HomeMy WebLinkAbout1997-16ORDINANCE NO. 97- 16
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING
THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT
REGULATIONS (LDRS): CHAPTER 901, DEFINITIONS; CHAPTER
911, ZONING; CHAPTER 912, SINGLE FAMILY DEVELOPMENT;
CHAPTER 917, ACCESSORY USES & STRUCTURES; CHAPTER 954,
OFF-STREET PARKING, CHAPTER 971, REGULATIONS FOR
SPECIFIC LAND USE CRITERIA; AND PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS, CODIFICATIONS, SEVERABILITY AND
EFFECTIVE DATE.
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida that the Indian River County land
development regulations (LDRs) be amended as follows.
A. Amend the definition of "Transmission tower" in section
901.03, to read as follows:
Communications tower.
a structure supporting a utility transmission line(s)
only,
- a structure up to 150' high supporting a 69 KV or
higher voltage -utility transmission line(s) and an
antenna(s), when located in non-residential zoning
districts.
Note: Notwithstanding anything in section 971.44(l) to the
contrary, within residential zoning districts no
telecommunications additions (such as antennas or support
structures) shall be'made to utility poles that would result
in an increased heiah•t of the pole and its attachments.
Certain types of communications towers are defined as
fnl1nws�
(a) Amateur Radio: a tower structure used by an individual
or.individuals licensed by the Federal Communications
Commission as an amateur radio operator(s) and where
such use is covered by the Federal Communications
Commission PRB-1 preemption.
(b) Commercial: a tower structure used by a
telecommunications provider, other than an amateur
radio operator. Examples of such providers/services
include: AM/FM radio, television, microwave, telephone,
cellular, personal wireless services, and related forms
of electronic communication.
(c) Commercial camouflaged: a communications tower and
support facilities designed to blend into the existin
ORDINANCE NO. 97- 16
surroundings and to be disguised so as not to have the
appearance of a communications tower and tower support
facilities. Camouflaged towers may be disguised to
appear as either part of or within the structure
housing the site's principal use or as an accessory
structure that is normally associated with the site's
principal use. Examples of such camouflaged towers
include towers disguised within or as a part of a
steeple, clock tower, or light pole. Camouflaged
towers may also be disguised to blend in with or be
designed to complement their surroundings. Examples of
such camouflaged towers include towers constructed in
the form of a tree to appear to be part of a forested
area or towers disguised within a -monument that blends
in with an entranceway feature or park.
(d) Lattice: a self supporting tower structure other than a
monopole, characterized by a lattice structural
appearance.
(e) Monopole: a tower structure that consists of a single
pole supported by a permanent foundation.
Be Establish a definition of "Communications Tower Height" in
section 901.03, to read as follows.
Tower height shall be measured vertically from the tower
site's average natural grade elevation to the tower's
highest point above the ground, including the highest point
of the highest antenna attached to the tower. Required
safety appurtenances such as air traffic lighting and
lightning rods covering a vertical distance of 8' or less
shall not be included in the calculation of tower height.
1. Amend the antenna regulations of section 912.15(2) and
917.06 (8) [Note: both sections are identical], as follows:
A. Dish antenna location restrictions. To reduce the
negative aesthetic impacts of dish antenna visibility
from streets and "surrounding properties, no
ie.
ti dish antenna exceeding one meter in diameter
shall be located between any building and any front or
side property line except on corner lots which do not
have a rear yard in which case the dish may be placed
in the side yard.
ORDINANCE NO. 97-16
surrounding properties and rights-of-way and allows for
signal reception. The location and specification of
all screening materials shall be approved by the
director of community development.
c. Antennas attached to existing structures. Antennas
attached to existing, legally constructed structures
shall be treated as a permitted use for a height of u
to 1100 of the height of the existing structure to
which the antenna is being attached.
D. The following screening and design requirements shall
apply to"commercial antenna attachments,
(1) Equipment buildings or shelters accessory to
antenna facilities shall be limited to a height of
15' and shall, in developed areas, have color and
finish materials that are compatible with the main
building(s)"- on the same development site, and
shall, in undeveloped areas, have colors that
match the natural surroundincls.
(2) Roof mounted antennas extending vertically 10'
above the building height shall be set back from
the building edge (facade) a distance equal to the
antenna height.
(3) Roof and building mounted antennas shall be
located and/or screened so as to minimize the
visual impact from adjacent roads and properties.
(4) Antennas mounted on building facades shall project
out from the facade no more than 4', and shall
cover no more than 50 square feet of facade area.
No facade area limitation shall apply where
antennas are completely screened from view (from
adjacent roads and properties) by material(s)
matching the building exterior.
2. Section 912.15(4) is hereby amended to read as follows:
ORDINANCE NOO 97-16
(d) Towers shall meet the airport
zoning
ordinance
requirements (see section
911.17).
(e) Additional requirements relating to towers may be
found in Chapter 911, 917, and 971.
3. Section 917.06(11) is hereby amended to read as follows.
(B) In residential zoning districts, towers must be
accessory to an approved, principal site use and
shall meet standard building code requirements for
structures.
(D) Towers shall meet the airport
zoning
ordinance
requirements (see section
911.17).
(E) Additional requirements relating to towers may be
found in Chapter 911, 912, and 971.
AMATEUR RADIO
(accessory use)
*Less than 80' P P P P P
•80' or taller S S S S S
[see 971.44(4) for
special criteria].
COMMERCIAL
Up to 70':
*Camouflaged P P P P P
•Non -camouflaged P P P - -
ORDINANCE NO. 97- 16
A-1 A-2 A-3 RFD RS -1
70' to 150'•
•Camouflaged A _A A_ A_ A_
*Monopole (minimum of 2 users) A_ A_ A_ - -
*Not camouflaged & A/S* A/S* A/S* - Not monopole
Over 150':
•All tower types - S S - -
*See 971.44(1) for
special criteria
2. Amend a portion of the section 911.07(4) use table as
follows:
•80' or taller
[see 971.44(4) for
special criteria]
COMMERCIAL
Up to 70'. .
•Camouflaged
*Non -camouflaged
70' to 150'•
*Camouflaged
•Monopole (minimum of
2 users)
*Not camouflaged &
Not monopole
Over 150':
*All tower types
*See 971.44(1) for
special criteria
3. Amend a portion of the section 911.08(4) use table as
follows:
COMMUNICATIONS TOWERS
AMATEUR RADIO
(accessory use)
•Less than 80'
•80' or taller
[see 971.44(4) for
special criteria]
COMMERCIAL
Up to 70':
*Camouflaged
•Non -camouflaged
70' to 1501:
ORDINANCE NO. 97- 16
RM -3 RM -4 RM -6 RM -8 RM -10
*Camouflaged
•Monopole (minimum of 2 users)
•Not camouflaged &
Not monopole
Over 150'•
*All tower types
*See 971.44(1) for
special criteria
ORDINANCE NO. 97-16
5. Amend a portion of the section 911.10(4) use table as
follows:
•80' or taller
[see 971.44(4) for
special criteria]
COMMERCIAL
Up to 70':
*Camouflaged
•Non -camouflaged
70' to 1501•
•Camouflaged
•Monopole (minimum of
2 users)
•Not camouflaged &
Not monopole
Over 150':
•All tower types
*See 971.44(1) for
special criteria
6. Amend a portion of the section 911.11(4) use table as
follows:
AMATEUR RADIO
(accessory use)
*Less than 80'
e80' or taller
[see 971.44(4) for
special criteria]
COMMERCIAL
ORDINANCE NO. 97-16
IL IG
70' to 1501:
•Camouflaged A_ A_
*Monopole (minimum of 2 users) A_ A_
•Not camouflaged & A/S* A/S*
Not monopole
Over 1501.
*All tower types S S
*See 971.44(1) for
special criteria
7. Amend a portion of the section 911.12(4) use table as
follows:
8. Amend a portion of the section 911.13(2)(b) use table as
follows:
ORDINANCE NO. 97- 16
'COMMUNICATIONS TOWERS
AMATEUR RADIO
(accessory use)
*Less than 80'
080' or taller
[see 971.44(4) for
Up to 70':
•Camouflag
•Non-camou
70' to 150':
*Camouflaged
*Monopole (minimum of 2 users
*Not camouflaged &
Not monopole
Over 150':
*All tower types
*See 971.44(1) for
special criteria
9. Amend a portion of the section 911.13(3)(c) use table as
follows:
COMMUNICATIONS TOWERS ROSE -4
AMATEUR RADIO
(accessory use)
•Less than 80' P
•80' or taller S
[see 971.44(4) for
special criteria]
COMMERCIAL
Up to 70'•
*Camouflaged P
*Non -camouflaged -
70 to 150':
*Camouflaged A_
•Monopole (minimum of 2 users) -
•Not camouflaged &
Not monopole
Over 150'•
•All tower types -
*See 971.44(1) for special criteria
ORDINANCE NO. 97- 16
10. Amend a portion of the section 911.13(4)(c) use table as
follows:
AMATEUR RADIO
(accessory use)
*Less than 80' P
•80' or taller S
[see 971.44(4) for
special criteria]
COMMERCIAL
Up to 70':
*Camouflaged -
•Non -camouflaged -
70' to 150':
•Camouflaged -
•Mnnnr-)nlo /minimiim of 7 rncarcl -
Over 150'•
*All tower types -
*See 971.44(1) for
special criteria
Change the specific land use criteria of 971.44(1), as follows.
Section 971.44. Utility Uses.
The intent of these regulations is to reasonably accommodate
telecommunications needs in a non-discriminatory and
competitive neutral manner while ensuring safety,
appropriate locations of communications towers and antennas,
avoiding an unnecessary proliferation of new tower sites,
and minimizing negative aesthetic impacts of communications
towers and antennas.
ORDINANCE NO. 97-16
Additions (such as antennas or support structures) to
existing, legal nonconforming communications towers shall
not require special exception use approval unless such
additions result in an increase in the original tower height
by 1096 or more, as referenced in section 971.05(3), and the
increased height requires special exception use approval
under the requirements of this section. Where no special
exception use approval is required, staff level approval may
be granted. (Note: see section 901.03 definition of
"communications tower" for limitations applicable to utility
poles.)
(a) Camouflaged commercial communications towers 70' to
150' tall: administrative permit use approval is
required: no Planning and Zoning Commission review or
approval required if associated with a site plan
reviewed as an administrative approval or minor site
plan. Criteria 2, 4, and 7
(g) below must be satisfied
application. Applies in all
as specified in subsection
for approval of any
zoninq districts.
(b) Monopole commercial communications towers 70' to 150'
tall, structurally designed and built to accommodate at
least 2 users: administrative permit use approval is
required. Criteria 1, 2, 4, and 7 as specified in
subsection (g) below must be satisfied for approval of
any application. Applies in the following districts:
A-1, A-2, A-3, PRO, OCR, MED, CL, CG, CH, IL, IG, Con-
t, Con -2, and Con -3.
(c) Commercial communications towers 70' to 150' tall not
camouflaged and not monopole (with minimum structural
capacity for 2 users).
1. Within l mile of Urban Service Area.0 special
exception use approval is required. Criteria 1-16
as specified in subsection (g) below must be
satisfied for approval of any, application.
Applies in the following districts: A-1, A-2, A-3,
Con -1, PRO, OCR, MED, CN, CL, CG, CH, IL, and IG.
2. More than 1 mile from Urban Service Area:
administrative permit use approval is required.
Criteria 1-16 as specified in subsection (g) below
must be satisfied for approval of any application.
Applied in the following districts: A-1, A-2, A-3,
and Con -1.
(d) All commercial communications towers 150'* and taller.
special exception use approval is required. Criteria
1-16, as specified in subsection (g) below must be
satisfied for approval of any application. Applies in
the following districts: A-2, A-3, Con -11 IL, and IG.
(e) Non -conforming commercial towers may be replaced with a
new tower that does not meet the setback standards of
criteria (g) 1. below if: the degree of setback non-
conformity is not increased, the tower is designed for
and used by multiple users, and the applicable approval
ORDINANCE NO. 97-16
procedures and criteria for the type of tower specified
in (a) -(d) above are satisfied.
Additional information requirements.
2. A site plan, pursuant to the requirements of
Chapter 914;
3. A map showing the. distance from the proposed tower
to the closest towers over 70' in height located
north, south, east, and west of the proposed
tower.
4. Information on how fair market value rates will be
determined and applied to other potential users
for leasing/renting space on the proposed tower.
a5. Additional requirements relating to towers may
also be found in Chapters 911, 912, and 917.
:+& J(g) The following criteria must be used for administrative
permit and special exception uses, as previously
specified:
"camouflaged commercial communications tower" need
satisfy only the building setbacks for the type of
structure used or simulated.
ORDINANCE NO, 97- 16
Towers shall be designed and constructed according
to -applicable building code wind -loading
requirements.
3. The distance of any guy anchorage or similar
device shall be at least five (5) feet from any
property line;
4. All accessory structures shall be subject to the
height restrictions provided in Accessory uses,
Chapter 917';;:. Accessory buildings and shelters
shall meet the requirements of section 917.06(8)
(D)*
5. If more than two hundred twenty (220) voltage is
necessary for the operation of the facility and is
present in a ground grid or in the tower, signs
located every twenty (20) feet and attached to the
fence or wall shall display in large, bold, high
contrast letters (minimum height of each letter: 4
inches) the following: "HIGH VOLTAGE - DANGER";
6. No equipment, mobile or immobile, which is not
used in direct support of the transmission or
relay facility shall be stored,or parked on the
tower site area of development unless repairs to
the facility are being made (applies only on A-1,
A-2, or A-3 zoned property);
7. No tower shall be permitted to encroach into or
through any established public or private airport
approach path as provided in the airport height
limitations. All proposed towers shall satisfy
the airport zoning ordinance requirements.
ORDINANCE NO. 97=16
shall
submit
a conceptual
Louvers or shields may
be
to keep light from shining
(a) A scaled map showing the "acceptable search
area". Said area shall be 150% of the search
area radius of the proposed facility, which
shall be demonstrated based on radio-
frequency information (including field data)
and specifications, antenna height, terrain,
and proposed telecommunications services.
(b) Said scaled map [see (a), above], shall show
the location, height, and users of the
following: existinq, approved, and proposed
ORDINANCE NO. 97-16
tower sites and potential collocation sites
(e.g. transmission pole corridors, ballfield
lighting facilities, steeples, water towers,
silos, and other tall structures).
(c) A countywide map showing the general location
of the applicant's existing facilities and
tentative 5 -year location plan for future
facilities.
(d) For each existing, approved, and proposed
facility mapped under (b), above, a written
explanation of why such facility cannot be
used. Justifiable reasons may include owner
rejection. Reasons given that involve
inadequate height, inadequate space or
structural capacity and radio-frequency
interference shall include an explanation of
why structural modifications that could
overcome such problems are not feasible, any
such reasons shall be reviewed by a county
engineering consultant, as referenced in (e)
and (f) below.
(e) Submittal of a fee established by resolution
of the Board of County Commissioners,
separate from site plan and special exception
review fees, to cover the county's costs of
hiring an engineering consultant to review
the written justification, where a county
consultant review is required under
subsection (d), above.
(f) Within 10 working days of receiving a written
justification that requires county consultant
review, the county's engineering consultant
shall submit to county staff written comments
regarding the applicant's justification and
reasons.
Prior to scheduling the tower application for Planning
and Zoning Commission consideration, the county shall
obtain from a hired engineering consultant review
comments on the applicant's justification. The
county's consultant shall present said comments to the
Planning and Zoning Commission, (and to the Board of
County Commissioners for applications to be considered
by the Board), and said comments and presentation shall
be considered in the county's decision on the tower
application.
12. Applicants shall provide notice of the proposed
tower to potential users.
(a) At least forty-five days prior to Planning
and Zoning Commission consideration of an
application, the applicant shall send a
notice by certified mail to all known
potential tower users, as specified by the
Planning Division. Said notice shall provide
tower technical specifications, location,
height, and an invitation to respond within
a
ORDINANCE NO. 97- 16
twenty days to both the applicant and
Planning Division if co -use of the tower is
desired. Said notice shall also include the
phone number, facsimile number, and address
of the applicant's contact person and the
Planning Division. Respondents shall provide
the applicant and the Planning Division with
the name and phone number of a contact person
who has authority to negotiate co -location
arrangements.- "Technical tower
specifications" shall include the following:
- Structural capacity characteristics of
the tower
- Output frequency and modulation
characteristics of all proposed users
Manufacturer, type, model number,
radiation diagram, and manufacturers
specifications of all proposed antennas
- Site elevation
and antenna
height range
(maximum and minimum
ground level)
heights
above
- A
list of proposed
accessory buildings
and
available
equipment space on-site
or
within
proposed
buildings
(b) Within fifteen days of receiving a timely
response from an interested potential co -
user, the applicant shall inform the
respondent and the Planning Division in
writing as to whether or not the co -use is
acceptable and under what conditions. If the
co -use is not acceptable, then the applicant
must provide the respondent and the Planning
Division written justification as to why the
co -use is not feasible.
The co -use notice, potential co -user
responses, and the applicant's responses,
shall be reported to the Planning and Zonin
Commission and to the Board of County
Commissioners to aid the county in
determining whether or not feasible co -
location opportunities are accommodated.
•
Lattice towers shall
be engineered
and
constructed to accommodate
a minimum
of three
• Monopole towers may be engineered and
constructed to accommodate a single user.
Camouflaged towers may be engineered and
constructed to accommodate a single user.
ORDINANCE NO. 97- 16
7;1:14. A condition of approval for any tower application
shall be that the tower shall be available, at
market rate costs, for other parties and
interests. This shall be acknowledged in a
written agreement between the applicant and the
county, on a form acceptable to the county, that
will run with the land. Said notice shall be
recorded in the Indian River County public
records, at the applicant's expense.
15. If the use of a non -camouflaged tower is abandoned
for more than twelve consecutive months, then the
tower shall be dismantled and removed from the
site.
(a) Prior to release of an approved tower site
plan, the property owner shall acknowledge in
writing, in a manner acceptable to the county
attorney's office, his or her
responsibilities as the property owner to
perform or contract to perform and pay all
costs associated with dismantling and
properly removing and disposing of an
abandoned tower.
16. Except where superseded by applicable state or
federal regulations, non -camouflaged towers shall
be painted or constructed in neutral colors (e.g.
non -contrasting gray or blue) to blend into the
surroundina environment.
Amend section 954.05(50), to read as follows.
1. Add to section 971.44(1)(e) the following:
1. Commercial communications towers over 70' tall may be
approved as a special exception use on a publicly owned
site in any zoning district, subject to satisfying
criteria 1-16 of subsection (g) below, and subject to
the following:
a. The site shall be 20 acres or larcrer in size, and
b. The proposed tower shall be set back from the
nearest boundary of developable private property a
distance equal to 3000 of the tower height.
2. Add to 971.44(1)(g) criteria the following:
17. Except for the exemptions cited below, non -camouflaged
towers over 150' tall shall be separated as follows.
ORDINANCE NO. 97- 1, h
a. Proposed lattice towers over 150' in height shall
be separated a distance of at least 5,000' from
existing or approved lattice towers over 150' in
height, and at least 1,5.00' from existing or
approved non -lattice towers (over 150' in heiqht)
b. Proposed non -lattice towers over 150' in height
shall be separated a distance of at least 1,500'
from existing and approved non -camouflaged towers
over 150' in height.
Exemptions.
Tower applications shall be exempt -from the separation
distance requirements specified above, as follows.
(1) Where the tower is proposed to be located more
than 2,500' from any public road and from any
existinq residence; or
(2) Where the applicant can demonstrate that applying
the separation distance criteria to his or her
application would result in a net increase in the
number of communications towers needed.
(3) Where the tower is proposed to be clustered with
another.tower(s) by being located no more than
200' from the tower(s) within the cluster.
PART 7. AMATEUR RADIO TOWERS SPECIFIC CRITERIA
Amend section 971.44 to establish subsection 971.44(4) for
regulation of amateur radio towers, as follows:
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ORDINANCE NO. 97-16
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of this ordinance
shall become
- - liqht from—s-hini
as necessary
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.
irroundi
properties,
Where liqhtinq
is
required
by a qovprriment
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other
.-
PART 8. REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida
which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
Nothing in this ordinance and nothing in the land
development regulations are intended to conflict with the
catastrophic hurricane mutual aid agreement or the comprehensive
emergency management plan approved by Indian River County. In
the event of a conflict between this ordinance and the mutual aid
agreement or the emergency management plan, the agreement and the
plan shall prevail.
PART 9. CODIFICATION
The provisions of this ordinance shall be incorporated into
the County Code and the word "Ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
PART 10. SEVERABILITY
If any section, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be
unconstitutional, inoperative or void, such holdings shall not
affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without
such unconstitutional, invalid or inoperative part.
PART 11. EFFECTIVE DATE
The
provisions
of this ordinance
shall become
effective upon
filing
with the
Department
of State.
ORDINANCE NO. 97-16
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 6 day of May
1997.
This ordinance was advertised in the Vero Beach Press -Journal on
the 6 day of April 1997, and on the 29— day of
April 1997, for public hearings to be held on the
15 day of April 1997, and on the _b day of
May , 1997 at which time at the final hearing it was
moved for adoption by Commissioner A(lame ,
seconded by Commissioner Ginn and adopted by
the following vote;
Chairman Carolyn K. Eggert A�,P
Vice Chairman Fran B. Adams A�,P
T
Commissioner John W. Tippin A�,e
Commissioner Caroline D. Ginn AVP
Commissioner Kenneth R. Macht n"A
z
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By Y
:Its
a
ATTEST BY*:
Br ' ;� airman
_- 4.
J' �w�,.
W u,�.
PP V 4err Nr i
it.. /: [a a
rf �y6i %'1t.
Acknowledgement by the Department of 'ofState ,P)thr.611S`tate of
Florida this 22nd day of Ma , 1997
fo
Effective Date: Filed with the Department of State on the
day of Mav 1997. R
At
6400% &OX T
William G. Collins II
Deputy County Attorney
APPROVED AS TO PLANNING MATTERS
1.41 1/ a 0 goe
Rober Keating,IC
Community Deve1opm4nt Yrector
UNC\sx O tower.ord