Ordinance 033-2001
BOCC ORDINANCE #033 -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 F ACIL TITlES; 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
1
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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.
2
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/0 I
doc. #48965/90355.007
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 of the 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.
3
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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 of the 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 of this 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.
4
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
5. Goal 101 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 of the 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
5
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
(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 of time.
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
6
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
legs, "squirrel-cones", the removal of climbing pegs on monopole
structures, or other approved devices, but excluding the use of barbed wire.
(A-3) Antenna means any apparatus designed for the transmitting and/or
receiving of electromagnetic waves which includes but is not limited to
telephonic, radio or television communications. Types of antennas include,
but are not limited to: omni-directional (whip) antennas, sectorized (panel)
antennas, multi or single bay (FM & TV), yaggie, or parabolic (dish)
antennas.
(A-4) Antenna Array means a single or group of antennas and their associated
mounting hardware, transmission lines, or other appurtenances which share
a common attachment device such as a mounting frame or mounting
support.
(A-5) Antenna-Supporting Structure means a vertical projection composed of
metal, wood, or other substance with or without a foundation that is for the
express purpose of accommodating antennas at a desired height above
grade. Antenna-supporting structures do not include any device used to
attach antennas to an existing building, unless the device extends above the
highest point of the building by more than twenty (20) feet.
(A-6) Attached Wireless Communication Facility means an antenna or antenna
array that is attached to an existing building with any accompanying pole
or device which attaches it to the building, transmission cables, and an
equipment enclosure, which may be located either inside or outside of the
existing building. An attached wireless communications facility is
considered to be an accessory use to the existing principle use on a site.
(C-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-
7
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/0 I
doc. #48965/90355.007
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.
8
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
(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-I) 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-I) 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
9
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/0 I
doc. #48965/90355.007
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 Momoe 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
10
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
(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.
11
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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
CFSD2 Major As-of-Right As-of-Right As-of-Right Minor Minor 3
CFV Prohibited Minor As-of- Right Minor Minor Minor 3
DR Major As-of-Right As-of-Right As-of- Right As-of-Right As-of-Right
I Minor As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
IS Prohibited Prohibited As-of-Right Prohibited Major Minor3
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 Minor 3
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 Minor 3
SC Major As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
SR Prohibited Minor As-of-Right Prohibited Minor Minor 3
SR-L Prohibited Minor As-of-Right Prohibited Minor Minor 3
SS Prohibited Prohibited As-of-Right Prohibited Minor Minor 3
~C Major As-of- Right As-of-Right As-of-Right As-of-Right As-of-Right
~R Prohibited Minor As-of-Right As-of-Right Minor Minor 3
~RM 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: 1,2,8, 12, 13, 16 & 20
Includes the following Commercial Fishing Special Districts: 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 PR.
12
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/1 9/0 1
doc, #48965/90355.007
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 I 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.
13
Freilich, Leitner & Carlisle
As Adopted by Monroe County Hacc on 9/19/01
doc. #48965/90355.007
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
14
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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
15
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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:
16
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
(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
17
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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
18
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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, hlcluding
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.
19
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
Sincerely, (pre-application applicant, wireless provider) "
(b) Replacement of an Existing Antenna-Supporting Structure.
(1) Approval criteria for replacement antenna-supporting structures
a. For a proposed replacement antenna-supporting structure to be
approved, it shall meet the same approval criteria d., e., g.
through j. and 1. as indicated in Section 9.5-434.5(a) (1), as
well as the following:
b. Setbacks.
1. Any new equipment enclosures shall meet the
minimum setback requirements for the land use district
where they are located pursuant to Section 9.5-281; and
2. Replacement antenna-supporting structure foundations
(excluding guy wire anchors) constructed on a property
or properties which is/are contiguous to the IS, SR, UR
or URM zones shall not be any closer to these zones
than the foundation of the original antenna-supporting
structure being replaced; and
3. 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.
4. 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 ~9.5-434.5(a)(1)b. or
the height of the antenna-supporting structure it is
replacing, whichever is less.
20
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
2. In the following land use districts, replacement antenna-
supporting structures shall not exceed the height
requirements set forth in ~9.5-434.5(a)(1)b. or the
height of the antenna-supporting structure it is
replacing, whichever is greater: CF A, DR, I, MF, MI,
MD, NA, SC, DC, and CFS Districts 3, 4, 5, 6, 7, and
17.
d. Construction.
Subject to the height provisions above:
1. Replacement antenna-supporting structures with an
overall height of one-hundred and ninety-nine (199)
feet or less shall have a monopole type construction;
except that AM broadcast replacement facilities may be
of the same construction type as the structure being
replaced.
2. Replacement antenna-supporting structures with an
overall height of greater than one-hundred and ninety-
nine (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:
21
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
a. For a collocation on an existing antenna-supporting structure to
be approved, it shall meet with approval criteria i., j. and 1. as
indicated in Section 9.5-434.5 (a) (1), as well as the following:
b. Height.
A collocation on an existing antenna-supporting structure
shall not increase the overall height of the antenna-
supporting structure beyond that allowed under Section 9.5-
434.5(a)(1)b.
c. Structural Integrity.
Any collocation on an existing antenna-supporting structure
shall not impair the structure's ability to maintain the wind
speed design requirements of ASCE 7-95, including any
subsequent modification to those specifications.
d. Setbacks.
New equipment enclosures placed at an existing legally
non-conforming wireless communications facility (with
respect to wetland setbacks) shall be required to meet the
environmental design criteria of Section 9.5-345.
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
22
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
equivalent to the original design criteria for the
antenna-supporting structure.
2. A copy of the lease or sublease between the owner of
the antenna-supporting structure and the applicant
seeking to place additional wireless equipment on the
structure. Clauses related to lease term or rent may be
deleted or censored.
(d) Attached Wireless Communications Facilities.
(1) Approval criteria for attached wireless communications facilities:
a. For a proposed attached wireless communications facility to
approved, it shall meet with the approval criteria h., i., and 1. as
indicated in Section 9.5-434.5 (a) (1), as well as the following:
b. Accessory Use.
An attached wireless communications facility shall be an
accessory use as defined by Section 9.5-4 in the Land
Development Regulations; and
c. Height.
1. The antenna, antenna array, attachment device,
equipment enclosure and/or any ancillary equipment
shall not extend above the ground by more than seventy
(70) feet; and
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.
23
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
All attached antenna or antenna arrays, equipment
enclosures and ancillary equipment visible from outside the
building where they are located shall be painted so as to
blend in with the building where they are placed; and
f. Screening and Placement.
1. Attached wireless communications facilities shall be
screened by a parapet or other device so as to minimize
its visual impact as measured from the boundary line of
the subject property. Attached facilities shall be placed
in the center of the building where reasonably possible
so as to further minimize visual impact; and
2. An attached wireless communications facility shall only
be attached to a commercial, industrial, hotel,
multifamily, institutional, or public building.
(2) Submittal requirements for attached wireless communications facility
applications:
a. For a proposed attached wireless communication facility
application to be considered complete pursuant to Section 9.5-
44, it shall contain submittal materials a. through f., h. and n. as
indicated in Section9.5-434.5(a)(2).
(e) Stealth Wireless Communications Facilities.
(1) Approval criteria for stealth wireless communications facilities:
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 mmlmum setback
requirements for the land use district where they are
located pursuant to Section 9.5-281.
b. Height.
24
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/1 9/0 1
doc. #48965/90355.007
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.
25
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
(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.
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:
26
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/0 I
doc. #48965/90355.007
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:
1. 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
27
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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;
28
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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:
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 of the proposed variance with adjacent land uses and
the availability of alternative sites and technologies in light of existing
and permitted development in area;
6. Whether granting of the proposed variance will obviate the need for
additional new antenna-supporting structures due to increased 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-
29
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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.
(t) 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.
Section 3.
Article VII Division 2 is hereby AMENDED to include the following:
30
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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 9.5-434.5 (c) "Collocations on an existing
antenna-supporting structure."
(11) Attached wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5-434.5 (d) "Attached wireless
communications facilities."
(12) 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."
(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."
(c) Major conditional uses:
(7) New antenna-supporting structures, pursuant to article VII, division 16,
section 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 9.5-434.5 (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:
31
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
(4) Replacement of an existing antenna-supporting structure pursuant to article
VII, division 16, section 9 .5-434.5 (b) "Replacement of an existing antenna-
supporting structure."
(5) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(6) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
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), 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."
(c) 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:
32
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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 9.5-434.5 (c) "Collocations on an existing
antenna-supporting structure."
(11) Attached wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5-434.5 (d) "Attached wireless
communications facilities."
(12) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, 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."
(c) Major conditional uses:
(8) New antenna-supporting structures, pursuant to article VII, division 16,
section 9.5-434.5(a) "New antenna supporting structures."
Sec. 9.5-235.1. Urban Mobile Home - Limited District (URM-L).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures, pursuant to Article
VII, Division 16, Section 9.5-434.5 (c) "Collocations of an Existing
Antenna-Supporting Structure."
(7) Satellite earth stations less than two (2) meters in diameter, as accessory
uses, pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite
earth stations."
(b) The following uses are permitted as minor conditional uses in the Urban Mobile
Home - Limited District (URM-L), subject to the standards and procedures set forth
in article III, division 3:
(1) Replacement of an existing antenna-supporting structure pursuant to
33
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/1 9/0 I
doc. #48965/90355.007
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."
(c) 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:
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."
(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."
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
34
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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 uses are permitted as minor conditional uses in the Sub Urban
Residential District (Limited) (SR-L):
(1) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 9.5-434.5 (b) "Replacement of an existing
antenna-supporting structure."
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(3) Satellite earth stations greater than or equal to two (2) meters in diameter,
as accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
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 (f) "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."
35
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(7) Replacement of an existing antenna-supporting structure pursuant to article
VII, division 16, section 434.5 (b) "Replacement of an existing antenna-
supporting structure."
(8) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII, division 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 9.5-434.5 (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."
Sec. 9.5-240. Mainland Native Area District (MN).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(7) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite earth
stations. "
(b) Minor conditional uses:
(2) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
36
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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 (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."
Sec. 9.5-242. Improved Subdivision District (IS).
(a) As of right uses:
(6) Collocations on existing antenna-supporting structures, pursuant to article
VII, division 16, section 9.5-434.5 (c) "Collocations on an existing antenna-
supporting structure."
(7) Satellite earth stations less than two (2) meters in diameter, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (f) "Satellite earth
stations."
(c) Minor conditional uses:
(4) Satellite earth stations greater than or equal to two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5 (f)
"Satellite earth stations."
(d) Major conditional uses:
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
37
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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 9.5-434.5 (c) "Collocations on an existing
antenna-supporting structure."
(4) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 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 ~.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."
(c) Major conditional uses:
(4) New antenna-supporting structures, pursuant to article VII, division 16,
section 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,
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."
38
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
(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."
Sec. 9.5-245. Commercial Fishing Area District (CF A).
(d) As of right uses:
(l) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 434.5 (b) "Replacement of an
existing antenna-supporting structure."
(2) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (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."
(e) Minor conditional uses:
(1) Attached wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5-434.5 (d) "Attached wireless
communications facilities."
(2) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5 (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."
(f) Major conditional uses:
(3) New antenna-supporting structures, pursuant to article VII, division 16,
39
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
section 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 (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."
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."
40
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
(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."
(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 4 (Located on Long Key):
(1) As of right uses:
b. Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 434.5 (b) "Replacement of an
existing antenna-supporting structure."
c. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
d. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (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:
41
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
a. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
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 9.5-434.5 (a) "New antenna-supporting structures."
(d) 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, section 434.5 (b) "Replacement of an
existing antenna-supporting structure."
J. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
k. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (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 .5-434.5 (e) "Stealth wireless
communications facilities."
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:
i. New antenna-supporting structures, pursuant to article VII, division
42
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
16, section 9.5-434.5 (a) "New antenna-supporting structures."
(e) 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 434.5 (b) "Replacement of an
existing antenna-supporting structure."
d. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
e. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (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 VII, division 16, section 9 .5-434.5 (e) "Stealth wireless
communications facilities."
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 9.5-434.5 (a) "New antenna-supporting structures."
(f) 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 434.5 (b) "Replacement ofan
existing antenna-supporting structure."
k. Collocations on existing antenna-supporting structures, pursuant to
43
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
article VII, division 16, section 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 9.5-434.5 (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."
(2) Minor conditional uses:
c. Stealth wireless communications facilities, as accessory uses, pursuant
to article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
d. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division l6,
section 9.5-434.5 (f) "Satellite earth stations."
(3) Major conditional uses:
b. New antenna-supporting structures, pursuant to article VII, division
16, section 9.5-434.5 (a) "New antenna-supporting structures."
(g) CFSD 8 (Located on Big Pine)
(3) As of right uses:
a. Collocations on existing antenna supporting structures, pursuant to
article VII, division l6, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
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
(f) "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."
44
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
(h) 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
(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."
(i) CFSD 13 (Located on Summer/and 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."
(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."
(j) 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
45
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
(f) "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,
section 9.5-434.5 (f) "Satellite earth stations."
(k) 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 434.5 (b) "Replacement of an
existing antenna-supporting structure."
b. Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
c. Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (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 .5-434.5 (e) "Stealth wireless
communications facilities."
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 9.5-434.5 (a) "New antenna-supporting structures."
(1) CFSD 20 (Located on Little Torch Key):
46
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
(1) As of right uses:
k. Collocations on existing antenna supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an
existing antenna-supporting structure."
1. Satellite earth stations less than two (2) meters in diameter, as
accessory uses, pursuant to article VII, division 16, section 9.5-434.5
(f) "Satellite earth stations."
(2) The following uses are permitted as minor conditional uses in the
Commercial Fishing Special District 20, subject to the standards and procedures
set forth in article III, division 3, section 9.5-61 et seq:
c. Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16,
section 9.5-434.5 (f) "Satellite earth stations."
(3) No major conditional uses shall be permitted.
(4)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, section 434.5 (b) "Replacement of an existing
antenna-supporting structure."
(15) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an existing
antenna-supporting structure."
(16) Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (d) "Attached wireless
communications facilities."
(17) Stealth wireless communications facilities, as accessory uses,
47
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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 (f) "Satellite
earth stations."
(b) Minor conditional uses:
(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
l6, section 9.5-434.5 (a) "New antenna-supporting structures."
Sec. 9.5-249. Industrial District (I).
(a) As of right uses:
(10) Replacement of an existing antenna-supporting structure pursuant to
article VII, division 16, section 434.5 (b) "Replacement of an existing
antenna-supporting structure."
(ll) 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."
(12) Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (d) "Attached wireless
communications facilities."
(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:
(3) New antenna-supporting structures, pursuant to article VII, division
16, section 9.5-434.5 (a) "New antenna-supporting structures."
48
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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, section 434.5 (b) "Replacement of an existing
antenna-supporting structure."
(13) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an existing
antenna-supporting structure."
(14) Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (d) "Attached wireless
communications facilities."
(15) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(16) Satellite earth stations, as accessory uses, pursuant to article VII, division
16, section 9.5-434.5 (f) "Satellite earth stations."
(b) Minor conditional uses:
(3) New antenna-supporting structures, pursuant to article VII, division
16, section 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, 434.5 (b) "Replacement of an existing antenna-
supporting structure."
(11) Collocations on existing antenna-supporting structures, pursuant to
article VII, division 16, section 9.5-434.5 (c) "Collocations on an existing
antenna-supporting structure."
(12) Attached wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (d) "Attached wireless
communications facilities."
(13) Satellite earth stations, as accessory uses, pursuant to article VII, division
16, section 9.5-434.5 (f) "Satellite earth stations."
49
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
(14) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
(b) 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 9.5-434.5 (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 9.5-434.5 (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 9.5-434.5 (d) "Attached wireless
communications facilities."
(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."
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."
50
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
(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 (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) Stealth wireless communications facilities, as accessory uses,
pursuant to article VII, division 16, section 9.5-434.5 (e) "Stealth wireless
communications facilities."
Sec. 9.5-254. Conservation District (CD).
(a) The following uses are permitted as of right in the Conservation District, pursuant to
the stang,ards 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 (f) "Satellite earth
stations."
(b) The following uses are permitted as minor conditional uses in the Conservation
District, pursuant to the standards and procedures set forth in article III, division 3:
(1) Satellite earth stations greater than or equal to two (2) meters in
diameter, as accessory uses, pursuant to article VII, division 16, section 9.5-
434.5 (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.
51
Freilich, Leitner & Carlisle
As Adopted by Monroe County BOCC on 9/19/01
doc. #48965/90355.007
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 ofthe Board held on the19th day ofSeptemb~01.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Comm. Charles "Sonny" McCoy
Comm. Murray E. Nelson
Comm. Dixie Spehar
YPP,
yes
yes
not present
yeR
. llinO:) 30't!~O~
''113 .1':) .'t!\~~)4:':) ~G
J. "'I(}\1 ." 'M~
3~"V\\ \" \.
6- l.'jO \~~1.
t- \ ~ \\ ~'J
~ Q11\1
Freilich, Leitner & Carlisle o).\O'J1'd tiO
As Adopted by Monroe County'S"bCC on 9/19/01
52
doc. #48965/90355.007
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COUIm-:lOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS mGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
October 9, 2001
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Via Certified Mail 7099 3400 0005 91186312
Dear Mrs. Cloud,
Enclosed please find certified copies ofthe following Ordinances:
Ordinance No. 030A-2001 amending Section 2-15.1(b) Monroe County Code, in order
to change the department title of Civil Defense to Emergency Management; authorizing the
Sheriff to declare a state of local emergency; proyiding for severability; providing for the repeal
of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County
Code of Ordinances; and providing an effective date.
Ordinance No. 031A-2001 prohibiting parking on County Roads during certain times for
the pmposes of street cleaning; providing that parking prohibition for street cleaning purposes is
not effective until official signs stating the parking prohibition have been in place for thirty days;
providing for penalties; providing for severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and providing an effective date.
Ordinance 032-2001 adding Section 9.5-124, Non-Residential Rate of Growth
Ordinance (NROGO); providing for the severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for the incorporation into the Monroe County Code; and
directing the Clerk of the Court of the Board to forward a certified copy of this Ordinance to the
Florida Department of Community Affairs and providing an effective date.
October 9, 2001
Ordinance No. 033-2001 amending Article vn Division 16 of the Monroe County Land
Development Regulations, Section 9.5-434, Wireless Communications Facilities; and Sections
9.5-232 through 9.5:254, pennitted 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.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on September 19, 2001. Please file for record.
Should you have ~y questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
:Md~
a G. H cock, Deputy Clerk
Cc: County Administrator w/o documents
Sheriff's Office 030A-2001
Public Safety 030A-2001 & 033-2001
Public Works 031A-200l
Growth Management 032-2001 & 033-2001
County Attorney
BOCC
File
U.S. Postal SerMice I
CERTIFIED MAil RECEIPT
(Domestic Mail Only; /rJo Insurance Coverage Provided)
ru
r'l
~ Mrs. Liz Cloud (Ord.030A/031A/032/033)
cO
r'l
r'l
[J'""
I
-7/
Postage! $ I "<
Total Postage & Fees
Postmark
Here
Certified Fee
U"I
CJ
CJ
CJ
Return Receipt Fee
(Endorsement ReqUIred)
Restricted Delivery Fee
(Endorsement Required)
CJ
CJ
~
JT1 ~e"ime I{jif C~'tlIfh(rtl'1~ ode & Laws
[J'"" ~;~J:4-g.~t'B-~-m:ld ingnn..mnnnnm.nmnn_nnnmnnn
[J'"" 401 S Monroe Street
~ t:hii1flfJf~~~-~_nFL_n3'23-~;i9~-o25-0_n_nn
f K, Form 3800 July 1999 See Reverse for InstructIon
SENDER COMPLETE THIS SECTION
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Mrs. Liz Cloud
Bureau of Administrative Code
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
(Ord.030A/031A/032/033-2001)
2. "
7
PS I
C.Si~
qEPARTMENT Or:
STATfn Agent
D Addressee
D. Is delivery address different from item 1? DYes
If YES, enter delivery address below: D No
OCT 1 5 201M
3. Service Type
~ Certified Mail
D Registered
D Insured Mail
D Express Mail
D Return Receipt for Merchandise
DC.O.D.
4. Restricted Delivery? (Extra Fee)
DYes
102595-00-M-0952
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach COWlty Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough COWlty
Preservation Board
RINGLING MUSEUM OF ART
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
October 16,2001
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated October 9, 2001 and certified copies of Monroe County
Ordinance Nos. 030A-2001, 031A-200l, 032-2001 and 033-2001, which were filed
in this office on October 12,2001.
LC/mp
Sincerel;, c.1ovf1
L~ief
Bureau of Administrative Co~ CJ
z ):>
25 C-J ~
,""-
fTl:;::l;-<
n- r-
on.
~;o~
-I' CJ
n'
:<,....:x:
')>
..., C>
; rr1
~
c:::t
I::;:::)
.."
:x
..."
r-
f'T1
o
'"""'
<:)
::;0
::;0
rt1
("')
<:)
::;0
o
o
CJ
.......
0')
U1
c....;
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 · (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.tl.us . E-Mail: election@mail.dos.statejl.us
~....
.-:l
c::::J
:t. ,..., c::::J
0-'
::T-:to: C)
:;:0 C'? ~,'; r'1
0,'" (1
r"~-( _
DCA Final Order No. DC~COR~l
~7: ?O ;.~; -0
-I C");- :x
:<-1:::::
...,.,'::'" 'f?
r C')
_ l""1
,. (J'1
ST ATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULA nONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 033-2001
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to ~~ 380.05(6) and (11), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2000), approving
Monroe County Ordinance No. 033-2001 as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a local government within the Florida Keys Area.
2. On October 18, 2001, the Department received for review Monroe County Ordinance
No. 033-2001 which was adopted by the Monroe County Board of County Commissioners on
September 19,2001 ( "Ord. 033-2001 "). Ord. 033-2001 amends Article V.II Division 16 of the
Monroe County Land Development Regulations to address regulations and standards for wireless
communications facilities.
3. Ord. 033-2001 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are
enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
State Concern. ~~ 380.05(6) and (11), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2000).
-"
-
,
f'Tl
o
"T1
<:)
:::0
:;:0
fT\
<.J
<:)
:::0
o
DCA Final Order No. DCAOl-OR-221
5. Monroe County is a 10cal government within the Florida Keys Area of Critical State
Concern. S 380.0552, Fla. Stat. (2000) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
6. "Land development regulations" include 10cal zoning, subdivision, building and other
regulations controlling the development ofland. S 380.031(8), Fla. Stat. (2000). The regulations
adopted by Ord. 033-2001 are land development regulations.
7. All land development regulations enacted, amended or rescinded within an area of
critical state concern must be consistent with the Principles for Guiding Development (the
"Principles"). S 380.0552(7), Fla. Stat.; see Rathkamp v. Department of Community Affairs, 21
F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are
construed as a whole and no specific provision is construed or applied in isolation from the other
provisions. S 380.0552(7), Fla. Stat. (2000).
8. Ord. 033-2001 promotes and furthers the following Principles in S 380.0552(7):
(a) To strengthen local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
the continuation of the area of critical state concern designation.
(1) To protect the public health, safety, and welfare of the citizens of the Florida
Keys and maintain the Florida Keys as a unique Florida resource.
9. Ord. 033-2001 is consistent with the following Principles in S 380.0552(7):
(b) To protect shoreline and marine resources including mangroves, coral reef
2
DCA Final Order No. DCAOI-OR-221
formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
(c) To protect upland resources, tropical biological communities, freshwater
wetlands, native tropical vegetation, (for example, hardwood hammocks and
pinelands), dune ridges and beaches, wildlife, and their habitat.
10. Ord. 033-2001 is not inconsistent with the remaining Principles. Ord. 033-2001 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 033-2001 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
ARI ROTH, ACTING DIRECTOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
3
DCA Final Order No. DCAOI-0R-221
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRA TNE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MA TERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATNE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRA TNE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATNE CODE. IN AN
INFORMAL ADMINISTRA TNE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENT A TNE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRA TNE HEARING BEFORE AN ADMINISTRA TNE LAW JUDGE OF THE
DNISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRA TNE CODE. AT A FORMAL ADMINISTRA TNE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENT A TNE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATNE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECENED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
4
DCA Final Order No. DCAOI-0R-221
OAK BOULEV ARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRA TNE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRA TNE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATNE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATNE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRA TNE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
5
DCA Final Order No. DCAOl-OR-221
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original ofthe foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and correct copies have been furnished to
the persons listed below by the method indicated this f5~ay of December, 2001.
By U.S. Mail:
(\.~ \: c::: .
~ '\.Ck..l... @Ju.L ~/?fl--:::,
t Paula Ford, Agency clerk
Honorable George Neugent
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagencv Mail:
Michael McDaniel, Growth Management Administrator, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Richard A. Lotspeich, Assistant General Counsel, DCA Tallahassee
6