This article identifies those types of developments and uses that are required to go through the Development of Major Impact procedure as established in Article 12. Other types of development may be required by other provisions of this Land Development Code to go through the Development of Major Impact procedure.

(Ord. No. 07-10, § 9, 7-16-2007)

(a)

The following uses shall be reviewed as Developments of Major Impact even though not specifically addressed elsewhere in this Article:

(1)

Spring Water Bottling Plants.

(2)

Excavation areas 10 acres or greater in size (see Section 7.07 of this Code).

(b)

The general standards for review of Special Use Permits in Section 12.03 of this Code shall apply to review of these uses, as well as any applicable specific standards in this Code or the Gilchrist County Comprehensive Plan.

(Ord. No. 07-10, § 9, 7-16-2007)

(a)

Intensive agriculture means agricultural uses requiring an Industrial Waste permit from the state.

(b)

A Development of Major Impact approval shall be required prior to the establishment of a new intensive agricultural use, and prior to the expansion of an existing intensive agricultural use.

(a)

An application to develop and/or operate an intensive agricultural use shall consist of a site plan at an appropriate scale showing that the proposed intensive agricultural use is located within an area designated Agriculture 2, 3, 4, or 5 on the Future Land Use Plan Map.

(b)

The site plan shall at a minimum, identify the placement of the facility including all accessory structures, and the following:

(1)

The boundaries of the parcel proposed for the intensive agricultural use.

(2)

The type of facility being proposed and the processes that will be utilized in the operation of the facility.

(3)

The proposed location of on-site facilities such as milking barns, feed barns.

(4)

The location of highways and roads that will be utilized for ingress to, and egress from the proposed site.

(5)

A map showing the location of the subject property, including the depiction of surrounding development by location and type;

(6)

A topographic map of the surrounding area within ¼ mile of the site showing all wetlands, floodplains, lakes, rivers, streams, creeks, aquifer recharge areas, watersheds, drainage ways, sinkholes, and other natural resources or environmentally sensitive areas;

(7)

A topographic map of the site showing, based upon a field verified inventory, the location of all wetlands, floodplains, lakes, rivers, streams, creeks, aquifer recharge areas, watersheds, drainage ways, sinkholes and other natural resources or environmentally sensitive areas, and all operational components of the facility.

(8)

A complete copy of the federal and state permit applications, including all maps and attachments, filed by the applicant.

(c)

Before a Special Exception can be granted, the applicant shall, at a minimum ensure that upon site plan approval that:

(1)

Divided animal holding lots, manure holding lagoons, and land areas to which effluent or scraped solids are applied are not located within 500 feet of a wetland, stream, river, or other surface water body.

(2)

The proposed facility is not located within a 100-year floodplain as depicted on the U.S. Federal Emergency Management Agency Flood Insurance Rate Map.

(3)

The proposed facility is adequately screened and buffered to promote compatibility with adjacent agricultural and nonagricultural land uses, which include residential structures.

(4)

The proposed facility does not exceed the maximum intensity, volume, or capacity requirements for the type of proposed facility, as established by any Florida Department of Environmental Protection permit or Florida Department of Agriculture and Consumer Services permit.

(5)

The proposed facility provides for an inspect/compliance monitoring program pursuant to Florida Department of Environmental Protection industrial waste permit which may be required, which mandates on-site inspection/compliance monitoring to ensure that the facility does not create a public health hazard.

(6)

The proposed facility adequately controls point and non-point source runoff and ensures proper treatment of point and non-point source runoff to prevent adverse impacts to, or degradation of, the quality of surface or groundwater; the drainage system design shall provide for the attenuation/retention of point and non-point source runoff from the proposed site, and water released from the site post-development shall not exceed pre-development in conformity with the stormwater management requirements of this Code and the Suwannee River Water Management District.

(7)

Soil conditions and characteristics are shown to be suitable for the proposed facility at the proposed site.

(8)

The use of land by the proposed facility will not contaminate, degrade or adversely affect the quality of groundwater or potable water supply sources based upon scientific methodology.

(9)

No cutting, clearing, grading, or filling shall commence on any proposed site unless and until appropriate devices have been installed to minimize pollution, control erosion, and removal of sediment from point and nonpoint source runoff.

(10)

The applicant has applied for all applicable federal, state and regional permits or equivalent.

(11)

The proposed use at the proposed location is otherwise consistent with the Comprehensive Plan and Land Development Regulations.

(d)

The County Commission shall make a finding of fact that the proposed facility meets adopted County criteria to protect the health, safety, and general welfare of the public.

(e)

The County shall use, in its review of intensive agriculture uses, all criteria required for review of intensive agriculture uses by the State of Florida.

(f)

The granting of a special exception shall be subject to the applicant obtaining all applicable federal, state, and regional permits or equivalent.

It is the intent of this Section to regulate the location of domestic sludge landspread sites and to ensure the proper enforcement of local and state regulatory requirements.

(a)

This Section shall apply to the unincorporated areas of the county.

(b)

Notwithstanding any other provision of this Section 8.03, only those landspread operations that require a permit from the Florida Department of Environmental Protection or the Florida Department of Health shall be required to obtain a special permit under this Section.

(a)

"Application Site" means the parcel of property containing the application zones or zones.

(b)

"Application Zone" means the designated area or areas on the application site where the domestic sludge will be applied.

(c)

"Conservation Plan" means a record of the client's decisions and supporting information, for treatment of a land unit or water as a result of the planning process, that meets FOTG quality criteria for each natural resource (soil, water, air, plants, and animals) and takes into account economic and social considerations. The plan describes the schedule of operations and activities needed to solve identified natural resource problems and take advantage of opportunities at a conservation management system level. The needs of the client, the resources, Federal, state, and local requirements will be met.

(d)

"County Administrator" means the Gilchrist County Administrator, or designee.

(e)

"DEP" means the State of Florida, Department of Environmental Protection.

(f)

"DOH" means the State of Florida, Department of Health.

(g)

"Domestic Septage" means the liquid and solid material pumped from a septic tank, holding tank, portable toilet, or similar domestic sewage treatment or holding system when the system is cleaned or maintained, but shall not include any manufactured or manmade item or product.

(h)

"Domestic Sludge" means any wastewater sludge which is generated by a domestic wastewater treatment plant or related operation including, but not limited to domestic septage as defined herein. The material may be either solid, liquid or semisolid. Domestic wastewater residual does not include treated effluent from a wastewater treatment plant or any manufactured or manmade product or item.

(i)

"Landspread" means the application of domestic sludge to land for agricultural, reclamation, storage, or any other purpose. It shall not include the placement of domestic sludge in a permitted landfill or other treatment facility.

(j)

"Landspread Special Permit" means the permit required by this section prior to the application of domestic sludge to land within Gilchrist County.

(k)

"Person" means any individual, association, partnership, corporation or other entity, including any officer, employee, department, agency or instrumentality of the United States, the state or any political subdivision thereof.

(a)

Any person who intends to landspread domestic sludge shall obtain a special permit for such application from the County Commission prior to commencement of such landspreading.

(b)

The application for a Landspread Special Permit shall include the following:

(1)

A completed application form as provided by the County Administrator.

(2)

A permit from DEP or DOH authorizing the landspread operation. In the alternative, the special permit may contain as a condition that a permit shall be obtained from DEP or DOH prior to the commencement of landspreading operations.

(3)

A letter from the landowner authorizing sludge application on the site and granting access to county employees for inspections.

(4)

The permit fee, including the costs of notice required herein, as established by resolution of the County Commission. In the absence of such specific resolution, the permit fee shall be the amount generally charged for special permits.

(5)

A copy of an approved Natural Resources Conservation Service (NRCS) conservation plan for the parcel of land where the landspreading is to take place. In the alternative, such plan may be prepared by an NRCS-approved entity.

(c)

The application shall be accompanied by a site plan, with accompanying maps as necessary, showing the following:

(1)

The boundaries of the application site.

(2)

The boundaries of the application zones or zones.

(3)

Surrounding parcels for a distance of 1000 feet from the boundaries of the application site, and the uses of those parcels.

(4)

All public roadways within 1000 feet of the boundaries of the application site.

(5)

All water wells on and within 1000 feet of the boundaries application site.

(6)

All surface waters, including wetlands, on and within 1000 feet of the application site, with Outstanding Florida Waters indicated.

(7)

All residential structures within 1000 feet of the boundaries of the application site.

(8)

All parks, schools, or other buildings or areas of public assembly within 1000 feet of the boundaries of the application site.

(a)

Upon receipt of a permit application the County Administrator shall have 10 working days to determine whether the application contains the required elements and is complete. If incomplete, the Administrator shall inform the applicant of the deficiencies and allow re-submittal of the application with 90 days without re-payment of the application fee.

(b)

Upon making a determination that the permit application is complete, the Administrator shall send the application and associated submittals to the Suwannee River Water Management District for its review. The District shall provide to the County a written review of the application within 21 working days of receipt of the application.

(c)

After receipt of the Water Management District review, or the passage of 21 days, whichever occurs first, the application shall be placed on the agenda of next available Planning and Zoning Board meeting, allowing for required notice. The Planning and Zoning Board shall review the proposal and make a recommendation to the County Commission.

(d)

The application shall then be placed on the agenda of next available County Commission meeting, allowing for required notice. The County Commission shall hold a quasi-judicial hearing on the application in accord with applicable county procedures.

(e)

Notice of the hearing by the Planning and Zoning Board and County Commission on the Landspread Special Permit shall, at least 10 days prior to the hearings, be posted at all entrances to the proposed land application site abutting federal, state or county roads, easements, right-of-ways, or as otherwise directed by the County Administrator to maximize notice to surrounding landowners.

(f)

Notice of the County Commission hearing shall also be published once in the Gilchrist County Journal, or other publication of general distribution, at least 10 days prior to the hearing.

(g)

Notice of the County Commission hearing shall further be given by mailing notice to all landowners within 300 feet of the boundaries of the application site. It shall be the responsibility of the applicant to provide the names of all such landowners. Such notice shall be mailed not less than 15 days prior to the County Commission hearing.

(a)

The applicant shall have the burden of establishing the following:

(1)

The landspreading will take place pursuant to a permit issued by the Florida Department of Environmental Protection pursuant to Rule 62-640, Florida Administrative Code, or by the Department of Health pursuant to Rule 64E-6, Florida Administrative Code.

(2)

The application site is zoned A2, A3, A4, or A5. Domestic sludge may not be landspread in any other Gilchrist County zoning district.

(3)

The land application at the proposed location will not have a substantial negative impact on surrounding land uses. Negative impacts that may be considered include, but are not limited to, odors, runoff, flies, noise, or other such impacts. If the permit is denied based on such anticipated impacts, the County Commission shall base the denial on written findings relating to such impacts.

(b)

Every Landspread Special Permit shall contain the following conditions set forth below, unless the County Commission expressly finds that modification or elimination of the condition is in the public interest.

(1)

That if the necessary DEP or DOH permit has not been obtained, that such permit shall be obtained and provided to the County Administrator prior to the commencement of landspreading.

(2)

That the landspreading and associated activities shall take place in conformity with the DEP or DOH permit, all conditions placed on such permit, and any Agricultural Use Plan or Conservation Plan associated with such permit.

(3)

That the landspreading and associated activities shall take place in conformity with the NRCS conservation plan (or plan prepared by an NRCS-approved entity) submitted to the County as part of the permit application.

(4)

That a copy of all reports submitted to DEP or DOH pursuant to the DEP or DOH permit shall be submitted to the County Administrator at the same time such reports are submitted to DEP or DOH.

(5)

That the administrator shall have the right to enter the landspread site for the purpose of monitoring or inspecting sludge disposal activity and for investigating complaints and alleged violations of these regulations. The issuance of any Landspread Special Permit shall be deemed to be consent to, and authorization of, such entry or right of inspection.

(6)

That, prior to commencement of landspreading operations, the applicant will provide to the County Administrator, and shall maintain in effect at all times during the life of the permit, an irrevocable letter of credit drawn on a local bank, or equivalent guarantee, in an amount estimated by an engineer licensed in the State of Florida, in an engineer's certification of probable cost, and approved by the Board of County Commissioners. The guarantee shall be for the cleanup and/or removal of sludge disposed of illegally or contrary to F.A.C. Rule 62-640, F.A.C. Rule 64E-6, or this article, where such unlawful disposal occurred for any reason whatsoever including due to accident, weather event, negligence, or third party involvement. This shall not be deemed to be a limitation on the liability of the applicant for any damage caused by the landspread operation.

(7)

That all landspreading operations shall be set back:

a.

Fifty feet from all surface waters and wetlands, including isolated wetlands, unless a greater setback is required under the DEP or DOH permit or rules, or under the rules of the Suwannee River Water Management District.

b.

One hundred feet from any property line of property in separate ownership. The area of land between the property line and the setback line shall be forested or otherwise vegetated to sufficiently screen the use from neighboring properties in a manner that insures 80% opacity between 2 and 6 feet above grade as viewed from the shared property line. The property owner may make use of existing vegetation to achieve the required screening. The screening requirements of this section may be adjusted by the County Commission upon finding that the proposed land application operation is compatible with the adjacent land use. Any changes to the screening requirement and the reasons for the changes must be expressly written in the conditions of the Special Use Permit decision.

c.

Any storage, stockpiling or staging of domestic sludge shall maintain a 300-foot setback from all property lines, surface waters and wetlands, including isolated wetlands.

(8)

That, in order to insure compliance with setback requirements, the area where the landspreading will take place shall be delineated with markers that reach a minimum of 48 inches above grade.

(9)

That the term of the permit shall be for 5 years from the date of issuance, with renewal required pursuant to the procedures for initial issuance as set forth herein.

(10)

Such other specific conditions which the County Commission determines are necessary to mitigate anticipated negative impacts of the proposed landspread operation. Such conditions may include the imposition of reasonable fees to cover the costs of inspections by the county and/or other regulatory costs.

(Ord. No. 2024-06, § 1, 10-21-2024)

(a)

Any person convicted of violating any of the provisions of this Section, or who shall fail to abide by and obey all conditions placed on a Landspread Special Permit, shall be deemed guilty of a misdemeanor of the second degree, punishable as provided by general law.

(b)

In the event of failure to comply with any of the provisions contained herein, or with any condition placed on a Landspread Special Permit, the County Administrator may require the land applicator to cease and desist or order such other suitable corrective measures on the part of such land applicator. Such measures shall include, but are not limited to, the following: closure of the site, additional stabilization, permit revocation or suspension, and any other appropriate process deemed necessary for odor reduction, correction of nuisance problems and/or remedying of violation of this article.

(c)

In addition to any penalty provided by law for the violation of any of the provisions of this Section, the County Commission may bring suit in the appropriate circuit court to enjoin, restrain or otherwise prevent the violation of any of the provisions of this Section in any manner as provided by law.

(d)

The foregoing remedies shall not be exclusive, and the county may invoke any other remedies available pursuant to general law, special act or common law, including the general code enforcement provisions of the county.

Accessory Uses or Structures means designed, intended, and used to serve only overnight guests of the park.

Cabin or Lodge means a structure to be used for temporary housing quarters that is permanently affixed to the ground and which shall comply with the building code and regulations as adopted by the board of county commissioners and the statutes and regulations of the state concerning buildings, electrical installations, plumbing and sanitation systems.

Campsite means a generic term encompassing any site to be used for an RV, tent, cabin, or park trailer.

Overnight Recreational Park means any facility where guests are invited for overnight stays for shortterm recreational purposes, and which includes overnight facilities other than a primitive campground. The use may be in the form of an RV Park, Fish Camp, Hunting Camp, Religious Retreat, Eco-Tourism Lodge, Dude Ranch, or other such use.

Park Trailer means a transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and which does not exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when constructed to U.S. Department of Housing and Urban Development standards.

Recreational Vehicle (RV). As defined in F.S. §§ 320.01 (1) (b) 1.—8., as amended.

RVSite means any site to be used for RV, cabin, or park trailer.

Unit: Each of the following shall be counted as one dwelling unit for purposes of determining density:

1 Caretaker house.

10 RV sites.

10 Park trailer[s].

10 beds in cabins or lodges.

5 primitive campsites.

(Ord. No. 2011-15, § 1, 11-7-2011; Ord. No. 2012-06, § 2, 4-16-2012; Ord. No. 2024-06, § 1, 10-21-2024)

The following standards apply to all new Overnight Recreational Parks:

(a)

Maximum density. Density is the number of Units (as defined in this subsection) allowed per acre and shall be determined based on the applicable Future Land Use Category of the Gilchrist County Comprehensive Plan. Clustering of Units onsite shall be allowed so long as overall density does not exceed the maximum.

(b)

Minimum parcel size and maximum impervious surface. The minimum size shall be 80 acres, unless located in a commercial zoning district, in which case the minimum size shall be 5 acres; and the use shall not exceed the maximum impervious surface allowed for residential uses under the applicable Comprehensive Plan future land use category.

(c)

Uses allowed. The following uses may be allowed:

RV;

Cabins;

Lodge;

Meeting facilities;

Primitive camping;

Caretaker residence;

Accessory recreational facilities, e.g., golf course, tennis courts, pool, marina, docks;

Accessory retail, e.g., camp store, dive shop;

Accessory administrative and other service facilities;

Accessory rentals, e.g., boat, canoe, bicycle.

(d)

Maximum stay. The maximum length of stay shall be 90 consecutive days or 120 non-consecutive days within a 12-month period, with a minimum break of two weeks between stays at the same Park. The owner of the Park shall maintain accurate rental and occupancy records indicating when customers check-in and when they check-out of the Park, which shall be made available for inspection during regular business hours upon request from the Planning Director. With the exception of a Caretaker residences) lawfully constructed in accordance with the applicable Florida Building Code, Park facilities shall not be used as a permanent housing option. The length of stay may be extended up to 180 consecutive days pursuant to a temporary use permit if the person(s) requesting the extension is staying as a result of a demonstrated extreme hardship situation such as a medical emergency, the destruction of a principle home by fire, flood, or other calamity, subject to the following:

(1)

The permit shall have a maximum duration of six months.

(2)

The person(s) requesting the additional time shall have access to lawfully permitted electrical power, potable water, and bathroom facilities. If the person(s) requesting additional time will be making use of an RV site, the RV site must have a potable water hook up and a lawfully permitted sewer hookup at the RV site or usable dump station on premises.

(e)

Minimum setbacks. A minimum distance of ten feet will be maintained between all RVs, tents, or other overnight units.

(f)

Buffers. An Overnight Recreational Park shall be subject to the buffering and screening requirements under Section 6.05.03 of this Code.

(g)

Sanitation. The following sanitation standards shall be met:

(1)

An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings, camp sites within the park to meet the requirements of the park. Each camp site shall be provided with a cold water tap. An adequate supply of hot water shall be provided at all times for all bathing, washing, cleaning, and laundry facilities.

(2)

Restroom and shower facilities shall be provided in accordance with requirements of the state department of health and rehabilitative services, division of health. Such facilities shall be so located as to be reasonably available to all travel trailer spaces and campsites. Sewage effluent may only be disposed of in approved sanitary stations as herein provided.

(3)

A central sanitary sewer system shall be provided with connectors to each RV site. Waste from showers, bathtubs, flush toilets, urinals, lavatories, slop sinks, and laundries in service and other buildings within the park shall be discharged into a public sewer system. Upon demonstration that alternative systems of wastewater disposal are not feasible and that there will be no adverse impacts on groundwater, a package treatment plant meeting the requirements of the county health department and the state department of health and rehabilitative services, division of health, maybe allowed,

(4)

Approved garbage cans with tight fitting covers shall be provided in quantities adequate to permit disposal no farther than 300 feet from any camp site. The cans shall be kept in good repair at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that the garbage cans shall not overflow. The use of a central garbage collection system shall be permitted as an alternative.

(h)

Campsites. The following standards for campsites shall be met:

(1)

Each campsite shall be clearly defined on the ground and shall abut on a street or on a driveway with unobstructed access to a street, and each camp site shall contain no more than one RV, cabin, park trailer, or tent, and accessory structures.

(2)

Each campsite shall contain a minimum of 1,500 square feet and shall have a minimum width of 30 feet.

(3)

The requirements for paving, street lighting, electrical outlets and water taps may be waived in whole or in part where the approved site plan provides for a density in all or any portion of the campground of four spaces or less per gross acre, and where such spaces are designed and intended to afford the users thereof an opportunity to camp in a quiet, uncongested and natural setting.

(4)

For RV campsites: Each RV site shall have an electrical outlet with adequate amperage available to provide the needs of each RV. All such outlets shall be weatherproof. Permanent carports and accessory enclosures may be included in each RV Campsite, provided that such enclosures are not attached in any fashion to the RVs.

(i)

Park trailers and cabins. Park trailers and cabins shall be limited in size to 500 square feet.

(j)

Street and driveway improvements. Streets and driveways shall meet the following standards:

(1)

All streets and driveways shall be paved in accordance with the specifications as set forth in Article 6 of this Code.

(2)

All two-way streets and driveways shall have a minimum width of 20 feet. All one-way streets and driveways shall have a minimum width of 10 feet.

(k)

Street lighting. All streets and driveways within the campground shall be lighted at night with electric lights providing a minimum average illumination of 0.2 foot-candle.

(l)

Fires.

(1)

Fires shall be permitted only in stoves, fireplaces, and other equipment intended for such purposes.

(2)

Firefighting and protection equipment shall be provided at appropriate locations within the park. All equipment shall be maintained in good operating condition and its location shall be adequately marked. Inspection, maintenance, and marking of firefighting equipment shall be in accordance with those standards established by the national fire codes (National Fire Protection Association International) and the rules and regulations of the State of Florida Fire Marshal.

(m)

Service stores. A service store, if provided, shall be internally located within the park and shall not be provided separate driveway access or signage along an exterior road.

(n)

Site plan. The Special Use Permit application shall contain a complete site plan at a scale of not less than 50 feet to the inch and showing:

(1)

The area and dimensions of the proposed overnight recreational park.

(2)

The street and lot layout.

(3)

The location of water lines, sanitary sewer lines, natural gas lines, manholes, fire hydrants, and street lights.

(4)

A preliminary drainage plan prepared by a registered engineer.

(5)

Location and dimensions of all cabins, lodges, sanitation facilities, recreational facilities, buffers, office structures, utility buildings, service stores and impervious surfaces.

(6)

Density calculations.

(Ord. No. 2012-06, § 3, 4-16-2012; Ord. No. 2024-06, § 1, 10-21-2024)

The location of public, private and charter school sites shall be consistent with the following criteria:

(1)

The proposed school location shall be compatible with present and projected use of adjacent property.

(2)

Adequate public facilities and services are, or will be available concurrent with the development of the school.

(3)

There are no significant environmental constraints that would preclude development of an educational facility on the site.

(4)

There will be no adverse impacts on archaeological or historic sites or structures listed on the State of Florida Historic Master Site File, which are located on the site.

(5)

The proposed location is well drained and soils are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements.

(6)

The proposed site can accommodate the required parking and circulation of vehicles on the site.

(7)

Where feasible, the proposed site is so located to allow for co-location with parks, libraries and community centers.

(8)

Middle and high schools shall be located on collector or arterial roadways, as functionally classified within the Comprehensive Plan, which have sufficient capacity to carry traffic to be generated by the school and are suitable for high volume traffic during evening and special events as determined by generally acceptable traffic engineering standards;

The County shall require the development of public, private and charter school sites to be consistent with the following standards.

(1)

The location, arrangement and lighting of play fields and playgrounds shall be located and buffered as may be necessary to minimize impacts to adjacent residential property; and

(2)

All structural setbacks, building heights, and access requirements shall be governed by the County's land development regulations.

(a)

The Board of County Commissioners may approve, approve with conditions or deny an application for a telecommunications tower and/or antenna pursuant to the Development of Major Impact procedures in Article 12.

(b)

Meeting the requirement of this section shall not excuse the applicant from otherwise complying with the County's Comprehensive Plan and these Land Development Regulations. The Board of County Commissioners shall have the right and authority to waive certain requirements of this section where it is found that a literal application or enforcement of this section would result in practicable difficulty or unnecessary hardship and relief granted would not be contrary to the public interest or intent of this section, but will do substantial justice and remain in accordance with the spirit of this section.

(a)

The standards in this Section apply to all new or expanded telecommunications towers, except as specifically provided herein.

(b)

No permit is required under this section for telecommunications towers used for governmental purposes and located on property, rights-of-way, or easements owned by any governmental entity.

(c)

Routine maintenance, including replacement with a new tower and height modifications to accommodate the co-location of an additional user (or users) shall be permitted on such existing towers. New construction, other than routine maintenance and modifications to accommodate co-location on an existing telecommunication tower, shall comply with the requirements of this section.

(d)

No permit under this section shall be required to locate a telecommunications antenna on an existing structure, provided however, that the telecommunications antenna does not extend more than 20 feet above the existing structure. Such structures may include, but are not limited to buildings, water towers, existing telecommunications towers, recreational light fixtures and other public utility structures.

(e)

No permit under this section shall be required to locate a telecommunications antenna used by amateur radio operators licensed by the federal Communications Commission, including citizens band (CB), UHF Aircraft, VHF Marine, telecommunications antenna used by investor-owned electric utilities, municipally-owned electric utilities or rural electric cooperatives for the provision of the essential service of electricity, or similar radio operators, or such antenna, which is exempted, or local authority preempted by, federal or state law.

(f)

For purposes of this section, a telecommunications tower that has received final approval in the form of either a special use permit or building permit, but has not yet been constructed shall be considered an existing tower so long as such approval is otherwise valid and unexpired.

(g)

A permit for an amateur radio tower may be approved by the Planning Director and shall be exempt from the standards and procedures of this section if the following standards are met:

(1)

The proposed tower shall be intended and used solely for private, non-commercial purposes such as for private short-wave radio use.

(2)

The proposed tower shall not exceed 125 feet in height, or the distance from the tower to the property line of the parcel on which the tower sits, whichever is less.

(3)

Upon proof of engineering to ensure collapse without going beyond the property line of the parcel on which the tower is located, the Planning Director may approve a tower of up to 125 feet in height even if the tower is closer than 125 feet from a property line.

(h)

Notwithstanding anything herein to the contrary, this section shall not be construed to exempt telecommunications towers or antenna from compliance with other County ordinances and regulations such as building permit requirements.

(a)

Telecommunications towers may be located in Agricultural-3 (A-3), Agricultural-4 (A-4), Agricultural-5 (A-5), commercial and industrial zoning districts as a permitted principal use and shall not be subject to review by the Planning Commission and the Board of County Commissioners so long as such tower is not located within ½ mile from a recorded or unrecorded approved subdivision, or public or private school, provided that such tower or antenna shall meet all other requirements of this Land Development Code.

(b)

Every reasonable effort shall be made to locate telecommunications towers in an Agriculture-3 (A-3), Agriculture-4 (A-4), Agriculture-5 (A-5), commercial or industrial zoning districts.

(c)

Telecommunications towers shall be prohibited within a recorded or unrecorded approved subdivision.

(d)

Regardless of the zoning district in which a telecommunications tower or antenna is located, the tower and antenna shall meet the following standards. Distances shall be measured from the center of the base of the telecommunications tower to the boundary line of recorded or unrecorded approved subdivisions.

(1)

Camouflaged towers shall be permitted within 1 times the height of the tower from recorded or unrecorded approved subdivisions.

(2)

Towers that are not lit shall be at least 5 times the height of the tower or 450 feet, whichever is greater, from recorded or unrecorded approved subdivisions.

(3)

Towers that are lit at night with red lights shall be at least 7 times the height of the tower from recorded or unrecorded approved subdivisions.

(4)

Towers that are lit at night with white lights shall be at least twenty (20) times the height of the tower from recorded or unrecorded approved subdivisions;

(e)

If the proposed location is within an Agricultural-1 (A-1) or Agricultural-2 (A-2) district, the proposed location shall reasonably minimize the impact of the telecommunications tower due to height, use or appearance of the adjacent structures or surrounding area.

(f)

A telecommunications tower shall not be approved in an area unless:

(1)

There are no existing building structures located within the area that are reasonably available to the applicant for the intended purpose and serve the applicant's telecommunications needs; and

(2)

No other existing telecommunications tower meeting the applicant's telecommunications system needs located within the area is reasonably available to the applicant for purposes of co-location. Further, owners of telecommunications towers must provide access and space for government-owned antenna where possible on a basis not less favorable than is required for private co-location.

(g)

No telecommunications tower shall be located or allowed which causes the existing airport license of any airport as defined in Chapter 330, Florida Statutes, as amended, to be limited, modified, restricted or otherwise changes as result of the siting of such telecommunications tower;

(h)

Replacement towers shall be located on the same parcel. They shall be located within 30 feet of the existing tower, and may be rebuilt to the same or lesser height as the existing tower. The replacement tower may be the same tower type or monopole and unless required by FAA, shall be dual lighted. The replacement tower must be able to accommodate at least two new carriers. The standards in (a) through (g) above are not applicable to replacement towers. Replacement towers shall comply with County Building Code Requirements together with the design and construction and co-location criteria herein. Temporary structures to antennas during the construction of the replacement tower, shall be permitted on the site for up to 60 days. At the time the building permit is issued for the replacement tower, the demolition permit for removal of the old tower will be issued. The old tower must be removed within 60 days of completion of the replacement tower; and

(i)

The applicant must provide a written, notarized statement to the Planning Director demonstrating compliance with (a) through (h) above.

(Ord. No. 2024-06, § 1, 10-21-2024)

(a)

Regardless of the zoning district in which a telecommunications tower or antenna is located, the tower and antenna shall meet the following criteria for the design and construction of telecommunications towers.

(b)

The proposed height of the telecommunications tower is the minimum necessary by the applicant to satisfy the applicant's telecommunications systems needs at the proposed location.

(c)

All other applicable permits must be obtained, including Federal Communication Commission and County building permit approvals before construction. All tower facilities shall comply or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communication Commission and any other agency of federal or state government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owner(s) shall bring such towers or antennas into compliance with such revised standards and regulations to the extent required by such governmental agency.

(d)

All towers shall be designed and constructed to Electronic Industries Association/ Telecommunications Industry Association 222-E Standards or greater (at the option of the applicant) as published by the Electronic Industries Association, as may be amended from time to time. Telecommunications tower owners shall be responsible for periodic inspections of such towers at least once every 5 years to ensure structural integrity. Such inspections shall be conducted by a structural engineer licensed to practice engineering in Florida. The results of the inspection shall be filed with the Land Development Regulation Administrator.

(e)

All towers shall be designed and constructed so that in the event of collapse or failure the tower structure will fall completely with the tower parcel or property. Certification of this requirement signed by a structural engineer with a current license issued by the State of Florida shall be provided by the applicant to the Planning Director.

(f)

All telecommunications tower supports and peripheral anchors shall be located within the parcel or property where the tower is located.

(g)

Telecommunications towers shall be marked and lighted as required by Federal Aviation Administration, or other federal or state agency of competent jurisdiction, however, provided that, strobe lighting shall not be used after dark.

(h)

All accessory buildings or structures shall comply with other applicable provisions of this Land Development Code.

(i)

Setbacks for telecommunications tower accessory buildings and structures shall comply with the requirements for the zoning district in which the tower is located.

(j)

No advertising shall be permitted on the tower structure.

(k)

The perimeter base of all telecommunications towers shall be enclosed within a security fence no less than 8 feet in height with access secured by a locked gate.

(l)

All telecommunications tower facilities shall be identified by use of a metal plate or other conspicuous marking giving the name, address and telephone number of the telecommunications tower owner and lessee if different from the owner, and operator. Such identification shall also include the telephone number of a contact person.

(a)

Regardless of the zoning district in which a telecommunications tower or antenna is located, the following requirements shall be met for co-location of telecommunications towers and antennas.

(b)

A special use permit for the location and use of a telecommunications tower shall not be granted unless and until the applicant demonstrates that a feasible co-location is not available for the coverage area an capacity needs of its antenna.

(c)

All new telecommunications towers shall be designed and constructed so as to accommodate co-location. Establishing accommodation for co-location of at least 2 other providers of at least equal capacity shall meet the requirements of this section.

(d)

If a party who owns or otherwise controls a telecommunications tower shall fail or refuse to alter a telecommunications tower so as to accommodate a proposed and otherwise feasible co-location, said telecommunications tower shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.

(e)

If a party who owns or otherwise controls a telecommunications tower shall fail or refuse to permit a feasible co-location, and this requires construction and/or use of a new telecommunications tower, the party failing or refusing to permit a feasible co-location shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the County's Land Development Regulations, and consequently such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new telecommunications tower within the County for a period of 5 years from the date of the failure or refusal to permit the co-location. Such a party may seek and obtain relief of the 5 year prohibition of receiving approval for a new telecommunications tower by the County if, and to the limited extent, the applicant demonstrates entitlement to relief, which in this context, shall mean a demonstration that enforcement of the 5 year prohibition would unreasonably discriminate among providers of functionally equivalent services, or that such enforcement would have the effect of prohibiting the provision of telecommunication services.

(a)

All telecommunications towers or antennas existing on the effective date of this Code, shall be allowed to continue to be used as they presently exist.

(b)

Telecommunications towers or antenna existing on the effective date of this Code that are damaged or destroyed may be rebuilt and all such towers or antennas may be modified or replaced; provided the type, height, and location of the tower shall be of the same type and intensity (or lesser height or intensity(e.g., a monopole in substitution for a lattice tower) as the original facility. Building permits to rebuild any such tower shall otherwise comply with applicable County building code requirements together with the design and construction criteria in Section 8.06.04, except paragraph (i) if such setbacks cannot be met, and shall be obtained within 1 year from the date the tower is damaged or destroyed. If no permit is obtained or said permit expires, the telecommunication tower shall be deemed abandoned as specified in this section.

(c)

Any telecommunications tower or antenna found not to be in compliance with building code standards, or found to constitute a danger to persons or property, upon notice to the owner of the telecommunications facility, such tower or antenna shall be brought into compliance or removed within 90 days. In the event the use of any telecommunication tower has been discontinued for a period of 1 year, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Planning Director who shall have the right to request documentation and/or affidavits from the telecommunications tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator of the tower shall have an additional 90 days within which to:

(1)

Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

(2)

Dismantle and remove the tower.

At the earlier of 1 year from the date of abandonment without reactivation or upon completion of dismantling and removal, any special use permit approval for the tower shall automatically expire.

(a)

An application for a permit shall be reviewed according to the procedures for Developments of Major Impact in Article 12.

(b)

The application shall include the following information:

(1)

An inventory of existing telecommunications towers owned/operated by the applicant in the area. Each applicant for a tower site shall provide the County with an inventory of its existing telecommunications towers that are either within the jurisdiction of County or within ½ mile of the border thereof, including specific location, height and design of each tower. Such information shall be public record document and may be shared by the County with other applicants seeking to locate telecommunications towers within the County.

(2)

Description of the area of service of the telecommunications tower identifying the use of the tower or antenna for coverage or capacity.

(3)

If required, photo simulations of the proposed telecommunications facilities illustrating the potential visual impact.

(4)

Site plan or plans to scale specifying the location of tower(s), guy anchors (if any), accessory buildings or uses, access, parking, fences, landscaped areas, and adjacent land uses.

(5)

Legal description of the parent tract and leased parcel (if applicable). The location of the proposed telecommunications tower in digital format compatible with the County's geographic information system. Certification by a Florida licensed land surveyor of the mean sea level elevation and topography.

(6)

Utilities inventory indicating the locations of all water, sewer, drainage, and power lines impacting the proposed tower site.

(7)

Report from a structural engineer, licensed to practice engineering in Florida documenting the following:

a.

Tower height and design, including technical engineering, and other pertinent factors governing the proposed tower design. A cross-section of the tower structure shall be included.

b.

Total anticipated capacity of the structure, including number and types of antennas which can be accommodated.

c.

Failure characteristics of the tower and demonstration that the site and setbacks are of adequate size to contain possible debris.

(8)

Written statement from the Federal Aviation Administration, the Federal Communications Commission and appropriate federal or state review authority stating that the proposed tower site complies with regulations administered by that agency or that the tower is exempt from such regulations.

(9)

Written agreement to lease excess space on the tower structure and to lease additional excess land on the tower site until the shared use potential of the tower is absorbed, where feasible, and subject to reasonable terms. The term "where feasible," as it applies to co-location, means the utilization of tower by another party which would, at the time of such utilization, comply with sound engineering principles, would not materially degrade or impact existing users. Reasonable terms for use of a telecommunications tower and tower site that may be imposed by the owner include requirement for a reasonable rent or fees, taking into consideration the capitalized cost of the telecommunications tower and land, rental and other charges payable by the tower owner, the incremental cost of designing and constructing the tower so as to accommodate additional users, increases in maintenance expenses relating to the tower and a fair return on investment, provided such amount is also consistent with rates paid by other co-locators at comparable telecommunications tower sites.

(10)

Evidence of applicant's inability to co-locate on a reasonable basis on an otherwise suitable existing telecommunications tower for the location of proposed antenna.

(11)

Evidence that the telecommunications tower is needed to meet the applicant's communications systems requirements.

(12)

The applicant shall provide any additional information which may be reasonably requested by the Planning Director to fully evaluate and review the proposed telecommunications tower and/or antenna.