Item S2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 19,2001
Division: Growth Management
Bulk Item: Yes
No X
Department: Planning and Environmental Resources
AGENDA ITEM WORDING: Second of two public hearings to adopt an amendment to Chapter 9.5, Article
VII, Division 16 Wireless Communications Facilities of the Monroe County Code.
ITEM BACKGROUND: The attached ordinance was prepared with the firm of Freilich, Leitner, and Carlisle,
Law Offices in response to Ordinance #117-2001. The amendment addresses concerns with the existing
ordinance about the visual and environmental impacts of new facilities, administration of the ordinance,
proliferation of antennae supporting-structures, and compliance with the Telecommunications Act of 1996.
Staffs from the Growth Management Division and the Communications Department have worked with the
contractors in preparing this amendment. The Planning Commission received comment at public hearings on
July 25, August 8 and August 14,2001 and made modifications to the draft.
The requirement for lighting on any towers except those lights that are required by the FAA was removed in
response to direction of the Board after the first public hearing on August 15, 2001.
PREVIOUS REVELANT BOCC ACTION: Approval of Resolution 117-2001, on February 22, 2001
deferring the processing of development permit applications for communication towers in excess of 100 feet in
height for 180 days or until an amendment to the Land Development regulations is adopted.
Board adopted Wireless Communications Facility Ordinance #028-1999 on the 21 st of July 1999
CONTRACT/AGREEMENT CHANGES; N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
COST TO COUNTY: N/ A
BUDGETED: Yes N/A
No
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/ A
Year
APPROVED BY:
County Atty
rry, AICP
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included ~ To Follow
DISPOSITION:
AGENDA ITEM #j- ~:l
Revised 2/27/01
~~
DRAFT ORDINANCE
CHAPTER 9.5, ARTICLE VII, DIVISION 16
WIRELESS COMMUNICATIONS FACILITIES
TEXT AMENDMENT
CHAPTER 9.5, ARTICLE VII, DIVISION 16
WIRELESS COMMUNICATIONS FACILITIES
BOARD OF COUNTY COMMISSIONERS
MARATHON
SEPTEMBER 29, 2001
ORDINANCE # -2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING ARTICLE VII
DIVISION 16 OF THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS, SECTION 9.5-434, WIRELESS
COMMUNICATIONS FACILTITIES; AND SECTIONS 9.5-232
THROUGH 9.5-254, PERMITTED USES; TO ESTABLISH
REGULATIONS AND STANDARDS FOR THE ZONING AND
MANAGEMENT OF WIRELESS COMMUNICATIONS
FACILITIES WITHIN UNINCORPORATED MONROE COUNTY;
PROVIDING SEVERABILITY; PROVIDING FOR CONFLICT
WITH OTHER CODE PROVISIONS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, citizens of and visitors to Monroe County, commercial entities, and
various local, state, and federal agencies operating in the County benefit from a county-
wide wireless communications network that is adequately linked to the nationwide
network of various other wireless facilities; and
WHEREAS, Objective 101.4 of the Monroe County Year 2010 Comprehensive
Plan (the Plan) calls for the protection of community character and natural resources; and
WHEREAS, there is a need to balance the benefits of wireless communication
services against the potential adverse safety, visual, environmental, and fiscal impacts
created by the inappropriate or inadequately planned development of a county-wide
wireless communications network; and
WHEREAS, pursuant to Chapters 163 and 380 of the Florida Statutes, the
County is authorized to adopt or amend land development regulations in order to
implement the Plan; and
WHEREAS, the Telecommunications Act of 1996 expressly preserves the
authority of local governments to regulate the placement, construction, and modification
of personal wireless service facilities, while preempting to some degree the extent to
which and manner in which local regulation may affect the deployment of personal
wireless service facilities and certain satellite earth stations and antennas; and
WHEREAS, the Board of County Commissioners adopted Ordinance #028-1999
(the "Wireless Communications Facilities Ordinance") on July 21, 1999, in order to
advance the County's legitimate interests in protecting the community character of the
Keys while accommodating providers and users of wireless communications services and
facilities in a manner consistent with the Telecommunications Act of 1996; and
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WHEREAS, the Board of County Commissioners wishes to amend the existing
Wireless Communications Facilities Ordinance in order to preserve the balance between
the federal mandate set forth in the Telecommunications Act of 1996 and the
requirements of the Plan to protect community character and the fiscal and environmental
well-being ofthe County; and
WHEREAS, the proposed amendments to the Wireless Communications
Facilities Ordinance have been developed pursuant to the input of a certified radio
frequency engineer and expert in the field of wireless communication deployment and
facility placement; and
WHEREAS, the Monroe County Planning Commission has convened on three
separate occasions to consider proposed amendments to the existing Wireless
Communications Facilities Ordinance, and on each occasion took public input, both from
members of the public and providers of wireless services, and has examined the wide
range of regulatory and technological/engineering issues associated with the proposed
ordinance; and
WHEREAS, the Board of County Commissioners considered the proposed
ordinance at duly noticed public hearings on August 15, 2001 and September 19, 2001,
taking public input, both from members of the public and providers of wireless services;
and
WHEREAS, the regulation of the placement, construction, and modification of
wireless communications facility infrastructure preserves and protects the health, safety,
and general welfare of the citizens of Monroe County; and
WHEREAS, the Monroe County Board of County Commissioners makes the
following FINDINGS OF FACT:
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. The federal government, as evidenced by passage of the Telecommunications Act
of 1996 (U.S. Public Law 104 or the 104 Congress), has determined that new
technology associated with personal wireless services should be made available to
citizens and businesses nationwide.
3. Numerous wireless communications services have been deployed and facilities
erected since the adoption of the existing Wireless Communications Facilities
Ordinance, reflecting the relative needs of the community to utilize wireless
technologies.
4. Wireless communications facilities can be visible for several miles due to the flat
terrain and relatively low vegetation found in Monroe County.
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5. It is difficult to camouflage wireless communication facilities due to the absence
of significant topographic relief, tall vegetation, or other vertical projections in the
County.
6. The difficulty in camouflaging wireless communications facility infrastructure
can mean that this infrastructure is highly visible to neighboring properties and
other areas of the County.
7. Certain satellite earth stations, particularly in residential districts, can be highly
visible from neighboring properties and can have detrimental impacts on the
aesthetics and sanctity of certain neighborhoods.
8. Given the importance of protecting the residential character and aesthetic qualities
of certain land use districts in the County, reasonable limitations on the
installation of satellite earth stations greater than one meter in diameter will
protect the residential areas and the aesthetic quality of the County.
9. The Telecommunications Act of 1996 preempts the local government's authority
to regulate personal wireless service facilities on the basis of the environmental
effects of radio frequency emission to the extent that personal wireless service
facilities comply with the regulations of the Federal Communications
Commission regarding radio frequency emissions.
10. The County has the authority to make decisions in a manner consistent with the
goals, objectives, and policies ofthe Plan, as well as the Telecommunications Act
of 1996, regarding the placement, construction, and modification of wireless
communications facilities, including personal wireless services.
11. Reasonable limitations on the placement, construction, and modification of
wireless communications facilities - including height, mass, scale, construction
type, screening/landscaping, and other design elements - will ensure that the
visual and environmental impact of future wireless communications facilities will
be minimized, consistent with the Plan, and will accommodate the continued
development of a county-wide wireless communications network, in a way that
provides access to the market for providers of wireless communications services
in a fair and equitable manner.
12. Wireless communication technologies have changed rapidly since the adoption of
the existing Wireless Communications Facilities Ordinance.
13. Extensive litigation has occurred around the country with regard to the
Telecommunications Act of 1996, since the adoption of the existing Wireless
Communications Facilities Ordinance, and the courts have provided significant
guidance on how local governments may and should operate pursuant to the Act.
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14. The County has a legitimate interest in ensuring that the system of wireless
facilities continues to develop in a manner that is consistent with the community
character of the Keys, as well as the fiscal and environmental needs of the
County.
15. 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 and the County; and
WHEREAS, The Monroe County Board of County Commissioners makes the
following CONCLUSIONS OF LAW:
1. The current Wireless Communications Facilities Ordinance does not adequately
address the placement of wireless communications towers or their impacts upon
the citizens and businesses of Monroe County, and pursuant to section 9.5-511 of
the Monroe County Land Development Regulations, amendment of the existing
ordinance is appropriate.
2. The proliferation of wireless communications facilities that are disproportionate
in scale to other man-made and natural features and the resultant effects of this
proliferation upon compatibility, aesthetics, natural resources, and the general
welfare of the public is not consistent with the provisions on the Plan.
3. Amendments to the current Wireless Communications Facilities Ordinance that
attempts to minimize the proliferation of wireless communications facilities by
encouraging collocated, attached, and stealth facilities, as well as continued
coordination with providers of wireless facilities and services is an appropriate
planning goal and will advance the goals, objectives, and policies ofthe Plan.
4. According to Section 9.5-511 of the Land Development Regulations, the Board of
County Commissioners may amend a land development regulation based upon
one or more factors under Section 9.5-511 (d) (5) b. First, technological advances
in wireless communications have led to a greater variety of wireless
communications equipment and methods of deployment ofthis equipment in a
manner consistent with the character of the County. Additionally, having
operated pursuant to the existing Wireless Communications Facilities Ordinance
for over two years, the Board of County Commissioners has observed the
continued maturation of a county-wide wireless services network and the
changing needs of both providers and users of wireless services. 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.
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5. Goal101 of the 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 amended Wireless
Communications Facilities Ordinance is to facilitate the maturation of the
County's wireless communications network in a manner that minimizes the
impact of wireless facilities by establishing standards for their location, height,
structural integrity, and compatibility with other adjacent land uses. Additionally,
the proposed amendments address the need for protecting the residential character
of certain land use districts in Monroe County, by providing for reasonable and
limited regulation of certain satellite earth stations that are greater than one meter
in diameter. Therefore, the Board of County Commissioners finds that the
proposed text amendment is consistent with and furthers the goals, objectives, and
policies of the Plan.
6. Pursuant to Chapters 163 and 380 ofthe Florida Statutes, the Board of County
Commissioners has the authority to implement the Plan through the adoption of
appropriate land development regulations that are consistent with other federal,
state, and local laws, including the Plan. The proposed amendments to the
Wireless Communications Facilities Ordinance are consistent with and further the
goals, objectives, and policies of the Plan and do not conflict with the federal
Telecommunications Act of 1996 or the State of Florida Principles for Guiding
Development. 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 of the Monroe County Land Development
Regulations is hereby RESCINDED in its entirety as of the effective date of the new
Division 16 "Wireless Communications Facilities" as set forth herein.
Section 2. A new Article VII Division 16 of the Monroe County Land Development
Regulations, "Wireless Communications Facilities," is hereby ENACTED as follows:
DIVISION 16. WIRELESS COMMUNICATIONS FACILITIES
Sec. 9.5-434.1. Purpose and Intent.
The purpose and intent of this division is to:
(a) Promote the health, safety and general welfare of the public by regulating the
siting of wireless communication facilities, including satellite earth stations;
and
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(b) Minimize the impacts of wireless communication facilities on surrounding
areas by establishing standards for location, structural integrity and
compatibility; and
(c) Encourage the location and collocation of wireless communication equipment
on existing structures thereby minimizing new visual, aesthetic and public
safety impacts, effects upon the natural environment and wildlife, and to
reduce the need for additional antenna-supporting structures; and
(d) Accommodate the growing need and demand for wireless communication
services; and
( e) Encourage coordination between suppliers of wireless communication services
in Monroe County; and
(t) Protect the character, scale, stability, and aesthetic quality of the residential
districts of the County by imposing certain reasonable restrictions on the
placement of certain satellite earth stations; and
(g) Respond to the policies embodied in the Telecommunications Act of 1996 in
such a manner as not to unreasonably discriminate between providers of
functionally equivalent personal wireless service or to prohibit or have the
effect of prohibiting personal wireless service in the County, and
(h) Establish predictable and balanced regulations governing the construction and
location of wireless communications facilities, within the confines of
permissible local regulation, and
(i) Establish review procedures to ensure that applications for wireless
communications facilities are reviewed and acted upon within a reasonable
period of time.
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
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
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legs, "squirrel-cones", the removal of climbing pegs on monopole
structures, or other approved devices, but excluding the use of barbed wire.
(A-3) Antenna means any apparatus designed for the transmitting and/or
receiving of electromagnetic waves which includes but is not limited to
telephonic, radio or television communications. Types of antennas include,
but are not limited to: omni-directional (whip) antennas, sectorized (panel)
antennas, multi or single bay (FM & TV), yaggie, or parabolic (dish)
antennas.
(A-4) Antenna Array means a single or group of antennas and their associated
mounting hardware, transmission lines, or other appurtenances which share
a common attachment device such as a mounting frame or mounting
support.
(A-5) Antenna-Supporting Structure means a vertical projection composed of
metal, wood, or other substance with or without a foundation that is for the
express purpose of accommodating antennas at a desired height above
grade. Antenna-supporting structures do not include any device used to
attach antennas to an existing building, unless the device extends above the
highest point ofthe building by more than twenty (20) feet.
(A-6) Attached Wireless Communication Facility means an antenna or antenna
array that is attached to an existing building with any accompanying pole
or device which attaches it to the building, transmission cables, and an
equipment enclosure, which may be located either inside or outside of the
existing building. An attached wireless communications facility is
considered to be an accessory use to the existing principle use on a site.
(C-I) 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
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.
(C-2) Combined antenna means an antenna or antenna array designed and
utilized to provide services for more than one carrier.
(C-3) Conical Zone means an area which extends outward from the outer edge of
the Horizontal Zone with a radius distance equivalent to five thousand two
hundred eighty (5,280) feet.
(D-I) Development Area means the area occupied by a wireless communications
facility including areas inside or under the following: an antenna-
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supporting structure's framework, equipment enclosures, ancillary
structures, and access ways.
(E-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.
(F-l) FAA means the Federal Aviation Administration.
(F-2) FCC means the Federal Communications Commission.
(G-l) Guyed means a style of antenna-supporting structure consisting of a single
truss assembly composed of sections with bracing incorporated. The
sections are attached to each other, and the assembly is attached to a
foundation and supported by a series of guy wires which are connected to
anchors placed in the ground or on a building.
(G-2) Glide Path means a ratio equation used for the purposes of limiting the
overall height of vertical projections in the vicinity of private airports. The
ratio limits each foot of height for a vertical projection based upon a
horizontal distance measurement.
(H-l) Horizontal Zone means an area longitudinally centered on the perimeter of
a private airport's runway which extends outward from the edge of the
primary surface a distance equivalent to five thousand two hundred and
eighty (5,280) feet.
(L-l) Lattice means a style of antenna-supporting structure that consists of
vertical and horizontal supports with multiple legs and cross-bracing, and
metal crossed strips or bars to support antennas.
(M-l) 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-l) 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.
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(P-2) Primary Surface means the area extending a distance of fifty (50) feet to
both sides of the centerline of a private airport's runway, and running the
distance of the runway.
(P-3) Public Antenna-Supporting Structure means an antenna-supporting
structure, appurtenances, equipment enclosures, and all associated ancillary
structures used by a public body or public utility for the purposes of
transmission and/or reception of wireless communication signals associated
with but not limited to: public education, parks and recreation, fire and
police protection, public works, and general government.
(R-l) 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.
(S-l) Satellite Earth Station means a single or group of satellite parabolic (or
dish) antennas. These dishes are mounted to a supporting device which
may be a pole or truss assembly attached to a foundation in the ground, or
in some other configuration. A satellite earth station may include the
associated separate equipment enclosures necessary for the transmission or
reception of wireless communications signals with satellites.
(S-2) Stealth Wireless Communications Facility means a wireless communications
facility, ancillary structure, or equipment enclosure that is not readily
identifiable as such, and is designed to be aesthetically compatible with
existing and proposed uses on a site. A stealth facility may have a
secondary function, including, but not limited to the following: church
steeple, bell tower, spire, clock tower, cupola, light standard, flagpole with
a flag, etc.).
(W-l) Wireless Communications means any personal wireless service, which
includes but is not limited to, cellular, personal communication services
(PCS), specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), and paging. Wireless Communications also includes radio and
television broadcast services and other radio frequency signals, including
those transmitted or received by a satellite earth station.
(W-2) Wireless Communication Facility (WCF) means any staffed or unstaffed
facility for the transmission and/or reception of radio frequency signals, or
other wireless communications, and usually consisting of an antenna or
group of antennas, transmission cables, and equipment enclosures, and
may include an antenna-supporting structure. The following developments
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shall be considered as a Wireless Communication Facility: developments
containing new or existing antenna-supporting structures, public antenna-
supporting structures, replacement antenna-supporting structures,
collocations on existing antenna-supporting structures, attached wireless
communications facilities, stealth wireless communication facilities, and
satellite earth stations.
Sec. 9.5-434.3. Applicability.
(a) Except as provided for in subsection (b) below, this division shall apply to
development activities including installation, construction, or modification to the
following wireless communications facilities:
(1) Existing antenna-supporting structures; and
(2) Proposed antenna-supporting structures; and
(3) Public antenna-supporting structures; and
(4) Replacement of existing antenna-supporting structures; and
(5) Collocation on existing antenna-supporting structures; and
(6) Attached wireless communications facilities; and
(7) Stealth wireless communications facilities; and
(8) Satellite earth stations; and
(9) Non-commercial amateur, ham radio, or citizen's band antenna-
supporting structures with heights greater than seventy (70) feet.
(b) The following items are exempt from the provisions of this division,
notwithstanding the provisions contained in Chapter 6 of the Monroe County
Code:
(1) Amateur radio antennas as provided in Florida Statutes 125.561; and
(2) Satellite earth stations that are one (1) meter or less in diameter and
which are not greater than thirty-five (35) feet above grade; and
(3) Satellite earth stations that are two meters or less in diameter and that
are located or proposed to be located in the following land use
districts: I, MI, SC, and DC; and
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(4) Regular maintenance of any existing wireless communications facility
that does not include the placement of a new wireless communications
facility; and
(5) The substitution or change of existing antennas or other equipment on
an existing antenna-supporting structure provided the substituted
antennas or equipment do not diminish the structural capacity of the
antenna-supporting structure, and provided such change does not
increase the overall height of the structure; and
(6) Any existing or proposed antenna-supporting structure with an overall
height of seventy (70) feet or less above ground level; and
(7) A wireless communications facility, upon the declaration of a state of
emergency by federal, state, or local government, and a written
determination of public necessity for the facility by the Director of
Public Safety; except that such facility must comply with all federal
and state requirements. No wireless communications facility shall be
exempt from the provisions of this division beyond the duration of the
state of emergency.
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Sec. 9.5-434.4. Uses by Land Use District.
(a) Pursuant to Sections 9.5-232 through 9.5-255, and except as provided in
subsection (b) below, no wireless communications facility shall be permitted
in a particular land use district except in accordance with the table below.
Replacement of
New Existing
Antenna Antenna
lLand Use Supporting Supporting Attached Stealth Satellite Earth
District Structure Structure Co-Location Facility Facilitv Station
lID Prohibited Minor As-of-Right Minor Minor As-of-Right
CD Prohibited Prohibited As-of-Right Prohibited Prohibited Minor 3
CFA Maior As-of-Right As-of-Right Minor Minor Minor 3
CFSD1 Prohibited Prohibited As-of-Right Prohibited Prohibited Minor 3
CFSD2 Maior As-of-Right As-of-Right As-of-Right Minor Minor 3
CFV Prohibited Minor As-of-Right Minor Minor Minor 3
DR Maior As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
I Minor As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
~S Prohibited Prohibited As-of-Right Prohibited Maior Minor3
IMF Maior As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
IMI Minor As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
IMN Prohibited Prohibited As-of-Right Prohibited Prohibited Minor 3
IMu Maior As-of-Right As-of-Right As-of-Right As-of-Right Minor 3
INA Prohibited As-of-Right As-of-Right Minor Minor Minor 3
Ios Prohibited Prohibited As-of-Right Prohibited Prohibited Minor 3
IPR Prohibited Minor As-of-Right As-of-Right Minor As-of-Right
IRv Prohibited Minor As-of-Right Minor Minor Minor 3
lsc Maior As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
IsR Prohibited Minor As-of-Right Prohibited Minor Minor 3
SR-L Prohibited Minor As-of-Right Prohibited Minor Minor 3
SS Prohibited Prohibited As-of-Right Prohibited Minor Minor 3
DC Maior As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
UR Prohibited Minor As-of-Right As-of-Right Minor Minor 3
URM Prohibited Minor As-of-Right Prohibited Minor Minor 3
URM-L Prohibited Minor As-of-Right Prohibited Minor Minor 3
1 Includes the following Commercial Fishing Special Districts: 1,28,9, 10, 11, 12, 13, 14, 15, 16, 18, 19 & 20
Includes the following Commercial Fishing Special Districts: 3,4, 5, 6, 7 & 17
Satellite earth stations proposed in this land use district that are less than 2.0 meters in diameter shall be allowed
as-of-right.
(b) Within the following districts, new antenna-supporting structures may be
permitted as a major conditional use, provided that the antenna-supporting
structure is owned by Monroe County and is used exclusively for non-
proprietary public safety communications: CD, MN, OS, and PRo
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Sec. 9.5-434.5. Development Standards.
These standards shall apply to the following types of wireless communications facilities:
(a) New Antenna Supporting Structures.
(1) Approval criteria for new antenna-supporting structures:
a. Setbacks.
1. New antenna-supporting structures and the associated
ancillary structures are not considered as utilities, and
therefore must meet the environmental design criteria
related to wetland setbacks pursuant to Section 9.5-345;
and
2. Any new antenna-supporting structures, equipment
enclosures and ancillary structures shall meet the
minimum setback requirements for the land use district
where they are located pursuant to Section 9.5-281; and
3. New antenna-supporting structures constructed on a
property or properties which is/are contiguous to the IS,
SR, UR or URM zones shall be set back from these
zones a distance equal to thirty (30) percent the overall
height of the antenna-supporting structure; and
4. New antenna-supporting structures shall be set back
from the right-of-way of U.S. Highway 1 a distance
equal to thirty (30) percent of the overall height of the
antenna-supporting structure.
b. Height.
The overall height of any antenna-supporting structure shall
not be greater than one-hundred and ninety-nine (199) feet.
c. Construction.
New antenna-supporting structures shall have a monopole
type construction only, and shall not be guyed or have a
lattice type construction; except that AM broadcast
facilities may have a guyed type construction.
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d. Structural Integrity.
1. The entire antenna-supporting structure and all
appurtenances shall be designed pursuant to the wind
speed design requirements of ASCE 7-95, including
any subsequent modification to those specifications;
and
2. The new antenna-supporting structure shall be designed
to accommodate the wireless communications
equipment of other wireless communication service
providers. The exact amount of additional equipment to
be accommodated shall be agreed upon during a pre-
application conference and recorded in the Letter of
Understanding resulting from the conference; and
3. The antenna-supporting structure shall be designed to
ensure that, in the event of structural failure, the facility
will collapse within the boundaries of the property on
which the facility is located.
e. Lighting.
1. Except as provided in subparagraph 2 below, no lights,
signals, or other illumination shall be permitted on any
wireless communications facility or ancillary structure
unless the applicant demonstrates that lighting is
required by the FAA or the FCC.
2. Lighting may be placed in association with an approved
equipment enclosure, but shall be placed only in
accordance with the provisions of Section 9.5-394 of
the Land Development Regulations and Section 13-63
of the Monroe County Code. Lighting associated with
an equipment enclosure shall remain unlit except when
authorized personnel are present.
f. Collocation and Combined Antennas.
1. No antenna-supporting structure shall be permitted
unless the applicant demonstrates that no existing
wireless communications facility can accommodate the
applicant's proposed facility through either collocation
or a combined antenna; or that use of such existing
facilities would prohibit personal wireless services in
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the area of the County to be served by the proposed
antenna-supporting structure.
2. Evidence submitted to demonstrate that no existing
wireless communications facility could accommodate
the applicant's proposed facility through either
collocation or a combined antenna may consist of any
ofthe following:
(i) No existing wireless communications facilities
located within the geographic area meet the
applicant's engineering requirements.
(ii) Existing wireless communications facilities are
not of sufficient height to meet the applicant's
engineering requirements.
(iii)Existing wireless communications facilities do
not have sufficient structural strength to support
the applicant's proposed wireless
communications facilities and related
equipment.
(iv)The applicant demonstrates that there are other
limiting factors that render existing wireless
communications facilities unsuitable.
g. Color.
New antenna-supporting structures shall maintain a
galvanized gray finish or other accepted contextual or
compatible color, except as required by federal rules or
regulations.
h. Radio Frequency Emissions.
The radio frequency emissions shall comply with FCC
standards for such emissions.
1. Intensity Requirements.
1. For the purposes of impact fee calculation, the floor area
for a wireless communications facility shall be
considered as only the total square footage of all
equipment enclosures; and
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2. The following shall be considered as development area
and shall be required to meet the setbacks and open
space ratio requirements for the land use district and/or
habitat where they are located:
(i) The area beneath all equipment enclosures; plus
(ii) The area of the antenna-supporting structure
foundation at or above grade; plus
(iii) The area beneath ancillary structures, excluding
that which is beneath guy wires (if applicable);
plus
(iv) The area inside the antenna-supporting structure
framework.
J. Security.
Fencing, in accordance with Section 9.5-309, and/or anti-
climbing devices shall be required to preserve security on
wireless communication facilities.
k. Landscaping.
Landscaping and or screening in the form of at least a Class
D buffer as drawn in the Class D Bufferyard Figure in
Section 9.5-379 shall be required around the development
area.
1. Signage.
The only signage that is permitted upon an antenna-
supporting structure, equipment enclosures, or fence (if
applicable) shall be informational, and for the purpose of
identifying the antenna-supporting structure, as well as the
party responsible for the operation and maintenance of the
facility, its current address and telephone number, security
or safety signs, and property manager signs (if applicable).
m. Aircraft Obstruction.
In addition to the provisions of Section 9.5-252, the overall
height of a new antenna-supporting structure located in the
vicinity of a private airport shall be limited by the
following:
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(i) A 35:1 glide path ratio in the Horizontal Zone
limiting the heights of new antenna-supporting
structures to one hundred fifty (150) feet within
one (1) statutory mile (5,280 feet) from the edge
of the private airport primary surface; and
(ii) A 12: 1 glide path ratio in the Conical Zone
limiting the heights of new antenna-supporting
structures to six hundred (600) feet within one
(1) statutory mile (5,280 feet) from the edge of
the Horizontal Zone.
n. Adverse Effects on Adjacent Properties and Compatibility with
Community Character.
1. New antenna-supporting structures shall be configured
and located in a manner that is consistent with the
community character of the immediate vicinity, and
shall minimize adverse effects including visual impacts
on adjacent properties pursuant to Section 9.5-65 (b)
and (c). The applicant shall demonstrate that
alternative locations, configurations, and facility types
have been examined and shall address in narrative form
the feasibility of any alternatives that may have fewer
adverse effects on adjacent properties or that would be
more compatible with the character of the community
than the facility, configuration, and location proposed.
2. The following attributes shall be considered from
vantage points within three (3) miles of the base of the
proposed antenna-supporting structure:
(i) Height; and
(ii) Mass and scale; and
(iii) Materials and color; and
(iv) Illumination.
(2) Submittal requirements for new antenna-supporting structure
applications:
a. A completed application form and any appropriate fees; and
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b. Three (3) sets of signed and sealed site plans; and
c. A property card for the subject property from the Monroe
County Property Appraiser's Office or a tax bill showing the
ownership of the subject parcel; and
d. A form indicating that a property and/or antenna-supporting
structure's owner's agent has authorization to act upon their
behalf (if applicable); and
e. A signed statement from the antenna-supporting structure's
owner or owner's agent stating that the radio frequency
emissions comply with FCC standards for such emissions; and
f. Proof of an FCC license or construction permit to transmit
radio signals in Monroe County; and
g. A stamped or sealed structural analysis of the proposed
antenna-supporting structure prepared by a licensed Florida
engineer indicating the proposed and future loading capacity of
the antenna-supporting structure; and
h. One original and two (2) copies of a survey of the property
completed by a licensed Florida engineer which shows all
existing uses, structures, and improvements; and
1. Three (3) copies of a vegetation surveyor Habitat Evaluation
Index (HEI); and
J. Photo-simulated post construction renderings of the proposed
antenna-supporting structure, equipment enclosures, and
ancillary structures as they would look after construction from
locations to be determined during the pre-application
conference; and
k. Proof of FAA compliance with Subpart C of the Federal
Aviation Regulations Part 77, Objects Affecting Navigable
Airspace; and
1. A signed statement from the antenna-supporting structure
owner agreeing to allow the collocation of other wireless
equipment on the proposed antenna-supporting structure; and
m. If required by the United States Fish and Wildlife Service, a
letter indicating that the proposed antenna-supporting structure
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and appurtenances are in compliance with all applicable federal
rules and regulations; and
n. All other documentation, evidence, or materials necessary to
demonstrate compliance with the applicable approval criteria
set forth in this chapter, including where applicable:
1. existing wireless communications facilities to which the
proposed facility will be a handoff candidate, including
latitude, longitude, and power levels of each;
2. a radio frequency plot indicating the coverage of
existing wireless communications sites, and that of the
proposed site sufficient to demonstrate radio frequency
search area, coverage prediction, and design radius;
3. a statement by a qualified professional engineer
specifying the design structural failure modes of the
proposed facility; and
4. antenna heights and power levels of the proposed
facility and all other facilities on the subject property.
(3) A pre-application conference is required for any new antenna-
supporting structure.
At the time a pre-application conference is held, the applicant shall
demonstrate that the following notice was mailed (via certified mail) to
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.
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Sincerely, (pre-application applicant, wireless provider)"
(b) Replacement of an Existing Antenna-Supporting Structure.
(1) Approval criteria for replacement antenna-supporting structures
a. For a proposed replacement antenna-supporting structure to be
approved, it shall meet the same approval criteria d., e., g.
through j. and 1. as indicated in Section 9.5-434.5(a) (1), as
well as the following:
b. Setbacks.
1. Any new equipment enclosures shall meet the
minimum setback requirements for the land use district
where they are located pursuant to Section 9.5-281; and
2. Replacement antenna-supporting structure foundations
(excluding guy wire anchors) constructed on a property
or properties which is/are contiguous to the IS, SR, DR
or URM zones shall not be any closer to these zones
than the foundation of the original antenna-supporting
structure being replaced; and
3. Replacement antenna-supporting structures and the
associated ancillary structures shall meet the
environmental design criteria related to wetland
setbacks pursuant to Section 9.5-345 to the maximum
extent practicable.
c. Height.
1. Except as provided in subsection 2. below, replacement
antenna-supporting structures shall not exceed the
height requirements set forth in 99.5-434.5(a)(1)b. or
the height of the antenna-supporting structure it is
replacing, whichever is less.
2. In the following land use districts, replacement antenna-
supporting structures shall not exceed the height
requirements set forth in S9.5-434.5(a)(I)b. or the
height of the antenna-supporting structure it is
replacing, whichever is greater: CF A, DR, I, MF, MI,
MU, NA, SC, UC, and CFS Districts 3, 4, 5, 6, 7, and
17.
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d. Construction.
Subject to the height provisions above:
1. Replacement antenna-supporting structures with an
overall height of one-hundred and ninety-nine (199)
feet or less shall have a monopole type construction;
except that AM broadcast replacement facilities may be
of the same construction type as the structure being
replaced.
2. Replacement antenna-supporting structures with an
overall height of greater than one-hundred and ninety-
nine (199) feet, may be of the same construction type as
the structure being replaced.
e. Landscaping.
Landscaping and or screening in the form of at least a Class
D buffer as drawn in the Class D Bufferyard Figure in
Section 9.5-379 shall be required around the development
area to the maximum extent practicable.
(2) Submittal requirements for replacement antenna-supporting structure
applications:
a. For a proposed replacement antenna-supporting structure
application to be considered complete pursuant to Section 9.5-
44, it shall contain the same submittal materials required as
indicated in Section 9.5-434.5(a)(2) a. through i., k., 1. and n.
(c) Collocations on an Existing Antenna-Supporting Structure.
(1) Approval criteria for collocations on existing antenna-supporting
structures:
a. For a collocation on an existing antenna-supporting structure to
be approved, it shall meet with approval criteria i., j. and 1. as
indicated in Section 9.5-434.5 (a) (1), as well as the following:
b. Height.
A collocation on an existing antenna-supporting structure
shall not increase the overall height of the antenna-
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supporting Structure beyond that allowed under Section 9.5-
434.5(a)(1 )b.
c. Structural Integrity.
Any collocation on an existing antenna-supporting structure
shall not impair the structure's ability to maintain the wind
speed design requirements of ASCE 7-95, including any
subsequent modification to those specifications.
d. Setbacks.
New equipment enclosures placed at an eXIstmg legally
non-conforming wireless communications facility (with
respect to wetland setbacks) shall be required to meet the
environmental design criteria of Section 9.5-345.
e. Radio Frequency Emissions.
The applicant shall demonstrate that radio frequency
emissions comply with FCC standards for such emissions,
taking into account all collocated wireless communications
facilities placed or proposed for placement on the antenna-
supporting structure.
(2) Submittal requirements for collocation on an existing antenna-
supporting structure applications:
a. For a collocation on an existing antenna-supporting structure
application to be considered complete pursuant to Section 9.5-
44, it shall contain submittal materials a. through f. and n. as
indicated in Section 9.5-434.5 (a) (2), as well as the following:
1. A stamped or sealed structural analysis of the existing
antenna-supporting structure prepared by a licensed
Florida engineer indicating that the existing antenna-
supporting structure as well as all existing and proposed
appurtenances can withstand a peak wind speed gust
equivalent to the original design criteria for the
antenna-supporting structure.
2. A copy of the lease or sublease between the owner of
the antenna-supporting structure and the applicant
seeking to place additional wireless equipment on the
structure. Clauses related to lease term or rent may be
deleted or censored.
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(d) Attached Wireless Communications Facilities.
(1) Approval criteria for attached wireless communications facilities:
a. For a proposed attached wireless communications facility to
approved, it shall meet with the approval criteria h., i., and 1. as
indicated in Section 9.5-434.5 (a) (1), as well as the following:
b. Accessory Use.
An attached wireless communications facility shall be an
accessory use as defined by Section 9.5-4 in the Land
Development Regulations; and
c. Height.
1. The antenna, antenna array, attachment device,
equipment enclosure and/or any ancillary equipment
shall not extend above the ground by more than seventy
(70) feet; and
2. Existing or proposed attached wireless communications
facilities which project more than seventy (70) feet
above the ground shall be considered as an antenna-
supporting structure and subj ect to the provisions for
these types of uses pursuant to Section 9.5-434.5 (a);
and
d. Construction.
Attached facilities may have a guyed, lattice, or monopole
type construction, but in no case shall a lattice type
construction exceed a height of ten (10) feet from the base
of the attached facility; and
e. Color.
All attached antenna or antenna arrays, equipment
enclosures and ancillary equipment visible from outside the
building where they are located shall be painted so as to
blend in with the building where they are placed; and
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f. Screening and Placement.
1. Attached wireless communications facilities shall be
screened by a parapet or other device so as to minimize
its visual impact as measured from the boundary line of
the subject property. Attached facilities shall be placed
in the center of the building where reasonably possible
so as to further minimize visual impact; and
2. An attached wireless communications facility shall only
be attached to a commercial, industrial, hotel,
multifamily, institutional, or public building.
(2) Submittal requirements for attached wireless communications facility
applications:
a. For a proposed attached wireless communication facility
application to be considered complete pursuant to Section 9.5-
44, it shall contain submittal materials a. through f., h. and n. as
indicated in Section9.5-434.5(a)(2).
(e) Stealth Wireless Communications Facilities.
(1) Approval criteria for stealth wireless communications facilities:
a. Setbacks.
1. Stealth facilities shall meet the environmental design
criteria related to wetland setbacks pursuant to Section
9.5-345; and
2. Stealth facilities shall meet the mInImum setback
requirements for the land use district where they are
located pursuant to Section 9.5-281.
b. Height.
Stealth wireless communications facilities shall not exceed
one hundred (100) feet in overall height.
c. Construction.
No stealth wireless communications facility shall be guyed
or have lattice type construction.
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d. Accessory Use.
A stealth facility shall be an accessory use as defined by
section 9.5-4 in the Land Development Regulations.
e. Structural Integrity.
The stealth facility shall be designed pursuant to the wind
speed design requirements of ASCE 7-95, including any
subsequent modification to those specifications.
f. Aesthetics.
No stealth facility, whether fully enclosed within a building
or otherwise, shall have antennas, antenna arrays,
transmission lines, equipment enclosures or other ancillary
equipment which is readily identifiable from the public
domain as wireless communications equipment.
(2) Submittal requirements for stealth wireless communications facilities:
a. 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 i. and n.,
indicated in Section 9.5-434. 5 (a) (2) as well as a photo
simulated post construction renderings of the proposed stealth
facility, equipment enclosures, and ancillary structures as they
would look after construction from the public domain.
b. For a proposed stealth wireless communications facility that is
not ground-mounted, the Planning Director may waive certain
submittal requirements to reflect the necessary documentation
required to demonstrate compliance with the provisions of this
chapter.
(I) Satellite Earth Stations.
(1) Approval criteria for satellite earth stations:
a. In order to advance the health, safety, and aesthetic objectives
of this division, and in order to protect the residential character
of certain land use districts, the following restrictions shall
apply:
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1. A proposed satellite earth station less than two meters
in diameter shall conform with approval criteria a. and
1. as indicated in Section 9.5-434.5 (a) (1).
2. A proposed satellite earth station greater than or equal
to two (2) meters in diameter, shall conform with
approval criteria a., j., and 1. as indicated in Section 9.5-
434.5 (a) (1).
3. Height.
The maximum height for any portion of a satellite
earth station shall not exceed thirty-five (35) feet.
4. Landscaping.
For a proposed satellite earth station that is greater
than or equal to two (2) meters in diameter, a Class
A buffer shall be provided, in accordance with
Section 9.5-379, between the proposed facility and
any adjacent residential uses and the public right of
way.
5. Placement.
The proposed satellite earth station shall not be
placed in any front yard or a side yard that is
adjacent to a public right of way.
6. Accessory Use.
A satellite earth station shall be approved only as an
accessory use as defined by Section 9.5-4 in the
Land Development Regulations.
(2) Submittal requirements for satellite earth station applications:
a. For a proposed satellite earth station less than two (2) meters in
diameter, the applicant shall submit materials required by a.
through f. and n. as indicated in Section 9.5-434.5 (a) (2).
b. For a proposed satellite earth station greater than or equal to
two (2) meters in diameter, the applicant shall submit materials
required by a. through f, i., m., and n. as indicated in Section
9 .5-434.5( a)(2).
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(3) Limited waiver of requirements.
a. The Planning Director may waive the requirements of Section
9.5-434.5(f) where an applicant for a satellite earth station
demonstrates that compliance with these provisions will:
1. materially limit transmission or reception by the
proposed satellite earth station; or
2. impose more than minimal costs on users ofthe facility.
b. However, the Planning Director may not waive any
requirement to a greater extent than is required to ensure that
transmission or reception is not materially limited and that no
more than minimal costs are incurred by the user to achieve
such transmission or reception.
c. The Planning Director, in determining whether to waive certain
requirements of Section 9.5-434.5(f), may consider the
following:
1. the relative cost to the applicant to comply with these
provisions in light of the costs associated with the
installation ofthe satellite earth station;
2. the existing conditions on the subject property, both
man-made and natural; and
3. the effect of a waiver on the public safety.
Sec. 9.5-434.6. Expert Review.
(a) Where due to the complexity of the methodology or analysis required to
review an application for a wireless communication facility, the Planning
Director may require a technical review by a third party expert, the costs of
which shall be borne by the applicant. Third party review is required as part
of the review for any variance application submitted pursuant to section 9.5-
434.7.
(b) The expert review may address any or all of the following:
(I) The accuracy and completeness of submissions;
(2) The applicability of analysis techniques and methodologies;
(3) The validity of conclusions reached;
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(4) Whether the proposed wireless communications facility complies with
the applicable approval criteria set forth in this division; and
(5) Other matters deemed by the Planning Director to be relevant to
determining whether a proposed wireless communications facility
complies with the provisions of this division.
(c) Based on the results of the expert review, the Planning Director may require
changes to the applicant's application or submittals.
(d) The applicant shall reimburse the County within five (5) working days of the
date of receipt of an invoice for expenses associated with the third party
expert's review of the application. Failure by the applicant to make
reimbursement pursuant to this section shall abate the pending application
until paid in full.
Sec. 9.5-434.7. Variance.
(a) Applicability.
This section shall not apply to applications for satellite earth stations.
(b) Review criteria and expedited procedure.
Except as provided in subsection (a) above, the planning commission may
grant variances from the minimum height requirements set forth in this
division. The planning commission, in granting or denying such a
variance, shall consider whether the following conditions have been met:
1. A determination that the granting of the variance will not result in
additional public expenses that would not otherwise occur; create a
nuisance; or cause fraud or victimization of the public;
2. A determination that the variance sought is the minimum necessary to
address the need for the variance, subsequent to exploring all
reasonable siting alternatives;
3. A determination that granting of the variance will not have a
significant detrimental impact on adjacent property values; and
4. A determination that granting ofthe proposed variance is consistent
with the purpose and intent of division 16.
(c) The planning commission, in determining whether the conditions for a
variance have been met, shall consider the following factors relevant:
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1. Whether failure to grant the variance would prohibit or have the effect
of prohibiting the provision of personal wireless services;
2. Whether failure to grant the variance would unreasonably discriminate
among providers of functionally equivalent personal wireless services;
3. Physical characteristics of the proposed wireless communications
facility for which the variance is requested;
4. The importance to the community of the wireless communication
services to be provided if the proposed variance is granted;
5. The compatibility ofthe proposed variance with adjacent land uses and
the availability of alternative sites and technologies in light of existing
and permitted development in area;
6. Whether granting of the proposed variance will obviate the need for
additional new antenna-supporting structures due to increased co-
location opportunities that would not be possible if the variance were
not granted; and
7. Whether granting ofthe proposed variance is necessary to ensure
adequate public safety and emergency management communications.
(d) Unless provided simultaneously as part of an application for a wireless
communications facility, any application for a variance from the height
requirements set forth in this division shall include the submittal
requirements set forth in section 9.5 434.5(a)(2) and any other materials or
documentation required to demonstrate the applicability of the provisions
of this section.
(e) All applications for a variance to the height requirements of this division
shall be subject to third party expert review as set forth in section 9.5-
434.6, with all associated costs to be borne by the applicant. The third
party expert shall analyze all required submittal materials to determine
whether the criteria set forth in subsections (b) and (c) above have been
met.
(f) No variance granted pursuant to this section shall be granted to allow an
overall height of greater than three hundred and thirty (330) feet.
(g) The planning commission may allow either lattice or guyed type
construction, where the applicant demonstrates that monopole construction
is not feasible at the height allowed by an approved variance.
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(h) Variances under this section shall be processed concurrently with an
application for wireless communications facilities as provided for in this
division.
Sec. 9.5-434.8. Abandonment.
(a) In the event all legally approved use of any wireless communications facility
has been discontinued for a period of six (6) months, the facility shall be
deemed to be abandoned. Determination of the date of abandonment shall be
made the Planning Director who shall have the right to request documentation
and/or affidavits from the facility owner regarding the issue of wireless
communications facility usage, including evidence that use of the wireless
communications facility is imminent.
(b) At such time as the Planning Director reasonably determines that a wireless
communications facility is abandoned, the Planning Director shall provide the
facility owner with written notice of an abandonment determination by
certified mail. Failure or refusal by the owner to respond within sixty (60)
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 3.
Article VII Division 2 is hereby AMENDED to include the following:
Sec. 9.5-232. Urban Commercial District (UC).
(a) As of right uses:
(10) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (e) 9.5-434.5 (c) "Collocations on
an existing antenna-supporting structure."
(11) Attached wireless communications facilities. as accessory uses. pursuant
to article VII, division 16, section 9.5 434.4 (d) 9.5-434.5 (d) "Attached
wireless communications facilities."
(12) Replacement of an existing antenna-supporting structure pursuant to
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article VII, division 16, section 9.5 434.4 (b) 9.5-434.5 (b) "Replacement of
an existing antenna-supporting structure."
(13) Stealth wireless communications facilities. as accessory uses. pursuant to
article VII. division 16. section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(14) Satellite earth stations. as accessory uses. pursuant to article VII,
division 16. section 9.5-434.5 (n "Satellite earth stations."
(b) Minor conditional uses:
(7) Stealth wireless eOffiffi1:lflieatioft3 faeilitic3, a3 aecc3sory l:13C3, purSUliftt to
article VII, Eli-vision 16, section 9.5 434.4 ( c) "Stealth Y/irdc33
eOfllffiunieation3 faeilitic3."
(8) Satellite earth statiofts, pur3u8:ftt to articlc VII, division 16, section 9.5 434.4
(f) "Satellite earth statiofts."
(c) Major conditional uses:
(7) New antenna-supporting structures, pursuant to article VII, division 16,
section 9.5 434.4 (a) 9.5-434.5 (a) "New antenna-supporting structures."
Sec. 9.5-233. Urban Residential District (UR).
(a) As of right uses:
(6) Attached wireless communications facilities. as accessory uses, pursuant to
article VII, division 16, section 9.5 434.4 (d) 9.5-434.5 (d) "Attached
wireless communications facilities."
(7) Collocations on existing antenna-supporting structures. pursuant to article VII.
division 16. section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(8) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII. division 16. section 9.5-434.5 (f) "Satellite earth
stations. "
(b) Minor conditional uses:
(4) Replacement of an existing antenna-supporting structure pursuant to article
VII. division 16. section 9.5-434.5 (b) "Replacement of an existing antenna-
supporting structure."
(5) Stealth wireless communications facilities. as accessory uses. pursuant to
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article VII. division 16. section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(6) Satellite earth stations greater than or equal to two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5 (f)
"Satellite earth stations."
(c) Major conditional uses:
(3) 8tealtfl. '.vircless eoll'lllHHl:ieatioft3 faeilities, as aeccssol)' uscs, pursuant to
artie1c VII, ElivisioH 16, seetiofl. 9.5 434.4(d) "8tcalth ':lirclcss
eommunieatioHs faeilitics."
Sec. 9.5-234. Urban Residential Mobile Home District (URM).
(a) As of right uses:
(7) Collocations on existing antenna-supporting structures. pursuant to article VII.
division 16. section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(8) Satellite earth stations less than two (2) meters in diameter. as accessory uses.
pursuant to article VII. division 16. section 9.5-434.5 (f) "Satellite earth
stations. "
(b) The following are permitted as minor conditional uses in the Urban
Residential Mobile Home District (URM). subiect 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 9.5-434.5 (b) "Replacement of an existing
antenna-supporting structure."
(2) Stealth wireless communications facilities. as accessory uses. pursuant to
article VII. division 16. section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(3) Satellite earth stations greater than or equal to two (2) meters in diameter.
as accessory uses. pursuant to article VII. division 16. section 9.5-434.5 (f)
"Satellite earth stations."
(b) Thc follo....iHg l:lses Me pefftlittcd as major eonditional uscs in the Urban
Residefttial Mobile Home Distriet, subject to the standftfds and procedures set
forth iH article III, division 3:
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(b1{f} The following uses are permitted as major conditional uses in the Urban
Residential Mobile Home District, subject to the standards and procedures set
forth in article Ill, division 3:
(4) Stealth wireless eom.mmHeatioRs facilities, as aeecssory 1:lSCS, purs1:lant to
artie1e VII, divisioR 16, sectioR 9.5 434.4 ( c) "Stealth wireless
comm1::H1icati61iS facilities."
Sec. 9.5-235. Sub Urban Commercial District (SC):
(a) As of right uses:
(10) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (c) 9.5-434.5 (c) "Collocations
on an existing antenna-supporting structure."
(11) Attached wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 434.4 (d) 9.5-434.5 (d) "Attached
wireless communications facilities."
(12) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, scetioR 434.4 (6) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(13) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII. division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(14) Satellite earth stations, as accessory uses, pursuant to article VII,
division 16, section 9.5-434.5 (f) "Satellite earth stations."
(b) Minor conditional uses:
(9) Stealth. wireless eom.m1:lllieatioRs facilities, as accessory uscs, p1:l:f3uant to
artie1e VII, divisioR 16, seetioR 9.5 434.4 (c) "Stcalth '.virclcss
eom.m1:lllicatioR3 facilities."
(10) Satcllite ear..h statioRs, p1:l:fsmmt to articlc YII, di'l'ision 16, scction 9.5 434.4
(f) "Satellitc eB.rth. statioR3."
(c) Major conditional uses:
(8) New antenna-supporting structures, pursuant to article VII, division 16,
section 9.5 434.4 (a) 9.5-434.5(a) "New antenna supporting structures."
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Sec. 9.5-235.1. Urban Mobile Home - Limited District (URM-L).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures. pursuant to Article
VII. Division 16. Section 9.5-434.5 (c) "Collocations of an Existing
Antenna-Supporting Structure."
(7) Satellite earth stations less than two (2) meters in diameter. as accessory
uses. pursuant to article VII. division 16. section 9.5-434.5 (f) "Satellite
earth stations."
(b) The following uses are permitted as minor conditional uses in the Urban Mobile
Home - Limited District CURM-L). 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 9.5-434.5 (b) "Replacement of an existing
antenna-supporting structure."
(2) Stealth wireless communications facilities. as accessory uses. pursuant to
article VII. division 16. section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(3) Satellite earth stations greater than or equal to two (2) meters in diameter.
as accessory uses. pursuant to article VII. division 16. section 9.5-434.5 (f)
"Satellite earth stations."
(b~) The following uses are permitted as major conditional uses in the URM-L district
subject to the standards and procedures set forth in article VII, division 4:
(3) Stealth v;irelc33 e<>mnumicati<>ns faeilitics, as aeccssory uscs, purs1:lant to
artie1c VII, division 16, scction 9.5 434.4 ( c) "Stealth '/{irc1css
comnumications facilitics."
Sec. 9.5-236 - Sub Urban Residential District (SR)
(a) As of right uses:
(7) Collocations on existing antenna-supporting structures. pursuant to article
VII. division 16. section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(8) Satellite earth stations less than two (2) meters in diameter. as accessory uses.
pursuant to article VII. division 16. section 9.5-434.5 (f) "Satellite earth
stations. "
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(b) Minor conditional uses:
(8) Replacement of an existing antenna-supporting structure pursuant to article
VII. division 16. section 9 .5-434.5 (b) "Replacement of an existing antenna-
supporting structure."
(9) Stealth wireless communications facilities. as accessory uses. pursuant to
article VII. division 16. section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(10) Satellite earth stations greater than or equal to two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5 (D
"Satellite earth stations."
(c) Major conditional uses:
(8) 8tealth '/tireless eomm1:lftieatioRs faeilitics, as accessory uses, p1:1f'SUflflt to
article VII, di',isioR 16, soetioR 9.5 434.4( c) "8tealth wireless
comm1:lftieatioRS faeilitics."
Sec. 9.5-237. Sub Urban Residential District (Limited) (SR-L).
(a) As of right uses:
(7) Collocations on existing antenna-supporting structures. pursuant to article
VII. division 16. section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(8) Satellite earth stations less than two (2) meters in diameter. as accessory
uses. pursuant to article VII. division 16. section 9.5-434.5 (D "Satellite earth
stations. "
(b) The following uses are permitted as minor conditional uses in the Sub Urban
Residential District (Limited) (SR-L):
(1) Replacement of an existing antenna-supporting structure pursuant to
article VII. division 16. section 9.5-434.5 (b) "Replacement of an existing
antenna-supporting structure."
(2) Stealth wireless communications facilities. as accessory uses. pursuant to
article VII. division 16. section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(3) Satellite earth stations greater than or equal to two (2) meters in diameter.
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as accessory uses. pursuant to article VII. division 16. section 9.5-434.5 (f)
"Satellite earth stations."
(b) Thc fullDv/ilig lises Me pefffiitted ft3 major eonditiofial U3CS ili the Sub Urban
RC3idelitial (Limited) Distflet, sttbjeet to the standard3 and proccdurcs set forth iflartic1c
III, divisiDft 3:
(1) Stealth v/irelcss eemm1:Hlieatiolis faeilitics, 8:3 acccssory uscs, pursuant to
artie1e VII, divisiDft 16, seetiDft 9.5 434.4 ( c) "Stcalth wirclcss
eommunieatiDfts faeilitics."
Sec. 9.5-238. Sparsely Settled Residential District (SS).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures. pursuant to article
VII. division 16. section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(7) Satellite earth stations less than two (2) meters in diameter. as accessory uses.
pursuant to article VII. division 16. section 9.5-434.5 (fl "Satellite earth
stations. "
(b) Minor conditional uses:
(5) Stealth wireless communications facilities. as accessory uses. pursuant to
article VII. division 16. section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(6) Satellite earth stations greater than or equal to two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5 (f)
"Satellite earth stations."
(c) Major conditional uses:
(6) Stealth wireless eemnnmieatiDfts faeilitics, as aeccssDry liSCS, pursuant to
artiele VII, di-,isieft 16, scetiDIi 9.5 434.4 (e) "Stcalth -.virelcss
eDmlll1mieatiDftS facilities."
Sec. 9.5-239. Native Area District (NA).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9.5 434.4 (c) 9.5-434.5 (c) "Collocations
on an existing antenna-supporting structure."
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(7) Replacement of an existing antenna-supporting structure pursuant to article
VIT, division 16, seetioft 434.4 (b) 434.5 (b) "Replacement of an existing
antenna-supporting structure."
(8) Satellite earth stations less than two (2) meters in diameter. as accessory uses.
pursuant to article VIT. division 16. section 9.5-434.5 (f) "Satellite earth
stations. "
(b) Minor conditional uses:
(4) Attached wireless communications facilities. as accessory uses. pursuant
to article VII, division 16, section 9.5 434.4 (d) 9.5-434.5 (d) "Attached
wireless communications facilities."
(5) Stealth wireless communications facilities. as accessory uses. pursuant to
article VIT. division 16. section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(6) Satellite earth stations greater than or equal to two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5 (f)
"Satellite earth stations."
(c) Major conditional uses:
(5) Satellite earth statioft3, }')1:lfSRant to article 'lIT, division 16, scetioft 9.5 434.4
(f) "Satellite earth statiofts."
Sec. 9.5-240. Mainland Native Area District (MN).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures. pursuant to article
VIT. division 16. section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(7) Satellite earth stations less than two (2) meters in diameter. as accessory uses.
pursuant to article VII. division 16. section 9.5-434.5 (f) "Satellite earth
stations."
(b) Minor conditional uses:
(2) Satellite earth stations greater than or equal to two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5 (f)
"Satellite earth stations."
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Sec. 9.5-241. Offshore Island District (OS).
(a) As of right uses:
(7) Collocations on existing antenna-supporting structures. pursuant to article
VII. division 16. section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(8) Satellite earth stations less than two (2) meters in diameter. as accessory uses.
pursuant to article VII. division 16. section 9.5-434.5 (D "Satellite earth
stations. "
(b) The following is permitted as a minor conditional use in the Offshore Island District
(OS). subject to the standards and procedures set forth in article III. division 3:
(1) Satellite earth stations greater than or equal to two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5 (f)
"Satellite earth stations."
Sec. 9.5-242. Improved Subdivision District (IS).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures. pursuant to article
VII. division 16. section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(7) Satellite earth stations less than two (2) meters in diameter. as accessory uses.
pursuant to article VII. division 16. section 9.5-434.5 (D "Satellite earth
stations. "
(c) Minor conditional uses:
(4) Satellite earth stations greater than or equal to two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5 (f)
"Satellite earth stations."
(d) Major conditional uses:
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5 434.4 (c) 9.5-434.5 (e) "Stealth wireless
communications facilities."
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Sec. 9.5-243. Destination Resort District (DR).
(a) As of right:
(3) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (e) 9.5-434.5 (c) "Collocations on
an existing antenna-supporting structure."
(4) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, seetieH 434.4 (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(5) Attached wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 434.4 (d) 9.5-434.5 (d) "Attached
wireless communications facilities."
(6) Stealth wireless communications facilities. as accessory uses. pursuant to
article VII. division 16. section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(7) Satellite earth stations. as accessory uses. pursuant to article VII.
division 16. section 9.5-434.5 (f) "Satellite earth stations."
(b) Minor conditional uses:
(2) Stealth ,,.irelcss comnUlnieatioH:s facilities, as aceessory uscs, pUfsuant
to mide YII, divisioH 16, seetioft 9.5 434.4 (e) "Stcalth \virclcss
eomnumieatieHs faeilitics."
(3) Satellite eartli stations, pursuant to articlc VII, di...ision 16, section 9.5 434.4
(f) "Satellite earth stations."
(c) Major conditional uses:
(4) New antenna-supporting structures, pursuant to article VII, division 16,
section 9.5 434.4 (a) 9.5-434.5(a) "New antenna supporting structures."
Sec. 9.5-244. Recreational Vehicle District (RV).
(a) As of right uses:
(4) Collocations on existing antenna-supporting structures, pursuant to article
VII. division 16. section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(5) Satellite earth stations less than two (2) meters in diameter. as accessory uses,
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doc. #48684/90355.007
pursuant to article VII. division 16. section 9.5-434.5 (f) "Satellite earth
stations. "
(b) Minor conditional uses:
(3) R~lacement of an existing antenna-supporting structure pursuant to article
VII. division 16. section 9.5-434.5 (b) "Replacement of an existing antenna-
supporting structure."
(4) Attached wireless communications facilities. as accessory uses. pursuant to
article VII. division 16. section 9.5-434.5 (d) "Attached wireless
communications facilities."
(5) Stealth wireless communications facilities. as accessory uses. pursuant to
article VII. division 16. section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(6) Satellite earth stations greater than or equal to two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5 (f)
"Satellite earth stations."
(c) Major conditional uses:
(3) Stcalth ','/iFeless cemm1:H1ieati6fts faeilities, a3 aeec3sory 1:lses, purSUfffit to
article VII, divisioft 16, soction 9.5 434.4 (c) "Stealth wifeless
cmnmumcatioRs facilities."
Sec. 9.5-245. Commercial Fishing Area District (CFA).
(d) As of right uses:
(1) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, soctieR 434.4 (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(2) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (0) 9.5-434.5 (c) "Collocations on
an existing antenna-supporting structure."
(3) Satellite earth stations less than two (2) meters in diameter. as accessory uses.
pursuant to article VII. division 16. section 9.5-434.5 (f) "Satellite earth
stations. "
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(e) Minor conditional uses:
(1) Attached wireless communications facilities. as accessory uses. pursuant
to article VII, division 16, section 9.5 434.4 (d) 9.5-434.5 (d) "Attached
wireless communications facilities."
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5 434.4 (e) 9.5-434.5 (e) "Stealth wireless
communications facilities."
(3) Satellite earth statiells, }3l:1fSliant te article VII, di'risioll 16, scction 9.5 434.4
(f) "Satellite earth stations."
(3) Satellite earth stations greater than or equal to two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5 (f)
"Satellite earth stations."
(f) Major conditional uses:
(3) New antenna-supporting structures, pursuant to article VII, division 16,
section 9.5 434.4 (a) 9.5-434.5 (a) "New antenna-supporting structures."
Sec. 9.5-246. Commercial Fishing Village District (CFV).
(a) As of right uses:
(4) Collocations on existing antenna-supporting structures. pursuant to article
VII. division 16. section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(5) Satellite earth stations less than two (2) meters in diameter. as accessory uses.
pursuant to article VII. division 16. section 9.5-434.5 (0 "Satellite earth
stations."
(b) Minor conditional uses:
(2) Replacement of an existing antenna-supporting structure pursuant to article
VII. division 16. section 9.5-434.5 (b) "Replacement ofan existing antenna-
supporting structure."
(3) Attached wireless communications facilities. as accessory uses. lJursuant to
article VII. division 16. section 9.5-434.5 (d) "Attached wireless
communications facilities."
(4) Stealth wireless communications facilities. as accessory uses. pursuant to
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doc. #48684/90355.007
article VII. division 16. section 9 .5-434.5 (e) "Stealth wireless
communications facilities."
(5) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses. pursuant to article VII. division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(e) The followillg 1:1S0S are permittcd ft3 major eonditional uses in the Commercial
Fishing Village Distriet, sooject to the standaffis ftfid proccd1:1res sct f-orth in article
III, division 3:
(1) Nev; antcnna stlpporting stmemres, p1:1rsuant to article VII, division 16,
seetion 9.5 434.4 (a) "New antenfta supporting structures."
Sec. 9.5-247. Commercial Fishing Special District (CFSD).
(a) CFSD 1 (Located on Big Pine):
(1) As of right uses:
d. Collocations on existing antenna supporting structures. pursuant to
article VII. division 16. section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
e. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16, section 9.5-434.5
(f) "Satellite earth stations."
(2) Minor conditional uses:
d. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(b) CFSD 2 (Located on No Name Key):
(1) As of right uses:
d. Collocations on existing antenna supporting structures. pursuant to
article VII. division 16. section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
e. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(f) "Satellite earth stations."
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(2) Minor conditional uses:
b. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16,
section 9.5-434.5 (n "Satellite earth stations."
(c) CFSD 3 (Located on Coco Plum):
(3) As of right uses:
a. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, seetion 434.4 (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
b. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (e) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
c. Attached wireless communications facilities. as accessory uses.
pursuant to article VII, division 16, section 9.5 434.4 (d) 9.5-434.5 (d)
"Attached wireless communications facilities."
d. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(n "Satellite earth stations."
(4) Minor conditional use:
a. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 434.4 (e) 9.5-434.5 (e) "Stealth
wireless communications facilities."
b. Satellite carth stations, as aEJecssory l:lSCS, pUfSl:lant to artidc VII,
division 16, section 9.5 434.4 (f) "Satellite earth stations."
b. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16.
section 9.5-434.5 (n "Satellite earth stations."
(5) Major conditional use:
a. New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 434.4 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
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(d) CFSD 4 (Located on Long Key):
(1) As of right uses:
b. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, seeti6H 434.4 (6) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
c. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (e) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
d. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 434.4 (d) 9.5-434.5 (d)
"Attached wireless communications facilities."
e. Satellite earth stations less than two (2) meters in diameter, as
accessory uses. pursuant to article VII. division 16, section 9.5-434.5
(f) "Satellite earth stations."
(2) Minor conditional use:
a. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 434.4 (e) 9.5-434.5 (e) "Stealth
wireless communications facilities."
6. Satellite earth stati6Hs, as aeeessory uscs, pl:lfSuant to articlc VII,
divisioH 16, 3eeti6H 9.5 434.4 (f) "Satellite earth stations."
b. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses. pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(3) Major conditional use:
a. New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 434.4 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
(e) CFSD 5 (Located on Key Largo):
(1) As of right uses:
1. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, seetioH 434.4 (6) 434.5 (b) "Replacement of an
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existing antenna-supporting structure."
J. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (c) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
k. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 434.4 (d) 9.5-434.5 (d)
"Attached wireless communications facilities."
1. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(f) "Satellite earth stations."
(2) Minor conditional uses:
c. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 434.4 (c) 9.5-434.5 (e) "Stealth
wireless communications facilities."
d. Satellitc earth stations, as accessory 1:lSCS, pUfS1:lant to article VII,
division 16, section 9.5 434.5 (f) "Satellitc earth statioRs."
d. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(3) Major conditional uses:
1. New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 434.4 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
(f) CFSD 6 (Located on Boca Chica):
(1) As of right uses:
c. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 434.4 (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
d. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (e) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
e. Attached wireless communications facilities, as accessory uses.
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pursuant to article Vll, division 16, section 9.5 434.4 (d) 9.5-434.5 (d)
"Attached wireless communications facilities."
f. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(f) "Satellite earth stations."
(2) Minor conditional uses:
c. Stealth wireless communications facilities, as accessory uses, pursuant
to article vn, division 16, section 9.5 434.4 (e) 9.5-434.5 (e) "Stealth
wireless communications facilities."
d. Satellite earth stations, as aeeessory 1:Ises, pursu8::flt to artielc VII,
di';isioR 16, section 9.5 434.5 (f) "Satellitc earth stations."
d. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16.
section 9.5-434.5 (f) "Satellite earth stations."
(3) Major conditional uses:
a. New antenna-supporting structures, pursuant to article Vll, division
16, section 9.5 434.4 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
(g) CFSD 7 (Located on Boca Chica):
(1) As of right uses:
J. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 434.4 (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
k. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (0) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
1. Attached wireless communications facilities. as accessory uses.
pursuant to article VII, division 16, section 9.5 434.4 (d) 9.5-434.5 (d)
"Attached wireless communications facilities."
m. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(f) "Satellite earth stations."
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(2) Minor conditional uses:
c. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 434.4 (0) 9.5-434.5 (e) "Stealth
wireless communications facilities."
d. Satellite earth stations, as aeeessory uses, purs1:lBftt to artiele VII,
division 16, seetioR 9.5 434.5 (f) "Satcllite earth stations."
d. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16.
section 9.5-434.5 (n "Satellite earth stations."
(3) Major conditional uses:
b. New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 434.4 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
(h) CFSD 8 (Located on Big Pine)
(3) As of right uses:
a. Collocations on existing antenna supporting structures. pursuant to
article VII. division 16. section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
b. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(n "Satellite earth stations."
(4) Minor conditional uses:
a. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16.
section 9.5-434.5 (f) "Satellite earth stations."
(i) CFSD 9 (Located near Lower Matecumbe):
(1) As of right uses:
b. Collocations on existing antenna supporting structures. pursuant to
article VII. division 16. section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
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c. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(f) "Satellite earth stations."
(2) Minor conditional uses:
a. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16.
section 9.5-434.5 (0 "Satellite earth stations."
(j) CFSD 10 (Located on Lower Matecumbe):
(1) As of right uses:
c. Collocations on existing antenna supporting structures. pursuant to
article VII. division 16. section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
d. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(0 "Satellite earth stations."
(2) Minor conditional uses:
a. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16.
section 9.5-434.5 (0 "Satellite earth stations."
(k) CFSD 11 (Located on Upper Matecumbe):
(1) As of right uses:
c. Collocations on existing antenna supporting structures. pursuant to
article VII. division 16. section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
d. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(f) "Satellite earth stations."
(2) Minor conditional uses:
a. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16.
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section 9.5-434.5 (0 "Satellite earth stations."
(1) CFSD 12 (Located on Big Pine):
(1) As of right uses:
d. Collocations on existing antenna supporting structures. pursuant to
article VII. division 16. section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
e. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(0 "Satellite earth stations."
(2) Minor conditional uses:
b. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16.
section 9.5-434.5 (f) "Satellite earth stations."
(m) CFSD 13 (Located on Summerland Key)
(1) As of right uses:
d. Collocations on existing antenna supporting structures. pursuant to
article VII. division 16. section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
e. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(0 "Satellite earth stations."
(2) Minor conditional uses:
e. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16.
section 9.5-434.5 (f) "Satellite earth stations."
(n) CFSD 14 (Located on Marathon):
(1) As of right uses:
d. Collocations on existing antenna supporting structures. pursuant to
article VII. division 16. section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
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e. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(f) "Satellite earth stations."
(2) Minor conditional uses:
d. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16.
section 9.5-434.5 (0 "Satellite earth stations."
(0) CFSD 15 (Located on Marathon):
(1) As of right uses:
d. Collocations on existing antenna supporting structures. pursuant to
article VII. division 16. section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
e. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(f) "Satellite earth stations."
(2) Minor conditional uses:
d. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16.
section 9.5-434.5 (0 "Satellite earth stations."
(P) CFSD 16 (Located at Conch Key)
(4) As of right uses:
a. Collocations on existing antenna supporting structures. pursuant to
article VII. division 16. section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
b. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(0 "Satellite earth stations."
(5) Minor conditional uses:
a. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16.
Freilich, Leitner & Carlisle
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50
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section 9.5-434.5 (0 "Satellite earth stations."
(q) CFSD 17 (Located on Old Boca Chica Road):
(3) As of right uses:
a. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 434.4 (6) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
b. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (c) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
c. Attached wireless communications facilities. as accessory uses.
pursuant to article VII, division 16, section 9.5 434.4 (d) 9.5-434.5 (d)
"Attached wireless communications facilities."
d. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(f) "Satellite earth stations."
(4) Minor conditional uses:
a. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 434.4 (c) 9.5-434.5 (e) "Stealth
wireless communications facilities."
6. Satellite carth statioRs, as aeecs30ry U3CS, pursuant to artiele VII,
division 16, seetion 9.5 434.5 (f) "Satcllite earth stations."
b. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16.
section 9.5-434.5 (f) "Satellite earth stations."
(5) Major conditional uses:
b. New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 434.4 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
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(r) CFSD 18 (Located on Lower Matecumbe Key) and CFSD 19 (Located on Hog Key):
(1) As of right uses:
h. Collocations on existing antenna supporting structures. pursuant to
article VII. division 16. section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
1. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(f) "Satellite earth stations."
(2) Minor conditional uses:
c. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16.
section 9.5-434.5 (f) "Satellite earth stations."
(s) CFSD 20 (Located on Little Torch Key):
(1) As of right uses:
k. Collocations on existing antenna supporting structures. pursuant to
article VII. division 16. section 9.5-434.5 (c) "Collocations on an
. . ."
eXIstmg antenna-supportmg structure.
1. Satellite earth stations less than two (2) meters in diameter. as
accessory uses. pursuant to article VII. division 16. section 9.5-434.5
(f) "Satellite earth stations."
(2) The following uses are permitted as minor conditional uses in the
Commercial Fishing Special District 20. subiect to the standards and procedures
set forth in article III. division 3. section 9.5-61 et seq:
c. Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16.
section 9.5-434.5 (f) "Satellite earth stations."
(~J.) No miRer or major conditional uses shall be permitted.
(31)The allocated residential density and the maximum net residential density for
this district shall be one (1) single family dwelling unit per acre, OR one (1)
single family dwelling unit per parcel for those parcels existing as of the date
of this section, whichever is less. In spite of Land Use Intensity section 9.5-
261, this residential density shall be allowed in addition to the nonresidential
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uses permitted above, with the floor area and open space ratios to be
determined pursuant to section 9.5-269.
Sec. 9.5-248. Mixed Use District (MU).
(a) As of right uses:
(14) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 434.4 (11) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(15) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (c) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
(16) Attached wireless communications facilities. as accessory uses.
pursuant to article VII, division 16, section 9.5 434.4 (d) 9.5-434.5
@ "Attached wireless communications facilities."
(17) Stealth wireless communications facilities. as accessory uses.
pursuant to article VII. division 16. section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(18) Satellite earth stations less than two (2) meters in diameter. as accessory
uses. pursuant to article VII. division 16. section 9.5-434.5 (ft "Satellite
earth stations."
(b) Minor conditional uses:
(11) Stealth '/lireless eommtHlicatisns facilities, as acccssory uscs,
pursuant to artiele VII, division 16, scctioR 9.5 434.4 ( e) "Stealth '.virclcss
communications facilities."
(11) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(c) Major conditional uses:
(10) New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 434.4 (a) 9.5-434.5 (a) "New antenna-supporting structures."
(11) Satcllite earth statioRs, pmsuant to article VII, di'.isioR 16, section 9.5 434.4
(f) "Satellite earth statioRs."
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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, sectioR 434.4 (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(11) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (c) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
(12) Attached wireless communications facilities. as accessory uses.
pursuant to article VII, division 16, section 9.5 434.4 (d) 9.5-434.5
@ "Attached wireless communications facilities."
(13) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 434.4 (c) section 9.5-434.5
( e) "Stealth wireless communications facilities."
(14) Satellite earth stations. as accessory uses. pursuant to article VII, division
16, section 9.5 434.4 (f) 9.5-434.5 (f) "Satellite earth stations."
(b) Minor conditional uses:
(3) New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 434.4 (a) 9.5-434.5 (a) "New antenna-supporting structures."
Sec. 9.5-250. Maritime Industries District (MI).
(a) As of right uses:
(12) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, sectioR 434.4 (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(13) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (e) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
(14) Attached wireless communications facilities. as accessory uses.
pursuant to article VII, division 16, section 9.5 434.4 (d) 9.5-434.5
@ "Attached wireless communications facilities."
(15) Stealth wireless communications facilities, as accessory uses,
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pursuant to article VII, division 16, section 9.5 434.4 (c) section 9.5-434.5
(e) "Stealth wireless communications facilities."
(16) Satellite earth stations. as accessory uses. pursuant to article VII, division
16, section 9.5 434.4 (f) 9.5-434.5 (0 "Satellite earth stations."
(b) Minor conditional uses:
(3) New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 434.4 (a) 9.5-434.5 (a) "New antenna-supporting structures."
Sec. 9.5-251. Military Facilities District (MF).
(a) As of right uses:
(10) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, scctiOR 434.4 (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(11) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (e) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
(12) Attached wireless communications facilities. as accessory uses.
pursuant to article VII, division 16, section 9.5 434.4 (d) 9.5-434.5
@ "Attached wireless communications facilities."
(13) Satellite earth stations. as accessory uses. pursuant to article VII, division
16, section 9.5 434.4 (f) 9.5-434.5 (0 "Satellite earth stations."
(14) Stealth wireless communications facilities. as accessory uses.
pursuant to article VII. division 16. section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(6) The fOllowing 1:1ses arc permittcd as minor cORditional1:1ses in the Military Facilitics
District, subject to the standards and procedures set forth in article II, division 3:
(1) Stealth 'l{ireles3 eomffi1:lfticati6ft3 facilitics, as accessory 1:13C3,
pursl:ltmt to artiele VII, tiivision 16, section 9.5 434.4 (c) "Stealth v;irclc33
eoHlflRlftieatioR3 facilities."
te1 ili1 The following uses are permitted as major conditional uses in the Military
Facilities District, subject to the standards and procedures set forth in article II, division
3:
(2) New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 434.4 (a) 9.5-434.5 (a) "New antenna-supporting structures."
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Sec. 9.5-252. Airport District (AD).
(e) As of right uses:
(1) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (0) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
(2) Satellite earth stations. as accessory uses. pursuant to article VII.
division 16. section 9.5-434.5 (0 "Satellite earth stations."
(f) Minor conditional uses:
(1) Attached wireless communications facilities. as accessory uses.
pursuant to article VII, division 16, section 9.5 434.4 (d) 9.5-434.5
@ "Attached wireless communications facilities."
(2) Satellite earth station3, pUfSUaftt to artie1e VII, division 16, section 9.5 434.4
(f) "Satellite earth stations."
(2) Replacement of an existing antenna-supporting structure pursuant to
article VII. division 16. section 9 .5-434.5 (b) "Replacement of an
existing antenna-supporting structure."
(3) Stealth wireless communications facilities. as accessory uses.
pursuant to article VII. division 16. section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(g) The follo....(ing U3es arc permitted ~ major conditional uses in the Airport District,
subject to the stand8fds afld procedures set forth in article II, division 3:
(1) Stcalth '.vireless communieations faeilitics, as aecessory uses,
PUfSUBftt: to artie1e VII, di...ision 16, section 9.5 434.4 ( e) "Stealth wirclcss
comnnmications facilities."
Sec. 9.5-253. Park and Refuge District (PR).
(a) As of right:
(4) Collocations on existing antenna-supporting structures. pursuant to
article VII. division 16. section 9.5-434.5 (c) "Collocations on an existing
antenna-supporting structure."
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(5) Attached wireless communications facilities as accessory uses. pursuant to
article VII. division 16. section 9.5-434.5 (d) "Attached wireless
communications facilities."
(6) Satellite earth stations. as accessory uses. pursuant to article VII. division 16.
section 9.5-434.5 (0 "Satellite earth stations."
(b) Minor conditional uses:
(3) Replacement of an existing antenna-supporting structure pursuant to article
VII. division 16. section 9.5-434.5 (b) "Replacement of an existing antenna-
supporting structure."
(4) Stealth wireless communications facilities. as accessory uses.
pursuant to article VII. division 16. section 9 .5-434.5 ( e) "Stealth wireless
communications facilities."
(c) The following fife permitted 8:3 majer conditional \:1:3eS in the Park and Refuge District
(PR), subject to the standards and pl'oceffi:ffes set f-orth in artiele III, division 3:
(1) Stealth wirelcss eommunicatiolls facilities, 8:3 oocesso1')' uses,
pursuant to article VII, division 16, section 9.5-434.4 (e) "Stealth wireless
communicatiofts facilities."
Sec. 9.5-254. Conservation District (CD).
The follov;ing usc is pcrmitted as of right in the Conservation District:
(a) Passive recreational use.
(a) The following uses are permitted as of right in the Conservation District. pursuant to
the standards and procedures set forth in article III. division 3:
(1) Passive recreational use.
(2) Collocations on existing antenna-supporting structures. pursuant to
article VII. division 16. section 9.5-434.5 (c) "Collocations on an existing
antenna-supporting structure."
(3) Satellite earth stations less than two (2) meters in diameter. as accessory uses.
pursuant to article VII. division 16. section 9.5-434.5 (0 "Satellite earth
stations."
(b) The following uses are permitted as minor conditional uses in the Conservation
District. pursuant to the standards and procedures set forth in article III. division 3:
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(1) Satellite earth stations greater than or equal to two (2) meters in
diameter. as accessory uses. pursuant to article VII. division 16. section 9.5-
434.5 (f) "Satellite earth stations."
Section 4. 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 5. Conflict. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 6. 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
_,2001.
Section 7. The Clerk of the Board is hereby directed to transmit a certified copy
of this ordinance to the Planning Department.
Section 8. 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 _ day of , 2001.
Mayor Neugent
Mayor Pro Tem Williams
Commissioner McCoy
Commissioner Nelson
Commissioner Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR NEUGENT
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
APPROVEu ,.) TO FORM
~A~
BY ~
Attorney's Office
DEPUTY CLERK
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STAFF REPORT
CHAPTER 9.5, ARTICLE VII, DIVISION 16
WIRELESS COMMUNICATIONS FACILITIES
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 conawav@mai1.state.fl.us
~
August 26, 200 I
TO:
Monroe County Board of County Commissioners
FROM:
K. Marlene Conaway, Director
Department of Planning and Environmental Resources
RE:
Proposed LDR Amendment
Division 6 Wireless Communications Facilities
Background:
According to an inventory compiled in 2000 by the Department of Planning and
Environmental Resources, there are approximately one hundred and fifty towers in the
Florida Keys, one hundred and ten towers are taller than seventy (70) feet in height.
Monroe County has communications equipment on thirty-two (32) towers across the
County including the incorporated areas. The County owns twenty towers ranging in size
from thirty-five (35) feet in height to three hundred and sixty (360) feet in height. The
height of the tallest privately owned tower is slightly less than five hundred and fifty
(550) feet.
Monroe County's Wireless Communications Facility Ordinance #028-1999 was adopted
by the Board of County Commissioners on the 21 st of July 1999. The DCA amended
ordinance became effective in September 1999. In February 22, 200 I the Board of
County Commissioners passed Resolution No. 117-2001 directing the staff of the Growth
Management Division to defer the processing of development permit application for
communication towers in excess of J 00 feet in height until the adoption by the County
Commission of an amendment to the Monroe County Land Development Regulations
concerning such towers or the passage of J 80 days, whichever comes first.
The County contracted with the Freilich, Leitner, and Carlisle Law Offices in Kansas
City, Missouri to prepare an amendment to the Wireless Communications Facility
Ordinance. Staff from the Growth Management Division and the Communications
Department has worked with the contractors in preparing the first draft of the ordinance.
The Planning Commission reviewed the ordinance at a public hearing on July 25, August
8, and August 14,2001.
Summary:
The amendment to Division 6 Wireless Communications Facilities of the Land
Development Regulations addresses concerns about:
1) Visual and environmental impacts of new facilities,
2) Administration of the ordinance,
3) Proliferation of Antennae Supporting-Structures (Towers)
4) Compliance with the Telecommunications Act of 1996 (TCA).
.
To address the visual and environmental impacts of new antennaesupporting-
structures, height is limited to one hundred and ninety-nine feet.
New guyed supporting structures are prohibited and antennas are required to be either
lattice or monopole to reduce the potential impact on wildlife.
Setbacks are increased from Residential District (IS, SR, UR, or URM)and from
US# 1 to one hundred (100) percent of the height of the antenna-supporting structure.
To encourage maintenance of existing facilities the districts where replacement
towers are permitted has been increased.
A replacement tower may not exceed the height of the structure it is replacing or, ifin
a district where taller towers are permitted, the height restrictions for a new tower. In
most of the residential, and the airport and parks and recreation districts replacement
towers are required to be the same height as the existing tower or meet the height
requirements for the district, whichever is less.
New antenna-supporting structures are prohibited unless it can be demonstrated that
collocation is impossible. Co-location on existing and new towers is encouraged by
making co-location an "As-of-Right" review in all districts and by requiring new
tower applicants to submit a signed statement agreeing to allow co-location of other
wireless equipment on proposed facilities.
Stealth facilities are less visually intrusive then towers and therefore are permitted as-
of-right or as a minor rather than a major conditional use to encourage more
applicants to use this alternative.
To bring the regulations into compliance with the Telecommunications Act of 1996,
satellite earth stations of less than a meter in diameter and not greater than 35 feet in
height, and that are less than two meters in diameter in the industrial and commercial
districts are permitted as-of-right.
Due to the complexity of the ordinance, authority is provided to hire a third party for
technical review at the costs to the applicant.
A variance procedure for setbacks and landscaping is provided.
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Recommendation:
The Planning staff recommends approval of the final Planning Commission
recommended Wireless Communications text amendment to the Land Development
Regulations; Chapter 9.5, Article VII, Division 6: Wireless Communications Facilities.
PLANNING COMMISSION RESOLUTION
CHAPTER 9.5, ARTICLE VII, DIVISION 16
WIRELESS COMMUNICATIONS FACILITIES
RESOLUTION NO. P55-01
A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION RECOMMENDING
APPROVAL TO THE BOARD OF COUNTY
COMMISSIONERS OF THE REQUEST FILED BY THE
PLANNING DEPARTMENT TO AMEND THE
MONROE COUNTY LAND DEVELOPMENT
REGULATIONS BY AMENDING THE TEXT OF
SECTION 9.5-434 AND SECTIONS 9.5-232 THROUGH
9.5-254 TO INCLUDE THE LOCATION,
MANAGEMENT, SITING AND DESIGN
SPECIFICATIONS FOR WIRELESS
COMMUNICATION FACILITIES INCLUDING
SATELLITE EARTH STATIONS, AS WELL AS
DISTRICTING AND PERMITTED USE
REGULATIONS.
WHEREAS, Resolution No. 117-2001 of the Monroe County Board of County
Commissioners (The Board), passed on February 22, 2001, directed Monroe County
Growth Management Division to defer the processing of development permit application
for communication towers in excess of 100 feet in height until the adoption by the
County Commission of an amendment to the Monroe County Land Development
Regulations concerning such towers or the passage of 180 days, whichever comes first;
and
WHEREAS, on February 22, 2001, the county instituted a moratorium on the
issuance of permits for communication towers in excess of 100 feet in order to develop
an amendment to the Land Development Regulations to address the following concerns:
1) the visual and environmental impacts of new wireless communications facilities, 2) the
proper administration of the proposed ordinance, 3) the need to encourage "non-tower"
facilities; including co-locations, as opposed to new antenna-supporting facilities, and 4)
compliance with the Telecommunications Act of 1996; and
WHEREAS, The Planning Commission was presented with the following
evidence, which by reference is hereby incorporated as part of the record of said hearing;
1. Staff report prepared on July 7, 2001 by K. Marlene Conaway, Director, Planning and
Environmental Resources;
2. Proposed changes to the Monroe County Land Development Regulations; and
3. The sworn testimony of the Growth Management Staff; and
4. The testimony and analysis of radio frequency engineers and wireless facility
managers; and
5. Comments by the public; and
WHEREAS, the Planning Commission has made the following Findings of Fact
based on the evidence presented:
1. Resolution No. 117-2001 of the Monroe County Board of County Commissioners,
passed on February 22, 2001, directed Monroe County Growth Management Division to
defer the processing of development permit applications for communication towers in
excess of 100 feet in height until the adoption by the County Commission of an
amendment to the Monroe County Land Development Regulations concerning such
towers or the passage of 180 days, whichever comes first, and
2. It is necessary to amend the existing Wireless Communications Ordinance to
address the County's need for a wireless communications system that not only
accommodates the continued expansion of wireless services to the County, but that also
reflects the community character and environmental concerns inherent to the County; and
WHEREAS, the Planning Commission has made the following Conclusions of
Law based on the evidence presented:
Based on the Monroe County Year 2010 Comprehensive Plan, we find that the proposed
changes to the Monroe County Land Development Regulations are consistent with its
goals, objectives and policies set forth in the Plan. NOW THEREFORE;
BE IT RESOLVED by the Planning Commission of Monroe County, Florida, that the
preceding Findings of Fact and Conclusions of Law, support its decision to recommend
APPROV AL to the Board of County Commissioners of the addition to the text of the
Monroe County Land Development Regulations, Section 9.5-434 "Wireless
Communication Facilities," and Sections 9.5-232 through 9.5-254 "Permitted Uses," as
follows:
DIVISION 16. WIRELESS COMMUNICATIONS FACILITIES
Sec. 9.5-434.1. Purpose and Intent.
The purpose and intent of this division is to:
(a) Promote the health, safety and general welfare of the public by regulating the
siting of wireless communication facilities, including satellite earth stations;
and
(b) Minimize the impacts of wireless communication facilities on surrounding
areas by establishing standards for location, structural integrity and
compatibility; and
(c) Encourage the location and collocation of wireless communication equipment
on existing structures thereby minimizing new visual, aesthetic and public
safety impacts, effects upon the natural environment and wildlife. and to
reduce the need for additional antenna-supporting structures; and
(d) Accommodate the growing need and demand for wireless communication
services; and
(e) Encourage coordination between suppliers of wireless communication services
in Monroe County; and
(f) Protect the character, scale, stability, and aesthetic quality of the residential
districts of the County by imposing certain reasonable restrictions on the
placement of certain satellite earth stations; and
(g) Respond to the policies embodied in the Telecommunications Act of 1996 in
such a manner as not to unreasonably discriminate between providers of
functionally equivalent personal wireless service or to prohibit or have the
effect of prohibiting personal wireless service in the County, and
(h) Establish predictable and balanced regulations governing the construction and
location of wireless communications facilities, within the confines of
permissible local regulation, and
(i) Establish review procedures to ensure that applications for wireless
communications facilities are reviewed and acted upon within a reasonable
period oftime.
Sec. 9.5-434.2. Definitions.
F or the purposes of this division, the terms and phrases listed below shall have the
following meanings:
(A-i) Ancillary Structures means forms of development associated with a wireless
communications facility, including but not limited to: foundations, concrete
slabs on grade, guy wire anchors, generators, and transmission cable
supports; however, specifically excluding equipment enclosures.
(A-2) Anti-Climbing Device means a piece or pieces of equipment which are
either attached to antenna-supporting structure, or which are free-standing
and are designed to prevent people from climbing the structure. These
devices may include but are not limited to fine mesh wrap around structure
legs, "squirrel-cones", the removal of climbing pegs on monopole
structures, or other approved devices, but excluding the use of barbed wire.
(A-3) Antenna means any apparatus designed for the transmIttmg and/or
receiving of electromagnetic waves which includes but is not limited to
telephonic, radio or television communications. Types of antennas include,
but are not limited to: omni-directional (whip) antennas, sectorized (panel)
antennas, multi or single bay (FM & TV), yaggie, or parabolic (dish)
antennas.
(A-4) Antenna Array means a single or group of antennas and their associated
mounting hardware, transmission lines, or other appurtenances which share
a common attachment device such as a mounting frame or mounting
support.
(A-5) Antenna-Supporting Structure means a vertical projection composed of
metal, wood, or other substance with or without a foundation that is for the
express purpose of accommodating antennas at a desired height above
grade. Antenna-supporting structures do not include any device used to
attach antennas to an existing building, unless the device extends above the
highest point of the building by more than twenty (20) feet.
(A-6) Attached Wireless Communication Facility means an antenna or antenna
array that is attached to an existing building with any accompanying pole
or device which attaches it to the building, transmission cables, and an
equipment enclosure, which may be located either inside or outside of the
existing building. An attached wireless communications facility is
considered to be an accessory use to the existing principle use on a site.
(C-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
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.
(C-2) Combined antenna means an antenna or antenna array designed and
utilized to provide services for more than one carrier.
(C-3) Conical Zone means an area which extends outward from the outer edge of
the Horizontal Zone with a radius distance equivalent to five thousand two
hundred eighty (5,280) feet.
(D-l) 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-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.
(F-l) FAA means the Federal Aviation Administration.
(F-2) FCC means the Federal Communications Commission.
(G-l) Guyed means a style of antenna-supporting structure consisting of a single
truss assembly composed of sections with bracing incorporated. The
sections are attached to each other, and the assembly is attached to a
foundation and supported by a series of guy wires which are connected to
anchors placed in the ground or on a building.
(G-2) Glide Path means a ratio equation used for the purposes of limiting the
overall height of vertical projections in the vicinity of private airports. The
ratio limits each foot of height for a vertical projection based upon a
horizontal distance measurement.
(H-l) Horizontal Zone means an area longitudinally centered on the perimeter of
a private airport's runway which extends outward from the edge of the
primary surface a distance equivalent to five thousand two hundred and
eighty (5,280) feet.
(L-l) Lattice means a style of antenna-supporting structure that consists of
vertical and horizontal supports with multiple legs and cross-bracing, and
metal crossed strips or bars to support antennas.
(M-l) 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-l) Personal Wireless Service means commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services,
as defined in the Telecommunications Act of 1996.
(P-2) Primary Surface means the area extending a distance of fifty (50) feet to
both sides of the centerline of a private airport's runway, and running the
distance of the runway.
(P-3) Public Antenna-Supporting Structure means an antenna-supporting
structure, appurtenances, equipment enclosures, and all associated ancillary
structures used by a public body or public utility for the purposes of
transmission and/or reception of wireless communication signals associated
with but not limited to: public education, parks and recreation, fire and
police protection, public works, and general government.
(R-1) Radio Frequency Emissions means any electromagnetic radiation or other
communications signal emitted from an antenna or antenna-related
equipment on the ground, antenna-supporting structure, building, or other
vertical projection.
(R-2) Replacement means the construction of a new antenna-supporting structure
built to replace an existing antenna-supporting structure.
(S-1) Satellite Earth Station means a single or group of satellite parabolic (or
dish) antennas. These dishes are mounted to a supporting device which
may be a pole or truss assembly attached to a foundation in the ground, or
in some other configuration. A satellite earth station may include the
associated separate equipment enclosures necessary for the transmission or
reception of wireless communications signals with satellites.
(S-2) Stealth Wireless Communications Facility means a wireless communications
facility, ancillary structure, or equipment enclosure that is not readily
identifiable as such, and is designed to be aesthetically compatible with
existing and proposed uses on a site. A stealth facility may have a
secondary function, including, but not limited to the following: church
steeple, bell tower, spire, clock tower, cupola, light standard, flagpole with
a flag, etc.).
(W-1) Wireless Communications means any personal wireless service, which
includes but is not limited to, cellular, personal communication services
(PCS), specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), and paging. Wireless Communications also includes radio and
television broadcast services and other radio frequency signals, including
those transmitted or received by a satellite earth station.
(W-2) Wireless Communication Facility (WCF) means any staffed or unstaffed
facility for the transmission and/or reception of radio frequency signals, or
other wireless communications, and usually consisting of an antenna or
group of antennas, transmission cables, and equipment enclosures, and
may include an antenna-supporting structure. The following developments
shall be considered as a Wireless Communication Facility: developments
containing new or existing antenna-supporting structures, public antenna-
supporting structures, replacement antenna-supporting structures,
collocations on existing antenna-supporting structures, attached wireless
communications facilities, stealth wireless communication facilities, and
satellite earth stations.
Sec. 9.5-434.3. Applicability.
(3) B<<::ept 3S PFO'Ji008 tor in subsectiOA (b) 0010'.'1, this division shall apply to
development Jdj'Aties iAcll:Il:li~ installJtien, OOAstruction, or modification to the
toUol/ling. wimloss oomml:lAications faGilities:
(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 division,
notwithstanding the provisions contained in Chapter 6 of the Monroe County
Code:
(1) Amateur radio antennas as provided in Florida Statutes 125.561; and
(2) Satellite earth stations that are one (1) meter or less in diameter and
which are not greater than thirty-five (35) feet above grade; and
(3) Satellite earth stations that are two meters or less in diameter and that
are located or proposed to be located in the following land use
districts: I, MI, SC, and DC; and
(4) Regular maintenance of any existing wireless communications facility
that does not include the placement of a new wireless communications
facility; and
(5) The substitution or change of existing antennas or other equipment on
an existing antenna-supporting structure provided the substituted
antennas or equipment do not diminish the structural capacity of the
antenna-supporting structure, and provided such change does not
increase the overall height of the structure; and
(6) Any existing or proposed antenna-supporting structure with an overall
height of seventy (70) feet or less above ground level; and
(7) A wireless communications facility, upon the declaration of a state of
emergency by federal, state, or local government, and a written
determination of public necessity for the facility by the Director of
Public Safety; except that such facility must comply with all federal
and state requirements. No wireless communications facility shall be
exempt from the provisions of this division beyond the duration of the
state of emergency.
Sec. 9.5-434.4. Uses by Land Use District.
(a) Pursuant to Sections 9.5-232 through 9.5-255, and except as provided in
subsection (b) below, no wireless communications facility shall be permitted
in a particular land use district except in accordance with the table below.
Replacement of
New Existing
Antenna Antenna
Land Use Supporting Supporting Attached Stealth Satellite Earth
District Structure Structure Co-Location Facility Facility Station
AD Prohibited Minor As-of-Right Minor Minor As-of-Right
CD Prohibited Prohibited As-of-Right Prohibited Prohibited Minor 3
CFA Major As-of-Right As-of-Right Minor Minor Minor 3
CFSD1 Prohibited Prohibited As-of-Right Prohibited Prohibited Minor 3
IcFSD2 Major As-of-Right As-of-Right As-of-Right Minor Minor 3
IcFV Prohibited Minor As-of-Right Minor Minor Minor 3
DR Major As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
I Minor As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
IS Prohibited Prohibited As-of-Right Prohibited Major Minor3
MF Major As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
MI Minor As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
MN Prohibited Prohibited As-of-Right Prohibited Prohibited Minor 3
MU Major As-of-Right As-of-Right As-of-Right As-of-Right Minor3
NA Prohibited As-of-Right As-of-Right Minor Minor Minor 3
OS Prohibited Prohibited As-of-Right Prohibited Prohibited Minor 3
PR Prohibited Minor As-of-Right As-of-Right Minor As-of-Right
RV Prohibited Minor As-of-Right Minor Minor Minor3
SC Major As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
SR Prohibited Minor As-of-Right Prohibited Minor Minor 3
SR-L Prohibited Minor As-of-Right Prohibited Minor Minor 3
55 Prohibited Prohibited As-of-Right Prohibited Minor Minor>
UC Major As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
UR Prohibited Minor As-of-Right As-of-Right Minor Minor"
~RM Prohibited Minor As-of-Right Prohibited Minor Minor3
URM-L Prohibited Minor As-of-Right Prohibited Minor Minor>
I includes the following Commercial Fishing Special Districts: 1. 2 8, 9. 10, II, i2, i3, 14, i5, i6. 18, 19 & 20
includes the following Commercial Fishing Special Districts: 3,4,5. 6, 7 & i7
Satellite earth stations proposed in this land use district that are less than 2.0 meters in diameter shall be allowed as-of-right.
(b) Within the following districts, new antenna-supporting structures may be
permitted as a major conditional use, provided that the antenna-supporting
structure is owned by Monroe County and is used exclusively for non-
proprietary public safety communications: CD, MN, OS, and PR.
Sec. 9.5-434.5. Development Standards.
These standards shall apply to the following types of wireless communications facilities:
(a) New Antenna Supporting Structures.
(1) Approval criteria for new antenna-supporting structures:
a. Setbacks.
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 Section 9.5-345;
and
2. Any new antenna-supporting structures, equipment
enclosures and ancillary structures shall meet the
minimum setback requirements for the land use district
where they are located pursuant to Section 9.5-281; and
3. New antenna-supporting structures constructed on a
property or properties which is/are contiguous to the IS,
SR, UR or URM zones shall be set back from these
zones a distance equal to thirty (30) percent the overall
height of the antenna-supporting structure; and
4. New antenna-supporting structures shall be set back
from the right-of-way of U.S. Highway 1 a distance
equal to thirty (30) percent of the overall height of the
antenna-supporting structure.
b. Height.
The overall height of any antenna-supporting structure shall
not be greater than one-hundred and ninety-nine (199) feet.
c. Construction.
New antenna-supporting structures shall have a monopole
type construction only, and shall not be guyed or have a
lattice type construction; except that AM broadcast
facilities may have a guyed type construction.
d. Structural Integrity.
I. The entire antenna-supporting structure and all
appurtenances shall be designed pursuant to the wind
speed design requirements of ASCE 7-95, including
any subsequent modification to those specifications;
and
2. The new antenna-supporting structure shall be designed
to accommodate the wireless communications
equipment of other wireless communication service
providers. The exact amount of additional equipment to
be accommodated shall be agreed upon during a pre-
application conference and recorded in the Letter of
Understanding resulting from the conference; and
3. The antenna-supporting structure shall be designed to
ensure that, in the event of structural failure, the facility
will collapse within the boundaries of the property on
which the facility is located.
e. Lighting.
I. 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.
f. 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 personal wireless services in
the area of the County to be served by the proposed
antenna-supporting structure.
2. Evidence submitted to demonstrate that no existing
wireless communications facility could accommodate
the applicant's proposed facility through either
collocation or a combined antenna may consist of any
of the following:
(i) No existing wireless communications facilities
located within the geographic area meet the
applicant's engineering requirements.
(ii) Existing wireless communications facilities are
not of sufficient height to meet the applicant's
engineering requirements.
(iii)Existing wireless communications facilities do
not have sufficient structural strength to support
the applicant's proposed wireless
communications facilities and related
equipment.
(iv)The applicant demonstrates that there are other
limiting factors that render existing wireless
communications facilities unsuitable.
g. Color.
New antenna-supporting structures shall maintain a
galvanized gray finish or other accepted contextual or
compatible color, except as required by federal rules or
regulations.
h. Radio Frequency Emissions.
The radio frequency emissions shall comply with FCC
standards for such emissions.
1. Intensity Requirements.
1. For the purposes of impact fee calculation, the floor area
for a wireless communications facility shall be
considered as only the total square footage of all
equipment enclosures; and
2. The following shall be considered as development area
and shall be required to meet the setbacks and open
space ratio requirements for the land use district and/or
habitat where they are located:
(i) The area beneath all equipment enclosures; plus
(ii) The area of the antenna-supporting structure
foundation at or above grade; plus
(iii) The area beneath ancillary structures, excluding
that which is beneath guy wires (if applicable);
plus
(iv) The area inside the antenna-supporting structure
framework.
J. Security.
Fencing, in accordance with Section 9.5-309, and/or anti-
climbing devices shall be required to preserve security on
wireless communication facilities.
k. Landscaping.
Landscaping and or screening in the form of at least a Class
D buffer as drawn in the Class D Bufferyard Figure in
Section 9.5-379 shall be required around the development
area.
1. Signage.
The only signage that is permitted upon an antenna-
supporting structure, equipment enclosures, or fence (if
applicable) shall be informational, and for the purpose of
identifying the antenna-supporting structure, as well as the
party responsible for the operation and maintenance of the
facility, its current address and telephone number, security
or safety signs, and property manager signs (if applicable).
m. Aircraft Obstruction.
In addition to the provisions of Section 9.5-252, the overall
height of a new antenna-supporting structure located in the
vicinity of a private airport shall be limited by the
following:
(i) A 35: 1 glide path ratio in the Horizontal Zone
limiting the heights of new antenna-supporting
structures to one hundred fifty (150) feet within
one (1) statutory mile (5,280 feet) from the edge
of the private airport primary surface; and
(ii) A 12:1 glide path ratio in the Conical Zone
limiting the heights of new antenna-supporting
structures to six hundred (600) feet within one
(1) statutory mile (5,280 feet) from the edge of
the Horizontal Zone.
n. Adverse Effects on Adjacent Properties and Compatibility with
Community Character.
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 Section 9.5-65 (b)
and (c). The applicant shall demonstrate that
alternative locations, configurations, and facility types
have been examined and shall address in narrative form
the feasibility of any alternatives that may have fewer
adverse effects on adjacent properties or that would be
more compatible with the character of the community
than the facility, configuration, and location proposed.
2. The following attributes shall be considered from
vantage points within three (3) miles of the base of the
proposed antenna-supporting structure:
(i) Height; and
(ii) Mass and scale; and
(iii) Materials and color; and
(iv) Illumination.
(2) Submittal requirements for new antenna-supporting structure
applications:
a. A completed application form and any appropriate fees; and
b. Three (3) sets of signed and sealed site plans; and
c. A property card for the subject property from the Monroe
County Property Appraiser's Office or a tax bill showing the
ownership of the subject parcel; and
d. A form indicating that a property and/or antenna-supporting
structure's owner's agent has authorization to act upon their
behalf (if applicable); and
e. A signed statement from the antenna-supporting structure's
owner or owner's agent stating that the radio frequency
emissions comply with FCC standards for such emissions; and
f. Proof of an FCC license or construction permit to transmit
radio signals in Monroe County; and
g. A stamped or sealed structural analysis of the proposed
antenna-supporting structure prepared by a licensed Florida
engineer indicating the proposed and future loading capacity of
the antenna-supporting structure; and
h. One original and two (2) copies of a survey of the property
completed by a licensed Florida engineer which shows all
existing uses, structures, and improvements; and
1. Three (3) copies of a vegetation surveyor Habitat Evaluation
Index (HEI); and
J. Photo-simulated post construction renderings of the proposed
antenna-supporting structure, equipment enclosures, and
ancillary structures as they would look after construction from
locations to be determined during the pre-application
conference; and
k. Proof of FAA compliance with Subpart C of the Federal
Aviation Regulations Part 77, Objects Affecting Navigable
Airspace; and
1. A signed statement from the antenna-supporting structure
owner agreeing to allow the collocation of other wireless
equipment on the proposed antenna-supporting structure; and
m. If required by the United States Fish and Wildlife Service, a
letter indicating that the proposed antenna-supporting structure
and appurtenances are in compliance with all applicable federal
rules and regulations; and
n. All other documentation, evidence, or materials necessary to
demonstrate compliance with the applicable approval criteria
set forth in this chapter, including where applicable:
I. existing wireless communications facilities to which the
proposed facility will be a handoff candidate, including
latitude, longitude, and power levels of each;
2. a radio frequency plot indicating the coverage of
existing wireless communications sites, and that of the
proposed site sufficient to demonstrate radio frequency
search area, coverage prediction, and design radius;
3. a statement by a qualified professional engineer
specifying the design structural failure modes of the
proposed facility; and
4. antenna heights and power levels of the proposed
facility and all other facilities on the subject property.
(3) A pre-application conference is required for any new antenna-
supporting structure.
At the time a pre-application conference is held, the applicant shall
demonstrate that the following notice was mailed (via certified mail) to
all interested parties, including other wireless service providers
licensed to provide service within Monroe County as indicated on the
list of wireless service providers and interested parties provided by the
Monroe County Planning Department:
"Pursuant to the requirements of the Monroe County Land
Development Regulations, (name of provider) is hereby providing you
with notice of our intent to meet with the Monroe County Planning
Department in a pre-application conference to discuss the location of
a free-standing wireless communications facility that would be located
at _(location) . In general, we plan to construct a support
structure of _ feet in height for the purpose of providing
(type of wireless service) . Please inform us and the
Planning Department if you have any desire for placing additional
wireless facilities or equipment within two (2) miles of our proposed
facility. Please provide us with this information within ten (10)
business days after the date of this letter. Your cooperation is sincerely
appreciated.
Sincerely, (pre-application applicant, wireless provider) "
(b) Replacement of an Existing Antenna-Supporting Structure.
(1) Approval criteria for replacement antenna-supporting structures
a. For a proposed replacement antenna-supporting structure to be
approved, it shall meet the same approval criteria d., e., g.
through j. and 1. as indicated in Section 9.5-434.5(a) (1), as
well as the following:
b. Setbacks.
I. Any new equipment enclosures shall meet the
minimum setback requirements for the land use district
where they are located pursuant to Section 9.5-281; and
2. Replacement antenna-supporting structure foundations
(excluding guy wire anchors) constructed on a property
or properties which is/are contiguous to the IS, SR, UR
or URM zones shall not be any closer to these zones
than the foundation of the original antenna-supporting
structure being replaced; and
3. Replacement antenna-supporting structures and the
associated ancillary structures shall meet the
environmental design criteria related to wetland
setbacks pursuant to Section 9.5-345 to the maximum
extent practicable.
c. Height.
1. Except as provided in subsection 2. below, replacement
antenna-supporting structures shall not exceed the
height requirements set forth in S9.5-434.5(a)(l)b. or
the height of the antenna-supporting structure it is
replacing, whichever is less.
2. In the following land use districts, replacement antenna-
supporting structures shall not exceed the height
requirements set forth in 99.5-434.5(a)(1 )b. or the
height of the antenna-supporting structure it is
replacing, whichever is greater: CF A, DR, I, MF, MI,
MU, NA, SC, UC, and CFS Districts 3, 4, 5, 6, 7, and
17.
d. Construction.
Subject to the height provisions above:
I. Replacement antenna-supporting structures with an
overall height of one-hundred and ninety-nine (199)
feet or less shall have a monopole type construction;
except that AM broadcast replacement facilities may be
of the same construction type as the structure being
replaced.
2. Replacement antenna-supporting structures with an
overall height of greater than one-hundred and ninety-
nine (199) feet, may be of the same construction type as
the structure being replaced.
e. Landscaping.
Landscaping and or screening in the form of at least a Class
D buffer as drawn in the Class D Bufferyard Figure in
Section 9.5-379 shall be required around the development
area to the maximum extent practicable.
(2) Submittal requirements for replacement antenna-supporting structure
applications:
a. For a proposed replacement antenna-supporting structure
application to be considered complete pursuant to Section 9.5-
44, it shall contain the same submittal materials required as
indicated in Section 9.5-434.5(a)(2) a. through i., k., 1. and n.
(c) Collocations on an Existing Antenna-Supporting Structure.
(1) Approval criteria for collocations on existing antenna-supporting
structures:
a. For a collocation on an existing antenna-supporting structure to
be approved, it shall meet with approval criteria i., j. and 1. as
indicated in Section 9.5-434.5 (a) (I), as well as the following:
b. Height.
A collocation on an existing antenna-supporting structure
shall not increase the overall height of the antenna-
supporting structure beyond that allowed under Section 9.5-
434.5(a)(1)b.
c. Structural Integrity.
Any collocation on an existing antenna-supporting structure
shall not impair the structure's ability to maintain the wind
speed design requirements of ASCE 7-95, including any
subsequent modification to those specifications.
d. Setbacks.
New equipment enclosures placed at an eXIstmg legally
non-conforming wireless communications facility (with
respect to wetland setbacks) shall be required to meet the
environmental design criteria of Section 9.5-345.
e. Radio Frequency Emissions.
The applicant shall demonstrate that radio frequency
emissions comply with FCC standards for such emissions,
taking into account all collocated wireless communications
facilities placed or proposed for placement on the antenna-
supporting structure.
(2) Submittal requirements for collocation on an existing antenna-
supporting structure applications:
a. For a collocation on an existing antenna-supporting structure
application to be considered complete pursuant to Section 9.5-
44, it shall contain submittal materials a. through f. and n. as
indicated in Section 9.5-434.5 (a) (2), as well as the following:
1. A stamped or sealed structural analysis of the existing
antenna-supporting structure prepared by a licensed
Florida engineer indicating that the existing antenna-
supporting structure as well as all existing and proposed
appurtenances can withstand a peak wind speed gust
equivalent to the original design criteria for the
antenna-supporting structure.
2. A copy of the lease or sublease between the owner of
the antenna-supporting structure and the applicant
seeking to place additional wireless equipment on the
structure. Clauses related to lease term or rent may be
deleted or censored.
(d) Attached Wireless Communications Facilities.
(1) Approval criteria for attached wireless communications facilities:
a. For a proposed attached wireless communications facility to
approved, it shall meet with the approval criteria h., i., and 1. as
indicated in Section 9.5-434.5 (a) (1), as well as the following:
b. Accessory Use.
An attached wireless communications facility shall be an
accessory use as defined by Section 9.5-4 in the Land
Development Regulations; and
c. Height.
I. The antenna, antenna array, attachment device,
equipment enclosure and/or any ancillary equipment
shall not extend above the ground by more than seventy
(70) feet; and
2. Existing or proposed attached wireless communications
facilities which project more than seventy (70) feet
above the ground shall be considered as an antenna-
supporting structure and subject to the provisions for
these types of uses pursuant to Section 9.5-434.5 (a);
and
d. Construction.
Attached facilities may have a guyed, lattice, or monopole
type construction, but in no case shall a lattice type
construction exceed a height of ten (10) feet from the base
of the attached facility; and
e. Color.
All attached antenna or antenna arrays, equipment
enclosures and ancillary equipment visible from outside the
building where they are located shall be painted so as to
blend in with the building where they are placed; and
f. Screening and Placement.
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; and
2. An attached wireless communications facility shall only
be attached to a commercial, industrial, hotel,
multifamily, institutional, or public building.
(2) Submittal requirements for attached wireless communications facility
applications:
a. For a proposed attached wireless communication facility
application to be considered complete pursuant to Section 9.5-
44, it shall contain submittal materials a. through f., h. and n. as
indicated in Section9.5-434.5(a)(2).
(e) Stealth Wireless Communications Facilities.
(I) Approval criteria for stealth wireless communications facilities:
a. Setbacks.
I. Stealth facilities shall meet the environmental design
criteria related to wetland setbacks pursuant to Section
9.5-345~ and
2. Stealth facilities shall meet the mInImum setback
requirements for the land use district where they are
located pursuant to Section 9.5-281.
b. Height.
Stealth wireless communications facilities shall not exceed
one hundred (100) feet in overall height.
c. Construction.
No stealth wireless communications facility shall be guyed
or have lattice type construction.
d. Accessory Use.
A stealth facility shall be an accessory use as defined by
section 9.5-4 in the Land Development Regulations.
e. Structural Integrity.
The stealth facility shall be designed pursuant to the wind
speed design requirements of ASCE 7-95, including any
subsequent modification to those specifications.
f. Aesthetics.
No stealth facility, whether fully enclosed within a building
or otherwise, shall have antennas, antenna arrays,
transmission lines, equipment enclosures or other ancillary
equipment which is readily identifiable from the public
domain as wireless communications equipment.
(2) Submittal requirements for stealth wireless communications facilities:
a. 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 i. and n.,
indicated in Section 9.5-434.5(a)(2) as well as a photo
simulated post construction renderings of the proposed stealth
facility, equipment enclosures, and ancillary structures as they
would look after construction from the public domain.
b. For a proposed stealth wireless communications facility that is
not ground-mounted, the Planning Director may waive certain
submittal requirements to reflect the necessary documentation
required to demonstrate compliance with the provisions of this
chapter.
(I) Satellite Earth Stations.
(1) Approval criteria for satellite earth stations:
a. In order to advance the health, safety, and aesthetic objectives
of this division, and in order to protect the residential character
of certain land use districts, the following restrictions shall
apply:
1. A proposed satellite earth station less than two meters
in diameter shall conform with approval criteria a. and
1. as indicated in Section 9.5-434.5 (a) (1).
2. A proposed satellite earth station greater than or equal
to two (2) meters in diameter, shall conform with
approval criteria a., j., and 1. as indicated in Section 9.5-
434.5 (a) (1).
3. Height.
The maximum height for any portion of a satellite
earth station shall not exceed thirty-five (35) feet.
4. Landscaping.
F or a proposed satellite earth station that is greater
than or equal to two (2) meters in diameter, a Class
A buffer shall be provided, in accordance with
Section 9.5-379, between the proposed facility and
any adjacent residential uses and the public right of
way.
5. Placement.
The proposed satellite earth station shall not be
placed in any front yard or a side yard that is
adjacent to a public right of way.
6. Accessory Use.
A satellite earth station shall be approved only as an
accessory use as defined by Section 9.5-4 in the
Land Development Regulations.
(2) Submittal requirements for satellite earth station applications:
a. For a proposed satellite earth station less than two (2) meters in
diameter, the applicant shall submit materials required by a.
through f. and n. as indicated in Section 9.5-434.5 (a) (2).
b. For a proposed satellite earth station greater than or equal to
two (2) meters in diameter, the applicant shall submit materials
required by a. through f, i., m., and n. as indicated in Section
9 .5-434.5( a)(2).
(3) Limited waiver of requirements.
a. The Planning Director may waive the requirements of Section
9.5-434.5(f) where an applicant for a satellite earth station
demonstrates that compliance with these provisions will:
I. materially limit transmission or reception by the
proposed satellite earth station; or
2. impose more than minimal costs on users of the facility.
b. However, the Planning Director may not waive any
requirement to a greater extent than is required to ensure that
transmission or reception is not materially limited and that no
more than minimal costs are incurred by the user to achieve
such transmission or reception.
c. The Planning Director, in determining whether to waive certain
requirements of Section 9.5-434.5(f), may consider the
following:
1. the relative cost to the applicant to comply with these
provisions in light of the costs associated with the
installation of the satellite earth station;
2. the existing conditions on the subject property, both
man-made and natural; and
3. the effect of a waiver on the public safety.
Sec. 9.5-434.6. Expert Review.
(a) Where due to the complexity of the methodology or analysis required to
review an application for a wireless communication facility, the Planning
Director may require a technical review by a third party expert, the costs of
which shall be borne by the applicant. Third party review is required as part
of the review for any variance application submitted pursuant to section 9.5-
434.7.
(b) The expert review may address any or all of the following:
(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 division; and
(5) Other matters deemed by the Planning Director to be relevant to
determining whether a proposed wireless communications facility
complies with the provisions of this division.
(c) Based on the results of the expert review, the Planning Director may require
changes to the applicant's application or submittals.
(d) The applicant shall reimburse the County within five (5) working days of the
date of receipt of an invoice for expenses associated with the third party
expert's review of the application. Failure by the applicant to make
reimbursement pursuant to this section shall abate the pending application
until paid in full.
Sec. 9.5-434.7. Variance.
(a) Applicability.
This section shall not apply to applications for satellite earth stations.
(b) Review criteria and expedited procedure.
Except as provided in subsection (a) above, the planning commission may
grant variances from the minimum height requirements set forth in this
division. The planning commission, in granting or denying such a
variance, shall consider whether the following conditions have been met:
1. A determination that the granting of the variance will not result in
additional public expenses that would not otherwise occur; create a
nuisance; or cause fraud or victimization of the public;
2. A determination that the variance sought is the minimum necessary to
address the need for the variance, subsequent to exploring all
reasonable siting alternatives;
3. A determination that granting of the variance will not have a
significant detrimental impact on adjacent property values; and
4. A determination that granting ofthe proposed variance is consistent
with the purpose and intent of division 16.
(c) The planning commission, in dotelffliAing ':,q,other the conditions for a
'.'aFiance havo boon met, shall consider tho follo\'Ang factoFB r:elovant:
1. Whether failure to grant the variance would prohibit or have the effect
of prohibiting the provision of personal wireless services;
2. Whether failure to grant the variance would unreasonably discriminate
among providers of functionally equivalent personal wireless services;
3. Physical characteristics of the proposed wireless communications
facility for which the variance is requested;
4. The importance to the community of the wireless communication
services to be provided if the proposed variance is granted;
5. The compatibility ofthe proposed variance with adjacent land uses and
the availability of alternative sites and technologies in light of existing
and permitted development in area;
6. Whether granting of the proposed variance will obviate the need for
additional new antenna-supporting structures due to increased co-
location opportunities that would not be possible if the variance were
not granted; and
7. Whether granting of the proposed variance is necessary to ensure
adequate public safety and emergency management communications.
(d) Unless provided simultaneously as part of an application for a wireless
communications facility, any application for a variance from the height
requirements set forth in this division shall include the submittal
requirements set forth in section 9.5 434.5(a)(2) and any other materials or
documentation required to demonstrate the applicability of the provisions
of this section.
(e) All applications for a variance to the height requirements of this division
shall be subject to third party expert review as set forth in section 9.5-
434.6, with all associated costs to be borne by the applicant. The third
party expert shall analyze all required submittal materials to determine
whether the criteria set forth in subsections (b) and (c) above have been
met.
(f) No variance granted pursuant to this section shall be granted to allow an
overall height of greater than three hundred and thirty (330) feet.
(g) The planning commission may allow either lattice or guyed type
construction, where the applicant demonstrates that monopole construction
is not feasible at the height allowed by an approved variance.
(h) Variances under this section shall be processed concurrently with an
application for wireless communications facilities as provided for in this
division.
Sec. 9.5-434.8. Abandonment.
(a) In the event all legally approved use of any wireless communications facility
has been discontinued for a period of six (6) months, the facility shall be
deemed to be abandoned. Determination of the date of abandonment shall be
made the Planning Director who shall have the right to request documentation
and/or affidavits from the facility owner regarding the issue of wireless
communications facility usage, including evidence that use of the wireless
communications facility is imminent.
(b) At such time as the Planning Director reasonably determines that a wireless
communications facility is abandoned, the Planning Director shall provide the
facility owner with written notice of an abandonment determination by
certified mail. Failure or refusal by the owner to respond within sixty (60)
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.
Sec. 9.5-232. Urban Commercial District (UC).
(a) As of right uses:
(10) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.S <1]<1 <1 (c) 9.5-434.5 (c) "Collocations on
an existing antenna-supporting structure."
(11) Attached wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.S <1]<1 <1 (d) 9.5-434.5 (d) "Attached
wireless communications facilities."
(12) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 9.S <1]<1.<1 (p) 9.5-434.5 (b) "Replacement of
an existing antenna-supporting structure."
(13) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(14) Satellite earth stations, as accessory uses, pursuant to article VII,
division 16, section 9.5-434.5 (f) "Satellite earth stations."
(b) Minor conditional uses:
(7) 5)t~altR. mir~l~i:i: C9mIlUlR.ic:Ri9R.i: :faciliti~i:, :Ii: aC~~i:i:9~' Yi:~E, ptm;Y:iRt tg
:n1id~ "II, di"iEi9R. 19, i:~cti9R 9 S <1]<1.<1 (~) "5)t~:lltR. n:ir~I~i:E
C9mmYRic:Ri9R.i: bciliti~i:."
on 5):R~llit~ ~artR. i:t:Ri9RE, pyrW:iRt t9 :lrtid~ "II, di"ii:i9R I 9, i:~cti9R 95 <1]<1 <1
(f) "5):R~llit~ ~4rtR. i:t:Ri9RE."
(c) Major conditional uses:
(7) New antenna-supporting structures, pursuant to article VII, division 16,
section 9.S <1]<1.4 (a) 9.5-434.5 (a) "New antenna-supporting structures."
Sec. 9.5-233. Urban Residential District (UR).
(a) As of right uses:
(6) Attached wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.S 434 4 (~9.5-434.5 (d) "Attached
wireless communications facilities."
m Colloo3tioos all existillE1 aAtenna &I:IaeeFtiAEI stNctl:Ims. Sl:IfSuant to aFticle VII,
divisioR 16. ~R 9.5 4 ~4.5 (c}"CellooatioRS on aR existiAE1 antenna sl:IoooFtinQ stJuctl:lle."
(m Satellite caRR staOOAS less than WJO (2) metefS ill diameter. as aooe5OOI'>' l:lOOS,
Pl:lfSl:l3lltto a~de VII. c:lMsion 113. OOGtiOA 9.5 4~4.5 (f.l"Satellite eaRh staOOAS."
(b) Minor conditional uses:
( 4) Replacement of an existing antenna-supporting structure pursuant to article
VII, division 16, section 9.5-434.5 (b) "Replacement of an existing antenna-
. "
supportmg structure.
(5) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9 .5-434.5 (e) "Stealth wireless
communications facilities."
(6) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite
earth stations."
(c) Major conditional uses:
(1) 5lti:dtll 'virilii:E ~gHUR'olRicatigRE f:l~ilitiii:, aE a~~iEE9~' YEii:, P'olt:EYr,mt tg
artidi "II, giyiiligR 19, Ei~tigR 9.5 434.4(d) "51tiahll "'iriliEE
~gIRIRYRi~atigRE u~ilitiiE "
Sec. 9.5-234. Urban Residential Mobile Home District (URM).
(a) As of right uses:
(7) Collocations on existing antenna-supporting structures, pursuant to article VII,
division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(8) Satellite eaRh stations loss th3n t\vo (2) moter:s in di3FFletor. as ilOOOSSOr{ 1:1005.
PUFSu3nt to aFticle VII. di'J~sion 16, sootion 9.5 434.5 m "Satellite earth stations."
(b) The following are permitted as minor conditional uses in the Urban
Residential Mobile Home District (URM), subject to the standards and
procedures set forth in article III, division 3:
(1) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 9 .5-434.5 (b) "Replacement of an existing
antenna-supporting structure."
P) Stealth wireless communications facilities, as accessory. uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wIreless
communications facilities."
3
(9) TR'i: fgll9nriRg ygig ari piRRittid :ig lRaj9r G:9Rditi9Ral1.lgig iR tR~ T Tr-b:m
R~~i~~~i~l "i499ili H9IRi l)igtfi~t, g\Wji~t t9 tlu g\aR6lardg aRQ pr:9~idYr:ig i:it
fQrt:R. iR midi III, 6li"igi9R l'
~B The following uses are permitted as major conditional uses in the Urban
Residential Mobile Home District, subject to the standards and procedures set
forth in article III, division 3:
(<I) ~tialtR. miriligg G:91R1R1.lRi~atiQRg fll~ilitiig, rig a~~igg9t:,r 1.li:ig, pyri:yaQt tg
a1tiG:li "II, di"igi9R 1 Q, gi~tiQR 95 <11<1.4 (i) "~tialtR. ntirilillll
G:9RUI}YRi~ati9Rg h6:iliti~g."
Sec. 9.5-235. Sub Urban Commercial District (SC):
(a) As of right uses:
(10) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 95 414 <I (6:) 9.5-434.5 (c) "Collocations
on an existing antenna-supporting structure."
(11) Attached wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 414.4 (d) 9.5-434.5 (d) "Attached
wireless communications facilities."
(12) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16. i:i6:ti9R. 414.4 (9) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(13) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9 .5-434.5 (e) "Stealth wireless
communications facilities."
(14) Satellite earth stations, as accessory uses, pursuant to article VII,
division 16, section 9.5-434.5 (0 "Satellite earth stations."
(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 9.5434.4
-(n "Satellite earth stations."
(c) Major oonElitionall:lS8s:
(8) Ne'l: antenna SI:II'lfl8Ftin9 stftIctulBS, I'lI:lFSl:l3Rt to aFtieIe VII, division 16,
GeCtion 9.5434.4 (a) 9.5 434.5(a) "~J8''''' anteRn3 sI:IPfl8Ftin~ stftIctuleS."
Sec. 9.5-235.1. Urban Mobile Home - Limited District (URM-L).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures, pursuant to Article
VII, Division 16, Section 9.5-434.5 (c) "Collocations of an Existing
Antenna-Supporting Structure."
(7) Satellite e3Fth stations loss tR3fl WoO (2) metms in di3moter, 3S aooes5eIV
uoos. PI:IFSu3ntto aFtisle VII. E1MsioR 16, section 9.5434.5 (f.) "Satellite
OJFtR stations."
(b) The following uses are permitted as minor conditional uses in the Urban Mobile
Home - Limited District (URM-L), subject to the standards and procedures set forth
in article III, division 3:
(1) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 9 .5-434.5 (b) "Replacement of an existing
antenna-supporting structure."
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9 .5-434.5 (e) "Stealth wireless
communications facilities."
(3) Satellite earth stations greater than or equal to two (2) meters in diameter,
as accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(~) The following uses are permitted as major conditional uses in the URM-L district
subjoct to the standaFds Jnd PFOCOOURJS set forth in 3Fticlo VII, division 4:
(}) ~t~:dtR mir~l~~~ G:gHu;:).\,lRiG:atigR~ fllG:iliti~~, rig riG:G:~~~gry llg~~, pYr~\,l&Rt tg
ar:tid~ "II, gi"i~igR Hi, g~~ti9R 9.5 4J<1.4 (~) "~t~altR mir~l~~g
~gHHRllRiG:atigRg faG:iliti~g "
-article VII, division 16, section 9.5-434.4 (e) "Stealth wireless
--communications facilities."
(10) Satellite earth stations, pursuantto article VII, division 16, section 9.5-434.4
-(n "Satellite earth stations."
(c) Major conditional uses:
(8) New antenna suppoRing structures, pUFSuantto aFlicle VII, division 16,
section 9.5-434.4 (a) 9.5 434.5(a} "New antenna sl:JppoRing StfuctuIUS."
Sec. 9.5-235.1. Urban Mobile Home - Limited District (URM-L).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures, pursuant to Article
VII, Division 16, Section 9 .5-434.5 (c) "Collocations of an Existing
Antenna-Supporting Structure."
(7) SJtollito oaFth stations loss than 1\'10 (2) rneteFB in diameter. JS accessory
uses. DUFSuantto article VII, division 16, section 9.5434.5 (f) "Satellite
earth stations."
(b) The following uses are permitted as minor conditional uses in the Urban Mobile
Home - Limited District (URM-L), subject to the standards and procedures set forth
in article III, division 3:
(1) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 9.5-434.5 (b) "Replacement of an existing
antenna-supporting structure."
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9 .5-434.5 (e) "Stealth wireless
communications facilities."
(3) Satellite earth stations greater than or equal to two (2) meters in diameter,
as accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(~) The following uses are permitted as major conditional uses in the URM-L district
subject to the slandaFds and pFOCOdures set forth in articlo VII, di1Asion 4:
(3) stt~:iltR '\'ir~l~gg ~91R1R'1R.i~:itiQR.g :fa~iliti~g, :ig :i~~~ggQry yg~g, PWgY:im: tG
:mid~ "II, di'jgi9R. 19, g~~tiQR. 95 <lJ<l.<l (~) "stt~:iltR mir~l~gg
~91R1Rt.mj~:itiQR.g fadliti~g."
- 30-
Sec. 9.5-236 - Sub Urban Residential District (SR)
(a) As of right uses:
(7) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(8) SJtollite eaFlA stations less th::J/1 1\'.0 (2) motoFS in diafTletor, as 3GOOSOOry uses.
pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite earth
stations. "
(b) Minor conditional uses:
(8) Replacement of an existing antenna-supporting structure pursuant to article
VII, division 16, section 9 .5-434.5 (b) "Replacement of an existing antenna-
supporting structure."
(9) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(10) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(c) Major conditional uses:
(i) ~t~:llta '"ir~l~g~ ~gJ;RJ;RURis:itigR~ f:isi1iti~E, :lE :lSS~E~9t:,' y~~~, pYr~YaRt tg
-article VII, division 16, section 9.5-434.4(e) "Stealth wireless
--communications facilities."
Sec. 9.5-237. Sub Urban Residential District (Limited) (SR-L).
(a) As of right uses:
7 Collocations on existin antenna-su ortin structures, ursuant to article
VII, division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(8) SJtollito 8aFlA stations loss than WoO (2) meteFS iA diameter, as xoosoorv
uses, DI:IFSUant to ar:ticle '/11. division 16, section 9.5 4J4.5 ffi "S3tellite eaFlA StatiOAS."
(b) The following uses are permitted as minor conditional uses in the Sub Urban
Residential District (Limited) (SR-L):
- 31 -
--_~~, .'.". '_O>~''''''~'~'_'''''''.~_<",
(I) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 9.5-434.5 (b) "Replacement of an existing
. "
antenna-supportmg structure.
2 Stealth wireless communications facilities, as accesso uses, ursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
3 Satellite earth stations reater than or e ual to two 2 meters in diameter,
as accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(1)) .'Tho . foIlR:"ing us.. ..,0 poARilt.d as ",.jRe o oR<litiOR.I :: i~ :: ~ ~:::
V,,~~llQ~Rtl:il (.lUlut~Q) .DH;tn~t, gybj~~t t9 tR~ gtanQ:;Y-Qg and Fr9G~ -4:g _~_ --It -I _ __.__
III, di,Tigi9R J:
(1) ~t~:iltR nql'~ligg ~9mmooi~~i9Rg fa~ilitiig, ag :i~~igg9ry ygi~, FyrgY:iR.t tg
artiQli "II, Qi"igi9R 19, gicti9R. S>5 434.4 (i) "~tnltR nqril~Eg
~9R:lR:lYR.iQ:iti9Rg f:lQiliti~g. "
Sec. 9.5-238. Sparsely Settled Residential District (SS).
(a) As of right uses:
(6) Collocations on ffiEistinq 3ntOAna supooFtinQ structuros.:UfEl:Jant to aFticlc
\/11. division 16, seGtion 9.5434.5 (c) "ColIOGJtions on ~ existina 3rltenna
sl:JpooFtinq stFucturo. "
(7) Satellite eaFlh stations less than tvJO (2) metofE in diameter, as 3600SSorv l:lSQS,
pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite earth
stations."
(b) Minor conditional uses:
5 Stealth wireless communications facilities, as accesso uses, ursuant to
article VII, division 16, section 9 .5-434.5 (e) "Stealth wireless
communications facilities."
6 Satellite earth stations reater than or e ual to two 2 meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
- 32-
(c) Major conditional uses:
(6) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5434.4 (e) "Stealth wireless
communications facilities."
Sec. 9.5-239. Native Area District (NA).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9) <13<1 <1 (~) 9.5-434.5 (c) "Collocations
on an existing antenna-supporting structure."
(7) Replacement of an existing antenna-supporting structure pursuant to article
VII, division 16, g@~tiQR <13<1.<1 (b) 434.5 (b) "Replacement of an existing
antenna-supporting structure."
(8) Satellite eaFlh stations less than two (2) meteFS in diameter, as 3CCOSS01\' l:lSOS,
pursuant to article VII, division 16, section 9.5-434.5 (t) "Satellite earth
stations. "
(b) Minor conditional uses:
(4) Attached wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 95 <13<1.<1 (9) 9.5-434.5 (d) "Attached
wireless communications facilities."
(5) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(6) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (t)
"Satellite earth stations."
(c) Major conditional uses:
(5) Satellite earth stations, pursuant to article VII, division 16, section 9.5434.4
-(n "Satellite earth stations."
- 33 -
Sec. 9.5-240. Mainland Native Area District (MN).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures, pursuant to article
VII, dMsion 16, section 9.5434.5 (c} "Collocations on an existinq antenna
sl:IDoortinq structUle."
(7) Satellite eaFlt1 stations less than M (2) AlOOF!) in diameter, as accossorv uses,
pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite earth
stations. "
(b) Minor conditionall:lscs:
(2) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses. DlIFSuant to article VII, division 16. section 9.5434.5 (ft "Satellite oaFth
stations."
Sec. 9.5-241. Offshore Island District (OS).
(a) As of right uses:
(7) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(8) Satellite eaFth stations less than 1\vo (2) meteRS in diameter. as accossorv uscs,
pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite earth
stations."
(b) The following is permitted as a minor conditional use in the Offshore Island District
(OS), subject to the standards and procedures set forth in article III, division 3:
(1) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
- 34-
Sec. 9.5-242. Improved Subdivision District (IS).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
. "
supportmg structure.
(7) Satellite eaFlh stations less than WoO (2) metOFs in diameter, as JCCOSSQf\' uscs,
pursuant to article VII, division 16, section 9.5-434.5 (t) "Satellite earth
stations. "
(c) Minor conditional uses:
( 4) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (t)
"Satellite earth stations."
(d) Major conditional uses:
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9 S 434.4 (@) 9.5-434.5 (e) "Stealth wireless
communications facilities."
Sec. 9.5-243. Destination Resort District (DR).
(a) As of right:
(3) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 43<1 <1 (~) 9.5-434.5 (c) "Collocations on
an existing antenna-supporting structure."
(4) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, g@~tiQR 43<1.4 (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(5) Attached wireless communications facilities, as accessory uses, pursuant
- 35 -
to article VII, division 16, section 9 S <134 4 (d) 9.5-434.5 (d) "Attached
wireless communications facilities."
(6) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9 .5-434.5 (e) "Stealth wireless
communications facilities."
(7) Satellite earth stations, as accessory uses, pursuant to article VII,
division 16, section 9.5-434.5 (f) "Satellite earth stations."
(b) Minor conditional uses:
(2) ~t~alth 'J'ir~I~~E ~9Rm1.\lRi~ati9RE u~iliti~E, aE a~~~EE9~' \lE~E, p\lFE\lant
19 artid~ '.'11, di"iEi9R 1~, E~Qti9R 95 4J4 4 (~) "~t~alth "'i1;~I~EE
C911HRYRkatigRE f:idliti~E."
(J) ~at~llit~ ~arth Etati9RE, P\lr,EuaHt tg aRid~ VII, diyi~i9R 1~, E~~tigR 9.S 4J4,4
(f) "~~~llit~ ~~h Et~igRE."
(c) Major conditional uses:
(4) No'.\' antonna supporting structuros, pUfSU~lnt to ::II1icle VII, division 16,
section 95 4J4 4 (a) 9.5-434.5(a) "New antenna supporting structures."
Sec. 9.5-244. Recreational Vehicle District (RV).
(a) As of right uses:
(4) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(5) Satollite oarth stations loss than 1\'/0 (2) motOfG in diaFFletor, as aOOOGSorv l:JSOS,
pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite earth
stations. "
(b) Minor conditional uses:
(3) Replacement of an existing antenna-supporting structure pursuant to article
VII, division 16, section 9.5-434.5 (b) "Replacement of an existing antenna-
supporting structure."
(4) Attached wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (d) "Attached wireless
communications facilities."
- 36 -
(5) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(6) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(c) Major conditional uses:
0) 5lti~lth n'ir~I~EE ~Qmml1Ri~~ti9RE fll~ilitiiE, ~E ~~~iEE9T)' YEiE, pWEYW t9
~rtidi VII, di"iEi9R 19, Ei~ti9R 9.05 4)4.<1 (~) "51ti:dtR v'ir~I~EE
~Qmml1Ri~:iti9RE b~ilitiiE."
Sec. 9.5-245. Commercial Fishing Area District (CF A).
(d) As of right uses:
(I) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, Ei~ti9R 4)4.4 (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(2) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 95 4)4.<1 (~) 9.5-434.5 (c) "Collocations on
an existing antenna-supporting structure."
(3) S3tollite earth stations loss th::m PIX) (2) llloteFS in diamotor, as 3COOSSOI\'USOS,
pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite earth
stations. "
(e) Minor conditional uses:
(I) Attached wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 4)4.<1 (d) 9.5-434.5 (d) "Attached
wireless communications facilities."
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 95 4)4.<1 (i) 9.5-434.5 (e) "Stealth wireless
communications facilities."
0) 5l~illiti ~artR Etati9RE, pWEY:iRt t9 arti~li VII, di,.'iEi9R I 9, E~~tiQR 9 05 4)4 <l
(f) "51:itillit~ i:artR Et~tiQRE."
(3) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
- 37-
(f) Major conditional uses:
(3) New antenna-supporting structures, pursuant to article VII, division 16,
section 9.5 434 4 (~) 9.5-434.5 (a) "New antenna-supporting structures."
Sec. 9.5-246. Commercial Fishing Village District (CFV).
(a) As of right uses:
(4) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(5) ~atellite earth stations less than ~vo (2) rfIetOFs in diameter. as accessory llSGS,
pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite earth
stations. "
(b) Minor conditional uses:
(2) Replacement of an existing antenna-supporting structure pursuant to article
VII, division 16, section 9.5-434.5 (b) "Replacement of an existing antenna-
supporting structure."
(3) Attached wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (d) "Attached wireless
communications facilities."
(4) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(5) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(~) Tb:~ fGllgn:iRg \.u:~~ an: ~~RRitt~d ~E ~ajgr ~gRditigRal YE~~ iR tb:~ Cgm~~r~ial
pi~b:iRg "illag~ Digtri~t, ~ybj~~t tg tJ:l~ EtaRdardE a.R.d Pf9~~QYf~~ E~t fGRb: iR :irtid~
III, di,riEi9R. J:
(1) N~'\' ant~lll1a ~y~~grtiRg ~trY~tYr~~, ~ur~Y:iRt tg artid~ VII, di"iEigJ:} I ~,
~~~tigJ:} 95 43<1.<1 (a) "l>r~m aR.t~J:.IR~ EYppgrtiRg Etl1.l~tt.lr~E."
- 38 -
Sec. 9.5-247. Commercial Fishing Special District (CFSD).
(a) CFSD I (Located on Big Pine):
(1) As of right uses:
d. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
e. Satellite earth stations less than 1\\'0 (2) metOFs in diameter. as
accoSSOl'V lIses. pl:IFSuant to aFticle VII. division 16. section 9.5 434.5
m "Satollite earth stations."
(2) Minor conditional uses:
d. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(b) CFSD 2 (Located on No Name Key):
(1) As of right uses:
d. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
e. Satellite earth stations less than two (2) RleteFS in diameter. as
accosoorv uses. PlIFSlIant to article VII. di'Asion 16. section 9.5434.5
(f) "Satellite earth stations."
(2) Minor conditional uses:
b. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(c) CFSD 3 (Located on Coco Plum):
(3) As of right uses:
a. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, g~~tigR <11<1 <I (9) 434.5 (b) "Replacement of an
- 39-
existing antenna-supporting structure."
b. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.S <D<I.<I (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
c. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 95 <lJ<I.<I (d) 9.5-434.5 (d)
"Attached wireless communications facilities."
d. S::ltellite e::lFlh stations less than two (2) meters in diaFFlcter, ::lS
acceSSOry l:lSSS, pl:lFSl:lant to article VII. division 16, section 9.5434.5
(f) "Satellite earth stations."
(4) Minor conditional use:
a. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9 ~ <lJ<I.<I (~) 9.5-434.5 (e) "Stealth
wireless communications facilities."
b. ~:it~llit~ ~:mR Etati9R.E, liE a~~~EE9T)' UE~E, pWEYliR.t t9 ~i~l~ "II,
di'.'iEi9R. I 9, E~~ti9R. 95 <lJ<I <I (f) "~at~llit~ ~artR gt~i9R.g."
b. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(5) Major conditional use:
a. New antenna-supporting structures, pursuant to article VII, division
16, section 95 <11<1.<1 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
(d) CFSD 4 (Located on Long Key):
(1) As of right uses:
b. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, E~~tiQR. <11<1 <I (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
c. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 95 <lJ<I <1 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
- 40-
d. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 <1J<1 <1 (d) 9.5-434.5 (d)
"Attached wireless communications facilities."
e. Satellite 8aFlh stations less than two (2) meteFE in diarroter. as
xcesoorv uses. PYFEuant to 3f1iclo VII. division 16. OOGtion 9.5434.5
(0 "Satellite earth stations."
(2) Minor conditional use:
a. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5 <1J<1.<1 (~) 9.5-434.5 (e) "Stealth
wireless communications facilities."
h. ~~~llit~ ~4rtR ~t4tiQR~, :i~ a~~~~~QT)7 y~~~, ~Yr~11aR.t tQ 4rtiQl~ VII,
di"i~iQR 1~, ~~~tiQR 95 <1 J<1 <1 (f) "~:it~llit~ ~artR ~t:itiQR~."
b. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (0 "Satellite earth stations."
(3) Major conditional use:
a. New antenna-supporting structures, pursuant to article VII, division
16, section 95 <1J<1.<1 (:i) 9.5-434.5 (a) "New antenna-supporting
structures. "
(e) CFSD 5 (Located on Key Largo):
(1) As of right uses:
1. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, ~~~tiQR <1J<1.<1 (h) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
J. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 95 <1J<1.<1 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
k. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9 5 <1J<1.<1 (d) 9.5-434.5 (d)
"Attached wireless communications facilities."
I. Satellite eaFlR stations less thaA 11.\10 (2) motoFE in diameter. as
JOCOssorv uses. PlJFEuant to JFliclo "", di'Jision 16. soction 9.5 434.5
(f) "Satellite earth stations."
- 41 -
(2) Minor conditional uses:
c. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 95 4J4 4 (~) 9.5-434.5 (e) "Stealth
wireless communications facilities."
d ~:itillit~ ~artll Et:iti9gE, :iE a~~~EE9~' YEiE, ~YrEYAl1t t9 artiQli "II,
di"iEi9g 19, E~"ti9g 95 4J4 5 (f) "~at~lliti ~:irt1l Etati9gE."
d. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(3) Major conditional uses:
1. New antenna-supporting structures, pursuant to article VII, division
16, section 9 5 4J4.4 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
(f) CFSD 6 (Located on Boca Chica):
(1) As of right uses:
c. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, Ei~ti9g 4 J4.4 (9) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
d. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 95 4J4.4 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
e. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 4J4,4 (d) 9.5-434.5 (d)
"Attached wireless communications facilities."
f. SJtellite 8aFlh stations less than WIO (2) FT-leter:s in diameter. as
3COOSSOfV uses, PUFSuant to aFticlc VII, di'Asion 16. section 9.5 434.5
(f) "Satellite earth stations."
(2) Minor conditional uses:
c. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9 5 4J4.4 (~) 9.5-434.5 (e) "Stealth
wireless communications facilities."
- 42-
g. ~at~llit~ ~:ilf1:R ~tatifn:U:, :i~ ~~QiE~QI3r Y~i~, ~tll;~1.l:mt tQ :ilf1:i~li "II,
gi"igiQR l~, ~i~tiQR 9.S <13<15 (f) "~~illiti imR. EtatiQRE."
d. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(3) Major conditional uses:
a. New antenna-supporting structures, pursuant to article VII, division
16, section 95 <13<1 <1 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
(g) CFSD 7 (Located on Boca Chica):
(1) As of right uses:
J. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, ~i~tiQR <13<1.<1 (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
k. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.S <13<1 <1 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
1. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.S <13<1.<1 (g) 9.5-434.5 (d)
"Attached wireless communications facilities."
m. Satellite eaFlh stations less than WKl (2) motor-s in diameter, x
accessory uses, DUFEUantto article VII, division 16, section 9.5434.5
(f) "Satellite earth stations."
(2) Minor conditional uses:
C. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9 S <13<1.<1 (i) 9.5-434.5 (e) "Stealth
wireless communications facilities."
g. ~atilliti iartR Et~iQR~, :iE ~~~iE~QI3' 1.l~iE, ~Ym.lam tQ .nidi VII,
gi"iEiQR l~, ~i~tiQR 95 <13<15 (f) "~atilliti imR. gtatiQRE."
d. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
- 43 -
(3) Major conditional uses:
b. New antenna-supporting structures, pursuant to article VII, division
16, section 95 <lJ<I <I (4) 9.5-434.5 (a) "New antenna-supporting
structures. "
(h) CFSD 8 (Located on Big Pine)
(3) As of right uses:
a. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
b. S:ltollite ooFlh stations less than 1\'/0 (2) meters in diaffiOter. 3S
3GCOssorv l:lSOS, pl:lrsl:lantto:lFtiGlo VII. division 16, section 9.5434.5
fft "Satellite eaFth stations."
(4) Minor conditional usos:
a. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(i) CFSD 9 (Located near Lower Matecumbe):
(1) As of right uses:
b. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
C. Satellite mFth stations less than t\'1O (2) rmteFS in diameter, as
3GCOssory l:ISOS, pl:Irsuant to aFticlo VII. division 16. seGtion 9.5434.5
m "Satellite eaFlh stations,"
(2) Minor conditionall:lsos:
a. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
- 44-
(j) CFSD 10 (Located on Lower Matecumbe):
(1) As of right uses:
c. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
d. Satellite earth stations less than 1\\10 (2) metoFS in diar:neter, as
xoossorv uses, pursuant to ::lI1icle VII, division 16. section 9.5434.5
(f) "Satollite earth stations."
(2) Minor conditional uses:
a. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(k) CFSD II (Located on Upper Matecumbe):
(1) As of right uses:
c. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
d. S::Itellite earth stations loss than two (2) metoFS in diameter, as
3COOSOOry uses. PUFSuant to article VII, di'Jision 16, seotion 9.5434.5
(f) "S::Itellite earth stations."
(2) Minor condition::ll uses:
a. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(1) CFSD 12 (Located on Big Pine):
(1) As of right uses:
d. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
e. S::Itellite earth stations loss than p,'JO (2) FFleteFS in diaFReter, as
- 45-
accessory uscs. pUR)uant to aFlicle VII, division 16. section 9.5434.5
(f) "Satellite earth stations."
(2) Minor oonditionaluscs:
b. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(m) CFSD 13 (Located on Summerland Key)
(I) As of right uses:
d. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
e. Satellite earth stations 18"...s than two (2) meteR) in diameter. ::is
accessorv uses, pUR)l:Iantto ar:ticle VII, division 16, OOGtion 9.5434.5
(f) "S3tellite earth Etations."
(2) Minor oonditional uscs:
e. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (0 "Satellite earth stations."
(n) CFSD 14 (Located on Marathon):
(I) As of right uses:
d. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
e. Satellite earth stations less than two (2) meteR) in diaFROter, as
3CCOSSOr-y uses. pUFSuant to ar:ticle VII. di'JiBion 16. seGtion 9.5434.5
(f) "S3to1lite earth stations."
(2) Minor oonditional uscs:
d. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (0 "Satellite earth stations."
(0) CFSD 15 (Located on Marathon):
- 46-
(1) As of right uses:
d. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
. . ."
eXIstmg antenna-supportmg structure.
e. Satellite eaFlh stations loss than two (2) meters in diameter, as
accessory uses, PlJFSl:Jant to aFticle VII, division 16, SOGtion 9.5434.5
m "Satellite eaFlh stations."
(2) Minor conditional uses:
d. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(p) CFSD 16 (Located at Conch Key)
(4) As of right uses:
a. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
b. Satellite eaFlh stations loss than ~lJO (2) metors in diameter, as
acceSSOry uses, PlJFSlJantto aFticle VII, division 16. section 9.5434.5
(.f) "Satellite eaFlh stations."
(5) Minor conditional uses:
a. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(q) CFSD 17 (Located on Old Boca Chica Road):
(3) As of right uses:
a. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, E~~tigR. <13<1.<1 (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
b. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 95 <13<1 <1 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
- 47-
c. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9 S <13<1 <I (d) 9.5-434.5 (d)
"Attached wireless communications facilities."
d. Satellite eaFlh stations less than two (2) metOFB in diameter, JS
3XO"vSOry I:JSOS, Dl:JFSUant to article VII, cli'Jision 16. section 9.5 434.5
(f) "Satellite earth stations."
(4) Minor conditional uses:
a. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.S <13<1.<1 (~) 9.5-434.5 (e) "Stealth
wireless communications facilities."
b. ~:it~llit~ ~Artll ~tatigag, ag a~~~gg9Tj' l.lg~g, ~l.lm,umt 19 arti~l~ VII,
dh'igi9R 19, g~Qti9R 9.S <13<15 (f) "~:it~llit~ ~artla gt:iti9Rg."
b. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(5) Major conditional uses:
b. New antenna-supporting structures, pursuant to article VII, division
16, section 95 <13<1.<1 (a) 9.5-434.5 (a) "New antenna-supporting
structures. "
(r) CFSD 18 (Located on Lower Matecumbe Key) and CFSD 19 (Located on Hog Key):
(1) As ofright uses:
h. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
i. SJtellite earth stations loss than two (2) meteFB in diameter, JS
acoossolV uses, DI:JFSUantto aFticle VII, division 16. section 9.5434.5
(ft "Satellite earth stations,"
(2) Minor conditional uses:
c. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5434.5 (ft "Satellite earth stations."
- 48-
(s) CFSD 20 (Located 0F1 uttIe Toroh Ke;1:
(1) ;\5 of right uses:
k. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
I. Satellite ear1h stations loss than tv~ (2) rnotoFS in diamotor. as
3COOSOOf\' 1:1006, DI:IFSl:Jant to aFticle VII. dfvision 16, section 9.5434.5
(f) "Satellite ear1h stations."
(2) The follovAnq uses alO D8F1llittod as minor conditional uses in the Comrneltial
Fishinq Soocial DistAct 20. sl:Ibioct to the standaFds and DFOCOdl:J1l3S sot for1h in
article III, division 3, section 9.561 etsoq:
c. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (0 "Satellite earth stations."
(~]) No miR9r 9r major conditional uses shall be permitted.
(J.i)The allocated residential density and the maximum net residential density for
this district shall be one (1) single family dwelling unit per acre, OR one (1)
single family dwelling unit per parcel for those parcels existing as of the date
of this section, whichever is less. In spite of Land Use Intensity section 9.5-
261, this residential density shall be allowed in addition to the nonresidential
uses permitted above, with the floor area and open space ratios to be
determined pursuant to section 9.5-269.
Sec. 9.5-248. Mixed Use District (MU).
(a) As of right uses:
(14) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, g~~ti9R 434.4 (b) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(15) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9 5 434.4 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
(16) Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 434 4 Cd) 9.5-434.5
@ "Attached wireless communications facilities."
- 49-
(17) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(18) Satellite oar1h stations less than t\'lO (2) motoFS in diameter, as 3COOSOOry
I:JSOS, DUFSUJIltto aFticle VII, division 16, section 9.5 434.5 (f) "Satellite oar1h stations."
(b) Minor conditional uses:
(11) ~t~.lta '"iJ:iligE ~9mml.lRiQ:iti9RE fa~ilitiiE, ag a~~igg9~7 l.lEig,
PWgUaRt t9 midi "II, di'.'igi9R 1 g, gi~ti9R 9.5 434. 4 (~) "~t~:iltR 'vir~li~~
~9lmRURi~.ti9R~ fa~iliti~E."
(11) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
( c) Major conditional uses:
(10) New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 434.4 (:i) 9.5-434.5 (a) "New antenna-supporting structures."
(11) ~""~lliti ~mR gtati9Rg, pur,m:m.t t9 :irtidi "II, di"iEi9R Ig, E~~ti9R 9.5 434.4
(f) "~:it~lliti ~:irtR Et:iti9Rg."
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, ~i~ti9R 434.4 (11) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(11) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 434.4 (Q) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
(12) Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 434.4 (9) 9.5-434.5
@ "Attached wireless communications facilities."
(13) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 434.4 (i) section 9.5-434.5
(e) "Stealth wireless communications facilities."
- 50-
(14) Satellite earth stations, as accessory uses, pursuant to article VII, division
16, section 95 <134.4 (09.5-434.5 (f) "Satellite earth stations."
(b) Minor conditional uses:
(3) New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 <134.4 (a) 9.5-434.5 (a) "New antenna-supporting structures."
Sec. 9.5-250. Maritime Industries District (MI).
(a) As of right uses:
(12) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, E~~ti9R <134.4 (9) 434.5 (b) "Replacement of an
. . ."
eXIstmg antenna-supportmg structure.
(13) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9 5 434 4 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
(14) Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 434.4 (9) 9.5-434.5
@ "Attached wireless communications facilities."
(15) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 434.4 (i) section 9.5-434.5
(e) "Stealth wireless communications facilities."
(16) Satellite earth stations, as accessory uses, pursuant to article VII, division
16, section 9.S 434 <1 (f) 9.5-434.5 (f) "Satellite earth stations."
(b) Minor conditional uses:
(3) New antenna-supporting structures, pursuant to article VII, division
16, section 9.5 <13<1.<1 (a) 9.5-434.5 (a) "New antenna-supporting structures."
Sec. 9.5-251. Military Facilities District (MF).
(a) As of right uses:
(10) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, Ei~ti9R <13<1.<1 (9) 434.5 (b) "Replacement of an
existing antenna-supporting structure."
- 51 -
(11) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9 5 <13<1.4 (~) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
(12) Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9 5 <13<1.4 (d) 9.5-434.5
@ "Attached wireless communications facilities."
(13) Satellite earth stations, as accessory uses, pursuant to article VII, division
16, section 9.5 43<1.<1 (f) 9.5-434.5 (f) "Satellite earth stations,"
(14) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(11) TRi f9119nriRg Ug~E :H'~ p~r,;mitt~d a~ miR9r G:9Rditi9Rall.lEig iR ta~ Military FaG:ilitiiE
Digtri~t, Ey11j~Qt t9 tRi ~t:iRd:H'dE :iRd pr9G:~dYrig ~it f9rtR iR midi II, di,7iEi9R 3:
(1) ~t~:ilt1l 'l.7irili~g ~9mmYRi~ati9R~ fll~ilitiig, a~ a~G:~~g9ry yg~E,
PWEU:iRt t9 arti~li '.'II, di"i~igR 1 g, gi~ti9R 9 5 <1 J<1.4 (~) "~ti:iltR 'l.'iril~EE
~9mmYRi~ati9Rg f:i:~ilitiiL"
~ fQ2 The following uses are permitted as major conditional uses in the Military
Facilities District, subject to the standards and procedures set forth in article II, division
3:
(2) New antenna-supporting structures, pursuant to article VII, division
16, section 95 <13<1.<1 (ll) 9.5-434.5 (a) "New antenna-supporting structures."
Sec. 9.5-252. Airport District (AD).
(e) As of right uses:
(1) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5 <13<1 <1 (Q) 9.5-434.5 (c)
"Collocations on an existing antenna-supporting structure."
(2) Satellite earth stations, as accessory uses, pursuant to article VII,
division 16, section 9.5-434.5 (f) "Satellite earth stations."
(f) Minor conditional uses:
(1) Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5 <13<1.4 (d) 9.5-434.5
@2 "Attached wireless communications facilities."
(2) ~at~llit~ imR gtati9RE, pUFEl.laAt t9 artidi "II, di"igigR 1 g, g~~ti9R 9.5 <13<1.<1
- 52-
(f) "~:&t~llit~ i:irth Et:&tigRE "
(2) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 9.5-434.5 (b) "Replacement of an
existing antenna-supporting structure."
(3) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(g) n~i wllg".'iRg YEiE aJ:i pir,;miuiQ ag majgr ~gRgitigR:iI1JEi~ iR tRi />- ir-pgrt Digtri~t,
gybji~t tg tRi ~t:mg{M:9E :iRg prg~igYrig ~it fgfta iR midi II, gi'.7i~;igR 3:
(1) ~ti:ilth nririligg ~gmmYRi~atigR~ fa~ilitii~, lig aQ~igggry UEig,
purgyaRt tg artidi '.'II, gi"iEigR 16, gi~tigR 9.5 <13<1.<1 (i) "~tililtR 'vir~liEE
~gmmYRi~atigRE f:i~ilitiiE. "
Sec. 9.5-253. Park and Refuge District (PR).
(a) As of right:
( 4) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an existing
antenna-supporting structure."
(5) Attached wireless communications facilities as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (d) "Attached wireless
communications facilities."
(6) SJtellito ear1h stations, as accessory uses, DUFSuant to ::ulicle VII, division 16,
section 9.5 434.5 (ft "Satellite 03r1h stations,"
(b) Minor conditional uses:
(3) Replacement of an existing antenna-supporting structure pursuant to article
VII, division 16, section 9.5-434.5 (b) "Replacement of an existing antenna-
supporting structure. "
(4) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(~) Thi fgllg'yiRg ari pir,;miUiQ liE majgr ~gRgitigRal Y~iE iR tRi Park ;iRg F~~fygi DiEtri~t
(PR), ~ybji~t tg tRi gt:mgargg ang pJ:9~igUJ:iE Eit WITh iR :midi III, gi"i~igR 3:
- 53 -
(1) ~tialtR 'viJ:iligg ~glmRYRi~atigRE fa.ilitiiE, ag A~~iEEgIJ7 YEiE,
pursuant to article VII, division 16, section 9.5-434.4 (e) "Stealth wireless
~gmmYRi~atigRg h~ilitiig "
Sec. 9.5-254. Conservation District (CD).
Thi fgllg'viRg YEi i~ pir,;miUig aE gf riglR iR tRi CgRgir"atiga Di~trkt:
(:i) PaEgiFi r~~J:~atigRall.lEi.
(a) The following uses are permitted as of right in the Conservation District, pursuant to
the standards and procedures set forth in article III, division 3:
(1) Passive recreational use.
(2) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an existing
antenna-supporting structure."
(3) Satellite ear1h stations less than 111.0 (2) rneteFS in diameter. as 3GGeSOOry I:JSOS,
PUFSl:Iant to 3Fticle VII, division 16. section 9,5 434.5 (f) "Satellite ear1h stations,"
(b) The following uses are permitted as minor conditional uses in the Conservation
District, pursuant to the standards and procedures set forth in article III, division 3:
(1) Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16, section 9.5-
434.5 (f) "Satellite earth stations,"
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at
a regular meeting held on the 14th day of August, 2001.
Chair Mapes
Vice Chair Ritz
Commissioner Coleman
Commissioner Werling
Commissioner Hill
PLANNING COMMISSION OF
MONROE COUNTY FLORIDA
BY
Chair Mapes
Signed this
day of
,2001
- 54-
First Amendment
Replacing existing subparagraph 3 of Section 434.5(b)(1 )b. with the following language:
"Replacement antenna-supporting structure foundations (excluding
guy wire anchors) constructed on a property or properties which
is/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."
and renumbering existing subparagraph 3 of Section 434.5(b)(1)b. to subparagraph 4.
Second Amendment
Removing all references to the following land use districts in the proposed ordinance,
including language in proposed Division 16, "Wireless Communications Facilities,"
including all sections in Article VII, Division 2, "Permitted Uses," that pertain to the
following districts:
Commercial Fishing Special Districts (CFSD) 3, 9, 10, 11, 14, 15, 18 and 19
~I~
First Amendment
Replacing existing subparagraph 3 of Section 434.5(b)(1 )b. with the following language:
"Replacement antenna-supporting structure foundations (excluding
guy wire anchors) constructed on a property or properties which
is/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."
and renumbering existing subparagraph 3 of Section 434.5(b)(1 )b. to subparagraph 4.
Second Amendment
Removing all references to the following land use districts in the proposed ordinance,
including language in proposed Division 16, "Wireless Communications Facilities,"
including all sections in Article VII, Division 2, "Permitted Uses," that pertain to the
following districts:
Commercial Fishing Special Districts (CFSD) 3, 9, 10, 11, 14, 15, 18 and 19
MEMORANDUM
FREILICH, LEITNER & CARLISLE
To: Mayor Neugent and Members of the Monroe County Board of County
Commissioners
From: Tyson Smith
Freilich, Leitner & Carlisle
Date: September 4,2001
Subj: Wireless Communications Facilities Ordinance
I am writing with a brief update on the Wireless Communications Facilities Ordinance,
and to give you an idea of how the adoption process has progressed since you retained
this firm several months ago.
First, at the Board's direction on August 15,2001, I have amended the proposed
ordinance to prohibit any lighting on wireless facilities themselves, except as required by
federal governrnent lighting and marking guidelines. For the most part, federal
requirements will affect only those antenna-supporting structures, or towers, greater than
two-hundred feet (200') or more in overall height. As currently drafted, the ordinance
limits most new towers to one-hundred and ninety-nine feet (199'), so federal regulations
will not preempt the ordinance's lighting requirement in most cases. Note, however, that
certain replacement towers, AM facilities, and any towers receiving a variance to the
199' height limit likely would be required to provide lighting pursuant to federal lighting
and marking regulations. Note too that limited lighting would be allowed only in
association with the equipment enclosure to allow nighttime maintenance. However, this
sort of lighting would have to remain unlit unless authorized personnel were actually
working on-site. The language as previously proposed and as amended to reflect the
concerns ofthe Board is as follows:
Freilich, Leitner & Carlisle
1150 One Main Plaza, 4435 Main Street, Kansas City, MO 64111-7727
Phone: (816) 561-4414 Fax: (816) 561-7931 E-mail: tsmith@flc-kc,com
doc. # 48744/90355.007
e. Lighting.
1. ^ t tRi QiE~riti9R 9f tRi PI:ilmiRg Diri~t9r, :m.~7 Rinr
:mtiMa EYfpgrtiRg EtfY~tWi "~kg iE 9Ri gYRQriQ
(1 gO) fiit tall 9r tdlir, but R9t ri'luiriQ by tRi f ^ ^ t9
pr9"iQi air~r&tt gbEtfY~tigR ligRtiag, ER:dl pr9viQi tRi
ful19"riRg:
(i) ^ '~.~iti tl:iERiRg gtrgbi gitl.1atiQ at tRi tgp 9f tRi
:intiMa EYfp9niRg ~tfY~turi 'vitR
illl.lmiRati9R ":iIYiE miitiRg bwt R9t
iXG:iiQiRg tai miRimYIR ri'll.liriQ b~7 wQiFal,
~tati, 9r 19~al &.YtR9rity; :iRQ
(ii) A riQ fbERiRg Etr9bi EitYat~Q :it tRi tgp gf tRi
antiIlR:i ~YfP9rtiRg gtfY~turi ".'itR ill\oYRiR:itigR
"ah.li~ mi~tiRg bwt R9t iX~iiQiRg tRi miRim'ollR
ri'lyiriQ by fiQir:il, Etati, 9r 19~:il :.ytg9rity; anQ
1. Except as provided in subparagraph 2 below, no lights,
signals, or other illumination shall be permitted on any
wireless communications facility or ancillary structure
unless the applicant demonstrates that lighting is
required by the FAA or the FCC.
2. AR~7 ligRtiRg pl:i~iQ 9R :iR ARtillna gy~~9rtiRg ~trn~tYri
ER&ll bi ~9mpl~tiQ Lighting may be placed in
association with an approved equipment enclosure, but
shall be placed only in accordance with the provisions
of Section 9.5-394 of the Land Development
Regulations and Section 13-63 of the Monroe County
Code. Lighting associated with an equipment enclosure
shall remain unlit except when authorized personnel are
present.
Second, the radio frequency engineering firm CityScape has updated its original analysis
in order to specifically address several important components of the proposed ordinance,
including, for example, the 199' height requirement (as well as the limited variance
provision), limitations on construction type (e.g., monopole versus guyed), and setback
requirements. from residential districts and U. S. 1. CityScape's engineering staff has
concluded that the proposed height limitations, construction types, and setbacks will
Freilich, Leitner & Carlisle
1150 One Main Plaza, 4435 Main Street, Kansas City, MO 64111-7727
Phone: (816) 561-4414 Fax: (816) 561-7931 E-mail: tsmith@)flc-kc.com
doc. # 48744/90355.007
adequately accommodate the future provision of personal wireless services in Monroe
County. I have attached for your review a copy of CityScape's letter that more
thoroughl y discusses the proposed ordinance's consistency with the needs of wireless
providers in Monroe County.
Third, I would like to outline for you the process undertaken since this Board retained
Freilich, Leitner & Carlisle to review and amend the current ordinance.
First, as a result of meetings with a number of your staff, we drafted an amended
ordinance for staff s review and eventual recommendation to the Planning Commission.
That draft included new height limitations and extensive changes to districting, design,
and review requirements, all made in order to diminish the visual and environmental
impacts of future wireless facilities infrastructure. Additionally, we amended numerous
sections of the ordinance in order to clarify requirements, streamline procedures, and
ensure equitable administration of the ordinance. And, finally, the draft incorporated
extensive changes to the satellite earth station provisions to ensure continued compliance
with federal regulations that are changing rapidly in this area of the law.
Second, on July 25, 2001, the Planning Commission began its consideration of the
ordinance, taking extensive public input, commenting on the draft, and eventually
continuing consideration until its next regular meeting. Having incorporated the
Commission's comments into a second draft, the Planning Commission gave additional
consideration to the ordinance on August 8, 2001, again taking extensive input from the
public, including those in the wireless internet, broadcasting, and personal wireless
service industries. Postponing its final recommendation until additional matters could be
addressed, the Planning Commission held a special meeting on August 14th, took
additional input from the public and the industry, and made its final recommendation to
this Board for adoption of the ordinance.
Third, as you are aware, the Planning Commission's recommended draft (Draft #4), was
put before this Board for a first reading on August 15, 2001. Input was once again taken
Freilich, Leitner & Carlisle
1150 One Main Plaza, 4435 Main Street, Kansas City, MO 64111-7727
Phone: (816) 561-4414 Fax: (816) 561-7931 E-mail: tsmith@f1c-kc.com
doc. # 48744/90355.007
from the public, including members of the broadcasting and wireless facilities service
industries. As discussed above, several changes have been made to the ordinance to
reflect the concerns the Board expressed at that meeting and a final draft is being
presented for your consideration. A review of that document will illustrate to you the
extensive effort, thought, and deliberations that have preceded this version of the
ordinance. In fact, I commend this Board, the Planning Commission, and Planning staff
for the considerable effort each has put into this process while operating under significant
time restraints.
I look forward to meeting with the Board a second time on September 19th. In the
meantime, should you have any questions regarding the ordinance or any of its
provisions, please forward them to the Planning staff or to me at any time.
Freilich, Leitner & Carlisle
1150 One Main Plaza, 4435 Main Street, Kansas City, MO 64111-7727
Phone: (816) 561-4414 Fax: (816) 561-7931 E-mail: tsmith~tlc-kc.com
doc. # 48744/90355.007
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Via Electronic Mail
September 3, 2001
K. Marlene Conaway, Director
Department of Planning and Environmental Resources
Monroe County
2798 Overseas Highway
Marathon, Florida 33050
Re: Division 6 Wireless Communications, Monroe County, FI
Dear Ms. Conaway:
This is a follow-up letter to comment on three specific issues regarding CityScape Siting
and Management's review of the Current Draft and Proposed changes to Monroe County's
Tower Ordinance pursuant to our previous report on this matter, dated August 10,2001.
1. TOWER HEIGHT LIMIT OF 199 FEET
Opinion
CityScape believes the 199-foot limit with the ability under "special circumstances"
to variance to 330 foot is consistent with the current wireless deployment.
Basis
Monroe County's flat geography, large expanses of water, and lack of tall buildings
is well suited for shorter antenna structures. The long length of the county is partially
mitigated by the lack of interference contours from adjacent land areas.
To substantiate this view the historical record was checked. The following graph
was created using data extrapolated from the Federal Communications Commission (FCC)
Antenna Structure Registration System (ASRS). This data includes the registered structures
and applications for structures in or adjacent to Monroe County. Figure 1 is this data
plotted from East to West with the structure heights in meters. For reference the 199 and
330 foot limits are approximately 60 and 100 meters respectively.
3300 University Drive. Suite 629. Coral Springs, Florida 33065. Phone 954.757.8668 . Fax 954,757.9994
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Page 2, September 3,2001
Monroe County
Analyzing the heights of these structures or applications, CityScape found that 48%
of these exceeded the 199' level by more than 10%. The Ordinance provides for a variance
to 330 feet in "special" circumstances. The number of Registered and applied for structures
that exceeded this 330 foot limit by more than 10% is 8 or 11 %.
Monroe Towers
330
320
310
300
290
280
270
260
250
240
230
220
210
200
190
180
170
160
150
140
130
120
110
100
90
80
70
60
50
40
30
20
10
o
HEIGHT_OF _STRUCTURE
Figure 1
Conclusion
CityScape believes the proposed height limits will not prevent deployment of
wireless services and will facilitate the deployment of functionally equivalent services as
required by the current Federal Regulations.
3300 University Drive' Suite 629. Coral Springs. Florida 33065. Phone 954.757.8668 . Fax 954.757.9994
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Page 3, September 3, 2001
Monroe County
2. TYPES OF STRUCTURES
Opinion
CityScape believes the use of monopoles to the 199-foot limit is consistent with the
technical needs of the majority of wireless provider's.
Basis
With the ability to variance for "special" circumstances (AM and taller towers)
CityScape believes this should facilitate the technical requirements of the wireless
providers.
Conclusion
CityScape believes the proposed requirement for monopoles to the 199-foot limit
will not prevent deployment of wireless services and will facilitate the deployment of
functionally equivalent services as required by the current Federal Regulations.
3. SETBACKS
Opinion
CityScape believes the 30% setback for monopoles is reasonable.
Basis
The long narrow geography of Monroe County makes it especially difficult to locate
antenna structures far from communities or escape routes. CityScape believes that with
certified design failure points a 30% setback will provide for the necessary public safety
Issues.
Conclusion
CityScape believes the proposed 30% setback will not prevent deployment of
wireless services and will facilitate the deployment of functionally equivalent services as
required by the current Federal Regulations.
3300 University Drive. Suite 629. Coral Springs, Florida 33065. Phone 954.757.8668 . Fax 954.757.9994
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Page 4, September 3, 2001
Monroe County
If you have any questions, please feel free to call Rick Edwards or me at (954) 757-8668.
Sincerely,
CITYSCAPE SITING AND MANAGEMENT, INC.
~~e-
Daniel J. Collins
cc: Tyson Smith (Freilich, Leitner & Carlisle)
Richard Edwards (CityScape)
Anthony T. Lepore (CityScape)
3300 University Drive. Suite 629' Coral Springs. Florida 33065 . Phone 954.757,8668 . Fax 954.757.9994
CityScape Siting and Management, Inc.
Expert Testimony Summary
Richard L. Edwards
Over 30 years experience in the broadcast industry serving as Technical Director,
Director of Engineering, and Engineering Consultant to various national broadcast
companies and organizations.
Consulted by numerous national tower companies regarding feasibility of new facilities.
Consulted worldwide on matters of design of broadcast antennas.
Created computer program that allows highest number of collocations feasible on a
single tower site.
Served as Division Director of various national tower companies since 1984.
Currently President of CityScape Siting and Management, Inc., a national company
consulting governrnents on the placement of cellular type towers and facilities, and
President of Tower America Corporation, an engineering and management firm which
represents broadcasting clients throughout the country.
Elected by peers as Vice President of the Society of Broadcast Engineers (SBE), an
organization of over 5,000 radio and television engineers and technicians nationwide.
Serves on the High Definition Television Steering Committee of the Association of
Federal Communications Consulting Engineers (AFCCE) with specific expertise on
towers.
Serves as Chairman of the National Frequency Coordinating Committee on Federal
Communications Commission (FCC) Part 74 Frequencies (broadcast auxiliary).
Serves as National Manager of the Game Day Coordinator Program for the National
Football League.
Is qualified as to all engmeenng matters before the Federal Communications
Commission.
Is qualified before the Federal Aviation Authority concerning airspace obstruction, tower
lighting and related matters.
Has provided expert testimony regarding towers and communications related matters
before state and federal courts and local zoning authorities throughout Florida, including
but not limited to Lake County, V olusia County, Hillsborough County, Broward County
and Dade County.
Tower clients have included TowerCom, Limited, Gannett Publishing Company,
Highpoint Tower Company, Clear Channel Communications, Radio Unica, Time
Warner and others.
David Snavely, P.E., Senior Engineer
David is Senior Engineer of CityScape, serving municipalities, carriers and system
vendors active in cellular and PCS technical projects. David has over 18 years
experience in telecommunications engineering and management and is qualified to
practice before the Federal Communications Commission. David brings a
specialization in cellular systems planning, engineering, training and course
development for infrastructure vendors and carriers. Industry experience includes
cellular RF engineering management, with responsibilities for hiring, budgeting, and
scheduling and performance analysis. Data communications engineering linking
computer mainframe centers to remote sites, 800 MHz ground-based repeater
systems engineering and on- and offshore microwave engineering to support oil
production operations, FM broadcasting station engineering and licensing, and
software development for US Naval Reserve.
Lead Project engineer municipal experience extensively includes Pompano Beach,
for which David consulted for the tower ordinance and continues to consult for tower
application review, which includes some testimony. David has also completed tower
evaluations from Florida to Guam involving multiple co-location wireless operators.
David's in-depth experience and knowledge of cellular system planning and design
makes him a perfect fit as lead engineer of CityScape's Engineering Team.
Additional background experience includes: Consulting specializing in cellular,
PCS, and microwave engineering and training: Consultant and witness for cellular
tower applications, considering up to 5 co-locating applicants; Expert witness for
municipal tower ordinance considerations; cellular engineering trainer and course
developer, NORTEL Wireless for RF Engineering and handoff courses; Cellular
industry network performance benchmarking studies.
Licenses held: Registered Professional Engineer, State of Florida; FCC General
Class Commercial Radiotelephone License; FCC Third Class Commercial
Radiotelegraph License; FCC Extra Class Amateur Radio License.
Dan Collins, Systems/Project Engineer
Dan has 30 years of engineering experience in both public and commercial
broadcasting, in positions ranging from Field Service Engineer to Chief Engineer.
He has extensive experience including, AM, FM, TV, Microwave and Satellite. Dan
has designed and deployed satellite equipment domestically and internationally, and
was responsible for the designed and installation of the first Florida Digital
Television station. Dan holds an FCC General Class Commercial Radiotelephone
License. ..
Dan currently serves as the Society of Broadcast Engineers Frequency Coordinator
(FCC Part 74 frequencies) for Dade, Broward and Monroe counties in South Florida
and 1 GHz and below for the state of Georgia.
Additionally Dan is the IT Manager at CityScape with many years of computer and
network experience. Dan is a Microsoft Certified Professional, a Microsoft Certified
System Engineer, and a Microsoft Certified Database Administrator.