HomeMy WebLinkAbout18-006JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE 4 4437742 0511812018 02:40:36 PM
OR BOOK 4134 PAGE 1472 - 1539 Doc Type: ORDN
RECORDING. $579.50
ORDINANCE NO. 2018-006
AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA AMENDING
THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO
AMEND CHAPTER II, SECTION 2.00.00 DEFINITIONS; TO
REPEAL CHAPTER VII, SECTION 7.10.27 COMMUNICATIONS;
TO AMEND CHAPTER VI, SECTION 7.10.23,
TELECOMMUNICATIONS TOWER SITING, BY AMENDING THE
FOLLOWING SUBSECTIONS: DEFINITIONS; GENERAL
PROVISIONS; APPLICATIONS FOR NEW WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS;
BUILDING CODES/SAFETY STANDARDS; REQUIREMENT OF
SITE PLAN AND ENGINEERING REPORT; SECURITY FUND;
GENERAL REQUIREMENTS FOR THE LOCATION OF NEW
WIRELESS TELECOMMUNICATIONS TOWERS ON COUNTY
PROPERTY; INITIAL WIRELESS TELECOMMUNICATIONS
ANTENNAS ON EXISTING STRUCTURES; COLLOCATION OF
WIRELESS ANTENNAS ON EXISTING TOWERS AND
STRUCTURES; ROOFTOP MOUNTED TELECOMMUNICATIONS
TOWERS AND ANTENNAS; PROPOSED FACILITIES
MODIFICATION APPLICATIONS; SETBACKS;
SEPARATIONIHEIGHT; BUILDING AND EQUIPMENT STORAGE
AREAS; REMOVAL OF ABANDONED WIRELESS
TELECOMMUNICATIONS TOWERS, FACILITIES AND
ANTENNAS; PRE-EXISTING TELECOMMUNICATIONS
TOWERS; INSPECTIONS, REPORTS, FEES, AND MONITORING;
AMATEUR RADIO ANTENNAS; PENALTIES; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND PROVIDING
FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING
FOR THE TERMINATION OF MORATORIUM ADOPTED
PURSUANT TO ORDINANCE 17-018 AS EXTENDED BY
RESOLUTION RES 2018-8; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Congress of the United States adopted the Telecommunications
Act of 1996, 47 U.S.C. § 151 et seq. ("96 Act") and the Federal Communications
Commission ("FCC") promulgated Orders thereto, 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 statutes apply to the County's authority to regulate the siting of
wireless telecommunication facilities; and
WHEREAS, the "Middle Class Tax Relief and Job Creation Act ("Spectrum Act") (PL -
122 -96; codified at 47 U.S.C. § 1455(a)) and FCC orders promulgated thereto, codified at 47
Page 1 of 68
St. Lucie County LDC Ord. 5115/18 — Final
C.F.R. § 1.4000 1, address, inter glia, local governments' regulation of the modification of existing
wireless antenna support structures and base stations; and
WHEREAS, Article VIII, Section 1, of the Florida Constitution, vests the Board of County
Commissioners with the authority to legislate countywide, except within a municipality that has
adopted an ordinance which conflicts with a County ordinance; and
WHEREAS, it is the County's legislative intent to implement the adopted County
Comprehensive Plan by continuing to ensure the highest quality living environment possible by
developing zoning and development codes based on objectives and policies that will enhance St.
Lucie County's natural and man-made resources while minimizing any damage or threat of
degradation to the health, safety and welfare of the county's citizens, native wildlife and
environment; and
WHEREAS, it is the County's intent to balance growth, safety, aesthetics, the
compatibility of land uses and consistency with community vision; and
WHEREAS, it is the County's intent to establish standards in compliance with applicable
federal and state laws; and
WHEREAS, this Board is authorized by Section 125.01(l)(t) to adopt ordinances and
resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the
violations of ordinances in accordance with law; and
WHEREAS, on May 1, 2018, the Board adopted Ordinance 2018-002, amending Chapter
44, Article I, Sections 44-1 — 44-18, of the County Code, creating the St. Lucie County
Communications Rights -of -Way Ordinance, providing for the processing of applications for
communications facilities in the County public rights-of-way and the regulation of such facilities;
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 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, there have been significant advances in telecommunications technology as
well as revisions in applicable federal and state Iaw since the adoption of the Land Development
Code; and
WHEREAS, Federal Communications Commission (FCC) licensed amateur radio is
regulated only by Section 7.10.23(U) in this Ordinance; and
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St. Lucie County LDC Ord. 5115118 — Final
WHEREAS, the Board of County Commissioners seeks to avoid adverse impacts on
residential zoning districts from the construction of new telecommunications towers; and
WHEREAS, on April 19, 2018, 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 May 1, 2018, this Board held its first public hearing on the proposed
ordinance, after publishing a notice of such hearing in the Tribune; and
WHEREAS, on May 15, 2018, this Board held its second public hearing on the proposed
ordinance after publishing a notice of such hearing in the Tribune; 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 hoard 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 INCLUDE`:
CHAPTER II — DEFINITIONS
2.00.00 — DEFINITIONS
When used in. this Code, the following terms shall have the meanings herein ascribed to them:
Accessory Security Residence: One dwelling unit contained within the commercial building for
on-site security pumoses.
Language to be deleted is indicated by a str+lcetl}reugh; language to be added is indicated by underline.
Page 3 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
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Accessory Security Residence: One dwelling unit contained within the commercial building for
on-site security pumoses.
Language to be deleted is indicated by a str+lcetl}reugh; language to be added is indicated by underline.
Page 3 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
Accessory Use: For purposes of Section 7.10.23, 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.
Amateur Radio Antenna: An antenna used to engage in amateur radio communications utilized by
a Federal Communications Commission (FCC) licensed amateur radio operator.
Antenna: A transmitting and/or receiving device mounted on a tower, building or structure and
used in telecommunications personal wireless services that radiates or captures electromagnetic
waves, digital signal, analog signals, and radio frequencies, directional antennas such as panel
and microwave dish antennas, and omni -directional antennas such as whips but excluding; small
wireless facilities as defined in the St. Lucie County Communications Rights -of -Way Ordinance,
Chapter 44, Article I of the Code of Ordinances, radar antennas, amateur radio antennas, and
satellite earth stations.
Applicant owner, licensed contractor, and/or lesseel: For pMoses of Section 7.10.23 a person or
entityproperty owner authorization, with an application before the County for a permit for a
wireless service facility.
Base Station: A structure or equipment at a fixed location that enables FCC -licensed or authorized
wireless communications between user equipment and a communications network. To the extent
not inc_on_sistent with applicable law, this term Base Station does not include a utility pole for the
collocation of a small wireless facility in the County's public rights-of-way pursuant to the St.
Lucie County Communications -Rights -of -Way Ordinance, Chapter 44, Article L of the County
Code. The term Base Station does not encompass a tower as defined herein or any equipment
associated with a tower. Base Station includes but is not limited to:
i. Equipment associated with wireless communications services such as private,
broadcast, and public safety services, as well as unlicensed wireless services and
fixed wireless services such as microwave backhaul;
ii. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration
(including, ,Distributed Antenna Systems ("DAS") and small-cell networks)-, and
iii. Anstructure other than a tower that at the time the relevant a lication is filed
with County under this article, supports or houses egu, ipment described _ in
subparagraphs (i) -(ii) above, and that has been reviewed and approved under the
applicable zoning or siting process, or under another State or local regulatory
review process, even if the structure was not built for the sole or primary pMose
of providing such support. Base Station does not include any structure that, at the
time the relevant application is filed under this section, does not support or house
equipment described in (a) or (b) of this section.
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St. Lucie County LDC Ord. 5115118 — Final
Broadcasting Facility: Any telecommunications tower built primarily for the purpose of
broadcasting licensed AM, FM or television signals pursuant to 47 C.F.R. Part 73 of the FCC rules,
as it may be amended.
Building -permit Review: A review for compliance with building constructions standards adopted
by the County under Chapter 553 and Chapter XIII of the County Land Development Code and
does not include a review for compliance with land development regulations.
Carrier: 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.
Cell on Wheels (COD: A temporaryportable wireless communications facility used to
provide emergency or temporary transmission capacity.
Collocation: For purposes of an Eliaible Facilities Modification, the mounting or installation of
transmission equipment on an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes. "Collocation" for all other
purposes, means the situation when a second or subsequent wireless carrier use an existing
structure to locate a second or subsequent antennas. The term includes the round platform, or
roof installation of equipment enclosures cabinets or buildings, and cables brackets and other
equipment associated with the location and operation of the antenna.
County: St. Lucie County, a political subdivision of the State of Florida, in its present form or
in any later reorganized, consolidated, or enlarged Form.
Eligible Facilities Modification Application: A written document submitted to the County
pursuant to this article for review and approval of a proposed eligible facilities modification.
Elizible Facilities Modification: Anv reauest for modification of an existing tower or base station
that does not result in a substantial change in the physical dimensions of such tower or base station,
involving:
Collocation of new transmission equipment;
Removal of transmission equipment; or
Replacement of transmission equipment.
Eli ible Facilities Modification Permit: A written document issued by the County pursuant to this
article, approving an eligible facilities modification application.
Eligible Support Structure: Any tower or base station as defined in this section, provided that it is
existing at the time the relevant application is filed with the County under this article.
Page 5 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
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Carrier: 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.
Cell on Wheels (COD: A temporaryportable wireless communications facility used to
provide emergency or temporary transmission capacity.
Collocation: For purposes of an Eliaible Facilities Modification, the mounting or installation of
transmission equipment on an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes. "Collocation" for all other
purposes, means the situation when a second or subsequent wireless carrier use an existing
structure to locate a second or subsequent antennas. The term includes the round platform, or
roof installation of equipment enclosures cabinets or buildings, and cables brackets and other
equipment associated with the location and operation of the antenna.
County: St. Lucie County, a political subdivision of the State of Florida, in its present form or
in any later reorganized, consolidated, or enlarged Form.
Eligible Facilities Modification Application: A written document submitted to the County
pursuant to this article for review and approval of a proposed eligible facilities modification.
Elizible Facilities Modification: Anv reauest for modification of an existing tower or base station
that does not result in a substantial change in the physical dimensions of such tower or base station,
involving:
Collocation of new transmission equipment;
Removal of transmission equipment; or
Replacement of transmission equipment.
Eli ible Facilities Modification Permit: A written document issued by the County pursuant to this
article, approving an eligible facilities modification application.
Eligible Support Structure: Any tower or base station as defined in this section, provided that it is
existing at the time the relevant application is filed with the County under this article.
Page 5 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
Equipment Building: 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 sppplies,cable connections and supports electrical
anis and similar accessory components.
Essential Services: 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.
Existing: For purposes of an Eligible Facilities Modification, a constructed tower or base station
that has been reviewed or approved under the applicable zoning or siting process of the County
or under another State or local regulatory review process, provided that a tower that has not been
reviewed and approved because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this definition.
Existing Structure: As used in Section 7.10.23, 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.
Fall Radius: The calculated distance measured from the center of the base of a tower which
defines the maximum circular area into which the tower ander any further distance in which any
part of a tower may fall in case of structural failure or collapse. The fall ,-,,,1 us is e le la4e
through
o
Historic Building, Resource, Structure, Site, Object, or District: When used in Section in 7.10.23,
means any building, resource, structure, site, object, or district that has been officially designated
as a historic. building, historic resource, historic structure, historic site, historic object, or historic
district through a federal, state or local designation program,
Interference or Interfere: The impairment of transmission or reception of any desired
communications or radio frequencies
Lund Development Regulations:... An ordinance enacted by the County for the regulation of an
aspect of development, includingzoning, oning, 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.
Lattice Tower: A telecommunications tower that is constructed to be self-supporting by lattice
type supports and without the use of guy wires or other supports.
Licensed Engineer: A person who satisfies the requirements of Section 471.003, Florida Statutes.
Microwave Dish Antenna: A dish -shaped device used to transmit and/or receive microwave signals in a
straight line to and from similarly earth bound point sources.
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St. Lucie County LDC Ord. 5/15/18 — Final
Monopole Tower: 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.
Personal Wireless Service: Commercial mobile services, licensed wireless services, and common
carrier wireless exchanize access services, and shall include "wireless service" as defined in
Section 365.172, Florida Statutes, as amended, as well as "personal wireless services" as defined
in 47 USC U22(c)(7)(C)(i), as amended.
Personal Wireless Service Facilities: Facilities for the provision of personal wireless services. A
Mower, light, or other utility pole used exclusively as such prior to attachment of aep rsonal wireless
service facility shall not be considered a personal wireless service facility because of such
attachment.
Pre -Existing Towers and Pre -Existing Antennas: Any permitted existing tower or antenna
constructed or existing prior to September 2, 1997, or any telecommunications tower or antenna
for which a building_ permit or special use permit has been properly issued and finalized, including
permitted telecommunications towers or antennas that have not yet been constructed so long as
such approval and building_ permit is current and not expired.
Pronosed Facilities Modification: Anv reauest for modification of an eligible sunnort structure
which the applicant asserts is subject to review under the Middle Class Tax Relief and Job Creation
Act ("Spectrum Act" PL -122-96• codified at 47 U.S.C. 1455(a)) and FCC orders promulgated
thereto, codified at 47 C.F.R. X1.40001, and involving:
i. Collocation of new transmission equipment,
ii. Removal of transmission equipment, or
iii. Replacement of transmission equipment.
Public Safety Communications Facility: Any wireless communications facilities used by
municipal, County, state or federal government agencies for the primary yMose of providing
public safety related communications, including but not limited to, wireless communications for
police, fire and emergency services.
Search Area: The geographic area, in which a telecommunications facility must be located in
erder--to provide FCC required coverage of the applicant's designed service areas, as certified
by an Radio Frequency (RF) engineer as *^ , a:. �^ �� es, or other
such appropriate technical expert.
Stealth Tower or Camouflage Tower. Equipment Building or Antenna Structure. A designed
structure that encloses, obscures or conceals the presence of an antenna, equipment building and/or
telecommunications tower_ such that the tower, equipment building and/or antenna blends into the
environment. For example, the following may be determined to be a stealth, or camouflage tower,
equipment building or antenna: towers and antennas integrated into man-made trees that are
similar in height, branches and leaf coverage to natural trees occurring on the proposed site, clock
towers bell steeples, li ht poles, architecturally screened roof mounted antennas equipment
buildings installed below ;grade or not visible beyond the property as a result of landscaping or
Page 7 of 68
St. Lucie County LDC Ord. 5115118 — Final
other buffering, and similar alternative designs. Stealth or camouf_Age tower may also be
referenced as an "Alternative Tower Structure."
Substantial Change: A modification that changes the physical dimensions of an Eligible Support
Structure if it meets anv of the following criteria:
i. For towers other than towers in the public rights-of-way, it increases the height of
the tower by more than 10% or by the height of one additional antenna array with
se aration from the nearest existing antenna not to exceed twenty feet whichever
is greater; for other eligible support structures,_ it _increases the height of the
structure by more than 10% or more than ten feet, whichever is greater;
ii. For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the
tower more than twenty feet, or more than the width of the tower structure at the
level of the appurtenance, whichever is greater; for other eligible support structures,
it involves adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
iii. For any eligible support structure, it involves installation of more than the standard
number of new equipment cabinets for the technology involved, but not to exceed
four cabinets; or, for towers in the public rights-of-way and base stations, it involves
installation of any new equipment cabinets on the ground if there are no pre-existing
ground cabinets associated with the structure, or else involves installation ofrg_ ound
cabinets that are more than 10% larger in height or overall volume than any other
ground cabinets associated with the structure;
iv. It entails any excavation or deployment outside the current site;
V. It would defeat the concealment elements of the eligible support structure,• or
Vi. It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible` support structure or base station
equipment, provided however that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified in sub -paragraphs (i) -(iv) of this section.
Telecommunications Facility Operator- A provider of telecommunications services, or an owner
or operator of a Telecommunications Facility.
Page 8 of 68
St. Lucie County LDC Ord. 5115118 -- Final
thereto,1�91vet- or !�qwer.- Any strueture, and support
designed an
eenstfucted ppimar-ily for the purpose of supporting one (1) of more antennae intended to provide
teleeemMUniCati0fl services including lattice, monopole and guyed towers. The term includes
,
unlicensed wireless serviees (te!eeaFnmtmiea4.'-I. — ---I usiiig cluly authorized devioes Whi
do notr-equiFeindividual ual lice es) and1,
"�uize-ai-�b4T��s c�ccrraTrge ucceSSscr-V=recs—aT
ef
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a) A str-ttEtm-e suppefting a utility transmisr din , and
valtage utilily ir-ansmission line(s), and antenna(e), when laeated in non residential zo
districts, and
e) A street „ supper -ting amateur- radio , „+e nti only,
afid
d) A structure supperting a Fadio, television or satellite r-eeeiving antenna for- fesidefitial
uses anlr
Telecommunications Tower Height or Height: When referring to a wireless telecommunications
tower or other structure, the distance measured from the finished grade ora parcel to the highest
point on the tower or other structure, including the base pad and any antenna, but excluding
lights and lightening; rods.
Transmission Equipment: Equipment that facilitates transmissions for any FCC -licensed or
authorized wireless communication service including,but not limited to radio transceivers
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including but not limited to,riprip •vate,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul and the associated site, and shall not include for example:
utility poles, light poles, pedestrian signalized poles or signalized intersection poles, masts, or
similar vertical structures that have a primary purpose or function„ independent of supporting a
wireless telecommunications facility.
Wireless Communications Facility or Telecommunications Facility: AU 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 existin
structure to become a wireless communications facility. Such definition shall not include facilities
of a j4overnmental entity where such facilities are utilized to provide intra -governmental
communication, note�y available to the public, to protect the health, safety and welfare of
the public, including but not limited to the South Florida Water Management, District.
Wireless Telecommunications Service: Personal wireless service or "commercial mobile radio
service" as provided under ss. 3(27) and 332(d) of the Federal Telecommunications Act of 1996,
47 U.S.C. §§ 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 communications used in cellular
telephone service-, personal communications service-, or the functional or competitive e uivalent
Page 9 of 68
St. Lucie County LDC Ord. 5/15/18 - Final
of a radio -telephone communications line used in cellular telephone service, aerg sonal
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.
Wireless Tower or Telecommunications Tower or Tower: Any structure, and support_ thereto,
designed and constructed for the sole or primary purpose of supporting one (1) or more antennas
and their associated equipment intended for transmitting or receiving wireless
telecommunications services, telephone, radio and similar communication purposes, licensed or
authorized by the FCC to the extent rewired, including lattice, monopole and guyed
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, among others, To the extent not inconsistent with
applicable law, the term Wireless Tower or Telecommunications Tower does not include a utility
pole for the collocation of a small wireless facility in the County's public rights-of-way pursuant
to the St. Lucie County Communications Rights -of -Way Ordinance, Chapter 44, Article I, of
the County Code. A Wireless Tower, Telecommunications Tower or Tower shall not include the
following:
1. A cell -on -wheels authorized pursuant to Section 7.10.23,
2. A structure supporting a utility transmission lines only,
3. A structure up to one hundred fifty (150) feet in height supporting a 69KV or higher
voltage utility transmission line(s), and antenna(), when located in non-residential
zoning districts,
4. An amateur radio antenna or its support apparatus, and
5. A structure supporting a radio, television or satellite receiving antenna for residential
uses only.
CHAPTER VII — DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
SECTION 7.10.27. RESERVED.
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Page 27 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
CHAPTER VII
SECTION 7.10.23 TELECOMMUNICATIONS TOWER SITING
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. Accommodate therg owing need and demand for reliable wireless communications
services by permitting the sitiniz of wireless telecommunications towers and
antennas within the County's boundaries and provide reasonable accommodation to
promote and to encourage fair and reasonable competition among
telecommunications service providers or providers of functionally equivalent
services on a neutral and nondiscriminatory basis;
3. Minimize potential impacts of towers upon residential areas and land uses;
4. Encourage and promote the location of towers in nonresidential areas, where the
adverse impact on the community is minimal;
Page 28 of 68
St. Lucie County LDC Ord. 5115/18 — Final
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CHAPTER VII
SECTION 7.10.23 TELECOMMUNICATIONS TOWER SITING
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. Accommodate therg owing need and demand for reliable wireless communications
services by permitting the sitiniz of wireless telecommunications towers and
antennas within the County's boundaries and provide reasonable accommodation to
promote and to encourage fair and reasonable competition among
telecommunications service providers or providers of functionally equivalent
services on a neutral and nondiscriminatory basis;
3. Minimize potential impacts of towers upon residential areas and land uses;
4. Encourage and promote the location of towers in nonresidential areas, where the
adverse impact on the community is minimal;
Page 28 of 68
St. Lucie County LDC Ord. 5115/18 — Final
5. 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;
6. 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;
7. 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 Florida Building Code applicable to similar structures; and
8. Enhance the ability of the providers of wireless telecommunications services to
provide such services to the community through an efficient and timely application
process..-;
9. Encourage the location and collocation of antennas on existing structures thereby
minimizing new visual impacts and reducing the need for additional antenna
support structures;
10. Further the balance between predictability for the communications industry in the
placement of wireless telecommunications facilities and appropriate land use
regulations to protect the aesthetic integrity and public safety of the County's
residents, visitors and businesses;
11. Establish appropriate zoning requirements, including but not limited to
setback and distance separation requirements, aesthetics, landscaping land
use based location priorities, and structural design for wireless
telecommunications towers and antennas within the Count 's boundaries
with due consideration to the County's comprehensive plan, zoning map,
existing land uses and environmentally sensitive areas, including hurricane
preparedness areas;
12. Establish setback and distance separation requirements for towers that do not
exceed the minimum distance necessary to satisfy structural safety or aesthetic
concerns;
13. Adopt rep_ulations that are consistent with applicable federal and state laws,
including but not limited to the Telecommunications Act of 1996, which as set
forth in 47 U.S.C. § 332(c)(7)(B)(iv), expressly_ preempts, state and local
government regulation of the placement, construction, and modification of personal
wireless service facilities on the basis of the environmental effects of radio
frequency emissions to the extent that such facilities comply with the FCC's
regulations concerning such emissions and Section 365.172 13 Florida Statutes;
14. Establish procedural requirements and substantive criteria applicable for the review
and approval or denial of applications for eligible facilities modification;
15. Ensure that application submittal requirements for eligible facilities modifications
are related to information reasonably necessary to the determination of whether or
not the proposed modification will result in a substantial change in the physical
dimensions of the eligible structure;
16. Exempt facilities modifications approved under this section as eligible facilities
requests from zoning. and development regulations that are inconsistent with
Page 29 of 68
St, Lucie County LDC Ord. 5115118 — Final
Section 6409 of the Spectrum Act, Middle Class Tax Relief and Job Creation Act
("Spectrum Act") (PL -122-96-, codified at 47 U.S.C. 1455(a)) and FCC orders
promulgated thereto, codified at 47 C.F.R. § 1.40001;
17. Establish specific regulations, which are limited to Section 7.10.23(U) in this
section, for Federal Communications Commission (FCC) licensed amateur radio;
and
18. Preserve the County's right_to continue to enforce and condition approvals pursuant
to this Section on compliance with generally applicable building, structural,
electrical and safety codes and with other laws codifying objective standards
reasonably related to health, safety and welfare.
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. The terms used in this Section, the following tefms will have the meanings set
forth below, in
the Land Development Code, Chapter II — Definitions, Section 2.00.00. — Definitions.
11 IF
telecommunications
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Page 30 of 68
St. Lucie County LDC Ord. 5/15118 — Final
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that dir-eetly r -elate !a the health and safet, of it, residents, ineluding fire, poliee and fesette.
``Existing " means a strue-I ah -At exists at the time an application for permission to pla
antennas on a struetul-re, is Aled- w4h the Geuf4y. The term includes any structure that can
means the pfiee at ,.,h:,.h n willing sella,- or telecommunications , afid WilliRg bldyef,
se. A— pi:evider seeking to t!ent space on ownefs' teleeemmunicatians tower, will t
Page 31 of 68
St. Lucie County LDC Ord. 5115118 Final
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St. Lucie County LDC Ord. 5115118 Final
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Page 32 of 68
St. Lucie County LDC Ord. 5115118 — Final
C. General.
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 all remaining zoning districts. A proposed
telecommunications tower in a residential zoned district must be stealth and may
be approved as a conditional use. A proposed Telecommunications Tower must
include the attachment of a Wireless Communications Facility such as Antennas to
be used for the provision of Wireless Telecommunications Services. A proposed
Telecommunications Tower that does not include Wireless Communications
Facilities to be used for the provision of Wireless Telecommunications Service
shall not be approved in any zoning district.
2. Priority siting locations.
a. Any new Wireless Telecommunications Facility including but not limited
to a Tower shall be subject to a determination of the appropriate siting
location priorities range from 1 to 7, with the preferred siting location found
in Priority I and the least desirable siting location found in Priority 7. In the
event that a proposed Wireless Communications Facility or Tower cannot
be sited to comply with a location in Priority 1, the development application
shall demonstrate why a lower priority site is necessary. The information
to demonstrate why a higher siting priority is not possible shall include the
information set forth in subsection 7.23.10(C)(6)(a). In addition, the
collocation preference set forth in subsection 7.23.10(C)(5) shall take
precedence over the siting of a new Tower in any siting priority_
b. Prioritv 1. Collocation of a wireless communications facility on existin
towers or antenna support structures is preferred. Notwithstanding this
provision, a tower or wireless communications facility on County -owned
property, not includingtroperty within the public rights-of-way, with an
appropriate agreement with the County, shall be considered a Priority 1
siting location. Nothing herein shall require that the County provide access
to County owned or controlled property. Only when it can be demonstrated
that there are no feasible existing towers, structures or site on County -
owned property for the proposed tower, can an applicant propose a lower
priority site for a proposed tower.
C. Prioritv 2. If a proposed wireless tower or communications facility cannot
comply with a site specified in Priority 1, the applicant may propose a new
monopole or stealth tower on property designated "AG -5" Agricultural -5,
"IL" Industrial Light, ""IH" Industrial Heavy, and "U" Utility on the zoning
Map.
Page 33 of 68
St. Lucie County LDC Ord. 5/15118 — Final
d. Priority 3. If a proposed wireless communications facility cannot comply
with Priorities 1 or 2, the applicant may propose a new monopole or stealth
tower on property designated "CG" Commercial General, "CO,"
Commercial Office, or "CN" Commercial Neighborhood on the zoning
map.
C. Priority 4. If a proposed new telecommunications tower cannot coinpy with
Priority I, 2, or 3, the applicant may propose a new monopole or stealth
tower on property within any other zoning district, other than residential
zoning district on the zoning map, unless specifically excluded.
f. Priority 5. If a proposed new telecommunications tower_ cannot comply
with Priority 1, 2, 3, or 4 the applicant may propose a new tower (that does
not have to be a monopole or stealth tower) on property owned by the
County or on property designated "AG -5" Agricultural -5, "IL" Industrial
Light, "IH" Industrial Heavy, and "U" Utility, "CG" Commercial General,
"CO," Commercial Office, or "CN" Commercial Neighborhood on the
zoning maw.
g_ Priority 6. If a proposed new telecommunications tower cannot coml2ly
with Priority 1, 2, 3, 4 or 5, the applicant mqy propose a new tower (that
does not have to be a monopole or stealth tower) on property within any
other zoning district, other than residential zoning on the zoning maw
h. Priority 7. If a proposed new telecommunications tower cannot comply
with Priority 1, 2, 3, 4, 5, or 6, the applicant may propose a new stealth
tower on property within a residential zoning district on the zoning map in
a location that would minimize adverse impacts on adjacent residential
properties.
3. Telecommunications towers may be located as a 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.
4. Broadcasting Facilities' ^ mateu - Radio St.,tie Oper Aer- /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
�,y federally heense n,.,�,teur radio station operate or is used exclusively for
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receiving only antennas. Telecommunications facilities owned by the County
shall not be subject to this Section 7.10.23, except as specifically referred to
herein to the extent not inconsistent with applicable law.
5. Except to the extent not consistent with applicable law, the County hereby
establishes a preference for the use of approved pre-existing towers, structures and
technologies when feasible for the applicant's proposed wireless
Page 34 of 68
St. Lucie County LDC Ord. 5/15118 — Final
telecommunications service, as opposed to the construction of new towers, with
respect to all siting priorities. Collocation of teleeemmunieatiens antennas by more
than one (1) provider onrLe-existing telecommunications towers, structures, or
technologies shall take precedence over the construction of new
telecommunications towers. Accordingly, each application shall include a written
report certified by a professional licensed 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 existing site, and that no existing tower or structure within one
ha4f mile the search area of the proposed site can accommodate, or be modified to
accommodate the applicant's proposed facility.
6. Inventory of Existing Sites.
a. Each applicant shall review the County's inventory ofrje-existing towers,
antennas, and approved sites. 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 shall be approved unless the applicant
demonstrates to the reasonable satisfaction of the County that no pre-
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
ire -existing telecommunications tower, structure or alternative technology
is suitable shall consist of any of the following:
An affidavit demonstrating that the applicant made diligent efforts
but was unable to obtain fer-permission to install or collocate the
applicant's telecommunications facilities on County owned
telecommunications towers or usable antenna support located within
as applicable, the search area or a one -half -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 pre-existing towers or useable antenna support structures owned
by other persons located within as applicable, the search area or a
one -hag -mile radius of the proposed telecommunications tower site.,
but was unable to obtain permission.
iii. Pre-eExisting towers or structures do not have sufficient structural
strength and cannot__ reasonably be modified to support applicant's
proposed antenna and related equipment as demonstrated by
supporting plans and calculations by a licensed engineer
experienced in the design of wireless „telecommunications facilities.
iv. The applicant's proposed antenna would cause eleet..,.,v,n,.na*��
interference with the antenna on the pre-existing towers or
structures, or the antenna on the >> re -existing towers or structures
Page 35 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
would cause interference with the applicant's proposed antenna and
such interference cannot reasonably be eliminated as demonstrated
by a licensed engineer.
V. The fees, costs, or contractual provisions required by the owner in
order to share an existing tower or structure or 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 with support from a licensed engineer
that no pre-existing tower or structure located within the search area
has the cqpacity capacityto provide reasonable technical service is of
sufficient height to meet applicable requirements, or there are other
limiting factors that renderrLe-existing towers or structures
unsuitable.
vii. The applicant demonstrates that alternative technology used in the
wireless telecommunications business and within the scope of
applicant's FCC license, is economically or technically not feasible.
7. 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 surrounding 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 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-hour emergency telephone number posted adjacent to the gate.
Page 36 of 68
St. Lucie County LDC Ord. 5/15/18 Final
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7. 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 surrounding 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 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-hour emergency telephone number posted adjacent to the gate.
Page 36 of 68
St. Lucie County LDC Ord. 5/15/18 Final
d. If high voltage is necessary for the operation of the telecommunications
tower or any accessory structures, "HIGH VOLTAGE—DANGER"
warning signs shall be permanently attached to the fence or wall
surrounding the structure and spaced no more than forty (40) feet apart.
"NO TRESPASSING" warning signs shall be permanently attached to the
fence or wall and spaced no more than forty (40) feet apart.
f. The height of the lettering of the warning signs shall be at least twelve (12)
inches in height. The warning signs shall be installed at least five (5) feet
above the finished grade.
9. Parking shall be in compliance with Section 7.05.00 and 7.06.00 of this Code.
10. 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.
It. Telecommunication tower setbacks and separation standards, as provided in
Sections 7.10.23(NM) and 7.10.23(1 0)(1) of this Code shall be calculated and
applied to telecommunications tower facilities located in the County irrespective of
municipal and county jurisdictional boundaries.
12. Telecommunications towers shall be regulated and permitted pursuant to this
Section and shall not be regulated as essential services, public utilities, or private
utilities.
13. 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. Applications for New Wireless Telecommunications Towers and Antennas.
Prior to submitting an application for a new Tower or antenna, the applicant shall
engage in a pre -submission meeting with the County Administrator. At the
discretion of the County Administrator, such meeting mqY be waived or mqy be
conducted via telephone or electronic communications. The County shall grant or
deny each properly completed application for any wireless communications
facility, not otherwise subject to Sec. K, based on the applicant's compliance with
the County's applicable regulations, including but not limited to land development
regulations, 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.
Page 37 of 68
St. Lucie County LDC Ord. 5/15/18 – Final
2. a. Completeness of Applications.
An application is deemed submitted or resubmitted on the date the application is
received by the County. If the County does not notify the applicant in writing 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
longer than twenty (20) business days after the additional information is submitted,
of any remaining 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.
b. Supplements to Applications.
If an application is subject to a state or federal timeframe for review and
determination (i.e. "shot clock"), to allow sufficient time for review, an applicant
may not submit corrected new or supplemental materials without the consent of
the County Administrator, unless an applicant was notified that the application was
incomplete. The County Administrator may determine not to review or to provide
comment on corrected, new or supplemental materials after the application is
scheduled for a public hearing without good cause.
with plaeemei + e f seef4ei i fies without irAe f ,.eneeor- penalty. The time frames
specified in this subsection 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 "s subseet 5. Under such circumstances, the
County will act to either grant or deny the application at its next regularly scheduled
meeting of et#envisethe application is deemed to be automatically-appreved. The
County may request, but not require, a waiver of the timeframes by the applicant,
Page 38 of 68
St. Lucie County LDC Ord. 5115118 — Final
except that, with respect to a specific application, a one-time waiver may be
required in the case of a declared local, state, or federal emergency that directly
affects the administration of all permitting activities of the County. Applicants
regulated by this Or -d nanee may request a subsequent or additional 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 such conference.
4. It is the County's intention that the requirements of this Section 7.10.23 shall not
prohibit or have the effect of prohibiting the ability of a service provider to provide
wireless services in violation of Federal law. If an applicant maintains that
compliance with one or more of the provisions of this Section will prohibit or have
the effect of prohibiting the provision of wireless services in violation of Federal
law, the applicant may apply for a variance to be exempted from the requirements
of one or more provisions of this Section for its proposed wireless
telecommunications facility or tower. In such circumstances, the applicant shall
include an affidavit from a licensed engineer specifying in detail why such
provisions wouldrroohibit or have the effect of prohibiting the provision of wireless
service and what modifications or exemptions, if any, to the provisions of this
Section may be necessary. The County shall review such application for a variance
pursuant to the Count procedures for processing variances. The timeframes for
review and approval of an application contained herein, shall not apply to an
application for a variance.
E. 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 F.S. § 365.172, the Telecommunications Act of 1996 or the
Spectrum Act, 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 telecommunication 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 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 a violation of this Ordinance and
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 professional
Page 39 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
licensed 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
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 regulations except
evidence of compliance with applicable Federal Aviation Administration
requirements, and evidence of proper FCC license or other evidence of FCC
authorized spectrum use, the County may request the FCC to provide information
as to a wireless provider's compliance with federal regulations, as authorized by
federal law.
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 licensed engineer
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 following:
1. A site plan of the property within three hundred percent (300%) 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 including:
i. A tax parcel number, legal description of the parent tract and leased
parcel, total acres, and Section/Township/Range of the subject
property;
ii. The lease parcel fully dimensioned, including property lines,
setbacks, roads on or adjacent to the subject property, casements;
iii. Outline of all existing buildings, including a purpose (i.e.,
residential buildings, garages, accessory structures, etc.) on subject
property located within three hundred percent (300%) 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 subject property located within three hundred percent (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. Proposedlexisting access easements, utility easements, and parking
for the telecommunications tower;
vii. All proposed changes to the subject property, including grading,
vegetation removal, temporary or permanent roads and driveways,
Page 40 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
storm water management facilities and any other construction or
development attendant to the telecommunications tower;
viii. If applicable, on-site and adjacent land uses, and Comprehensive
Plan classification of the site.
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. A statement that the proposed tower, within a reasonable period following
the completion of construction, will be used for the provision of wireless
communications services. If the applicant or tower owner is not a carrier or
provider of wireless communications services the application shall include
qppropriate documentation confirming that the tower will be used for the
attachment of wireless communications facilities for the provision of
wireless communications services. Such documentation may include a
lease or license, with confidential information redacted, between the tower
owner and a provider of wireless communications services.
be. 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;
ed. 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;
de. Dimensions of the tower specified for all three (3) directions: height, width
and breadth. These shall be provided for the antennas, mounts, equipment
shelters and security barrier, if any; and
ef. 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 height, width
and breadth, as well as at a distance of two hundred fifty (250) feet and five
hundred (500) feet from the subject property line all properties within
that range, or at other points agreed upon in a pre -application conference.
34. 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
Page 41 of 68
St. Lucie County LDC Ord. 5115118 Final
applicant. No telecommunications tower shall be permitted or be permitted to be
modified so as to exceed its wind -loading capacity.
4-5. 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.
5. Non-interference with Public Safety Telecommunications facilities. A wireless
communications facility shall not create interference with any public safety
telecommunication facility. Any application for a wireless communications
facility or tower pursuant to this Article shall include a certification from a
Licensed Engineer that the proposed facility is not expected to interfere with or
obstruct transmissions to and. from existing public safety telecommunications
facilities. In the event that an authorized County official determines that a
proposed wireless communications facility or tower interferes with a public safety
telecommunications facility or public safety communications, the official max
recommend denial of the application and set forth in writing the reasons for the
recommendation of denial. In the event that a constructed wireless
communications facility or tower does interfere with public safety
telecommunication facilities, it shall be the responsibility of the owner and/or
permittee of the wireless communications facility or tower which creates the
interference or obstruction to mare all necessary repairs, and/or accommodations
to alleviate the problem at the owner/permittee's expense. The County shall be
held harmless in this occurrence. To the extent not inconsistent with applicable
law, if the service provider refuses to rectify interference within twenty-four (24)
hours of receiving notice, said violation shall be considered a zoning violation and
all applicable remedies thereto mgy be imposed for such violation. In addition the
County mqy, in addition to the foregoing, file a complaint with the FCC for
resolution and/or seek an injunction and pursue other actions including criminal
sanctions against the service provider pursuant to Florida law, including but not
limited to Florida Statutes, §§ 843.6125 and 843.165. Any person who is found to
have violated this Article shall be subject to sanctions as provided by applicable
law.
6. A statement of compliance with Section 7.10.23(E), all applicable Building 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
herein , 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.
7. Any additional information reasonably deemed necessary by the County to assess
compliance with this Code and applicable law.
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St. Lucie County LDC Ord. 5/15/18 — Final
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.
G. Aesthetics. All telecommunications towers and antennas shall meet the following
requirements:
1. At a telecommunications tower site, the design of the buildings and related
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 subject 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 paragraphs 3 and 4 below; all telecommunications tower sites
must comply with the landscaping and screening requirements of the Land
Development Code. The 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
compound perimeter abuts a public or private street or read public right-of-way, the
minimum buffer width shall be fifteen (15) feet. Existing 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
Environmental Resources Director shall be responsible for determining if the
existing native perimeter vegetation meets the intent of this Code. All areas
disturbed during project 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 supporting
structure so as to make the antenna and related equipment as visually unobtrusive
as possible.
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St. Lucie County LDC Ord. 5115/18 — Final
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 all of the following standards and criteria:
a. The Telecommunications Tower is located in an AG -5, AG -2.5, AG -1, IL,
IH or U Zoning district.
b. The proposed Telecommunications Tower is located a minimum of one
thousand (1,000) feet, or the tower height, whichever is greater, from the
nearest public street or road right-of-way, public park or playground, public
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.
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.
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.
6. The County reserves the right to require that any new towers be designed as stealth
or camouflaged an aftem.,tive tower. All new telecommunications towers,
equipment buildings, and antennas in a residential zoning district must be stealth or
camouflaged.
7. Cell on Wheels ("COW" i. Notwithstanding anv other brovisions of this Section
7.10.23 the County Administrator may allow the installation of a cell -on -wheels
in accordance with the following:
a. During documented states of emergency as declared_ _by the County
Administrator,
b. To continue the provision of personal wireless service during construction
or maintenance of a wireless communications facility,
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St. Lucie County LDC Ord. 5/15/18 — Final
C. For testing purposes_
d. For special events, or
C. As otherwise authorized by the FCC.
The County Administrator is limited to allowing the installation of each cell -on -
wheels for up to ninety (90) total days. Approval by the County Administrator of
a COW on County property shall not convey any title, equitable or legal, in County
property. The Board of County Commissioners may extend the period of time in
which a cell -on -wheels is allowed for good cause by resolution. The owner of the
cell -on -wheels shall agree to indemnify the County and shall provide appropriate
evidence of insurance and the fund in compliance with subsection H of this
Section.
H. Security Fund. 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(Qr), in the event the owner fails to comply with
the provisions of Section 7.10.23(Qr). The amount of the cash security fund; or letter of
credit, or -,bend into be provided as follows:
1 For each commercial telecommunication tower, cell -on -wheels, and the initial ! $25 000
set of antenna or antenna array '
E
I
For each co -located telecommunication fiefs provider's antenna or
2. $5,000
antenna array
1. 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:
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. Notwithstanding any provision in the County Code to the contrary,
subject to applicable state and federal law, telecommunications towers shall not be
allowed in the public rights-of-way controlled by the County. 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.
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St. Lucie County LDC Ord. 5115118 — Final
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 on County -owned
property:
a. The County shall not require that proposed Genants seeking to co -locate on
wireless towers on County -owned propertyshafl-pcet 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.
K The County shall nay receive a percentage of the rental fees and peffflits
received by the telecommunications facility operators from each subsequent
tenant at a single telecommunications facility located on County —bl�
property consistent with such lease or sublease of County -owned p.__ ronerty.
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.
The County cannot and hereby expressly does not waive or relinquish any
of its land use, re u�ry, permitting and police power authority, approval
or enforcement rights and obli ations as they mqy relate to overnment
regulations of general applicability which may govern property subject to a
lease or sublease with the County, any improvements thereon, or any
operations on the property. Nothing in any lease or sublease with the
County shall be deemed to create an affirmative duty of the County to
abrogate its right to exercise its police power and governmental powers b
approving or disapproving or taking any other action in accordance with its
zoning and land use codes, administrative codes, ordinances, rules and
regulations, federal laws and regulations, state laws and regulations and
grant agreements, as they may be amended.
d. No lease granted under this section shall convey any right, title, 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.
C. The Board of County Commissioners shallmay 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.
Indemnification and insurance requirements.
Indemnification
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St. Lucie County LDC Ord. 5/15/I8 — Final
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
responsibility in or arising out of the construction, operation, or
repair of the telecommunications facility. Each telecommunications
facility operator must further agree not to use 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 Iosses, 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 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.
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St. Lucie County LDC Ord. 5/15/18 — Final
(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 operator.
J. Initial Wireless Telecommunications Antennas on Existing Structures. Any
telecommunications antenna which is not attached to a tower shall may be approved by the
Building Official Dir-eeter following a building_ permit review 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
Page 48 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
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 lighting 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. An antenna which is
attached to an existing tower and that is not subject to subsection M, Proposed Facilities
Modifications, shall be approved provided such collocation is accomplished in a manner
consistent with the following:
a. The County shall grant or deny each properly completed application that is not
subject to subsection M, Proposed Facilities Modifications, as provided in this
Section, for the collocation of a wireless communications facility within the
County's jurisdiction 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 subject to only
building permit review, which may include a review for compliance with this
subparagraph, such collocations are not subject 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,
Page 49 of 68
St. Lucie County LDC Ord. 5115118 — Final
applied to the initial antennas placed on the tower and to its
accompanying equipment enclosures and ancillary facilities and, if
applicable, applied to the tower supporting the antenna. Such
regulations may include the design 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.
c. Except for a historic building, structure, site, object, or district, a collocation
on all other existing structures that meet the requirements in subparagraphs C(i)
through (iv) below shall be subject to no more than building permit review, and an
administrative review for compliance with this subparagraph. Such collocations are
not subject 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;
ii. The collocation does not increase the ground 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 enclosures, 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
iv. The collocation consists of antenna, equipment enclosures, and
ancillary facilities that are of a design and configuration consistent
with all applicable restrictions or conditions, if any, that do not
conflict with subparagraph (c) and were applied to 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. Regulations, 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 height or a proposal to expand the ground space approved in the
Page 50 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
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
regulations, and within the review time frame specified in subsection D. for the
placement of new towers. The rest of the collocation shall be reviewed in
accordance with this subparagraph. A collocation proposed under this subparagraph
that 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 (50%)
of the original compound size, whichever is greater, shall, however, require no
more than administrative review for compliance with the County's regulations,
including, but not limited to, land development regulations review, and building
permit review, with no public hearing. This subparagraph shall not preclude a
public hearing for any appeal of the decision on the collocation application.
f. If a collocation does not meet the requirements of subparagraph K. l .b. and c.,
the County may review the application under the County's regulations, 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.l.b. and c, the
collocation shall not be considered a modification to an existing structure or an
impermissible modification of a nonconforming structure.
h. The owner of the existing 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 regulations 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 may be replaced through no more than
site plan and building permit review process for approval, and is not subject 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 structurally 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 Building Code and
requirements consistent with the original site approval process including but not
limited to submission of a site plan and compliance with any stealth requirements.
Page 51 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
The County shall require a modified setback based on the modification or increased
height of the tower to accommodate structural safety or aesthetic concerns. The
County shall review an application to increase the height of an existing tower or
substantially modify an existing tower under the County's regulations, including,
but not limited to, land development regulations applicable to the placement of a
new tower, to the extent not inconsistent with applicable law.This proviso., shat
inelude utiliy--and- power poles. This additional heigh! ahs}etequi�e-ate
additional sepafatien setback as set f6t4h in Seetien 7.10.23(N). The p
medifieafien tower height shall be used to calculate such distanee sepafatiens.
3. A tower which is being rebuilt to accommodate the collocation of an additional
antenna may be moved on site within fifty (50) feet of its existing location, subject
to applicable setback and separation requirements. A=relocated onsite teNwr- shall
way be deemed to o eWien -ef See ' A tower which
previously received a conditional use approval may be rebuilt according to the
conditions under which the conditional use was approved.
4. After the tower is rebuilt to accommodate collocation, only one (1) tower may
remain on the site. The initial tower shall be removed within thirty (30) days of the
final inspection for the new tower.
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 to the extent not inconsistent with applicable law.
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, 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;
and
4. Rooftop mounted towers and antennas shall only be allowed on buildings that are
at least three stories in height.
M. Proposed Facilities Modification Applications
1. The County_ shall approve Proposed Facilities Modification Applications that do
not result in a substantial change of a tower or base station and comply with the
requirements as set forth in this subsection M.
Page 52 of 68
St. Lucie County LDC Ord. 5/15/18 - Final
2. This subsection M shall not apply to proposed facility modifications to an eligible
support structure that is not a legal conforming, or legal non -conforming structure
at the time a completed eligible facilities modification application is filed with the
County.
3. This subsection M shall not apply to a proposed facility modification to a structure,
other than a tower, that does not, at the time of submittal of the application, already
house or support transmission equipment lawfully installed within, or upon, or
attached to, the structure.
4, Eligible Facilities Modification Application Requirements. Applications for
eligible facilities modification must meet the following standards:
a. All annlications for ehizible facilities modification shall be in writina and
accompanied b, thepplicable application and fee established by resolution
of the County Commission and attested to by the authorized „person
submitting the application on behalf of the applicant, certif
yingthe truth
and accuracy of the information provided in the qpplication.
No application for eligible facilities modification shall be approved unless
it includes the following information:
1. The legal and dba names, mailing address, tax Identification
number, and contact phone number(s) of applicant.
2. If a corporation, the name and address of the registered agent of
applicant in the State of Florida and the State of incorporation of the
applicant.
3. If applicant is an entity, other than a corporation, such a partnership
or limited liability company, the names and business addresses of
the principles.
4. An assertion that the proposed facilities modification is subject to
review under Section 6409 of the Spectrum Act and that the
modification does not constitute a substantial change to the tower or
base station.
5. If the anolicant is not the owner or person in control of the eliaible
support structure and/or site, the following shall be required:
(i) An attestation that the owner or person in control of the
eligible support structure and/or site has consented to the
proposed facilities modification.
(ii) If the eligiblepport structure is located in a public right of
way, the Applicant must also attest that Applicant has
Page 53 of 68
St. Lucie County LDC Ord. 5/15118 — Final
authorization to install, maintain and operate transmission
equipment in, under and above the public right of way.
6. If the applicant proposes a modification that will result in an increase
in height of the eligible support structure, the application shall
include record drawings, as built plans, or the equivalent, showing
the height of the eligible support structure, (1) as originally
constructed and granted approval by the County or other applicable
local zoning or similar regulg1gry regulatoryauthority, or(2) as of the most
recent modification that received County, or other local zoning or
re ug latory approval, prior to the passage of the Spectrum Act,
whichever height isrem
7. If the qpplicant proposes a modification to an eligible support
structure which structure or proposed modification of the same is
subject to pre-existing; restrictions or requirements imposed by a
reviewing; official or decision-making body pursuant to authority_
granted under the County Code, or an ordinance or a municipal code
of another local government authority, the application shall include
a copy of the document (e.g., permit or conditional approval) setting
forth such pre-existing restrictions or requirements together with a
certification that the proposed facilities modification conforms to
such restrictions or requirements; provided that, such certification
shall have no application to the extent the proposed facilities
modification relates solely to an increase in height, increase in
width, addition of cabinets, or new excavation, that does not result
in a substantial chanize in the physical dimensions of the eligible
support structure.
8. If the applicant proposes a modification to an eligible sunnort
structure, which structure, or proposed modification of the same, is
subject to pre-existiny, concealment restrictions or requirements, or
was constructed with concealment elements the following shall be
required:
(i) Applicant shall set forth the facts and circumstances
demonstrating that the proposed modification would not
defeat the existing concealment elements of the eligible
support structure.
(ii) If the proposed modification will alter the exterior
dimensions or appearance of the eligible support structure,
Applicant shall include a detailed visual simulation
de�aic_ting how the eligible support structure will appear after
the --proposed modification is complete. The visual
simulation shall depict to scale the eligible support structure
in relation to the trees, landscaping and other structures
Page 54 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
adjacent to, or in the immediate vicinity of, the eligible
support structure.
9. If the annlicant monoses a modification that will protrude from the
edge of a non -tower eligiblepport structure, the application shall
include record drawings, as -built plans, or the equivalent, showing
at a minimum the edge of the eligible support structure at the
location of the proposed modification.
10. If the applicant proposes a modification to an eligible support
structure that will include any excavation or would result in a
protrusion from the edge of a tower that exceeds an existing
protrusion of any transmission equipment attached to a tower, or
would protrude from the edge of a non -tower eligible support
structure, the following shall be required:
(i) A description of the boundaries of the site together with a
scale drawinsz based on an accurate traverse, with angular
and lineal dimensions, depicting the boundaries of the site in
relation to the tower or base station proposed to be modified
and _ _depicting the proposed location, elevation and
dimensions of the new or replacement transmission
equipment.
(ii) The Countymay require a survey y a land surveyor licensed
in the state of Florida when, in the judgment of the approval
authori a surve is reasonably necessary to verify the
boundaries of the site to determine if the proposed facilities
modification would result in a substantial change in the
physical dimensions of the elilZible support structure.
11. If the anplicant proposes a modification to the eligible sunnort
structure that includes hardening through structural enhancement,
the following shall be required:
Q A technical re ort by a qualified licensed engineer,
demonstrating that the structural enhancement is performed
in connection with and is necessary to support the proposed
collocation, removal, or replacement of transmission
equipment and conforms to applicable code requirements.
ii The Counly may retain the services of an independent
technical expert to review, evaluate, and provide an o ip nion
regarding the Applicant's demonstration of necessity_
12. If the applicant proposes a modification to a tower, the following
shall be required:
10 A stamped report by a licensed engineer demonstrating that
the tower with the proposed modifications will comply with
Page 55 of 68
St. Lucie County LDC Ord. 5/15118 — Final
applicable structural, electrical and safety codes, including
by way of example, and not limitation, EIA/TIA-222-
Revision G, published by the American National Standards
Institute (as amended), allowable wind speed for the
applicable zone in which the tower is located, and describing
the general structural capacity of the tower with the proposed
modifications, including:
a. The number and type of antennas that can be
accommodated;
b. The basis of calculation of capacity; and
C. A written statement that the proposed complies with
all federal guidelines regarding interference and
ANSI standards as ado ted by the FCC including
but not limited to nonionizing electromagnetic
radiation (VIER) standard.
ii) The County may retain, at the expense of the applicant, the
services of an independent technical expert to review,
evaluate and provide an opinion regarding the applicant's
demonstration of compliance.
13. If the applicant proposes a modification to a base station. the
application shall include a stamped report by a Florida licensed
engineer demonstrating that the base station, with the proposed
modifications_, will comply with applicable structural, electrical and
safety codes.
14. If the applicant proposes a modification requiring, alteration to the
eligible. support structure, excavation, installation of new equipment
cabinets, _or any other activities impacting or altering the land
existing structures, fencing, or landscaping on the site, the following
shall be required:
A detailed site plan and drawings,
showing the north
point
agraphic scale and, drawn to a.n appropriate decimal
scale,
indicating and depicting_
d.
The location elevation
and dimensions of the
existing eligible support structure;
e.
The location, elevation
and dimensions of the
existing transmission equipment,
f.
The location, elevation
and dimensions of the
transmission equipment,
if any, proposed to be
collocated or that will replace
existing transmission
equipment,
Page 56 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
9. The location, elevation and dimensions of any
proposed new equipment cabinets and the intended
use of each;
h. Any proposed modification to the eligible support
structure,
i. The location of existing structures on the site,
including fencing, screening, trees, and other
significant site features, and
j. The location of any areas where excavation is
proposed showing the elevations, depths, and width
of the proposed excavation and materials and
dimensions of the equipment to be placed in the area
excavated.
15. Copies of anv environmental documents required by anv federal
agency. These shall include the environmental_ assessment required
by 47 C.F.R. Part 1 PART 1 —PRACTICE AND PROCEDURE
Section 1.1307, as _ amended, or, in the event that an FCC
environmental_ assessment is not required, a statement that described
the specific factors that obviate the requirement for an
environmental assessment.
5. Review of Application.
a. The County shall review applications for Eligible Facilities Modification
pursuant to this section to determine whether the application qualifies.
b. The Countv shall notifv the applicant within thirty (30) days after the date
the application is initially submitted or additional information resubmitted,
whether the application is properly completed in compliance with the
County's requirements. If the application is not completed in compliance
with the County's requirements, the County shall so notify the applicant in
writing delineating all missing documents and information required in the
application that if are cured would deem the application properly completed.
C. Upon resubmission of information to cure the stated deficiencies, the
County shall notify the applicant, in writing, no later than 10 days after the
additional information is submitted, of my remaining deficiencies that must
be cured, delineating missing information. 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, or may
establish a reasonable time frame within which the required information to
cure the application deficiency is to be provided. The timeframe is tolled in
the case of second or subsequent notices pursuant to the procedures
identified herein. If the curative information is not provided within such
Page 57 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
time frame, the application will be considered withdrawn or closed and the
application will be denied.
d. Completeness review; time limitation. The County shall grant or deny a
properly completed application for Eligible Facilities Modification within
sixty (60) dqys of the date of the applicant's submission of an application
seeking approval under this subsection M, after it is determined to be
properly completed. An application is deemed submitted or resubmitted on
the date the application is received by the County. The sixty (60) day review
period begins to run when the application is filed and may be tolled by
mutual agreement of the County and the applicant or in cases where the
Count 's reviewing body determines that the applications is incomplete.
The timeframe is not tolled by a moratorium on review of applications,
6. Eligible facilities Modification Permit: An eligible facilities modification hermit
issued pursuant to this subsection M, and any deemed approved application, shall
be valid for a term of 180 days from the date of issuance, or the date the application
is valid for a term of 180 days from the date of issuance, or the date the -application
is deemed approved.
MN. Setbacks. The following setback requirements shall apply to all telecommunications
towersf r which ., ei: f k ; required:
1. All telecommunications towers shall be setback from all property lines of the parcel
on which it is to be constructed a minimum distance of 110% of the fall radius of
the tower or the minimum setback for the zoning district whichever is greater;
emeept as required by Table 7 4-0.
2. The setback for the base of any guys for guyed towers and aeeesser—y epuipment
buildings must satisfy the minimum zoning district setback requirements.
3. In establishing these setback reauirements. the Board of Countv Commissioners
finds that such setbacks are the minimum distance necessary to satisfy structural
safety and aesthetic concerns for owners of adjacent properties, residents, and users
of nearby public rights -of -ways
4.
NO. Separation/Height.
1. In addition to the setback from the propegy line tThe following separation
requirements shall apply to all telecommunications towers for- ., -hie . a building
.mi! i� a a.
�J'bii llf C4;."C1TGQ.
a. Separation from off-site/designated areas:
Telecommunication tower separation shall be measured from the
base of the proposed telecommunication tower to the lot line of the
off-site and/or designated areas as specified in Table 7-40, emeept as
ether -wise provided in TAhlQ 7-40.
Page 58 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
9.
0
�'.;V . 11111*11101011 WINN
.1- � ........... . .......
32. Separation requirements for towers shall comply with the minimum
standards established in Table 7-40. The Board of County
Commissioners hereby finds that the separation requirements for
towers in Table 7-40 are the minimum distance necessary to satisfy
structural safety and aesthetic concerns of nearby existing or
potential residents.
Table 7-40
Separation measured from the „base of the proposed tower
fllrom the property line of a lot with any habitable
residential structure, except for accessory security
residences in IL, IH and U zoning districts
Separation fl=rom the property line of vacant land in
residentially zoninged districtskad
From an), non r-esidentially zoned land and aeeessef:y
750 feet Ar 2sof
taloco eatie s tower- height
„Echever- is greate
754 feet er- 200-% o
teleee c t.., s tower height, j
whichever : enters
Fall .-adios s zoning nett. , L
,
r_uaece��.s��.aa ia.•�iq���s.�r.�:asp. a�an..n
-54. The Board of County Commissioners 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 that is less than the setback
re uirement�11—es, t1haM-th.,t . ..ed :r4:,4 , n,4n residential 1,� �
Page 59 of 68
St. Lucie County LDC Ord. 5/15/18 – Final
55. The Board of County Commissioners shall not approve a variance
except upon specific written findings of fact based directly upon the
particular facts submitted to them showing that:
a. A literal interpretation of the provisions of Table 7-40 would
render the applicant in violation of State or Federal law or
would preclude provision of service in the desired area.
b. The granting of the variance will not be detrimental or
injurious to surrounding properties, and will not endanger
public safety.
C. The variance is the minimum variance that will make
possible reasonable use of the land, building, and structures;
and
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.
b. Separation distances between telecommunications towers.
1. The separation distance from pre-existing towers including_ 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 pre-existing tower(s) and the
owner/operator of therLe-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 there_ -existing tower
and the center of the base of the proposed tower, pursuant to a site
plan.
3. Each applicant shall review the County's inventory of pre-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. To support the County's preference for collocation
over new towers, nNo new tower including but not limited to a
stealth tower, shall be permitted within one (1) mile of an --a pre-
existing tower unless the applicant demonstrates to the reasonable
satisfaction of the County that norLe-existing tower, structure or
alternative technology that does not require the use of new towers
or new structures can accommodate, or be modified to accommodate
the applicant's proposed antenna. The applicant shall also identifX
the tvpc of construction of the existine telecommunications tower(s)
Page 60 of 68
St. Lucie County LDC Ord. 5115118 — Final
and the owner/operator of the existing telecommunications towers},
if known. Evidence submitted to demonstrate that no existing tower,
structure or alternative technology is suitable may consist of any of
the criteria set forth in subsection 7.10.23(Q(6)(a} die r "ey ng
4. The Board of Adjustment may approve variances from the separation
requirement provided that the applicant meets all other provisions of
Section 7.10.23(NO).
5. The separation distance of one (1) 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 no greater than the in -heights as provided below:
a. For a single user, up to one hundred (100) feet in height;
b. For two (2) users, up to one hundred fifty (150) feet in height;
C. For three (3) or more users, tewer-s—in ex—ems of ene hi;tnd.oa
fift.(150) f; eta but not taller- th , up to two hundred fifty (250) feet;
pre�vided sucr""^''rtowers r -are senstrueted as a monopele as defined
hefei.
d. For the purpose of determining compliance with all requirements of
this Section, measurement of telecommunications tower height shall
include the telecommunications tower structure itself, the base pad,
Page 61 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
_ r
i,
_ _ =1 ON
WIM
4. The Board of Adjustment may approve variances from the separation
requirement provided that the applicant meets all other provisions of
Section 7.10.23(NO).
5. The separation distance of one (1) 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 no greater than the in -heights as provided below:
a. For a single user, up to one hundred (100) feet in height;
b. For two (2) users, up to one hundred fifty (150) feet in height;
C. For three (3) or more users, tewer-s—in ex—ems of ene hi;tnd.oa
fift.(150) f; eta but not taller- th , up to two hundred fifty (250) feet;
pre�vided sucr""^''rtowers r -are senstrueted as a monopele as defined
hefei.
d. For the purpose of determining compliance with all requirements of
this Section, measurement of telecommunications tower height shall
include the telecommunications tower structure itself, the base pad,
Page 61 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
and any other telecommunications facilities attached thereto.
Telecommunications tower height shall be measured from grade.
BSP. Buildings and Equipment Storage Areas. It is recognized that each telecommunications
!ewer antenna will have some type of associated electronic support and equipment
buildings at or near the telecommunications facilitytowff. Depending on the type of
facililytew,ff being erected, the following general standards shall apply, in addition to the
other general provisions of the code.
Rooftop mounted wireless equipment 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 one-quarter of the distance along the
perpendicular axis of the roof, whichever is less. The height of the roof
must be at least three 3 stories.
b. All rooftop equipment buildings shall be stealth, and finished, screened or
designed so that they blend into the architecture of the building on which
they are Iocated.
C. All equipment buildings shall meet all County design standards and comply
with the building codes.
d. No commercial advertising, including company name, shall be allowed on
an antenna, screen or equipment building.
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 lighting
ground the base of the antenna and equipment building 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 building 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. Proposed aAntennas located on power poles, street lights or other utility poles and
equipment cabinets in the public rights-of-wqy rights-of-wayshall comply with the requirements
for eofleeations set forth in the St. Lucie County Communications Rights -of -Way
Page 62 of 68
St. Lucie County LDC Ord. 5115118 — Final
Ordinance, Chapter 44, Article I, Sections 44-1 - 44-18, of the County Code, as it
may be amended—llbl ' blit i and -with +h,o � 1-1 epAs
�
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 arc not available, and as
an emergency back-up power source and shall comply with County Code.
R_Q 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.
2. 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, and platted residentially zoned
property, where applicable.
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.
Page 63 of 68
St. Lucie County LDC Ord. 5/15/18 --- Final
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.
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.
QR. Removal of Abandoned Wireless Telecommunications Towers, Facilities and Antennas.
Any telecommunications tower, wireless communications facility or antenna that is not
used or operated for a continuous period of twelve six (6) consecutive months shall be
considered abandoned, and the owner of such telecommunications tower, facility or
antenna shall remove the same at its cost within ninety (90) days of receipt of notice from
the County notifying the owner of such abandonment and in accordance with applicable
permits. Failure to remove an abandoned telecommunications tower, fa, cility or antenna
within the ninety (90) days shall be grounds for the County to remove the tower, facility,
or antenna at the expense of the owner or for the County to allow another person to remove
the facility at the owner's expense. The owner of the communications facility shall be
responsible for all damage to property, facilities or utilities damaged as a result of such
removal and shall restore or pay for restoration as required in the County code. If there are
two (2) or more users of a single telecommunications tower or facility, the
telecommunications tower or facility shall not be considered abandoned until all users
cease using the telecommunications tower or facility for a continuous period of twelve )
six (6) consecutive months. Upon determination by a tower, facility or antenna owner that
its tower, facility or antenna is to be abandoned, the owner shall notify. the County no later
than ninety 90 days from such determination or no later than thirty 30 da s followin
such abandonment whichever is sooner. The County may independently establish that a
wireless communications facility has been abandoned. In reaching such determination the
County may equest documentation and/or affidavits_. from the owner of the wireless
communications facility regarding the active use of the facility. If the owner fails to
provide the requested documentation within thirty 30 days, a rebuttable presumption shall
exist that the owner has abandoned the wireless communications facility.
RS. Pre -Existing Telecommunications Towers. Any telecommunications tower lawfully
erected before Septeffiber 2,1997 the effective date of this Ordinance 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 modification or replacement, to the extent not inconsistent with
applicable law. � 4 the time a existingteleeeffimunieationst o Posedto be
r-eplaeed er- substantially improved, then the fequir-ements of this seefien shall apply to th-e
extent net prohibited by F.S. Gh, 365.172,
Page 64 of 68
St. Lucie County LDC Ord. 5115/18 - Final
-ST. Inspections, Reports, Fees, and Monitoring.
1. Telecommunications tower owners shall submit a report to the Building
Department certifying structural and electrical integrity of the tower every five (5)
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. Notwithstanding
this provision, an owner of a telecommunications tower shall provide such report
following recovery from a declaration of a state of emergency by the Coum or b
an appropriate state official that included the area of the tower.
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 (1)
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 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.
U. Amateur Radio Antennas And Support Apparatus Utilized By FCC Licensed Amateur
Radio Operator.
1. Applicability and Findings: Amateur radio antennas and their support aDDaratus
are subject solely to the regulations contained in this subsection 7.10..23(U) to the
extent not inconsistent with applicable federal or state law. and are not subject to
other provisions of Section 7.10.23, including but not limited to priority siting,
setback, stealth and separation requirements.O The Board of County
Commissioners recognizes that the amateur radio service is a voluntary,
noncommercial communication service that plays an important role in providing
emergency communications. Moreover, the amateur radio service provides a
reservoir of trained o erators technicians and electronic experts who can be called
on in times of national or local emergencies. Accordingly,,theregulations adopted
herein are designed to protect the ability to gperate amateur radio antennas while
protecting important public safety and aesthetic interests.
2. Amateur radio antennas and their support apparatus shall be limited to maximum
height of 80 feet except where a higher antenna is allowed pursuant to the FCC's
preemptive ruling PR13-1 Federal Preemption of State and Local Regulations
Pertaining to Amateur Radio Facilities Memorandum Opinion and Order PRB-1
101 FCC 2d 952 (1985) (PRB-1)and provided that an administrative
determination is made by the County Administrator or designee, based on
Page 65 of 68
St. Lucie County LDC Ord. 5/15/18 — Final
evidence submitted by the applicant, that the proposed height is _technically
necessary to engage in amateur radio communications.
A building permit from the County shall be required for the installation or
substantial modification to the installation of an amateur radio antenna and its
support apparatus. A building_ permit shall not be required for:
a. Adjustment replacement or repair of the elements of an amateur radio
antenna array affixed to the antenna support apparatus-,
b. Amateur radio antenna facilities erected temporarily for less than 24 hours
for test purposes or for emergency communications; or
C. Collocation of additional amateur radio antenna on an existing amateur
radio antenna support apparatus installed pursuant to a permit orpre-
existing amateur radio antenna support apparatus installed prior to the
effective date of this Ordinance.
The following requirements shall apply provided they do not prohibit the
operation of the amateur radio antennas.
a. Building site location. Amateur radio antennas and their support apparatus
shall be located behind the required primaDL/princil2al building within the
rear and interior side yard of the property. They are prohibited within the
front and side street and areas. Amateur radio antennas and their sLipport
apparatus shall not be installed in County public rights-of-way.
b. Setbacks__ Amateur radio antennas and their support apparatus shall
maintain the same rear and side setbacks as required for the principal
building of the building site and shall be installed a minimum of eight (8)
feet from any overhead utility line(s) and power line(s). Where such
amateur radio antennas and their support apparatus are located on a
building site which is fronting upon two or more streets and/or alleys, the
amateur radio antennas and support apparatus shall maintain the same
primary/principal building setback as required from each such street or
alley.
c. As with the height limit the County Administrator or designee may allow
an exception to the building site location and setback requirements if
technically necessary to engage in amateur radio communications.
Installation. The installation or substantial modification of an amateur radio
antennas and their support apparatus and foundation shall be in accordance with
the manufacturer's prescribed installation and safely procedures and shall meet all
applicable County, State and Federal requirements as amended including but not
limited to the Florida Buildinp- Code. Countv Code. National Electric Code and
FCC regulations.
6. Notwithstanding the provisions of this subsection, existing amateur radio antennas
and their support apparatus. installed prior to the effective date of this Ordinance
shall be allowed to continue operations and to undergo routine maintenance without
having to comply with the provisions of this Ordinance. Existing amateur radio
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St, Lucie County LDC Ord. 5/15118 — Final
antennas and their support structures installed prior to the effective date of this
Ordinance shall not require a permit unless they are being; replaced or substantially
modified.
7. The Board of County Commissioners recognizes that the amateur radio service is
a voluntary, noncommercial communication service that plays an important role in
providing_ emergency communications and hereby sets the fee for a building permit
at two hundred and forty ($240)dollars.
TV. Penalties. Any person, firm or corporation who knowingly breaches any provision of this
Section 7.10.23, as it may be amended 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 -lettered 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, 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. TERMINATION OF MORATORIUM. Upon this ordinance becoming
effective, the temporary postponement on the acceptance and approval of applications for wireless
Page 67 of 68
St. Lucie County LDC Ord. 5/15118 Final.
communications facilities adopted pursuant to Ordinance 17-018, and extended by Resolution
RES -2018-1, is hereby terminated. This Part G shall not be codified.
PART H. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART I. 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 J. ADOPTION
After motion and second, the vote on this ordinance was as follows:
Commissioner Frannie Hutchinson, Chair
AYE
Commissioner Linda Bartz, Vice Chair
AYE
Commissioner Chris Dzadovsky
AYE
Commissioner Anthony Bonna
AYE
Commissioner Cathy Townsend
AYE
PASSED AND DULY ENACTED this 15TH day of May 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE C 7NTY, FLO A
B
-- 3Deputy Cl k ------- Chair
J;'�14 coMW APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
4
a X
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rt
b�q� fs5 County Attorney
Page 68 of 68
St. Lucie County LDC Ord. 5115118 — Final
RICK SCOTT KEN DETZNER
Governor Secretary of State
May 18, 2018
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Brittany Jones
Dear Mr. Smith:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 2018-006, which was filed in this office on May 18,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us