§ 62-2445. Wireless telecommunication facilities on county-owned property.

(a)

The master plan identifies sites the county considers preferred for the location of commercial wireless telecommunication facilities. These properties and the specific height and design recommendations are provided in appendix A of the master plan. Each site has been specifically reviewed for service needs and zoning and land use compatibility through an administrative rezoning process pursuant to section 62-1152. Designation of these sites for the location of wireless telecommunications facilities is considered a zoning overlay. Properties may be added or deleted from appendix A of the master plan through the same public hearing process.

(b)

Applications that seek to exceed the maximum height and design standards established in appendix A of the master plan are considered a level III permit and must be reviewed as a conditional use pursuant to section 62-1953.

(c)

Pursuant to applicable law, the county may contract with a third party to administer those publicly-owned sites for purposes of developing the sites as part of its master plan, consistent with the terms of this division. Except as specifically provided herein, the terms of this division, and the requirements established thereby, shall be applicable to all wireless telecommunications facilities to be developed or co-located on county-owned sites.

(d)

If an applicant requests a permit to develop a communications facility on county-owned property, the permit granted hereunder shall not become effective until the applicant and the county have executed a written agreement or lease setting forth the particular terms and provisions under which the authorization to occupy and use the public lands of the county will be granted. Authorization to use public lands is subject to the terms of the lease.

(e)

No development permit granted under this section shall convey any exclusive right, privilege, permit, or franchise to occupy or use the publicly-owned sites of the jurisdiction for delivery of wireless communications services or any other purpose.

(f)

No permit granted under this section shall convey any right, title or interest in the public lands, but shall be deemed a permit only to use and occupy the public lands for the limited purposes and term stated in the separate agreement between the county as lessor and applicant as lessee. Further, no permit shall be construed as a conveyance of a title interest in the public property.

(g)

Applications for the collocation of wireless facilities in county public rights-of-way, as authorized under F.S. § 337.401(7), are processed through the public works department pursuant to chapter 86.

(Ord. No. 2014-30, § 35, 10-2-14; Ord. No. 2017-015, § 1, 7-11-2017)