Ordinance 002-1999 BOCC ORDINANCE#002-1999
A ORDINANCE BY THE MONROE BOARD OF COUNTY
COMMISSIONERS ENACTING A MORATORIUM FOR A PERIOD OF
EIGHT MONTHS FROM THE ADOPTION DATE OF THIS
ORDINANCE ON THE APPROVAL OF APPLICATIONS gm.,NaW
FREE-STANDING WIRELESS COMMUNICATIONS ) VtS►�
(INCLUDING SELF-SUPPORTING, GUYED, & MONOP U-i ATD��,
ANY MODIFICATIONS WHICH WOULD INCREASE THE QeV '��RALLcp
HEIGHT OF AN EXISTING FREE-STANDING wirgEasss 7,7
COMMUNIICATIONS TOWER (INCLUDING SELF-SUP*1 I , o
GUYED, & MONOPOLE). v m v
WHEREAS, the ability of Monroe County residents, visitors, public agencies and
businesses to communicate with each other and with other parts of the country is important and
beneficial; and
WHEREAS, the ability of public and private agencies to communicate with each other
using wireless communications devices is a substantial public benefit; and
WHEREAS, the geographic location and configuration of Monroe County requires the
presence of multiple local, state, and federal agencies which must employ wireless communications
devices; and
WHEREAS, the benefits derived from the ability to communicate without the use of land-
based wired systems has driven research and development which is directed at perfecting the
technology associated with wireless communication systems; and
WHEREAS, new technology associated with wireless communications is constantly being
developed, and these technological advances have made greater wireless communication options
available to the public at decreased prices; and
WHEREAS, the federal government has determined that new technology associated with
wireless communications should be made available to citizens and businesses; and
WHEREAS, the increased availability of wireless communications services at lower prices
has further fueled demands by the public, businesses, and public agencies for these types of
services; and
WHEREAS, the Federal Communications Commission has held a series of auctions for the
purposes of selling licenses to provide new wireless communications technology and intends to
continue this process as technological advances continue; and
WHEREAS, in 1996, the United States Congress amended the Communications Act of
1934 to include additional provisions for the deployment of new wireless communications
technology as well as promoting its future development; and
Draft Moratorium Ordinance 1 of 8 Initials
WHEREAS, past technological advances and further encouragement by the government
have given rise to a wide variety of wireless communications services,providers, and users; and
WHEREAS, despite the nature of the wireless communication service, its purposes or
intended users, the equipment and/or infrastructure required to propagate communication signals is
subject to certain technical limitations; and
WHEREAS, the primary limitation associated with communication signal propagation is
the ability to transmit or receive signals over geographic distances unimpeded by obstructions; and
WHEREAS, the most efficient way to overcome this limitation is to place transmitting or
receiving equipment higher than any obstructions, which can require a supporting structure of
significant height; and
WHEREAS, the significant height associated with some wireless communication towers
requires a structure of considerable mass, and in some cases, the need for additional guy wire
supports; and
WHEREAS, wireless communications towers are defined as the actual structure (whether
self-supporting, guyed, or monopole) and appurtenances whether made from metal or other material
built for the express purpose of supporting antennas or antenna-related equipment designed to
receive or transmit electromagnetic radiation in the form of radio waves; and
WHEREAS, the required height, mass, and resultant wind resistance sail-area of these
structures are the basis for several concerns related to the placement of wireless communication
facilities; and
WHEREAS,wireless communications towers can be visible for several miles due to the flat
terrain and relatively low vegetation found in Monroe County; and
WHEREAS, wireless communications towers over 200 feet in height are required by the
Federal Aviation Administration to include obstruction lighting and/or painting for aircraft safety,
further increasing the visibility of this infrastructure; and
WHEREAS, it is difficult to camouflage tall projections like wireless communications
towers due to the absence of significant topographic relief, tall vegetation, or other vertical
projections; and
WHEREAS, the difficulty in camouflaging wireless communications towers can mean that
this infrastructure is highly visible to neighboring properties; and
WHEREAS, the coverage objectives for certain types of wireless communications signals
include users traveling in automobiles; and
WHEREAS, the necessity of serving people traveling in automobiles with wireless
communication signals requires that wireless communications facility infrastructure be located
proximate to roadways; and
Draft Moratorium Ordinance 2 of 8 Initials
WHEREAS, According the National Oceanographic and Atmospheric Administration
(NOAA), southern Florida, including the Florida Keys, is an area that has historically experienced
high winds associated with hurricanes, which can have wind speeds in excess of one hundred fifty
(150)miles-per-hour such as those associated with hurricane Andrew; and
WHEREAS,U.S. Highway 1 is a major roadway in Monroe County that can be used for the
purposes of evacuating visitors and residents in preparation for a hurricane and re-entry after a
hurricane; and
WHEREAS, hurricane evacuation or re-entry could be made difficult or impossible should
wireless communications facility infrastructure collapse onto the right-of-way of U.S. Highway 1 as
a result of structural failure due to bursts of wind with speeds greater than one hundred fifty (150)
miles per hour; and
WHEREAS, post-hurricane access to wireless communications is critical for recovery from
storm events; and
WHEREAS, Monroe County has many private airports which are utilized by a wide variety
of small aircraft; and
WHEREAS, Monroe County has a mosquito control program which relies in part upon the
use of insecticide applications from low-flying airplanes; and
WHEREAS, the proliferation of wireless communications towers can exacerbate the
adverse aesthetic and safety impacts of this infrastructure on the welfare of Monroe County
residents,property owners, businesses, and visitors; and
WHEREAS, Monroe County has been subject to an influx of requests by several wireless
service providers to site new wireless communications infrastructure throughout the Keys; and
WHEREAS, Monroe County is in the process of developing a new County-wide
communications plan which may call for the placement of additional wireless communications
towers; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan does not specifically
consider wireless communications facility infrastructure or its appropriate placement; and
WHEREAS, the current Monroe County Land Development Regulations related to the
placement of wireless communications facility infrastructure were drafted in 1986, and could not
have predicted the needs of this emerging technology; and
WHEREAS, the current Land Development Regulations therefore do not adequately
address the needs of new wireless communications towers while considering the general welfare of
the public in a meaningful way; and
WHEREAS, Monroe County has the duty to address the issues associated with the
provision of wireless communications towers by improving the provisions of the Land
Development Regulations; and
Draft Moratorium Ordinance 3 of 8 Initials
WHEREAS,the preparation of new Land Development Regulations designed to address the
` needs of wireless communications towers while protecting the general welfare of the public requires
a sufficient amount of time to collect the essential data on existing conditions, prepare amendments
to the current Land Development Regulations, present proposed language to the wireless industry
and interested members of the public, and to take the proposed language through the required public
hearings and adoption processes; and
WHEREAS, to allow the placement of new wireless communications towers or increases in
height to existing towers before the adoption of new Land Development Regulations which
considers all these aspects would run contrary to the purposes and duty of preparing the new
regulations; and
WHEREAS, allowing the continued deployment of some wireless communications facility
equipment can be in the best interest of the general public, provided this deployment does not
embody the substantial adverse aesthetic and safety impacts presented by new wireless
communications facility infrastructure; and
WHEREAS, the Federal Communications Commission in conjunction with several wireless
industry trade associations have recently put forth the Wireless Facility Siting Agreement, which
recognizes the appropriateness of moratoria as a technique for local governments to review and
update their ordinances while preventing additional pressure from wireless facility developers
seeking to install their wireless communications facility infrastructure; and
WHEREAS, Section 125.01, Florida Statutes, authorizes the Board of County
Commissioners to adopt ordinances to provide standards protecting the health, safety, and welfare
of the citizens of Monroe County; and
WHEREAS, Section 163.3202, Florida Statutes, encourages the use of innovative land
development regulations including provisions like moratoria to address changes in land uses and/or
technology; and
WHEREAS, the regulation of placement, installation, and construction of wireless
communications towers preserves and protects the health, safety, and general welfare of the citizens
of Monroe County.
NOW THEREFORE, THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
MAKES THE FOLLOWING FINDINGS OF FACT:
1. Substantial benefits arise from the ability of residents, visitors, businesses, and public agencies
to communicate using wireless communications services.
2. Due to its geographic location, Monroe County must host multiple public and private agencies
which depend upon wireless communications services for their day-to-day operations.
3. There are constant advances in wireless communications technology, which have made
additional wireless communications options and services available to more people at lower
prices,which in turn is creating more demand for these types of services.
Draft Moratorium Ordinance 4 of 8 Initials
4. The Federal Communications Commission and the U.S. Congress encourage the provision of
• greater wireless communications options and competition between service providers, and have
taken steps to ensure that this continues.
5. There now exists a wide variety of wireless communications services, providers, and end users,
but the basic technology for the provision of these services is subject to the need for transmitting
or receiving signals over large geographic areas unimpeded by obstructions.
6. The most widely used approach at overcoming this limitation has been to place the transmitting
or receiving equipment well above ground level through the use of an antenna-supporting
structure.
7. The required height and mass of these structures are the basis for several concerns related to the
provision of wireless communications services, the majority of which involve aesthetics,
compatibility with surrounding uses, and safety concerns for citizens both on the ground and in
the air.
8. It is difficult to mitigate the visual and aesthetic impacts of wireless communications towers in
Monroe County due to a lack of topographic relief, and the lack of tall vegetation or other
vertical projections.
9. Monroe County is an area subject to hurricanes, giving rise to the potential for wireless
communications towers to fail structurally during a storm event.
10. The patterns of use for some wireless communications services and the physical configuration
of the Keys require that these facilities be placed primarily near U.S. Highway 1, which could
have deleterious effects upon the safety of residents and visitors in the case of a hurricane
evacuation and re-entry.
11. The unplanned proliferation of wireless communication towers can exacerbate the problems
associated with land use compatibility, aesthetics, and public safety.
12. Current conditions point to increased proliferation of wireless communications towers through
the deployment of additional facilities from both private service providers as well as public
agencies.
13. The Monroe County Year 2010 Comprehensive Plan provides little direction on how these types
of facilities should be integrated into the community. The current Land Development
Regulations were written in 1986 and do not address the needs of the wireless industry while
protecting the general welfare of the public in a meaningful way.
14. Objective 104.4 of the Monroe County Comprehensive Plan requires the County to maintain
community character and protect natural resources through a distribution of land uses consistent
with the Future Land Use Map. The current Land Development Regulations may allow
development of wireless communications facilities inconsistent with these goals.
15. The Planning Department has developed a workplan to address the situation which includes
developing new Land Development Regulations that address the impacts of wireless
communications towers upon the residents,visitors, and businesses in Monroe County.
Draft Moratorium Ordinance 5 of 8 Initials
,
• 16. Approval and placement of new wireless communications towers or allowing increases in height
to existing towers before an adequate wireless communications facility ordinance is in place can
lead to the placement and construction of facilities through the application of a piecemeal
regulatory approach with few codified standards which are inconsistent with the proposed
wireless communications ordinance.
17. Until new regulations are in place, limitations on the placement of new wireless
communications towers is consistent with a good land use planning approach, however, some
forms of wireless communications equipment can be developed without generating the same
adverse impacts.
18. The types of wireless communication equipment which do not create adverse impacts upon land
use compatibility, aesthetics, and public safety should be exempt from a moratorium, provided
the provision of this equipment will further the goals of limiting wireless communications tower
proliferation.
19. The Federal Communications Commission and several wireless industry trade associations such
as American Mobile Telecommunications Association and the Cellular Telecommunications
Industry Association have endorsed the use of reasonable regulatory approaches like moratoria
to allow local governments the necessary time to review and update their regulations.
20. The Florida Statutes give local governments the power to zone land and control development in
order to protect their citizens under Section 125.01. Furthermore, Section 163.3202, Florida
Statutes, allows for new and innovative land use regulations and techniques which assist local
governments in the effective control of development.
NOW THEREFORE, THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
MAKES THE FOLLOWING CONCLUSIONS OF LAW:
1. Wireless communications facility infrastructure can have substantial effects on land use
compatibility, aesthetics,health, safety, and the general welfare of the public.
2. Current conditions with respect to wireless communications technology have meant that Monroe
County is subject to multiple requests for the placement of additional wireless communications
towers throughout the county, which could lead to the unnecessary proliferation of this
infrastructure.
3. The current provisions of the Monroe County Year 2010 Comprehensive Plan and Land
Development Regulations do not adequately address the placement of or height modifications to
wireless communications towers or address their impacts upon the citizens and business of
Monroe County.
4. The proliferation of wireless communications towers and their resultant effects upon
compatibility, aesthetics, and the general welfare of the public is not consistent with the
provisions on the Year 2010 Comprehensive Plan.
5. The creation of regulations that attempt to maximize the existing wireless communications
facility infrastructure through the collocation of wireless is an appropriate planning goal.
Draft Moratorium Ordinance 6 of 8 Initials
• 6. A temporary moratorium on the approval of new free-standing wireless communications towers
and additions in height to existing wireless communications towers whether the facility is to be
used for public or private purposes can help to further the goal of maximizing existing wireless
communications facility infrastructure.
7. The placement of some wireless communications equipment does not constitute the same
substantial impacts on aesthetics, public safety, or general welfare as new free-standing
facilities, and therefore, should be exempt from the moratorium.
8. This moratorium should run for a period of eight (8) months, or until the proposed wireless
communications ordinance becomes effective, whichever is less to give the County enough time
to prepare and adopt new regulations and for the state to approve them.
9. A temporary moratorium ordinance on the approval of new wireless communications towers
and increases in height to existing wireless communications towers is consistent with the
Monroe County's right to regulate land, consistent with the public interest, and is in the best
interest of the wireless communications industry and the general public.
10. A moratorium such as the one proposed here is a valid exercise of Monroe County's police
power, and consistent with Chapter 163 of the Florida Statutes.
This Board specifically adopts the findings of fact and conclusions of law stated above.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY, FLORIDA THAT a moratorium on the approval of applications for
new free-standing wireless communications towers and any modifications which increase the
overall height of an existing free-standing wireless communications tower is hereby adopted for a
period of eight months, and shall apply as follows:
Section 1. A temporary moratorium on the approval of new free-standing wireless communications
towers and any modifications which increase the overall height of an existing free-standing wireless
communications tower shall be enacted for a period of eight months from the adoption date of this
ordinance.
Section 2. The Planning Department will continue to receive and process applications for new free-
standing wireless communication towers and modifications which increase the overall height of an
existing tower, but these applications will be subject to the provisions of the new wireless
communications facilities ordinance to be developed and adopted during the time of the
moratorium.
Section 3. The following developments or development activities are exempt from this moratorium:
1. Installation of amateur radio antennas as provided in Section 125.561, Florida Statutes.
2. Installation of satellite TV antennas in accordance with Monroe County Ordinance 023-
1997.
Section 4. Any development or development activity involving communication facilities or
structures not expressly prohibited by the moratorium, nor exempted in Section 3, shall require
review and approval from the Planning Director.
Draft Moratorium Ordinance 7 of 8 Initials
' Section 5. The Planning Director shall make all determinations of exemption status from the
provisions of this moratorium, subject to appeal to the Planning Commission.
Section 6. Parties aggrieved by the Planning Director's determinations that their facility is not
exempt from this ordinance may appeal that determination to the Planning Commission, subject to
the provisions contained in Section 9.5-521 of the Land Development Regulations.
Section 7. If any section, subsection, sentence, clause or provision of this ordinance is held invalid,
the remainder of this ordinance shall not be affected by such invalidity.
Section 8. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
to the extent of said conflict.
Section 9. Effective date. This ordinance shall take effect immediately upon adoption by the
Monroe County Board of County Commissioners.
Section 10. The Clerk of the Board is hereby directed to transmit a certified copy of this ordinance
to the Planning Department.
Section 11. The Planning Department is hereby directed to transmit a certified copy of this
ordinance to the Florida Department of Community Affairs.
Section 12. This ordinance shall stand repealed as of 11:59 o'clock p.m. on the two hundred twenty
seventh calendar day after the adoption date of this ordinance, unless repealed sooner.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a meeting of the Board held on the 13th day of January, 1999.
Mayor Harvey yes
Mayor Pro Tern Freeman ye s
A /I Commissioner Reich yes
APPRO "viz; Commissioner Williams yes
AND LE •
`� Commissioner Neugent X:e s
BY
.riiey's Office. BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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MAYOR
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ATTEST: DANNY L. KOLHAGE, CLERK
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DEPUTY
Draft Moratorium Ordinance 8 of 8 Initials
Jilannp I.. Itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
SOD WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
February 10, 1999
CERTDlED MAIL
RETURN RECEIPI' REQUFSI'ED
Mrs. Liz Cloud
Florida DepaI1ment of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please rmd a certified copy of Ordinance No. 002-1999 enacti~g a
moratorium for a period of eight months from the adoption date of this ordinance on
the approval of applications for new free-standing wireless communications towers
(including self-supporting, guyed & monopole) and any modirlC8tions which would
increase the overall height of an existing free-standing wireless communications tower
(including self-supporting, guyed and monopole).
This Ordinance was adopted by the Monroe County Board of County
Commis.sioners at a Regular Meeting, in fonnal session, on January 13, 1999.
Please rde for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex omcio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
Enclosure
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cc: County Attorney
County Administrator
Acting Growth Management Director
Planning Director
Communications Director
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3, Article Addressed to:
MRS. LIZ CLOUD
FLORIDA DEPARTMENT OF STATE
BUREAU OF ADMIN.CODE/LAWS
401 SOUTH MONROE STREET
TALLAHASSEE,FL. 32399-0250
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Domestic Return Receipt
Dl ._.v.,,, uF FLORIDA DEPARTMENT OF STATE
Offic" of the Secretary
Division of Administrative Services
Division of Co~rations
Division of Cultural Affairs
DivisIon of Elections
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HISTORIC PRESERVATION BOARDS
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FLORIDA DEPARTMENT OF STATE
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DIVISION OF ELECTIONS
RINGLING MUSEUM OF ART
February 15, 1999
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Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
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Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
letters dated February 10, 1999 and certified copies of Monroe County Ordinance
Nos. 002-1999 and 004A-1999, which were filed in this office on February 12, 1999.
Si~ c1wJl
Liz Cloud, Chief
Bureau of Administrative Code
LC/bn
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos,state.jl,us