Right Mino 4
NA Major3 As-of-Righe As-of-Right Minor Minor Mine 4
OS Prohibited Prohibited As-of-Right Prohibited Prohibited Mine 4
PR Prohibited Minor As-of-Right As-of-Right Minor As-of-I ight
RV Prohibited Minor As-of-Right Minor Minor Mine 4
SC Major As-of-Right As-of-Right As-of-Right As-of-Right As-of-f ight
SR Prohibited Minor As-of-Right Prohibited Minor Mine 4
SR-L Prohibited Minor As-of-Right Prohibited Minor Mine 4
SS Major3 Minor3 As-of-Right Prohibited Minor Min< 4
DC Maior As-of-Right As-of-Right As-of-Right As-of-Right As-of-l ight
UR Prohibited Minor As-of-Right As-of-Right Minor Mine 4
URM Prohibited Minor As-of-Right Prohibited Minor Mine 4
URM-L Prohibited Minor As-of-Right Prohibited Minor Mine 4
I Includes thefollowin!! Commercial Fishin!! Snecial Districts: 1,28,9, 10, II, 12. 13, 14, 15, 16, 18. 19 & 20 I
Includes the followin!! Commercial Fishin!! Snecial Districts: 3,4, 5, 6, 7 & 17 lias
New antenna-supportinl! structures shall be allowed in NA and SS land use districts only within that portion of the district desi!!nated an
antenna field on the Official Wireless Communications Man. I
Satellite earth stations proposed in this land use district that are less than 2.0 meters in diameter shall be allowed as-of-ril!ht.
(b) Within the following districts, new antenna-supporting structures may be
permitted as a major conditional use, provided that the antenna-supporting
structure is owned by Monroe County and is used exclusively for county
communications: CD, MN, OS, and PRo
Sec. 9.5-434.5. Development Standards.
These standards shall apply to the following types of wireless communications facilities:
(a) New Antenna Supporting Structures.
Freilich, Leitner & Carlisle
August 3, 2001
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
(l)PWi:l.1ant tQ 5li~ti9Ri: 90S 232 thr9ygR. 9.S 255, tR.i piRRiuid :md
pr9R.isitid laad Yi:i dii:triQti: f9r Ri',F :imtilma i:YpPQItiRg gtN~tWii: :Mi
lii:tid iR tR.i ~R.art sil9w:
~ 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 Section 9.5-345;
and
2. Any new antenna-supporting structures, equipment
enclosures and ancillary structures shall meet the
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Monroe County, Florida
minimum setback requirements for the land use district
where they are located pursuant to Section 9.5-281; and
3. New antenna-supporting structures constructed on a
property or properties which is/are contiguous to the IS,
ss.,. SR, UR or URM zones shall be setback from these
zones a distance equal topv~Rt)' (2Q) p~J.:~~Rt gf the
overall height of the antenna-supporting structure.
4. New antenna-supporting structures shall be setback
from the right-of-way of U.S. Highway 1 a distance
equal to the overall height of the antenna-supporting
structure.
b. Height.
The overall height of any antenna-supporting structure shall
not be greater than one-hundred and ninety-nine (199) feet.
c. Construction.
New antenna-supporting structures shall have a monopole
type construction only, and shall not be guyed or have a
lattice type construction.
~. Structural Integrity.
1. The entire antenna-supporting structure and all
appurtenances shall be designed pursuant to the wind
speed design requirements of ASCE 7-95 (150 mph
peak winds); and
2. The 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 resulting from the conference.
~ Lighting.
l. At the discretion of the Planning Director, any new
antenna-supporting structure which is one hundred
(100) feet tall or taller, but not required by the FAA to
Freilich, Leitner & Carlisle
August 3,2001
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provide aircraft obstruction lighting, shall provide the
following:
(i) A white flashing strobe situated at the top of
the antenna-supporting structure with
illumination values meeting but not exceeding
the minimum required by federal, state, or local
authority; and
(ii) A red flashing strobe situated at the top of the
antenna-supporting structure with illumination
values meeting but not exceeding the minimum
required by federal, state, or local authority; and
2. Any lighting placed on an antenna-supporting structure
shall be completed in accordance with the provisions of
Section 9.5-394 of the Land Development Regulations
and Section l3-63 ofthe Monroe County Code.
iii. ^.i[t~iti~[.f. Collocation and Alternative Facility Types.
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; 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 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
II
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
communications facilities and related
equipment.
(iv)The applicant demonstrates that there are other
limiting factors that render existing wireless.
communications facilities unsuitable.
g. Color.
New antenna-supporting structures',~idl. :if~ R9t ),:~gyl&t~g
iR :ifp~&r:m~~ by tR~ F A^_ 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.
.f.-~ 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 district and/or
habitat where they are located:
(i) The area beneath all equipment enclosures; plus
(ii) The area of the antenna-supporting structure
foundation at or above grade; plus
(iii) The area beneath ancillary structures ~xdugiRg
th~ n~kh ig b~R~~h gyy v'ir~g (if :ifpli~:ibl~);
plus .
(iv) The area inside the antenna-supporting structure
framework.
~l.: Security.
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
Fencing, in accordance with Section 9.5-309, and/or anti-
climbing 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 9.5-379 shall be required around the development
area.
i.-l. Signage.
The only signage that is permitted upon an antenna-
supporting structure, equipment enclosures, or fence (if
applicable) shall be informational, and for the purpose of
identifying the j\m~RRa ~YpFgrtiRg ~tm~t\,lr~,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).
,t.-m. Aircraft Obstruction.
In addition to the provisions of Section 9.5-252, the overall
height of a new antenna-supporting structure located in the
vicinity of a private airport shall be limited by the
following:
(i) A 35:l glide path ratio in the Horizontal Zone
limiting the heights of new antenna-supporting
structures to one hundred fifty (150) feet within
one (1) statutory mile (5,280 feet) from the edge
of the private airport primary surface; and
(ii) A l2:1 glide path ratio in the Conical Zone
limiting the heights of new antenna-supporting
structures to six hundred (600) feet within one
(1) statutory mile (5,280 feet) from the edge of
the Horizontal Zone.
~n. Adverse Effects on Adjacent Properties and Compatibility I
with Community Character.
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
1. New antenna-supporting structures shall be consistent
-with the community character of the immediate
vicinity, and shall minimize adverse effects including
visual impacts on adjacent properties pursuant to
Section 9.5-65 (b) and (c).
2. The following attributes shall be considered. from
-vantage points within three (3) miles of the base of the
proposedQ.f antenna-supporting structure:
(i) Height; and
(ii) Mass and scale; and
(iii) Materials and color; and
(iv) Illumination.
~m Submittal requirements for new antenna-supporting structure I
applications:
a. A completed application form and any appropriate fees; and
b. Three (3) sets of signed and sealed site plans; and
c. A property card for the subject property from the Monroe
County Property Appraiser's Office or a tax bill showing the
ownership of the subject parcel; and
d. A form indicating that a property and/or antenna-supporting
structure's owner's agent has authorization to act upon their
behalf (if applicable); and
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; and
f. Proof of an FCC license to transmit and/or receive radio signals
in Monroe County; and
g. A stamped or sealed structural analysis of the proposed
antenna-supporting structure prepared by a licensed Florida
engineer indicating the proposed and future loading capacity of
the antenna-supporting structure; and
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
~h. One original and two (2) copies of a survey of the property
-completed by a licensed Florida engineer which shows all
existing uses, structures, and improvements; and
j..-i: Three (3) copies of a vegetation surveyor Habitat Evaluation
Index (HEI); and
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; and
k. Proof of FAA compliance with Subpart C of the Federal
Aviation Regulations Part 77, Objects Affecting Navigable
Airspace; and
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; and
m. If required by the United States Fish and Wildlife Service, a
letter indicating that the proposed antenna-supporting structure
and appurtenances ')qll b.W.7~ R9 if~~t~ Uf'9R 'vildlifi; 9r tb.:it
:illY iffi~t~ ',ili~b. :R"i ~riatid ":ill ei mitigatid t9 tb.i ixtiRt
p9~~igli are in compliance with all applicable federal rules and
regulations.
n. All other documentation, evidence, or materials necessary to
demonstrate compliance with the applicable approval criteria
set forth in this chapter.
l.r.Q2A pre-application conference IS required for any pr9pg~~dnew
antenna-supporting structure.
At the time a pre-application conference is held, the applicant shall
demonstrate that the following notice was mailed (via certified mail) to
all interested parties, including other wireless service providers
licensed to provide service within Monroe County as indicated on the
list of wireless service providers and interested parties provided by the
Monroe County Planning 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
15
Freilich, Leitner & Carlisle
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
.
Department in a pre-application conference to discuss the location of
a free-standing wireless communications facility that would be located
at _(location) . In general, we plan to construct a s1,J.pport
structure of _ feet in height for the purpose of providing
(type of wireless service) . Please inform us and the
Planning Department if you have any desire for placing additional
wireless facilities or equipment within two (2) miles of our proposed
facility. Please provide us with this information within ten (10)
business days after the date of this letter. Your cooperation is sincerely
appreciated.
Sincerely, (pre-application applicant, wireless provider)"~
l. .A signed affidavit from the antenna supporting structure's ovmer
stating the following:
1. That there is an immediate need for a nevI antenna
supporting structure in the proposed location; and
2. That the height of the proposed antenna supporting
structure is the minimum necessary; and
3. Why the proposed structure must be located on the
proposed site; and
DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
~ Approval criteria for replacement antenna-supporting structures..
a. For a proposed replacement antenna-supporting structure to be
approved, it shall meet the same approval criteria g. tmQRgR g.
~., e., g. through j. and 1. as indicated in Section 9.5 <lJ<I.4
(:i) (2),9.5-434.5(a) (1), as well as the following:
b. Setbacks.
1. Any new equipment enclosures shall meet the
minimum setback requirements for the land use district
where they are located pursuant to Section 9.5-281; and
2. Replacement antenna-supporting structure
foundations(~xQ1RQiR.g gRY mit:~ :m~RQrg) constructed
on a property or properties which is/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; and
3. Replacement antenna-supporting structures and the
associated ancillary structures shall meet the
environmental design criteria related to wetland
setbacks pursuant to Section 9.5-345 to the maximum
extent practicable.
c. Height.
I. Except as provided in subsection 2. below, A
replacement antenna-supporting ~tru~tYr~ m:iy R.Qt R:i"~
:i gr~.ter Q'(~r,:ill R~igRt agQ"~ grQ'lI}Q le,,~l tRaR. tR~
~tru~tYre it ig repb~iR.g.structures shall not exceed the
height requirements set forth in 99.5-434.5(a)(1)b. or
the height of the antenna-supporting structure it is
replacing, whichever is less.
2. In the following land use districts, replacement antenna-
supporting structures shall not exceed the height
requirements set forth in 99.5-434.5(a)(1 )b. or the
height of the antenna-supporting structure it is
replacing, whichever is greater: CF A, DR, I, MF, MI,
MU, NA, SC, SS, UC, and CFS Districts 3, 4, 5, 6, 7,
and 1 7.
d. Construction.
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
Subject to the height provisions above:
1. Replacement antenna-supporting structures with ..an
overall height of one-hundred and ninety-nine (199)
feet or less shall have a monopole type construction.
2. Replacement antenna-supporting structures with an
overall height of greater than one-hundred and ninety-
nine (199) feet, may be of the same construction type as
the structure being replaced.
~. 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 9.5-379 shall be required around the development
area to the maximum extent practicable.
~0 Submittal requirements for replacement antenna-supporting
structure applications:
a. Fora proposed replacement antenna-supporting structure
application to be considered complete pursuant to Section 9.5-
44, it shall contain the same submittal materials required as
indicated in Section 9.5 <13<1 <1 (a) (3) a. j.9.5-434.5(a)(2) a.
through i., k., l. and n.
(c) Collocations on an Existing Antenna-Supporting Structure.
(1)PYrElJaat tQ 5l~~tiQlu: 9.5 232 tm-QugR. 9.5 255, tR.~ ~~Fmitt~g aRg
~Z:QR.ipit~g lang u!;~ gi~tFi~tE fur QQllQ~atiQR.~ QR. ~xi~tiR.g :mt~R.R.a
~l.IF~grtiR.g Etf-Y~tw~!; :ir~ li~t~g iR. tR.~ ~R.:m p~lQ').':
Table Deleted
(information amended
& consolidated at ~9.5-
434.4(a) & (b))
Freilich, Leitner & Carlisle
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
~ Approval criteria for collocations on existing antenna-supporting
structures:
a. For a collocation on an existing antenna-supporting structure to
be approved, it shall meet with approval criteria i. thrgygR. g.
~h. through j. and 1. as indicated in Section 95 414 <1 (~)
~9.5-434.5 (a) (1), as well as the following:
b. Height.
A collocation on an existing antenna-supporting structure
shall not increase the overall height of the antenna-
supporting structure beyond that allowed under Section 9.5-
434.5(a)(l )b.
c. 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 7-95.
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
d. Setbacks.
New equipment enclosures placed at an existing legally
non-conforming wireless. communications facility '(with
respect to wetland setbacks) shall be required to meet the
environmental design criteria of Section 9.5-345.
~m Submittal requirements for collocation on an existing antenna- I
supporting structure applications:
a. For a collocation on an existing antenna-supporting structure
application to be considered complete pursuant to Section 9.5-
44, it shall contain submittal materials a. through f. and n. as
indicated in Section 9.5 131.1 (a) (3),9.5-434.5 (a) (2), as well
as the following:
+-:--lr. LA stamped or sealed structural analysis of the
existing antenna-supporting structure prepared by a
licensed Florida 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.
&.-AL.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.
(l)Pursuant to Sections 9.5 232 through 9.5 255, the permitted and
prohibited land use districts for attached wireless communications
facilities are listed in the chart below:
Freilich, Leitner & Ca
August 3, 2001
Table Deleted
(information amended
& consolidated at 99.5-
434.4(a) & (b))
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
~ Approval criteria for attached wireless communications facilities:
a. For a proposed attached wireless communications facility to
approved, it shall meet with the approval criteria ~. thrQugb. f.
~h., i., and l. as indicated in Section 9.5 4J4.4 (f4) (2),9.5-
434.5 (a) (1 ), as well as the following:
b. Accessory Use.
An attached wireless communications facility shall be an
accessory use as defined by Section 9.5-4 in the Land
Development Regulations; and
c. Height.
1. An attached wireless communications facility shall only
be attached to a commercial retail, industrial, hotel,
multifamily, institutional, or public building gf at liaEt
thr~~ 0) ~tQriig gr at l~agt tb.irty H"i 0 5) f~~t iR b.~igb.1;;
and
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
2. The antenna, antenna array, attachment device,
equipment enclosure and/or any ancillary equipment
shall not extend above the highest point of the building
by more than twenty (20) feet; ,and
3. IaxigtiRg Notwithstanding the provisions of Section
9.5-434.3 (b), existing or proposed attached wireless
communications facilitiesytili~iRg a trl,U;g agg~lRgly
~t~nRa m~~grtiRg gtm~tl,u~ ~ilRilar tg a gyy~d gr g~lf
gu~~grtiRg tg'\'~r which projects more than twenty (20)
feet above the highest point of the building upon which
it is mounted:iRd Rag :U1 g"~rallR~igR.t gr~:it~r tR:U1
g~'.'~Rty (7Q) fe~t abg'.'~ gF9YRd l~'.'~l shall be
considered as an antenna-supporting structure and
subject to the provisions for these types of uses
pursuant to Section 95 <13<1.<19.5-434.5 (a); and
d. .^ ~gtR~ti~E.d.
Construction.
Attached wireless communication facilities shall have a
monopole type construction only, and shall not be guyed or
have a lattice type construction.
e. Color.
All attached antenna or antenna arrays, equipment
enclosures and ancillary equipment visible from outside the
building where they are located shall be~la~~d iRgid~ tR~
g'lildiRg gr Q:ilRg\lflag~d 9r painted so as to blend in with
the building where they are placed.
~m Submittal requirements for attached wireless communications
facility applications:
a. For a proposed attached wireless communication facility
application to be considered complete pursuant to Section 9.5-
44, it shall contain submittal materials a. through f., h. and ~n.
as indicated in ~~~tigR 9.5 <13<1 <I (a) (J).Section9.5-434.5(a)(2).
(e) Stealth Wireless Communications Facilities.
(l)PYW.1am tg ~~~tigRg 9.5 132 thr9\lgR 9.5 255, tR~ ~~FlRitt~d :iad
prgRigit~d laRd Ug~ digtri~tg fgr gt~altR 117ir~I~EE ~gIRIRURi~:itigRE
fi~iliti~g ar~ ligt~d iR tR~ ~R:iIt b~lg'v:
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
~ Approval criteria for stealth wireless communications facilities:
a. Setbacks.
l. Stealth facilities shall meet the environmental design
criteria related to wetland setbacks pursuant to Section
9.5-345; and
2. Stealth facilities shall meet the minImum setback
requirements for the land use district where they are
located pursuant to Section 9.5-281.
b. Height.
Stealth wireless communications facilities shall not exceed
one hundred (100) feet in overall height.
c. Construction.
No stealth wireless communications facility shall be guyed
or have lattice type construction.
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
d. Accessory Use.
A stealth facility shall be an accessory use as defined by
section 9.5-4 in the Land Development Regulations.
~. Structural Integrity.
The stealth facility shall be designed pursuant to the wind
speed design requirements of ASCE 7-95 (150 mph peak
winds).
Q.-f. 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 which is readily identifiable from the public
domain as wireless communications equipment.
~.Q2 Submittal requirements for stealth wireless communications
facilities:
a. F or a proposed stealth wireless communications facility
application to be considered complete pursuant to Section 9.5-
44, it shall contain submittal materials a. through .hi. and n.,
indicated in Section 9.S <lJ<l.<l (a) (J)9.5-434.4(a)(2) as well
asthi fgll~"Hillg:
b. Ph9tga 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.
(I) Satellite Earth Stations.
(l)PYr~Yant 19 5li~ti9llg 95 232 tM911gh 95 2SS, tRi FiRRittiQ aIlQ
Ft:9hibi1iQ l2dlQ Y~i gi~tri~t~ fgr ~atilli1i iartl1 ~t:iti9Ilg rMi li~tig ill thi
ch~ bilg~T:
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
~ Approval criteria for satellite earth stations:
a. In order to advance the health, safety, and aesthetic objectives
of this division, and in order to protect the residential character
of certain land use districts, the following restrictions shall
~
~. fgr al. A proposed satellite earth station less than
two meters in diameter shall conform with approval
criteria a. and l. as indicated in Section 9.5-434.5 (a)
ill
tg b~ :.lpFr9,,~d, it Eaall miilt2. A proposed satellite
earth station greater than or equal to two (2) meters in
diameter, shall conform with approval criteria a., ~
thr9uga i, md k.j., and 1. as indicated in Section 9.5-
434.4 (a) (J), ~~ '''ill ~~ tail fg1l9'"iRg:ill
b. Hiligat.3. Height.
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DRAFT Wireless Communications Facilities Ordinance, as 'A~ended
Monroe County, Florida
The maximum height for any portion of a satellite
earth statiorlH;Shallnot exceed thirty-five (35) feet.
4. Landscaping. '
If ~r pglti9R. 9f :iFor a proposed satellite earth
station prQj~~h; 9"~r {Rilt)' ti,,~ OS) t'~~t :iE
1R~.EYl~d fr9IRt~~ gr9tmd ~1~'(~i9R, th~R tR~
f:l~ility ig t9 Q~ t:~"i~',,~d YRg~r tR~ pr9"iEiQRE 9f
95 <13<1.<1 (~); andthat is greater than or equal to two
(2) meters in diameter, a Class A buffer shall be
provided, in accordance with Section 9.5-379,
between the proposed facility and any adjacent
residential uses and the public right of way.
~. ^..~Et~~tiQE.
~:it~lli{~ ~:irtR Etati9RE ERall lRaiRt~iR ~9Rt~xtual 9r
~9IRpatiQI~ QQI9r(E) aE d~t~m:liRid Q~r t1J.~ Plar..n.iRg
Dir~~{9r E9 ~E t9 lRaim~iR ~91R~atiQility "ritR
EYlJ.:9YRdiRg land 1.1EiE.5. 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.
6. Accessory Use.
A satellite earth station shall be approved only as an
accessory use as defined by Section 9.5-4 in the
Land Development Regulations.
(3) ~y1?lRittal t:i'l1.1it:ilRiRt8(2) Submittal requirements for satellite earth I
station applications:
~. For a proposed satellite earth station :ippli~ati9R t9
1?~ Q9REidir~d Q9IRpliti pm:Euant t9 ~i~ti9R 9 S <I <I, it ERall
~9RtaiR tR~ E:ilRi EUQlRittallR:it~riaIE :i. tm-91.1gR f., i., j., ~d 1.
tm-9ygR m.less than two (2) meters in diameter, the applicant
shall submit materials required by a. through f. and n. as
indicated in Section 95 <13<1.<1 (Wi) 0).9.5-434.5 (a) (2).
b. For a proposed satellite earth station greater than or equal to
two (2) meters in diameter, the applicant shall submit materials
26
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
required by a. through f, i., m., and n. as indicated in Section
9.5-434.5(a)(2).
(3) The Planning Director may waive the requirements of Section 9.5-
434.5(f) where an applicant for a satellite earth station demonstrates
that compliance with these provisions will:
a. materially limit transmission or reception by the proposed
satellite earth station; or
b. impose more than minimal costs on users of the facility.
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.
Sec. 9.5-434.6. Expert Review.
(a) Where due to the complexity of the methodology or analysis required to
review an application for a wireless communication facility, the Planning
Director may require a technical review by a third party expert, the costs of
which shall be borne by the applicant.
(b) The expert review may address any or all of the following:
(1) The accuracy and completeness of submissions;
(2) The applicability of analysis techniques and methodologies;
(3) The validity of conclusions reached; and
(4) Other matters deemed by the Planning Director to be relevant to
determining whether a proposed wireless communications facility
complies with the provisions of this division.
(c) Based on the results of the expert review, the Planning Director may require
changes to the applicant's application or submittals.
(d) The applicant shall reimburse the County within five (5) working days of the
date of receipt of an invoice for expenses associated with the third party
expert's review of the application. Failure by the applicant to make
reimbursement pursuant to this section shall abate the pending application
until paid in full.
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DRAFT Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
Sec. 9.5-434.7. Variance.
(a) Applicability.
This Section shall not apply to satellite earth stations.
(b) Review criteria and expedited procedure.
(1) Except as provided in subsection (a) above, variances may be granted
from setback and landscaping criteria, pursuant to the procedures set
forth in Section 9.5-523 of the land development regulations and the
additional criteria set forth in (2) below. However, no setback
requirement shall be reduced by greater than 30% of that required by
this division, and in no case shall an applicant be allowed to install less
than a Class B buffer, in accordance with Section 9.5-379.
(2) In addition to the criteria set forth in Section 9.5-523, when
considering an application for a variance pursuant to this section, the
planning commission shall not grant a variance unless the applicant
demonstrates that:
a. denial of the variance would prohibit or have the effect of
prohibiting the provision of personal wireless services within a
particular area of the County; or
b. denial of the variance would unreasonably discriminate among
providers of functionally equivalent services.
(c) Variances under this section shall be processed concurrently with an
application for wireless communications services as provided for in this
division.
Sec. 9.3 04.3.9.5-434.8. Abandonment.
(a) In the event all legally approved use of any wireless communications facility
has been discontinued for a period of six (6) months, the facility shall be
deemed to be abandoned. Determination of the date of abandonment shall be
made the Planning Director who shall have the right to request documentation
and/or affidavits from the facility owner regarding the issue of wireless
communications facility usage, including evidence that use of the wireless
communications facility is imminent.
(b) At such time as the Planning Director reasonably determines that a wireless
communications facility is abandoned, the Planning Director shall provide the
facility owner with written notice of an abandonment determination by
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August 3, 2001
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DRAFT Wireless Communications Facilities Ordinance, as Amended
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certified mail. Failure or refusal by the owner to respond within sixty (60)
days of receipt of such notice, shall constitute prima facie evidence that the
wireless communications facility has been abandoned.
(c) If the owner of the wireless communications facility fails to respond or fails to
demonstrate that the wireless communications facility is not abandoned, the
facility shall be considered abandoned and the owner of the facility shall have
an additional one hundred twenty (120) days within which to: (i) reactivate the
use of the wireless communications facility or transfer the wireless
communications facility to another owner who makes actual use of the facility
within the one-hundred-twenty-day period, or (ii) dismantle and remove the
wireless communications facility.
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AGENDA ITEM #Q-2
MEMORANDUM
FREILICH, LEITNER & CARLISLE
To: Mayor Neugent and Members of the Monroe County Board of County
Commissioners
From: Tyson Smith
Freilich, Leitner & Carlisle
Date: August 15,2001
Subj: Wireless Communications Facilities Ordinance
As you are aware, and pursuant to the direction of this Board, County staff has been in
the process of amending the current Wireless Communications Facilities Ordinance in
order to address a number of important issues, including the visual and environmental
impacts of new wireless facilities. Yesterday, on August 14th, the Planning Commission
completed its extensive review ofthese important matters and, accordingly, has
recommended the adoption of the attached ordinance (Draft #4). Amendments have also
been made to Sections 9.5-232 through 9.5-254, "Permitted Uses." However, those
changes mirror the use provisions also set forth in the Wireless Communications
Ordinance itself.
At tonight's meeting of the Board, I will discuss the details of the ordinance more
thoroughly; however, I have attempted to describe in this memorandum its general terms,
as it has been proposed by the Planning Commission.
First, the ordinance limits the maximum height of any new antenna-supporting structure,
or tower, to an overall height of 199 feet. This limitation would be applied countywide
and would be the subject to a very narrow variance provision where the applicant meets
the criteria set forth in proposed section 9.5-434.7. However, as drafted, no variance can
be granted that would allow any antenna-supporting structure to exceed 330 feet in
overall height.
Second, a number of amendments have been made that will require an applicant to
demonstrate that alternative sites and possible collocation opportunities have been
explored prior to seeking an application for a new antenna-supporting structure.
Additional changes have been made to the ordinance in an effort to reduce the visual and
environmental impacts of wireless facilities constructed in the future. These include
changes to certain zoning district regulations and, among other things, restrictions on the
types of towers allowed.
Third, extensive amendments have been made in order to address satellite earth stations,
or dishes, in order to ensure continued compliance with federal rules and regulations that
have been put into place over the last several years.
1
Freilich, Leitner & Carlisle
1150 One Main Plaza, 4435 Main Street, Kansas City, MO 64111-7727
Phone: (816) 561-4414 Fax: (816) 561-7931 E-mail: tsmithCWflc-kc.com
doc. # ETSOI7/90355.007
Qt-
AGENDA ITEM #Q-2
Finally, the ordinance has been drafted with the counsel of radio frequency specialists
from the engineering firm of CityScape Siting and Management. CityScape has
conducted a technical review of the ordinance to ensure that, as proposed by the Planning
Commission, it reasonably addresses the needs of the wireless industry while
simultaneously addressing the visual and environmental impacts of future facilities. As
we will discuss tonight, the federal Telecommunications Act of 1996 limits the ability of
10cal governments to regulate wireless facilities. However, the Act also expressly
preserves the local government's ability to regulate in a reasonable and non-prohibitive
manner. CityScape has provided the technical analysis to ensure that the ordinance has
been drafted and will be administered in a manner that is consistent with these federal
laws. Members of the CityScape team will be available tonight to answer questions and
address any technical issues that may arise.
I apologize for the brevity ofthis report, but I will discuss the provisions of the ordinance
in more detail at tonight's meeting and I look forward to meeting with you then.
Freilich, Leitner & Carlisle
1150 One Main Plaza, 4435 Main Street, Kansas City, MO 64111-7727
Phone: (816) 561-4414 Fax: (816) 561-7931 E-mail: tsmith(a'J,flc-kc.com
doc. # ETSOI7/90355.007
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DRAFT #4 Wireless,Communications Facilities Ordinance, as Amended
Monroe County, Florida
Sec. 9.5-434.2. Definitions.
F or the purposes of this division, the terms and phrases listed below shall have the
following meanings:
(A-l) Ancillary Structures means forms of development associated with a wireless
communications facility, including but not limited to: foundations, concrete
slabs on grade, guy wire anchors, generators, and transmission cable
supports; however, specifically excluding equipment enclosures.
(A-2) Anti-Climbing Device means a piece or pieces of equipment which are
either attached to antenna-supporting structure, or which are free-standing
and are designed to prevent people from climbing the structure. These
devices may include but are not limited to fine mesh wrap around structure
legs, "squirrel-cones", the removal of climbing pegs on monopole
structures, or other approved devices, but excluding the use of barbed wire.
(A-3) Antenna means any apparatus designed for the transmitting and/or
receiving of electromagnetic waves which includes but is not limited to
telephonic, radio or television communications. Types of antennas include,
but are not limited to: omni-directional (whip) antennas, sectorized (panel)
antennas, multi or single bay (FM & TV), yaggie, or parabolic (dish)
antennas.
(A-4) Antenna Array means a single or group of antennas and their associated
mounting hardware, transmission lines, or other appurtenances which share
a common attachment device such as a mounting frame or mounting
support.
(A-5) Antenna-Supporting Structure means a vertical projection composed of
metal, wood, or other substance with or without a foundation that is for the
express purpose of accommodating antennas at a desired height above
grade. Antenna-supporting structures do not include any device used to
attach antennas to an existing building, unless the device extends above the
highest point of the building by more than twenty (20) feet.
(A-6) Attached Wireless Communication Facility means an antenna or antenna
array that is attached to an existing building with any accompanying pole
or device which attaches it to the building, transmission cables, and an
equipment enclosure, which may be located either inside or outside of the
existing building. An attached wireless communications facility is
considered to be an accessory use to the existing principle use on a site.
(C-1) Collocation means a situation in which two or more different wireless
communication service providers place wireless communication antenna or
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antennas on a common antenna-supporting structure. The term collocation
includes combined antennas. The terms collocation and combining shall
not be applied to a situation where two or more wireless communications
service providers independently place equipment on an existing building.
(C-2) Combined antenna means an antenna or antenna array designed and
utilized to provide services for more than one carrier.
(C-3) Conical Zone means an area which extends outward from the outer edge of
the Horizontal Zone with a radius distance equivalent to five thousand two
hundred eighty (5,280) feet.
(D-1) Development Area means the area occupied by a wireless communications
facility including areas inside or under the following: an antenna-
supporting structure's framework, equipment enclosures, ancillary
structures, and access ways.
(E-1) Equipment Enclosure means any structure above the base flood elevation
including: cabinets, shelters (pre-fabricated or otherwise), pedestals, and
other similar structures. Equipment enclosures are used exclusively to
contain radio or other equipment necessary for the transmission or
reception of wireless communication signals not for the storage of
equipment nor as habitable space.
(F-1) FAA means the Federal Aviation Administration.
(F-2) FCC means the Federal Communications Commission.
(G-1) Guyed means a style of antenna-supporting structure consisting of a single
truss assembly composed of sections with bracing incorporated. The
sections are attached to each other, and the assembly is attached to a
foundation and supported by a series of guy wires which are connected to
anchors placed in the ground or on a building.
(G-2) Glide Path means a ratio equation used for the purposes of limiting the
overall height of vertical projections in the vicinity of private airports. The
ratio limits each foot of height for a vertical projection based upon a
horizontal distance measurement.
(H-1) Horizontal Zone means an area longitudinally centered on the perimeter of
a private airport's runway which extends outward from the edge of the
primary surface a distance equivalent to five thousand two hundred and
eighty (5,280) feet.
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(L-1) Lattice means a style of antenna-supporting structure that consists of
vertical and horizontal supports with multiple legs and cross-bracing, and
metal crossed strips or bars to support antennas.
(M-1) Monopole means a style of free-standing antenna-supporting structure
which is composed of a single shaft usually composed of two or more
hollow sections which are in turn attached to a foundation. This type of
antenna-supporting structure is designed to support itself without the use of
guy wires or other stabilization devices. These structures are mounted to a
foundation which rests on or in the ground or on a building's roof.
(P-J) Personal Wireless Service means commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services,
as defined in the Telecommunications Act of 1996.
(P-2) Primary Surface means the area extending a distance of fifty (50) feet to
both sides of the centerline of a private airport's runway, and running the
distance of the runway.
(P-3) Public Antenna-Supporting Structure means an antenna-supporting
structure, appurtenances, equipment enclosures, and all associated ancillary
structures used by a public body or public utility for the purposes of
transmission and/or reception of wireless communication signals associated
with but not limited to: public education, parks and recreation, fire and
police protection, public works, and general government.
(R-1) Radio Frequency Emissions means any electromagnetic radiation or other
communications signal emitted from an antenna or antenna-related
equipment on the ground, antenna-supporting structure, building, or other
vertical projection.
(R-2) Replacement means the construction of a new antenna-supporting structure
built to replace an existing antenna-supporting structure.
(8-1) Satellite Earth Station means a single or group of satellite parabolic (or
dish) antennas. These dishes are mounted to a supporting device which
may be a pole or truss assembly attached to a foundation in the ground, or
in some other configuration. A satellite earth station may include the
associated separate equipment enclosures necessary for the transmission or
reception of wireless communications signals with satellites.
(8-2) Stealth Wireless Communications Facility means a wireless communications
facility, ancillary structure, or equipment enclosure that is not readily
identifiable as such, and is designed to be aesthetically compatible with
existing and proposed uses on a site. A stealth facility may have a
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DRAFT #4 Wireless Communications Facilities Ordinance, as Amended
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secondary function, including, but not limited to the following: church
steeple, bell tower, spire, clock tower, cupola, light standard, flagpole with
a flag, etc.).
(W-1) Wireless Communications means any personal wireless service, which
includes but is not limited to, cellular, personal communication services
(PCS), specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), and paging. Wireless Communications also includes radio and
television broadcast services and other radio frequency signals, including
those transmitted or received by a satellite earth station.
(W-2) Wireless Communication Facility (WCF) means any staffed or unstaffed
facility for the transmission and/or reception of radio frequency signals, or
other wireless communications, and usually consisting of an antenna or
group of antennas, transmission cables, and equipment enclosures, and
may include an antenna-supporting structure. The following developments
shall be considered as a Wireless Communication Facility: developments
containing new or existing antenna-supporting structures, public antenna-
supporting structures, replacement antenna-supporting structures,
collocations on existing antenna-supporting structures, attached wireless
communications facilities, stealth wireless communication facilities, and
satellite earth stations.
Sec. 9.5-434.3. Applicability.
(a) Except as provided for in subsection (b) below, this division shall apply to
development activities including installation, construction, or modification to
the following wireless communications facilities:
(1) Existing antenna-supporting structures; and
(2) Proposed antenna-supporting structures; and
(3) Public antenna-supporting structures; and
(4) Replacement of existing antenna-supporting structures; and
(5) Collocation on existing antenna-supporting structures; and
(6) Attached wireless communications facilities; and
(7) Stealth wireless communications facilities; and
(8) Satellite earth stations; and
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(9) Non-commercial amateur, ham radio, or citizen's band antenna-
supporting structures with heights greater than seventy (70) feet.
(b) The following items are exempt from the provisions of this division,
notwithstanding the provisions contained in Chapter 6 of the Monroe County
Code:
(1) Amateur radio antennas as provided in Florida Statutes 125.561; and
(2) Satellite earth stations that are one (1) meter or less in diameter and
which are not greater than thirty-five (35) feet above grade.; and
(3) Satellite earth stations that are two meters or less in diameter and that
are located or proposed to be located in the following land use
districts: I, MI, SC, and UC; and
(4) Regular maintenance of any existing wireless communications facility
that does not include the placement of a new wireless communications
facility; and
(5) The substitution or change of existing antennas or other equipment on
an existing antenna-supporting structure provided the substituted
antennas or equipment do not diminish the structural capacity of the
antenna-supporting structure, and provided such change does not
increase the overall height of the structure; and
(6) Any existing or proposed antenna-supporting structure with an overall
height of seventy (70) feet or less above ground level; and
(7) A wireless communications facility, upon the declaration of a state of
emergency by federal, state, or local government, and a written
determination of public necessity for the facility by the Director of
Public Safety; except that such facility must comply with all federal
and state requirements. No wireless communications facility shall be
exempt from the provisions of this division beyond the duration of the
state of emergency.
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Sec. 9.5-434.4. Uses by Land Use District.
(a) Pursuant to Sections 9.5-232 through 9.5-255, and except as provided in
subsection (b) below, no wireless communications facility shall be permitted
in a particular land use district except in accordance with the table below.
Replacement of
New Existing
Antenna Antenna
Land Use Supporting Supporting Attached Stealth Satellite Earth
IDistrict Structure Structure Co-Location Facility Facility Station
lAD Prohibited Minor As-of-Right Minor Minor As-of-Right
k:D Prohibited Prohibited As-of-Right Prohibited Prohibited Minor 3
k:FA Major As-of-Right As-of-Right Minor Minor Minor 3
CFSD1 Prohibited Prohibited As-of-Right Prohibited Prohibited Minor 3
tFS02 Major As-of-Right As-of-Right As-of-Right Minor Minor 3
CFV Prohibited Minor As-of-Right Minor Minor Minor 3
DR Major As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
I Minor As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
IS Prohibited Prohibited As-of-Right Prohibited Major Minor3
IMF Major As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
MI Minor As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
MN Prohibited Prohibited As-of-Right Prohibited Prohibited Minor 3
MU Major As-of-Right As-of-Right As-of-Right As-of-Right Minor 3
INA Prohibited As-of-Right As-of-Right Minor Minor Minor 3
OS Prohibited Prohibited As-of-Right Prohibited Prohibited Minor 3
PR Prohibited Minor As-of-Right As-of-Right Minor As-of-Right
RV Prohibited Minor As-of-Right Minor Minor Minor 3
SC Major As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
SR Prohibited Minor As-of-Right Prohibited Minor Minor 3
SR-L Prohibited Minor As-of-Right Prohibited Minor Minor 3
SS Prohibited Prohibited As-of-Right Prohibited Minor Minor 3
UC Major As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
UR Prohibited Minor As-of-Right As-of-Right Minor Minor 3
URM Prohibited Minor As-of-Right Prohibited Minor Minor 3
URM-L Prohibited Minor As-of-Right Prohibited Minor Minor 3
I Includes the following Commercial Fishing Special Districts: 1,28,9, 10, II, 12, 13, 14, 15, 16, 18, 19 & 20
Includes the following Commercial Fishing Special Districts: 3.4. 5, 6, 7 & 17
] Satellite earth stations proposed in this land use district that are less than 2.0 meters in diameter shall be allowed as-of-right.
(b) Within the following districts, new antenna-supporting structures may be
permitted as a major conditional use, provided that the antenna-supporting
structure is owned by Monroe County and is used exclusively for non-
proprietary public safety communications: CD, MN, OS, and PRo
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Sec. 9.5-434.5. Development Standards.
These standards shall apply to the following types of wireless communications facilities:
(a) New Antenna Supporting Structures.
(I) 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 Section 9.5-345;
and
2. Any new antenna-supporting structures, equipment
enclosures and ancillary structures shall meet the
minimum setback requirements for the land use district
where they are located pursuant to Section 9.5-281; and
3. New antenna-supporting structures constructed on a
property or properties which is/are contiguous to the IS,
SR, UR or URM zones shall be set back from these
zones a distance equal to thirty (30) percent the overall
height of the antenna-supporting structure; and
4. New antenna-supporting structures shall be set back
from the right-of-way of U.S. Highway 1 a distance
equal to thirty (30) percent of the overall height of the
antenna-supporting structure.
b. Height.
The overall height of any antenna-supporting structure shall
not be greater than one-hundred and ninety-nine (l99) feet.
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.
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d. Structural Integrity.
1. The entire antenna-supporting structure and all
appurtenances shall be designed pursuant to the wind
speed design requirements of ASCE 7-95, including
any subsequent modification to those specifications;
and
2. The 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 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.
e. Lighting.
l. At the discretion of the Planning Director, any new
antenna-supporting structure which is one hundred
(100) feet tall or taller, but not required by the FAA to
provide aircraft obstruction lighting, shall provide the
following:
(i) A white flashing strobe situated at the top of
the antenna-supporting structure with
illumination values meeting but not exceeding
the minimum required by federal, state, or local
authority; and
(ii) A red flashing strobe situated at the top of the
antenna-supporting structure with illumination
values meeting but not exceeding the minimum
required by federal, state, or local authority; and
2. Any lighting placed on an antenna-supporting structure
shall be completed in accordance with the provisions of
Section 9.5-394 of the Land Development Regulations
and Section 13-63 of the Monroe County Code.
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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.
(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.
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DRAFT #4 Wireless Communications Facilities Ordinance, as Amended
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h. Radio Frequency Emissions.
The radio frequency emissions shall comply with FCC
standards for such emissions.
1. 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 district and/or
habitat where they are located:
(i) The area beneath all equipment enclosures; plus
(ii) The area of the antenna-supporting structure
foundation at or above grade; plus
(iii) The area beneath ancillary structures, excluding
that which is beneath guy wires (if applicable);
plus
(iv) The area inside the antenna-supporting structure
framework.
J. Security.
Fencing, in accordance with Section 9.5-309, and/or anti-
climbing 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 9.5-379 shall be required around the development
area.
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1. Signage.
The only signage that is permitted upon an antenna-
supporting structure, equipment enclosures, 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 9.5-252, the overall
height of a new antenna-supporting structure located in the
vicinity of a private airport shall be limited by the
following:
(i) A 35:1 glide path ratio in the Horizontal Zone
limiting the heights of new antenna-supporting
structures to one hundred fifty (150) feet within
one (1) statutory mile (5,280 feet) from the edge
of the private airport primary surface; and
(ii) A 12: 1 glide path ratio in the Conical Zone
limiting the heights of new antenna-supporting
structures to six hundred (600) feet within one
(1) 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 9.5-65 (b)
and (c). 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.
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2. The following attributes shall be considered from
vantage points within three (3) miles of the base of the
proposed antenna-supporting structure:
(i) Height; and
(ii) Mass and scale; and
(iii) Materials and color; and
(iv) Illumination.
(2) Submittal requirements for new antenna-supporting structure
applications:
a. A completed application form and any appropriate fees; and
b. Three (3) sets of signed and sealed site plans; and
c. A property card for the subject property from the Monroe
County Property Appraiser's Office or a tax bill showing the
ownership of the subject parcel; and
d. A form indicating that a property and/or antenna-supporting
structure's owner's agent has authorization to act upon their
behalf (if applicable); and
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; and
f. Proof of an FCC license or construction permit to transmit
radio signals in Monroe County; and
g. A stamped or sealed structural analysis of the proposed
antenna-supporting structure prepared by a licensed Florida
engineer indicating the proposed and future loading capacity of
the antenna-supporting structure; and
h. One original and two (2) copies of a survey of the property
completed by a licensed Florida engineer which shows all
existing uses, structures, and improvements; and
1. Three (3) copies of a vegetation surveyor Habitat Evaluation
Index (HEI); and
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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; and
k. Proof of FAA compliance with Subpart C of the Federal
Aviation Regulations Part 77, Objects Affecting Navigable
Airspace; and
1. A signed statement from the antenna-supporting structure
owner agreeing to allow the collocation of other wireless
equipment on the proposed antenna-supporting structure; and
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) 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 (via certified mail) to
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all interested parties, including other wireless service providers
licensed to provide service within Monroe County as indicated on the
list of wireless service providers and interested parties provided by the
Monroe County Planning 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
Department in a pre-application conference to discuss the location of
a free-standing 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 Department if you have any desire for placing additional
wireless facilities or equipment within two (2) miles of our proposed
facility. Please provide us with this information within ten (10)
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.
(1) Approval criteria for replacement antenna-supporting structures
a. For a proposed replacement antenna-supporting structure to be
approved, it shall meet the same approval criteria d., e., g.
through j. and 1. as indicated in Section 9.5-434.5(a) (1), as
well as the following:
b. Setbacks.
1. Any new equipment enclosures shall meet the
minimum setback requirements for the land use district
where they are located pursuant to Section 9.5-281; and
2. Replacement antenna-supporting structure foundations
(excluding guy wire anchors) constructed on a property
or properties which is/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; and
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3. Replacement antenna-supporting structures and the
associated ancillary structures shall meet the
environmental design criteria related to wetland
setbacks pursuant to Section 9.5-345 to the maximum
extent practicable.
c. Height.
1. Except as provided in subsection 2. below, replacement
antenna-supporting structures shall not exceed the
height requirements set forth in g9.5-434.5(a)(1)b. or
the height of the antenna-supporting structure it is
replacing, whichever is less.
2. In the following land use districts, replacement antenna-
supporting structures shall not exceed the height
requirements set forth in g9.5-434.5(a)(1)b. or the
height of the antenna-supporting structure it is
replacing, whichever is greater: CF A, DR, I, MF, MI,
MU, NA, SC, UC, and CFS Districts 3, 4, 5, 6, 7, and
17.
d. Construction.
Subject to the height provisions above:
1. Replacement antenna-supporting structures with an
overall height of one-hundred and ninety-nine (199)
feet or less shall have a monopole type construction;
except that AM broadcast replacement facilities may be
of the same construction type as the structure being
replaced.
2. Replacement antenna-supporting structures with an
overall height of greater than one-hundred and ninety-
nine (l99) feet, may be of the same construction type as
the structure being replaced.
e. 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 9.5-379 shall be required around the development
area to the maximum extent practicable.
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(2) Submittal requirements for replacement antenna-supporting structure
applications:
a. For a proposed replacement antenna-supporting structure
application to be considered complete pursuant to Section 9.5-
44, it shall contain the same submittal materials required as
indicated in Section 9.5-434.5(a)(2) a. through i., k., l. and n.
(c) Collocations on an Existing Antenna-Supporting Structure.
(1) Approval criteria for collocations on existing antenna-supporting
structures:
a. For a collocation on an existing antenna-supporting structure to
be approved, it shall meet with approval criteria i., j. and 1. as
indicated in Section 9.5-434.5 (a) (1), as well as the following:
b. Height.
A collocation on an existing antenna-supporting structure
shall not increase the overall height of the antenna-
supporting structure beyond that allowed under Section 9.5-
434.5(a)(1 )b.
c. 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 7-95, including any
subsequent modification to those specifications.
d. Setbacks.
New equipment enclosures placed at an eXIstmg legally
non-conforming wireless communications facility (with
respect to wetland setbacks) shall be required to meet the
environmental design criteria of Section 9.5-345.
e. 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.
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(2) Submittal requirements for collocation on an existing antenna-
supporting structure applications:
a. For a collocation on an existing antenna-supporting structure
application to be considered complete pursuant to Section 9.5-
44, it shall contain submittal materials a. through f. and n. as
indicated in Section 9.5-434.5 (a) (2), as well as the following:
1. A stamped or sealed structural analysis of the existing
antenna-supporting structure prepared by a licensed
Florida 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.
2. 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:
a. For a proposed attached wireless communications facility to
approved, it shall meet with the approval criteria h., i., and 1. as
indicated in Section 9.5-434.5 (a) (1), as well as the following:
b. Accessory Use.
An attached wireless communications facility shall be an
accessory use as defined by Section 9.5-4 in the Land
Development Regulations; and
c. Height.
1. The antenna, antenna array, attachment device,
equipment enclosure and/or any ancillary equipment
shall not extend above the ground by more than seventy
(70) feet; and
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2. Existing or proposed attached wireless communications
facilities which project more than seventy (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 Section 9.5-434.5 (a);
and
d. Construction.
Attached facilities may have a guyed, lattice, or monopole
type construction, but in no case shall a lattice type
construction exceed a height often (10) feet from the base
of the attached facility; and
e. 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; and
f. 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; and
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
applications:
a. For a proposed attached wireless communication facility
application to be considered complete pursuant to Section 9.5-
44, it shall contain submittal materials a. through f., h. and n. as
indicated in Section9.5-434.5(a)(2).
(e) Stealth Wireless Communications Facilities.
(1) Approval criteria for stealth wireless communications facilities:
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a. Setbacks.
1. Stealth facilities shall meet the environmental design
criteria related to wetland setbacks pursuant to Section
9.5-345; and
2. Stealth facilities shall meet the minimum setback
requirements for the land use district where they are
located pursuant to Section 9.5-281.
b. Height.
Stealth wireless communications facilities shall not exceed
one hundred (100) feet in overall height.
c. Construction.
No stealth wireless communications facility shall be guyed
or have lattice type construction.
d. Accessory Use.
A stealth facility shall be an accessory use as defined by
section 9.5-4 in the Land Development Regulations.
e. Structural Integrity.
The stealth facility shall be designed pursuant to the wind
speed design requirements of ASCE 7-95, including any
subsequent modification to those specifications.
f. 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 which is readily identifiable from the public
domain as wireless communications equipment.
(2) Submittal requirements for stealth wireless communications facilities:
a. Fora proposed stealth wireless communications facility
application to be considered complete pursuant to Section 9.5-
44, it shall contain submittal materials a. through i. and n.,
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indicated in Section 9.5-434.5(a)(2). 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.
(I) Satellite Earth Stations.
(l) Approval criteria for satellite earth stations:
a. In order to advance the health, safety, and aesthetic objectives
of this division, and in order to protect the residential character
of certain land use districts, the following restrictions shall
apply:
1. A proposed satellite earth station less than two meters
in diameter shall conform with approval criteria a. and
l. as indicated in Section 9.5-434.5 (a) (1).
2. A proposed satellite earth station greater than or equal
to two (2) meters in diameter, shall conform with
approval criteria a., j., and l. as indicated in Section 9.5-
434.5 (a) (1).
3. Height.
The maximum height for any portion of a satellite
earth station shall not exceed thirty-five (35) feet.
4. Landscaping.
For a proposed satellite earth station that is greater
than or equal to two (2) meters in diameter, a Class
A buffer shall be provided, in accordance with
Section 9.5-379, between the proposed facility and
any adjacent residential uses and the public right of
way.
5. Placement.
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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.
6. Accessory Use.
A satellite earth station shall be approved only as an
accessory use as defined by Section 9.5-4 in the
Land Development Regulations.
(2) Submittal requirements for satellite earth station applications:
a. For a proposed satellite earth station less than two (2) meters in
diameter, the applicant shall submit materials required by a.
through f. and n. as indicated in Section 9.5-434.5 (a) (2).
b. For a proposed satellite earth station greater than or equal to
two (2) meters in diameter, the applicant shall submit materials
required by a. through f, i., m., and n. as indicated in Section
9.5-434.5(a)(2).
(3) Limited waiver of requirements.
a. The Planning Director may waive the requirements of Section
9.5-434.5(f) where an applicant for a satellite earth station
demonstrates that compliance with these provisions will:
l. materially limit transmission or reception by the
proposed satellite earth station; or
2. impose more than minimal costs on users ofthe 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 Section 9.5-434.5(f), may consider the
following:
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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
man-made and natural; and
3. the effect of a waiver on the public safety.
Sec. 9.5-434.6. Expert Review.
(a) Where due to the complexity of the methodology or analysis required to
review an application for a wireless communication facility, the Planning
Director may require a technical review by a third party expert, the costs of
which shall be borne by the applicant. Third party review is required as part
of the review for any variance application submitted pursuant to section 9.5-
434.7.
(b) The expert review may address any or all of the following:
(l) The accuracy and completeness of submissions;
(2) The applicability of analysis techniques and methodologies;
(3) The validity of conclusions reached;
(4) Whether the proposed wireless communications facility complies with
the applicable approval criteria set forth in this division; and
(5) Other matters deemed by the Planning Director to be relevant to
determining whether a proposed wireless communications facility
complies with the provisions ofthis division.
(c) Based on the results of the expert review, the Planning Director may require
changes to the applicant's application or submittals.
(d) The applicant shall reimburse the County within five (5) working days of the
date of receipt of an invoice for expenses associated with the third party
expert's review of the application. Failure by the applicant to make
reimbursement pursuant to this section shall abate the pending application
until paid in full.
Sec. 9.5-434.7. Variance.
(a) Applicability.
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This section shall not apply to applications for satellite earth stations.
(b) Review criteria and expedited procedure.
Except as provided in subsection (a) above, the planning commission may
grant variances from the minimum height requirements set forth in this
division. The planning commission, in granting or denying such a
variance, shall consider whether the following conditions have been met:
1. A determination that the granting of the variance will not result in
additional public expenses that would not otherwise occur; create a
nuisance; or cause fraud or victimization of the public;
2. A determination that the variance sought is the minimum necessary to
address the need for the variance, subsequent to exploring all
reasonable siting alternatives;
3. A determination that granting of the variance will not have a
significant detrimental impact on adjacent property values; and
4. A determination that granting of the proposed variance is consistent
with the purpose and intent of division 16.
(c) The planning commission, in determining whether the conditions for a
variance have been met, shall consider the following factors relevant:
1. Whether failure to grant the variance would prohibit or have the effect
of prohibiting the provision of personal wireless services;
2. Whether failure to grant the variance would unreasonably discriminate
among providers of functionally equivalent personal wireless services;
3. Physical characteristics of the proposed wireless communications
facility for which the variance is requested;
4. The importance to the community of the wireless communication
services to be provided if the proposed variance is granted;
5. The compatibility ofthe proposed variance with adjacent land uses and
the availability of alternative sites and technologies in light of existing
and permitted development in area;
6. Whether granting of the proposed variance will obviate the need for
additional new antenna-supporting structures due to increased co-
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DRAFT #4 Wireless Communications Facilities Ordinance, as Amended
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location opportunities that would not be possible if the variance were
not granted; and
7. Whether granting of the proposed variance is necessary to ensure
adequate public safety and emergency management communications.
(d) Unless provided simultaneously as part of an application for a wireless
communications facility, any application for a variance from the height
requirements set forth in this division shall include the submittal
requirements set forth in section 9.5 434.5(a)(2) and any other materials or
documentation required to demonstrate the applicability of the provisions
of this section.
(e) All applications for a variance to the height requirements of this division
shall be subject to third party expert review as set forth in section 9.5-
434.6, with all associated costs to be borne by the applicant. The third
party expert shall analyze all required submittal materials to determine
whether the criteria set forth in subsections (b) and (c) above have been
met.
(f) No variance granted pursuant to this section shall be granted to allow an
overall height of greater than three hundred and thirty (330) feet.
(g) The planning commission may allow either lattice or guyed type
construction, where the applicant demonstrates that monopole construction
is not feasible at the height allowed by an approved variance.
(h) Variances under this section shall be processed concurrently with an
application for wireless communications facilities as provided for in this
division.
Sec. 9.5-434.8. Abandonment.
(a) In the event all legally approved use of any wireless communications facility
has been discontinued for a period of six (6) months, the facility shall be
deemed to be abandoned. Determination of the date of abandonment shall be
made the Planning Director who shall have the right to request documentation
and/or affidavits from the facility owner regarding the issue of wireless
communications facility usage, including evidence that use of the wireless
communications facility is imminent.
(b) At such time as the Planning Director reasonably determines that a wireless
communications facility is abandoned, the Planning Director shall provide the
facility owner with written notice of an abandonment determination by
certified mail. Failure or refusal by the owner to respond within sixty (60)
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days of receipt of such notice, shall constitute prima facie evidence that the
wireless communications facility has been abandoned.
(c) If the owner of the wireless communications facility fails to respond or fails to
demonstrate that the wireless communications facility is not abandoned, the
facility shall be considered abandoned and the owner of the facility shall have
an additional one hundred twenty (120) days within which to: (i) reactivate the
use of the wireless communications facility or transfer the wireless
communications facility to another owner who makes actual use of the facility
within the one-hundred-twenty-day period, or (ii) dismantle and remove the
wireless communications facility.
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DRAFT #4 Wireless Communications Facilities Ordinance, as Amended
Monroe County, Florida
DIVISION 16. WIRELESS COMMUNICATIONS FACILITIES
Sec. 9.5-434.1. Purpose and Intent.
The purpose and intent of this division is to:
(a) Promote the health, safety and general welfare of the public by regulating the
siting of wireless communication facilities, including satellite earth stations;
and
(b) Minimize the impacts of wireless communication facilities on surrounding
areas by establishing standards for location, structural integrity and
compatibility; and
(c) Encourage the location and collocation of wireless communication equipment
on existing structures thereby minimizing new visual, aesthetic and public
safety impacts, effects upon the natural environment and wildlife, and to
reduce the need for additional antenna-supporting structures; and
(d) Accommodate the growing need and demand for wireless communication
services; and
(e) Encourage coordination between suppliers of wireless communication services
in Monroe County; and
(f) Protect the character, scale, stability, and aesthetic quality of the residential
districts of the County by imposing certain reasonable restrictions on the
placement of certain satellite earth stations; and
(g) Respond to the policies embodied in the Telecommunications Act of 1996 in
such a manner as not to unreasonably discriminate between providers of
functionally equivalent personal wireless service or to prohibit or have the
effect of prohibiting personal wireless service in the County, and
(h) Establish predictable and balanced regulations governing the construction and
location of wireless communications facilities, within the confines of
permissible local regulation, and
(i) Establish review procedures to ensure that applications for wireless
communications facilities are reviewed and acted upon within a reasonable
period oftime.
Freilich, Leitner & Carlisle
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
Sec. 9.5-232. Urban Commercial District (UC).
(a) As of right uses:
(10) Collocations on existing antenn~supporting structures, pursuant to
article VII, division 16, section 9.5 414.4 (~) 9.5-434.5 (c) "Collocations on
. . ."
an eXIstmg antenna-supportmg structure.
(11) Attached wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 95 414 4 (d) 9.5-434.5 (d) "Attached
wireless communications facilities."
(12) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 9.S 414 4 (s) 9.5-434.5 (b) "Replacement of
an existing antenna-supporting structure."
(13) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9 .5-434.5 (e) "Stealth wireless
communications facilities."
(14) Satellite earth stations, as accessory uses, pursuant to article VII,
division 16, section 9.5-434.5 (t) "Satellite earth stations."
(b) Minor conditional uses:
(7) ~tultR '\'ir~lIm; ~9IRlRl,lR.i~:iti9R.E f~iliti~E, :u; ~~~~~~gIJ' Y~~E, ~lM"EYW tg
mid~ VII, di-\'iEi9R. 19, ~~~tigR 9.5 <134.4 (~) "~t~~ltR '\'ir:~I~~E
~9m.m.YR.i~atigR~ f~~iliti~E."
(i) ~at~llit~ ~artR EtatigR~, Fyrnlam tg :irtid~ '/11, ei'.'iEigR 1 9, E~~tigR 95 41<1 4
(t) "~at~llit~ ~:irtR ~tatigR.E."
(c) Major conditional uses:
(7) New antenna-supporting structures, pursuant to article VII, division 16,
section 9.S <U4.4 (:i) 9.5-434.5 (a) "New antenna-supporting structures."
Sec. 9.5-233. Urban Residential District (UR).
(a) As of right uses:
(6) Attached wireless communications facilities, as accessory uses, pursuant to
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
article VII,. division 16, section 95 41<1 4 (d) 9.5-434.5 (d) "Attached
wireless communications facilities."
(7) Collocations on existing antenna-supporting structures, pursuant to article VII,
division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(8) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII, division l6, section 9.5-434.5 (f) "Satellite earth
stations. "
(b) Minor conditional uses:
(4) Replacement of an existing antenna-supporting structure pursuant to article
VII, division 16, section 9.5-434.5 (b) "Replacement of an existing antenna-
supporting structure."
(5) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9 .5-434.5 (e) "Stealth wireless
communications facilities."
(6) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(c) Major conditional uses:
(J) ~t~altR. mirili~~ ~QRlHnlRk:RiQRE fa~ilitiiE, aE a~~iEE9r:,' YEiE, ~Yr~Y~t t9
:R1idi VII, giyiEi9R 19, EiGtiQR 95 414 A( d) "~tialtR. 'viriliEE
c9mmYRi~atiQR~ b~ilitiiE."
Sec. 9.5-234. Urban Residential Mobile Home District (URM).
(a) As of right uses:
(7) Collocations on existing antenna-supporting structures, pursuant to article VII,
division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(8) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII, division l6, section 9.5-434.5 (f) "Satellite earth
stations. "
(b) The following are permitted as minor conditional uses in the Urban
Residential Mobile Home District (URM), subject to the standards and
procedures set forth in article III, division 3:
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
(1) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 9.5-434.5 (b) "Replacement of an existing
. "
antenna-supporting structure.
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(3) Satellite earth stations greater than or equal to two (2) meters in diameter,
as accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(b) TQ~ fgIl9'.\'iRg y~~~ ~~ fl~rmitt~g a~ maj9r ~gRgitigRal y~~~ iR tR~ LTrbm
F~~gig~atial M9bil~ HglR~ Di~tri~t, g\,lbj~~t tg tR~ ~taRg~dg ~d flrg~~dYr~~ ~et
f9rtR iR :mid~ III, Qi"i~igR J:
~~ The following uses are permitted as major conditional uses in the Urban
Residential Mobile Home District, subject to the standards and procedures set
forth in article III, division 3:
(4) ~te:dtR n.rir~leg~ ~9RYR'1RkatigR~ Ri~iliti~~, :u; a~~~Sggr:' y~~~, Jmrmmt tg
:mid~ VII, di"isi9R 1~, g~~ti9R 95 4J4.4 (~) "~t~:iltR '\'irel~~~
~9IR1Rlillkatigll~ fa~ilitieg."
Sec. 9.5-235. Sub Urban Commercial District (SC):
(a) As of right uses:
(10) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.S 4J4.4 (~) 9.5-434.5 (c) "Collocations
on an existing antenna-supporting structure."
(ll) Attached wireless communications facilities, as accessory uses, pursuant
to article VII, division l6, section 95 4J4.4 (Q) 9.5-434.5 (d) "Attached
wireless communications facilities."
(12) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, ~~~ti9R 4J4.4 (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(13) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
3
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
(14) Satellite earth stations, as accessory uses, pursuant to article VII,
division 16, section 9.5-434.5 (f) "Satellite earth stations."
(b) Minor conditional uses:
(9) ~t~:dt1l mir~l~~~ ~9mHnmi~atigR~ ~iliti~~, aE 4~~~~~gl")' YE~~, pY{~Yant t9
:Htid~ VII, di"igi9R 16, ~~~ti9R 95 4]4.4 (~) "~t~~ltR '\'ir~l~~~
~9HU:RYR.i~ati9R~ f:i~iliti~E "
(1 Q) ~at~llit~ ~:HtR gtati9RE, pYf~Yaat t9 :Htidi VII, di,..igi9R 16, Ei~ti9R 9.S <1]4 <I
(f) "~at~llit~ imR Etati9RE."
(c) Major conditional uses:
(8) New antenna-supporting structures, pursuant to article VII, division 16,
section 95 4]4.4 (4) 9.5-434.5(a) "New antenna supporting structures."
Sec. 9.5-235.1. Urban Mobile Home - Limited District (URM-L).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures, pursuant to Article
VII, Division 16, Section 9.5-434.5 (c) "Collocations of an Existing
Antenna-Supporting Structure."
(7) Satellite earth stations less than two (2) meters in diameter, as accessory
uses, pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite
earth stations."
(b) The following uses are permitted as minor conditional uses in the Urban Mobile
Home - Limited District (URM-L), subject to the standards and procedures set forth
in article III, division 3:
(l) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 9 .5-434.5 (b) "Replacement of an existing
antenna-supporting structure."
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9 .5-434.5 (e) "Stealth wireless
communications facilities."
(3) Satellite earth stations greater than or equal to two (2) meters in diameter,
4
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
as accesso uses, ursuant to article VII, division 16, section 9.5-434.5
"Satellite earth stations."
(~) The following uses are permitted as major conditional uses in the URM-L district
- subject to the standards and procedures set forth in article VII, division 4:
'.
P) 5lt~alt1:l. mir~l~~~ ~glmlUlRi~atigR~ u~iliti~~, ~~ a~~~~~g~' y~~~, }?urgy;mt tg
artid~ "II, Gli'.'i~iQR l~, i;~~tigR 9 ~ 4J4.4 (~) "~t~altR. mir~l~~~
~gIRIRYRi~atigR~ fa~iliti~~."
Sec. 9.5-236 - Sub Urban Residential District (SR)
(a) As of right uses:
(7) Collocations on existing antenna-supporting structures, pursuant to article
VII, division l6, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure. "
(8) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite earth
stations. "
(b) Minor conditional uses:
(8) Replacement of an existing antenna-supporting structure pursuant to article
VII, division 16, section 9.5-434.5 (b) "Replacement of an existing antenna-
supporting structure."
(9) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(10) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(c) Major conditional uses:
(~) ~t~~1tR. 'vir~l~g~ ~gmmYRkatiQR~ f~~iliti~~, rig ~~~~~ggl")' yg~g, }?yn;ymt tg
artid~ VII, GliFigiQR 1~, g~~tigR 9.~ 4J4.4(~) "S;t~~lt1:l. '\'ir~l~~~
~QmmYRi~atigRg h~iliti~g."
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
Sec. 9.5-237. Sub Urban Residential District (Limited) (SR-L).
(a) As of right uses:
(7) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
. "
supportmg structure.
(8) Satellite earth stations less than two (2) meters in diameter, as accessory
uses, pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite earth
stations."
(b) The following uses are permitted as minor conditional uses in the Sub Urban
Residential District (Limited) (SR-L):
(1) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 9 .5-434.5 (b) "Replacement of an existing
antenna-supporting structure."
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9 .5-434.5 (e) "Stealth wireless
communications facilities."
(3) Satellite earth stations greater than or equal to two (2) meters in diameter,
as accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(9) TR~ wllgmiRg yg~g ~~ F~1lRitt~Q ag m~j9r c9Rgiti9R.~1 Ug~g iR t.R.~ ~yb LTrb~
R~gig~R.tial (l.imit~Q) Digtrict, gy1;}j~ct t9 tR~ gtaRQa,rgg aag Fr9(;;~gYr~g g~t f9rtR iR artid~
III, gi"HiEi9R. J.
(1) ~t~:iltR ')'ir~l~gg c9:mmYRkatigRg faciliti~g, ag ~(;;C~Eg9~' l.lg~g, F'lrgyaBt tg
artid~ '\'11, Qi"igi9R 1~, g~Cti9R 9.5 <1:3<1 <1 (~) "~t~alt.R. v.Tir~l~gg
cgmm.l.lRic~tigR.g faciliti~g."
Sec. 9.5-238. Sparsely Settled Residential District (SS).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(7) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII, division l6, section 9.5-434.5 (f) "Satellite earth
6
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Pennitted Uses
Monroe County, Florida
. "
statIons.
(b) Minor conditional uses:
(5) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(6) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(c) Major conditional uses:
(~) 5ltealt1:l "'ireleEE ~Qmm.l.Yli~atiQRE f:l~ilitieE, aE a~~eEEQr:.' 'IEeE, pYrE\.lAAt tQ
artide VII, di"iEiQR 1~, Ee~tiQR 9.} 4J4.4 (e) "51tealt1:l 'virelegE
~QmmYRi~:itiQRg fa~ilitieE "
Sec. 9.5-239. Native Area District (NA).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9.} 4J4.4 (~) 9.5-434.5 (c) "Collocations
on an existing antenna-supporting structure."
(7) Replacement of an existing antenna-supporting structure pursuant to article
VII, division 16, ge~tiQR 4 J4. 4 (b) 434.5 (b) "Replacement of an existing
antenna-supporting structure."
(8) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII, division l6, section 9.5-434.5 (f) "Satellite earth
stations. "
(b) Minor conditional uses:
( 4) Attached wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.} 4J4.4 (d) 9.5-434.5 (d) "Attached
wireless communications facilities."
(5) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
(6) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(c) Major conditional uses:
(5) S1at~llit~ ~artR. ~t:itigR~, FYf~yaat tg artidil "II, gi"i~igR 16, ~~~tigR 95 <1]<1.4
(f) "S1at~llitil ~artR. ~t~i9R~."
Sec. 9.5-240. Mainland Native Area District (MN).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(7) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite earth
stations. "
(b) Minor conditional uses:
(2) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
Sec. 9.5-241. Offshore Island District (OS).
(a) As of right uses:
(7) Collocations on existing antenna-supporting structures, pursuant to article
VII, division l6, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(8) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII, division l6, section 9.5-434.5 (f) "Satellite earth
stations."
(b) The following is permitted as a minor conditional use in the Offshore Island District
(OS), subject to the standards and procedures set forth in article III, division 3:
8
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
(1) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
Sec. 9.5-242. Improved Subdivision District (IS).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(7) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite earth
stations. "
(c) Minor conditional uses:
(4) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(d) Major conditional uses:
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5 <U<1 <1 (~) 9.5-434.5 (e) "Stealth wireless
communications facilities."
Sec. 9.5-243. Destination Resort District (DR).
(a) As of right:
(3) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 <1J<1,4 (~) 9.5-434.5 (c) "Collocations on
an existing antenna-supporting structure."
(4) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, g~~tigR <1J<1.<1 (9) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(5) Attached wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 <1J<1.<1 (d) 9.5-434.5 (d) "Attached
wireless communications facilities."
9
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
(6) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(7) Satellite earth stations, as accessory uses, pursuant to article VII,
division 16, section 9.5-434.5 (0 "Satellite earth stations."
(b) Minor conditional uses:
(2) ~1~:iltR mir~l~~~ ~9RYRYRi~ati9Rg f~iliti~~, a~ :i~~~~g9r:.r \l~~~, p\K~u:iat
19 :H1id~ "II, gi"i~igR 1~, g~~ti9R 9.5 <!J<1,4 (~) "~t~altR vqr~l~~~
~gIRIRYRi~:itigR~ fa~iliti~~."
(J) ~at~lli1~ ~artR gtati9R~, p\R"~Y:iRt 19 :irtid~ "II, givi~igR 1~, ~~~ti9R 9.5 <1J<1 <1
(0 "~at~llit~ ~artR ~tatigRg."
(c) Major conditional uses:
(4) New antenna-supporting structures, pursuant to article VII, division 16,
section 9.5 <1J<1.<1 (:i) 9.5-434.5(a) "New antenna supporting structures."
Sec. 9.5-244. Recreational Vehicle District (RV).
(a) As ofright uses:
(4) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(5) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (0 "Satellite earth
stations."
(b) Minor conditional uses:
(3) Replacement of an existing antenna-supporting structure pursuant to article
VII, division 16, section 9 .5-434.5 (b) "Replacement of an existing antenna-
supporting structure."
(4) Attached wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (d) "Attached wireless
communications facilities."
10
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
(5) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(6) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(c) Major conditional uses:
(J) ~t~altR '\'ir~l~g~ ~glRlRl.lRi~atigRg b~iliti~g, a~ a~~~~ggr:.' yg~~, pYr~YaRt tg
mid~ VII, gi"i~igR 1~, ~~~tigR 9.5 <1J<1.<1 (~) "~t~altR '''ir~l~~g
~gIRIRURi~atigRg :fa~iliti~g "
Sec. 9.5-245. Commercial Fishing Area District (CF A).
(d) As of right uses:
(1) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, g~~ti9R <1 J<1,4 (9) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(2) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 <1J<1.<1 (~) 9.5-434.5 (c) "Collocations on
an existing antenna-supporting structure."
(3) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (t) "Satellite earth
stations. "
(e) Minor conditional uses:
(1) Attached wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 <1J<1,4 (d) 9.5-434.5 (d) "Attached
wireless communications facilities."
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5 <1J<1.<1 (~) 9.5-434.5 (e) "Stealth wireless
communications facilities."
(J) ~at~llit~ ~mR ~tatigR8, pUHY:iRt tg :H1idi VII, di"i~igR 1~, g~~ti9R 9.5 <1J<1.<1
(t) "~at~llit~ ~artR gtatigR~ "
(3) Satellite earth stations greater than or equal to two (2) meters in diameter, as
11
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(t) Major conditional uses:
(3) New antenna-supporting structures, pursuant to article VII, division 16,
section 9 5 <1J<1 <1 (a) 9.5-434.5 (a) "New antenna-supporting structures."
Sec. 9.5-246. Commercial Fishing Village District (CFV).
(a) As of right uses:
(4) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(5) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (t) "Satellite earth
stations. "
(b) Minor conditional uses:
(2) Replacement of an existing antenna-supporting structure pursuant to article
VII, division 16, section 9 .5-434.5 (b) "Replacement of an existing antenna-
supporting structure."
(3) Attached wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (d) "Attached wireless
communications facilities."
(4) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9 .5-434.5 (e) "Stealth wireless
communications facilities."
(5) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(~) TR~ tQllgmiRg yg~g ar~ p~rm.itt~g rag maj9r ~9Rgiti9Ral '..lg~g iR tR~ CgRYR~r~ial
Fi~RiRg Vilbgi ];)i~tri~t, mgj~~t t9 tRi gtaRg~gg aRg prg~~g\lr~g ~it f9rtR iR artid~
III, gi'.'i~igR J'
(1) ~T~m aRt~nna gyppgrtiRg gtru~tYf~g, pyrm:,u=lt t9 artid~ "II, gi"iEi9R. 1 ~,
g~~tigR 9 5 <1]<1 <1 (a) "~T~m aat~nna ~yppgrtiR.g gtrY~tYr~8."
12
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
Sec. 9.5-247. Commercial Fishing Special District (CFSD).
(a) CFSD 1 (Located on Big Pine):
(1) As of right uses:
d. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
e. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(2) Minor conditional uses:
d. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(b) CFSD 2 (Located on No Name Key):
(1) As of right uses:
d. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
e. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(2) Minor conditional uses:
b. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(c) CFSD 3 (Located on Coco Plum):
(3) As of right uses:
a. Replacement of an existing antenna-supporting structure pursuant to
13
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DRAFT #2 Amendments to sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
article VII, division 16, ~~ctigR. <1]<1 <1 (9) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
b. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 <1]<1,4 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
c. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 <1]<1,4 (d) 9.5-434.5 (d)
"Attached wireless communications facilities."
d. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(4) Minor conditional use:
a. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 <1]<1,4 (~) 9.5-434.5 (e) "Stealth
wireless communications facilities."
b. ~at~llit~ ~artR 8tati9R8, a8 a~~~8~9r:.r 'lg~g, pm:~YaRt tg :u1id~ "II,
gi"igigR 1~, ~~ctigR. 9 5 <1]<1 <1 (t) "~at~llit~ ~:H1R ~tatigR.~ "
b. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(5) Major conditional use:
a. New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 <1]<1.<1 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
(d) CFSD 4 (Located on Long Key):
(1) As of right uses:
b. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, g~cti9R <1]<1.<1 (9) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
c. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 <1J<1.<1 (c) 9.5-434.5 (c)
14
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
"Collocations on an existing antenna-supporting structure."
d. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 <1]<1.<1 (II) 9.5-434.5 (d)
"Attached wireless communications facilities."
e. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(2) Minor conditional use:
a. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 <1]<1.<1(~) 9.5-434.5 (e) "Stealth
wireless communications facilities."
9. ~at~l1it~ urtR ~tatigR~, a~ a~~~~~gr:.' yg~g, purgyaRt t9 midi VII,
di"i8i9R 1~, g~ctigR. 9.5 <1 ]<1. <1 (t) "~at~lliti ~arth gtati9Rg."
b. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(3) Major conditional use:
a. New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 <1]<1.<1 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
(e) CFSD 5 (Located on Key Largo):
(1) As of right uses:
1. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, ~icti9R <1 J<1.<1 (9) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
J. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 <1]<1 <1 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
k. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 <1J<1.<1 (4) 9.5-434.5 (d)
"Attached wireless communications facilities."
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1. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(2) Minor conditional uses:
c. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 <1J<1.<1 (~) 9.5-434.5 (e) "Stealth
wireless communications facilities."
II. ~at~llit~ ~:H1R ~tatigR~, a~ a~~i~ggry y~~g, pyrgyaRt t9 midi "II,
lli'.'i~igR 1~, g~~ti9R. 9.5 <1]<1.5 (f) "~at~llit~~:u1l:l ~tatigR~."
d. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(3) Major conditional uses:
1. New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 <1]<1.<1 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
(t) CFSD 6 (Located on Boca Chica):
(1) As of right uses:
c. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, gi~tigR. <1J<1.<1 (9) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
d. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 <1]<1 <1 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
e. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 <1]<1.<1 (II) 9.5-434.5 (d)
"Attached wireless communications facilities."
f. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
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Monroe County, Florida
(2) Minor conditional uses:
c. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section ~~ <1J<1.<1 (~) 9.5-434.5 (e) "Stealth
wireless communications facilities."
II. ~at~llit~ ~:H1R ~tati9R.g, a~ aQ~~~ggry '.lgi8, pYr~YaRt tg artid~ "II,
lli"i~igR. 1~, ~~~ti9R. 9.5 <1]<1.5 (t) "~at~llit~ ~:rnR 8tatigR~."
d. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(3) Major conditional uses:
a. New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 <1J<1.<1 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
(g) CFSD 7 (Located on Boca Chica):
(1) As of right uses:
J. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, ~~~tigR <1]<1.<1 (9) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
k. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 <1]<1.<1 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
1. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 <1]<1.<1 (II) 9.5-434.5 (d)
"Attached wireless communications facilities."
m. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(2) Minor conditional uses:
c. Stealth wireless communications facilities, as accessory uses, pursuant
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Monroe County, Florida
to article VII, division 16, section 9.5 41<1 <1 (~) 9.5-434.5 (e) "Stealth
wireless communications facilities."
II. ~at~llit~ ~artR ~tatigR~, a~ a,;~~gg9~r y~~g, pYr~YaRt t9 articl~ "II,
di"i~i9R 1~, ~~~tigR 9.5 <1 ]<1.5 (f) "~at~l1it~ ~artR ~tati9Rg "
d. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(3) Major conditional uses:
b. New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 <1J<1.<1 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
(h) CFSD 8 (Located on Big Pine)
(3) As of right uses:
a. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
b. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(4) Minor conditional uses:
a. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division l6,
section 9.5-434.5 (t) "Satellite earth stations."
(i) CFSD 9 (Located near Lower Matecumbe):
(1) As of right uses:
b. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
C. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
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Monroe County, Florida
(f) "Satellite earth stations."
(2) Minor conditional uses:
a. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
U) CFSD 10 (Located on Lower Matecumbe):
(1) As of right uses:
c. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
d. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(2) Minor conditional uses:
a. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(k) CFSD 11 (Located on Upper Matecumbe):
(1) As of right uses:
c. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
d. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(2) Minor conditional uses:
a. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
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(1) CFSD 12 (Located on Big Pine):
(1) As of right uses:
d. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure. "
e. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(2) Minor conditional uses:
b. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(m) CFSD 13 (Located on Summerland Key)
(1) As of right uses:
d. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
e. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(2) Minor conditional uses:
e. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(n) CFSD 14 (Located on Marathon):
(1) As ofright uses:
d. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
e. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(2) Minor conditional uses:
d. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(0) CFSD 15 (Located on Marathon):
(1) As of right uses:
d. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
e. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(2) Minor conditional uses:
d. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(p) CFSD 16 (Located at Conch Key)
(4) As of right uses:
a. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
b. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(5) Minor conditional uses:
a. Satellite earth stations greater than or equal to two (2) meters in
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Monroe County, Florida
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(q) CFSD 17 (Located on Old Boca Chica Road):
(3) As of right uses:
a. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, E~~tigR. <1 J<1.<1 (9) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
b. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 <1 J<1 <1 (~) 9 .5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
c. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 <1J<1.<1 (II) 9.5-434.5 (d)
"Attached wireless communications facilities."
d. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(4) Minor conditional uses:
a. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 <1J<1.<1 (~) 9.5-434.5 (e) "Stealth
wireless communications facilities."
9. ~at~llit~ ~artR ~tatigR.~, a~ a~~~~g9r:.r yg~g, PWgy:iat t9 artic1~ "II,
lli'.'i~igR 1~, g~~ti9R. 9.5 <1]<1 5 (t) "~at~llit~ ~artR ~tati9R~."
b. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(5) Major conditional uses:
b. New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 <1]<1.<1 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
(r) CFSD 18 (Located on Lower Matecumbe Key) and CFSD 19 (Located on Hog Key):
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
(1) As of right uses:
h. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
1. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(t) "Satellite earth stations."
(2) Minor conditional uses:
c. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(s) CFSD 20 (Located on Little Torch Key):
(1) As of right uses:
k. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure. "
1. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(f) "Satellite earth stations."
(2) The following uses are permitted as minor conditional uses in the
Commercial Fishing Special District 20, subject to the standards and procedures
set forth in article III, division 3, section 9.5-61 et seq:
c. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(J.~) No Q:liR9r 9r major conditional uses shall be permitted.
(~)The allocated residential density and the maximum net residential density for
this district shall be one (1) single family dwelling unit per acre, OR one (1)
single family dwelling unit per parcel for those parcels existing as of the date
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Monroe County, Florida
of this section, whichever is less. In spite of Land Use Intensity section 9.5-
261, this residential density shall be allowed in addition to the nonresidential
uses permitted above, with the floor area and open space ratios to be
determined pursuant to section 9.5-269.
Sec. 9.5-248. Mixed Use District (MU).
(a) As of right uses:
(14) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, E~~tigR <1]<1.<1 (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(15) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 <1J<1.<1 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
(16) Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 <1]<1.<1 (II) 9.5-434.5
@ "Attached wireless communications facilities."
(17) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(18) Satellite earth stations less than two (2) meters in diameter, as accessory
uses, pursuant to article VII, division 16, section 9.5-434.5 (t) "Satellite
earth stations."
(b) Minor conditional uses:
(11) ~t~altR mir~l~gg ~gmmYRi~atigR8 b~iliti~g, ag a~~~~g9f)' '..l~~8,
PWg'laRt t9 mid~ '-'II, lli'.'i8i9R 1~, gictigR 9.5 <1 ]<1.<1 (~) "~t~a1tR. '\'ir~l~~~
c9mmYRkatigRg b~iliti~8."
(11) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (t)
"Satellite earth stations."
(c) Major conditional uses:
(10) New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 <1]<1.<1 (a) 9.5-434.5 (a) "New antenna-supporting structures."
24
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
~11) ~atilliti ~:H1R ~tatiQR~, P'I;~y:mt tg :il1~id~ "II, lli,rigigR 1~, ~~~ti9R. 95 <1J<1.<1
~ ~."
( "~at~l1it~ ~ar-t ~tat19Rg.
Sec. 9.5-249. Industrial District (I).
(a) As of right uses:
(10) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, g~~ti9R <1 J <1. <1 (b) 434.5 (b) "Replacement of an
. . ."
eXlstmg antenna-supportmg structure.
(11) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 <1]<1 <1 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
(12) Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 <11<1.<1 (II) 9.5-434.5
@ "Attached wireless communications facilities."
(13) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 <1]<1.<1 (~) section 9.5-434.5
(e) "Stealth wireless communications facilities."
(14) Satellite earth stations, as accessory uses, pursuant to article VII, division
16, section 9.5 <1]<1 <1 (t) 9.5-434.5 (f) "Satellite earth stations."
(b) Minor conditional uses:
(3) New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 <1J<1 <1 (a) 9.5-434.5 (a) "New antenna-supporting structures."
Sec. 9.5-250. Maritime Industries District (MI).
(a) As of right uses:
(12) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, ~~~ti9R. 4]<1.<1 (9) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(13) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 <1]<1.<1 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
(14) Attached wireless communications facilities, as accessory uses,
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Monroe County, Florida
pursuant to article VII, division 16, section ~j 4J4,4 (II) 9.5-434.5
@ "Attached wireless communications facilities."
(15) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section ~.~ <1]<1.<1 (~) section 9.5-434.5
( e) "Stealth wireless communications facilities."
(16) Satellite earth stations, as accessory uses, pursuant to article VII, division
16, section 9.5 <1]<1 <1 (t) 9.5-434.5 (t) "Satellite earth stations."
(b) Minor conditional uses:
(3) New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 <1]<1 <1 (a) 9.5-434.5 (a) "New antenna-supporting structures."
Sec. 9.5-251. Military Facilities District (MF).
(a) As ofright uses:
(10) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, g~cti9R. <1]<1.<1 (9) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(11) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 <1]<1 <1 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
(12) Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 <1]<1.<1 (II) 9.5-434.5
@ "Attached wireless communications facilities."
(13) Satellite earth stations, as accessory uses, pursuant to article VII, division
16, section 9.5 <1]<1 <1 (f) 9.5-434.5 (t) "Satellite earth stations."
(14) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(9) TR~ tQ1l9miRg y~~g ar~ pirm.itt~1l ag miR9f ~9R.lliti9Ral yg~g iR tR~ Hilitar~' Faciliti~g
Di~tTi~t, gybj~ct t9 tRi gtaRll~ll~ aRll pr9~iIlYr~g g~t f9rtR iR artid~ II, lliyi~i9R ].
(1) ~t~~ltR mir~l~g~ ~9mmYR.i~:Ri9R.g bdliti~g, a~ a~~~gg9r:.' yg~E,
FHUgy:mt t9 artid@ "II, divigi9R 1~, g~~ti9R. 9.5 <13<1.<1 (~) "~t~:iltR '"ir~l~Eg
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
~9~mYRi~ati9Rg fa:~iliti~~ "
~ {Q2 The following uses are permitted as major conditional uses in the Military
Facilities District, subject to the standards and procedures set forth in article II, division
3:
(2) New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 <1J<1.<1 (a) 9.5-434.5 (a) "New antenna-supporting structures."
Sec. 9.5-252. Airport District (AD).
(e) As of right uses:
(1) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 <13<1.<1 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
(2) Satellite earth stations, as accessory uses, pursuant to article VII,
division 16, section 9.5-434.5 (t) "Satellite earth stations."
(t) Minor conditional uses:
(1) Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 <1J<1.<1 (II) 9.5-434.5
@ "Attached wireless communications facilities."
(2) ~ at~l1it~ ~artR Etati9Rg, PUF~YaRt t9 artid~ '.'II, lliyiEi9R 1 ~, ~~~ti9R 9.5 <13<1.<1
(t) "~at~llit~ urta ~tati9R.~."
(2) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 9.5-434.5 (b) "Replacement of an
existing antenna-supporting structure. "
(3) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(g) TR~ fgll9'viRg yg~g ar~ p~rm.itt~1l a~ maj9r ~9Rlliti9Ral yg~g iR tR~ Ajrpgrt Digtri~t,
EY9j~~t t9 tR~ Etanllarll~ :mil pr9~~IlYr~~ ~~t f9rtR iR. artid~ II, di"i~igR J:
(1) ~t~altR wir~l~~~ ~9mmYR.i~ati9Rg ll~iliti~g, a~ a~~~8g9r~' \l~iE,
pyrgYriRt t9 artid~ VII, lli"iEi9R 1~, ~'il~ti9R. 9.5 <134.<1 (~) "~t~altR 'l.'ir~l'ilE~
c9mmYR.i~ati9RE b~ilitii~. "
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DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
Sec. 9.5-253. Park and Refuge District (PR).
(a) As of right:
(4) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an existing
antenna-supporting structure."
(5) Attached wireless communications facilities as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (d) "Attached wireless
communications facilities."
(6) Satellite earth stations, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (t) "Satellite earth stations."
(b) Minor conditional uses:
(3) Replacement of an existing antenna-supporting structure pursuant to article
VII, division 16, section 9 .5-434.5 (b) "Replacement of an existing antenna-
supporting structure."
(4) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(~) TR~ tQUgmiRg ar~ pil1Ritt~1l ag majgr ~gRllitigRal yg~~ iR t1:l~ Park aRIl ~ ~tyg~ Di~trkt
(PR), m9j~~t t9 tR.~ gtaRllarllg aRIl pr9~~IlYr~g ~~t fgftR iR artid~ III, lliyigigR ]:
(1) ~t~a1tR mir~l~g~ ~9mmYRi~~tigRg fadliti~~, ag a~~~gggr~: yg~8,
pursuant to article VII, division 16, section 9.5-434.4 (e) "Stealth wireless
c9~mWli~atigRg b~iliti~~."
Sec. 9.5-254. Conservation District (CD).
TR~ fgllg'xiRg yg~ ig p~rm.itt~1l a~ gf rigl:lt iR t1l~ C9R~~f'.'atigR ];)i~trkt:
(a) Paggj"~ r~~r~atigRal ug~.
(a) The following uses are permitted as of right in the Conservation District, pursuant to
the standards and procedures set forth in article III, division 3:
(1) Passive recreational use.
28
Freilich, Leitner & Carlisle
Strikethrough/Underline (comparing Draft #2 to Existing Ordinance)
August 13,2001
doc. #48618/90355.007
DRAFT #2 Amendments to Sections 9.5-232 through 9.5-254, Permitted Uses
Monroe County, Florida
(2) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an existing
antenna-supporting structure."
(3) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (t) "Satellite earth
stations. "
(b) The following uses are permitted as minor conditional uses in the Conservation
District, pursuant to the standards and procedures set forth in article III, division 3:
(1) Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16, section 9.5-
434.5 (t) "Satellite earth stations."
29
Freilich, Leitner & Carlisle
Strikethrough/Underline (comparing Draft #2 to Existing Ordinance)
August 13,2001
doc. #48618/90355.007