§ 118-43. Telecommunication Facility application requirements.

Each Applicant for a Wireless Communications Facility shall submit documentation demonstrating that the proposed Wireless Communications Facility complies with the requirements contained in this article. The requirements for a pre-application meeting, Temporary Use applications for Temporary Wireless Telecommunication Facilities, building permit applications for Antennas as permitted Accessory Uses, co-located Antennas, and structure-mounted Antennas where there is no new freestanding Telecommunications Tower, building permit applications for ground-mounted and Alternative Tower Structures, site and development plan applications, and special exception application, include, but are not limited to, the following:

(1)

Pre-Application. The purpose of a pre-application meeting with the Tower Administrator, and any other staff deemed necessary, is to familiarize the applicant with the provisions as outlined in this ordinance for each subsequent permit application required to allow for the construction or placement of an antenna or Telecommunications Tower.

a.

Initiation of Pre-Application Meeting. An applicant for any of the permit applications as outlined below, shall make a request for a pre-application meeting with the Tower Administrator, and pay the applicable fees as addressed in the Sarasota County Fee Ordinance (Ord. ____________ , as amended). The requirement for a mandatory pre-application meeting may be waived by the Tower Administrator, as applicable.

b.

Meeting. The Tower Administrator shall schedule the pre-application meeting. At this pre-application meeting, the applicant, the Tower Administrator, and any other County staff and/or regional, state, federal or adjacent local government representatives, as deemed appropriate by the Tower Administrator shall be invited and encouraged to attend. The attendees shall discuss the proposed Telecommunications Tower, and based upon the information provided by the applicant and the application requirements as outlined below, discuss in general what provisions apply to the proposed Telecommunications Tower.

c.

Written Summary. Within ten working days after completion of the pre-application meeting, the Tower Administrator shall mail to the applicant a written summary of the comments made at the meeting.

(2)

Temporary Use application requirements for Temporary Wireless Telecommunication Facilities. Temporary Wireless Telecommunication Facilities are considered temporary in character because they vary in length of time involved.

a.

A temporary use application shall be submitted to the Zoning Administrator. Prior to the granting a temporary use permit, the Zoning Administrator shall ensure that:

1.

The Facilities will comply with all applicable provisions of Section 118-38; and

2.

A vehicular parking or circulation problem will not be created.

b.

The temporary use permit, if granted, shall be granted for a specific time period. At the end of such time period, if the use permitted has not been discontinued, it shall be determined a violation of the Zoning Ordinance and shall be subject to the penalties as set forth in Article 9, Enforcement, of the Zoning Ordinance.

c.

All applications for a temporary use permit shall contain site plans, the exact nature of the activities that will occur, the period of time for which the temporary use permit will be requested, and, if determined to be necessary by the Zoning Administrator, a survey indicating the precise area where the temporary use is to be conducted.

d.

The Zoning Administrator, or his/her designee, shall review the temporary use permit application and approve, approve with conditions or stipulations, or deny the application.

e.

Any decision of the Zoning Administrator approving or denying a temporary use permit may be appealed by an aggrieved party to the Board of County Commissioners, which shall hold a public hearing, with due notice, before affirming or overturning the action of the Zoning Administrator.

(3)

Building permit application requirements for Antennas as permitted Accessory Uses, co-located Antennas, and structure-mounted Antennas where there is no new freestanding Telecommunications Tower. Applications for a building permit shall include:

a.

Building permit application with all required supporting documentation;

b.

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

c.

A site plan showing the placement of the proposed Antenna on the existing buildings and structures, the height of the building, the Telecommunications Tower or structure to which the Antenna is to be attached, height of Antenna, required signage, camouflage treatment if required, illumination if required, and required security measures providing access to only authorized personnel;

d.

Construction documents, including engineering calculations prepared by a professional structural engineer which demonstrate compliance with all applicable County ordinances, rules and regulations;

e.

If the Antenna increases the height of the structure, applicable FAA permit numbers for the Antenna; and

f.

If the Antenna increases the height of the structure, a copy of the FAA response to the Applicant's notice of proposed construction of alteration, or other evidence of compliance with applicable FAA requirements.

(4)

Building permit application requirements for ground-mounted and Alternative Tower Structures. Applications for a building permit shall include the following:

a.

Building permit application with all required supporting documentation;

b.

Survey prepared by a Florida land surveyor;

c.

An approved site and development plan showing the placement of the proposed new buildings and structures, the height of the Telecommunications Tower including Co-Location increases, the required minimum setbacks, the required separation from adjacent zoning, the required separation distances between Telecommunications Towers, the required landscaping, the required signage, camouflage treatment if required, illumination if required, and the required security fencing providing access to only authorized personnel;

d.

Construction documents, including engineering calculations prepared by a professional structural engineer which demonstrate compliance with all applicable County ordinances, rules and regulations;

e.

A sworn certification from a professional structural engineer stating the Tower will comply with 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; and

f.

If not provided and reviewed under site plan or Special Exception process, a copy of the FAA response to the Applicant's notice of proposed construction of alteration, or other evidence of compliance with applicable FAA requirements.

g.

If not provided and reviewed under site plan or Special Exception process, a letter from the property owner acknowledging his joint and several liability if an abandoned Wireless Communications Facility is not timely removed pursuant to Section 118-40.

(5)

Site and development plan application requirements. Site and development plan approval is required for all Ground-Mounted Towers. Applications for site and development plan approval shall include the following:

a.

Site and development plan application in accordance with the Land Development Regulations (Ordinance No. 81-12, as amended, Chapter 74 of this Code);

b.

If not provided and reviewed under Special Exception process, a copy of the FAA response to the Applicant's notice of proposed construction of alteration, or other evidence of compliance with applicable FAA requirements;

c.

For Telecommunications Towers and Alternative Tower Structures greater than 85 feet in height, if not provided and reviewed under Special Exception process, a letter of intent committing the Telecommunications Tower owner and his or her successors and assigns to allow the shared use and Co-Location of the Tower, if additional user(s) agree in writing to meet reasonable terms and conditions for such shared use as determined by industry standards;

d.

If not provided and reviewed under Special Exception process, a statement by the Applicant indicating that government-owned property is or is not available within the search ring for the Wireless Communications Facility. If government property is available, the statement should include a full explanation if the Applicant does not plan to locate on said property;

e.

If not provided and reviewed under Special Exception process, a letter from the property owner acknowledging his joint and several liability if an abandoned Wireless Communications Facility is not timely removed pursuant to Section 118-40; and

f.

To assist the Tower Administrator in his or her duties under Section 118-42, to facilitate the efficient use of existing infrastructure, at the time of an applicant's initial application, an inventory of all of the Telecommunication Towers or Alternative Tower Structures, which are under the Applicant's control, located within the incorporated and unincorporated areas of Sarasota County and within one mile outside the County. Information on each Transmission [Telecommunications] Tower listed shall include:

1.

The type and height of Tower or Alternative Tower Structure;

2.

Latitude and longitude and State plane coordinate location with horizontal datum;

3.

Street and mailing address of the owner;

4.

The site address of the Facility; and

5.

The ability of Tower, associated Support Facilities, and site to accommodate additional Antenna(s).

Additionally, if the applicant has antennas on Towers it does not own, the applicant shall provide the names and known contact information of the owner/management entities of the Telecommunications Towers or Alternative Tower Structures in the County on which the applicant's antennas are located. The Applicant shall provide updated information with subsequent applications.

(6)

Special exception application requirements. Applications for special exception shall be processed in accordance with the Sarasota County Zoning Ordinance (Ordinance No. 2003-52, as amended) (Appendix A to this Code.) See also Table 1 in Section 118-35. Applications for special exception shall include:

a.

Special Exception application including all specified supporting documentation;

b.

Copies of the following letters and all responses shall be provided to the Tower Administrator for verification: Applicant's letters to other entities owning or using Telecommunications Towers in Sarasota County and extending to a point one mile outside of Sarasota County, as identified on a list maintained by Sarasota County Planning Department inquiring whether said entities have a need to co-locate Antennas or have Tower space available for Co-Location of Antennas;

c.

For Telecommunications Towers and Alternative Tower Structures greater than 85 feet in height, a statement by the Applicant as to whether construction of the tower will accommodate Co-Location of additional Antennas for future wireless service providers users, including the Co-Location capacity;

d.

For Telecommunications Towers and Alternative Tower Structures greater than 85 feet in height, a statement by the Applicant demonstrating, to the satisfaction of the County, that no existing Telecommunications Tower, Alternative Tower Structure, building or other structure within the Applicant's geographic search area:

1.

Meets the Applicant's engineering requirements for the proposed Facility;

2.

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

3.

Has sufficient strength to support the Applicant's proposed Antenna;

4.

Has sufficient vertical space to accommodate the Applicant's Antenna; or

5.

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

e.

A statement by the Applicant indicating that government-owned property is, or is not, available within the search ring for the Wireless Communications Facility. If government-owned property is available, the statement should include a full explanation if the Applicant does not plan to locate on said property;

f.

A letter of intent, committing the Tower owner and his or her successors and assigns to allow the shared use and Co-Location of the Tower, if additional user(s) agree in writing to meet reasonable terms and conditions for such shared use; and

g.

Visual aids (digital format) of the proposed Wireless Communications Facility site showing predevelopment (existing) and post development conditions. The visual aids shall show the closest public views of the Facility from a minimum of four locations. The predevelopment visual aids shall be used to show post development views of the Facility (Telecommunications Tower, Antennas, associated Support Facilities, landscaping and security fencing.) Post development views shall include views of the Facility as it would appear immediately after construction and may include views of 12 and 24 months after construction. The visual aids shall show the relationship and proximity to neighboring residential Zone Districts and uses and how the Facility will appear from public viewpoints. The visual aids may be accompanied by a corresponding written visual impact analysis prepared by the Applicant. These requirements for visual aids are minimums and the County reserves the right to require additional visual aids as determined on a case-by-case basis.

h.

A letter from the property owner acknowledging his joint and several liability if an abandoned Wireless Communications Facility is not timely removed pursuant to Section 118-40.

(Ord. No. 98-001, § 12, 4-7-1998; Ord. No. 2005-047, pt. 1, 11-9-2005)