Item D2 Chapter 146Monroe County Comprehensive Plan Update
Chapter 146 WIRELESS COMMUNICATIONS FACILITIES
Sec. 146 -1. Purpose and Untent.
The purposes and intent of this chapter are to:
(1) Promote the health, safety and general welfare of the public by regulating the siting of
wireless communication facilities, including satellite earth stations;
(2) Minimize the impacts of wireless communication facilities on surrounding areas by
establishing standards for location, structural integrity and compatibility;
(3) Encourage the location and collocation of wireless communication equipment on existing
structures thereby minimizing new visual, aesthetic and public safety impacts, effects
upon the natural environment and wildlife, and to reduce the need for additional antenna -
supporting structures;
(4) Accommodate the growing need and demand for wireless communication services;
(5) Encourage coordination among suppliers of wireless communication services in the
county;
(6) Protect the character, scale, stability, and aesthetic quality of the residential districts of
the county by imposing certain reasonable restrictions on the placement of certain
satellite earth stations;
(7) Respond to the policies embodied in the Telecommunications Act of 1996 in such a
manner as not to unreasonably discriminate between providers of functionally equivalent
personal wireless service or to prohibit or have the effect of prohibiting personal wireless
service in the county;
(8) Establish predictable and balanced regulations governing the construction and location of
wireless communications facilities, within the confines of permissible local regulation;
and
(9) Establish review procedures to ensure that applications for wireless communications
facilities are reviewed and acted upon within a reasonable period of time.
Sec. 146 -2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Ancillary structures means forms of development associated with a wireless communications
facility, including, but not limited to: foundations, concrete slabs on grade, guy wire anchors,
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generators, and transmission cable supports; however, specifically excluding equipment
enclosures.
Antenna means any apparatus designed for the transmitting and/or receiving of electromagnetic
waves that 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 and TV), yaggie, or parabolic (dish) antennas.
Antenna array means a single or group of antennas and their associated mounting hardware,
transmission lines, or other appurtenances that share a common attachment device such as a
mounting frame or mounting support.
Antenna - supporting structure means a vertical projection composed of metal, wood, or other
substance with or without a foundation that is for the express purpose of accommodating
antennas at a desired height above grade. Antenna- supporting structures do not include any
device used to attach antennas to an existing building, unless the device extends above the
highest point of the building by more than 20 feet.
Anticlimbing device means pieces of equipment that are either attached to antenna - supporting
structure, or which are freestanding 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.
Attached wireless communication facility means an antenna or antenna array that is attached to
an existing building with any accompanying pole or device that 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 principal use on a site.
Collocation means a situation in which two or more different wireless communication service
providers place wireless communication antenna on a common antenna- supporting structure. The
term collocation includes combined antennas. The terms collocation and combined antenna shall
not be applied to a situation where two or more wireless communications service providers
independently place equipment on an existing building.
Combined antenna means an antenna or antenna array designed and used to provide services for
more than one carrier.
Conical zone means an area that extends outward from the outer edge of the horizontal zone with
a radius distance equivalent to 5,280 feet.
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 accessways.
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Eligible facilities reguest means anv request for modification of an existing wireless tower or
base station (antenna - supporting structure) that involves collocation of new transmission
ee uipment, removal of transmission equipment, or replacement of transmission equipment.
IU.S.C. Section 1455(a)l.
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.
FAA means the Federal Aviation Administration.
FCC means the Federal Communications Commission.
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.
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 that are connected to
anchors placed in the ground or on a building.
Horizontal zone means an area longitudinally centered on the perimeter of a private airport's
runway that extends outward from the edge of the primary surface a distance equivalent to 5,280
feet.
Lattice means a style of antenna- supporting structure that consists of vertical and horizontal
supports with multiple legs and cross - bracing, and metal crossed strips or bars to support
antennas.
Monopole means a style of freestanding antenna- supporting structure that is composed of a
single shaft usually composed of two or more hollow sections that 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 that
rests on or in the ground or on a building's roof.
Personal wireless service means commercial mobile services, unlicensed wireless services, and
common carrier wireless exchange access services, as defined in the Telecommunications Act of
1996.
Primary surface means the area extending a distance of 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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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.
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.
Replacement means the construction of a new antenna- supporting structure built to replace an
existing antenna- supporting structure.
Satellite earth station means a single or group of satellite parabolic (or dish) antennas. These
dishes are mounted to a supporting device that may be a pole or truss assembly attached to a
foundation in the ground, or in some other configuration. A satellite earth station may include the
associated separate equipment enclosures necessary for the transmission or reception of wireless
communications signals with satellites.
Stealth wireless communications facility means a wireless communications facility, ancillary
structure, or equipment enclosure that is not readily identifiable as such, and is designed to be
aesthetically compatible with existing and proposed uses on a site. A stealth facility may have a
secondary function, including, but not limited to, the following: church steeple, bell tower, spire,
clock tower, cupola, light standard, flagpole with a flag, etc.
Wireless communications facility (WCF) means any staffed or unstaffed facility for the
transmission and/or reception of radio frequency signals, or other wireless communications, and
usually consisting of an antenna or group of antennas, transmission cables, and equipment
enclosures, and may include an antenna- supporting structure. The following developments shall
be considered as a wireless communication facility: developments containing new or existing
antenna- supporting structures, public antenna- supporting structures, replacement antenna -
supporting structures, collocations on existing antenna- supporting structures, attached wireless
communications facilities, stealth wireless communication facilities, and satellite earth stations.
Wireless communications means any personal wireless service, which includes, but is not limited
to, cellular, personal communication services (PCS), specialized mobile radio (SNM), enhanced
specialized mobile radio (ESMR), and paging. Wireless communications also includes radio and
television broadcast services and other radio frequency signals, including those transmitted or
received by a satellite earth station.
Sec. 146 -3. Applicability.
(a) Except as provided for in subsection (b) of this section, this chapter shall apply to
development activities including installation, construction, or modification to the following
wireless communications facilities:
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(1) Existing antenna- supporting structures;
(2) Proposed antenna- supporting structures;
(3) Public antenna- supporting structures;
(4) Replacement of existing antenna- supporting structures;
(5) Collocation on existing antenna- supporting structures;
(6) Attached wireless communications facilities;
(7) Stealth wireless communications facilities;
(8) Satellite earth stations; and
(9) Noncommercial amateur, ham radio, or citizen's band antenna- supporting structures with
heights greater than 70 feet.
(b) The following items are exempt from the provisions of this chapter, notwithstanding the
provisions contained in e- Chapter 6:
(1) Amateur radio antennas as provided in F.S. § 125.561;
(2) Satellite earth stations that are one meter or less in diameter and which are not greater
than 35 feet above grade;
(3) Satellite earth stations that are two meters or less in diameter and that are located or
proposed to be located in the following land use (zoning) districts: C1, C2, I, MI, SC, and
UC;
(4) Regular maintenance of any existing wireless communications facility that does not
include the placement of a new wireless communications facility;
(5) The substitution or change of existing antennas or other equipment on an existing
antenna- supporting structure, provided the substituted antennas or equipment do not
diminish the structural capacity of the antenna- supporting structure, and provided such
change does not increase the overall height of the structure;
(6) Any existing or proposed antenna- supporting structure with an overall height of 70 feet or
less above ground level; and
(7) A wireless communications facility, upon the declaration of a state of emergency by
federal, state, or local government, and a written determination of public necessity for the
facility by the dDirector of pPublic 6&fety; except that such facility must comply with all
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federal and state requirements. No wireless communications facility shall be exempt from
the provisions of this chapter beyond the duration of the state of emergency.
Sec. 146 -4. Uses by Eland ttUse 4District.
(a) Pursuant to EChapter 130, eArticle III, and except as provided in subsection (b) of this
section, no wireless communications facility shall be permitted in a particular land use
( zoning) district except in accordance with the table below:
Land Use
District
New
Antenna
Supporting
Structure
Replacement
of Existing
Antenna
Supporting
Structure
Collocation
As
ccessory Use Onl
Attached
Facility
Stealth
Facility
Satellite
Earth
Station
AD
Prohibited
As -of-
ri htMifw
As -of -right
Minor
Minor
As -of -right
CI
Major
As-of-right
As-of-right
As-of-right
As-of-right
As-of-right
C2
Major
As-of-right
As-of-right
As-of-right
As-of-right
As-of-right
CD
Prohibited
Prohibited
As-of-right
Prohibited
Prohibited
Minor'
CFA
Major
As-of-right
As-of-right
Minor
Minor
Minor'
CFS'
Prohibited
Prohibited
As-of-right
Prohibited
Prohibited
Minor'
CFS
Major
As-of-right
As-of-right
As-of-right
Minor
Minor'
CFV
Prohibited
As -of-
ri htMiaeF
As -of -right
Minor
Minor
Minor'
DR
Major
As-of-right
As-of-right
As-of-right
As-of-right
As-of-right
I
Minor
As-of-right
As -of -ri ht
As-of-right
As-of-right
As-of-right
IS
Prohibited
Prohibited
As-of-right
Prohibited
Major
minor
MF
Major
As-of-right
As-of-right
As-of-right
As -of -ri ght
As-of-right
MI
Minor
As-of-right
As-of-right
As-of-right
As-of-right
As-of-right
MN
Prohibited
Prohibited
As-of-right
Prohibited
Prohibited
Minor'
MU
Major
As-of-right
As-of-right
As-of-right
As -of -ri ht
Minor'
NA
Prohibited
As-of-right
As-of-right
Minor
Minor
Minor'
OS
Prohibited
Prohibited
As-of-right
Prohibited
Prohibited
Minor
PR
Prohibited
As -of-
ri htM4r.ff
As -of -right
As -of -right
Minor
As -of -right
RV
Prohibited
As -of-
ri htMieeF
As -of -right
Minor
Minor
Minor
SC
Major
As-of-right
As-of-right
As-of-right
As-of-right
As-of-right
SR
Prohibited
As -of-
ri htM4neF
As -of -right
Prohibited
Minor
Minor
SR -L
Prohibited
As -of-
ri htll4ieeF
As -of -right
Prohibited
Minor
Minor
SS
Prohibited
Prohibited
As-of-right
Prohibited
Minor
Minor
UC
Major
As-of-right
As-of-right
I As-of-right
As-of-right
As-of-right
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UR
Prohibited
As -of-
r117htM -rHer
As -of -right
As -of -right
Minor
Minor'
URM
Prohibited
As -of-
ri htM+ffe+
As -of -right
Prohibited
Minor
Minor'
URM -L
Prohibited
As -of-
ri eht -i�ef
As -of -right
Prohibited
Minor
Minor'
PD
Prohibited
Prohibited
Prohibited
Prohibited
Prohibited
Prohibited
1 Includes the following commercial fishing special districts: 1, 2, 8, 12, 13, 16 and 20.
z Includes the following commercial fishing special districts: 4, 5, 6, 7 and 17.
' Satellite earth stations proposed in this land use (zoning) district that are less than 2.0 meters in
diameter shall be allowed as-of-right.
(b) Within the following districts, new antenna- supporting structures may be permitted as a
major conditional use, provided that the antenna- supporting structure is owned by the county
and is used exclusively for nonproprietary public safety communications: CD, MN, OS, and
PR.
Sec. 146 -5. Development sStandards.
These standards shall apply to the following types of wireless communications facilities:
(1) New antenna supporting structures.
a. Approval criteria for new antenna- supporting structures.
1. Setbacks.
(i) New antenna- supporting structures and the associated ancillary structures are
not considered as utilities, and therefore must meet the environmental design
criteria related to wetland setbacks pursuant to�Sections 118 -7 and 118 -10
(ii) Any new antenna- supporting structures, equipment enclosures and ancillary
structures shall meet the minimum setback requirements for the land use
( zoninO district where they are located pursuant to Chapter 131 of this
LQC,se . 1 30 14
(iii) New antenna- supporting structures constructed on properties that are
contiguous to the IS, SR, UR or URM zones shall be set back from these
zones a distance equal to of 110nt (110 the overall
height of the antenna - supporting structure and antennas and
(iv) New antenna- supporting structures shall be set back from the right -of -way of
U.S. Highway 1 a distance equal to e -half 1 39 -p the overall
height of the antenna - supporting structure and an
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2. Height. The overall combined height of any antenna- supporting structure and any
antenna() attached thereto shall not be greater than 199 feet unless allowed by a
variance approved pursuant to Section 146 -7
3. Construction. New antenna - supporting structures shall have a monopole type
construction only, and shall not be guyed or have a lattice type construction;
except that AM broadcast facilities may have a guyed type construction.
4. Structural integrity.
(i) The entire antenna- supporting structure and all appurtenances shall be
designed pursuant to the wind speed design requirements of ASCE 7 -1095,
including any subsequent modification to those specifications;
(ii) A new antenna - supporting structure shall be designed to accommodate the
wireless communications equipment of other wireless communication service
providers. The exact amount of additional equipment to be accommodated
shall be agreed upon during a pre - application conference and recorded in the
letter of understanding (LOU) resulting from the conference; and
(iii) The antenna - supporting structure shall be designed to ensure that, in the event
of structural failure, the facility will collapse within the boundaries of the
prope on which the facility is located. All owners of approved antenna -
suppo�g structures aointly Rd severally liable and responsible for any
5. Lighting.
(i) Except as provided in subsection (1)a.5.(ii) of this section, no lights, signals, or
other illumination shall be permitted on any wireless communications facility
or ancillary structure unless the applicant demonstrates that lighting is
required by the FAA or the FCC.
(ii) Lighting may be placed in association with an approved equipment enclosure,
but shall be placed only in accordance with the provisions of oSections 12 -116
and 114 -162. Lighting associated with an equipment enclosure shall remain
unlit except when authorized personnel are present.
6. Collocation and combined antennas.
(i) No antenna- supporting structure shall be permitted unless the applicant
demonstrates that no existing wireless communications facility can
accommodate the applicant's proposed facility through either collocation or a
combined antenna; or that use of such existing facilities would prohibit
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personal wireless services in the area of the county to be served by the
proposed antenna - supporting structure.
(ii) Evidence submitted to demonstrate that no existing wireless communications
facility could accommodate the applicant's proposed facility through either
collocation or a combined antenna may consist of any of the following:
(AA) No existing wireless communications facilities located within the
geographic area meet the applicant's engineering requirements;
(BB) Existing wireless communications facilities are not of sufficient height
to meet the applicant's engineering requirements;
(CC) Existing wireless communications facilities do not have sufficient
structural strength to support the applicant's proposed wireless
communications facilities and related equipment; or
(DD) The applicant demonstrates that there are other limiting factors that
render existing wireless communications facilities unsuitable.
7. Color. New antenna- supporting structures shall maintain a galvanized gray finish
or other accepted contextual or compatible color, except as required by federal
rules or regulations.
8. Radio frequency emissions. The radio frequency emissions shall comply with FCC
standards for such emissions.
9. Intensity requirements.
(i) 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
(ii) The following shall be considered as development area and shall be required
to meet the setbacks and open space ratio requirements for the land use
( zoning) district and/or habitat where they are located:
(AA) The area beneath all equipment enclosures;
(BB) The area of the antenna- supporting structure foundation at or above
grade;
(CC) The area beneath ancillary structures, excluding that which is beneath
guy wires (if applicable); and
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(DD) The area inside the antenna- supporting structure framework.
10. Security. Fencing, in accordance with sSection 114 -20, and/or anticlimbing
devices shall be required to preserve security on wireless communication
facilities.
11. Landscaping. Landscaping and/or screening in the form of at least a class D buffer
as drawn in the class D bufferyard figure in sSection 114 -128 shall be required
around the development area.
12. Signage. The only signage that is permitted upon an antenna- supporting structure,
equipment enclosure, or fence (if applicable) shall be informational, and for the
purpose of identifying the antenna- supporting structure, as well as the party
responsible for the operation and maintenance of the facility, its current address
and telephone number, security or safety signs, and property manager signs (if
applicable).
13. Aircraft obstruction. In addition to the provisions of sSection 130 -75, the overall
height of a new antenna - supporting structure located in the vicinity of a private
airport shall be limited by the following:
(i) A 35:1 glide path ratio in the horizontal zone limiting the heights of new
antenna- supporting structures to 150 feet within one statutory mile (5,280
feet) from the edge of the private airport primary surface; and
(ii) A 12:1 glide path ratio in the conical zone limiting the heights of new
antenna- supporting structures to 600 feet within one statutory mile (5,280
feet) from the edge of the horizontal zone.
14. Adverse effects on adjacent properties and compatibility with community
character.
(i) New antenna- supporting structures shall be configured and located in a manner
that is consistent with the community character of the immediate vicinity, and
shall minimize adverse effects including visual impacts on adjacent properties
pursuant to sSection 110 -67(2) and (3). The applicant shall demonstrate that
alternative locations, configurations, and facility types have been examined
and shall address in narrative form the feasibility of any alternatives that may
have fewer adverse effects on adjacent properties or that would be more
compatible with the character of the community than the facility,
configuration, and location proposed.
(ii) The following attributes shall be considered from vantage points within three
miles of the base of the proposed antenna - supporting structure:
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(AA) Height;
(BB) Mass and scale;
(CC) Materials and color; and
(DD) Illumination.
b. Submittal requirements for new antenna- supporting structure applications. The
following documents shall be submitted:
1. A completed application form and any appropriate fees;
2. Three sets of signed and sealed site plans;
3. A property card for the subject property from the county's property appraiser's
office or a tax bill showing the ownership of the subject parcel;
4. A form indicating that a property and/or antenna- supporting structure's owner's
agent has aut- horization to act upon its behalf (if applicable);
5. 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;
6. Proof of an FCC license or construction permit to transmit radio signals in the
county;
7. A stamped or sealed structural analysis of the proposed antenna- supporting
structure prepared by a licensed state engineer indicating the proposed and future
loading capacity of the antenna - supporting structure;
8. One original and two copies of a survey of the property completed by a licensed
state engineer that shows all existing uses, structures, and improvements;
9. Three copies of a vegetation survey or habitat evaluation index (HEI);
10. Photo - simulated post construction renderings of the proposed antenna- supporting
structure, equipment enclosures, and ancillary structures as they would look after
construction from locations to be determined during the pre - application
conference;
11. Proof of FAA compliance with subpart C of the Federal Aviation Regulations 14
CFR D art 77, Standards for Determining Obstructions to Air Navigation or
Navigational Aids or Facilities Objeets Affeeting Navigable AiFspaee;
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12. A signed statement from the antenna- supporting structure owner agreeing to allow
the collocation of other wireless equipment on the proposed antenna- supporting
structure;
13. If required by the United States Fish and Wildlife Service, a letter indicating that
the proposed antenna- supporting structure and appurtenances are in compliance
with all applicable federal rules and regulations; and
14. All other documentation, evidence, or materials necessary to demonstrate
compliance with the applicable approval criteria set forth in this chapter,
including where applicable:
(i) Existing wireless communications facilities to which the proposed facility will
be a handoff candidate, including latitude, longitude, and power levels of
each;
(ii) A radio frequency plot indicating the coverage of existing wireless
communications sites, and that of the proposed site sufficient to demonstrate
radio frequency search area, coverage prediction, and design radius;
(iii) A statement by a qualified professional engineer specifying the design
structural failure modes of the proposed facility; and
(iv) Antenna heights and power levels of the proposed facility and all other
facilities on the subject property.
Pre - application conference. A pre- application conference is required for any new
antenna - supporting structure. At the time a pre- application conference is held, the
applicant shall demonstrate that the following notice was mailed 15 days in advance
of the pre- application conference (via certified mail) to all interested parties,
including other wireless service providers licensed to provide service within the
county as indicated on the list of wireless service providers and interested parties
provided by th Monroe County Planning and
Environmental Resources Department
"Pursuant to the requirements of the Monroe County Land Development Regulations,
(name of provider) is hereby providing you with notice of our intent to meet with the
Monroe County Plannin and Environmental Resources Department in a pre -
application conference to discuss the location of a freestanding wireless
communications facility that would be located at (location). In general, we plan to
construct a support structure of feet in height for the purpose of providing (type of
wireless service). Please inform us and the pPlanning and Environmental Resources
dDepartment if you have any desire for placing additional wireless facilities or
equipment within two miles of our proposed facility. Please provide us with this
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Monroe County Comprehensive Plan Update
information within ten business days after the date of this letter. Your cooperation is
sincerely appreciated. Sincerely, (pre- application applicant, wireless provider)"
(2) Replacement of an existing antenna - supporting structure.
Monroe County shall approve any eligible facilities request for a modification of an
existinp, wireless tower or base station that does not substantially change the physical
dimensions of such tower or base station. The following_Puidelines address those requests
that do substantially change the physical dimensions of a tower or base station:
a. Approval criteria for replacement antenna- supporting structures. For a proposed
replacement antenna - supporting structure to be approved, it shall meet the same
approval criteria of subsections (1)a.4., 5., 7 -10., and 12. of this section, as well as
the following:
1. Setbacks.
(i) Any new equipment enclosures shall meet the minimum setback requirements
for the land use zoning)-district where they are located pursuant to Chapter
131 reefi n 130 196
(ii) Replacement antenna - supporting structure foundations (excluding guy wire
anchors) constructed on properties that are contiguous to the IS, SR, UR or
URM zones shall not be any closer to these zones than the foundation of the
original antenna- supporting structure being replaced.
(iii) Replacement antenna- supporting structure foundations (excluding guy wire
anchors) constructed on properties that are contiguous to the right -of -way of
U.S. Highway 1 shall not be any closer to such right -of -way than the
foundation of the original antenna- supporting structure being replaced.
(iv) Replacement antenna- supporting structures and the associated ancillary
structures shall meet the environmental design criteria related to wetland
setbacks pursuant to sSections 118 -7 and 118 -10 to the maximum extent
practicable.
2. Height.
(4) in the "Iewing land use distFiet&,—F antenna- supporting
structures shall not exceed the height requirements set forth in subsection
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(1)a.2. of this section, or the height of the antenna- supporting structure it is
replacing whichever is greater G! '-2 GFA DR , t Non N41 MU NA , SC
UG, andGFS distfiets -3, 4 6 7 and P
3. Construction. Subject to the height provisions of subsection (2)a.2. of this section:
(4) Replacement antenna - supporting structures with an overall height of greater
than 199 feet, may be of the same construction type as the structure being
replaced.
4. Landscaping. Landscaping and/or screening in the form of at least a class D buffer
as drawn in the class D bufferyard figure in sSection 114 -128 shall be required
around the development area to the maximum extent practicable.
b. Submittal requirements for replacement antenna- supporting structure applications. For
a proposed replacement antenna- supporting structure application to be considered
complete pursuant to sSection 110 -4, it shall contain the same submittal materials
required in subsections (I)b. 1-9., 11., 12., and 14. of this section.
(3) Collocations on an existing antenna - supporting structure.
Monroe County shall approve any eligible facilities request for a modification of an
existing wireless tower or base station that does not substantially change the physical
dimensions of such tower or base station. The following guidelines address those requests
that do substantially change the physical dimensions of a tower or base station:
a. Approval criteria for collocations on existing antenna- supporting structures. For a
collocation on an existing antenna- supporting structure to be approved, it shall meet
with the approval criteria of subsections (1)a.9., 10., and 12 of this section, as well as
the following:
1. Height. A collocation on an existing antenna- supporting structure shall not increase
the overall height of the antenna - supporting structure
2. Structural integrity. Any collocation on
shall not impair the structure's abili
requirements of ASCE 7 -1095, includi
specifications.
an existing antenna - supporting structure
y to maintain the wind speed design
ig any subsequent modification to those
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4.3. Radio frequency emissions. The applicant shall demonstrate that radio frequency
emissions comply with FCC standards for such emissions, taking into account all
collocated wireless communications facilities placed or proposed for placement
on the antenna- supporting structure.
b. Submittal requirements for collocation on an existing antenna- supporting structure
applications. For a collocation on an existing antenna- supporting structure application
to be considered complete pursuant to sSection 110 -4, it shall contain submittal
materials listed in subsections (I)b. 1-6., and 14. of this section, as well as the
following:
1. A stamped or sealed structural analysis of the existing antenna - supporting structure
prepared by a licensed state engineer indicating that the existing antenna -
supporting structure as well as all existing and proposed appurtenances can
withstand a peak wind speed gust equivalent to the original design criteria for the
antenna - supporting structure; and
2. A copy of the lease or sublease between the owner of the antenna- supporting
structure and the applicant seeking to place additional wireless equipment on the
structure. Clauses related to lease term or rent may be deleted or censored.
(4) Attached wireless communications facilities.
a. Approval criteria for attached wireless communications facilities. For a proposed
attached wireless communications facility to be approved, it shall meet with the
approval criteria listed in subsections (I )a.8., 9., and 12. of this section, as well as the
following:
1. Accessory use. An attached wireless communications facility shall be an accessory
use as defined by sSection 101 -1.
2. Height.
(i) The antenna, antenna array, attachment device, equipment enclosure and/or
any ancillary equipment shall not extend above the ground by more than 70
feet.
(ii) Existing or proposed attached wireless communications facilities that project
more than 70 feet above the ground shall be considered as an antenna -
supporting structure and subject to the provisions for these types of uses
pursuant to subsection (1) of this section.
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Construction. Attached facilities may have a guyed, lattice, or monopole type
construction, but in no case shall a lattice type construction exceed a height of ten
feet from the base of the attached facility.
4. Color. All attached antenna or antenna arrays, equipment enclosures and ancillary
equipment visible from outside the building where they are located shall be
painted so as to blend in with the building where they are placed except as
required by federal rules or regulations.
5. Screening and placement.
(i) Attached wireless communications facilities shall be screened by a parapet or
other device so as to minimize its visual impact as measured from the
boundary line of the subject property. Attached facilities shall be placed in the
center of the building where reasonably possible so as to further minimize
visual impact.
(ii) An attached wireless communications facility shall only be attached to a
commercial, industrial, hotel, multifamily, institutional, or public building.
b. Submittal requirements for attached wireless communications facility. For a proposed
attached wireless communication facility application to be considered complete
pursuant to sSection 110 -4, it shall contain submittal materials listed in subsections
(1)b.1 -6., 8., and 14. of this section.
(5) Stealth wireless communications facilities.
a. Approval criteria for stealth wireless communications facilities. Setbacks shall be in
accordance with the following provisions:
Environmental design criteria. Stealth facilities shall meet the environmental
design criteria related to wetland setbacks pursuant to sSection 118 -710.
2. Minimum setback requirements. Stealth facilities shall meet the minimum setback
requirements for the land use (zoning) district where they are located pursuant to
sSection 4-34131-196.
3. Height. Stealth wireless communications facilities shall not exceed 100 feet in
overall height.
4. Construction. No stealth wireless communications facility shall be guyed or have
lattice type construction.
5. Accessory use. A stealth facility shall be an accessory use as defined by sSection
101 -1.
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6. Structural integrity. The stealth facility shall be designed pursuant to `the wind
speed design requirements of ASCE 7 -9310, including any subsequent
modification to those specifications.
7. Aesthetics. No stealth facility, whether fully enclosed within a building or
otherwise, shall have antennas, antenna arrays, transmission lines, equipment
enclosures or other ancillary equipment that is readily identifiable from the public
domain as wireless communications equipment.
b. Submittal requirements for stealth wireless communications facilities.
For a proposed stealth wireless communications facility application to be
considered complete pursuant to sSection 110 -4, it shall contain submittal
materials listed in subsections (I)b.1-9., and 14. of this section, as well as a
photo - simulated post construction renderings of the proposed stealth facility,
equipment enclosures, and ancillary structures as they would look after
construction from the public domain.
2. For a proposed stealth wireless communications facility that is not ground -
mounted, the pPlanning Ddirector may waive certain submittal requirements to
reflect the necessary documentation required to demonstrate compliance with the
provisions of this chapter.
(6) Satellite earth stations.
a. Approval criteria for satellite earth stations. In order to advance the health, safety, and
aesthetic objectives of this chapter, and in order to protect the residential character of
certain land use zonin districts, the following restrictions shall apply:
Less than two meters. A proposed satellite earth station less than two meters in
diameter shall conform with approval criteria listed in subsections (1)a.1— and
12. of this section.
2. Greater than or equal to two meters. A proposed satellite earth station greater than
or equal to two meters in diameter, shall conform with approval criteria listed in
subsections (1)a. I., 10., and 12. of this section.
3. Height. The maximum height for any portion of a satellite earth station shall not
exceed 35 feet.
4. Landscaping. For a proposed satellite earth station that is greater than or equal to
two meters in diameter, a class A buffer shall be provided in accordance with
sSection 114 -128, between the proposed facility and any adjacent residential uses
and the public right -of -way.
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Monroe County Comprehensive Plan Update
5. Placement. The proposed satellite earth station shall not be placed in any front yard
or a side yard that is adjacent to a public right -of -way.
6. Accessory use. A satellite earth station shall be approved only as an accessory use
as defined by i&ction 101 -1.
b. Submittal requirements for satellite earth station applications.
1. For a proposed satellite earth station less than two meters in diameter, the applicant
shall submit materials required by subsections (I)b. 1-6., and 14. of this section.
2. For a proposed satellite earth station greater than or equal to two meters in
diameter, the applicant shall submit materials required by subsections (1)b.1 -6.,
9., 13., and 14. of this section.
c. Limited waiver of requirements.
1. The pPlanning dDirector may waive the requirements of this subsection (6) where
an applicant for a satellite earth station demonstrates that compliance with these
provisions will:
(i) Materially limit transmission or reception by the proposed satellite earth
station; or
(ii) Impose more than minimal costs on users of the facility.
2. However, the pPlanning dDirector may not waive any requirement to a greater
extent than is required to ensure that transmission or reception is not materially
limited and that no more than minimal costs are incurred by the user to achieve
such transmission or reception.
3. The pPlanning dDirector, in determining whether to waive certain requirements of
this subsection (6), may consider the following:
(i) The relative cost to the applicant to comply with these provisions in light of the
costs associated with the installation of the satellite earth station;
(ii) The existing conditions on the subject property, both manmade and natural;
and
(iii) The effect of a waiver on the public safety.
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Sec. 146 -6. Expert t-Review.
(a) Where due to the complexity of the methodology or analysis required to review an
application for a wireless communication facility, the pPlanning dDirector may require a
technical review by a third party expert, the costs of which shall be borne by the applicant. Third
party review is required as part of the review for any variance application submitted pursuant to
sSection 146 -7.
(b) The expert review may address any or all of the following:
(1) The accuracy and completeness of submissions;
(2) The applicability of analysis techniques and methodologies;
(3) The validity of conclusions reached;
(4) Whether the proposed wireless communications facility complies with the applicable
approval criteria set forth in this chapter; and
(5) Other matters deemed by the pPlanning dDirector to be relevant to determining whether a
proposed wireless communications facility complies with the provisions of this chapter.
(c) Based on the results of the expert review, the p !lanning dDirector may require changes to the
applicant's application or submittals.
(d) The applicant shall reimburse the eCounty within five working days of the date of receipt of
an invoice for expenses associated with the third party expert's review of the application. Failure
by the applicant to make reimbursement pursuant to this section shall abate the pending
application until paid in full.
Sec. 146 -7. Variance.
(a) This section shall not apply to applications for satellite earth stations.
(b) Except as provided in subsection (a) of this section, the planning eCommission may grant
variances from the height requirements set forth in this chapter. The pPlanning
eCommission, in granting or denying such a variance, shall consider whether the following
conditions have been met:
(1) A determination that the granting of the variance will not result in additional public
expenses that would not otherwise occur; create a nuisance; or cause fraud or
victimization of the public;
(2) A determination that the variance sought is the minimum necessary to address the need
for the variance, subsequent to exploring all reasonable siting alternatives;
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Monroe County Comprehensive Plan Update
(3) A determination that granting of the variance will not have a significant detrimental
impact on adjacent property values; and
(4) A determination that granting of the proposed variance is consistent with the purpose and
intent of this chapter.
(c) The pPlanning eCommission, in determining whether the conditions for a variance have been
met, shall consider the following factors relevant:
(1) Whether failure to grant the variance would prohibit or have the effect of prohibiting the
provision of personal wireless services;
(2) Whether failure to grant the variance would unreasonably discriminate among providers
of functionally equivalent personal wireless services;
(3) Physical characteristics of the proposed wireless communications facility for which the
variance is requested;
14) The importance to the community of the wireless communication services to be provided
if the proposed variance is granted;
(5) The compatibility of the proposed variance with adjacent land uses and the availability of
alternative sites and technologies in light of existing and permitted development in area;
(6) Whether granting of the proposed variance will obviate the need for additional new
antenna - supporting structures due to increased collocation opportunities that would not
be possible if the variance were not granted; and
(7) Whether granting of the proposed variance is necessary to ensure adequate public safety
and emergency management communications.
(d) Unless provided simultaneously as part of an application for a wireless communications
facility, any application for a variance from the height requirements set forth in this chapter shall
include the submittal requirements set forth in sSection 146- 5(1)b. and any other materials or
documentation required to demonstrate the applicability of the provisions of this section.
(e) All applications for a variance to the height requirements of this chapter shall be subject to
third party expert review as set forth in sSection 146 -6, with all associated costs to be borne by
the applicant. The third party expert shall analyze all required submittal materials to determine
whether the criteria set forth in subsections (b) and (c) of this section have been met.
(f) No variance granted pursuant to this section shall be granted to allow an overall height of
greater than 330 feet.
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(g) The $Planning eCommission may allow either lattice or guyed type construction, where the
applicant demonstrates that monopole construction is not feasible at the height allowed by an
approved variance.
(h) Variances under this section shall be processed concurrently with an application for wireless
communications facilities as provided for in this chapter.
Sec. 146 -8. Abandonment.
(a) In the event all legally approved use of any wireless communications facility has been
discontinued for a period of six months, the facility shall be deemed to be abandoned.
Determination of the date of abandonment shall be made tithe pPlanning dDirector who shall
have the right to request documentation and/or affidavits from the facility owner regarding the
issue of wireless communications facility usage, including evidence that use of the wireless
communications facility is imminent.
(b) At such time as the pPlanning dDirector reasonably determines that a wireless
communications facility is abandoned, the Rlanning dDirector shall provide the facility owner
with written notice of an abandonment determination by certified mail. Failure or refusal by the
owner to respond within 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 120 days within which to:
(1) 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
120 -day period, or
(2) Dismantle and remove the wireless communications facility.
Sec. 146 -9. Response Period and Appeal.
(a) Monroe County shall act in writin on request for authorization to place, construct, or
modify personal wireless service facilities within a reasonable period of time after the request
is duly made_ taking into account the nature and scope of such request.
(b) Any person adversely affected by any final action or failure to act by Monroe Cggp1y that is
inconsistent with this chapter may, within 30 days after such action or failure to act,
commence an action in any court of competent jurisdiction.
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