HomeMy WebLinkAbout08-008
ORDINANCE NO. 08-008
(formerly Ordinance No. 07-014)
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE BY AMENDING SECTION 7.10.23, PROVIDING
PURPOSE; PROVIDING DEFINITIONS; PROVIDING APPLICABILITY;
PROVIDING GENERAL REQUIREMENTS AND MINIMUM STANDARDS;
PROVIDING PERMITTED USES ON PUBLIC PROPERTY; PROVIDING
PERMITTED USES ON PRIVATE PROPERTY; PROVIDING SPECIAL
EXCEPTION USE; PROVIDING EQUIPMENT STORAGE; PROVIDING
REMOV AL OF ABANDONED ANTENNAS AND TOWERS; PROVIDING
NONCONFORMING USES; PROVIDING PROTECTION FOR
RESIDENTS; PROVIDING PENALTIES; PROVIDING FOR
SEVERABILITY AND APPLICABILITY, INCLUSION IN THE CODE AND
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AN
EFFECTIVE DATE.
WHEREAS, the Congress of the United States adopted the Telecommunications
Act of 1996, providing federal regulation of wireless telecommunications, a technology of
wireless voice, video and data communications systems rapidly becoming available,
requiring land use facilities that impact planning and zoning concerns in St. Lucie County
("County") and throughout the United States; and
WHEREAS, Florida law as applicable to the County's authority to regulate the
siting of wireless telecommunication facilities has been amended; and
WHEREAS, it is the County's intent to establish standards in compliance with
applicable federql and state laws; and
WHEREAS, the County finds that it is in the public interest to permit the siting of
wireless telecommunications towers and antennas within the County's boundaries, and
WHEREAS, the County has received and expects to receive additional requests
from telecommunications service providers to site wireless telecommunications towers and
antennas within the County boundaries and is authorized by federal, state and local law to
regulate the siting of such telecommunications towers and antennas; and
WHEREAS, it is the intent of the County to provide reasonable accommodation to,
and to promote and encourage fair and reasonable competition among telecommunications
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service providers or providers of functionally equivalent services on a neutral and
nondiscriminatory basis; and
WHEREAS, the purpose and intent of this Ordinance are to establish appropriate
locations, and, further, to develop the requirements and standards to permit the siting of
wireless telecommunications towers and antennas within the County's boundaries, with due
consideration to the County's comprehensive plan, zoning map, existing land uses and
environmentally sensitive areas, including hurricane preparedness areas, and
WHEREAS, it is the intent of this Ordinance to encourage collocation between
wireless telecommunications service providers and to enhance the ability of the providers
to provide such services to the County through an efficient and timely application process
pursuant to Fla. Stat. § 365.172 as amended; and
WHEREAS, any antennas and related equipment to service the antennas that are
being collocated on existing above ground structures are not subject to land development
regulation pursuant to Fla. Stat. § 365.172, provided the height of the existing structure
is not increased; and
WHEREAS, through these regulated standards, it is the intent of the County to
protect and promote the health, safety and general welfare of its citizens and residents,
the traveling public and others in such a manner that will minimize both the number of
telecommunications towers and antennas and the adverse visual impact and other potential
damage by these facilities by encouraging collocation and shared use of new and pre-
existing telecommunications facilities, through incentives, careful design, engineering
siting, landscape screening and innovative camouflaging techniques; and
WHEREAS, this Board is authorized by Section 125.01(1)(t) to adopt ordinances
and resolutions necessary for the exercise of its powers and to prescribe fines and
penaltiès for the violations of ordinances in accordance with law; and
WHEREAS, on August 1, 1990, the Board of County Commissioners of St. Lucie
County, Florida, adopted the St. Lucie County Land Development Code; and
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida,
adopted certain amendments to the St. Lucie County Land Development Code, through the
following Ordinances:
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WHEREAS, on November 15, 2007, the Local Planning Agency/Planning and Zoning
Commission held a public hearing on the proposed ordinance after publishing notice in the
Tribune at least 10 days prior to the hearing and recommended that the proposed
ordinance be approved; and
WHEREAS, on March 4, 2008, this Board held its first public hearing on the
proposed ordinance, after publishing a notice of such hearing in the Tribune on February
22,2008; and
WHEREAS, on June 17, 2008, this Board held its second public hearing on the
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proposed ordinance; and
WHEREAS, the proposed amendments to the St. Lucie County Land Development
Code are consistent with the general purpose, goals, objectives and standards of the St.
Lucie County Comprehensive Plan and are in the best interest of the health, safety and
welfare of the citizens of St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
the County of St. Lucie, Florida that:
PART A.
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT
CODE TO READ AS FOLLOWS INCLUD.E:
******************
CHAPTER II
SECTION 7.10.23 WIRELESS TELECOMMUNICATIONS TOWERS SITING AND
ANTENNAS
A. PURPOSE:
The purpose of this section is to establish regulations and requirements for the
siting of wireless telecommunications facilities. All new towers or antennas in the County
shall be subject to these regulations, except where specifically excluded. The section is
intended to accomplish the following:
1. Protect and promote the public health, safety and general welfare of the
residents of the unincorporated areas of the County;
2. Minimize potential impacts of towers upon residential areas and land uses;
3. Encourage and promote the location of towers in nonresidential areas, where
the adverse impact on the community is minimal;
4. Minimize the total number of towers throughout the community by strongly
encouraging the collocation of antennas on new and pre-existing tower sites
as a primary option rather than construction of additional single-use towers;
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5. Encourage and promote *& users of telecommunications towers and antennas
to configure them in a way that minimizes the adverse visual impact of the
telecommunications towers and antennas through careful design, siting,
landscape screening, and innovative camouflaging techniques; and
6. Minimize potential damage to property from wireless telecommunications
towers and telecommunications facilities by requiring such structures be
soundly designed, constructed, modified and maintained and in compliance
with all requirements of the Building Code applicable to similar structures;
and
7. Enhance the ability of the providers of telecommunications services to
provide such services to the community through an efficient and timely
application process.
In furtherance of these goals. the County will at all times give due consideration to
the County's Comprehensive Plan, zoning maps, existing land uses. and environmentally
sensitive areas. including hurricane preparedness areas. in approving sites for the location
of towers and antennas.
B. . DEFINITIONS
As used in this Section. the following terms will have the meanings set forth below,
and will have control over any other. definitions contained in the County's Code:
1 "Accessory Use" means a secondary use including a use that is related to,
incidental to, subordinate to and subservient to the main use of the property on which an
antenna and or telecommunications tower is sited.
2. "Alternative.Camouflaae or Stealth Tower or Antenna Structure" means
a design mounting structure that encloses, obscures or conceals the presence· of an
antenna or telecommunications tower (for example. man-made trees, clock towers. bell
steeples, light poles. utility poles and similar alternative designs.)
3. "Antenna(' means a transmitting and/or receiving device mounted on a
telecommunications tower, building or structure and used in wireless telecommunications
services that radiate or capture electromagnetic waves. digital signals, analog signals.
radio frequencies, wireless communications signals and other communications signals
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including directional antennas such as panel. and microwave dish antennas, and omni-
directional antennas such as whips, but excluding radar antennas. amateur radio antennas
and satellite earth stations.
4. "Applicant" [owner. licensed contractor, and/or lesseel means a person or
entity with property owner authorization, with an application before the. County for a
permit for a wireless service facility.
5. "Broadcasting Facility" means any telecommunications tower built primarily
for the purpose of broadcasting AM. FM or television signals.
6. . "Buildina-permit Review" means a review for compliance with building
constructions standards adopted by the County under Chapter 553 and Chapter 13 of the
County Land Development Code and does not include a review for· compliance with land
development regulations.
7. "Carrier" means a company licensed by the Federal Communications
Commission (FCC) that provides wireless services. A tower builder or owner is not a
carrier unless licensed to provide wireless services.
8. "County" means the County of St. Lucie. a political subdivision of the State
of Florida, in its present form or in any later reoraanized. consolidated, or enlarged form.
9. "Collocation" means the situation when a second or subsequent wire~ess carrier
use an existing structure to locate a second or subsequent antennas. The term includes
the ground. platform, or roof installation of equipment enclosures, cabinets, or buildinas,
and cables. brackets, and other equipment associated with the location and operation of
the antenna.
10. "Equipment Building" means the cabinets, shelter, building or other such
structure which contains the electronic equipment used in the operation of the antenna.
Unless, the context indicates otherwise, the term includes generators, generator fuel
supplies, cable connections and supports electrical panels and similar accessory
components.
11 "Essential. Services"·" means those services provided by the County and
other governmental entities that directly relate to the health and safety of its residents,
including fire, police and rescue.
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12. "Existing Structure" means a structure that exists. at the time an
application for permission to place antennas on a structure is filed with the County. The
term includes any structure that can structurally support the attachment of antennas in
compliance with applicable codes.
13. "FAA" means the Federal Aviation Administration.
14. "Fair Market Value" means the price at which a willing seller, or
telecommunications tower owner, and willing buyer, or service provider seeking to rent
space on owners' telecommunications tower. will trade.
15. "FCC" means the Federal Communications Commission.
16. "Guyed Tower" means a telecommunications tower that is supported, in
whole or in part, by guy wires and ground anchors.
17. "Height" when referring to a telecommunications tower or other related
structure. means the vertical distance measured from the finished grade of the parcel to
the highest point on the telecommunications tower or other related structure. including
the base pad and any antenna.
18. "Historic Building. Resource, Structure. Site. Obiect. or District" means
any building. resource, structure. site. ob iect. or district that has been officially
designated as a historic building. historic resource. historic structure. historic site.
historic ob ject. or historic district throuQh a federal. state or local designation proQram.
19. "Land Development Regulations" means any ordinance enacted by the County
for the regulation of any aspect of development. includinQ zoninQ, subdivisions.
landscaping, tree protection. or signs, the County's comprehensive plan. or any other
ordinance concerning any aspect of the development of land. The term does not include
any building construction standard adopted under and in compliance with Chapter 553.
20. "Lattice Tower" means a telecommunications tower that is constructed to
be self-supporting by lattice type supports and without the use of guy wires or other
supports.
21. "Microwave Dish Antenna" means a dish-like antenna used to link
telecommunications sites together by wireless transmission and/or receipt of voice or
data.
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22. "Monopole Tower" means a telecommunications tower consisting of a single
pole or spire self-supported on a permanent foundation, constructed without guy wires,
ground anchors. or other supports.
23. "Pre-Existina Towers and Pre-Existing Antennas" means any
telecommunications tower or antenna for which a buildinQ permit or special use permit has
been properly issued and finalized prior to the effective date of this Ordinance. including
permitted telecommunications towers or antennas that have not yet been constructed so
long as such approval is current and not expired.
24. "Search Area" means the geoQraphic area, in which a telecommunications
facility must be located in order to provide coverage of the applicant/tenant's designed
service areas certified by an affidavit of a Radio Frequency Engineer.
25.
degrees.
"Whip Antenna" means a cylindrical antenna that transmits signals in 360
26. "Wireless Telecommunications Service" means "commercial mobile radio
service" as provided under ss. 3(27) and 332(d) of the Federal Telecommunications Act of
1996,47 U.S.C. ss. 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L.
No. 103-66, August 10, 1993, 107 Stat. 312. The term includes service provided by any
wireless real-time two-way communication device, including radio-telephone
commllnications used in cellular telephone service; personal communications service; or the
functional or competitive equivalent of a radio-telephone communications line used in
cellular telephone service, a personal communications service, or a network radio access
line. The term does not include wireless providers that offer mainly dispatch service in a
more localized, noncellular configuration: providers offering only data, one-way, or stored-
voice services on an interconnected basis; providers of air-to-ground services; or public
coast stations.
27. "Wireless or Telecommunications Tower" means any structure, and support
thereto, designed and constructed primarily for the purpose of supportin9 one or more
antennas intended for transmitting or receiving wireless telecommunications services,
telephone. radio and similar communication purposes. including lattice, monopole and Quyed
telecommunications towers. Unless otherwise expressly excluded, the term includes
transmission telecommunications towers, microwave telecommunications towers, common-
carrier telecommunications towers, cellular telephone telecommunications towers,
alternative telecommunications tower structures, amonQ others.
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28. "Wireless Communications or Telecommunications Facility" means any
equipment or facility used to provide wireless telecommunications service and may include,
but is not limited to, antennas, towers, equipment enclosures, cabling, antenna brackets,
and other such eQuipment. Placing a wireless communications facility on an existing
structure does not cause the existing structure to become a wireless communications
facility. Such definition shall not include facilities of a governmental entity where such
facilities are utilized to provide intra-Qovernmental communications. not generally
available to the public, to protect the health. safety and welfare of the public, includin9
but not limited to the South Florida Water ManaQement District.
8-:-C. GENERAL:
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1.
Telecommunications towers may be located as a permitted use in the "AG-5"
Agricultural-5, "IL" Industrial Light, "IH" Industrial Heavy, and "U" Utility
Zoning Districts. subject to the requirements of *& Section 7.10.23.
Telecommunications towers may be located as a conditional use, subject to
the requirements of Section 7.10.23 and Section 11.07.00, in a~1 remaining
zoning districts.
2.
Telecommunications towers may be located asa permitted use on the same
property as another use. A different existing use on the same lot or parcel
that is proposed to have a telecommunications tower located on it shall not
preclude the installation of that telecommunication tower if the other
requirements of this section can be met.
3.
Broadcasting Facilities/Amateur Radio Station Operators/Receive Only
Antennas. This Ordinance will not govern any telecommunications tower, or
the installation of any antenna, that is for the use of a broadcasting facility
or is owned and operated by a federally licensed amateur radio station
operator or is used exclusively for receiving only antennas.
3-:4.
Collocation of telecommunications antennas by more than one provider on
existing telecommunications towers shall take precedence over the
construction of new telecommunications towers. Accordingly, each
application shall include a written report certified by a professional
engineer licensed to practice in the state of Florida, stating that the
applicant has reviewed the County's inventory of existing towers, antennas
and approved sites within the search area for collocation opportunities on an
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existing site, and that no existing tower or structure within 112 mile of the
proposed site can accommodate, or be modified to accommodate the
applicant's proposed fadlity.
5. Inventory of Existing Sites 'A/ithil'l Search Area:
a. Each applicant shall review the County's inventory of existing towers,
antennas, and approved sites witRil'l the search area. All requests for
sites other than the inventory shall include specific information
concerning the location, height, and design of the proposed
telecommunications tower. No new telecommunications tower wI<tf.eA.
is I'f\ere thal'l el'lehul'ldrea fifty (150) feet il'l hei§ht withil'lol'le mile of
al'l e)(Ìstil'l§ tswer whicR is ol'le hUl'ldrea (159) feet sr mere il'l hei§ht
shall be approved unless the applicant demonstrates to the
reasonable satisfaction of the County that no existing tower,
structure or economically or technically feasible alternative
technology that does not require the use of new telecommunications
tower or new structures can accommodate, or be modified to
accommodate the applicant's proposed antenna. Evidence submitted
to demonstrate that no existing telecommunications tower structure
or alternative alterl'lative technology is suitable shall mEPf consist of
any of the following:
1. An affidavit demonstrating that the applicant made diligent
efforts for permission to install or collocate the applicant's
telecommunications facilities on County owned
telecommunications towers or usable antenna support located
within a one-half (112) mile radiuses of the proposed
telecommunications tower site.
II~ An affidavit demonstrating that the applicant made diligent
efforts to install or collocate the applicant's
telecommunications facilities on towers or useable antenna
support structures owned by other persons located within a
one-half 0/2) mile radius of the proposed telecommunications
tower site.
~iii. Existing towers or structures do not have sufficient
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structural strength to support applicant's proposed antenna
and related equipment.
3.Jv. The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or
structures, or the antenna on the existing towers or
structures would cause interference with the applicant's
proposed antenna.
4:¥v~ The fees, costs, or contractual provIsions required by the
owner in order to share an existing tower or structure to
adapt an existing tower or structure for sharing are
unreasonable. Costs exceeding new tower development are
presumed to be unreasonable.
~vi. The applicant demonstrates that there are other limiting
factors that render existing towers or structures unsuitable.
é-:vii. The applicant demonstrates that alternative technolo9Y used
in the wireless telecommunications business and within the
scope of applicant's FCC license, is economically or technically
not feasible.
b. The County may share such information as provided in Sections
7.10.23(G!)(2)(a) with other applicants applying for a permitted use
on private property and conditional use under this section or other
organizations seeking to locate antennas within the jurisdiction of
the County provided, however, that the County is not, by sharing such
information, in any way representing or warranting that such
information is accurate or that such sites are available or suitable.
No signals, artificial lights, or illuminations shall be permitted on any tower
or antenna unless required by the FAA or other applicable authority. If
lighting is required, the lighting alternatives and design chosen must cause
the least disturbance to the views fram surrounding 3raperties views.
Other than warning signs, no signs, including commercial advertising, logos,
political signs, flyers, or banners shall be allowed on any part of a
telecommunications tower. Any signs placed in violation of this section shall
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be removed at the expense of the owner.
All warning signage shall conform with the requirements of Chapter 9.00.00
of this Code. Notwithstanding those requirements, the following provisions
shall apply:
a. The warning signs may be attached to free standing poles if the
content of the signs may be obstructed by landscaping.
b. The County reserves the right to modify or waive the above
requirements to avoid visual clutter and to better apply the goals of
this section.
c. Warning signs shall include the name of the owner(s) and operators
and a twenty-four (24) hour emergency telephone number posted
adjacent to the gate.
d. If high voltage is necessary for the operation of the
telecommunications tower or any accessory structures. "HIGH
VOL T AGE--DANGER" warninQ signs shall be permanently attached to
the fence or wall surrounding the structure and spaced no more than
forty (40) feet apart.
e. "NO TRESPASSING" warninQ signs shall be permanently attached to
the fence or wall and spaced no more than forty (40) feet apart.
f. The height of the fettering of the warnin9 signs shall be at least
twelve (12) inches in height. The warninQ signs shall be installed at
least five (5) feet above the finished grade.
&:
7:8. Parking shall be in compliance with Section 7.05.00 and 7.06.00 of this Code.
&9. All telecommunications towers, and the accessory building(s) and/or
equipment associated with the towers. shall be enclosed by opaque security
fencing eight (8) feet in height and the tower shall be equipped with an
appropriate anti climbing device, regardless of the zoning district in which
the tower is located~, provided. however. the County may waive such
requirements.
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9:-10. Telecommunications tower setbacks and separations standards, as provided
in Sections 7.10.23(M) and 7.10.23(N)(I) of this Code shall be calculated and
applied to telecommunications tower facilities located in the County
irrespective of municipal and county jurisdictional boundaries.
-W:-11. Telecommunications towers shall be regulated and permitted pursuant to
this Section and shall not be regulated as essential services, public utilities,
or private utilities.
H-:-12. Owners and/or operators of towers shall certify that all licenses required
by law for the construction and/or operation of a wireless communications
system in the County have been obtained and shall file a copy of all required
licenses with the County.
~D. BUILDING CODES/SAFETY STANDARDS APPLICATIONS FOR NEW
WIRELESS TELECOMMUNICATIONS TOWERS:
1. The County shall grant or deny each properly completed application for any
wireless communications facility. not otherwise subiect to Sec. K. based on the applicant's
compliance with the County's applicable regulations. including but not limited to land
development re9ulations. consistent with this subsection and within the normal time frame
for a similar type of review but in no case later than ninety (90) business days after the
date the application is determined to be properly. completed in accordance with this
paragraph.
2. An application is deemed submitted or resubmitted on the date the
application is received by the County. If the County do.es not notify the applicant in
writinQ that the application is not completed in compliance with the County's regulations
within twenty (20) business days after the date the application is initially.submitted or
additional information resubmitted, the application is deemed, for administrative purposes
only, to be properly completed and properly submitted. However, the determination shall
not· be deemed as an approval of the application. If the application is not completed in
compliance with the County's regulations. the County shall so notify the applicant in writing
and the notification must indicate with specificity any deficiencies in the required
documents or deficiencies in the content of the required documents or deficiencies in the
content of the required documents which. if cured. make the application properly
completed. . Upon resubmission of information to cure the stated deficiencies, the County
shall notify the applicant. in writing. within the normal time frame of review. but in no case
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lonQer than twenty (20) business days after the additional information is submitted, of
any remainin9 deficiencies that must be cured. Deficiencies in document type or content
not specified by the County do not make the application incomplete. Notwithstanding this
subparagraph. if a specified deficiency is not properly cured when the applicant resubmits
its application to comply with the notice of deficiencies. the County may continue to
request the information until such time as the specified deficiency is cured. The County
may establish reasonable time frames within which the required information to cure the
application deficiency is to be provided or the application will be considered withdrawn or
closed.
3. If the County fails to grant or deny a properly completed application for a
wireless communications facility within the time frames set forth in this Section D, the
application shall be deemed automatically approved and the applicant may proceed with
placement of such facilities without interference or penalty. The time frames specified in
this Section D may be extended only to· the extent that the application has not been
granted or denied because the County's procedure generally applicable to all other similar
types of applications permits. require action by the Board of County Commissioners and
such action has not taken place within the time frames specified in this Section 5. Under
such circumstances, the County will act to either Qrant or deny the application at its next
regularly scheduled meeting or otherwise, the application is deemed to be automatically
approved.
Applicants regulated by this Ordinance may request a pre application conference
with the County. Such request shall be submitted with a non refundable fee of Five
Hundred Dollars ($500.00) to reimburse the County for the cost and fees incurred by the
conference.
GE. BUILDING CODES/SAFETY STANDARDS:
The construction, maintenance, operation and repair of telecommunications
facilities are subject to the supervision of the County to the extent not otherwise
prohibited by Ch. 365.172 FL. STAT., and shall be performed in compliance with all
applicable laws, ordinances, departmental rules and regulations and practices affecting
such structures including, but not limited to, zoning codes, building codes, and safety
codes, and as provided below.
1.
All telecommunications towers must meet or exceed current standards and
regulations of the FAA, the FCC, including radio frequency emission
standards and regulations of the state or federal government with the
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authority to regulate towers prior to issuance of a building permit by the
County. If such applicable standards and regulations are changed, then the
owners of the telecommunications towers governed by this Ordinance shall
bring such towers and antennas into compliance with such revised standards
within six (6) months of the effective date of such standards and
regulations, unless a different compliance schedule is mandated by the
controlling state or federal agency. Unless otherwise prohibited by
applicable federal or state law, failure to bring towers and antennas into
compliance with such revised standards and regulations shall constitute
grounds for the removal of the tower at the expense of the owner.
2. To ensure the structural integrity of telecommunications towers, the owner
shall construct and maintain the telecommunications tower in compliance
with all applicable building codes, other applicable codes and standards as
amended from time to time. A statement shall be submitted to the County
by a profèssional engineer certifying compliance with this subsection.
Where a preexisting structure, including light and power poles, is requested
as a camouflage facility by the owner, the facility, and all modifications
thereof, shall comply with all Buildil'l§ Cede requirements as provided in this
section.
3. Although the County will not require wireless providers to provide evidence
of a wireless communications facility's compliance with federal re9ulations
except evidence of compliance with applicable Federal Aviation
Administration requirements , and evidence of proper FCC license or other
evidence of FCC authorized spectrum user the County may request the FCC
to provide information as to a wireless provider's compliance with federal
regulations, as authorized by federal law.
t>F. REQUIREMENT OF SITE PLAN AND ENGINEERING REPORT.
All applicants for new towers and towers which are modified or reconstructed to
accommodate additional antennas shall submit a written report certified by a professional
engineer licensed to practice in the State of Florida. The report shall include: all
information required by Section 11.02.09 A (1) (2) (3) and (5) of the Land Development
Code of St. Lucie County except to the extent such information is determined to be not
applicable by the Building Department or otherwise prohibited by applicable state or
federal law. In addition. the report shall include the followinQ:
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1. A site plan of the property within 300'Yo percent of the tower height of the
tower drawn to scale prepared in accordance with the requirements of
Section 11.02.00 of this Code, including. but not limited to:
a. Site plan development consistent with Section 11.02.00 includinQ:
I~ A tax parcel number, legal description of the parent tract and
leased parcel. total acres, and Section/Township/Range of the
sub iect property;
ii. The lease parcel fully dimensioned. including property lines,
setbacks. roads o'n or adiacent to the subiect property,
easements;
iii. Outline of all existing buildings. including a purpose (i.e.,
residential buildings, garages. accessory structures, etc.) on
sub iect property located within 300'Yo of the tower height
from the tower;
iv. All existing vegetation, by mass or individually by diameter,
measured ·four (4) feet from the ground of each stand-alone
tree on the sub iect property located within 300% of the
tower height of the tower
v. Proposed/existing security barrier, indicating type and extent
as well as point of controlled entry;
vi. Proposed/existing access easements, utility easements. and
parking for the telecommunications tower;
vii. All proposed changes to the sub iect property. including
grading. veQetation removal. temporary or permanent roads
and driveways, storm water management facilities and any
other construction or development attendant. to the
telecommunications tower;
viii. If applicable. on-site and adiacent land uses, and
Comprehensive Plan classification of the site.
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2. Type of tower and specifics of design.
a. Scaled renderings of elevations depicting the design of the tower and
associated equipment including but not limited to the antennas.
mounts, equipment shelters, cable as well as cable runs. fencing.
landscaping and security barrier. if any;
b. Materials of the proposed tower specified by generic type and
specific treatment (i.e.. anodized aluminum. stained wood, painted
fiberglass. etc. These shall be provided for the antennas, mounts.
equipment shelters. cable as well as cable runs, and security barrier,
if any;
c. Colors of the proposed tower represented by a color board or
equivalent showing actual colors proposed. Colors shall be provided
for the antennas, mounts. equipment buildings, cable as well as cable
runs, and security barrier, if any;
d. Dimensions of the tower specified for all three directions: height,
width and breadth. These shall be provided for the antennas.
mounts, equipment shelters and security barrier, if any; and
e. A visual impact analysis. with a minimum of two (2), photo
digitalization or photographic superimpositions of the tower within
the subject" property. The photo. digitalization or photographic
superimpositions shall be provided for all attachments, including: the
antennas, mounts, equipment shelters. cables as well as cable runs.
and security barrier, if any for the total heiQht, width and breadth,
as well as at a distance of two hundred fifty (250) feet and five
hundred (500) feet from all properties within that range. or at other
points agreed upon in a pre-application conference.
&- If the preposed tower re(;fuires a €el"lditiel"lal use permit, a elctailed,
represel"ltative visual impact al"lalysis al"ld phete di§italizatiel'l, il"l I"lil"let·,' (90)
de§ree il'ltervals frem selected preperties v:ithil"l the 500 feet ef the
preperty Iil'le, of the prepeseel teweral"ld all attaà\mel"lts, il"lcluelil"l§
asseciated builclil'l§ al"lel e(;fui 3mel"lt €ol"ltail"lers, that il"ldicates hew the
pro 3osed tower '.'Jill il"lte§rate il"lte the surreul"ldil"l§ area.
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-+3. If applicable, Ag narrative of why the proposed tower cannot comply with
the requirements as stated in this section, if a 3 3licable.
é:-4. Prior to issuance of a permit, current wind-loading capacity and a projection
of wind-loading capacity using different types of antennas as contemplated
by the applicant. No telecommunications tower shall be permitted or be
permitted to be modified so as to exceed its wind-loading capacity.
€r.5. A statement that the proposed tower, including reception and transmission
functions, will not interfere with the customary transmission or reception of
radio, television or similar services as well as other wireless services
enjoyed by adjacent residential and nonresidential properties.
7-:6. A statement of compliance with Section 7.10.23(Gg), all applicable Buildin9
Codes. associated regulations and safety standards. For all towers attached
to existing structures, the statement shall include certification that the
structure can support the load superimposed from the telecommunications
tower. Except where provided in Section 7.10.23(BØ(3)(a), all towers shall
have the capacity to permit multiple users; at a minimum, monopole towers
shall be able to accommodate two (2) users and, at a minimum, self
support/lattice or guyed towers shall be able to accommodate three (3)
users.
9-:7. Any additional information reasonably deemed necessary by the County to
assess compliance with this Code and applicable law.
8. Special fee. The County shall have the right to retain independent technical
consultants and experts that it deems necessary to properly evaluate
applications for individual towers. The special fee shall be based upon the
hourly rate of the independent technical consultant or expert the County deems
necessary to properly evaluate applications for a tower or towers. The special
fee shall be applied to those applications requiring special review or evaluation.
The special fee shall be paid by the applicant to the County.
~ AESTHETICS.
All telecommunications towers and antennas shall meet the following requirements~
1.
At a telecommunications tower site, the design of the buildings and related
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structures shall use materials, textures, screening, and landscaping that will
blend them into the natural setting and surrounding buildings to minimize
the visual impact. Towers and any accessory buildings shall retain their
silver/grey factory finish" or sub iect to any applicable standards of the
FAA, be finished or painted in stealth or neutral tone colors. so as to reduce
visual obtrusiveness.
2. Except as noted in paragraph 3 and 4 below; all telecommunications tower
sites must comply with the landscaping and screening requirements of the
Land Development Code. The . Cemmul'lity Develapmel'lt Environmental
Resources Director shall require· landscaping in excess of any written
requirements as is deemed reasonably necessary in order to enhance
compatibility with adjacent residential and. nonresidential land uses. All
landscaping shall be properly maintained to ensure good health and viability
at the expense of the owner. Telecommunications tower facilities shall be
landscaped with a buffer of plant materials that effectively screens the
view of the telecommunications tower compound from property used for
residences. The standard buffer shall consist of a landscaped strip at least
ten (10) feet wide outside of the perimeter of the compound. except that, if
the tower perimeter abuts a public or private street or road right-of-way,
the minimum buffer width shall be fifteen (15) feet. ExistinQ mature
growth. not including exotics, and natural land forms on the site shall be
preserved to the maximum extent possible. In some cases, such as towers
sited on large, wooded lots, natural growth around the property perimeter
may be a sufficient buffer. The CemmLJl'lity De'lelepmel'lt Environmental
Resources Director· shall be responsible for determining if the existing
native perimeter vegetation meets the intent of this· Code. All areas
disturbed during pro iect construction shall be replanted with vegetation
according to Section 7.09.00, of this Code.
3. If an antenna is installed on a structure other than a telecommunications
tower, the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to. or closely compatible with, the
color of the supportinQ structure so as to make the antenna and related
eQuipment as visually unobtrusive as possible.
-ð.4. The Board of County Commissioners may consider total or partial relief from
the required perimeter landscaping requirements of Paragraph 2 above, if
the proposed Telecommunications Tower meets : :fl.e all of the following
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standards and criteria:
a. The Telecommunications Tower is located in an AG-5, AG-2.5, AG-l,
IL, IH or U Zoning district.
b. The proposed Telecommunications Tower is located a minimum of one
thousand (1000) feet, or the tower height, whichever is greater,
from the nearest public street or road right-of-way, public park or
playground, pubic or private school (primary or secondary educational
facility), habitable residential structure or any area zoned for
residential or commercial uses. For the purpose of this paragraph
this restriction shall apply to all properties regardless of political
boundary.
c. The proposed Telecommunications Tower base must be screened
from view by either existing vegetation, intervening buildings,
structures or other physical or made features meeting the intent of
this code.
d. It is demonstrated to the satisfaction of the Board of County
Commissioners that the planting of any vegetation would result in the
high probability of general plant mortality due to unacceptable soil
conditions that cannot otherwise be resolved through replacement of
the soil or other form of soil treatment.
In considering any request for relief under the provisions of this section,
the Board of County Commissioners may impose reasonable limiting
conditions associated with that relief.
4.5. The provisions of this paragraph shall not apply to wireless facilities
erected or attached to any existing telecommunications tower or existing
building or structure except that any support buildings or structures for
the additional antenna or antenna arrays must be screened compliant with
the intent of this code.
9.2.. The County reserves the right to require that any new towers be designed
as an alternative tower structure..
F-:-H. SECURITY FUND.
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Every Telecommunications service provider shall establish a cash security fund, or
provide the County with an irrevocable letter of credit in the same amount, to secure the
cost of removing an antenna, antenna array, or tower that has been determined to be
abandoned under Section 7.10.23(12 Q), in the event the owner fails to comply with the
provisions of Section 7.10.23(12 Q). The amount of the cash security fund, letter of
credit, or, bond is to be provided as follows:
1.
For each commercial telecommunication
tower and the initial set of antenna or
antenna array
$15,000
$25.000
2.
For each co-located telecommunication
providers antenna or antenna array
$1,000
,$5.000
G-:I. GENERAL REQUIREMENTS FOR THE LOCATION OF NEW WIRELESS
TELECOMMUNICATIONS TOWERS ON COUNTY PROPERTY
In addition to the other standards of this section, every new telecommunications
tower proposed for location on any property owned, leased, and/or controlled by St. Lucie
County shall be subject to the following minimum standards:
1. Lease Required.
Any new construction, installation or placement of a telecommunications
facility on any property owned, leased, and/or controlled by the County shall
require a Lease Agreement executed by the County and the owner of the
facility. The County may require, as a condition of entering into a Lease
Agreement with a telecommunications services provider, the dedication of
space on the facility for public health and safety purposes, as well as
property improvements on the leased space. Any dedications and
improvements shall be negotiated prior to execution of the lease.
~2. Incentive to collocate facilities on County property.
Pursuant to the intent of this Ordinance, the County shall provide the
following incentives to tenants in order to encourage the collocation of
telecommunications facilities:
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a. Tenants seeking to co-locate shall not pay rent to the facility owner
in excess of the fair market value for the space, as determined at
the time of execution of the lease.
b. The County shall receive a percentage of the rental fees and permit
fees received by the telecommunications facility operators from each
subsequent tenant at a single telecommunications facility located on
public property. Fees for placement, installation and use of
telecommunications towers and antennas shall be determined by
resolution of the Board.
c. No lease or sublease granted under this section shall convey any
exclusive right, privilege, permit or franchise to occupy or use the
public lands of the County for delivery of telecommunications
services or any other purpose.
d. No lease granted under this section shall convey any right, tit,le, or
interest in the public lands other than a leasehold interest, but shall
be deemed only to allow the use of the public lands for the limited
purpose and term stated in the lease agreement. No lease granted
under this section shall be construed as a conveyance of a fee title
interest in the property.
e. The Board of County Commissioners shall adopt by resolution a
standard fee schedule to be used in the calculation of lease rates for
the use of County property for establishing a telecommunications
tower site.
~3. Indemnification and insurance requirements
Indemnification
a. The County shall not enter into any lease agreement or otherwise
allowing tower siting by a telecommunications service provider until
and unless the County obtains an adequate indemnification from such
provider. This indemnification must at least:
(1)
Release the County from and against any and all liability and
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responsibility in or arising out of the constructions, operation,
or repair of the telecommunications facility. Each
telecommunications facility operator must further agree not
to sue or seek any money or damages from the County in
connection with the above mentioned matter;
(2) Indemnify and hold harmless the County, its elected and
appointed officers, agents, servants and employees, from and
against any and all claims, demands, or causes of action
whatsoever kind or nature, and the resulting losses, costs,
expenses, reasonable attorney's fees, liabilities, damages,
orders, judgments or decrees, sustained by the County or any
third party arising out of, or by reason of, or resulting from,
or out of each telecommunications facility operator's, or its
agent's, employee's, or servant's negligent acts, errors, or
omissions; and,
(3) Provide that the covenants and representations relating to the
indemnification provision shall survive the term of any
agreement and continue in full force and effect as to the
responsibility of the party to indemnify.
Insurance
a. The County may not enter into any lease agreement, or otherwise
authorize a tower site by any telecommunications service provider
until and unless the County obtains assurance that such operator (and
those acting on its behalf) have adequate insurance as determined by
the County Personnel/Risk Manager. At a minimum, the following
insurance requirements shall be satisfied:
(1) A telecommunications facility operator shall not commence
construction or operation of the facility without obtaining all
insurance required under this section and approval of such
insurance by the County Personnel/Risk Manager, nor shall a
telecommunications facility operator allow any contractor or
subcontractor to commence work on its contract or
subcontract until all similar such insurance required of the
same has been obtained and approved by the County
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Personnel/Risk Manager. The required insurance must be
obtained and maintained for the entire period the
telecommunications facility is in existence. If the operator,
its contractors or subcontractors do not have the required
insurance, the County may order such entities to cease
operation of the facility until such insurance is obtained and
approved.
(2) Certificate(s) of such insurance, reflecting evidence of the
required insurance shall be filed with the County
Personnel/Risk Manager. For entities that are entering the
market, the certificates shall be filed prior to the
commencement of construction and once a year thereafter,
and as provided below in the event of a lapse in coverage.
(3) The certificate(s) of insurance shall contain a provision that
coverages afforded under such policies shall not be cancelled
until at least thirty (30) days prior written notice has been
given to the County. All insurance policies shall be issued by
companies authorized to do business under the laws of the
State of Florida.
(4) Where applicable, in the event that the insurance certificate
provided indicates that the insurance shall terminate or lapse
during the term of the lease agreement with the County, then
in that event the telecommunications facility operator shall
furnish, at least thirty (30) days prior to the expiration of
the date of such insurance, a renewed certificate of insurance
as proof that equal and like coverage remains in effect for the
balance of the lease term.
b.
A telecommunications facility operator and its contractors or
subcontracts engaged in work on the operator's behalf, shall maintain
minimum insurance, in the amounts determined by the County
Personnel/Risk Manager, to cover liability, bodily injury and property
damage. The insurance shall cover the following exposures: premises,
operations, and certain contracts. Such coverage shall be written on
an occurrence basis and shall also be required under any lease
agreement between the County and the telecommunications facility
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operator.
H..l. INITIAL WIRELESS TELECOMMUNICATIONS ANTENNAS ON EXISTING
STRUCTURES.
Any telecommunications antenna which is not attached to a tower shall be approved
by the CeffiffiuAit'( DevelepffieAt Building Director as an accessory uSe to any commercial,
industrial, institutional, or multi-family structure of three (3) or more stories provided:
1. The antenna does not extend more than twenty (20) feet above the highest
point of the structure; and
2. The antenna complies with all applicable FCC and FAA regulations and all
applicable building codes; and
3. Wall-mounted antennas shall be located as close as possible but no more
than four (4) feet from the face of the wall of the building to which it is
attached; and
4. To minimize adverse visual impacts, antenna types shall be selected based
upon the following priority: (1) camouflage; (2) whip; (3) panel; and, (4) dish.
An applicant for the construction of a telecommunications tower shall state
in writing why each choice cannot be used for a particular application if that
choice is not the top priority: and
5. Microwave dish antennas located less than sixty-five (65) feet above the
ground may not exceed six (6) feet in diameter. Microwave dish antennas
located sixty-five (65) feet and higher above the ground may ,not exceed
eight (8) feet in diameter. Ground-mounted dish antennas must be located
or screened so as not to be visible from abutting public streets; and
6. No signals, lights, or illumination shall be permitted on an antenna or
equipment building unless required by the Federal Communications
Commission or the Federal Aviation Administration. Security IightinQ around
the base of the antenna and equipment building may be provided if such light
conforms to the overspill requirement in the County Code.
¡.K. COLOCATION OF WIRELESS ANTENNAS ON EXISTING TOWERS AND
STRUCTURES
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An antenna which is attached to an existing tower shall be approved provided such
collocation is accomplished in a manner consistent with the following:
1
f!:.
The County shall grant or deny each properly completed application,
as provided in this Section, for the collocation of a wireless
communications facility within the County's iurisdiction within the
normal time frame for a similar building permit review but in no case
later than forty-five (45) business· days after the date the
application is determined to be properly completed in accordance
with the County's application procedures provided the following.
b. Collocations on towers, including non-conforming towers that meet
the requirements in subparagraphs b(i) through b(iii) below, are
sub iect to only building permit review, which may include a review for
compliance with this subparagraph, such collocations are not sub iect
to any design or placement requirements of the County's land
development regulations in effect at the time of the collocation that
are more restrictive than those in effect at. the time of the initial
antennas placement.· approval, . to any other portion of the land
development regulations, or to public hearing review. This
subparagraph shall not preclude a public hearing for any appeal of the
decision on the collocation application, provided the following:
I~ The collocation does not increase the height of the tower to
which the antennas are to be attached, measured to the
highest point of any part of the tower or any existing antenna
attached to the tower; and
ii. The collocation does not increase the ground space area,
commonly known as the compound. approved in the site plan for
eQuipment enclosures and ancillary facilities; and
iii. The collocation consists of antennas. equipment enclosures.
and ancillary facilities that are of a design and configuration
consistent with all applicable regulations, restrictions. or
conditions, if any, applied to the initial antennas placed on the
tower and to its accompanyinQ equipment enclosures and
ancillary facilities and, if applicable, applied to the tower
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supporting the antenna. Such regulations may include the
desiQn and aesthetic requirements, but not procedural
requirements, other than those authorized by this section. of
the County's land development regulations in effect at the
time the initial antennas placement was approved.
f.:... Except for a historic building. structure. site, obiect. or district, , a
collocation on all other existinQ structures that meet· the
requirements in subparagraphs C (j) through (iv) below shall be·
sub iect to no more than buildinQ permit review, and an administrative
review for compliance with this subparagraph. Such collocations are
not sub iect to any portion of the County's land development
regulations not addressed herein. or to public hearing review.
Nothing herein shall preclude a public hearing for any appeal of the
decision on the collocation application:
I~ The collocation does not increase the height of the existing
structure to which the antennas are to be attached, measured
to the highest point of any part of the structure or any
existing antenna attached to the structure;
!1. The collocation does not increase the Qround space area,
otherwise known as the compound. if any. approved in the site
plan for equipment enclosures and ancillary facilities;
iii. The collocation consists of antenna, equipment endosures. and
ancillary facilities that. are of a design and configuration
consistent with· any applicable structural or aesthetic design
requirements and any requirements for location on the
structure, but not prohibitions or restrictions on the
placement of additional collocations on the existing structure
or procedural requirements, other than those authorized by
this section. of the County's land development regulations in
effect at the time of the collocation application; and
~
The collocation consists of antenna, eQuipment endosures, and
ancillary facilities that are ofa design and configuration
consistent with all applicable restrictions or conditions. if any,
that do not conflict with subparagraph (c) and were applied to
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the initial antenna placed on the structure and its
accompanying equipment enclosures and ancillary facilities and,
if applicable, applied to the structure supporting the antennas.
d. Re~ulations, restrictions. conditions. or permits of the County. acting
in its regulatory capacity, that limit the number of collocations or
require review processes inconsistent with this subsection, shall not
apply to collocations addressed in this paragraph.
e~ If only a portion of the collocation does not meet the requirements
of this subparagraph, such as an increase in the height of the
proposed antenna over the existing structure heiQht or a proposal to
expand the ground space approved in the site plan for the equipment
enclosure, where all· other portions. of the collocation meet the
requirements of this subparagraph, the portion of the collocation
only may be reviewed under the County's regulations applicable to an
initial placement of that portion of the facility, including. but not
limited to. its land development re9ulations, and within the review
time frame specified in Section Dfor the placement of new towers.
The rest of the collocation shall be reviewed in accordance with this
subparagraph. A collocation proposed under this subparographthat
increases the ground space area, otherwise known as the compound,
approved in the· original site · plan . for equipment· enclosures and
ancillary · facilities by no more than. a cumulative amount of four
hundred (400) SQuare feet or fifty percent. (50CYo) of the original
compound size. whichever is greater, shall. however. reQuire no more
than administrative review. for compliance. with . the. County's
regulations. including. butnot limited to: land development regulations
review. and buildinQ permit rèview, with no public hearing. This
subparagraph shall not preclude a public hearinQ for any appeal of the
decision on the collocation application.
f. If a collocation does not meet the requirements of subparagraph
K.1.b. and c.. the County may review the application under the County's
reQulations, including. but not limited to, land· development
regulations, applicable to the placement of an initial antennas and its
accompanying equipment enclosure and ancillary facilities.
g. If a collocation meets the reQuirements of subparagraph K.1.b. and c, the
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collocation shall not be considered a modification to an existinQ
structure or an impermissible modification of a nonconforming structure.
h. The owner of the existinQ tower on which the proposed antennas are
to be collocated shall remain responsible for compliance with any
applicable condition or requirement of a permit or agreement. or any
applicable condition or requirement of the land development
reQulations to which the existing tower had to comply at the time the
tower was permitted, including any aesthetic requirements, provided
the condition or requirement is not inconsistent with this paragraph.
I.
An existing tower. including a nonconforming tower. may be
structurally modified in order to permit collocation or maybe
replaced through no more than site plan and building permit review
process for approval. and is not subiect to public hearing review, if
the overall height of the tower is not increased and. if a replacement,
the replacement tower is a monopole tower or, if the existing tower
is a camouflaged tower. the replacement tower is a like-camouflaged
tower.· The subparagraph shall not preclude a public" hearing for any
appeal of the decision on the application.
.
2. An existing tower may be modified or rebuilt up to the same height or to a
taller height, to accommodate the collocation of an additional antenna(s),
only if the modification or reconstruction is in full compliance with : :fl.e
Building Code and requirements consistent with the original site approval
process including but not limited to submission ofa site planStol'tdard
Bl:Iildil'l9 Caee. This provision shall include utility and power poles. This
additional height shall not require an additional separation as set forth in
Section 7.10.23(N). The pre-modification tower height shall be used to
calculate such distance separations.
3. A tower which is being rebuilt to accommodate the collocation of an
additi<:mal antenna may be moved on site within fifty (50) feet of its
existing location, subject to applicable setback and separation requirements.
A relocated on site tower shall continue to be measured from the original
tower location for purposes of calculating separation distances between
towers pursuant to Section 7.10.23(kN) and shall in no way be deemed to
cause a violation of Section 7.10.23(bN)~ A tower which previously received
a conditional use approval may be rebuilt according to the conditions under
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which the conditional use was approved.
4. After the tower is rebuilt to accommodate collocation, only one tower may
remain on the site. The initial tower shall be removed within thirty (30)
days of the final inspection for the new tower.
5. Microwave dish antennas located less than sixty-five (65) feet above the
ground may not exceed six (6) feet in diameter. Microwave dish antennas
located sixty-five (65) feet andhiQher above the ground may not exceed
eight (8) feet in diameter. Ground-mounted dish antennas must be located
or screened so as not to be visible from abutting public streets.
J..:.L. ROOFTOP MOUNTED TELECOMMUNICATIONS TOWERS AND ANTENNAS.
All rooftop towers and antennas shall comply with the following requirements:
1. The height of any tower or antenna· sf the tewer, including support
structures, shall not extend more than fifteen (15) feet above the average
height of the roof line~; and
2. Rooftop communication facilities shall not adversely affect adjacent
properties~; and
3. Screening shall be required to minimize the visual impact upon adjacent
properties.
K-:-M. SETBACKS,
The following setback requirements shall apply to all telecommunications towers for
which a permit is required:
1. All telecommunications towers shall be setback from all property lines a
minimum distance of the fall radius of the tower or the minimum setback
for the zoning district whichever is greater.
2. The base of any guys and accessory buildings must satisfy the minimum
zoning district setback requirements.
bN. SEPARATION/HEIGHT:
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1 The following separation requirements shall apply to all telecommunications
towers for which a building permit is required:
-ha. Separation from off-site/designated areas:
&:1 Telecommunication +!ower separation shall be measured from
the base of the telecommunication tower to the lot line of the
off-site and/or designated areas as specified in Table 7-40,
except as otherwise provided in Table 7-40.
&;2. The separation distance from other towers described in the
inventory of existing sites shall be shown on an updated site
plan or map. The applicant shall also identify the type of
construction of the existing telecommunications tower(s) and
the owner/operator of the existing· telecommunications
tower(s), if known:
3. Separation requirements for towers shall comply with the
minimum standards established in Table 7-40.
Table 7-40
From any habitable residential structure 2QQ'ro of telecommunications tower
fexcept for accessory security residences in height, whichever is §reater
IL, IH and U zoning districts
From vacant residentially zoned land 200'ro of telecommunications tower
height, whichever is §reater
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From any non-residentially zoned land and Fall radius or zoning setback,
accessory security residences in IL, IH and U whichever is greater
zoning districts
Separation measured from base of telecommunications tower to closest building setback
line.
4. Separation distances between telecommunications towers shall
be applicable for and measured between the proposed
telecommunications tower and pre-existing towers. The
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separation distances shall be measured by drawing or following
a straight line between the· base of the pre-existing
telecommunications tower and the proposed base. pursuant to
a site plan, of the proposed telecommunications tower. The
separation distance shall be a minimum of one (1) mile,
regardless of type of towers.
e-:5. The Board of Adjustment may approve variances from the
separation requirements to habitable residential structures,
and to vacant residentially zoned land, provided that no
variance shall permit a separation distance of less than that
required from non-residential land.
6. The Board of Adjustment shall not approve a variance except
upon specific written findings of fact based directly upon the
particular facts submitted to them showing that:
~. A literal interpretation of the provisions of Table 7-40
would render the applicant in violation of applicable law
or would preclude provision of service in the desired
area..
.a.b. The granting of the variance will not be detrimental or
injurious to surrounding properties, and will not
endanger public safety.
-ð-:-c. The variance is the minimum variance that will make
possible reasonable use of the land, building, and
structures; and
4;d. The variance requested arises from a condition that is
unique and peculiar to the land involved and that it is
created by the conditions of this Code and not by the
actions of the property owner or applicant.
The above standards of review are in addition to those general
standards set out in Section 10.01.02 of this Code
.a.b. Separation distances between telecommunications towers.
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Er.1 The separation distance from other towers described in the
inventory of existing sites shall be shown on an updated site
plan or map. The applicant shall also identify the type of
construction of the existing tower(s) and the owner/operator
of the existing tower(s), if known.
&:2. Separation distances between towers shall be applicable for
and measured between the proposed tower and pre-existing
towers. The separation distances shall be measured by
drawing or following a straight line between the center of the
base of the existing tower and the center of the base of the
proposed tower, pursuant to a site plan.
e:-3. Each applicant shall review the County's inventory of existing
towers, antennas, and approved sites within the search area. (
All requests for sites other than the inventory shall include
specific information concerning the location, height, and
design of the proposed tower. No new tower wJ:1ich is ffiare
thaA )eAe AUAdred. fift,¡(150) feet il'l hei9ht shall be
permitted within on.e mile of an existing tower which is al'le
hUl'ldrecl (150) feeter mare il'l hei9ht unless the applicant
demonstrates to the reasonable satisfaction of the County
that no existing. tower, structure or alternative technology
that does not require the use of new towers or new structures
can accommoda1'e, or be modified to Qccommodate the
applicant's proposed antenna. Evidence submitted to
demonstrate that no existing tower structure or alternative
technology is suitable may consist of any of the foHowing:
-bo. No existing tower or structure located within the
search area has the capacity to provide reasonable
technical service.
~b. Existing towers or structures are not of sufficient
height to meet applicable requirements.
-ð-:c. Existing towers or structures do not have sufficient
structural strength to support applicant's proposed
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antenna and related equipment.
4:-d. The applicant's proposed antenna would cause
electromagnetic .interference with the antenna on the
existing towers or structures, or the antenna on the
existing towers or structures would cause interference
with the applicant's proposed antennas.
§;e. The fees, costs, or contractual provisions required by
the owner in order to share an existing tower or to
adapt an existing tower or structure for sharing are
unreasonable. Costs exceeding new tower development
are presumed to be unreasonable.
é-:f. The applicant demonstrates that there are other
limiting factors that render existing towers or
structures unsuitable.
44. The Board of Adjustment may approve variances from the
separation requirement provided that the applicant meets all
other provisions of Section 7.10.23(bN).
e;5. The separation distance of one mile between towers shall not
apply to properties that are proposed to be developed as a
"telecommunications tower farm", in order to. encourage
clustering of telecommunications towers on a single property,
provided that all other setback and separation standards as
specified in this section are met.
6. Unless otherwise granted a variance, telecommunications
towers shall be constructed in heights as provided below:
g. For a single user. up to one hundred (tOO) feet in
height;
b. For two users. up to one hundred fifty (150) feet in
height;
c. For three or more users. towers in excess of one
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hundred fifty (150) feet, but not taller than two
hundred fifty (250) feet, provided such towers are
constructed as a monopole as defined herein.
d. For the purpose of determining compliance with all
reQuirements of this Section, measurement of
telecommunications tower heiqht shall . include the
telecommunications tower structure itself, the base
pad, and any· other telecommunications facilities
attached thereto. Telecommunications tower height
shall be measured from grade.
Nr.-O BUILDINGS AND EQUIPMENT STORAGE AREAS.
It is recognized that each telecommunications tower will have some type of
associated electronic support and equipment buildings at or near the tower. Depending on
the type of tower being erected, the following general standards shall apply, in addition to
the other general provisions of the code.
1. Rooftop mounted tewcrs wireless facilities shall comply with the following
requirements:
a. . Rooftop equipment/storage cabinets shall be set back a minimum of
fifteen (15) feet from the edge of the roof or 1/4 of the distance
along the perpendicular axis of the roof, whichever is less.
b. All rooftop equipment buildings shall be finished, screened or
designed so that they blend into the architecture of the building on
which they are located.
f:.... All equipment buildings shall meet all County design standards and
comply with the buildinQ codes.
d. No commercial advertising, includinQ company name. shall be allowed
on an antenna, screen or equipment buildinQ.
e. No signals, lights, or illumination shall be permitted on an antenna or
eQuipment building unless reQuired by the Federal Communications
Commission or the Federal Aviation Administration. Security 1i9hting
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around the base of the antenna and equipment buildin9 may be
provided if such light conforms to the overspill requirement in the
County Code.
f. The only signage that may be permanently attached to the building
shall be for the purpose of identifying the party responsible for
operation and maintenance of the facility, its address, and telephone
number for safety and security and shall comply with this Code.
g. Mobile or stationary equipment not located within the building upon
which the antenna is mounted, or in an equipment buildin9 or cabinet,
shall not be stored or parked on the site of a building mounted
antenna, unless repairs to the antenna are being made.
2. Antennas located on power poles, street lights or other utility poles shall
comply with the requirements for collocations set forth herein and with the
following requirements.
a. Equipment/storage cabinets located on the ground in a public right of
way shall not exceed a total of twenty-five (25) square feet in area
without administrative approval
b. The height of any equipment/storage cabinet located on the ground
in a public right of way shall not exceed five (5)· feet without
administrative approval.
3. Antennas located on towers shall comply with the following requirements:
a. Equipment/storage facilities shall comply with the minimum building
setback standards of the zoning district in which they are located.
This requirement may be modified by the Board of Adjustment to
encourage collocation.
b. All equipment/storage facilities shall be screened in accordance with
the general requirements of Section 7.09.00.
4.' Generators may be used only when other power sources are not available,
and as an emergency back-up power source.
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N:-P . SUPPLEMENTAL REVIEW INFORMATION FOR WIRELESS
TELECOMMUNICATIONS TOWER CONDITIONAL USE APPLICATIONS.
In addition to the minimum standards of review set forth in this section, any
application for a conditional use permit for the construction of a
telecommunications tower shall address the following standards and requirements:
1. Compliance with the procedures and requirements of Section 11.07.00.
-h2. Availability of suitable existing towers, other structures, or economically
and technically feasible alternative technologies not requiring the use of
towers or structures.
~3.. Height of the proposed tower.
&4. Setback and separation distance between the proposed tower and the
nearest residential units, residential district boundaries, gnd platted
residentially zoned property, where applicable.
4:-5. Typography of the area where the tower is proposed to be located.
§';'6. Type, extent and density of existing native vegetation at the proposed site
and the surrounding tree coverage and foliage.
6-:7. Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness.
Camouflage tower designs shall be encouraged as meeting this criterion.
7:8. Proposed ingress and egress.
&9. A non refundable fee of five hundred dollars ($500.00) to reimburse the
County for the costs of reviewing the application.
G.Q... REMOVAL OF WIRELESS TELECOMMUNICATIONS TOWERS AND
ANTENNAS.
Any telecommunications tower or antenna that is not operated for a continuous
period of twelve (12) months shall be considered abandoned, and the owner of such
telecommunications tower or antenna shall remove the same within ninety (90) days
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of receipt of notice from the County notifying the owner of such abandonment.
Failure to remove an abandoned telecommunications tower or antenna within the
ninety (90) days shall be grounds for the County to remove the tower at the
expense of the owner. If there are two (2) or more users of a single
telecommunications tower·, the telecommunications tower shall not be considered
abandoned until all users cease using the telecommunications tower for a continuous
period of twelve (12) months.
P-:-R. PRE.:.EXISTING TELECOMMUNICATIONS TOWERS.
Any telecommunications tower erected before September 2, 1997 shall be allowed
to continue usages which existed on this date. Routine maintenance of the tower
and its support facilities is allowed to continue. Any existing tower that does not
meet the standards of this section shall not be required to meet these standards
unless and until the tower is proposed for replacement. At the time any existing
telecommunications tower is proposed to be replaced or substantially improved,
then the requirements of this section shall apply to the extent not prohibited by
Ch. 365.172 FL.Stat.
~S. INSPECTIONS, REPORTS, FEES, AND MONITORING.
A4~ Telecommunications tower owners shall submit a report to the CSl'\'\l'\'\uAit'f
Develspl'\'\eAtB Building Department certifying structural and electrical
integrity of the tower every five...@) years. The report shall be accompanied
by a non refundable fee of two hundred dollars ($200.00) to reimburse the
County for the cost of review.
&:-2. The County may conduct periodic inspections of telecommunications towers,
at the owner's expense, to ensure structural and electrical integrity and
compliance with the provision of this Ordinance. The owner of the
telecommunications tower may be required by the County to have more
frequent inspections should there be extraordinary conditions or other
reason to believe that the structural and electrical integrity of the tower is
jeopardized. There shall be a maximum of one inspection per year unless
extraordinary conditions warrant.
If, upon inspection, the County concludes that a tower fails to comply with
applicable laws, codes, regulations or permits or constitutes a danger to
persons or property, then upon notice being provided to the owner of the
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tower, the owner shall have thirty (30) days to bring such tower into
compliance with such standards. Failure to bring such communications
towers into compliance within thirty (30) days shall constitute grounds for
the removal of the telecommunications tower or antenna at the owner's
expense. If the eV.'l"Ier fails te bril"l~ sl:Ie:h tewcr il"lte cemplial"lcc withil"l
thirty (30) da'ls, thc eV.'I"Icrshall remeve ef the tewer at the eWl"ler's
e)( gel"lse.
T . PENALTIES.
Any person. firm or corporation who knowingly. breaches any provIsion of this
Section shall upon receipt of written notice from the County be given a time schedule to
cure the violation. Failure to commence to cure within thirty (30) days and to complete a
cure. to the County's satisfaction. within sixty (60) days. or such longer time as the
County may specify. shall result. in revocation of any permit or license and the County shall
seek any remedy or damages to the full extent of the law. This shall not preclude other
penalties allowed by law.
PART B.
SEVERABILITY.
The various parts, Sections and clauses of this Ordinance are hereby declared to
be severable. If any part, sentence, paragraph, Section or clause is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of the
Ordinance shall not be affected thereby. In the event of a subsequent change in
applicable law, so the provision which had been held invalid is no longer invalid the
provision shall thereupon return to full force and effect without further action by the
County and shall thereafter be binding under this Ordinance.
PART C.
INCLUSION IN THE CODE.
It is the intention of the Board of County Commissioners, and it is hereby ordained
that the provisions of this Ordinance shall become and be made a part of the Code of the
County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or
re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
PART D,
PROVISIONS OF THIS SECTION TO CONTROL.
Notwithstanding any contrary provisions of the County's Code of Ordinances,
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including the County's zoning regulations, the provisions of this new Ordinance shall
control.
PART E.
REPEALER.
Any ordinances or parts thereof in conflict with the provisions of this Ordinance
are hereby repealed to the extent of such conflict.
PART F.
EFFECTIVE DATE.
This ordinance shall be effective upon filing with the Department of State.
PART G.
APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART H.
FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance
to the Bureau of Administrative Code and Laws, Department of State, The Capitol,
Tallahassee, Florida 32304.
PART I.
ADOPTION
After motion and second, the vote on this ordinance was as follows:
Chairman Joseph E. Smith
Vice Chair Paula A. Lewis
Commissioner Chris Craft
Commissioner Doug Coward
Commissioner Charles Grande
AYE
AYE
NAY
AYE
AYE
ç~ACT~Þthis 17 day of June, 2008.
"- ,..'
ATTEST:
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APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
!tI----
ItØ- COUNTY ATTORNEY
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