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HomeMy WebLinkAbout2002-016ORDINANCE NO, 2002- 016 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING NEW REQUIREMENTS FOR WIRELESS TELECOMMUNICATIONS FACILITIES, 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 A - Administrative permit use S - Special exception use Coding: Words in stfike through are deletions from existing law. Words underlined are additions. UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc District Uses Transportation and Utilities A-1 A-2 A-3 RFD RS -I Airports and airstrips S S S S Communications towers (Non -wireless facilities Amateur radio(accessory use P P Less 80 than feet or 80 taller feet (see 971.44(4) for P S PP S S S S special criteria Commercial Up to 70 feet: Camouflaged P P P P P Non -camouflaged P P P - - 70 feet to 150 feet: A A A Camouflaged Monopole minimum of 2 users A A A A A - Not camouflaged and not monopole A/S * A/S * A/S * - Over 150 feet: All tower types (see 971.44(1) for S Special criteria S - P - Permitted use A - Administrative permit use S - Special exception use Coding: Words in stfike through are deletions from existing law. Words underlined are additions. UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc ORDINANCE NO, 2002- 016 1The 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). B. A portion of the Section 911.07(4) table for single-family residential districts is hereby amended to read as follows: Utility Uses RS -2 District RS -3 * See RT -6 971.44(4) Communications to determine Non - the Administrative Permit Special whether - wireless or exception use Amateur radio process applies. use) 1The 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). B. A portion of the Section 911.07(4) table for single-family residential districts is hereby amended to read as follows: Utility Uses RS -2 District RS -3 RS -6 RT -6 Communications towers Non - - wireless facilities)' Amateur radio (accessory use) Less than 80 feet or 80 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 camouflaged monopole Over 150 feet: and not - All tower types 971.44(1) (see for special criteria) - - - - P - Permitted use A - Administrative permit use S - Special Exception Use Coding: Words in stfilse thfeugk are deletions from existing law. Words underlined are additions. UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepn31402.doc T � ORDINANCE NO. 2002- 016 'For wireless comm-lercial :facilities revulations, see section 971.4451. C. A portion of the Section 911.08(4) table for multiple -family residential districts is hereby amended to read as follows: District Uses RM -3 RM -4 RM -6 RM -8 RM -10 Utility Communications towers Non - wireless facilities)--' Amateur radio (accessory use) Less than 80 feet p p p p p 80 feet or taller 971.44(4) (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 A A A A A 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 IFor wireless facilities regulations, see section 971.44(5). commercial Coding: Words in stftke thfough are deletions from existing law. Words underlined are additions. \\F ILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc ORDINANCE NO. 2002- 016 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 iFor Districts Uses Utility facilities RMH-6 RMH-8 wireless commercial regulations, see facilities) - Communications towers (Non -wireless 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 70 -camouflaged feet to 150 feet: - - A A Camouflaged Monopole (minimum of 2 users) - Not Over camouflaged 150 feet: and not monopole - All tower types (see 971.44(1) for special criteria) - - P - Permitted use A - Administrative permit use S - Special exception use iFor facilities section 971.44(5). wireless commercial regulations, see Coding: Words in stfike thretigk are deletions from existing law. Words underlined are additions. \\FILESERVER\PUBLIC\Community Development\users\Cui ev\ORDIANCE\wireless ordinancepz6 1402.doc E. A portion of the Section 911.10(4) table for commercial districts is hereby amended to read as follows. District Uses PRO OCR MED CN CL CG CHI Communications towers Non -wireless facilities 4 Amateur radio (accessory use) Less than 80 feet P P P P P P P 80 feet or taller (see 971.44(4) for special S S S S S S S criteria Commercial Up to 70 feet: Camouflaged P P P P P P P Non -camouflaged P P P P P P P 70 feet to 150 feet: Camouflaged A A A A A A A Monopole (minimum A A A A A A A of 2 users) Not camouflaged and S S S S S S S 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 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 thfough are deletions from existing law. Words underlined are additions. UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepz6 1402.doc ORDINANCE NO. 2002- 016 Standards for unpaved vehicle storage lots are found in section 954.08(6). 4 For wireless commercial facilities re4ulations, see section 971.44(5). 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 (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 * See 971.44(4) to determine whether the Administrative Permit or Special facilities use section 971.44(5). wireless commercial retailations, see Coding: Words in stfilgk are deletions from existing law. Words underlined are additions. UILESERVERTUBLIC\Community Development\Users\Curuev\ORDIANCE\wireless ordinancepzc31402.doc * See 971.44(4) to determine whether the Administrative Permit or Special exception use process applies. Coding: Words in stfilgk are deletions from existing law. Words underlined are additions. UILESERVERTUBLIC\Community Development\Users\Curuev\ORDIANCE\wireless ordinancepzc31402.doc j )* ORDINANCE NO. 2002- 016 G. A portion of the Section 911.12(4) table for conservation districts is hereby amended to read as follows: District Use Con -1 Con -2 Con -3 Utility Communications towers (Non -wireless facilitics)- 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(l) 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. `For wireless commercial facilities regulations, see section 971..44(5). * See 971.44(4) to detenn.ine whether the Administrative Pemilt or Special exception use process applies. Coding: Words in'ugh are deletions from existing law. Words underlined are additions. UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc H. A portion of the Section 911.13(2) table for special districts is hereby amended to read as follows: District Uses R-BCID 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 Non -camouflaged - 70 feet to 150 feet: Camouflaged A 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 1The 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). Coding: Words in stfike thfough are deletions from existing law. Words underlined are additions. UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc I. A portion of the Section 911.13(3) table for special districts is hereby amended to read as follows: District Uses ROSE -4 Utility Uses Public and private utilities (limited) A Communications towers (Non -wireless facilities)1 Amateur radio (accessory use) Less than 80 feet P 80 feet or taller (see 971.44(4) for special S criteria) Commercial Up to 70 feet: Camouflaged P Non -camouflaged - 70 feet to 150 feet: Camouflaged A 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 IFor wireless commercial facilities regulations, see section 971.44(5). Coding: Words in stfilee hratigh are deletions from existing law. Words underlined are additions. 9 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc J. A portion of the Section 911.13(4) table for special districts is hereby amended to read as follows: District Uses AIR -1 Transportation and Utility Uses Airstrips P Public and private utilities, limited S 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 - 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 IThe requirements of section 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers. '`For wireless commercial facilities re€4ulations, see section 971.44(5). Coding: Words in stfike thfough are deletions from existing law. Words underlined are additions. 10 \\FILESERVERTUBLIC\Commum Development\Users\CurDev\ORDIANCE\wireless ordinancepw31402. doc Ke The introduction portion of Section 971.44(1) is hereby amended to read as follows: (1) Non -wireless commercial communications towers seventy (70) feet or more in height (administrative permit and special exception). NO:TL: Wireless facilities are regulated under section 971.44(5) Le LDR subsection 971.44(5) is hereby created, to read as follows: "(5) Wireless commercial communications facilities (staff -level approval, administrative pet -mit, 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 between suppliers welfare services of the public (b) Minimize by regulating the the impacts of wireless communication general functionally equivalent on surrounding areas by establishing siting of and wireless communication standards for location, structural facilities, integrity including satellite earth stations; (c) Encourage the location and collocation between suppliers of wireless communication services equipment Act of (b) Minimize in the policies as not to impacts of wireless communication facilities functionally equivalent on surrounding areas by establishing the new visual, standards for location, structural in the integrity and compatibility; effects upon and natural environment and wildlife (c) Encourage the location and collocation between suppliers of wireless communication services equipment Act of 1996 in such a manner policies as not to unreasonably in Indian River providers County; functionally equivalent on existing structures wireless thereby to prohibit minimizing the new visual, aesthetic and in the 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 Act of 1996 in such a manner policies as not to unreasonably in Indian River providers County; functionally equivalent and wireless service or to prohibit �fl Respond to the embodied in the Telecommunications Act of 1996 in such a manner policies 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 goveming the construction and location of wireless communications facilities, within the confines of permissible local regulation, and Coding: Words in stfike thfetigk are deletions from existing law. Words underlined are additions. 11 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc ORDINANCE NO. 2002- 016 (h) Establish division the terms review procedures to ensure that applications Communications Facilitv; for wireless (A -b Ancillary communications facilities are reviewed and acted upon within a reasonable Facility includes with meanings: a wireless to period of time. Siting of a Wireless CornmUni.cations Facility shall be in accordance with the following siting alternatives hierarchy: a. Collocation on Existing Antenna Supporting 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 within the Geographic Search Area, as determined by a qualified radio fi•eq-uency engineer, higher ranked options are not feasible." Sec. 2 Definitions, For the purposes of this division the terms Replacement b. Attached designed Wireless Communications Facilitv; have the Stealth (A -b Ancillary Structures 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 within the Geographic Search Area, as determined by a qualified radio fi•eq-uency engineer, higher ranked options are not feasible." Sec. 2 Definitions, For the purposes of this division the terms Replacement Existing Antenna Support Structure; designed C, of d. have the 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 within the Geographic Search Area, as determined by a qualified radio fi•eq-uency engineer, higher ranked options are not feasible." Sec. 2 Definitions, For the purposes of this division the terms and phrases listed below shall designed d. have the Stealth (A -b Ancillary Structures receiving Wireless Communications waves Facility includes with meanings: a wireless to include, telephonic facility, including but limited to: 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 within the Geographic Search Area, as determined by a qualified radio fi•eq-uency engineer, higher ranked options are not feasible." Sec. 2 Definitions, For the purposes of this division the terms and phrases listed below shall designed for the transmitting have the (A -b Ancillary Structures receiving means following waves associated includes with meanings: a wireless to (A-2) Anti -Climbing Device means a piece or pieces of equipment which are either attached to antenna -supporting structure, or which are free-standinz 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. LA -3) Antenna means any apparatus designed for the transmitting (A -b Ancillary Structures receiving means forms of development waves associated includes with a wireless to include, telephonic facility, including but limited to: foundations, communications. concrete Types of antennas communications but limited to: not (whip,) antennas, slabs onrag de guy wire anchors generators, and transmission (panel) cable are not omni -directional however, enclosures. supports• specifically excluding equipment (A-2) Anti -Climbing Device means a piece or pieces of equipment which are either attached to antenna -supporting structure, or which are free-standinz 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. LA -3) Antenna means any apparatus designed for the transmitting and/or receiving of electromagnetic waves that includes but is not limited to include, telephonic radio or television communications. Types of antennas but limited to: (whip,) antennas, sectorized (panel) are not omni -directional Coding: Words in std are deletions from existing law. Words underlined are additions. 12 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc antennas, multi or sin 41e (FM & TV), yagi, or parabolic situation means (dish) or more different antennas. projection composed of (A-4) Antenna Array means a single or group of antennas and their associated mountin,z hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support. (A -SL Antenna -Supporting means Structure situation means a vertical or more different of the projection composed of metal, wood, or other substance or antenna with or without a foundation that is for the express purpose of accommodating antennas at a desired height above or device which attaches it to the building, structure. transmission Antenna and an equipment -supporting not enclosure, which to may be located structures either wireless inside do of the not providers independently place include on an any device used to building. grade. An attached building wireless communications facility attach antennas to an existing building, unless the device extends above the highest considered to be an accessory point of the building the by more than twenty principal (20) feet. (A-6) Attached Zone means an means Wireless situation in which Communication or more different of the Horizontal Facility a radius means equivalent to five thousand two an antenna or antenna place array communication that is attached to an existing building with any accompanying pole or device which attaches it to the building, structure. transmission cables, and an equipment shall not enclosure, which to may be located either wireless inside or outside of the providers independently place equipment on an existing building. An attached building wireless communications facility is considered to be an accessory use to the existing principal use on a site. (B-1) Breakpoint TechnologX 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 an, other on the monopole. (C-1) Colocation Zone means an means a situation in which two or more different of the Horizontal wireless a radius communication equivalent to five thousand two service providers place wireless communication eighty antenna feet. or antennas on a common antenna -supporting structure. The term colocation shall not be applied to a situation where two or more wireless communications service providers independently place equipment on an existing building (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. Coding: Words in strike tkf:eagh are deletions from existing law. Words underlined are additions. 13 \\HLESERVER\I'UBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc (E-1) Equipment means a style Enclosure (F-2) FCC means the Federal means any structure above Federal the base flood desi elevation consists (G-2) Glide Path vertical and means. a ratio equation used truss for the including: assembly two composed of of sections the (Fre-fabricated with bracingincorporated. engineering. as defined in cabinets, shelters sections or otherwise), pedestals, and height is attached to a foundation Equipment of gLjy wires other are connected similar structures. to support in the enclosures the use of guy are used exclusively of to contain The radio or other equipment necessary for the transmission or reception projection of wireless communication signals and not for the storage of (G-1) Guyed means a style of antenna -supporting (F-2) FCC means the Federal structure (F--1) FAA means the Federal of a single Aviation Administration. desi (G-1) Guyed means a style of antenna -supporting (F-2) FCC means the Federal structure Communications Commission. (G-1) Guyed means a style of antenna -supporting a structure (L-1) Lattice means consisting of a single area desi 4nated consists (G-2) Glide Path vertical and means. a ratio equation used truss for the wireless services, assembly two composed of of sections the principles with bracingincorporated. engineering. as defined in the Telecommunications The sections are attached to each other, and the assembly_ height is attached to a foundation and supported by a series of gLjy wires that are connected to anchors placed in the ground or on a building. (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. means a style (L-1) Lattice means (G-3) Geographic Search Area means an area desi 4nated consists (G-2) Glide Path vertical and means. a ratio equation used in accordance with for the wireless services, purposes two or more hollow of limiting the principles of wireless engineering. as defined in the Telecommunications sections that Act of 1996. overall in height turn attached to a foundation. of vertical This type of antenna - supporting projections is designed to support in the vicinity the use of guy of private airports. The ratio limits each foot of height for a vertical projection based upon a (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. means a style (L-1) Lattice means (G-3) Geographic Search Area means an area desi 4nated consists by a wireless provider vertical and or operator for a new base station facility, produced in accordance with usually composed wireless services, of two or more hollow metal crossed generally accepted principles of wireless engineering. as defined in (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. (M-1) Monopole means a style (L-1) Lattice means a style of antenna -supporting structure that -supporting consists of vertical and horizontal supports with multiple legs and cross -bracing, and shaft usually composed wireless services, of two or more hollow metal crossed strips or bars to support antennas. (M-1) Monopole means a style of free-standing antenna -supporting Wireless structure that is composed mobile services, of a single shaft usually composed wireless services, of two or more hollow access services, as defined in the Telecommunications sections that Act of 1996. are in turn attached to a foundation. This type of antenna - supporting structure is designed to support itself without the use of guy foundation that rests on or in the ground or on a building's roof. Coding: Words in stAke thfough are deletions from existing law. Words underlined are additions. 14 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc (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. Coding: Words in stAke thfough are deletions from existing law. Words underlined are additions. 14 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc �•.�1 �► ►• 11 / • (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. (S-2) Stealth Wireless Communications Facility means a wireless communications facility, ancillary structure, or equipment enclosure that is not readily identifiable as such and is designed to 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 Wireless (R-2) Replacement means the (R-1) Radio Frequency Emissions means any electromagnetic (P-3) Public Antenna -Supporting of or other Structure means an antenna -supporting or antenna structure, appurtenances, on the ground, antenna -supporting structure, includes but equipment enclosures, and all associated ancillary services structures used by a public mobile body or public utility for the purposes device of transmission and/or reception an existing antenna -supporting of wireless communication signals associated These paging. reception are mounted to a supporting of radio may but limited to: or truss assembly attached to a foundation communications, in recreation, fire and with not pole public antenna education, parks and include cables, some other configuration. A satellite earth station police protection, public works, and general government. separate equipment (S-2) Stealth Wireless Communications Facility means a wireless communications facility, ancillary structure, or equipment enclosure that is not readily identifiable as such and is designed to 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 Wireless (R-2) Replacement means the (R-1) Radio Frequency Emissions means any electromagnetic (W-1) radiation Wireless Communications of or other new antenna communications signal emitted from an antenna or antenna -related equipment on the ground, antenna -supporting structure, includes but building, or other limited structure (or services vertical projection. dishes mobile radio (SMR), enhanced (S-2) Stealth Wireless Communications Facility means a wireless communications facility, ancillary structure, or equipment enclosure that is not readily identifiable as such and is designed to 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 Wireless (R-2) Replacement means the construction (W-1) means any Wireless Communications of a new antenna means personal wireless a single or group of satellite -supporting includes but parabolic not limited structure (or services (PCS), specialized dishes mobile radio (SMR), enhanced specialized mobile device built the to replace an existing antenna -supporting structure. (ESMR,), (S-2) Stealth Wireless Communications Facility means a wireless communications facility, ancillary structure, or equipment enclosure that is not readily identifiable as such and is designed to 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 Wireless Communication Facility(WCF) (W-1) means any Wireless Communications (S-1,) Satellite Earth Station means personal wireless a single or group of satellite includes but parabolic not limited to, cellular, (or services (PCS), specialized dishes mobile radio (SMR), enhanced specialized mobile device that the transmission dish) antennas. (ESMR,), These paging. reception are mounted to a supporting of radio may be a or truss assembly attached to a foundation communications, in the ground, and or in consisting pole of an antenna or group of antennas, transmission include cables, some other configuration. A satellite earth station may the associated separate equipment enclosures necessary for the transmission enclosures, or and may include an antenna -supporting reception of wireless communications signals with satellites. structure. (S-2) Stealth Wireless Communications Facility means a wireless communications facility, ancillary structure, or equipment enclosure that is not readily identifiable as such and is designed to 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-2) Wireless Communication Facility(WCF) (W-1) means any Wireless Communications staffed or 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 for the transmission and/or (ESMR,), and paging. reception (W-2) Wireless Communication Facility(WCF) means any staffed or 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 enclosures, and may include an antenna -supporting structure. The following developments shall be considered as a Wireless Coding: Words in stfike thfough are deletions from existing law. Words underlined are additions. 15 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc stations. See.3 Applicability (a) Except as provided for in subsection (7) Stealth wireless communications (5) Colocation (b) antenna -supporting structures; below, this section Communication shall Facility: developments development activities including installation, construction, or modification to containing new or existing the following_ facilities: antenna -supporting structures, wireless communications 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. See.3 Applicability (a) Except as provided for in subsection (7) Stealth wireless communications (5) Colocation (b) antenna -supporting structures; below, this section shall appl�to development activities including installation, construction, or modification to the following_ facilities: wireless communications (1) Existing antenna -supporting structures; and (2) Proposed antenna -supporting structures; and (3) Public antenna -supporting structures; and (4) Replacement of existing antenna -supporting structures; and (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: (1) Amateur radio antenna supporting structures and antemias 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 Coding: Words in stfike threugh are deletions from existing law. Words underlined are additions. 16 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc (7) Stealth wireless communications (5) Colocation on existing antenna -supporting structures; 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: (1) Amateur radio antenna supporting structures and antemias 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 Coding: Words in stfike threugh are deletions from existing law. Words underlined are additions. 16 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc (7) Stealth wireless communications facilities; (6) Attached 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: (1) Amateur radio antenna supporting structures and antemias 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 Coding: Words in stfike threugh are deletions from existing law. Words underlined are additions. 16 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc (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: (1) Amateur radio antenna supporting structures and antemias 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 Coding: Words in stfike threugh are deletions from existing law. Words underlined are additions. 16 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc (including or proposed windloading) antenna -supporting communications and provided or antenna such change height does not increase 35) feet or less of emergency by the overall height of the structure; and ground (5) Any existing or proposed antenna -supporting communications structure, antenna or antenna arrays -with an overall upon height of thirty-five declaration 35) feet or less of emergency by federal, Wireless state, above ground government, and a written level determination in of public non-commercial necessity by the or non -industrial Broadcasting transmission zoning facilities districts or seventy (70) feet or less above ground level in commercial except that such facility or industrial must zoning districts; and Commissions (6) A government-owned wireless communications antennas and/or facility, arrays for non - upon the declaration of a state of emergency by federal, Wireless state, or local government, and a written determination facilities of public necessity by the as AM/FM/TV/DTV Broadcasting transmission facilities Director of which Public licensed Safety; except that such facility must comply Commissions with and regulated in accordance all federal and state requirements. Land Development No wireless and communications 917.06 of the facility shall be exempt from the provisions of this division beyond the Regulations. duration of the state of emergency. (7) Antenna supporting structures, antennas and/or anteima 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 accordance with LDR Land Development Section 971.44(j) and Section 917.06 of the Regulations. Coding: Words in strip are deletions from existing law. Words underlined are additions. 17 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc (a) Except as provided in subsection (b) below, Sec. 4 Uses by wireless communications Land Use District. below. facility shall be allowed (a) Except as provided in subsection (b) below, no wireless communications with the table below. facility shall be allowed in a particular zoning district except in accordance bf this Section. Coding: Words in stfike through are deletions from existing law. Words underlined are additions. 18 \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc with the table below. Replacement of Land Use Existing Antenna New Non -stealth District Colocation Attached Facility Support Structure Stealth Facility Facility 4* Staff Approval Staff Approval Staff Approval Adm. Permit Special Exception -2 Staff Approval Staff Approval Staff Approval Adm. Permit Special Exception -3 Staff Approval Staff Approval Staff Approval Adm. Permit Special Exception D Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited S4 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 A roval 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 4 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited 40 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited RNM-6 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited RNM-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 D 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 Con -1 Staff Approval. Staff Approval Staff Approval Special Exception Prohibited Con -2 Staff A royal Staff Approval Staff Approval Special Exception Prohibited Con -3 Staff Approval Staff Ar oval Staff Approval Special Exception Prohibited CRVP Staff A roval Staff Appi oval Staff Approval Adm. Permit Prohibited -BCID Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited ose4 Staff Approval Staff Approval Staff Approval Adm. Permit Prohibited R-1 Staff Approval Staff A royal Staff Approval Adm. Permit Prohibited PD *Note: A-1 zoned konedDropertv Staff App roval property within the lying between S.R. 60 and Staff Approval Urban Service Area A-1 C.R. 510 and East of Staff Approval zoned yroperty lying South 74"i Avenue shall be treated Adm. Permit Prohibited of S.R. 60 and East of 66 ° Avenue and A-] the same as RFD zoned property for the pumosesi bf this Section. Coding: Words in stfike through are deletions from existing law. Words underlined are additions. 18 \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc ORDINANCE NO. 2002- 016 (b) Within all districts that the above table shows as "Prohibited" , new antenna - supporting structures may be permitted as a special exception use, provided that the antenna -supporting structure is owned by Indian River County and is used for county communications, in accordance with the adopted wireless master plan. (see section 8, beloyvj. 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-su_,pporting structure has been constructed usingbreakxoint" 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. UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc 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 (1.0) feet above the antenna support stnicture, antenna, and antenna array and 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. 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 M subsequent modification to those specifications, and applicable buildingg code requirements, and e. Lighting: New antenna -supporting structures shall be illuminated in be designed to provide 2. The new antenna -supporting structure shall Zed 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_pre- application conference and recorded in the Letter of In Understanding resulting from the conference. 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 120 150 feet tall shall be three (3). and e. Lighting: New antenna -supporting structures shall be illuminated in accordance with FAA requirements to provide aircraft \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc obstruction lighting, where required. Any such illumination shall be by red li ghtin�4 unless otherwise directed by the FAA. Louvers or shields may be required by the county to keep lighting from shining down on surrounding properties. 1. No antenna -supporting structure shall be permitted unless the applicant demonstrates that no existin 4 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 the followinz: (i) No existing wireless communications facilities located within the geographic area meet the applicant's engineering requirements. (ii) Existing wireless communications facilities are not of sufficient height to meet the applicant's engineenng 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 structures shall that f. Colocation there Feasibility. are other limiting factors that 1. No antenna -supporting structure shall be permitted unless the applicant demonstrates that no existin 4 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 the followinz: (i) No existing wireless communications facilities located within the geographic area meet the applicant's engineering requirements. (ii) Existing wireless communications facilities are not of sufficient height to meet the applicant's engineenng 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 structures shall that maintain a there gray finish are other limiting factors that render as required by federal rules or existing wireless regulations. communications facilities unsuitable. 9. 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. \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc h. Radio Frequency Emissions. The radio frequency emissions shall anti -climb 1. The following comply with FCC area and shall be required to meet standards and open space for such for the emissions. and/or to preserve security on wireless i. Intensity Requirements. (i) The area beneath all equipment enclosures; plus (ii) The area of the antenna -supporting structure foundation at or aboverg ade: plus (iii) The area beneath ancillary structures, plus (iv) The area inside the antenna -supporting structure framework. j. Security Suitable protective anti -climb 1. The following shall be considered as development area and shall be required to meet the setbacks and open space ratio requirements for the land use district and/or to preserve security on wireless communication habitat they located: where are (i) The area beneath all equipment enclosures; plus (ii) The area of the antenna -supporting structure foundation at or aboverg ade: 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) shall be provided for every thirty (30) feet of the tower base/accessory structures' opaque fenced perimeter. Credit shall be given for existing trees located between the tower base perimeter and adjacent areas that are being buffered. The required trees shall be planted in a pattern to maximize screening of the base area of the tower from the 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 \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc 1. Signage. The only signage that is permitted upon an antenna- sulaorting structure, equipment enclosures, or fence (if applicable) shall be informational, and for the purpose of identifying the antenna-sup2orting 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 aground grid or in the tower, stens 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." m. Aircraft Obstruction. In addition to the provisions of Section 5(a (1) above, the overall height of a new antenna -supporting structure located in the in vicinity of a private airport shall maintained. in the Conical Zone Shrubs following: and understory trees used to make the fencing opaque limiting the heights of shall be planted on the outside fence structures, antennas hundred fifty (150) and/or feet within antenna one arrays (1) to statutory one mile (5,280 feet) from the edge for perimeter. Alternative landscaping_ plans which provide the alternative same average siting canopy on the parent and understory tract trees of the but proposed propose facility may be considered and approved by the Planning Director, provided the proposed alternative maximizes screening_ as provided above. 1. Signage. The only signage that is permitted upon an antenna- sulaorting structure, equipment enclosures, or fence (if applicable) shall be informational, and for the purpose of identifying the antenna-sup2orting 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 aground grid or in the tower, stens 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." m. Aircraft Obstruction. In addition to the provisions of Section 5(a (1) above, the overall height of a new antenna -supporting structure located in the in vicinity of a private airport shall be limited in the Conical Zone by the following: (ii) path glide path limiting limiting the heights of new antenna UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc A 35:1lg ide A ratio in the Horizontal ratio in the Conical Zone Zone ,(i) (ii) path glide path limiting limiting the heights of new antenna -supporting structures structures, antennas hundred fifty (150) and/or feet within antenna one arrays (1) to statutory one mile (5,280 feet) from the edge of the private UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc A 12:1 ratio in the Conical Zone (ii) glide path limiting the heights of new antenna -supporting structures to six hundred (600) feet within one UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc (1) statutory mile (5,280 feet) from the edge of the Horizontal Zone. (iii) This subsection shall for new non -stealth antenna supporting NOT be apply from to any structure proposed to be located points within properties, the Airport and located in a manner that Overlay Zone as set forth adverse in Section 911.17 of this Code, which provisions shall supercede those of this subsection including (m) n. Adverse Effects on Adjacent Properties (i) Height and location; and (ii) Mass and scale; and (iii) Materials and color, and following for new non -stealth antenna supporting (iv) Illumination, be be from 2. The 1. New antenna -supporting vantage points structures properties, shall configured and located in a manner that shall minimize adverse structures: impacts effects including visual 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, location configuration, and proposed. (i) Height and location; and (ii) Mass and scale; and (iii) Materials and color, and following for new non -stealth antenna supporting (iv) Illumination, be from 2. The attributes shall considered vantage points at adjacent properties, roadways and occupied structures: (i) Height and location; and (ii) Mass and scale; and (iii) Materials and color, and (v) Existing and proposed vegetation and intervening structures. An applicant shall demonstrate through the photo - simulation requirements under Subsection (2)(j) hereinbelow that 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 Linder subsection 5(a)(1)n. (2) Submittal requirements for new non -stealth antenna supporting (iv) Illumination, and. (v) Existing and proposed vegetation and intervening structures. An applicant shall demonstrate through the photo - simulation requirements under Subsection (2)(j) hereinbelow that 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 Linder subsection 5(a)(1)n. (2) Submittal requirements for new non -stealth antenna supporting structure applications: \\FILE SERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc 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 upontheir 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 Evaluation A i. Three (3) copies of a form of any appropriate receive radio signals fees; and a. completed application and Photo in Indian 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 upontheir 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 UILESERVERTUBLIC\Community Development\users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc Evaluation i. Three (3) copies of a f. Proof of an FCC license to transmit and/or receive radio signals of a building and two permit, Photo in Indian stamped or River County; and of the property UILESERVERTUBLIC\Community Development\users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc Evaluation i. Three (3) copies of a vegetation survey or Habitat h. Prior to issuance original of a building and two permit, Photo aA stamped or sealed of the property post completed construction by a licensed Florida engineer of structural analysis -supporting of the proposed uses, structures, antenna equipment and -supporting and ancillary structure structures as prepared by a licensed Florida after engineer indicating the proposed locations to be determined during and future and loading -application capacity of the antenna -supporting structure; (but UILESERVERTUBLIC\Community Development\users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc Evaluation i. Three (3) copies of a vegetation survey or Habitat h. One (HEI); and original and two (2) Photo copies of a survey of the property post completed construction by a licensed Florida engineer of which shows all antenna -supporting existing uses, structures, and improvements; equipment and UILESERVERTUBLIC\Community Development\users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc Evaluation i. Three (3) copies of a vegetation survey or Habitat Index (HEI); and UILESERVERTUBLIC\Community Development\users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc j. Photo -simulated post construction renderings of the proposed antenna -supporting structure, equipment enclosures, and ancillary structures as they would look after construction from locations to be determined during the pre -application conference (but shall, at a minimum include renderings from 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 UILESERVERTUBLIC\Community Development\users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc n. All other documentation, evidence, or materials necessM to demonstrate compliance with the applicable approval criteria set forth in this chapter and, including for non -stealth. facilities over 70 feet in heights where applicable: issuance building_ facilities building applicant the 1. existing FAA k. Prior to issuance types of a a statement the antenna -supporting permit, qualified proof of compliance with Subpart C of the Federal Aviation Regulations wireless United States Fish and failure modes of a letter indicating Part 77, Objects Affecting that Navigable equipment Airspace; and and and appurtenances antenna -supporting n. All other documentation, evidence, or materials necessM to demonstrate compliance with the applicable approval criteria set forth in this chapter and, including for non -stealth. facilities over 70 feet in heights where applicable: issuance building_ facilities levels applicant the 1. existing 4, antenna 1. A signed Wildlife types statement from a statement the antenna -supporting Service, qualified m. If required to which structure owner a reeing to allow the colocation of other wireless United States Fish and failure modes of a letter indicating that the equipment antenna -supporting and on the proposed and appurtenances antenna -supporting structure; and n. All other documentation, evidence, or materials necessM to demonstrate compliance with the applicable approval criteria set forth in this chapter and, including for non -stealth. facilities over 70 feet in heights where applicable: issuance building_ facilities levels applicant the 1. existing 4, antenna alternative locations, to Wildlife types permit, a statement communications Service, qualified m. If required to which the design proposed by the United States Fish and failure modes of a letter indicating that the proposed antenna -supporting and structure and appurtenances are in compliance with all applicable federal rules and regulations; and n. All other documentation, evidence, or materials necessM to demonstrate compliance with the applicable approval criteria set forth in this chapter and, including for non -stealth. facilities over 70 feet in heights where applicable: 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 issuance building_ facilities levels applicant the 1. existing 4, antenna alternative locations, to wireless types permit, a statement communications a qualified professional to which the design proposed facility will be a handoff candidate, including structural failure modes of the proposed facility; and 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 F:\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc issuance building_ levels applicant by 3. prior 4, antenna alternative locations, to of a types permit, a statement a qualified professional enin�pecifying the design facility and all other facilities structural failure modes of the proposed facility; and F:\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc demonstrates levels applicant that 4, antenna alternative locations, configurations, and heights types and power of the proposed facility and all other facilities on the subject property_ F:\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc demonstrates 5. a statement from the applicant that that alternative locations, configurations, and facility types F:\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc At the time a pre -application the conference (3) A pre -application is conference is required for any new antenna - shall demonstrate have been provider) examined: supporting structure. is hereby and addresses certified mail) to in parties, narrative including other form wireless service County providers the feasibility provide of any alternatives within Indian River that as indicated may have fewer on adverse effects service on adjacent and interested properties parties provided than the facility, configuration, In and location proposed including but not Planning ,general, Department: we plan to construct a support structure of�!feet in limited for to: purpose of providing Please (type of wireless service) . inform us and the (i) Height, and Department if you have any desire for placing additional wireless facilities or equipment within two (2) miles of our proposed (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 M residential dwellings; (c) the proximity of the structure to any public buildingsor facilities; (d) the existence of tall and like At the time a pre -application the conference (3) A pre -application is conference is required for any new antenna - shall demonstrate that the following provider) notice supporting structure. is hereby mailed (via certified At the time a pre -application the conference River is held, the applicant Land shall demonstrate that the following provider) notice was is hereby mailed (via certified mail) to all interested parties, to meet including other Indian wireless service County providers licensed to provide service within Indian River County as indicated on the list of wireless service communications providers and interested facility parties provided would by In the Indian River County Planning ,general, Department: we plan to construct a support structure of�!feet in height for the purpose of providing `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 In be located at (location) . ,general, we plan to construct a support structure of�!feet in height for the purpose of providing Please (type of wireless service) . 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 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc ORDINANCE NO. 2002-016 Sincerely, (pre -application applicant, wireless provider) " Included all facility. Please provide us with this information within twentyLeft (24-0) business days date letter. Your all is after the of this cooperation six sincerely latitude feet of the and boundary appreciated. structure 4itude any closer to these zones Sincerely, (pre -application applicant, wireless provider) " (1) Approval criteria for replacement antenna -supporting structures Included all 2. Replacement with a special the notice all shall property owners replacement be the six hundred latitude feet of the and boundary Ion structure 4itude any closer to these zones than the foundation AD the 02roved, it shall meet the approval be constructed d., e., 9, through j. shall dqys receive from county 83) of the proposed structure. notice 5(a) of the Within and as twenty(20) via (1), as well as of receiving a timely response from an interested mail and potential owners between co -applicant, the applicant shall inform be notified the respondent and the division in writing as to whether or not the potential planning is co -location is acceptable and under what conditions. If the co -location not acceptable, then the applicant must provide the respondent and the planning is feasible. division written justification as to why the co -location not (1) Approval criteria for replacement antenna -supporting structures (4) For all 2. Replacement structures requiring a special -Supporting exception use, all property owners replacement within six hundred (600) feet of the property boundary where the proposed structure will any closer to these zones than the foundation of the 02roved, it shall meet the approval be constructed d., e., 9, through j. shall receive from county staff written indicated notice 5(a) of the application and as via (1), as well as 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 foundations 2. Replacement (b) Replacement of an Existing Antenna -Supporting Structure. a proposed replacement on a property or properties (1) Approval criteria for replacement antenna -supporting structures b. Setbacks. 1. Any new equipment enclosures shall meet the minimum setback requirements for the land use district where they are located, and foundations 2. Replacement antenna be .a. For a proposed replacement on a property or properties antenna -supporting structure to RT or RMH zones shall not be any closer to these zones than the foundation of the 02roved, it shall meet the approval criteria d., e., 9, through j. 1. indicated in Section 5(a) the following_ and as (1), as well as b. Setbacks. 1. Any new equipment enclosures shall meet the minimum setback requirements for the land use district where they are located, and C. Height. 1. Replacement antenna -supporting structures, _ antennas and/or antenna arrays shall not exceed the height UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc foundations 2. Replacement antenna -supporting structure 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 being original antenna-supportine structure replaced. C. Height. 1. Replacement antenna -supporting structures, _ antennas and/or antenna arrays shall not exceed the height UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc ORDINANCE NO, 2002- 016 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. 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. 2. Replacement antenna Subject to the height t of greater than one -hundred and seventy five (175) feet, may be provisions type as 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. e. Landscapin& An average of one canoe t�(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) shall be provided for every thirty (30) feet of the 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 screening of the base area of the tower from the 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. UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc 2. Replacement antenna -supporting structures with an overall hei hg t of greater than one -hundred and seventy five (175) feet, may be of the same construction type as the structure being replaced, e. Landscapin& An average of one canoe t�(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) shall be provided for every thirty (30) feet of the 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 screening of the base area of the tower from the 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. UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc ORDINANCE NO. 2002- 016 (2) Submittal for requirements for replacement on existing antenna -supporting structure (c) Colocations on an Existing Antenna -Supporting Structure. antenna and/or a. For a proposed -supporting replacement applications: antenna -supporting structure under (1) Approval criteria for colocations on existing antenna (c) Colocations on an Existing Antenna -Supporting Structure. antenna and/or a. For a proposed -supporting replacement structure antenna -supporting structure under application an to be considered be approved, complete, complete, it shall contain the same criteria h. through j., structure prepared by 1. submittal in Section 5 (a) (1), the following_ materials and as required as indicated materials in Section 5(a)(2) a. through f. and n.(1) through (4) as indicating through that i., k., 1. and n (1) through Section 5 4). (2), antenna (1) Approval criteria for colocations on existing antenna (c) Colocations on an Existing Antenna -Supporting Structure. antenna and/or (1) Approval criteria for colocations on existing antenna -supporting a. For a colocation supporting structure, antenna and/or antenna structures: antenna -supporting code requirements structure to existing b. Height. A colocation on an existing antenna -supporting structure shall not increase the overall a. For a colocation supporting structure, antenna and/or antenna on an existing antenna -supporting code requirements structure to existing allowed under Section 5(a)(1)b. an existing application be approved, it shall complete, meet with approval - criteria h. through j., structure prepared by 1. indicated in Section 5 (a) (1), the following_ and as in materials as well as a. through f. and 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 code requirements for that existing allowed under Section 5(a)(1)b. an existing c. Structural Integrity. Any colocation on an existing antenna -supporting structure shall meet building code requirements for (including existing antenna -supporting on an existing application to antenna complete, windloading). shall - -supporting structure prepared UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc (2) Submittal a. For requirements 1. A for colocation existing antenna -supporting on an existing application to antenna complete, it shall - -supporting structure prepared UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc a. For a colocation 1. A on an existing antenna -supporting structure analysis application to be considered complete, it shall contain submittal -supporting structure prepared by a licensed indicated in materials Florida a. through f. and n.(1) through (4) as indicating that the existing Section 5 (a) (2), antenna the following_ - supporting structure as well as all as well as appurtenances UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc 1. A stamped or sealed structural analysis of the existing antenna -supporting structure prepared by a licensed Florida engineer indicating that the existing antenna - supporting structure as well as all existingandproposed appurtenances meets building code requirements UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc 2. A copy of the may lease or (including (d) Attached Wireless Communications windloading) for the antenna -supporting the owner of structure. -supporting attached facilities: structure 2. A copy of the may lease or sublease (d) Attached Wireless Communications between a the owner of the antenna -supporting attached facilities: structure and the applicant seeking_ to place additional shall not extend wireless equipment on the structure. Clauses related l., to lease term or rent may be deleted or censored. communications meet b. Accessory Use. An attached wireless communications may Facilities. facilit�to (d) Attached Wireless Communications Approval a for attachment in Land b. Accessory Use. An attached wireless communications may facility facilit�to be an Approval a for attachment in Land attached facilities: wireless communications and/or any ancillM (1) criteria attached wireless communications Section shall not extend 901.03 the the building b. Accessory Use. An attached wireless communications may facility facilit�to be an a. For a proposed attachment in Land attached as wireless communications and/or any ancillM by Section shall not extend 901.03 the the building h., i., l., approved, it shall communications meet facilities with the approval criteria more than and as above the highest point of the indicated in Section 5 (.a) (1), the following_ is mounted shall be considered as well as antenna -supporting b. Accessory Use. An attached wireless communications may facility shall be an antenna array, in no case shall a attachment in Land accessory use as defined and/or any ancillM by Section shall not extend 901.03 the the building Existing by more than seventy (70) feet; and Development Regulations, and communications c. Height. d. Construction. Attached facilities may device, or monopole 1. The antenna, antenna array, in no case shall a attachment construction exceed a height equipment enclosure and/or any ancillM equipment shall not extend above the highest point of the building Existing by more than seventy (70) feet; and d. Construction. Attached facilities may have a guyed, lattice, or monopole tyke construction, but in no case shall a lattice type construction exceed a height of ten 10) feet from the base of the attached 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 tyke 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 \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc e. Color. All attached wireless antenna or antenna arrays, facilities equipment Facilities. enclosures and ancillary equipment 1. visible from outside the building where they are located shall be painted so as to screened by a or other device the so as to minimize blend or in with the impact building measured where they are placed; line and limit f. Screening and Placement. 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: a. For a proposed attached wireless communication facility application to be considered complete, it shall contain submittal materials a. throuzh f, h. and n. (1) through (4) as indicated in Section 5(a)(2). wireless communications facilities Facilities. for be meet the 1. Attached setback facilities: wireless communications where they are shall wireless communications screened by a or other device the so as to minimize structure used or simulated. its visual impact parapet as measured from the boundary line of limit the height of a proposed stealth facilities to ensure be the subject property. Attached shall placed I n the center of the buildin 4 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: a. For a proposed attached wireless communication facility application to be considered complete, it shall contain submittal materials a. throuzh f, h. and n. (1) through (4) as indicated in Section 5(a)(2). a. Setbacks. wireless communications (e) Stealth Wireless Communications Facilities. for facilities shall meet the a. Setbacks. wireless communications facilities 1. Stealth for facilities shall meet the minimum setback facilities: for the zoning district where they are (1) Approval criteria stealth wireless communications a. Setbacks. b. Height. Stealth wireless communications facilities 1. Stealth facilities shall meet the minimum setback requirements for the zoning district where they are hundred located feet for the type of structure used or simulated. The county 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 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc that the facility is not readily identifiable as a "tireless facility, blends into its surroundings, and has the appearance of an allowable and customary structure on site N.ig. church steeple, nagpole with fia(y, light standard, tree), c. Construction. No stealth wireless communications designed facility shall meet all building fully be guyed within a building facilities. or otherwise, or have lattice type construction. that code requirements the Planning d. Accessory Use. A stealth facility shall be an accessory use as defined by section 901.03 in the Land Development Regulations. e. Structural Integrity. The stealth facility shall be designed facility to meet all building fully enclosed within a building facilities. or otherwise, that code requirements the Planning (including windloading antennas, submittal antenna the necessary f. Aesthetics. No stealth facility, facility whether is fully enclosed within a building facilities. or otherwise, that (2) the Planning shall have antennas, submittal antenna the necessary 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, 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 dernonstrate that the placement, des:igsn. and. height of the proposed facility satisfies the definition of "Stealth Wireless Communications Facility". facility is b. For Submittal for wireless facilities. that (2) the Planning requirements stealth wireless communications waive certain submittal requirements to reflect the necessary 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, 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 dernonstrate that the placement, des:igsn. and. height of the proposed facility satisfies the definition of "Stealth Wireless Communications Facility". \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc facility is b. For a proposed stealth wireless communications that not $Zround-mounted, the Planning Director may waive certain submittal requirements to reflect the necessary documentation \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc required to demonstrate compliance with the provisions of this chapter. Sec. 6. Expert Review. 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. (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 li•equency 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 towards the cost of such technical review upon notification from 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, wireless communications facility to be Sec. 6. Expert Review. applicability with (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 li•equency 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 towards the cost of such technical review upon notification from 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, (3) The validity of conclusions reached, (4) Whether the wireless communications facility to be complies to (2) The applicability with of analysis techniques and methodologies: (3) The validity of conclusions reached, (4) Whether the wireless communications facility to be complies to determining whether a proposed with proposed complies 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 \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc a f" l ORDINANCE NO. 2002- 016 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 Plannins4 Director who shall have the right to request documentation and/or affidavits from the facility owner regarding the issue of wireless communications facility usa ze, including evidence that use of the wireless communications facility is imminent. (b) At such time as the Planning Director reasonably determines that a wireless communications facility is abandoned, the Planning Director shall provide the facility owner with written notice of an abandonment determination by certified mail. Failure or refusal by the owner to respond within sixty (60) days of receipt of such notice shall constitute prima facie evidence that the wireless communications facility has been abandoned. () 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. Sec. 8. Wireless Master Plan An applicant for a wireless communication facility may elect to participate in the County's Wireless Master Plan ("Plan"). Participants in the Plan will not be required to have a public hearingow proposed facility included in the Plan and will not be assessed the expert review fee set forth in 971.44(5) Section 6 above, but will be required to pay building 12ermit fees and the wireless master plan fee established below. To develop and maintain the Plan the County's consultant shall use signal propagation UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc 4 r- a ORDINANCE NO. 2002- 016 methods and professional engineers 2. Repeal qualified Provisions in this discipline and assure compliance Plan be with all federal, state and local regulations. Upon completion, the shall presented at hearings to the County Planning and Zoning Commission, and the Board of public After County Commissioners for adoption by ordinance or resolution. adoption of the Plan the applicant may apply for necessary building permits for Plan -approved facilities for the on an as needed basis. Should the need occur modifications after approval of Plan an applicant may petition the County for such modifications, but an additional fee may be assessed. (1) Information to be provided. All applicants who elect to participate 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 perates 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 develop and refine the Plan, which will specify areas within the County where an applicant may construct a wireless communications facility v 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 proposed facilities in the County. Payment of the application fee shall be made at the time the application is submitted with the information set forth in subsection (1) above. (4) Plan Superced(s 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 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc 2. Repeal of Conflieting 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 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc o 0 ORDINANCE NO. 2002- 016 only to the unincorporated portion of the Indian River County which conflict Commissioner John with the Tippin 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 sections 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 shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Vero Beach Press -Journal on the 8th day of March , 2002, and on the 25th day of March , 2002, for public hearings to be held on the 19th day of March , 2002, and on the 2nd day of Apri 1 2002, at which time at the final hearing it was moved for adoption by Commissioner Adams seconded by Commissioner Macht , and adopted by the following vote: The ordinance was adopted by a vote of Chairman Ruth M. Stanbridge Vice Chairman Kenneth R. Macht Aye Commissioner Caroline D. Ginn Aye Commissioner Fran B. Adams The Chairman thereupon declared the ordinance duly passed and adopted this 2nd day of Apri 1 120020 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc Commissioner John W. Tippin Commissioner Fran B. Adams The Chairman thereupon declared the ordinance duly passed and adopted this 2nd day of Apri 1 120020 UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc ORDINANCE NO. 2002- 016 S fAW MtI! _BOARD OF COUNTY COMMISSIONERS I I:OF INDIAN RIVER COUNTY rf.✓ai-tni, i loAr ":i, Ali CJs' s� .ys (. Orr B _ By. Deputy<C'lerk ` s "Ruth M. Stanbridge did fisc ���. �, Chairman - BCC Approved April File} 'ith It 1, +1ida Department of State on the �Q day of .l I . 0 .2002. ,` tea, �•, APPROVED AS TO LEGAL FORM William G. Collins Deputy County Attorney 2, 2002 Community Development \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\wireless ordinancepzc31402.doc