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Home My WebLink About2002-031ORDINANCE NO. 2002-031 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING EXISTING INTERIM REGULATIONS WHICH ESTABLISHED NEW REQUIREMENTS FOR WIRELESS TELECOMMUNICATIONS FACILITIES, AUTHORIZING THE PROCESSING OF APPLICATIONS FOR WIRELESS TELECOMMUNICATIONS FACILITIES IN A MANNER CONSISTENT WITH THE COUNTY'S WIRELESS FACILITY MASTER PLAN. AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 911, ZONING; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, 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. A portion of the Section 911.06(4) table for agricultural and rural districts is hereby amended to read as follows. P - Permitted use Coding: Words in stfikehr^u are deletions from existing law. Words underlined are additions. 1 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc District Uses Transportation and Utilities A-1 A-2 A-3 RFD RS -1 Airports and airstrips S S S S Communications towers (wireless A/S 2 A/S 2 A/S 2 A 2 A 2 facilities J Communications towers (Non -wireless facilities) -2 Amateur radio (accessory use) Less 80 than feet or 80 taller feet (see 971.44(4) for P P P P P special criteria) S S S S S Commercial Up to 70 feet: Camouflaged P P P P P 70 Non feet -camouflaged to 150 feet: P P P - - Camouflaged A A A A A Monopole (minimum of 2 users) A A A - - Not camouflaged and not monopole AIS* A/S* A/S* - Over 150 feet: All tower types (see 971.44(1) for Special criteria) - S S - - P - Permitted use Coding: Words in stfikehr^u are deletions from existing law. Words underlined are additions. 1 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO, 2002-031 A - Administrative permit use S - Special exception use * See 971.44(4) to determine whether the Administrative Permit or Special exception use process applies. 'The requirements of section 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers. 2For wireless commercial facilities regulations, see section 971.44(5)1 Section 4 use table. Coding: Words in st�th.oug h are deletions from existing law. Words underlined are additions. F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc B. A of the Section 911.07(4) table for single-family residential districts portion is hereby to as follows. amended read District Uses RS -2 RS -3 RS -6 RT -6 Utility Communications towers (wireless A l A l A l A l facilities Communications towers (Non - wireless facilities) } Amateur radio (accessory use) 80 Less feet than 80 or taller feet (see 971.44(4) P P P P for special criteria) S S S S Commercial Up to 70 feet: Camouflaged P P P P Non -camouflaged 70 feet to 150 feet: Camouflaged Monopole Users) (minimum of 2 A A A A Not monopole camouflaged and not - - Over 150 feet: All tower types 971.44(1) (see for special criteria) - - - - Coding: Words in st�th.oug h are deletions from existing law. Words underlined are additions. F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc P - Permitted use A - Administrative permit use S - Special Exception Use 'For wireless commercial facilities regulations, see section 971.44(5)1 Section 4 use table. P - Permitted use A - Administrative permit use Coding: Words in stfi*e throug# are deletions from existing law. Words underlined are additions. F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc C. A of the Section 911.08(4) table for multiple -family residential portion districts is hereby to follows: amended read as District Uses Utility RM -3 RM -4 RM -6 RM -8 RM -10 Communications towers (wireless — — — — — facilities Communications towers (Non - wireless facilities) } Amateur radio (accessory use) Less 80 than feet 80 or taller feet 971.44(4) p p p p p (see for special criteria) S S S S S Commercial Up to 70 feet: Camouflaged p p p p p Non -camouflaged - - - - - 70 feet to 150 feet: Camouflaged Monopole (minimum of 2 A A A A A users) Not monopole camouflaged and not - - - - - Over 150 feet: All tower types (see 971.44(1) for Special criteria) P - Permitted use A - Administrative permit use Coding: Words in stfi*e throug# are deletions from existing law. Words underlined are additions. F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc 13 ORDINANCE NO. 2002-031 S - Special exception use 'For wireless commercial facilities regulations, see section 971.44(5)1 Section 4 use table. D. A portion of the section 911.09(4) table for mobile home districts is hereby amended to read as follows: P - Permitted use A - Administrative permit use S - Special exception use 'For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. E. A portion of the Section 911.10(4) table for commercial districts is hereby amended to read as follows: Coding: Words in St ike thF ug are deletions from existing law. Words underlined are additions. 4 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc Districts Uses Utility RMH-6 RMH-8 Communications towers (wireless facilities) — — Communications towers (Non -wireless facilities) Amateur radio (accessory use) Less than 80 feet P P S 80 feet or taller (see 971.44(4) for special criteria) S Commercial Up to 70 feet: Camouflaged P P Non -camouflaged - - 70 feet to 150 feet: A A Camouflaged Monopole (minimum of 2 users) - Not camouflaged and not monopole - Over 150 feet: All tower types (see 971.44(1) for special criteria) - - P - Permitted use A - Administrative permit use S - Special exception use 'For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. E. A portion of the Section 911.10(4) table for commercial districts is hereby amended to read as follows: Coding: Words in St ike thF ug are deletions from existing law. Words underlined are additions. 4 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO, 2002-031 P = Permitted use A = Administrative permit use S = Special exception use No industrial use shall be permitted in the CH district unless public sewer service Distric Uses Communications towers is provided PRO 4 OCR 4 MED 4 CA 4 (wireless facilities) A — A A A Communications towers (Non -wireless facilities) 4 Amateur use) radio (accessory Less 80 feet than or 80 taller feet (see P P P P 971.44(4) for special S S S S criteria) Commercial Up to 70 feet: Camouflaged P P P P 70 Non feet -camouflaged to 150 feet: P P P p Camouflaged Monopole of 2 users) (minimum A A A A A A A A Over Not not camouflaged monopole 150 feet: and S S S S All tower types (see 971.44(1) for special - criteria) P = Permitted use A = Administrative permit use S = Special exception use No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property. The requirements of section 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. Coding: Words in strike t ou are deletions from existing law. Words underlined are additions. F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc Standards for unpaved vehicle storage lots are found in section 954.08(6). Coding: Words in strike t ou are deletions from existing law. Words underlined are additions. F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. F. A portion of the Section 911.11(4) table for industrial districts is hereby amended to read as follows. District Use IL IG Communications towers (wireless facilities) A 2 A 2 Communications towers (Non -wireless facilities) Amateur radio (accessory use) Less than 80 feet P P 80 feet or taller (see 971.44(4) for special criteria) S S Commercial Up to 70 feet: Camouflaged P P Non -camouflaged P P 70 feet to 150 feet: Camouflaged A A Monopole (minimum of 2 users) A A Not camouflaged and not monopole A/S* A/S* Over 150 feet: All tower types (see 971.44(1) for special criteria) S S P= Permitted use A= Administrative permit use S= Special exception use 'The requirements of section 917.06(11) of the accessory uses and structures chapter, shall apply to towers less than seventy (70) feet. 2For wireless commercial facilities regulations, see section 971.44(5). Section 4 use table. * Administrative Permit Special See 971.44(4) to determine whether the or exception use process applies. G. A portion of the Section 911.12(4) table for conservation districts is hereby amended to read as follows. Coding: Words in s.."�" reug; are deletions from existing law. Words underlined are additions. F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 District Use Con -1 Con -2 Con -3 Utility Communications towers (wireless facilities) S 2 S 2 S 2 Communications towers (Non -wireless facilities) Amateur radio (accessory use) Less than 80 feet P P P 80 feet or taller (see 971.44(4) for special criteria) S S S Commercial Up to 70 feet: Camouflaged P P P Non -camouflaged - - - 70 feet to 150 feet: Camouflaged A A A Monopole (minimum of 2 users) A A A Not camouflaged and not monopole A/S* - Over 150 feet: All tower types (see 971.44(1) for special criteria) S - - P= Permitted A= Administrative permit use S= Special exception ]All planned developments shall be reviewed and approved pursuant to the requirements of Chapter 915, Planned Development. 2For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. * See 971.44(4) to determine whether the Administrative Permit or Special exception use process applies. H. A portion of the Section 911.13(2) table for special districts is hereby amended to read as follows: Coding: Words in ,.._.'�.w,.0 are deletions from existing law. Words underlined are additions. F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doe ORDINANCE NO. P= Permitted A= Administrative permit S= Special exception 'The requirements of section 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers. 2For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. I. A portion of the Section 911.13(3) table for special districts is hereby amended to read as follows, Coding: Words in st6ke through are deletions from existing law. Words underlined are additions. F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc Communications towers (wireless facilities) A 2 Communications towers (Non -wireless facilities) Amateur radio (accessory use) Less than 80 feet P 80 feet or taller (see 971.44(4) for special criteria) S Commercial Up to 70 feet: Camouflaged P 70 Non feet -camouflaged to 150 feet: _ Camouflaged Monopole (minimum of 2 users) A Over Not camouflaged 150 feet: and not monopole _ All tower types (see 971.44(1) for special criteria) P= Permitted A= Administrative permit S= Special exception 'The requirements of section 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers. 2For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. I. A portion of the Section 911.13(3) table for special districts is hereby amended to read as follows, Coding: Words in st6ke through are deletions from existing law. Words underlined are additions. F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 P= Permitted A= Administrative permit S= Special exception 'For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. J. A portion of the Section 911.13(4) table for special districts is hereby amended to read as follows. Coding: Words in strike through are deletions from existing law. Words underlined are additions. 9 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc District Uses Utility Uses ROSE -4 Public and private utilities (limited) A Communications towers (wireless facilities) A 1 Communications towers (Non -wireless facilities)} Amateur radio (accessory use) Less than 80 feet P 80 feet or taller (see 971.44(4) for special criteria) S Commercial Up to 70 feet: Camouflaged P 70 Non feet -camouflaged to 150 feet: - A Camouflaged Monopole (minimum of 2 users) Over Not camouflaged 150 feet: and not monopole - All tower types (see 971.44(1) for special criteria) P= Permitted A= Administrative permit S= Special exception 'For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. J. A portion of the Section 911.13(4) table for special districts is hereby amended to read as follows. Coding: Words in strike through are deletions from existing law. Words underlined are additions. 9 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc District Uses AIR -1 Transportation and Utility Uses Airstrips p Public and private utilities, limited S Communications towers (wireless facilities) A 2 Communications towers (Non -wireless facilities) -2 Amateur radio (accessory use) Less than 80 feet P 80 feet or taller (see 971.44(4) for special criteria) S Commercial Up to 70 feet: Camouflaged - Non -camouflaged _ 70 feet to 150 feet: Camouflaged - Monopole (minimum of 2 users) Not camouflaged and not monopole Over 150 feet: All tower types (see 971.44(1) for _ special criteria) P= Permitted A= Administrative permit S= Special exception 'The requirements of section 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers. 'For wireless commercial facilities regulations, see section 971.44(5). Section 4 use table. K. The introduction portion of Section 971.44(1) is hereby amended to read as follows: Coding: Words in sbike t -aug are deletions from existing law. Words underlined are additions. 10 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc (1) Non -wireless commercial communications towers seventy(l0)feet or more in height (administrative and exception). NOTE: Wireless facilities permit special 971.44(5) are regulated under section Coding: Words in sbike t -aug are deletions from existing law. Words underlined are additions. 10 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO, 2002-031 L. LDR subsection 971.44(5) is hereby created, to read as follows: "(5) Wireless commercial communications facilities (staff -level approval, administrative permit, and special exception) Sec. 1 Purpose and Intent and Siting Alternatives Hierarchy. The purpose and intent of these regulations are to: (a) Promote the health, safety and general welfare of the public by regulating the siting of wireless communication facilities, including satellite earth stations; and (b) Minimize the impacts of wireless communication facilities on surrounding areas by establishing standards for location, structural integrity and compatibility; and (c) Encourage the location and collocation of wireless communication equipment on existing structures thereby minimizing new visual, aesthetic and public safety impacts, effects upon the natural environment and wildlife, and to reduce the need for additional antenna -supporting structures; and (d) Accommodate the growing need and demand for wireless communication services; and (e) Encourage coordination between suppliers of wireless communication services in Indian River County; and (f) 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 (g) Establish predictable and balanced regulations governing the construction and location of wireless communications facilities, within the confines of permissible local regulation, and (h) {h -Establish a Wireless Communications Facility shall review procedures be in accordance with the to ensure that applications for located areas wireless hierarchy: communications facilities siting alternatives are reviewed and acted upon within a reasonable period of time. (i) Encourage the construction of new wireless communications facilities in Plan. accordance with the Indian River County Wireless Facilities Master Siting of a Wireless Communications Facility shall in identified in be in accordance with the following 1. Facilities to be located areas hierarchy: the siting alternatives Coding: Words in shike thfoug : are deletions from existing law. Words underlined are additions. 11 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doe in identified in Wireless Facility Master Plan 1. Facilities to be located areas the Coding: Words in shike thfoug : are deletions from existing law. Words underlined are additions. 11 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doe M ORDINANCE NO, 2002-,031 a. Collocation on Existing Antenna Supporting Structure; b. Attached Wireless Communications Facility; c. Replacement of Existing Antenna Support Structure; e. New Antenna Support Structure; f. The order of ranking, from highest to lowest, shall be a, b, c, d and e. Where a lower ranked alternative is proposed, the applicant must file an affidavit demonstrating that despite diligent efforts to adhere to the established hierarchy w ithin the Geographic Search Area, as determined by a qualified radio frequency engineer, higher ranked options are not feasible.L' Notwithstanding the foregoing, any Facility to be located on County owned property identified in. the Wireless Facility Master Plan shall be a Stealth Wireless Communications Facility. located in identified in Wireless Facility Master d. Stealth Wireless Communications 2. Facilities Facility areas not e. New Antenna Support Structure; f. The order of ranking, from highest to lowest, shall be a, b, c, d and e. Where a lower ranked alternative is proposed, the applicant must file an affidavit demonstrating that despite diligent efforts to adhere to the established hierarchy w ithin the Geographic Search Area, as determined by a qualified radio frequency engineer, higher ranked options are not feasible.L' Notwithstanding the foregoing, any Facility to be located on County owned property identified in. the Wireless Facility Master Plan shall be a Stealth Wireless Communications Facility. c. Replacement of Existing Antenna Support Structure; located in identified in Wireless Facility Master Plan 2. Facilities not areas not f. the on of c. Replacement of Existing Antenna Support Structure; d. Stealth b. Attached Collocation Facility Existing Antenna Supporting Structure; f. a. on of c. Replacement of Existing Antenna Support Structure; d. Stealth b. Attached Facility Wireless Communications f. The order Facility; of ranking from c. Replacement of Existing Antenna Support Structure; e. New Antenna Support Structure; d. Stealth Wireless Communications Facility e. New Antenna Support Structure; Sec. 2 Definitions. For the purposes of this division, the terms and phrases listed below shall have the following meanings: (A-1) Ancillary Structures means forms of development associated with a wireless communications facility, including but not limited to: foundations, concrete Coding: Words in strike throcc'ti ^ugn are deletions from existing law. Words underlined are additions. 12 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc f. The order of ranking from highest to lowest, shall be a, b, c, d_ and e. Where a lower ranked alternative is proposed, the applicant must file an affidavit demonstrating that despite diligent efforts to adhere to the established hierarchy w ithin the Geographic Search Area, as determined by a qualified radio frequency engineer, higher ranked options are not feasible. Sec. 2 Definitions. For the purposes of this division, the terms and phrases listed below shall have the following meanings: (A-1) Ancillary Structures means forms of development associated with a wireless communications facility, including but not limited to: foundations, concrete Coding: Words in strike throcc'ti ^ugn are deletions from existing law. Words underlined are additions. 12 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ifl ORDINANCE NO. 2002-031 slabs on grade, guy wire anchors, generators, and transmission cable supports; however, specifically excluding equipment enclosures. (A-2) Anti -Climbing Device means a piece or pieces of equipment which are either attached to antenna -supporting structure, or which are free-standing and are designed to prevent people from climbing the structure. These devices may include but are not limited to fine mesh wrap around structure legs, "squirrel -cones", the removal of climbing pegs on monopole structures, or other approved devices, but excluding the use of barbed wire. (A-3) Antenna means any apparatus designed for the transmitting and/or receiving of electromagnetic waves that includes but is not limited to telephonic, radio or television communications. Types of antennas include, but are not limited to: omni -directional (whip) antennas, sectonzed (panel) antennas, multi or single bay (FM & TV), yagi, 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 principal use on a site. (B-1) Breakpoint Technology means the engineering design of a monopole wherein a specified point on the monopole is designed to have stresses at least 5% greater than any other point along the monopole, including the anchor bolts and baseplate, so that in the event of a weather induced failure of the monopole, the failure will occur at the breakpoint rather than at the baseplate or any other point on the monopole. Coding: Words in ^aike th'' -^ugli are deletions from existing law. Words underlined are additions. 13 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc (C-1) Colocation 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 colocation shall not be applied to a situation where two or more wireless Coding: Words in ^aike th'' -^ugli are deletions from existing law. Words underlined are additions. 13 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc communications service providers independently place equipment on an (F-2) FCC means the Federal Communications Commission. existing building. (G-2) Glide Path means a ratio (C-2) Conical Zone means an area that extends outward from the outer edge of the Horizontal Zone with a radius distance equivalent to five thousand two hundred eighty (5,280) feet. (D-1) Development Area means the area occupied by a wireless communications facility including areas inside or under the following: an antenna - supporting structure's framework, equipment enclosures, ancillary structures, and access ways. (E-1) Equipment Enclosure means any structure above the base flood elevation including: cabinets, shelters (pre -fabricated or otherwise), pedestals, and other similar structures. Equipment enclosures are used exclusively to contain radio or other equipment necessary for the transmission or reception of wireless communication signals and not for the storage of equipment nor as habitable space. (G-1) Guyed means a style of antenna -supporting structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of guy wires that are connected to anchors placed in the ground or on a building. (F-1) FAA means the Federal Aviation Administration. (F-2) FCC means the Federal Communications Commission. (G-1) Guyed means a style of antenna -supporting structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of guy wires that are connected to anchors placed in the ground or on a building. (F-2) FCC means the Federal Communications Commission. (G-1) Guyed means a style of antenna -supporting structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of guy wires that are connected to anchors placed in the ground or on a building. (G-3) Geographic Search Area means an area designated by a wireless provider or operator for a new base station facility, produced in accordance with generally accepted principles of wireless engineering. (H-1) Horizontal Zone means an area longitudinally centered on the perimeter of a private airport's runway that extends outward from the edge of the primary surface a distance equivalent to five thousand two hundred and eighty (5,280) feet. (L-1) 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. Coding: Words in strike throug are deletions from existing law. Words underlined are additions. 14 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc (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 (G-3) Geographic Search Area means an area designated by a wireless provider or operator for a new base station facility, produced in accordance with generally accepted principles of wireless engineering. (H-1) Horizontal Zone means an area longitudinally centered on the perimeter of a private airport's runway that extends outward from the edge of the primary surface a distance equivalent to five thousand two hundred and eighty (5,280) feet. (L-1) 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. Coding: Words in strike throug are deletions from existing law. Words underlined are additions. 14 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 (M-1) Monopole means a style of free-standing antenna -supporting structure that is composed of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of antenna - supporting structure is designed to support itself without the use of guy wires or other stabilization devices. These structures are mounted to a foundation that rests on or in the ground or on a building's roof. (P-1) Personal Wireless Service means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996. (P-2) Primary Surface means the area extending a distance of fifty (50) feet to both sides of the centerline of a private airport's runway, and running the distance of the runway. (P-3) Public Antenna -Supporting Structure means an antenna -supporting structure, appurtenances, equipment enclosures, and all associated ancillary structures used by a public body or public utility for the purposes of transmission and/or reception of wireless communication signals associated with but not limited to: public education, parks and recreation, fire and police protection, public works, and general government. (R-1) Radio Frequency Emissions means any electromagnetic radiation or other communications signal emitted from an antenna or antenna -related equipment on the ground, antenna -supporting structure, building, or other vertical projection. (R-2) Replacement means the construction of a new antenna -supporting structure built to replace an existing antenna -supporting structure. (L-2) Least Visually Obtrusive means a proposed facility that is designed to present a visual profile that is the minimum profile necessary for the facility to .properly function. (M-1) Monopole means a style of free-standing antenna -supporting structure that is composed of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of antenna - supporting structure is designed to support itself without the use of guy wires or other stabilization devices. These structures are mounted to a foundation that rests on or in the ground or on a building's roof. (P-1) Personal Wireless Service means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996. (P-2) Primary Surface means the area extending a distance of fifty (50) feet to both sides of the centerline of a private airport's runway, and running the distance of the runway. (P-3) Public Antenna -Supporting Structure means an antenna -supporting structure, appurtenances, equipment enclosures, and all associated ancillary structures used by a public body or public utility for the purposes of transmission and/or reception of wireless communication signals associated with but not limited to: public education, parks and recreation, fire and police protection, public works, and general government. (R-1) Radio Frequency Emissions means any electromagnetic radiation or other communications signal emitted from an antenna or antenna -related equipment on the ground, antenna -supporting structure, building, or other vertical projection. (S-1) Satellite Earth Station means a single or group of satellite parabolic (or dish) antennas. These dishes are mounted to a supporting device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may include the associated separate equipment enclosures necessary for the transmission or reception of wireless communications signals with satellites. (S-2) State of the Art as used herein shall mean existing technology where the level of facilities technical performance, capacity, equipment, components and service are equal to that developed and demonstrated to be more technologically advanced thaneg nerally available for comparable service in the State of Florida. (and type accepted by the FCC) (for example a combining system of antennas wherein different providers utilize the same set of antenna elements to transmit separate signals Coding: Words in ^'6ke ate" mugh are deletions from existing law. Words underlined are additions. 15 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc (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 that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may include the associated separate equipment enclosures necessary for the transmission or reception of wireless communications signals with satellites. (S-2) State of the Art as used herein shall mean existing technology where the level of facilities technical performance, capacity, equipment, components and service are equal to that developed and demonstrated to be more technologically advanced thaneg nerally available for comparable service in the State of Florida. (and type accepted by the FCC) (for example a combining system of antennas wherein different providers utilize the same set of antenna elements to transmit separate signals Coding: Words in ^'6ke ate" mugh are deletions from existing law. Words underlined are additions. 15 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 shall also mean a facility Sec.3 which presents the least visually means obtrusive profile Master given the proposed referred location, in topoiraphy, adjacent structures and size of the Indian River County proposed facility. and which serves as a tool for analog S-3 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 blend into its surroundings and be aesthetically compatible with existing and proposed uses on a site and the surrounding area. A stealth facility may have a secondary function. Examples of stealth facilities include, but are not limited to the following: church steeple, bell tower, spire, clock tower, cupola, light standard, flagpole with a flag, or. tree. �W--1) Wireless Communications means any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), and paging. (W-2) Wireless Communication Facility (WCF) means any staffed o r unstaffed commercial 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 e nclosures, a nd in ay i nclude a n antenna -supporting s tructure. The following developments shall be considered as a Wireless Communication Facility: developments containing new or existing antenna -supporting structures, public antenna -supporting structures, replacement antenna -supporting structures, collocations on existing antenna -supporting structures, attached wireless communications facilities, stealth wireless communication facilities, and satellite earth stations. (a) Except as provided for in subsection (b) below, this section 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 Coding: Words in strike t rou are deletions from existing law. Words underlined are additions. 16 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc Sec.3 Applicability. (W--3) Wireless Facilities Master Plan means the Master Plan referred to in Section 8 herein below which has been adopted by Indian River County and which serves as a tool for analog the siting of new Wireless Communications Facilities in Indian River County, (a) Except as provided for in subsection (b) below, this section 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 Coding: Words in strike t rou are deletions from existing law. Words underlined are additions. 16 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc Sec.3 Applicability. (a) Except as provided for in subsection (b) below, this section 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 Coding: Words in strike t rou are deletions from existing law. Words underlined are additions. 16 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 (3) Public antenna -supporting structures; and (4) Replacement of existing antenna -supporting structures; and (5) Colocation on existing antenna -supporting structures; and (6) Attached wireless communications facilities; land (7) Stealth wireless communications facilities; and (b) The following items are exempt from the provisions of this section [971.44(5)], notwithstanding any other provisions contained in land use regulations of Indian River County: (2) Satellite earth stations that are two (2) meters or less in diameter and which are not greater than thirty-five (35) feet above grade; and (3) Regular maintenance of any existing wireless communications facility that does not include the placement of a new wireless communications facility; and ' (4) The substitution or change of existing antennas or antenna panels or other equipment on an existing antenna -supporting structure provided the substituted antennas or equipment meet building code requirements (including windloading) and provided such change does not increase the overall height of the structure; and (5) Any existing or proposed antenna -supporting structure, antenna or antenna arrays with an overall height of thirty-five (35) feet or less above ground level in non-commercial or non -industrial zoning districts or seventy (70) feet or less above ground level in commercial or industrial zoning districts; and (6) A government-owned wireless communications facility, upon the declaration of a state of emergency by 1 federal, state, or local government, and a written determination of public necessity 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. (7) Antenna supporting structures, antennas and/or antenna arrays for non -wireless communications facilities such as AM/FM/TV/DTV Broadcasting transmission facilities which are licensed by the Federal Communications Commissions and regulated in Coding: Words in s#ike through are deletions from existing law. Words underlined are additions. 17 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc (1) Amateur radio antenna supporting structures and antennas as provided in Florida Statutes 125.561 . (2) Satellite earth stations that are two (2) meters or less in diameter and which are not greater than thirty-five (35) feet above grade; and (3) Regular maintenance of any existing wireless communications facility that does not include the placement of a new wireless communications facility; and ' (4) The substitution or change of existing antennas or antenna panels or other equipment on an existing antenna -supporting structure provided the substituted antennas or equipment meet building code requirements (including windloading) and provided such change does not increase the overall height of the structure; and (5) Any existing or proposed antenna -supporting structure, antenna or antenna arrays with an overall height of thirty-five (35) feet or less above ground level in non-commercial or non -industrial zoning districts or seventy (70) feet or less above ground level in commercial or industrial zoning districts; and (6) A government-owned wireless communications facility, upon the declaration of a state of emergency by 1 federal, state, or local government, and a written determination of public necessity 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. (7) Antenna supporting structures, antennas and/or antenna arrays for non -wireless communications facilities such as AM/FM/TV/DTV Broadcasting transmission facilities which are licensed by the Federal Communications Commissions and regulated in Coding: Words in s#ike through are deletions from existing law. Words underlined are additions. 17 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 accordance with LDR Section 971.44(1) and Section 917.06 of the Land Development Regulations. Coding: Words in strike thMugh are deletions from existing law. Words underlined are additions. 18 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 (a) Except as provided in subsection (b) below, no wireless communications facility shall be allowed in a particular zoning district except in accordance with the table below. Replacement of Land Use Existing Antenna New Non -stealth District Colocation Attached Facility Support Structure Stealth Facility_ -Facility -1 * Staff Approval Staff Approval Staff Approval Adm. Permit Special Exception -2 Staff Approval Staff Approval Staff Approval Adm. Permit Special Exce tion -3 Staff Approval Staff Sec. 4 Uses by Land Use District. Adm. (a) Except as provided in subsection (b) below, no wireless communications facility shall be allowed in a particular zoning district except in accordance with the table below. Replacement of Land Use Existing Antenna New Non -stealth District Colocation Attached Facility Support Structure Stealth Facility_ -Facility -1 * Staff Approval Staff Approval Staff Approval Adm. Permit Special Exception -2 Staff Approval Staff Approval Staff Approval Adm. Permit Special Exce tion -3 Staff Approval Staff Approval Staff Approval Adm. Permit Special Exception D Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited S-1 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited S-2 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited S-3 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited S-6 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited T-6 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited -3 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited -4 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited -6 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited -8 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited -10 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited H-6 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited H-8 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited PRO Staff Approval Staff Approval Staff Approval - Adm. Permit Adm. Permit OCR Staff Approval Staff Approval Staff Approval Adm. Permit Adm. Permit ED Staff Approval Staff Approval Staff Approval Adm. Permit Adm. Permit CN Staff Approval Staff Approval Staff Approval Adm. Permit Adm. Permit CL Staff Approval Staff Approval Staff Approval Adm. Permit Adm. Permit CG Staff Approval Staff Approval Staff Approval Adm. Permit Adm, Permit CH Staff Approval Staff Approval Staff Approval Adm. Permit Adm, Permit L Staff Approval Staff Approval Staff Approval Adm. Permit Adm. Permit G Staff Approval Staff Approval Staff Approval Adm. Permit Adm. Permit Con4 Staff Approval Staff Approval Staff Approval Special Exception Prohibited Con -2 Staff Approval Staff Approval Staff Approval Special Exception Prohibited Con -3 Staff Approval Staff Approval Staff Approval Special Exception Prohibited CRVP Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited -BCID Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited Rose -4 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited R-1 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited PD Staff Approval Staff Approval Staff Approval I Adm. Permit Prohibited *Note: A-1 zoned propeM zoned propeny within the lying between S.R. 60 Urban Service Area A-1 and C.R. 510 and East of zoned property 7401 Avenue shall lying South of S.R. 60 be treated the same and East of 66 as RFD zoned Avenue and A-1 propettYfor the u oses f this Section. Coding: Words in stere through are deletions from existing law. Words underlined are additions. 19 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 (b) (b):Within all districts that the above table shows as "Prohibited" , new antenna -supporting structures not limited in height as otherwise provided herein, may be permitted as a special exception use, provided that the antenna - supporting structure is owned by Indian River County and is used primarily for county public safety communications, in accordance with the adopted wWireless Facility MmasterpPPlan (see section 8, below). Such public safety communications facilities are not subject to the 150 foot height limitation as set forth in these regulations. Sec. 5. Development Standards. These standards shall apply to the following types of Wireless Communications Facilities: (a) New Non -stealth Antenna Supporting Structures. (1) Approval criteria for new antenna -supporting structures: a. Setbacks. 1. 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, except that where the minimum setback distance for an antenna supporting structure from any property line is less than the height of the proposed antenna -supporting structure, the minimum setback distance shall be increased to equal the height of the proposed antenna supporting structure., unless the antenna -supporting structure has been constructed using "breakpoint" design technology, in which case the minimum setback distance shall be equal to 110% of the distance from the top of the structure to the "breakpoint" level of the structure. For example, on a 150 foot tall monopole with a "breakpoint" at 100 feet, the minimum setback distance would be 55 feet (110% of 50 feet, the distance from the top of the monopole to the "breakpoint". However, in all instances, the minimum setback distance from any occupied residence shall be at least 300% of the height of the entire proposed structure. Certification by a Florida professional engineer of the "breakpoint"design and the design's fall radius must be provided together with the other information required herein from an applicant. Coding: Words in shike ani" ^ugh are deletions from existing law. Words underlined are additions. 20 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 b. Height. The overall height of any antenna -supporting structure, antenna and/or antenna array, excluding those related to amateur radio, shall not be greater than one -hundred and fifty (150) feet. Height for all purposes in this Section shall mean the linear distance from the ground to the highest physical point on the Wireless Communications Facility, except for one vertical structure less than 4 inches in diameter which extend no more than ten (10) feet above the antenna support structure, antenna, and antenna a rray a nd matches the color of the antenna and support structure. 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 as provided in Section 5(b)(1) d. 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 applicable building code requirements; and 2. The new antenna -supporting structure shall be designed to accommodate the maximum amount of wireless communications equipment, including that of other wireless communication service providers. The exact amount of potential additional equipment to be accommodated shall be agreed upon during a prem application conference and recorded in the Letter of Understanding resulting from the conference. In all cases, the minimum number of collocated facilities on a new antenna -supporting structure between 80 and 119 feet tall shall be two (2), and for a structure between 120 and 150 feet tall shall be three (3). Coding: Words in strike throcr'ti ^ugn are deletions from existing law. Words underlined are additions. 21 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 e. Lighting. New antenna -supporting structures shall be illuminated in accordance with FAA requirements to provide aircraft obstruction lighting, where required. Any such illumination shall be by red lighting unless otherwise directed by the FAA. Louvers or shields may be required by the county to keep lighting from shining down on surrounding properties. No antenna -supporting structure shall be permitted unless the applicant demonstrates that no existing wireless communications facility can accommodate the applicant's proposed facility; or that use of such existing facilities would prohibit personal wireless services in the area of the County to be served by the proposed antenna -supporting structure. 2. Evidence submitted to demonstrate that no existing wireless communications facility could accommodate the applicant's proposed facility may consist of any of the following: (i) No existing wireless communications facilities are located within the search radius, used by the applicant in accordance with generally accepted en ineering principles for either capacity or coverage objectives, that 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 f. Colocation Feasibility. that there No antenna -supporting structure shall be permitted unless the applicant demonstrates that no existing wireless communications facility can accommodate the applicant's proposed facility; or that use of such existing facilities would prohibit personal wireless services in the area of the County to be served by the proposed antenna -supporting structure. 2. Evidence submitted to demonstrate that no existing wireless communications facility could accommodate the applicant's proposed facility may consist of any of the following: (i) No existing wireless communications facilities are located within the search radius, used by the applicant in accordance with generally accepted en ineering principles for either capacity or coverage objectives, that 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. Coding: Words in strike throice are deletions from existing law. Words underlined are additions. 22 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 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 development 1. The following shall standards considered for area and such be required emissions. to meet the setbacks and open space ratio requirements for the I. Intensity Requirements, (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; plus (iv) The area inside the antenna -supporting structure framework. j. Security. Suitable protective anti -climb fencing with a minimum height of eight (8) feet, and/or anti -climbing devices shall be required to preserve security on wireless communication facilities and structures. k. Landscaping. An average of one canopy tree ( minimum height of twelve (12) feet with six-foot spread at time of planting) and two (2) understory trees (minimum height of eight (8) feet at time of planting) s hall b e p rovided f or e very t hirty ( 30) f eet o f t he tower base/accessory structures' opaque fenced perimeter. Credit shall be g iven for existing trees located b etween the Coding: Words in StFil 0 thFoug# are deletions from existing law. Words underlined are additions. 23 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc development 1. The following shall be considered as area and shall be required to meet the setbacks and open space ratio requirements for the land use district and/or habitat they located: where are (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; plus (iv) The area inside the antenna -supporting structure framework. j. Security. Suitable protective anti -climb fencing with a minimum height of eight (8) feet, and/or anti -climbing devices shall be required to preserve security on wireless communication facilities and structures. k. Landscaping. An average of one canopy tree ( minimum height of twelve (12) feet with six-foot spread at time of planting) and two (2) understory trees (minimum height of eight (8) feet at time of planting) s hall b e p rovided f or e very t hirty ( 30) f eet o f t he tower base/accessory structures' opaque fenced perimeter. Credit shall be g iven for existing trees located b etween the Coding: Words in StFil 0 thFoug# are deletions from existing law. Words underlined are additions. 23 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 tower base perimeter and adjacent areas that are being buffered. The required trees shall be planted in a pattern to maximize s creening o f t he b ase a rea o f t he t ower from t he view of adjacent road rights -of --way and adjacent residentially designated or residentially used properties. Trees credited or planted to meet this screening requirement shall be located on property under the control of the applicant to ensure that the screening trees are preserved and maintained. Shrubs and understory trees used to make the fencing opaque shall be planted on the outside fence perimeter. Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative siting on the parent tract of the proposed facility may be considered and approved by the P lanning Director, provided the proposed alternative maximizes screening as provided above. 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, (such as ASR registration number) 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). 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: four (4) inches) the following: "HIGH VOLTAGE - DANGER." in. Aircraft Obstruction. In addition to the provisions of Section 5(a)(1)(b) above, the overall height of a new antenna -supporting structure located in the vicinity of a private airport shall be limited by the following: (i) A 35:1 glide path ratio in the Horizontal Zone limiting the heights of new antenna -supporting structures, antennas and/or antenna arrays to one Coding: Words in st ke thfoug ; are deletions from existing law. Words underlined are additions. 24 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc I ORDINANCE NO. 2002-031 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. (iii) This subsection shall NOT apply to any structure proposed to be located within the Airport Overlay Zone as set forth in Section 911.17 of this Code, which provisions shall supercede those of this subsection (m) n. Adverse Effects on Adjacent Properties 1. New antenna -supporting structures shall be configured and located in a manner that shall minimize adverse effects including visual impacts on adjacent properties. 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 than the facility, configuration, and location proposed. 2. The following attributes shall be considered from vantage points at adjacent properties, roadways and occupied structures: (i) Height and location; and (ii) Mass and scale; and (iii) Materials and color; and (iv) Illumination; and (v) Existing and proposed vegetation and An applicant intervening structures. shall demonstrate Coding: Words in stfike through are deletions from existing law. Words underlined are additions. 25 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc An applicant shall demonstrate through the photo - simulation requirements under Subsection (2)(j) hereinbelow that Coding: Words in stfike through are deletions from existing law. Words underlined are additions. 25 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 the project design employs each of these attributes in a manner that minimizes adverse effects to the greatest extent feasible to achieve the wireless service capabilities demonstrated to be necessary under subsection 5(a)(1)n. (2) Submittal requirements for new non -stealth antenna supporting structure applications: a. A completed application form and any appropriate fees; and b. Three (3) sets of signed and sealed site plans; and c. A property card for the subject property from the Indian River County Property Appraiser's Office or a tax bill showing the ownership of the subject parcel; and d. A form indicating that a property and/or antenna -supporting structure's owner's agent has authorization to act upon their behalf (if applicable); and e. A signed statement from the antenna -supporting structure's owner or owner's agent stating that the radio frequency emissions comply with FCC standards for such emissions; and f. Proof of an FCC license to transmit and/or receive radio signals in Indian River County; and g. Prior to issuance of a building permit, 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 i. Three (3) copies of a vegetation survey or Habitat Evaluation Index (HEI); and j. Photo -simulated p ost c onstruction r enderings o f t he p roposed antenna -supporting structure, equipment enclosures, and ancillary structures as they would look after construction from locations to be determined during the pre -application conference ( but shall, at a minimum include renderings from Coding: Words in stfilce thr'" ug are deletions from existing law. Words underlined are additions. 26 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 the vantage point of any adjacent roadways and occupied commercial or residential structures), as well as photo - simulations of the antenna supporting structure after it has been fully developed with antenna structures (applicant may assume for the purpose of the simulation that other antenna structures on the facility will resemble their proposed structure in size and design); and k. Prior to issuance of a building permit, 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 colocation of other wireless equipment on the proposed antenna -supporting structure; and in. If required b y t he U nited S tates F ish a nd W ildlife S ervice, a letter indicating that the proposed antenna -supporting structure and appurtenances are in compliance with all applicable federal rules and regulations; and n. All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this chapter and, including for non -stealth facilities over 70 feet in height, where applicable: 1. existing wireless communications facilities to which the proposed facility will be a handoff candidate, including latitude, longitude, and power levels of each; 2. a radio frequency plot indicating the coverage of existing wireless communications sites, and that of the proposed site sufficient to demonstrate radio frequency search area, coverage prediction, and design radius, together with a certification from the applicant's radiofrequency engineer that the proposed facility's coverage or capacity potential cannot be achieved by any higher ranked alternative such as collocation, attached facility, replacement facility or stealth facility, and that the proposed facility's height is the minimum necessary to reasonably meet coverage and/or capacity needs; and Coding: Words in st4ik� rug are deletions from existing law. Words underlined are additions. 27 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 3. prior to issuance of a building permit, a statement by a qualified professional engineer specifying the design structural failure modes of the proposed facility; and ... ._ ..------------ ------ ------rr------ ----- --------------- alternative 1 ocations, c onfigurations, a nd f acility t ypes have been examined; and addresses in narrative form the feasibility of any alternatives that may have fewer adverse effects on adjacent properties than the facility, configuration, and location proposed including but not limited to: (i) Height; and (ii) Mass and.scale; and (iii) Materials and color; and (iv) Illumination; and (v) Information addressing the following items (a) the extent of any commercial development within the Geographic Search Area of the proposed facility; (b) the proximity of the structure to any residential dwellings; (c) the proximity of the structure to any public buildings or facilities; (d) the existence of tall and like structures within the Geographic Search Area of the proposed structure; levels facility is 4. antenna Least heights and power of the proposed that the proposed facility and all other facilities on the subject property. Obtrusive, ... ._ ..------------ ------ ------rr------ ----- --------------- alternative 1 ocations, c onfigurations, a nd f acility t ypes have been examined; and addresses in narrative form the feasibility of any alternatives that may have fewer adverse effects on adjacent properties than the facility, configuration, and location proposed including but not limited to: (i) Height; and (ii) Mass and.scale; and (iii) Materials and color; and (iv) Illumination; and (v) Information addressing the following items (a) the extent of any commercial development within the Geographic Search Area of the proposed facility; (b) the proximity of the structure to any residential dwellings; (c) the proximity of the structure to any public buildings or facilities; (d) the existence of tall and like structures within the Geographic Search Area of the proposed structure; (3) A pre -application conference is required for any new antenna - supporting structure. Coding: Words in st fike t - ugR are deletions from existing law. Words underlined are additions. 2g F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc facility is Least o* a statement that the proposed the Visually Obtrusive, as defined herein, and that the proposed facility conforms with State of the Art, as defined herein or alternatively, that State of the Art facility. technology is unsuitable for the proposed Costs of State of the Art technology that exceed customary facility development costs shall not be presumed to render the technology unsuitable. (3) A pre -application conference is required for any new antenna - supporting structure. Coding: Words in st fike t - ugR are deletions from existing law. Words underlined are additions. 2g F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 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 Indian River County as indicated on the list of wireless service providers and interested parties provided by the Indian River County Planning Department: "Pursuant to the requirements of the Indian River County Land Development Regulations, (name of provider) is hereby providing you with notice of our intent to meet with the Indian River 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 twenty (20) business days after the date of this letter. Your cooperation is sincerely appreciated. Sincerely, (pre -application applicant, wireless provider) " Included with the notice shall be the latitude and longitude (NAD 83) of the proposed structure. Within twenty (20) days of receiving a timely response from an interested potential co -applicant, the applicant shall inform the respondent and the planning division in writing as to whether or not the potential co -location is acceptable and under what conditions. If the co -location is not acceptable, then the applicant must provide the respondent and the planning division written justification as to why the co -location is not feasible. (4) For all structures requiring a special exception use, all property owners within six hundred (600) feet of the property boundary where the proposed structure will be constructed shall receive from county staff written notice of the application via certified mail, and all property owners between 600 and 1200 feet shall be notified by staff via regular U.S. Mail. (1) Approval criteria for replacement antenna -supporting structures Coding: Words in s«.71�R.rough are deletions from existing law. Words underlined are additions. 29 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc (b) Replacement of an Existing Antenna -Supporting Structure. (1) Approval criteria for replacement antenna -supporting structures Coding: Words in s«.71�R.rough are deletions from existing law. Words underlined are additions. 29 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc 1 " I ORDINANCE NO. 2002-031 a. For a proposed replacement antenna -supporting structure to be approved, it shall meet the approval criteria d., e., g. through j. and 1. as indicated in Section 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; and 2. Replacement antenna -supporting structure foundations constructed on a property or properties which is/are contiguous to the RS, RM, RT or RMH zones shall not be any closer to these zones than the foundation of the original antenna -supporting structure being replaced. c. Height. 1. Replacement antenna -supporting structures, antennas and/or antenna arrays shall not exceed the height requirements set forth in §5(a)(1)b. or 110% of the height of the antenna -supporting structure it is replacing, whichever is greater: d. Construction. Subject to the height provisions above: 1. Replacement antenna -supporting structures, antennas and/or antenna arrays with an overall height of one - hundred and seventy five (175) feet or less shall have a monopole type construction, except that €, uyed towers less than 175 feet in height may be replaced with new guyed. towers. 2. Replacement antenna -supporting structures with an overall height of greater than one -hundred and seventy five (175) feet, may be of the same construction type as the structure being replaced. e. Landscaping. An average of one canopy tree (minimum height of twelve (12) feet with six-foot spread at time of planting) and two (2) Coding: Words in strike 'hroug are deletions from existing law. Words underlined are additions. 30 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc M ORDINANCE NO. 2002-031 understory trees (minimum height of eight (8) feet at time of planting) s hall b e p rovided f or e very t hirty ( 30) f eet o f t he tower base/accessory structures' opaque fenced perimeter. Credit shall be given for existing tree located between the tower base perimeter and adjacent areas that are being buffered. The required trees shall be planted in a pattern to maximize s creening o f t he b ase a rea o f t he t ower from t he view of adjacent road rights-of-way and adjacent residentially designated or residentially used properties, without conflicting with any guy wires. Trees credited or planted to meet this screening requirement shall be located on property under the control of the applicant to ensure that the screening trees are preserved and maintained. Shrubs and understory trees used to make the fencing opaque shall be planted on the outside fence perimeter. Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative siting on the parent tract of the proposed facility may be considered and approved by the Planning Director, provided the proposed alternative maximizes screening as provided above. (2) Submittal for requirements for replacement antenna -supporting structure -supporting Antenna -Supporting Structure. (c) applications. a. For a proposed replacement antenna -supporting structure application to be considered complete, it shall contain the same submittal materials required as indicated in Section 5(a)(2) a. through i., k., l., n (1) through (4), and o. (1) Approval criteria for colocations on existing Colocations on an Existing -supporting Antenna -Supporting Structure. (c) (1) Approval criteria for colocations on existing antenna -supporting structures: a. For a colocation on an existing antenna -supporting structure to be approved, it shall meet with approval criteria h. through j., and 1. as indicated in Section 5 (a) (1), as well as the following: b. Height. A colocation on an existing antenna -supporting structure shall not increase the overall height of the antenna - supporting structure, antenna and/or antenna array beyond that allowed under Section 5(a)(1)b. Coding: Words in stfi through are deletions from existing law. Words underlined are additions. 31 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 c. Structural Integrity. Any colocation on an existing antenna -supporting structure (d) Attached Wireless Communications shall meet building code requirements (including - 1. A stamped or sealed facilities: structural windloading). analysis of the existing wireless communications a. For a colocation on an existing antenna -supporting structure application to be considered complete, it shall contain submittal materials a. through f., ajj4—n.(1) through (4), and o., as indicated in Section 5 (a) (2), as well as the following: (d) Attached Wireless Communications (2) Submittal requirements Facilities. for colocation on an existing antenna - 1. A stamped or sealed facilities: structural a. For a colocation on an existing antenna -supporting structure application to be considered complete, it shall contain submittal materials a. through f., ajj4—n.(1) through (4), and o., as indicated in Section 5 (a) (2), as well as the following: 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. Approval for 1. A stamped or sealed facilities: structural analysis of the existing wireless communications antenna -supporting structure prepared by a licensed Florida engineer indicating that the existing antenna - supporting structure as well as all existing and proposed appurtenances meets building code requirements (including windloading) 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. 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 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 901.03 in the Land Development Regulations; and C, Height. Coding: Words in strike thfoug are deletions from existing law. Words underlined are additions. 32 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc (d) Attached Wireless Communications Facilities. Approval for 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 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 901.03 in the Land Development Regulations; and C, Height. Coding: Words in strike thfoug are deletions from existing law. Words underlined are additions. 32 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc Approval for facilities: (1) criteria attached wireless communications 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 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 901.03 in the Land Development Regulations; and C, Height. Coding: Words in strike thfoug are deletions from existing law. Words underlined are additions. 32 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc i � f ORDINANCE NO. 2002-031 1. The antenna, antenna array, attachment device, equipment enclosure and/or any ancillary equipment shall not extend above the highest point of the building by more than seventy (70) feet; and 2. Existing or proposed attached wireless communications facilities which project more than seventy (70) feet above the highest point of the building upon which it is mounted shall be considered as an antenna -supporting structure and subject to the provisions for these types of uses pursuant to Section 5 (a); and d. Construction. Attached facilities may have a guyed, lattice, or monopole type construction, but in no case shall a lattice type construction exceed a height of ten (10) feet from the base of the attached facility; and e. Color. All attached antenna or antenna arrays, equipment enclosures and ancillary equipment visible from outside the building where they are located shall be painted so as to blend in with the building where they are placed; and f. Screening and Placement. 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 be attached only to a commercial/industrial, industrial, hotel, multifamily, institutional, or public building or facility. (2) Submittal requirements for attached wireless communications facility applications. Coding: Words in stFike thr-oug are deletions from existing law. Words underlined are additions. 33 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO, 2002-031 a. For a proposed attached wireless communication facility application to be considered complete, it shall contain submittal materials a. through f., h., p -n. (1) through (4) and o., as indicated in Section 5(a)(2). a. Setbacks. 1. Stealth facilities shall meet the minimum setback requirements for the zoning district where they are located for the type of structure used or simulated. b. Height. Stealth wireless communications facilities shall not exceed one hundred fifty (150) feet in overall height. The county may limit the height of a proposed stealth facility to ensure that the facility is not readily identifiable as a wireless facility, blends into its surroundings, and has the appearance of an allowable and customary structure on site (e.g. church steeple, flagpole with flag, light standard, tree) In particular, a stealth facility proposed to be disguised as a tree shall not exceed 110% of the height of the tree line of the subj ect^parcel or surrounding area. c. Construction. No stealth wireless communications be designed facility shall be guyed (e) Stealth Wireless Communications Approval for Facilities. or have lattice type construction. a. Setbacks. 1. Stealth facilities shall meet the minimum setback requirements for the zoning district where they are located for the type of structure used or simulated. b. Height. Stealth wireless communications facilities shall not exceed one hundred fifty (150) feet in overall height. The county may limit the height of a proposed stealth facility to ensure that the facility is not readily identifiable as a wireless facility, blends into its surroundings, and has the appearance of an allowable and customary structure on site (e.g. church steeple, flagpole with flag, light standard, tree) In particular, a stealth facility proposed to be disguised as a tree shall not exceed 110% of the height of the tree line of the subj ect^parcel or surrounding area. c. Construction. No stealth wireless communications be designed facility shall be guyed Approval for or have lattice type construction. facilities: design requirements (1) criteria stealth wireless communications any subsequent modification to those specifications, a. Setbacks. 1. Stealth facilities shall meet the minimum setback requirements for the zoning district where they are located for the type of structure used or simulated. b. Height. Stealth wireless communications facilities shall not exceed one hundred fifty (150) feet in overall height. The county may limit the height of a proposed stealth facility to ensure that the facility is not readily identifiable as a wireless facility, blends into its surroundings, and has the appearance of an allowable and customary structure on site (e.g. church steeple, flagpole with flag, light standard, tree) In particular, a stealth facility proposed to be disguised as a tree shall not exceed 110% of the height of the tree line of the subj ect^parcel or surrounding area. c. Construction. d. Accessory Use. A s tealth f acility s hall b e a n a ccessory u se as d efined b y section 901.03 in the Land Development Regulations. e. Structural Integrity. The stealth facility No stealth wireless communications be designed facility shall be guyed or have lattice type construction. design requirements d. Accessory Use. A s tealth f acility s hall b e a n a ccessory u se as d efined b y section 901.03 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, and to Coding: Words in Strike thrau are deletions from existing law. Words underlined are additions. 34 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 meet all applicable building code requirements (including Submittal windloading). for facilities: 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 that is readily identifiable from the public domain as wireless communications equipment. a. For a proposed stealth wireless communications facility application to be considered complete, it shall contain submittal materials a. through j.,and n. 1 through 4, and o., contained in Section 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. Said photo - simulations must demonstrate that the placement, design and height of the proposed facility satisfies the definition of "Stealth Wireless Communications Facility". 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. c. For a stealth wireless communications facility proposed to exceed a height of 70 feet, the applicant shall satisfy the informational and technical analysis required under section 5(a)(2)n. Sec. 6. Expert Review. (a) Where due to the complexity of the methodology or analysis required to review an application for a wireless communication facility requiring special exception use approval or a radio frequency analysis, the Planning Director may require a technical expert review by a third party expert, the costs of which shall be borne by the applicant, which sum shall be in addition to site plan and special exception use fees. Applicant shall submit a deposit of $2,000.00 t owards t he c ost o f s uch t echnical r eview u pon n otification from Coding: Words in strike through are deletions from existing law. Words underlined are additions. 35 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc Submittal for facilities: (2) requirements stealth wireless communications a. For a proposed stealth wireless communications facility application to be considered complete, it shall contain submittal materials a. through j.,and n. 1 through 4, and o., contained in Section 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. Said photo - simulations must demonstrate that the placement, design and height of the proposed facility satisfies the definition of "Stealth Wireless Communications Facility". 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. c. For a stealth wireless communications facility proposed to exceed a height of 70 feet, the applicant shall satisfy the informational and technical analysis required under section 5(a)(2)n. Sec. 6. Expert Review. (a) Where due to the complexity of the methodology or analysis required to review an application for a wireless communication facility requiring special exception use approval or a radio frequency analysis, the Planning Director may require a technical expert review by a third party expert, the costs of which shall be borne by the applicant, which sum shall be in addition to site plan and special exception use fees. Applicant shall submit a deposit of $2,000.00 t owards t he c ost o f s uch t echnical r eview u pon n otification from Coding: Words in strike through are deletions from existing law. Words underlined are additions. 35 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc r the Planning Director that a technical review is required, and shall remit any outstanding balance to the County for such review (not to exceed a total cost of $3,000.00) prior to issuance of a building permit. The technical expert review shall be completed within 45 days of county staff receipt of a complete application and technical analysis and justification from the applicant. (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 these regulations; 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 these regulations. (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 fifteen (15) 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. 7. 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) Coding: Words ini'�� , e h', are deletions from existing law. Words underlined are additions. 36 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc ORDINANCE NO. 2002-031 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. (d) Prior to issuance of a building permit for a wireless communications facility, the underlying 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 wireless communications facility. An applicant for a wireless communication facility may elect to construct a facility which is included in pai4ieipate the County's Wireless Facility —Master Plan ("Plan"). PaFtieipppiq Any Wireless Communications Facility located in an approved area as set forth in the Plan and designed in accordance with the Plan and these regulations will not be required to have a public hearinr _ tiblie h __ on __ a f gil ty inelu & the Pla and will not be assessed the expert review fee set forth in 971.44(5) Section 6 above (unless the applicant has not elected to participate in. the plan and proposes a wireless communications facility exceeding a height of 90 feet), but will be required to pay site plan approval application fees and building permit fees. Armee-The wireless master plan fee established below shall apply to proposals for facilities on sites added to the master plan after November 12, 2002. To develop and maintain the Plan, the County's consultant shall use signal propagation methods and professional engineers qualified in this discipline and assure compliance with all federal, state and local regulations. Upen eempletion, the Plan shall be fess ,te at ubli ._ hearings t„ the _-ZV I,11V adoption by or -of resolution. After adei3tien of die 4an An applicant proposing a facility located within areas designated by the Plan shall the r„plieaf t ray apply for necessary staff -level site plan approvals and building permits. for- Pla appf ve f eififio� en an as „ eeded b Should the need occur for modifications after approval of the Plan, an applicant may petition the County for such modifications, but an additional fee may be assessed. Coding: Words in strike hfou n are deletions from existing law. Words underlined are additions. 37 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc Master Plan Sec. 8. Wireless Facility An applicant for a wireless communication facility may elect to construct a facility which is included in pai4ieipate the County's Wireless Facility —Master Plan ("Plan"). PaFtieipppiq Any Wireless Communications Facility located in an approved area as set forth in the Plan and designed in accordance with the Plan and these regulations will not be required to have a public hearinr _ tiblie h __ on __ a f gil ty inelu & the Pla and will not be assessed the expert review fee set forth in 971.44(5) Section 6 above (unless the applicant has not elected to participate in. the plan and proposes a wireless communications facility exceeding a height of 90 feet), but will be required to pay site plan approval application fees and building permit fees. Armee-The wireless master plan fee established below shall apply to proposals for facilities on sites added to the master plan after November 12, 2002. To develop and maintain the Plan, the County's consultant shall use signal propagation methods and professional engineers qualified in this discipline and assure compliance with all federal, state and local regulations. Upen eempletion, the Plan shall be fess ,te at ubli ._ hearings t„ the _-ZV I,11V adoption by or -of resolution. After adei3tien of die 4an An applicant proposing a facility located within areas designated by the Plan shall the r„plieaf t ray apply for necessary staff -level site plan approvals and building permits. for- Pla appf ve f eififio� en an as „ eeded b Should the need occur for modifications after approval of the Plan, an applicant may petition the County for such modifications, but an additional fee may be assessed. Coding: Words in strike hfou n are deletions from existing law. Words underlined are additions. 37 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc e is 7 ORDINANCE NO. 2002-031 (1) Information to be provided. All applicants who elect to construct a wireless communications facility in an area provided for pipete in the Plan shall provide all necessary and requested information to the County's consultant, which information shall include at a minimum that set forth in 971.44(5) Section 5(a)(2)(n) 1-4 above, for each wireless facilities site which it currently operates within the County as well as each site area within which it reasonably believes it will need a facility within the County for at least the next two (2) years. (2) Plan Development and Use. Upon submittal of the foregoing information in subsection (1) above, the County's consultant shall continue to —develop and refine the Plan, which w ill specify areas w ithin the County w here an applicant may construct a wireless communications facility by filing a site plan application and obtaining staff approval, and obtaining issuance of a building permit, in accordance with the specifications set forth in the Plan as approved for that particular site area. (3) Application fee required. The fee for participation in the Plan shall be $6,000.00 per applicant, which shall be a one-time fee for review of the applicant's existing and p roposed f acilities i n t he C ounty. P ayment o f t he a pplication f ee sh all b e made at the time the application is submitted with the information set forth in subsection (1) above. (4) Plan Supercedes Processes Established in 971.44(5). All approved site areas specified in the Plan shall require staff approval only for the construction of approved wireless facilities, irrespective of the zoning district in which the site is located, and without the necessity of further public hearing. For those areas specified in the Plan which are on property owned or controlled by the County (regardless of zoning classification), the applicant shall, prior to seeking a building permit for such facility, negotiate and execute a lease agreement with the County for such site upon terms and conditions approved by the County. 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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 3. 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 Coding: Words in strike ' ~ ug are deletions from existing law. Words underlined are additions. 38 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc 2. 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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 3. 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 Coding: Words in strike ' ~ ug are deletions from existing law. Words underlined are additions. 38 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc 47 A ORDINANCE NO. 2002-031 4. 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. 5. Effective Date State. This ordinance shall take effect upon filing with the sections of of this ordinance may be renumbered or re -lettered to accomplish such intentions. 4. 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. 5. Effective Date This ordinance was advertised in tle V ero Beach P ress-Journal o n t he j ' d ay o f 2002, and on the 3U day of , 2002, for public hearings to b held on the _ day or2002, and on the day of 2002, at which time at th final hearing it was moved for adoption by Commissioner Gi nn seconded by Commissioner Ti ppi n , and adopted by the following vote: The ordinance was adopted by a vote of: Chairman Ruth M. Stanbridge Vice Chairman Kenneth R. Macht State. This ordinance shall take effect upon filing with the Florida Secretary of This ordinance was advertised in tle V ero Beach P ress-Journal o n t he j ' d ay o f 2002, and on the 3U day of , 2002, for public hearings to b held on the _ day or2002, and on the day of 2002, at which time at th final hearing it was moved for adoption by Commissioner Gi nn seconded by Commissioner Ti ppi n , and adopted by the following vote: The ordinance was adopted by a vote of: Chairman Ruth M. Stanbridge Vice Chairman Kenneth R. Macht Commissioner John W. Tippin Aye Commissioner Fran B. Adams Ave The Chairman thereupon declared the ordinance duly passed and adopted this 12th day of November , 2002. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Attest:;J>.K. Barton, Clerk{,= 13 3,y y. I?¢puty o to :. Ruth M. Stanbridge Chairma Cod ng Wgrds in str e€k n P11 are del97 etions from existing law. Words underlined are additions. 39 F.\Comr tjlnty De elopmegt\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doe 'e. �i r Commissioner Caroline D. Ginn Commissioner John W. Tippin Aye Commissioner Fran B. Adams Ave The Chairman thereupon declared the ordinance duly passed and adopted this 12th day of November , 2002. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Attest:;J>.K. Barton, Clerk{,= 13 3,y y. I?¢puty o to :. Ruth M. Stanbridge Chairma Cod ng Wgrds in str e€k n P11 are del97 etions from existing law. Words underlined are additions. 39 F.\Comr tjlnty De elopmegt\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doe 'e. �i r ORDINANCE NO. 2002-031 Filed with the Florida Department of State on the Ayo ve/n 13elC , 2002. APPROVED AS TO LEGAL FORM , Ve 6 & William G. Collins Deputy County Attorney Community Development Coding: Words in s ii'Re thfatign are deletions from existing law. Words underlined are additions. 40 F:\Community Development\Users\CurDev\ORDINANCE\WIRELESS ORDINANCE 2002-031 11-15-02.doc