Visibility triangles, within which nothing shall be erected, placed, parked, planted or allowed to grow in such a manner as to materially impede vision between a height of 2½ and ten feet above the centerlines of intersecting thoroughfares, shall be provided as follows: (see also the diagrams below)

(1)

Street intersections. Beginning at the intersection of street right-of-way, projected where rounded, thence in each direction along adjoining property for a distance of 25 feet, and thence in a straight line across the property.

(2)

Intersections of driveways with streets. Beginning at the intersection of the driveway edge with the street right-of-way, projected where rounded, thence along the street right-of-way, for a distance of 25 feet, thence in a straight line across the property to a point on the edge of the driveway 25 feet from the point beginning, and thence to the point of beginning. Where driveways are curved or intersect with the street at other than right angles, a visibility triangle shall be provided giving equivalent visibility to drivers of cars on and entering the street.

(Ord. No. 75-3, § 5.7, 8-25-1975)

The following uses and structures shall be permitted in required yards, subject to the limitations established:

(1)

Except as required for maintenance of visibility at street intersections, or at intersections of driveways with streets, fences, walls and hedges shall be permitted in any required yards.

(2)

Covered entry porches, enclosed or unenclosed, may project into any required yard, provided that no such porch shall project more than three feet into such yards, where the required yard is eight feet or more in width.

(3)

Architectural features, eaves, chimneys, fireplaces, balconies and the like may project into required front, side or rear yards not more than three feet where the required yard is eight feet or more in width.

(4)

In residential districts accessory structures and uses shall not be located in required front or side yards but may be located in rear yards but not within five feet of the rear lot line; provided, however, that accessory structures for the housing of persons, such as guest houses and garage apartments, shall not be located in any required yard. On double frontage lots in residential districts, accessory uses and structures shall not be located in either of the required front yards, but may be located in side yards. In all districts no separate accessory building shall be located within five feet of any other building.

(Ord. No. 75-3, § 5.2, 8-25-1975)

Temporary structures in connection with land development or construction projects may be erected, for occupancy other than as dwelling or lodging units, in any district, but shall require a permit from the administrative official. Such permit shall specify location, type of construction, maintenance requirements, and period for which such structure may be erected, provided however that no such permit shall be for a period of more than six months, subject to renewal upon approval of the administrative official. Failure to obtain such permit, or violation of conditions specified therein, shall be unlawful and a violation of this chapter.

(Ord. No. 75-3, § 5.7, 8-25-1975)

All buildings and other structures shall be so located and arranged on lots as to provide safe and convenient access for fire protection, servicing, and off-street parking located on the premises.

(Ord. No. 75-3, § 5.3, 8-25-1975)

The following regulations shall apply to the location, design, construction, operation, and maintenance of all automotive service stations, including all petroleum base fuels and systems and any other types, petroleum or otherwise to be devised and established for similar and related service activities:

(1)

An automotive service station lot shall be of adequate width and depth to meet all district setback requirements, but in no-case shall the width of a lot be less than 150 feet and contain less than a minimum area of 20,000 square feet. Except for existing automotive service stations, the land use and construction oversight commission shall have no power to grant variances below minimum lot requirements for automotive service stations.

(2)

All lights and lighting on an automotive service station and lot shall be so designed and arranged that the light source shall not be directly visible from a residential district. No part of any light structure shall protrude beyond property lines.

(3)

No automotive service station building or gasoline pumps shall be located within 25 feet of any property that is residentially zoned.

(4)

Where a lot to be used for a service station abuts on any property which is residentially zoned there shall be a wall designed and installed on all property lines other than street lines which will prevent auto lights, smoke, fumes, dust and other obnoxious materials (from ground level to the required fence height) from penetrating into the residential district. The wall shall be at least five feet high.

(5)

No gasoline pump shall be located within 15 feet of any street right-of-way line; where a street setback line has been established, no gasoline pump shall be located within 15 feet of such setback line. Where conditions of traffic safety, due to street intersections, lack of visibility at a street crown or other peculiar circumstance prevail, additional setbacks may be required but in no case shall they be required to exceed 25 feet.

(6)

The number of curb breaks for an automotive service station shall not exceed two for each 150 feet of street frontage, each having a width of not more than 40 feet and located not closer than 15 feet to the right-of-way lines of any intersection. Such curb breaks shall not be closer than 15 feet to any other private property line and there shall be a minimum distance of 15 feet between such curb breaks. Clearance for curb breaks shall be obtained from the State Department of Transportation for any proposed station located on a street under department of transportation jurisdiction.

(Ord. No. 75-3, § 5.9, 8-25-1975)

Essential services, herewith defined as services authorized and regulated by state or national public utility commissions or services owned or franchised by the county may be located within any zoning district after review and recommendation by the planning commission to the board of county commissioners. This provision comprehends both structures and uses and includes gas, water, electric, sewerage, and telephone facilities. However, this provision shall not be deemed to permit the location in a district of such establishments as electric or gas generating plants, sewage treatment plants. water pumping facilities or aeration facilities, liquid petroleum gas storage facilities above or below ground from which they would be otherwise barred, and provided further, that this provision shall not be deemed to include the establishment of structures for commercial activities such as sales or the collection of bills in districts from which such activities would be otherwise barred. Under this provision, where structures are involved, such structures shall conform insofar as possible to the character of the district as to architecture and landscaping and shall meet all yard, area and similar requirements as provided for in the district in which they are to be located.

(Ord. No. 75-3, § 5.10, 8-25-1975)

The planning commission may recommend the location in any zoning district of any public buildings erected by, or any use of, municipal, county, state, or federal government, to the board of county commissioners for their action, provided all yard, area and similar requirements as provided for in the district in which they are to be located are met.

(Ord. No. 75-3, § 5.11, 8-25-1975)

Construction of a house displayed for advertising purposes, not intended to be sold or occupied as a dwelling, whether in connection with a residential development or otherwise, shall not commence until a performance bond adequate to insure the removal of the structure has been posted with the administrative official and approved by the county attorney.

(Ord. No. 75-3, § 5.12, 8-25-1975)

(a)

Generally.

(1)

Off-street parking facilities shall be provided as required by this chapter. For purposes of this chapter, an off-street parking space shall consist of a space adequate for parking a standard sized automobile with room for opening doors on both sides, together with properly related access to a street or alley and adequate maneuvering room. Required off-street parking areas for three or more automobiles shall have individual spaces marked, except as provided below, and shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another. For purposes of rough: computation, an off-street parking space and necessary access and maneuvering room shall be estimated at 400 square feet with the minimum width being ten feet, but off-street parking requirements will be considered to be met only where actual spaces meeting the requirements above are provided and maintained, improved in the manner required by this article and in accordance with all other ordinances and regulations of the county.

(2)

Except as otherwise provided, all off-street parking spaces, loading areas, and related access areas shall be graded, surfaced with impervious materials, and maintained in a manner permitting safe and convenient use, and so as to avoid adverse effects on neighboring property as a result of dust or drainage.

(3)

Driveways, access aisles, and parking spaces for public and private schools offering academic courses may be surfaced with turf in areas involving only occasional use.

(b)

Existing buildings or uses.

(1)

Buildings existing as of the effective date of Ordinance No. 75-3 may be modernized, altered, or repaired without providing additional off-street parking or off-street loading facilities, provided there is no increase in floor area or capacity.

(2)

Where a building or use existed as of the effective date of Ordinance No. 75-3 and such building or use is enlarged in floor area, volume, capacity, or space occupied, off-street parking and off-street loading as herein specified shall be provided for the additional floor area, volume, capacity, or space so created or used.

(3)

Where change in use of a building or land required additional parking or loading spaces, such spaces shall be provided in addition to the number existing for the prior use. Where the change in use decreases requirements, only the number required for the new use need be maintained.

(c)

Location. The required off-street parking facilities shall be located on the same lot or parcel of land they are intended to serve, provided, however, that the planning commission may recommend the establishment of such off-street parking facilities within 400 feet of the premises they are intended to serve when:

(1)

Practical difficulties prevent the placing of the facilities on the same lot as the premises they are designed to serve;

(2)

The owner of the said parking area shall enter into a written agreement with the county with enforcement running to the county providing that the land comprising the parking area shall never be disposed of except in conjunction with the sale of the building which the parking area serves so long as the facilities are required; and

(3)

The owner agrees to bear the expense of recording the agreement and agrees that the agreement shall bind his heirs, successors, and assigns. The written agreement shall be released by the county if equivalent off-street parking facilities are provided in accord with this chapter.

(d)

Plans for off-street parking required. Except for single-family detached dwellings on individual lots, a plan shall be submitted with every application for a building permit for any building or use that is required to provide off-street parking. The plan shall accurately designate the required parking spaces, access aisles, and driveways, and the relation of the off-street parking facilities to the uses or structures such facilities are designed to serve.

(e)

Combined off-street parking.

(1)

Two or more owners or operators of buildings or uses requiring off-street parking facilities may make collective provision for such facilities, provided that the total of such parking spaces when combined or used together shall not be less than the sum of the requirements computed separately.

(2)

No part of an off-street parking area required for any building or use shall be included as a part of an off-street parking area similarly required for another building or use unless the planning commission shall find that the type of use indicates that the period of usage will not overlap or be concurrent with each other.

(f)

Employee parking. Where off-street parking facilities are specified on the basis of number of employees, such parking shall be clearly marked and reserved for use of such employees. Where a use is required to provide and reserve a certain number of spaces for employees and the number of employees increases after the building is occupied, then the amount of off-street parking provided shall be increased in ratio to the increase of the number of employees. Plans submitted shall make provision for anticipated full employment.

(g)

Nonconforming use. Where major repairs, alterations, or extensions of use are to be made in a building occupied by a nonconforming use, no such repairs, alterations, or extensions shall be permitted unless and until the off-street parking requirements for a conforming use of the type involved in the district in which such use is first permitted are applied to the existing use and full provision for off-street parking facilities is made.

(h)

Minimum requirement. Regardless of other requirements of this article each and every separate individual store, office, or other business shall be provided with at least one off-street parking space, unless specific provision to the contrary is made herein.

(Ord. No. 75-3, § 5.13(a)—(h), 8-25-1975)

(a)

Generally.

(1)

When the use of a structure or land or any part thereof is changed to a use requiring off-street loading facilities, the full amount of off-street loading space required shall be supplied and maintained. When any structure is enlarged or any use extended so that the size of the resulting occupancy required off-street loading space, the full amount of such space shall be supplied and maintained for the structure or use in its enlarged or extended size.

(2)

Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street loading space. Such loading space shall be accessible from the interior of the building it serves and shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination or service vehicle.

(b)

Combined off-street loading. Collective, joint, or combined provisions for off-street loading facilities for two or more buildings or uses may be made, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are designed, located, and-arranged to be usable thereby.

(c)

Plans for off-street loading required. A plan shall be submitted with every application for a building permit for any use or structure required to provide off-street loading facilities. The plan shall accurately designate the required off-street loading spaces, access thereto, dimensions; and clearance.

(d)

Off-street loading requirements. Off-street loading spaces shall be provided and maintained as follows:

(1)

Each retail store, storage warehouse, wholesale establishment, industrial plant, factory, freight terminal, market, restaurant, mortuary, laundry, dry cleaning establishment, or similar use, based on an aggregate floor area as follows:

a.

Over 5,000 square feet, but not over 25,000 square feet, one space.

b.

Over 25,000 square feet, but not over 40,000 square feet, two spaces.

c.

Over 40,000 square feet, but not over 100,000 square feet, three spaces.

d.

Over 100,000 square feet, but not over 200,000 square feet, four spaces.

e.

Over 200,000 but not over 290,000 square feet, five spaces.

f.

Plus one additional off-street loading space for each additional 90,000 square feet over 290,000 square feet or major fraction thereof.

(2)

For each multiple dwelling, motel, or hotel having:

a.

At least 20 dwelling but not over 50 dwelling units, two spaces.

b.

Over 50 dwelling units, two spaces, plus one space for each additional 50 dwelling units, or major fraction thereof.

(3)

For each auditorium, exhibition hall, museum, office building, sports arena, stadium, hospital, sanitarium, welfare institution, or similar use which has an aggregate floor area of:

a.

Over 10,000 square feet, but not over 40,000 square feet, one space; plus

b.

For each additional 60,000 square feet over 40,000 square feet or major fraction thereof, one space.

(4)

For any use not specifically mentioned, the requirements for off-street loading facilities for a use which is so mentioned and to which the unmentioned use is similar shall apply.

(5)

An off-street loading space shall have minimum dimensions as follows:

a.

Length: 40 feet;

b.

Width: 12 feet;

c.

Height or clearance: 14 feet.

(Ord. No. 75-3, § 5.13(i)—(l), 8-25-1975)

For purposes of these section major recreational equipment is defined as including boats and boat trailers, houseboats, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

(Ord. No. 75-3, § 5.14, 8-25-1975)

(a)

Except for boat and boat trailers and utility trailers, automotive vehicles, mobile homes or trailers of any kind or type without current licenses plates shall not be parked or stored on any residentially zoned property other than in a completely enclosed building; provided, this requirement shall not prohibit the parking of a mobile home in current use for dwelling purposes in a district where such use is permitted or permissible.

(b)

Commercial vehicles or equipment shall not be parked or stored in any residential district unless engaged in a construction service operation on the site, or, unless parked within an enclosed structure sufficient to screen it from view from an adjacent property. No maintenance or repair of commercial vehicles parked within an enclosed structure as permitted by this subsection shall be allowed. Operation of commercial vehicles parked within an enclosed structure as permitted by subsection (a) of this section shall not operate in a manner to cause a nuisance.

(c)

Automotive vehicles and RV or utility trailers without a current license and in inoperative condition shall not be parked or stored in any residential district unless screened from view from any adjacent property.

(d)

Automobiles, vans, and pickup trucks having a rated load capacity of one ton or less shall not be considered commercial vehicles for purposes of this section.

(Ord. No. 75-3, § 5.15, 8-25-1975; Ord. No. 2006-26, § 3, 8-28-2008)

(a)

The following provisions shall apply to all automotive wrecking yards or junkyards created after the effective date of Ordinance No. 75-3 and subsections (a)(2) and (a)(3) of this section shall apply to automotive wrecking yards and junk yards existing on the effective date of Ordinance No. 75-3, whether such automotive wrecking yards or junk yards are in conforming or nonconforming status at such effective date:

(1)

The area of land to be used shall not be less than two acres nor more than ten acres.

(2)

No automotive vehicle not in condition to be operated on the roads of the state. No machinery or other junk or scrap shall be located for storage or dismantling within 300 feet of any residential district, within 50 feet of the front street line, or within 30 feet of any side street line or other property line of the plot to be so used.

(3)

The entire area occupied by a junk yard shall be surrounded by a substantial, continuous masonry, wooden, or metal fence or wall eight feet in height without openings of any type except for entrance or exit; gates at entrance or exit shall be unpierced. The required fence shall be constructed of the same type of material throughout the entire fence. The fence shall be constructed on the basis of the setback requirements set out in subsection (a)(2) of this section and no storage or dismantling shall be permitted outside the required fence.

(b)

In the case of existing automotive wrecking yards or junk yards, the requirement of subsection (a)(2) and (a)(3) of this section shall be met not less than one year after the effective date of Ordinance No. 75-3.

(Ord. No. 75-3, § 5.16, 8-25-1975)

(a)

In order to accomplish the intent and purposes of the comprehensive land development and major street plans, base building line requirements have been established for streets and the proposed extensions thereof within the unincorporated area of the county as set our in this subsection. All yards required by this chapter shall be measured from such base building lines. Where no yard requirements are set out for a zoning district, no building or structure or any part thereof, sign, canopy or parking area shall extend street ward beyond the base building line, except as specifically set out in this chapter. In case of conflict between these minimum requirements and other requirements contained herein or other county codes and ordinances, the most restrictive regulations shall apply.

(b)

In all commercial and industrial districts no building or other structure shall be erected within 35 feet of the centerline of any street where a greater setback has not been established as set out below.

(c)

On the following streets, setback lines are determined by dividing by two the rights-of-way indicated and measured from the centerline of the street rights-of-way:

(1)

U.S. 27, 300 feet.

(2)

State Road 29, 100 feet.

(3)

State Road 80, 100 feet.

(4)

State Road 78, 100 feet.

(5)

State Road 74 in west half of county, 80 feet.

(6)

Secondary Road 721, 80 feet.

(7)

Secondary Road 720 in eastern half of county, 80 feet.

(8)

Secondary Road 720 in western half of county, 60 feet.

(9)

Secondary Road 731, 60 feet.

(10)

State Road 72 in eastern half of county, 60 feet.

(11)

Ortona Road, 60 feet.

(12)

Goodno Road, 60 feet.

(Ord. No. 75-3, § 5.19, 8-25-1975)

(a)

Site plan. In order to promote safety and improved traffic circulation on the property and to prevent potentially adverse effects on adjoining properties in connection with commercial development, petitioners, for all proposed commercial developments, shall submit a site plan for consideration to the planning commission, indicating proposed uses and structures, driveways and parking areas, yards, buffering, a schedule for initiation and completion of development, and such other details as the planning commission may require by general rules or findings in the particular circumstances of the case. If approved, such plan shall be binding upon the petitioner and any successors in title, and no substantial change shall be permitted without approval from the planning commission.

(b)

Limitations on vehicular access. Except for utility and service vehicles, there shall be no vehicular access to the property through a residential district.

(c)

Site planning; limitations on operations. Site planning, design and location of structures and open spaces, and management of operations shall be such that orientation of commercial and related activities is toward the frontage on the street. There shall be no sales, service storage or display of goods or materials and no off-street loading operations, garbage or trash storage, or collection or disposal facilities visible in any portion of the property from any portion of any abutting residential district. Signs on the property shall be oriented away from any abutting residential district. Lighting of structures and premises on the property shall be so directed and shielded as to protect adjoining residential uses from nuisance effects.

(d)

Yard requirements; buffering. Yards and structural buffering shall be provided to minimize the impact of the development of any abutting residential district. The following minimum requirements may be increased to achieve a stated public purpose, but shall not be diminished:

(1)

Yards adjacent to streets shall be a minimum of 25 feet in depth.

(2)

Yards adjoining lot lines in any residential district shall be a minimum of 15 feet in minimum dimension.

(3)

All yards provided which abut any residential district shall be landscaped and maintained appropriate to the residential surrounds. No portion of any required yard abutting any residential district shall be used for off-street parking.

(4)

Where necessary to protect adjacent property in residential districts from lights, noise, or undesirable views, appropriate fences or walls may be required to be provided and maintained as required in this chapter.

(e)

Additional requirements. After examination of the site plan, the planning commission may require changes where necessary for stated public purposes as a condition for approval, and may attach additional conditions and safeguards, including limitations on hours and manner of operation, beginning and conclusion of construction or other matters. the planning commission, shall not reduce the above-stated conditions and safeguards in granting approval.

(Ord. No. 75-3, § 5.19, 8-25-1975)

(a)

Definition. In this section the term "recreational vehicle" includes a camper, motor home, fifth wheel, truck camper, foldout camper, mini-home, and park model. Recreational vehicles, as addressed herein, shall be defined in two subcategories as follows. Requirements may vary by category.

(1)

Travel trailer recreational vehicle, which means any regular recreational vehicle of no more than eight feet in width when secured for highway transport, not requiring conventional blocking and tie-down systems, factory equipped with either sanitary holding tanks or multiple power source appliances, and not requiring permitting or installation inspections.

(2)

Park recreational vehicle, which means any registered recreational vehicle of eight or more feet in width. Any recreational vehicle by manufactured design that requires conventional blocking and tie-down systems, is not factory designed with sanitary holding tanks or multiple power source appliances, and requiring installation permitting and inspection prior to occupancy. A mini-home or park model shall have a recreational vehicle sticker for identification.

(b)

Additions.

(1)

Additions and alterations to recreational vehicles such as cabanas, screen rooms, carports, storage buildings, skirting, and wheel covers are allowed. All construction shall comply with applicable building codes and ordinances, as amended. Plans must be approved and a construction permit issued by the building department. The plot plan must be approved by the zoning department. The construction plans shall include the type and quality of materials and the exterior appearance of the addition. The plot plan shall include the location of the addition and the recreational vehicle on the lot, the respective dimensions and lot line setbacks, and such other details as may be required to ascertain compliance with applicable ordinances.

(2)

Cabanas, screen rooms, and open carports may be attached to the recreational vehicle or be constructed as a free-standing structure. Cabanas and screen rooms shall have a floor system and shall be constructed on a solid foundation. The addition may be constructed of aluminum or wood where compatibly designed and installed to building code standards. Storage buildings of similar design and construction standards are permitted. The size of the storage building is limited to 48 square feet of floor area.

(3)

Cabanas, screen rooms, carports, and storage buildings shall meet the setback requirements as set forth herein.

(4)

Skirting and wheel covers shall be of high quality aluminum, fiberglass, canvas, or wood/lattice.

(c)

Recreational vehicle parks and recreational vehicle park condominiums.

(1)

Definitions. The following definitions apply to this subsection:

Recreational vehicle park and campground means a parcel of land under unified ownership or management which has been planned, designed, and constructed for the placement of recreational vehicles as defined by this section, for short-term occupancy as rented spaces, including any land, buildings, structures, or facility used by recreational vehicle occupants on such premises.

Recreational vehicle park condominium means that form of ownership of real property created pursuant to F.S. ch. 718. A recreational vehicle park condominium is permitted in the same zoning districts as prescribed for recreational vehicle parks. Minimum standards and design requirements are the same as for recreational vehicle parks.

(2)

Design requirements. The following minimum standards and design requirements shall apply in any district where recreational vehicle parks and recreational vehicle park condominiums are permitted.

a.

No recreational vehicle park shall be permitted unless the owners provide direct access to a dedicated public thoroughfare of the county. Both the access road and the interior streets shall conform to the specifications of the Glades County Comprehensive and Major Street Plan, as amended, as to arrangement, character, extent, width, grade, base, driving surface and location. Consideration shall be given to the topographical conditions, public convenience, safety, and the existing and planned uses in the park. Recognizing that the magnitude and impact of a recreational vehicle park may not be the same as conventional housing subdivision, the planning commission and the board of county commissioners shall have the authority to grant such variances from the specifications of the Glades County Comprehensive and Major Street Plan as may be necessary or appropriate under the circumstances.

b.

The right-of-way for the access road shall be a minimum of 20 feet wide and the driving surface shall be a minimum of 18 feet wide, consisting of a minimum road base of ten inches of shell or lime rock. The road shall not be dedicated to the public or dedicated to the county and the county shall not be required to accept maintenance thereof. The turn radius shall be designed so as to accommodate installation or removal of the largest units allowed. The planning commission shall have the authority to require a wider right-of-way or road if deemed necessary for the circumstances.

c.

A minimum number of off-street parking spaces equal to the number of units multiplied by a factor of 1.5 with each unit having at least one off-street parking space at the unit site.

d.

Minimum lot size shall be 30 feet wide and 50 feet long.

e.

A minimum of eight percent of the land area shall be reserved and utilized for recreational purposes.

f.

The side, front and rear yard setbacks shall be a minimum of five feet from each lot line.

g.

The sanitary facility shall be permitted and approved by the department of health, in addition to meeting all other state and local laws and ordinances.

(d)

Review of plans. The developer shall furnish five sets of plans to the planning department for review. Such plans shall be approved and signed by the county health department and the chairman of the planning commission. The developer shall furnish letters of exemption or permits from necessary state agencies. In addition to any other fees, a permitting fee of $300.00 plus a fee of $10.00 per space shall be paid to the board of county commissioners. The planning commission shall review and approve recreational vehicle park and recreational vehicle park condominium plans for safety, drainage, width and composition of roads and rights-of-way, size of lots and setbacks, and other compliance with this chapter.

(Ord. No. 89-2, §§ 1—4, 5-8-1989; Ord. No. 97-3, § 1, 6-10-1997)

(a)

These buffer requirements will apply for approved development that requires a development order.

(b)

The existing use of the abutting property will determine the type of buffering area required. Where the adjacent properties are vacant, the existing use will be deemed as agricultural, unless future development is approved via a local development order.

(c)

Use categories. In interpreting and applying the provisions of this section, development is classified into the following use categories:

(d)

Buffer requirements. The following table provides the required buffer type when a proposed use is abutting an existing use or, in the absence of an existing use, an approved or pending development order application that authorizes development of the property.

(e)

Buffer types. The following table provides five different. buffer types. Each buffer type, identified by a letter, provides the minimum number of trees and shrubs per 100 linear foot segment of buffering area and indicates whether or not a wall or hedge is required.

(1) Trees within a ROW buffer must be appropriately sized in their mature form so that conflicts with overhead utilities, lighting and signs are avoided.

(2) Where a wall is required in the chart above, the wall can be a solid wall, berm, or wall and berm combination, not less than eight feet In height measured from the adjacent grade. All trees and shrubs required In the buffer must be placed on the exterior side of the wall. Walls must be constructed to ensure that historic flow patterns are accommodated, and all stormwater from the site is directed to on-site detention/retention areas in accordance with SFWMD requirements.

(3) Hedges must be planted in double staggered rows and be maintained so as to form a 36-inch high continuous visual screen within one year after time of planting. Type E buffers must be 48 inches at installation and must be maintained at 60 inches high to form a continuous visual screen within one year after time of planting.

(f)

Uses or activities that generate noise, dust, odor, heat, glare or other similar impacts, must provide either a Type C or E buffer, as determined by the community development department director based upon the impact that the proposed development will have on adjacent property.

(g)

Walls, berms and buffer plantings must not be placed so they interfere with vehicle visibility.

(h)

All freestanding parking areas, whether commercial, public or private, not associated with other development must provide a Type D buffer along all perimeters that abut rights-of-way, and a Type C buffer along all perimeters that abut single-family or multiple-family residential uses or zoning.

(i)

Use of buffer areas. Required buffers may be used for open space and passive recreation such as pedestrian, bike, or equestrian trails, provided that:

(1)

No required trees or shrubs are eliminated;

(2)

Not more than 20 percent of the width of the buffer is impervious surface;

(3)

The total width of the buffer area is maintained; and

(4)

All other requirements of this section are met.

(j)

Rights-of-way and utilities. All trees of species whose roots are known to cause damage to public roadways, sidewalks and other public works/utilities shall be planted so as to be no closer than 20 feet to the public works/utilities. Utility or drainage easements may overlap required buffers; however, no buffer trees or shrubs may be located in any utility drainage or street easement or right-of-way. To avoid conflicts with overhead utility lines, only trees less than 20 feet in height at maturity may be used directly adjacent to an overhead line. No required buffers can be located in public or private road rights-of-way. No required buffers or landscaping can be located in utility easements without the written approval of the utility.

(k)

Plant material standards.

(1)

Quality. Plant materials used to meet the requirements of this division must meet the standards for Florida No. 1 or better, as set out in Grades and Standards for Nursery Plants, Parts I and II, Department of Agricultural, State of Florida (as amended).

(2)

Native plantings. At least 75 percent of the trees and shrubs used to fulfill these requirements must be native Florida species (South Florida Water Management District xeriscape approved trees and shrubs qualify).

(3)

Other buffer plantings requirements.

a.

Buffer plantings must be a minimum of 24 inches in height at time of planting. Type E Buffer plantings must be 48 inches in height at the time of planting.

b.

Buffer plantings must be a minimum three-gallon container size and be spaced 18 to 36 inches on center.

c.

Buffer plantings must be at least 36 inches in height within one year of the time of planting and maintained in perpetuity at a height of no less than 36 inches above the final grade level or the adjacent pavement required to be buffered or screened, whichever is higher, except for visibility at intersections and where pedestrian access is provided.

d.

Type E buffer plantings must be at least 60 inches in height within one year of the time of planting and maintained at 60 inches for perpetuity above the final grade level or the adjacent pavement required to be buffered or screened, whichever is higher, except for visibility at intersections and where pedestrian access is provided.

e.

Required hedges must be planted in double staggered rows and maintained so as to form a continuous, unbroken, solid visual screen within one year after time of planting.

(4)

Mulch requirements. A two-inch minimum layer, after watering-in, of mulch, rock or other recycled materials must be placed and maintained around all newly installed trees, shrubs, and ground cover plantings. Each tree must have a ring of mulch no less than 24 inches beyond its trunk in all directions. The use of cypress mulch is strongly discouraged.

(5)

Ground cover plantings are encouraged as a supplement to the other buffer requirements described herein.

(l)

Timing of installation. Required plantings must be installed prior to the issuance of a certificate of occupancy within the project.

(m)

Installation requirements. Plant materials must be installed in soil conditions that are conducive to the proper growth of the plant material. Soils unsuitable for plantings must be replaced with growing quality soil before planting. A plant's growth habit must be considered in advance of conflicts that might be created (e.g. views, signage, overhead power lines, lighting, and circulation). Trees may not be placed where they interfere with site drainage, subsurface utilities, or overhead utility lines, or where they will require frequent pruning in order to avoid interference with overhead power lines. All landscape materials must be installed in a recognized horticultural correct manner. At a minimum, the following installation requirements must be met:

(1)

All landscape areas must be mulched unless vegetative cover is already established.

(2)

Trees and shrubs used in buffers must be planted in a minimum width area equal to one-half the required width of the buffer however, in no case may the planting area be less than five feet in width.

(3)

Required plants used in buffers and landscaping must, to the maximum extent possible, be installed using xeriscape principles. Xeriscape principles include water conservation through drought-tolerant landscaping, the use of appropriate plant material, ground cover, mulching, and the reduction of turf areas. Landscaping must have sufficient establishment of water to survive.

(4)

Safe sight distance triangles at intersections and vehicle connections must be maintained.

(n)

Maintenance requirements. Owner is responsible for maintaining the required landscaping in a healthy condition at all times. Landscaping and buffers shall be maintained as follows:

(1)

Dead or diseased vegetation/trees shall be removed and replaced with healthy vegetation or trees immediately.

(2)

Debris (trash, etc.) shall be removed as needed to avoid any accumulation.

(3)

Tree and palm staking must be removed within 12 months after installation.

(4)

Ongoing maintenance to prohibit the establishment of prohibited invasive exotic species is mandatory.

(Ord. No. 2012-6, § 1(Exh. A), 10-22-2012)

To regulate the location, erection, construction and modification of transmission towers, antennas and associated support facilities in unincorporated areas of the county so as to protect the public health, safety and welfare while accommodating the growing need for wireless telecommunication services.

(Ord. No. 2001-2, § 1(4-17-23), 1-9-2001)

(a)

Pursuant to F.S. § 125.01 and constitutionally granted home rule powers, the county is authorized to establish, coordinate and enforce such regulations as are necessary to protect the public and to adopt ordinances necessary to exercise its powers and to prescribe fines and penalties for the violation of such ordinances in accordance with the law.

(b)

Section 704 of the Telecommunications Act of 1996 (the 1996 Act), relating to federal, state and local government oversight of siting of wireless communication facilities, preserves the authority of local government to regulate the location, erection, construction and modification of wireless communication facilities, such as transmission towers, antennas and associated support facilities.

(c)

Section 704(a) of the 1996 Act provides that local governments may not unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provision of personal wireless services.

(d)

Changes in wireless telecommunications technology, and the granting of additional licenses by the Federal Communications Commission (FCC) have resulted in an increased demand for the construction of wireless communication facilities in unincorporated areas of the county.

(e)

The residents of the county have expressed significant concern in relation to the location, erection, construction and modification of transmission towers, antennas and associated support facilities with respect to the preservation of community aesthetics, land use compatibility, the safety of transmission towers in the event of hurricane, tornado, severe thunderstorm or other events, and the potential impact that transmission towers, antennas and associated support facilities will have on property values.

(f)

Careful design and siting of wireless communication facilities including the use of landscape screening and alternative tower structures, is necessary to minimize the adverse aesthetic impacts, minimize land use incompatibility and minimize any negative impact on property values by the siting of wireless communication facilities.

(g)

Wireless communication facilities are to be designed and constructed so as to have a minimal impact on community aesthetics, land use compatibility or property values without prohibiting or having the effect of prohibiting the provision of wireless communication services.

(h)

The implementation of minimum setback requirements and construction standards is necessary to minimize the risk of damage to surrounding personal and real property in the event of structural failure of transmission towers and/or antennas.

(i)

Regulation of the location, erection, construction and modification of wireless communication facilities is necessary to preserve and protect the ecosystem, environmentally sensitive lands and threatened and endangered species in the county.

(j)

It is in the best interests of the citizens of the county to promote wireless communication facility sitings on suitable property, collocation, and the use of existing structures and buildings as antenna mounts to minimize the need to construct new transmission towers; to use alternative tower structures and camouflaged antennas to minimize the aesthetic impact of such facilities.

(k)

It is essential to the health, safety and welfare of the citizens of the county that abandoned, unused or unsafe wireless communication facilities be removed in an expeditious manner.

(l)

The board finds that such regulation is consistent with the county comprehensive plan, and would protect the health, safety and welfare of the residents of the county.

(Ord. No. 2001-2, § 1(4-17-23.1), 1-9-2001)

Wireless communications facilities (WCF) or transmission tower or towers, including lattice towers, guyed towers, monopole towers, ground-mounted towers and alternative tower structure or other similar wireless communications facilities shall be limited to height as per Table 1 in section 125-308.

(Ord. No. 2001-2, § 1(4-17-23.2), 1-9-2001)

The following antennas and towers shall be allowed as permitted accessory uses:

(1)

Any antenna not more than one meter in diameter, which is not attached to a transmission tower, shall be a permitted accessory use to any structure of at least two stories in height other than single-family or two-family dwellings provided:

a.

The antenna, its antenna mount and any associated support facilities do not extend more than 20 feet above the highest point of the structure, or the maximum height for permitted accessory use in Table 1 of section 125-308, whichever is less, and the antenna and its mount are not directly attached to the ground;

b.

The antenna complies with all applicable federal and state regulations;

c.

The antenna complies with all applicable building codes;

d.

The antenna complies with the requirements of subsections 125-308(e), (j) and (k).

e.

A structure mounted antenna may be mounted to the exterior of the structure, including, but not limited to, the roof of the structure. If the antenna is mounted on the structure roof, the structure-mounted facility may include the antenna supports and/or associated support facilities. Structures to which antennas may be attached include, but are not limited to, commercial, institutional, office and industrial buildings, multifamily residential buildings, water tanks, utility and light poles located in public rights-of-way or easements, poles at publicly owned athletic facilities or other structures not originally designed as antenna mounts. A building permit application is required for antennas attached to structures and permitted as an accessory use.

(2)

A noncommercial receive-only antenna and any tower to support the antenna shall be a permitted accessory use to any single-family or two-family dwelling.

(3)

Noncommercial receive-only antennas which receive direct broadcast satellite service video programming services via multipoint distribution services shall be a permitted accessory use if one meter or less in diameter in residential use zoning districts and three meters or less in diameter in all other zoning districts.

(4)

Any amateur radio antenna and any tower to support the antenna that is owned and operated by a federally licensed amateur radio station operator and used exclusively for noncommercial purposes shall be a permitted accessory use in all zoning districts.

(5)

Any antenna and any tower to support the antenna that is owned and operated or licensed by the Federal Aviation Administration and used exclusively for aircraft navigation (NAVAIDS) shall be a permitted accessory use in the ID-1, ID-2 and OUA zoning district.

(6)

Any antenna and any tower to support the antenna, not greater than 50 feet in height and used exclusively as an accessory use to an existing principal use or an existing use allowed by special exception shall be a permitted accessory use in any zoning district subject to the requirements of section 125-308 and this section.

(Ord. No. 2001-2, § 1(4-17-23.3), 1-9-2001)

(a)

Intent and applicability. This section shall regulate the location, erection, construction and modification of all wireless communication facilities in the unincorporated areas of the county. Except as provided in subsection (b) of this section, every wireless communications facility allowed by special exception or otherwise shall, at a minimum, satisfy the requirements of this section.

(b)

Exceptions. The requirements of this section do not apply to:

(1)

Noncommercial freestanding and structure-mounted receive-only antennas which receive direct broadcast satellite service video programming services via multipoint distribution services which are one meter or less in diameter in residential zones and three meters or less in diameter in nonresidential zones. The antennas shall meet all other requirements of the zoning district as set forth in this chapter.

(2)

Amateur radio antennas and any tower to support the antenna that is owned and operated by a federally licensed amateur radio station operator used exclusively for noncommercial purposes.

(3)

Any antenna and any tower to support the antenna, owned and operated or licensed by the Federal Aviation Administration, and used exclusively for aircraft navigation (NAVAIDS).

(4)

Any antenna and any tower to support the antenna, not greater than the height shown in Table 1 of this section, and used exclusively as an accessory use.

(c)

Height limitations . The height of antennas and towers shall be determined pursuant to this section.

(1)

The special exception shall specify the height pursuant to Table 1 of this subsection (c), based on standards of approval in this section.

(2)

Measurement of transmission tower height shall include antenna, base pad, and other appurtenances and equipment attached to the tower. Height shall be measured from the ground surface which existed prior to actual erection or construction immediately outside the construction site boundaries of the wireless communication facility.

(3)

Structure-attached antenna mounts may extend a maximum of 20 feet above the roofline or top of the structure.

(4)

Pole-attached antenna mounts may extend a maximum of 20 feet above the top of the pole.

(5)

In all zoning districts other than those listed in Table 1 of this subsection (c), every antenna shall be incorporated in a camouflaged antenna facility, which is a structure-mounted facility or an alternative tower structure and shall not extend more than 20 feet above the roofline of the structure.

(6)

The permitted, maximum, and special exception heights for ground-mounted towers and alternative tower structures are set forth in Table 1 in this subsection as follows:

TABLE 1—NONRESIDENTIAL HEIGHT REQUIREMENTS

*Subject to the exception in section 125-305(g).

(d)

Collocation requirements for ground-mounted towers and alternative tower structures. Ground-mounted towers and alternative tower structures over the maximum height for special exception without collocation capability shall be designed and constructed to accommodate one collocation for each additional 50 feet in tower height proposed or any increment thereof. towers less than 50 feet in height shall be exempt from this provision.

(e)

Camouflage. Camouflage may be required for facilities if determined by the land use and construction oversight commission that camouflage is appropriate for a specific site to minimize the aesthetic impact of the facility.

(f)

Separation distances between towers. The separation distances established in Table 2 of this subsection shall be required unless reduced by special exception as specified in this subsection.

(1)

Ground-mounted towers shall comply with the horizontal separation measured between bases of the transmission towers as specified in Table 2, irrespective of jurisdictional boundaries.

(2)

Minimum separation between pole-mounted facilities shall be determined by the location of the existing utility poles or structures. All measurements shall be certified by a professional land surveyor.

(3)

Separation distances are as follows:

TABLE 2—SEPARATION DISTANCE BETWEEN TOWERS

(4)

A request by an applicant for a ground-mounted tower for a reduction of the separation distance specified in Table 2 of this subsection (f) may be granted, in whole or in part, by the land use and construction oversight commission if it finds, based upon the record at the public hearing, that the following standards, where applicable, have been met:

a.

The reduction will not be contrary to the public interest;

b.

The reduction will promote collocation;

c.

The reduction will not create significant incompatibilities with the adjacent zoning district or designation specified in subsection (g) of this section;

d.

Locating the tower in compliance with the separation requirements set forth in Table 2 of this section (f) would create a greater aesthetic impact than would be caused by allowing a reduction;

e.

The tower will be substantially screened or concealed from public view in the adjacent protected zoning district or designation by intervening buildings, mature trees, landscaping, structures or similar screening;

f.

The reduction is needed to provide adequate service;

g.

If the separation is reduced, the reduced separation shall not be less than the setbacks specified in this section;

h.

The reduction is made necessary by the unreasonable cost of available collocation; and

i.

Existing facilities are not structurally capable of supporting collocation.

(g)

Separation distances from adjacent zoning. The special exception may require ground-mounted towers (monopole, lattice and guyed tower) to have a horizontal separation of 110 percent of the tower height when the tower is adjacent or in proximity to residential zoning districts RF-1, RS, RG & RM on the comprehensive plan future land use map. Alternative towers require no separation other than the setbacks required by this section.

(h)

General setbacks and fall zone setbacks. All ground-mounted towers and alternative tower structures and their associated support facilities shall conform with the following setback standards:

(1)

Guy anchors and accessory structures shall meet the minimum setback requirements of the zoning district in which they are located.

(2)

Alternative tower structures or ground mounted towers not located in rights-of-way shall be set back from the property line a distance equal to the fall zone radius of the tower as designed and certified by a professional engineer licensed in the state or the minimum zoning district setback, whichever is greater.

(3)

Ground-mounted towers and alternative tower structures located in rights-of-way or easements shall meet the requirements of the right-of-way use permit issued by the permitting authority for the right-of-way.

(4)

The ground-mounted tower or alternative tower structure may be located on a lot containing other permitted principal uses and must meet specified setbacks, and the lot shall comply with the applicable minimum lot size for the zoning district or be a legal nonconforming lot.

(5)

The engineered fall zone shall be entirely within the property of the owner of the wireless communication facility or tower unless the owners of all property within the fall zone grant easements to the owner of the wireless communication facility or tower allowing the fall zone to encroach upon their property. Unless specifically authorized in writing by the property owner owning land within the fall zone upon which the building will be located, no buildings other than wireless facility support facilities shall be allowed within the fall zones.

(i)

Secure facility design. Wireless communication facilities shall be designed, constructed, and maintained to satisfy the following requirements:

(1)

All parts of the wireless communication facilities shall maintain a minimum horizontal separation of ten feet from any overhead utility lines. This requirement does not preclude a greater separation if required by federal, state, or local laws or regulations or the utility company.

(2)

Each ground-mounted facility (including guy wire anchors) and all support facilities shall be surrounded with a chain link fence not less than six feet in height from finished grade (measured from the highest point within ten feet of the fence).

(3)

Each transmission tower climbing device shall have a removable or retractable section, ten feet in length, at the bottom of the climbing device or otherwise designed to prevent unauthorized persons from climbing the tower.

(4)

Structure-mounted facilities shall be located and designed to be accessible to authorized personnel only.

(5)

Support facilities shall be of vandal-resistant design.

(j)

Landscaping. Landscaping may be required as a condition of the special exception depending upon the specific circumstances of each site.

(k)

Signage. The wireless communications facility shall have signage to identify the facility as a no trespassing area and to provide a current emergency contact, telephone number, site address and other information as may be required by applicable federal, state, or local laws or regulations. No other signage shall be allowed on any wireless communication facility.

(l)

Illumination. Wireless communication facilities shall not be artificially lighted except as required by federal, state, or local laws or regulations.

(m)

Finished color. Noncamouflaged ground-mounted towers shall be painted or have a nonreflecting and noncontrasting finish selected to minimize visibility of the facility from public view, except where contrasting color is required by federal, state, or local laws or regulations.

(n)

Structural design.

(1)

Ground-mounted towers and alternative tower structures shall be constructed to the EIA/TIA 222-F standards, as may be amended, as published by the Electronic Industries Association, which may be amended from time to time, and all applicable county ordinances, rules and regulations.

(2)

Any modifications to existing ground-mounted towers and alternative tower structures shall require prior submission to the county building department of plans and certifications prepared by a professional engineer (structural) which demonstrate compliance with the EIA/TIA 222-F standards, as may be amended.

(o)

Interference with or degradation of the quality of existing broadcast telecommunications. A wireless communication facility shall not create interference with or degrade the quality of existing broadcast telecommunications, including, but not limited to, emergency services and essential services communications, cable television, and other wireless communication systems.

(1)

Applications for new wireless communication facilities shall include a letter pursuant to section 125-309(a)(8).

(2)

Any interference and/or obstruction pursuant to this subsection shall be corrected by the applicant or wireless communication facility owner at no cost to the county, within the following time frames:

a.

Interference with emergency services or essential services communications, 24 hours.

b.

Interference with cable television and other wireless communication systems, 45 calendar days.

(p)

Modification of existing transmission towers for collocation.

(1)

To promote collocation and to minimize the adverse aesthetic impacts associated with the proliferation of ground-mounted towers, the collocation of communication antennas by more than one carrier on existing ground-mounted towers or alternative tower structures shall require application and approval of a building permit and shall be considered a permitted use, provided that the modified tower is:

a.

In compliance with all the standards of this article except as modified in this section; and

b.

Does not exceed 40 feet over the height of the existing tower unless additional height is approved by special exception.

(2)

Transmission towers which have been modified to accommodate collocation in accordance with this section shall not be deemed to be in violation of zoning district setbacks, the tower to adjacent zoning district/designation separation requirements specified in subsection (g) of this section, or the tower-to-tower separation requirements specified in subsection (f) of this section or Table 2 of subsection (f) of this section.

(3)

The height added through modification and replacement shall not exceed a total of 40 feet unless otherwise approved by special exception.

(4)

Modifications of an existing tower under this subsection will not require landscaping.

(q)

Replacement of existing transmission towers for collocation.

(1)

To promote collocation and to minimize the adverse aesthetic impacts associated with the proliferation of ground-mounted towers, the replacement of existing ground-mounted towers or alternative tower structures to accommodate the collocation of additional antennas shall require application and approval of a site plan, building permit, and shall be considered a permitted use in the zoning districts listed in Table 1 of subsection (c) of this section provided that the replacement tower is:

a.

In compliance with all the standards of this article except as modified in this section;

b.

Located no more than 50 feet from the existing tower;

c.

The same tower type as the existing tower or a monopole tower or guyed tower replacing an existing lattice tower, or an alternative tower structure replacing a ground-mounted tower;

d.

Does not exceed 40 feet over the height of the existing tower unless additional height is approved by special exception; and

e.

The only transmission tower remaining on the site. The transmission tower which is being replaced must be removed from the site within 30 days of activation of the replacement tower or 180 days, whichever is less.

(2)

An existing ground-mounted tower shall not be replaced more than one time without a special exception for the replacement.

(3)

Replacement transmission towers which have been constructed to accommodate collocation in accordance with this section shall not be deemed to be in violation of zoning district setbacks, the tower to adjacent zoning district/designation separation requirements specified in subsection (g) of this section, or the tower-to-tower separation requirements specified in subsection (f) of this section or Table 2 in subsection (f) of this section.

(4)

The height added through modification and replacement shall not exceed a total of 40 feet unless otherwise approved by special exception.

(r)

Certification of compliance with FCC nonionizing electromagnetic radiation (NIER) standards. Prior to issuance of a certificate of occupancy by the county, the applicant for a new commercial wireless communication facility shall submit to the FCC, with a copy to the county manager, a certification prepared by a professional engineer, certifying that the facility is operating within the radiation emission limits established by the FCC for nonionizing electromagnetic radiation.

(s)

Abandonment.

(1)

In the event the use of any wireless communication facility is discontinued for a period of 180 consecutive days, the facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the county manager who shall have the right to request documentation and/or affidavits from the transmission tower owner/operator regarding the issue of tower usage. Except where the county has determined the nonuse constitutes an unsafe condition and a shorter response period is specified in the county's notice of abandonment, the transmission tower owner/operator shall respond within 60 calendar days to the above notice of abandonment.

(2)

Failure or refusal by the transmission tower owner/operator to respond for any reason shall constitute prima facie evidence that the transmission tower has been abandoned.

(3)

Upon a determination of abandonment and notice thereof to the property owner and to the transmission tower actual owner/operator, the tower actual owner/operator or property owner shall have an additional 90 calendar days within which to:

a.

Activate the use of the facility or transfer the tower to another tower owner/operator who makes actual use of the tower within the 90 calendar day period; or

b.

At no cost to the county, dismantle and remove the wireless communication facility.

(4)

Actual owner/operator of tower agrees to provide space for governmental agencies, provided the tower structure will support additional equipment.

(5)

At the earlier of 90 calendar days from the date of abandonment without reactivation or upon completion of dismantling and removal, any previous special exception and/or variance approval for the facility shall automatically expire.

(6)

The land use and construction oversight commission shall have the latitude to waive the requirements of this section for sufficient reason.

(t)

Fines and penalties. Any person or company who violates the provisions of this article, specifically including the owner of the wireless communication facility and the property owner of the land upon which the facility is located, shall be subject to a noncriminal fine not to exceed $500.00 per day. The county code enforcement office shall have the authority to enforce the provisions of this article, to assess the fine, and to reduce or waive the fine during any period during which the owner has made a substantial bona fide effort toward compliance.

(Ord. No. 2001-2, § 1(4-17-23.4), 1-9-2001)

(a)

Special exception application requirements. Applications for special exceptions for wireless communication facilities shall be processed in accordance with this article and shall include the following documentation:

(1)

Copies of the following letters and all responses shall be provided to the county manager for verification: applicant's letters to other entities owning or using transmission towers in the county and extending to a point one mile outside of the county, as identified on a list maintained by the county planning department, sent registered mail, return receipt requested inquiring whether said entities have a need to collocate antennas or have tower space available for collocation of antennas.

(2)

A statement by the applicant as to whether construction of the transmission tower will accommodate collocation of additional antennas for future wireless service provider's users, including the collocation capacity.

(3)

A statement by the applicant demonstrating, to the satisfaction of the county, that no existing transmission tower, alternative tower structure, building or other structure within the applicant's geographic search area:

a.

Meets the applicant's engineering requirements for the proposed facility;

b.

Is of sufficient height to meet the applicant's engineering requirement;

c.

Has sufficient strength to support the applicant's proposed antenna;

d.

Has sufficient vertical space to accommodate the applicant's antenna; or

e.

Is available for lease under a reasonable leasing agreement, as determined by the industry standards for the geographic area.

(4)

A letter of intent, committing the tower owner and his successors and assigns to allow the shared use and collocation of the tower, if additional users agree in writing to meet reasonable terms and conditions for such shared uses.

(5)

Site plan for any ground-mounted towers.

(6)

A copy of the FAA response to the applicant's notice of proposed construction of alteration, or its replacement.

(7)

At the time of initial application, an inventory of all communication facilities (wireless and backhaul) which are under the applicant's control and/or are being used or planned by the applicant, located within the incorporated and unincorporated areas of the county and within one mile outside the county. Information on each transmission tower listed shall include:

a.

The type of tower or supporting structure;

b.

The height of the tower including antennas;

c.

Latitude and longitude and state plane coordinate location;

d.

Street and mailing address of the owner and site address of the facility;

e.

FCC and applicable FAA permit numbers for each transmission tower and antenna facility;

f.

Ability of transmission tower or structure, associated support facilities and site to accommodate additional antennas, including the wireless service signal capacity; and

g.

Indication whether the site is collocated and if so, the names of the collocated service providers/owners.

(8)

Applications for new wireless communication facilities shall include a letter from the applicant's engineer stating that the transmission tower and associated support facilities will not interfere or obstruct public safety telecommunications.

(9)

The applicant shall provide updated information with subsequent applications.

(b)

Time for submittal. The application and documentation required by subsection (a) of this section shall be delivered to the county zoning department not less than 30 days prior to the public hearing on the application for a special exception.

(Ord. No. 2001-2, § 1(4-17-23.5), 1-9-2001)

Applications for a building permit for ground-mounted towers and alternative tower structures shall include all the following required supporting documentation:

(1)

Survey prepared by a state land surveyor;

(2)

A site plan showing the placement of the proposed new buildings and structures, the height of the tower including collocation increases, the required minimum setbacks, the required separation from adjacent zoning, the required separation distances between other towers, the fall zone, the required landscaping, the required signage, camouflage treatment if required, illumination if required, and the required security fencing providing access to only authorized personnel;

(3)

Construction documents, including engineering calculations prepared by a professional engineer licensed in the state which demonstrate compliance with the EIA/TIA 222-F standards, as may be amended, as published by the Telecommunications Industry Association in association with the Electronic Industries Association, and all applicable county ordinances, rules and regulations;

(4)

A sworn certification from a professional engineer licensed in the state stating the tower will comply with all EIA/TIA 222-F standards, as may be amended, and all applicable county codes, and that in the event of catastrophic failure, fall or collapse of the tower, the tower will fall or collapse within the fall zones specified herein;

(5)

A copy of the FAA response to the applicant's notice of proposed construction of alteration, or its replacement;

(6)

An agreement for the removal of an abandoned or dilapidated tower between the owner of the tower and either the property owner or the county in the discretion of the land use and construction oversight commission with the concurrence of its attorney.

a.

The agreement shall be filed in the public records of the county.

b.

The agreement shall provide for the removal of the tower within 180 days of abandonment.

c.

The agreement will describe the amount and type of security provided to ensure removal of the tower pursuant to the provisions of these regulations and the project engineer's cost estimate of the tower removal.

d.

The security shall be in the amount of 110 percent of the estimated cost of removing the tower.

e.

Security requirements may be satisfied by a performance bond, cashier's check, cash, interest bearing certificate of deposit, irrevocable letter of credit or surety bond.

f.

The security must be for the duration of the life of the tower or the length of the permit, whichever is greater. The security must be in a form acceptable to the board. The security will have to be renewed, as required by the board. At the time of renewal, the amount of the security will be adjusted for increases in removal costs. A security required by other governmental agencies for the purpose of fulfilling the requirement for removal of an abandoned tower may be accepted partially by the board.

g.

The security shall be in favor of the property owner or the county in the discretion of the land use and construction oversight commission with the concurrence of its attorney.

(7)

Easements from all other property owners within the fall zone.

(Ord. No. 2001-2, § 1(4-17-23.6), 1-9-2001)

Applications for a building permit for antennas as permitted accessory uses, collocated antennas, and structure-mounted antennas where there is no new freestanding transmission tower shall include all required supporting documentation, as follows:

(1)

A survey prepared by a state land surveyor showing the existing buildings and structures on the property;

(2)

A site plan approved by the county engineer showing the placement of the proposed antenna on the existing buildings and structures, the height of the building, the height of the tower or structure to which the antenna is to be attached, height of antenna, the fall zone, the required landscaping, the required signage, camouflage treatment if required, illumination if required, and required security measures providing access to only authorized personnel;

(3)

Construction documents, including engineering calculations prepared by a professional engineer licensed in the state which demonstrate compliance with all applicable county ordinances, rules and regulations;

(4)

FCC and applicable FAA permit numbers for the antenna; and

(5)

A copy of the FAA response to the applicant's notice of proposed construction of alteration.

(Ord. No. 2001-2, § 1(4-17-23.7), 1-9-2001)