§ 2-28-27. Criteria for permit issuance.

(a)

All permit applications shall comply with county public works standards. Any permit applications which are non-compliant with county public works standards may be denied.

(b)

The following shall apply to wireless facilities and wireless support structures:

(1)

Upon compliance with the procedures outlined in this article, an application for the construction of a new wireless support structure or utility pole in the right-of-way shall be permitted as long as:

a.

The applicant is a wireless provider.

b.

The proposed location for the new wireless support structure or utility pole is:

i.

Set back sufficiently for public safety purposes to ensure proper sight distance within sight triangles;

ii.

Not in a location that will interfere with facilities currently in the right-of-way;

iii.

If practicable, set back a minimum of twenty-five (25) feet from all traffic signal poles;

iv.

If practicable, set back a minimum of fifteen (15) feet from any pedestrian ramps;

v.

If practicable, set back a minimum of five hundred (500) feet from any existing or proposed Advanced Traffic Management Systems field device;

vi.

If practicable, not in a location that is anticipated, intended or reserved for future use by the county;

vii.

If practicable, not located directly in front of a dwelling or residential structure; and

viii.

If practicable, located on the legal boundary line between two (2) adjacent lots.

c.

In the case of a new wireless support structure:

i.

The new wireless support structure is not taller than fifty (50) feet tall if there is no existing wireless support structure located in the same right-of-way within five hundred (500) feet of the new wireless support structure; or

ii.

The new wireless support structure is not taller than the tallest existing wireless support structure located in the same right-of-way, measured from grade in place within five hundred (500) feet of the proposed location of the new wireless support structure.

d.

In the case of a new utility pole:

i.

The new utility pole is not taller than fifty (50) feet tall if there is no existing utility pole located in the same right-of-way within five hundred (500) feet of the new utility pole; or

ii.

The new utility pole is not taller than the tallest existing utility pole located in the same right-of-way, measured from grade in place within five hundred (500) feet of the proposed location of the new utility pole.

e.

The height of any collocated wireless facility is no more than ten (10) feet above the wireless support structure or utility pole.

f.

Any collocated wireless facilities are micro wireless facilities or small wireless facilities and the applicant is also a wireless provider.

g.

The combination of all associated antennas, including any exposed elements, could fit within an imaginary enclosure or do fit within an actual enclosure of no more than six (6) cubic feet in volume.

h.

All accessory equipment, auxiliary equipment, equipment boxes and equipment cabinets are mounted on the structure at least seven (7) feet above ground unless another minimum height restriction is required by other codes, rules or statutes.

i.

For a new utility pole, the application must include an attestation from the wireless infrastructure provider that small wireless facilities will be collocated on the utility pole or structure and will be used by a wireless services provider to provide service within nine (9) months after the date the application is approved.

(2)

Upon compliance with the procedures outlined in this article, an application to install, mount, or operate a wireless facility on an existing permitted and legally maintained utility pole in the right-of-way shall be permitted as long as:

a.

The applicant is a wireless provider.

b.

The utility pole is:

i.

Set back sufficiently for public safety purposes to ensure proper sight lines or clear zones for transportation, pedestrians, or public safety purposes;

ii.

If practicable, set back a minimum of twenty-five (25) feet from all traffic signal poles;

iii.

If practicable, set back a minimum of fifteen (15) feet from any pedestrian ramps;

iv.

If practicable, set back a minimum of five hundred (500) feet from any existing or proposed Advanced Traffic Management Systems field device;

v.

If practicable, not located directly in front of a dwelling or residential structure; and

vi.

If practicable, located on the legal boundary line between two (2) adjacent lots.

c.

The combination of all attached antennas, including any exposed elements, could fit within an imaginary enclosure of no more than six (6) cubic feet, not exceeding two (2) feet in any horizontal direction.

d.

All accessory equipment, auxiliary equipment, equipment boxes and equipment cabinets are mounted on the pole at least seven (7) feet above ground unless another minimum height restriction is required by other codes, rules or statutes.

e.

The wireless facility does not have any type of lighted signal, lights or illuminations unless required by an applicable federal, state, or local law, regulation or rule;

f.

The wireless facility and pole comply with any applicable county building codes in terms of design construction and installation;

g.

Wireless facilities do not utilize traffic signal fiber communication lines;

h.

The wireless facility does not materially interfere with the safe operation of traffic control equipment;

i.

The wireless facility does not materially interfere with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement; and

j.

The wireless facility complies with the 2010 edition of the Florida Department of Transportation Utility Accommodation Manual.

(3)

Upon compliance with the application procedures outlined in this article, any request for modification of an existing wireless facility that involves collocation of new transmission equipment or removal or replacement of transmission equipment shall be approved as long:

a.

The applicant is a wireless provider.

b.

The modification:

i.

Does not substantially change the physical dimensions of such existing wireless facility;

ii.

Does not materially interfere with the safe operation of traffic control equipment;

iii.

Does not materially interfere with sight lines or clear zones for transportation, pedestrians, or public safety purposes;

iv.

Does not materially interfere with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement; and

v.

Complies with the 2010 edition of the Florida Department of Transportation Utility Accommodation Manual.

(Ord. No. 17-21 , § 3, 3-7-17; Ord. No. 17-48 , § 3, 11-7-17)