Ordinance 028-1999
BOCC ORDINANCE # 028.1999
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING ARTICLE VII
DIVISION 16 OF THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS, SECTIONS 9.5-232 THROUGH
9.5-253, PERMITTED USES; AND SECTION 9.5-434, TO
ESTABLISH REGULATIONS AND STANDARDS FOR THE
ZONING AND MANAGEMENT OF WIRELESS
COMMUNICATIONS FACILITIES WITIDN UNINCORPORATED
MONROE COUNTY; PROVIDING SEVERABILITY; PROVIDI@ \0..."
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WHEREAS, the ability of Monroe County residents, visitors, public ag~~ ~
businesses to communicate with each other and with other parts of the ~rrn.itY ~
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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, 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
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..
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
facility infrastructure requires a structure of considerable mass, and in some cases, the
need for additional guy wire supports; 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 facility infrastructure can be visible for
several miles due to the flat terrain and relatively low vegetation found in Monroe
County; and
WHEREAS, wireless communications facility infrastructure over two hundred
(200) feet in height or those proximate to public airports 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 facility infrastructure due to the absence of significant topographic
relief, tall vegetation, or other vertical projections; and
WHEREAS, the difficulty in camouflaging wireless communications facility
infrastructure can mean that this infrastructure is highly visible to neighboring properties;
and
WHEREAS, there is a need to balance between the benefits of wireless services
and the potential adverse safety and visual impacts which could be created or furthered
by the placement of these types of uses; and
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WHEREAS, the Monroe County Year 2010 Comprehensive Plan does not
specifically consider wireless communications facility infrastructure or its appropriate
placement, but does call for the protection of community character; 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 regulation of placement, installation, and construction of
wireless communications facility infrastructure preserves and protects the health, safety,
and general welfare ofthe citizens of Monroe County.
WHEREAS, 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-dayoperations.
3. Wireless communications facilities, while important for communications, may
have a variety of adverse impacts upon the public's health, safety, and general
welfare in some situations.
4. The unplanned proliferation of wireless communication facilities can exacerbate
any adverse impacts from these types of facilities associated with land use
compatibility, aesthetics, and public safety.
5. Given the variety of geographic factors influencing the Florida Keys, it is
appropriate to protect the public interest by minimizing the potential adverse
impacts of wireless communications infrastructure, to minimize the proliferation
of wireless communications infrastructure by encouraging collocation, and to
encourage coordination between the providers of wireless communication
services.
6. It is important to maintain community character and protect natural resources as
they relate to the placement of wireless communications facilities as indicated
under Objective 101.4 of the Year 2010 Comprehensive Plan.
WHEREAS, The Monroe County Board of County Commissioners makes the
following CONCLUSIONS OF LAW:
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1. Wireless communications facility infrastructure can have substantial effects on
land use compatibility, community character, 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 Land Development Regulations do
not adequately address the placement of wireless communications towers or
address their impacts upon the citizens and business of Monroe County, and these
regulations should be modified.
4. The proliferation of wireless communications towers and the resultant effects of
this proliferation, 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 minimize the proliferation of wireless
communications facility infrastructure through the encouragement of collocation
and wireless service provider coordination is an appropriate planning goal.
6. According to Section 9.5-511 of the Land Development Regulations, the Board of
County Commissioners may consider the adoption of a proposed ordinance based
upon one or more factors under Section 9.5-511 (d) (5) b. The current provisions
of the Land Development Regulations related to wireless communications
facilities pertain only to communication towers and/or communications systems,
and were drafted in 1986. Technological advances in wireless communications
since 1986 have lead to a greater variety of wireless communications equipment
and methods of deployment of this equipment. Therefore, the Board of County
Commissioners concludes that the proposed text amendment is consistent with
Section 9.5-511(d)(5)b.(v), the factor recognizing the need for additional detail or
comprehensiveness.
7. Goal 101 of the Monroe County Year 2010 Comprehensive Plan (Comprehensive
Plan) indicates that future growth shall be managed to enhance the quality of life,
ensure the safety of County residents and visitors, and protect valuable natural
resources. The Purpose and Intent of the Wireless Communications Facilities
Ordinance is to regulate wireless communications facilities to promote the health,
safety, and general welfare of the public as well as to minimize the impact of
these types of facilities by establishing standards for their location, structural
integrity, and compatibility with other adjacent land uses. Therefore, the Board of
County Commissioners finds that the proposed text amendment is consistent with
and furthers Goal 101 of the Comprehensive Plan.
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8. Chapters 163 and 380 of the Florida Statutes mandate that land development
regulations be prepared and implemented in a manner which is consistent with
other federal, state, and local laws including the local comprehensive plan. The
proposed Wireless Communications Facilities Ordinance does not conflict with
the federal Telecommunications Act of 1996 or the State of Florida Principles for
Guiding Development, and it furthers the goals contained in the Monroe County
Comprehensive Plan. Therefore, the Board of County Commissioners finds that
the proposed text amendment is consistent with Chapters 163 and 380 of the
Florida Statutes.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLOWING:
Section 1. Article VII Division 16 is hereby amended to include the following:
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; 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
reducing 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.
Sec. 9.5-434.2. Definitions.
For the purposes of this division, the terms and phrases listed below shall have the
following meanings:
(A-i) Ancillary Structures means forms of development associated with a wireless
communications facility, including but not limited to: foundations, concrete
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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) Attached Wireless Communication Facility means an antenna (including
dish antennas) 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.
(A-4) 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-5) 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-6) 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 may be either guyed, self-supporting
(lattice), monopoles, or in some other configuration. Any device which is
used to attach antennas to an existing building shall be excluded from the
definition of and regulations applicable to antenna-supporting structures.
(C-l) 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.
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(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.
(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. These structures can be
mounted to a foundation which rests on or in the ground or on a building's
roof.
(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.
(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) 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.
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(P-2) 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 replacement
antenna-supporting structure is of equal or lesser height than the antenna-
supporting structure it is replacing, and is usually located upon its own
individual foundation.
(S-l) Satellite Earth Station means a single or group of satellite parabolic (or
dish) antennas, with one or more having a diameter greater than thirty (30)
inches. 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 mayor may not include the
associated separate equipment enclosures necessary for the transmission or
reception of wireless communications signals with satellites.
(S-2) Self Supporting means a style of free-standing antenna-supporting structure
which consists of an inverted truss assembly or other assembly designed to
support itself without the use of guy wires or other stabilization devices.
These structures are typically composed of three (3) or four (4) legs which
rest upon individual foundations and are held together with bracing. These
structures can be mounted to a foundation which rests on or in the ground
or on a building's roof.
(S-3) Stealth Wireless Communications Facility means a structure that is not
readily identifiable as an antenna-supporting structure and is or designed to
be compatible with existing and proposed uses on a site. The structure may
or may not have a secondary function (i.e. church steeple, bell tower, spire,
clock tower, cupola, light standard, flagpole, etc.).
(W-1) Wireless Communications means any wireless service as defined in the
Federal Telecommunications Act of 1996 which includes Federal
Communications Commission licensed commercial wireless
telecommunications services such as but not limited to cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging, radio and television broadcast
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services, and similar services that currently exist or that may be developed
in the future.
(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,
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) 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 section,
notwithstanding the provisions contained in Chapter 6 of the Momoe County
Code:
(1) Amateur radio antennas as provided in Florida Statutes 125.561; and
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(2) In accordance with Monroe County Ordinance 023-1997, the
installation of satellite television antennas that do not exceed thirty
(30) inches in diameter and microwave receiving antennas that do not
exceed thirty (30) inches in diameter provided that the antenna is
attached to a residential or commercial building or placed no more
than twenty-four (24) inches above finished grade; and
(3) Regular maintenance for any existing wireless communications
facility; and
(4) The substitution or change of existing antennas or other equipment on
an existing antenna-supporting structure provided the substituted
antennas or equipment does not diminish the structural capacity of the
antenna-supporting structure, and provided such change does not
increase the overall height of the structure; and
(5) Any existing or proposed antenna-supporting structure with an overall
height of seventy (70) feet or less above ground level; and
(6) Upon the declaration of a state of emergency by federal, state, or local
government, and a written determination of the public necessity by the
Director of Public Safety, a government-owned Wireless
Communications Facility may be temporarily permitted as-of-right
where necessary, for the duration of the state of emergency.
Sec. 9.5-434.4. Development Standards.
These standards shall apply to the following types of wireless communications facilities:
(a) New Antenna Supporting Structures.
(1) Pursuant to Sections 9.5-232 through 9.5-255, the permitted and
prohibited land use districts for new antenna-supporting structures are
listed in the chart below:
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New Antenna-Supporting Structures
Minor Major
MoOf- Conditional Conditional Use
Land Use District Right Use * Prohibited **
Airport District (AD) X
Commercial Area Fishing (CFA) X
Comm. Fishing Districts 3,4,5,6,7,17 (CFSD) X
Comm. Fishing Districts 1,2.8,9,10,11,12,13,14,15,16,18,19 (CFSD) X
Commercial Fishing Village (CFV) X
Conservation District (CD) X
Destination Resort (DR) X
Improved Subdivision (IS) X
Industrial (I) X
Mainland Native Area (MN) X
Maritime Industries (MI) X
MilitaIy Facilities (MF) X
Mixed Use (MU) X
Native Area (NA) X
Offshore Island (OS) X
Park and Refuge District (PR) X
Recreational Vehicle (RV) X
Sparsely Settled Residential District (SS) X
Sub Urban Commercial (SC) X
Sub Urban Residential (SR) X
Sub Urban Residential-Limited (SR-L) X
Urban Commercial (DC) X
Urban Residential (DR) X
Urban Residential Mobile Home District (URM) X
Urban Residential Mobile Home District- Limited (URM-L) X
· Applications for a new Antenna-Supporting Structure which propose to remove an existing Antenna-Supporting Structure
with an overall height exceeding seventy (70) feet shall be reviewed as a Minor Conditional Use rather than a Major
Conditional Use provided the Antenna-Supporting Structure to be removed is removed within ninety (90) days of
the issuance of a pennit to construct the new Antenna-Supporting Structure.
.. New Antenna-Supporting Structures may be pennitted in the Conservation District (CD), Mainland Native (MN), Offshore
Island (OS) and Park and Refuge District (PR) as a Major Conditional Use provided the Antenna-Supporting Structure is
owned by Monroe County and is used exclusively for county communications.
(2) 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,
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SS, SR, UR or URM zones shall be setback from these
zones a distance equal to twenty (20) percent of the
overall height of the antenna-supporting structure.
b. 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.
c. Lighting.
1. 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.
d. Aesthetics.
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New antenna-supporting structures which are not regulated
in appearance by the FAA shall maintain a galvanized gray
finish or other accepted contextual or compatible color.
e. 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 excluding
that which is beneath guy wires (if applicable);
plus
(iv) The area inside the antenna-supporting structure
framework; plus
(v) Any paved driveway, access, or parking areas
(not including areas covered with pea stone of
less than one (1) inch in diameter).
g. Security.
Fencing, in accordance with Section 9.5-309, and/or anti-
climbing devices shall be required to preserve security on
wireless communication facilities.
h. Landscaping.
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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. 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).
j. 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.
k. Compatibility with Community Character.
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).
The following attributes shall be considered from vantage
points within three (3) miles of the base of the proposed of
antenna-supporting structure:
(i) Height; and
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(ii) Mass and scale; and
(iii) Materials and color; and
(iv) Illumination.
(3) 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 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
1. 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. Three (3) copies of a vegetation surveyor Habitat Evaluation
Index (HEI); and
k. A pre-application conference IS required for any proposed
antenna-supporting structure.
At the time a pre-application conference is held, the
applicant shall demonstrate that the following notice was
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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 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)";
and
1. A signed affidavit from the antenna-supporting structure's owner
stating the following:
1. That there is an immediate need for a new 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
4. That the potential equipment to be placed upon a new
antenna-supporting structure could not be
accommodated on another existing or proposed
antenna-supporting structure or other building; and
m. Photo-simulated post construction renderings of the proposed
antenna-supporting structure, equipment enclosures, and
ancillary structures as they would look after construction from
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locations to be determined during the pre-application
conference; and
n. Proof of FAA compliance with Subpart C of the Federal
Aviation Regulations Part 77, Objects Affecting Navigable
Airspace; and
o. 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
p. If required by the United States Fish and Wildlife Service, a
letter indicating that the proposed antenna-supporting structure
and appurtenances will have no effects upon wildlife; or that
any effects which are created will be mitigated to the extent
possible.
(b) Replacement of an Existing Antenna-Supporting Structure.
(1) Pursuant to Sections 9.5-232 through 9.5-255, the permitted and
prohibited land use districts for replacement antenna-supporting
structures are listed in the chart below:
Wireless Communications Facility Ordinance
Page 17
July 21, 1999
Replacement Antenna-Supporting Structures
Minor Major
As-or- Conditional Conditional
Land Use District Right Use Use Prohibited *
Airport District (AD) X
Commercial Area Fishing (CFA) X
Comm. Fishing Districts 3,4,5,6,7,17 (CFSD) X
Comm. Fishing Districts 1,2,8,9,10,11,12,13.14,15,16,18,19 (CFSD) X
Commercial Fishing Village (CFV) X
Conservation District (CD) X
Destination Resort (DR) X
Improved Subdivision (IS) X
Industrial (I) X
Mainland Native Area (MN) X
Maritime Industries (MI) X
Military Facilities (MF) X
Mixed Use (MU) X
Native Area (NA) X
Offshore Island (OS) X
Park and Refuge District (PR) X
Recreational Vehicle (RV) X
Sparsely Settled Residential District (SS) X
Sub Urban Commercial (SC) X
Sub Urban Residential (SR) X
Sub Urban Residential-Limited (SR-L) X
Urban Commercial (DC) X
Urban Residential (DR) X
Urban Residential Mobile Home District (URM) X
Urban Residential Mobile Home District- Limited (URM-L) X
· Replacement Antenna-Supporting Structures may be pennitted in the Conservation District (CD), Mainland Native (MN),
Offshore Island (OS), and Park and Refuge District (PR) AsoOf-Right provided the Antenna-Supporting Structure is owned
by Monroe County and is used exclusively for county communications.
(2) 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 b. through g.
and i. as indicated in Section 9.5-434.4 (a) (2), 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, SS, 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
Wireless Communications Facility Ordinance
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July 21, 1999
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.
A replacement antenna-supporting structure may not have a
greater overall height above ground level than the structure
it is replacing.
d. Landscaping.
Landscaping and or screening in the form of at least a Class
D buffer as drawn in the Class D Bufferyard Figure in
Section 9.5-379 shall be required around the development
area to the maximum extent practicable.
(3) 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 9.5-434.4 (a) (3) a.-j.
(c) Collocations on an Existing Antenna-Supporting Structure.
(1) Pursuant to Sections 9.5-232 through 9.5-255, the permitted and
prohibited land use districts for collocations on existing antenna-
supporting structures are listed in the chart below:
Wireless Communications Facility Ordinance
Page 19
July 21, 1999
Collocation on Existing Antenna-Supporting Structures
Minor Major
As-of- Conditional Conditional
Land Use District Rigbt Use Use Probibited ·
Airport District (AD) X
Commercial Area Fishing (CFA) X
Comm. Fisbing Districts 3.4,5,6,7.17 (CFSD) X
Comm. Fishing Districts 1,2,8,9,10,11,12,13,14,15,16,18,19 (CFSD) X
Commercial Fishing Village (CFV) X
Conservation District (CD) X
Destination Resort (DR) X
Improved Subdivision (IS) X
Industrial (I) X
Mainland Native Area (MN) X
Maritime Industries (MI) X
Military Facilities (MF) X
Mixed Use (MU) X
Native Area (NA) X
Offshore Island (OS) X
Park and Refuge District (PR) X
Recreational Vehicle (RV) X
Sparsely Settled Residential District (SS) X
Sub Urban Commercial (SC) X
Sub Urban Residential (SR) X
Sub Urban Residential-Limited (SR.L) X
Urban Commercial (UC) X
Urban Residential (UK) X
Urban Residential Mobile Home District (URM) X
Urban Residential Mobile Home District. Limited (URM-L) X
· Collocations may be permitted in the Conservation District (CD), Mainland Native (MN), Offshore Island (OS), and Park
and Refuge District (PR) as a Minor Conditional Use provided the Antenna-Supporting Structure is owned by Monroe County
and is used exclusively for county communications.
(2) 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 e. through g.
and i. as indicated in Section 9.5-434.4 (a) (2), 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.
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.
Wireless Communications Facility Ordinance
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July 21, 1999
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.
(3) 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. as indicated
in Section 9.5-434.4 (a) (3), as well as the following:
b. 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.
c. 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) 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:
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Page 21
July 21, 1999
Attached Wireless Communications Facilities
Minor Major
As-of- Conditional Conditional
Land Use District Right Use Use Prohibited
Airport District (AD) X
Commercial Area Fishing (CFA) X
Comm. Fishing Districts 3,4,5,6,7,17 (CFSD) X
Comm. Fishing Districts 1,2,8,9,10,11,12,13,14,15,16,18,19 (CFSD) X
Commercial Fishing Village (CFV) X
Conservation District (CD) X
Destination Resort (DR) X
Improved Subdivision (IS) X
Industrial (I) X
Mainland Native Area (MN) X
Maritime Industries (MI) X
Military Facilities (MF) X
Mixed Use (MU) X
Native Area (NA) X
Offshore Island (OS) X
Park and Refuge District (PR) X
Recreational Vehicle (RV) X
Sparsely Settled Residential District (SS) X
Sub Urban Commercial (SC) X
Sub Urban Residential (SR) X
Sub Urban Residential-Limited (SR-L) X
Urban Commercial (UC) X
Urban Residential (UR) X
Urban Residential Mobile Home District (URM) X
Urban Residential Mobile Home District- Limited (URM-L) X
(2) Approval criteria for attached wireless communications facilities:
a. For a proposed attached wireless communications facility to
approved, it shall meet with the approval criteria e. through f.
and i. as indicated in Section 9.5-434.4 (a) (2), 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 of at least
three (3) stories or at least thirty-five (35) feet in height;
and
Wireless Communications Facility Ordinance
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July 21, 1999
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. Existing or proposed attached wireless communications
facilities utilizing a truss assembly antenna-supporting
structure similar to a guyed or self-supporting tower
which projects more than twenty (20) feet above the
highest point of the building upon which it is mounted
and has an overall height greater than seventy (70) feet
above ground level shall be considered as an antenna-
supporting structure and subject to the provisions for
these types of uses pursuant to Section 9.5-434.4 (a);
and
d. Aesthetics.
All attached antenna or antenna arrays, equipment
enclosures and ancillary equipment visible from outside the
building where they are located shall be placed inside the
building or camouflaged or painted so as to blend in with
the building where they are placed.
(3) Submittal requirements for attached wireless communications facility
applications:
a. F or 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. and i. as
indicated in Section 9.5-434.4 (a) (3).
(e) Stealth Wireless Communications Facilities.
(1) Pursuant to Sections 9.5-232 through 9.5-255, the permitted and
prohibited land use districts for stealth wireless communications
facilities are listed in the chart below:
Wireless Communications Facility Ordinance
Page 23
July 21, 1999
Stealth Wireless Communications Facilities
Minor Major
As-of- Conditional Conditional
land Use District Rigbt Use Use Probibited
Airport District (AD) X
Commercial Area Fishing (CFA) X
Comm. Fishing Districts 3,4,5,6,7,17 (CFSD) X
Comm. Fishing Districts 1,2,8,9,10,11,12,13,14,15,16,18,19 (CFSD) X
Commercial Fishing Village (CFV) X
Conservation District (CD) X
Destination Resort (DR) X
Improved Subdivision (IS) X
Industrial (I) X
Mainland Native Area (MN) X
Maritime Industries (MI) X
MilitaIy Facilities (MF) X
Mixed Use (MU) X
Native Area (NA) X
Offshore Island (OS) X
Park and Refuge District (PR) X
Recreational Vehicle (RV) X
Sparsely Settled Residential District (SS) X
Sub Urban Commercial (SC) X
Sub Urban Residential (SR) X
Sub Urban Residential-Limited (SR-L) X
Urban Commercial (DC) X
Urban Residential (DR) X
Urban Residential Mobile Home District (URM) X
Urban Residential Mobile Home District- Limited (URM-L) X
(2) Approval criteria for stealth wireless communications facilities:
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 nummum setback
requirements for the land use district where they are
located pursuant to Section 9.5-281.
b. Structural Integrity.
The stealth facility shall be designed pursuant to the wind
speed design requirements of ASCE 7-95 (150 mph peak
winds).
c. Accessory Use.
A stealth facility shall be an accessory use as defmed by
Section 9.5-4 in the Land Development Regulations.
Wireless Communications Facility Ordinance
Page 24
July 21, 1999
d. 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.
(3) Submittal requirements for stealth wireless communications facilities:
a. For a proposed stealth wireless communications facility
application to be considered complete pursuant to Section 9.5-
44, it shall contain submittal materials a. through j., indicated
in Section 9.5-434.4 (a) (3) as well as the following:
b. 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.
(I) Satellite Earth Stations.
(1) Pursuant to Sections 9.5-232 through 9.5-255, the permitted and
prohibited land use districts for satellite earth stations are listed in the
chart below:
Wireless Communications Facility Ordinance
Page 25
July 21, 1999
Satellite Earth Stations
Minor Major
As-of- Conditional Conditional
Land Use District Right Use Use Prohibited
Airport District (AD) X
Commercial Area Fishing (CFA) X
Comm. Fishing Districts 3,4,5,6,7,17 (CFSD) X
Comm. Fishing Districts 1,2,8,9,10,11,12,13,14,15,16,18,19 (CFSD) X
Commercial Fishing Village (CFV) X
Conservation District (CD) X
Destination Resort (DR) X
Improved Subdivision (IS) X
Industrial (I) X
Mainland Native Area (MN) X
Maritime Industries (MI) X
Military Facilities (MF) X
Mixed Use (MU) X
Native Area (NA) X
Offshore Island (OS) X
Park and Refuge District (PR) X
Recreational Vehicle (RV) X
Sparsely Settled Residential District (SS) X
Sub Urban Commercial (SC) X
Sub Urban Residential (SR) X
Sub Urban Residential-Limited (SR-L) X
Urban Commercial (UC) X
Urban Residential (UR) X
Urban Residential Mobile Home District (URM) X
Urban Residential Mobile Home District- Limited (URM-L) X
(2) Approval criteria for satellite earth stations:
a. For a proposed satellite earth station to be approved, it shall
meet with approval criteria a., g. through L, and k. as indicated
in Section 9.5-434.4 (a) (3), as well as the following:
b. Height.
The maximum height for any portion of a satellite earth
station is thirty-five (35) feet. If any portion of a satellite
earth station projects over thirty-five (35) feet as measured
from the ground elevation, then the facility is to be
reviewed under the provisions of 9.5-434.4 (a); and
c. Aesthetics.
Satellite earth stations shall maintain contextual or
compatible color(s) as determined by the Planning Director
so as to maintain compatibility with surrounding land uses.
(3) Submittal requirements satellite earth station applications:
Wireless Communications Facility Ordinance
Page 26
July 21, 1999
a. For a proposed satellite earth station application to be considered
complete pursuant to Section 9.5-44, it shall contain the same
submittal materials a. through f., i., j., and 1. through m. as
indicated in Section 9.5-434.4 (a) (3).
Sec. 9.5-434.5. 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.
(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)
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.
Section 2. Article VII Division 2 is hereby amended to include the following:
ARTICLE VII, DIVISION 2, STANDARDS FOR ZONING DISTRICTS
Sec. 9.5-232 Urban Commercial District (UC).
(a) As of right uses:
(9) Collocations on existing antenna-supporting structures, pursuant to Article VII,
Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
(10) Attached wireless communications facilities, pursuant to Article VII, Division
16, Section 9.5-434.4 Cd) "Attached Wireless Communications Facilities".
Wireless Communications Facility Ordinance
Page 27
July 21, 1999
(11) Replacement of an existing antenna-supporting structure pursuant to Article VII,
Division 16, Section 9.5-434.4 (b) "Replacement of an Existing Antenna-
Supporting Structure".
(b) Minor conditional uses:
(7) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
(8) Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-434.4
(1) "Satellite Earth Stations".
(c) Major conditional uses:
(7) New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 (a) "New Antenna-Supporting Structures".
Sec. 9.5-233 Urban Residential District (UR).
(a) As of right uses:
(4) Attached wireless communications facilities, pursuant to Article VII, Division
16, Section 9.5-434.4 (d) "Attached Wireless Communications Facilities".
(c) Major conditional uses:
(3) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
Sec. 9.5-234 Urban Residential Mobile Home District (URM).
(b) Major conditional uses:
(4) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
Sec. 9.5-235 Sub Urban Commercial District (SC).
(a) As of right uses:
(9) Collocations on existing antenna-supporting structures, pursuant to Article
VII, Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
Wireless Communications Facility Ordinance
Page 28
July 21,1999
(10) Attached wireless communications facilities, pursuant to Article VII,
Division 16, Section 9.5-434.4 (d) "Attached Wireless Communications
Facilities" .
(11) Replacement of an existing antenna-supporting structure pursuant to Article
VII, Division 16, Section 9.5-434.4 (b) "Replacement of an Existing Antenna-
Supporting Structure".
(b) Minor conditional uses:
(9) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
(10) Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-
434.4 (f) "Satellite Earth Stations".
(c) Major conditional uses:
(8) New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 (a) "New Antenna-Supporting Structures".
Sec. 9.5-235.1 Urban Residential Mobile Home-Limited District (URM-L).
(b) Major conditional uses:
(3) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
Sec. 9.5-236 Sub Urban Residential District (SR).
(c) Major conditional uses:
(X) C9IRRlllRisati9R8 t9W8F8, pr9'\'id8d tllat:
a. TA.~ p~~~l pr9p9iJ~Q iiJ at l~agt 9R~ (1) a~r~; ;mQ
9. Th~ t9"!~r ig ~~tQa~k fr91R tR~ pr9p~~T liR~ a QigtanQ~ ~'1ya.l t9 tR~ A.~ig1:lt 9f
tA.~ t9'.Y~r an1iil aR.3T ~T [;WPp9~iJ 4ll~ g~t 9aQk t1'~~T (20) f~~t k91R aR3T
pr9perty liR~.
(8) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
Sec. 9.5-Sub Urban Residential District (Limited) (SR-L).
Wireless Communications Facility Ordinance
Page 29
July 21, 1999
(a) The following uses are permitted as major conditional uses in the Sub Urban
Residential (Limited) District, subject to the standards and procedures set forth in
article III, division 3:
(1) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
Sec. 9.5-238 Sparsely Settled Residential District (SS).
(b) Major conditional uses:
(7) CQRlDlURiQatiQRiJ tQ'\).~riJ, prQyig~g tRat tRe pa.r-Qel prQPQ[~g ig at l~aiJt QR~ (1) aQr~.
(7) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
Sec. 9.5-239 Native Area District (NA).
(a) As of right uses:
(5) Collocations on existing antenna-supporting structures, pursuant to Article
VII, Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
(6) Replacement of an existing antenna-supporting structure pursuant to Article
VII, Division 16, Section 9.5-434.4 (b) "Replacement of an Existing Antenna-
Supporting Structure".
(b) Minor conditional uses:
(<1) Ra1iiliQ, t~l~yigiQR aIl1iil t~l~pIlQR~ QQRlIHQRiQatiQR iJ~TiJt~lRiJ , prQyigeg tRat tR~
appliQmt g~IRQR[trat~iJ QQmplim~~ witA. tA.~ gt;mga,rgg iR g~~tiQR 95 1<1~.
(4) Attached wireless communications facilities, pursuant to Article VII, Division
16, Section 9.5-434.4 (d) "Attached Wireless Communications Facilities".
(5) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
(c) Major conditional uses:
(4) C91RIRuRisati9R8 t9~T8F8, pr9yid8d tllat:
Wireless Communications Facility Ordinance
Page 30
July 21, 1999
(a1 Th~ par~el prQPQiJ~g iiJ at leagt QR~ (1) a~r~; mg
(9) TR~ tQ"~r ig g~g~k kQIR tR~ prQP~RY liR~ a giiJtaRQ~ ~'t1la.l tQ tRe ~igRt Qf
1Re tQ"~r aRg ~T 8~T gYpPQrtg ~~ g~t ga~k t1'~R~T (20) f~~ Y-QIR ;my
prQpe~T lilW.
(4) New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 (a) "New Antenna-Supporting Structures".
(5) Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-434.4
(f) "Satellite Earth Stations".
Sec. 9.5-242 Improved Subdivision District (IS).
(c) Major conditional uses:
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
Sec. 9.5-243 Destination Resort District (DR)
(a) As of right uses:
(2) Collocations on existing antenna-supporting structures, pursuant to Article
VII, Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
(3) Replacement of an existing antenna-supporting structure pursuant to Article
VII, Division 16, Section 9.5-434.4 (b) "Replacement of an Existing Antenna-
Supporting Structure".
(4) Attached wireless communications facilities, pursuant to Article VII, Division
16, Section 9.5-434.4 (d) "Attached Wireless Communications Facilities".
(b) Minor conditional uses:
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
(3) Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-434.4
(f) "Satellite Earth Stations".
(c) Major conditional uses:
Wireless Communications Facility Ordinance
Page 31
July 21, 1999
(4) New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 (a) "New Antenna-Supporting Structures".
Sec. 9.5-244 Recreational Vehicle District (RV).
(c) Major conditional uses:
(3) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
Sec. 9.5-245 Commercial Fishing Area District (CFA).
(d) The following uses are permitted as of right uses in the Commercial Fishing Area
District, subject to the standards and procedures set forth in article III, division 3:
(1) Replacement of an existing antenna-supporting structure pursuant to Article
VII, Division 16, Section 9.5-434.4 (b) "Replacement of an Existing Antenna-
Supporting Structure".
(2) Collocations on existing antenna-supporting structures, pursuant to Article
VII, Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
(e) The following uses are permitted as minor conditional uses in the Commercial
Fishing Area District, subject to the standards and procedures set forth in article
III, division 3:
(1) Attached wireless communications facilities, pursuant to Article VII, Division
16, Section 9.5-434.4 (d) "Attached Wireless Communications Facilities".
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
(3) Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-434.4
(f) "Satellite Earth Stations".
~ ill The following uses are permitted as major conditional uses in the Commercial
Fishing Area District:
(3) New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 (a) "New Antenna-Supporting Structures".
Sec. 9.5-246 Commercial Fishing Village District (CFV).
Wireless Communications Facility Ordinance
Page 32
July 21, 1999
(c) The following uses are permitted as major conditional uses in the Commercial
Fishing Village District, subject to the standards and procedures set forth in article
III, division 3:
(1) New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 (a) "New Antenna-Supporting Structures".
Sec.9.5-247 Commercial Fishing Special Districts (CFSD).
(d) CFSD 3 (Located on Coco Plum)
(3) As of right:
a. Replacement of an existing antenna-supporting structure pursuant to Article
VII, Division 16, Section 9.5-434.4 (b) "Replacement of an Existing Antenna-
Supporting Structure".
b. Collocations on existing antenna-supporting structures, pursuant to Article VII,
Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
c. Attached wireless communications facilities, pursuant to Article VII, Division
16, Section 9.5-434.4 (d) "Attached Wireless Communications Facilities".
(4) Minor conditional use:
a. Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
b. Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-434.4
(f) "Satellite Earth Stations".
(5) Major conditional use:
a. New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 (a) "New Antenna-Supporting Structures".
(d) CFSD 4 (Located on Long Key)
(1) As of right:
b. Replacement of an existing antenna-supporting structure pursuant to Article
VII, Division 16, Section 9.5-434.4 (b) "Replacement of an Existing Antenna-
Supporting Structure".
Wireless Communications Facility Ordinance
Page 33
July 21, 1999
c. Collocations on existing antenna-supporting structures, pursuant to Article VII,
Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
d. Attached wireless communications facilities, pursuant to Article VII, Division
16, Section 9.5-434.4 (d) "Attached Wireless Communications Facilities".
(2) Minor conditional use:
a. Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
b. Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-434.4
(f) "Satellite Earth Stations".
(3) Major conditional use:
a. New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 Ca) "New Antenna-Supporting Structures".
_ (e) CFSD 5 (Located on Key Largo)
(1) As of right:
i. Replacement of an existing antenna-supporting structure pursuant to Article
VII, Division 16, Section 9.5-434.4 (b) "Replacement of an Existing Antenna-
Supporting Structure".
j. Collocations on existing antenna-supporting structures, pursuant to Article VII,
Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
k. Attached wireless communications facilities, pursuant to Article VII, Division
16, Section 9.5-434.4 Cd) "Attached Wireless Communications Facilities".
(2) Minor conditional uses:
c. Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 Ce) "Stealth Wireless
Communications Facilities".
d. Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-434.4
Cf) "Satellite Earth Stations".
Wireless Communications Facility Ordinance
Page 34
July 21, 1999
(3) The following uses are permitted as major conditional uses in Commercial Fishing
Special District 5 subject to the standards and procedures set forth in article III,
division 3, section 9.5-61 et seq.:
b. New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 (a) "New Antenna-Supporting Structures".
(f) CFSD 6 (Located on Boca Chica)
(1) As of right:
c. Replacement of an existing antenna-supporting structure pursuant to Article
VII, Division 16, Section 9.5-434.4 (b) "Replacement of an Existing Antenna-
Supporting Structure".
d. Collocations on existing antenna-supporting structures, pursuant to Article VII,
Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
e. Attached wireless communications facilities, pursuant to Article VII, Division
16, Section 9.5-434.4 (d) "Attached Wireless Communications Facilities".
(2) Minor conditional uses:
c. Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
d. Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-434.4
(f) "Satellite Earth Stations".
(3) Subject to navigational marking of channels, as a major conditional use:
a. New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 (a) "New Antenna-Supporting Structures".
(g) CFSD 7 (Located on Boca Chica)
(1) As of right:
j. Replacement of an existing antenna-supporting structure pursuant to Article
VII, Division 16, Section 9.5-434.4 (b) "Replacement of an Existing Antenna-
Supporting Structure".
Wireless Communications Facility Ordinance
Page 35
July 21,1999
k. Collocations on existing antenna-supporting structures, pursuant to Article VII,
Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
1. Attached wireless communications facilities, pursuant to Article VII, Division
16, Section 9.5-434.4 (d) "Attached Wireless Communications Facilities".
(2) Minor conditional use:
c. Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
d. Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-434.4
(1) "Satellite Earth Stations".
(3) Major conditional use:
b. New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 (a) "New Antenna-Supporting Structures".
(q) CFSD 17 (Located on Old Boca Chica Road)
(3) Uses as of right:
a. Replacement of an existing antenna-supporting structure pursuant to Article
VII, Division 16, Section 9.5-434.4 (b) "Replacement of an Existing Antenna-
Supporting Structure".
b. Collocations on existing antenna-supporting structures, pursuant to Article VII,
Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
c. Attached wireless communications facilities, pursuant to Article VII, Division
16, Section 9.5-434.4 (d) "Attached Wireless Communications Facilities".
(4) Minor conditional uses:
a. Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
b. Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-434.4
(f) "Satellite Earth Stations".
(5) Major conditional use:
Wireless Communications Facility Ordinance
Page 36
July 21, 1999
a. New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 (a) ''New Antenna-Supporting Structures".
Sec. 9.5-248 Mixed Use District (MU).
(a) As of right uses:
(13) Replacement of an existing antenna-supporting structure pursuant to Article
VII, Division 16, Section 9.5-434.4 (b) "Replacement of an Existing Antenna-
Supporting Structure".
(14) Collocations on existing antenna-supporting structures, pursuant to Article
VII, Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
(15) Attached wireless communications facilities, pursuant to Article VII,
Division 16, Section 9.5-434.4 (d) "Attached Wireless Communications
Facilities" .
(b) Minor conditional uses:
(11) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
(c) Major conditional uses:
(10) New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 (a) "New Antenna-Supporting Structures".
(11) Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-
434.4 (f) "Satellite Earth Stations".
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, Section 9.5-434.4 (b) "Replacement of an Existing Antenna-
Supporting Structure".
(11) Collocations on existing antenna-supporting structures, pursuant to Article
VII, Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
Wireless Communications Facility Ordinance
Page 37
July 21, 1999
(12) Attached wireless communications facilities, pursuant to Article VII,
Division 16, Section 9.5-434.4 (d) "Attached Wireless Communications
Facilities" .
(13) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
(14) Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-
434.4 (f) "Satellite Earth Stations".
(b) Minor conditional uses:
(3) New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 (a) "New Antenna-Supporting Structures".
Sec. 9.5-250 Maritime Industries District (MI).
(a) As of right uses:
(11) Replacement of an existing antenna-supporting structure pursuant to Article
VII, Division 16, Section 9.5-434.4 (b) "Replacement of an Existing Antenna-
Supporting Structure".
(12) Collocations on existing antenna-supporting structures, pursuant to Article
VII, Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
(13) Attached wireless communications facilities, pursuant to Article VII,
Division 16, Section 9.5-434.4 (d) "Attached Wireless Communications
Facilities" .
(14) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
(15) Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-
434.4 (f) "Satellite Earth Stations".
(b) Minor conditional uses:
(3) New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 (a) ''New Antenna-Supporting Structures".
Sec. 9.5-251 Military Facilities District (MF).
Wireless Communications Facility Ordinance
Page 38
July 21, 1999
(a) As of right uses:
(10) Replacement of an existing antenna-supporting structure pursuant to Article
VII, Division 16, Section 9.5-434.4 (b) "Replacement of an Existing Antenna-
Supporting Structure".
(11) Collocations on existing antenna-supporting structures, pursuant to Article
VII, Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
(12) Attached wireless communications facilities, pursuant to Article VII,
Division 16, Section 9.5-434.4 (d) "Attached Wireless Communications
Facilities" .
(13) Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-
434.4 (f) "Satellite Earth Stations".
(b) The following uses are permitted as minor conditional uses in the Military Facilities
District, subject to the standards and procedures set forth in article II, division 3:
(12) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
(c) Major conditional uses:
(2) New antenna-supporting structures, pursuant to Article VII, Division 16,
Section 9.5-434.4 (a) "New Antenna-Supporting Structures".
Sec. 9.5-252 Airport District
(e) The following uses are permitted as of right in the Airport District, subject to the
standards and procedures set forth in article II, division 3:
(1) Collocations on existing antenna-supporting structures, pursuant to Article
VII, Division 16, Section 9.5-434.4 (c) "Collocations on an Existing Antenna-
Supporting Structure".
(f) The following uses are permitted as minor conditional uses in the Airport District,
subject to the standards and procedures set forth in article II, division 3:
(1) Attached wireless communications facilities, pursuant to Article VII, Division
16, Section 9.5-434.4 (d) "Attached Wireless Communications Facilities".
(2) Satellite earth stations, pursuant to Article VII, Division 16, Section 9.5-434.4
(f) "Satellite Earth Stations".
Wireless Communications Facility Ordinance
Page 39
July 21, 1999
'. .
(e) The following uses are permitted as major conditional uses in the Airport District,
subject to the standards and procedures set forth in article II, division 3:
(1) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
Sec. 9.5-253 Park and Refuge District
(c) The following uses are permitted as major conditional uses in the Park and Refuge
District, subject to the standards and procedures set forth in article III division 3:
(1) Stealth wireless communications facilities, as accessory uses, pursuant to
Article VII, Division 16, Section 9.5-434.4 (e) "Stealth Wireless
Communications Facilities".
Wireless Communications Facility Ordinance
Page 40
July 21, 1999
Section 3. Severability. 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 4. Conflict. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 5. Effective date. This ordinance shall take effect upon adoption by the
Monroe County Board of County Commissioners, or no later than 12:00 am on
September 13, 1999.
Section 6. The Clerk of the Board is hereby directed to transmit a certified copy
of this ordinance to the Planning Department.
Section 7. The Planning Department is hereby directed to transmit a certified
copy of this ordinance to the Florida Department of Community Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of the Board held on the 21 st day of July, 1999.
Mayor Harvey yes
Mayor Pro Tem Freeman yes
Commissioner Reich yes
Commissioner Williams yes
Commissioner Neugent yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. .. ~\
By~.\\~J~_._.~~ ~
MAYOR HARVEY
A.. ,T1:ESl::...DANNk:HAGE, CLERK
./~.~.- L
~Y CLERK
Wireless Communications Facility Ordinance
Page 41
July 21, 1999
~annp ll. ItolfJage
BRANOi OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33OSO
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF lHE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
August 13, 1999
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 028-
1999 amending Article VII Division 16 of the Monroe County Land
Development Regulations, Section 9.5-232 through .5-253,
permitted uses; and Section 9.5-434, to establish Regulations and
Standards for the Zoning and Management of Wireless
Communications Facilities within unincorporated Monroe County;
Providing for severability; Providing for the repeal of all
Ordinances inconsistent herewith; Providing for incorporation
into the Monroe County Code of Ordinances; and providing an
effective date.
This Ordinance was adopted by the Monroe County Board of
County Commissioners at a Regular Meeting in formal session on
July 21, 1999. Please file for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
&a-Wc. ~~
Deputy Clerk
cc: Municipal Code Corporation
Board of County Commissioners
Growth Management Director
County Administrator
County Attorney
Public Safety Director
File ".
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MUNiCIPf`,t. CODE CORPORATION / --•
Customer Service �/' ��i`�,'`` f �.S.POSin`�_?=
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PO AG:; 2`2c`,7 4 w AUG 20'99 n t a':<4 `�
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Supplement 57
Ut3i19r'ig93 �f"C 68560,1jl —�".
We have received the follouinq material.
Thank you for your assistance and cooperation.
Ordinance Nos. 020-1999 and 030-199).
I-BOO-262-263S (National) SAC TO: . neSantis
Let us put your minutes on computer for you... Ns. Isabel Deputy Clerk C
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
OffIce of !be Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Libra'y and Inf01'l1llllion Services
Division of Licensing
MEMBER OF TIlE FLORIDA CABINET FWRIDA DEPARfMENT OF STATE
Katherine Harris
Secretary of State
DMSION OF ELECTIONS
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County PreservatiOll Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee PreservatiOll Board
Historic TampaIHillsborough County
PreservatiOll Board
RINGLING MUSEUM OF ART
August 17, 1999
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
letter dated August 13, 1999 and certified copy of Monroe County Ordinance No.
028-1999, which was filed in this office on August 16, 1999.
s~~&
Liz Cloud, Chief
Bureau of Administrative Code
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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.t1.us . E-Mail: election@mail.dos.state.f1.us
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Wilhelmina Harvey, Dist. I
Mayor Pro Tern Shirley Freeman, Dist. 3
Commissioner George Neugent, Dist. 2
Commissioner Nora Williams, Dist. 4
Commissioner Mary Kay Reich, Dist. 5
October 28, 1999
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Municipal Code Corporation
Supplement Department
1700 Capitol Circle, SW
Tallahassee,FL 32310
RE: Monroe County Ordinance No. 028-1999
Wireless Communications Facility Ordinance
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ATIN: Ms. Evelyn Jefferson
Dear Ms. Jefferson:
Enclosed is a copy of Monroe County Ordinance 028-1999 amending Article VII
Division 16 of the Monroe County Land Development Regulations, Sections 9.5-232
through 9.5-253, permitted uses; and Section 9.5-434, regarding the Wireless
Communications Facilities.
This ordinance was adopted by the Monroe County Board of County Commissioners on
July 21, 1999 and was transmitted to the Department of Community Affairs for review
on August 16, 1999. We received confIrmation from DCA that Final Order DCA99-0R-
189, dated September 14, 1999, approved the ordinance and that it became effective on
October 15, 1999.
I am fozwarding this ordinance and its corresponding Land Development Regulations to
you for incorporation into the Monroe County Code. If you have any questions, please
call me at (305) 289-2517. Thank you for your assistance.
Sincerely,
oUeen Gardner, Executive Assistant
Growth Management Division
Enclosure
1
cc: Board of County Commissioners
Danny L. Kolhage, Clerk
James L. Roberts, County Administrator
James T. Hendrick, County Attorney
Timothy J. McGarry, Director of Growth Management
Garth C. Coller, Land Use Attorney
K. Marlene Conaway, Director of Planning
Ralph Gou1dy, Director of Environmental Resources
Kim Ogren, Sr. Administrator, Comprehensive Plan
Chad Meadows, Senior Planner
Graphics Coordinator
2
DCA Final Order No. DCA99-0R-189
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
INRE:
MONROE COUNTY LAND
DEVELOPMENT REGULA nONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 028-1999
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuantto ~~ 380.05(6) and(II), Fla. Stat. (Supp. 1998), and 380.0552(9), Fla. Stat. (1997), which
require the Department to enter a final order approving or rejecting land development regulations
adopted by Monroe County. This Final Order rejects in part and approves the remainder of Monroe
County Ord. No. 028-1999 as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a unit of government within the Florida Keys Area.
2. On August 16, 1999, the Department received for review Monroe County Ordinance
No. 028-1999 (regarding the siting and design of wireless communication facilities/towers) which
was adopted by the Monroe County Board of County Commissioners on July 21, 1998 ( "Ord. 028-
1999). Ord. 028-1999 amends Article VII, Divisions 2 and 16, of the Monroe County Land
Development Regulations, as codified at Sections 9.5-232 through 9.5-253 and Section 9.5-434 of
the Monroe County Code (the "County Code"). The substance of Ord. 028-1999 is set forth in
Sections I and 2.
3. Section 1 of Ord. 028-1999 amends Article VII of the County Code, Division 16
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DCA Final Order No. DCA99-0R-189
entitled "WIRELESS COMMUNICATION FACILITIES" by setting forth development standards
for various types of wireless communication facilities: "New Antenna Supporting Structures,"
"Replacement of an Existing Antenna-Supporting Structure," "Collocations on an Existing Antenna-
Supporting Structure," "Attached Wireless Communication Facilities," "Stealth Wireless
Communication Facilities," and "Satellite Earth Stations."
4. Section 2 of Ord. 028-1999 amends Article VII of the County Code, Division 2
entitled "STANDARDS FOR ZONING DISTRICTS" by amending the 'As of right uses,' 'Minor
conditional uses,' and the' Major conditional uses' allowed in many land use districts, including the
'Native Area' land use district.
5. Other than Satellite Earth Stations (which may not exceed 35 feet in height), there
are no height limitations for new wireless communication facilities/towers. Self-supporting
facilities/towers may include guy wires or other stabilization devices. Ord. 028-1999 permits new
wireless communication facilities/towers in several land use districts, including all urban and sub
urban commercial, industrial, and mixed-use districts.
6. According to the County Code, the purpose of the 'Native Area' land use district "is
to establish areas that are undisturbed with the exception of existing solid waste facilities and
because of their sensitive environmental character should be preserved in their natural state." Sec.
9-5.210. However, Ord. 028-1999 also permits both "new-antenna-supporting structures" and
"stealth wireless communication facilities" to be located within the 'Native Area' land use district,
Sec.9.5-434.4(a), 9.5-434.4(e), Sec. 9.5-239(b)(5), and Sec. 9.5-239(c)(4), which areas may include
areas containing wetlands, uplands, native vegetation and protected habitat. The use of guy wires,
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DCA Final Order No. DCA99-0R-189
for example, in the critical nesting and resting sites of local bird population can cause adverse
impacts to those populations and is contrary to Obj ective 207.9 of the County's Comprehensive Plan.
7. Additionally, Sec. 9.5-434.4.(a)(2)f.2.(v) of Ord. 028-1999 provides that areas
covered with pea stone ofless than one inch in diameter shall not be considered as development area
for the purpose of determining setbacks and open space requirements. The effect of this would be
that any driveway, access, or parking area consisting of gravel (less than one inch in diameter)
would not be considered "development." Gravel roads, for example, would disrupt the flow of water
and impact tidal exchange, and will impact the natural hydro logic regime that occurs within
wetlands. This provision is further inconsistent with Policies 204.2.1, 204.2.2 and 204.2.3 of the
County's Comprehensive Plan.
CONCLUSIONS OF LAW
1. The Department is required to approve or reject any and all land development
regulations that are enacted, amended or rescinded by any unit of government in the Florida Keys
Area within 60 days of receipt by the Department. SS 380.05(6) and (11), Fla. Stat. (Supp. 1998),
and 380.0552(9), Fla. Stat. (1997).
2. Monroe County is a unit of government within the Florida Keys Area. S 380.0552
(1997) and Rule 28-29.002 (superseding Chapter 27F-8) and Chapter 28-30, Fla. Admin. Code.
3. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development of land. S 380.031 (8), Fla. Stat. (Supp. 1998). The
regulations adopted by Monroe County Ordinance No. 028-1999 are land development regulations,
as defined by the statute.
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DCA Final Order No. DCA99-0R-189
4. All land development regulations enacted, amended or rescinded by Monroe County
must be consistent with the Principles for Guiding Development. ~ 380.0552(7), Fla. Stat.; see
Rathkamp v. Department of Community Affairs, 21 F .A.L.R. 1902 (Dec. 4, 1998), aff'd, 24 Fla. L.
Weekly. D1807 (Fla. 3d DCA Aug. 24, 1999). In reviewing the land development regulations for
consistency, the Principles shall be construed as a whole and no specific provision shall be
construed or applied in isolation from the other provisions. ~ 380.0552(7), Fla. Stat. (1997).
5. The Department has reviewed all provisions of Ord. 028-1999 for consistency with
the Principles for Guiding Development. Paragraphs (g), (h), (i), and (j) of the Principles do not
apply to Ord. 028-1999.
6. The first Principal for Guiding Development proscribes: "To strengthen local
government capabilities for managing land use and development so that local government is able to
achieve these objectives without the continuation of the area of critical state concern designation."
~ 380.0552(7)(a) (1997). It follows, a fortiori, that any land development regulation proposed by
Monroe County that is inconsistent with its own comprehensive plan undermines its capability to
manage land use and development. Rathkamp, supra. Moreover, a local government in the Florida
Keys Area which adopts land developments which are inconsistent with its comprehensive plan
cannot achieve the objectives described in the other Principles for Guiding Development [paragraphs
(b) through (1)], and should reasonably expect that the area of critical state concern designation will
continue. Id. Therefore, land development regulations must also be reviewed for consistency with
the County's Comprehensive Plan.
7. Here, the permitting of new wireless communication facilities/towers in the 'Native
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DCA Final Order No. DCA99-0R-189
Area' land use district is not consistent with the Principles for Guiding Development as a whole.
Specifically, this is not consistent with paragraph (a) of the Principles to the extent that it is
inconsistent with the referenced goals and policies of the Comprehensive Plan and regulations
thereunder. This is also is not consistent with paragraphs (b), (c) and (1) of the Principles due to
adverse impacts to the natural and unique resources of the Florida Keys. Such facilities and towers
will not enhance the natural and scenic vistas of the Florida Keys or promote the aesthetic benefits
of the environment pursuant to paragraph (f) of the Principles. ~ 380.0552(7)(a), (b), (c), (f) and
(1), Fla. Stat. Additionally, based on the findings and reasoning above, the parenthetical phrase in
Sec. 9.5-434.4.(a)(2)f.2.(v) ofOrd. 028-1999 (regarding pea stone ofless than a certain size being
excluded as development) is not consistent with the Principles for Guiding Development as a whole,
and specifically with paragraphs (a), (b), (c), and (e) of the said Principles. ~ 380.0552(7) (a), (b),
(c), and (e), Fla. Stat. Accordingly, the following provisions of Ord. 028-1999 are deemed not
consistent with the Principles for Guiding Development:
.
Sec. 9.5-434.4(a) (Table entitled "New Antenna-Supporting Structures" on
Page II of Ord. 028-1999, referring to the "X" marked on the row for the
'Native Area' land use district);
.
Sec. 9.5-434.4(e) (Table entitled "Stealth Wireless Communications
Facilities" on Page 24 ofOrd. 028-1999, referring to the "X" marked on the
row for the 'Native Area' land use district);
.
Sec. 9.5-239(b)(5) (entire sub-section);
.
Sec. 9.5-239(c)(4) (entire sub-section); and
.
Sec. 9.5-434.4.(a)(2)f.2.(v) (entire parenthetical: "not including areas covered
with pea stone of less than one (1) inch in diameter").
Ord. 028-1999, at pages 10, 13,24,30 and 31.
5
DCA Final Order No. DCA99-0R-189
8. The Department has determined that the remainder ofOrd. 028-1999 (excluding those
provisions cited in the preceding paragraph) are consistent with the Principles for Guiding
Development as a whole. Overall, Ord. 028-1999 provides greater regulatory control over the siting
and design of wireless communication facilities/towers in furtherance of paragraph (a) of the
Principles. Further, Ord. 028-1999 advances the public safety provisions of the Principles in that
properly designed wireless communication facilities/towers will facilitate communications during
and following storm events and disasters. ~ 380.0552(7) (a), (k) and (1), Fla. Stat.
WHEREFORE, IT IS ORDERED that the following portions of Monroe County Ordinance
028-1999 are found not to be consistent with the Principles for Guiding Development found at ~
380.0552(7), Fla. Stat. (1997) and, therefore, are hereby REJECTED:
· Sec. 9.5-434.4(a) (Table entitled "New Antenna-Supporting Structures" on
Page 11 of Ord. 028-1999, referring to the "X" marked on the row for the
'Native Area' land use district);
· Sec. 9.5-434.4(e) (Table entitled "Stealth Wireless Communications
Facilities" on Page 24 of Ord. 028-1999, referring to the "X" marked on the
row for the 'Native Area' land use district);
· Sec. 9.5-239(b)(5) (entire sub-section);
· Sec. 9.5-239(c)(4) (entire sub-section); and
· Sec. 9.5-434.4.(a)(2)f.2.(v) (entire parenthetical: "not including areas covered
with pea stone ofless than one (1) inch in diameter").
Except as referenced above, all other provisions of Monroe County Ordinance 028-1999 are
found to be consistent with the Principles for Guiding Development found at ~ 380.0552(7), Fla.
Stat. (1997) and are hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly
6
DCA Final Order No. DCA99-0R-189
unless a petition is filed as described below.
DONE AND ORDERED this Il{fl-\ day of September, 1999, in Tallahassee, Florida.
J.~~~
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FORAN ADMINISTRATIVE PROCEEDING PURSUANT
TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S ACTION.
DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT
IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU ARE
ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND CHAPTER
28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN INFORMAL
ADMINISTRA TIVE PROCEEDING, YOU MAYBE REPRESENTED BY COUNSEL OR BY A
QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL
EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT; OR
YOU MA Y EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT
CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS CHOSEN TO
JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MA TERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MA Y FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE
HEARING BEFORE AN ADMINISTRATIVE LA W JUDGE OF THE DIVISION OF
ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1),
FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAYBE
REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENT A TIVE, AND YOU
WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL
THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL
7
DCA Final Order No. DCA99-0R-189
EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE
EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING,
YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMUNITY
AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE
PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A
PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK, IN THE
DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD OAK BOULEVARD,
TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-106.104(2),
FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED,
THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-106.301,
FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE
PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-1 06.20 1 (2), FLORIDA
ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE
28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT
AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING
OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY
CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER.
8
DCA Final Order No. DCA99-0R-189
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true ~d correct copies have been furnished to the
persons listed below by the method indicated this~'5 --:-. of Septe ber, 1999.
, at { {;__ l- ; C
Paula Ford
Agency Clerk
By U.S. Mail:
Hon. Wilhelmina Harvey
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
FILING AND ACKNOWLEDGEMENT
FILED, on this date, with the designated
~ency ,receipt of which is hereby
ac wi ..
, L.(,L~
Paula P. Ford
~ency Clem
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Acting Director of Planning
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Bv Hand Delivery or Interagencv Mail:
Michael McDaniel, Growth Management Administrator, DCA Tallahassee
Geoffrey T. Kirk, Assistant General Counsel, DCA Tallahassee
Mike Des Parte, Florida Keys Field Office, DCA Marathon
9