§ 7.10.04. Antenna support structure.

A.

Where permitted. Antenna support structures shall be permitted in all nonresidential zoning districts subject to the requirements of this section.

B.

Requirements. All antenna support structure installations shall meet the general requirements as established in section 7.10.05.

C.

Approval process. The approval process shall be divided into those requests which can be reviewed administratively and those which, due to the zoning district in which it would be located or the surrounding uses, shall be reviewed as a special exception.

1.

Monopoles.

a.

Monopoles meeting the following criteria shall be approved administratively and shall submit a site plan for review by the site plan technical review committee:

i.

Do not exceed 200 feet in height, and

ii.

Are proposed to be located in industrial (I-1 and I-2) or heavy commercial (C and C-2) zoning districts, and

iii.

Are located a distance from the nearest residentially zoned property line equal to 200 percent or greater than the height of the monopole, and

iv.

Are located a distance greater than 1,500 feet from any licensed or permitted public or private airport or airstrip.

b.

Monopoles meeting the following criteria shall be approved administratively and shall submit a site plan for review by the site plan technical review committee:

i.

Do not exceed 200 feet in height, and

ii.

Are proposed to be located in agriculture (A) or public service (PS) zoning districts or in a right-of-way that is not zoned, and

iii.

Are located a distance from the nearest residentially zoned property line equal to 300 percent or greater than the height of the monopole, and

iv.

Are located a distance from the nearest property line under separate ownership equal to 150 percent or greater than the height of the monopole, and

v.

Are located a distance greater than 1,500 feet from any licensed or permitted public or private airport or airstrip.

c.

Distances shall be measured from the closest point at the base of the monopole to the nearest point of the applicable property line or airstrip.

d.

Requests for monopoles in non-residential zoning districts that cannot be approved administratively in accordance with provisions a. or b. above shall be reviewed as a special exception.

2.

Lattice or guyed towers.

a.

Lattice or guyed towers meeting the following criteria shall be approved administratively and shall submit a site plan for review by the site plan technical review committee:

i.

Do not exceed 200 feet in height, and

ii.

Are proposed to be located in industrial (I-1 and I-2) or heavy commercial (C and C-2) zoning districts, and

iii.

Are located a distance from the nearest residentially zoned property line equal to 200 percent or greater than the height of the tower, and

iv.

Are located a distance greater than 1,500 feet from any licensed or permitted public or private airport or airstrip.

b.

Lattice and guyed towers meeting the following criteria shall be approved administratively and shall submit a site plan for review by the site plan technical review committee:

i.

Do not exceed 300 feet in height, and

ii.

Are proposed to be located in agricultural (A) or public service (PS) zoning districts or in a right-of-way that is not zoned, and

iii.

Are located a distance from the nearest residentially zoned property line equal to 300 percent or greater than the height of the tower, and

iv.

Are located a distance from the nearest property line under separate ownership equal to 150 percent or greater than the height of the tower, and

v.

Are located a distance greater than 2,000 feet from any licensed or permitted public or private airport or airstrip.

c.

Distances shall be measured from the closest point at the base of the lattice or guyed tower to the nearest point of the applicable property line or airstrip.

d.

Requests for lattice or guyed towers that cannot be approved administratively in accordance with the provisions a. or b. above, shall be reviewed as a special exception.

3.

Existing structures take precedent. To minimize adverse visual impacts associated with the unnecessary proliferation of antenna support structures, the location of antennas on an existing structure shall take precedent over the construction of new antenna support structures. Therefore as a condition of approval for all new antenna support structures, a provider shall demonstrate that it is unable to locate its antenna on suitable and available existing structures within the search ring on commercially reasonable terms.

D.

Criteria for antenna support structures that require special exception approval.

1.

Intent and purpose. The intent and purpose of this subsection is to address and balance the concerns about antenna support structures that do not meet the requirements for administrative approval under C.1. or C.2. above and the recognized need of the provider to serve the entire community, These issues shall be reviewed on a case-by-case basis for each special exception request in accordance with the existing standards set forth in the Okeechobee County Code, in sections 11.04.00, 13.04.00. and the provisions of this subsection. The board of adjustments and appeals shall consider and weigh the aesthetic impact and compatibility issues of the proposed antenna support structure with the public benefit derived from having an efficient and reliable wireless communications system when determining whether or not to grant special exception approval. To assist the board of adjustments and appeals in reaching such determination, the application shall provide the information set forth below:

a.

All criteria as established in C.1. and C.2. above that the proposed antenna support structure does not meet;

b.

Design of the antenna support structure with particular reference to design characteristics, including type of structure and whether and how the structure will be camouflaged, that have the effect of reducing visual obtrusiveness;

c.

Nature of principal uses on the site, with preference being given to the use of sites which are already developed with non-single-fam uses and which are currently visually impacted by tall structures, utility facilities, light poles, or other similar improvements;

d.

Nature of uses on adjacent and nearby properties and the proximity of the antenna support structure to all adjacent land uses, with preference being given to sites adjacent to non residential uses or non-dwelling aspects of residential properties, such as open space areas, parks, retention ponds, golf courses, wetland areas, etc. The application shall indicate the distance to the nearest on-site and to the nearest off-site residential property or use, defined as the existence of residential zoning or of a residential structure;

e.

On-site and surrounding tree coverage and foliage, with preference being given to sites which can provide heavy vegetative screening of an antenna support structure; and

f.

The lack of suitable existing structures within the search ring.

2.

Special exception criteria. In determining a special exception request for an antenna support structure in addition to those criteria set forth in the Okeechobee County Code, Section 11.04.03, the board of adjustments and appeals shall take into consideration whether or not the proposed antenna support structure will have substantial and adverse aesthetic impact on neighboring residential lands. The board of adjustments and appeals determination shall be based on relevant and competent evidence, documentation, and testimony received at the public hearing from the staff, the applicant and any party in support or opposition, or their respective representative. The board of adjustments and appeals shall utilize the following criteria in determining if a special exception is deemed approvable:

a.

Aesthetic impact: Aesthetic impact shall take into consideration, but not be limited to, the amount of the antenna support structure that can be viewed from surrounding residential zones in conjunction with the antenna support structure's proximity (distance) to the residential zone, mitigation, landscaping or intervening visual buffers, existing character of surrounding area, whether and how the structure will be camouflaged, or other visual option proposed by the applicant.

b.

Compatibility. Compatibility shall take into consideration the degree to which an antenna support structure is designed and located to be compatible with the nature and character of other land uses and/or with the environment within which the antenna support structure proposes to locate. The antenna support structure may be placed or designed to assist with mitigating the overall aesthetic impact of an antenna support structure.

c.

Proximity to residential property or uses. Compatibility shall also take into consideration the proximity of residential property, zoning or structures, and the manner in which aesthetic impacts and compatibility are addressed or mitigated with respect to nearby residential property, zoning or structures.

d.

Availability of alternative sites. This means the board of adjustments and appeals must consider whether there is a suitable and available alternative site. If the applicant demonstrates that an alternative site does not exist and this demonstration is not rebutted by competent and substantial evidence, the board of adjustments and appeals shall issue special exception approval.

e.

Camouflaged structures. Criteria to be considered in determining whether an antenna support structure qualifies as a camouflaged structure:

i.

Does the antenna support structure:

(a)

Resemble a natural object or a man-made structure; (Example of a natural object is a tree; examples of a man-made structure are bell and clock towers, church steeple, detached or attached sign structure or a lookout station); or

(b)

Serve a purpose other than supporting antennas, for example lighting of sports facilities, transmission of electrical and/or telephone lines; flag poles; and

ii.

Is the antenna support structure designed to be compatible with the architectural elements, such as bulk, massing, and scale of the surrounding properties; and

iii.

Is the antenna support structure designed to blend with the principal use structure, if any.

(Ord. No. 99-09, § 1, 8-12-99)