HomeMy WebLinkAbout1997 01 27 Regular Item C
COMMISSION AGENDA
ITEM C
REGULAR X
CONSENT
INFORMATIONAL
JanU1UY 27, 1997
Meeting
MGR. ~,WAID~~Y-:7'
Authorization
REQUEST:
Community Development Department requests the City Commission to
approve the first reading of Ordinance 645 relative to the regulation of
Communication Towers in the City.
PURPOSE:
The purpose of this Board item is to request the Commission's consideration in approving
the first reading of Ordinance 645 relative to the regulation of Communication Towers in
the City.
CONSIDERATIONS:
1. At the November 25, 1996 regular meeting ofthe City Commission, the
Commission adopted Ordinance 635-B placing a moratorium on the construction
and/or erection of Telecommunications Towers within the City until January 30,
1997 to allow the City time to study the issues related to the location, construction
and impacts of Telecommunications Towers in the City and develop regulations
that will protect the health, safety and welfare of the residents and businesses in the
City.
2. The City staff developed a draft "Telecommunications Tower" Ordinance which
was presented to the Planning and Zoning Board for its review at its January 2nd
meeting. The P & Z Board made various changes and made recommendation that
the City Commission adopt the proposed ordinance with such changes.
January 27, 1997
AGENDAlTEM C
Page 2
3. The CALNO Communication Tower Technical Committee held three meetings to
discuss technical considerations relating to the siting of communication towers.
NOTE: After the January 2, 1997 regular meeting of the P & Z Board, a member of the P
& Z Board became aware of new information relating to Telecommunications Towers
while viewing cable channel 9 Local Government (Orange County) and reading an article
in the Orlando Sentinel and submitted his comments which are attached as an Addendum.
ALTERNATIVES:
1. Approve the first reading of Ordinance 645 relating to the regulation of
Telecommunications Towers within the City. The second reading for adoption of
the ordinance would be held on February 10, 1997.
2. Do not approve the ordinance, remand back to staff and the Planning and Zoning
Board for further review and recommendation. Institute another moratorium.
IMPLEMENTATION:
The Commission would hold a second reading and public hearing on Ordinance 645 on
February 10, 1997. Upon adoption the Ordinance would take effect.
RECOMMENDATION:
Staff recommends that the City Commission approve the first reading of Ordinance 645
relating to the regulation of Telecommunications Towers within the City.
ATTACHMENTS:
1. Text of Ordinance 645
2. Addendum
COMMISSION ACTION:
ORDINANCE NO. 64S
AN ORDINANCE OF THE CITY COHKISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING CHAPTER 20 OF THE CODE OF
ORDINANCES BY CREATING SECTION 20-434
"TELECOHKUNICATIONS TOWERS"; PROVIDING
FOR DEFINITIONS; PROVIDING FOR FINDINGS
AND INTENT; PROVIDING FOR APPLICABILITY;
PROVIDING FOR LOCATION; PROVIDING FOR
PERFORMANCE STANDARDS/DESIGN CRITERIA;
PROVIDING FOR SPECIAL EXCEPTIONS;
PROVIDING FOR CO-LOCATION; PROVIDING FOR
ABANDONMENT; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City commission of the City of
winter Springs, Florida has determined it to be in the best
interests of the health, safety and welfare of the citizens of
Winter Springs, Florida to regulate the location, design and
other matters relating to Telecommunications Towers in the
city of winter Springs, Florida; and
WHEREAS, the Code of Ordinances of the City of
Winter Springs does not provide regulations which reflect
changes in technology and federal regulations for such
Telecommunications Towers;
WHEREAS, the City of winter Springs seeks to guide and
control future development within the City to preserve and
maintain the character of its established land use and zoning
districts and has an objective (Objective B of the Future Land
Use Element in the City'S Comprehensive Plan, Vol. 2 of 2)
which requires that "land development regulations shall
provide criteria to ensure such (public and quasi-public)
facili ties are located and designed to be compatible with
adjacent land uses";
WHEREAS, the City commission realizes that our society is
becoming dependent on cellular and other types of
communication requiring transmission towers and that provision
of Telecommunication Towers and utility service facilities
within the City of winter springs serves the public health,
safety and welfare; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE
CITY
OF
WINTER
SPRINGS,
FLORIDA,
THAT:
SECTION I - City of winter Springs Code, Chapter 20,
"Zoning", is hereby amended by adding a new section, section
20-434 to read as follows:
Sec. 20-434. Telecommunications Towers.
(a) Definitions.
ANTENNA shall mean a transmitting an/or receiving device
used in telecommunications that radiates or captures
electromagnetic waves, including directional Antennas, such as
panel and microwave dish Antennas, and omni-directional
Antennas, such as whips, excluding radar Antennas, amateur
radio Antennas and satellite earth stations.
CO-LOCATION shall mean Telecommunications Towers that
have the potential to have two or more carrier Antennas
located on it.
COMMUNICATION TOWER shall mean a monopole, or an existing
tower (guyed, lattice, etc.) greater than fifty (50) feet in
height and which does not exceed one hundred eighty (180) feet
in height (including antenna) which supports communication
(transmission or receiving) equipment. The term Communication
Tower shall not include amateur radio operator's equipment, as
licensed by the Federal Communications Commission. (FCC).
GUYED TOWER shall mean a Telecommunications Tower that is
supported, in whole or in part, by guy wires and ground
anchors.
2
LATTICE TOWER shall mean a Telecommunications Tower that
is constructed without guy wires and ground anchors.
MICROWAVE shall mean a dish antenna, or a dish-like
antenna used to link communication sites together by wireless
transmission of voice or data.
MONOPOLE TOWER shall mean a Telecommunications Tower
consisting of a ~ingle pole or sp,ire self su:pported ~y.........!
permanent foundat1on, constructed w1thout guy W1res aft6 wWift
ground anchors. ~i,~*~i;;iii:::
NIER shall mean non-ionizing electromagnetic radiation.
PANEL ANTENNA shall mean an array of Antennas designed to
concentrate a radio signal in a particular area.
STEALTH FACILITY shall mean any Telecommunications
facility which is designed to blend into the surrounding
environment. Examples of stealth facilities include
architecturally screened roof-mounted Antennas, Antennas
integrated into architectural elements, and Telecommunications
Towers designed to look like light poles, m911 power poles or
trees. ...............
TELECOMMUNICATIONS TOWER shall mean a monopole tower
constructed as a free-standing structure no more than 180 feet
in height, containing one (1) or more antenna intended for
transmitting or receiving television, AM/PM radio, digital,
microwave, cellular telephones, or similar forms of electronic
communication, excluding radar towers, amateur radio support
structures licensed by the FCC, private home use of satellite
dishes and television antennas and satellite earth stations.
WHIP ANTENNA shall mean a cylindrical Antenna that
transmits signals in 360 degrees.
(b) Findings and Intent.
The City has with increasing frequency received requests
to approve sites for Telecommunications Towers. Land
development regulations have not adequately identified
specific procedures to address recurring issues relating
to the approval of locations for Telecommunications
Towers. Therefore, it is the intent of this ordinance
(to be codified as Sec. 20-434 of the Code of Ordinances
of the City of Winter springs) to address the recurrent
issues pertaining to the approval of Telecommunications
Towers upon parcels located in the City of
winter Springs. Accordingly, the City Commission finds
that the promulgation of this ordinance is warranted and
necessary:
3
(1) To protect residential areas and land uses from the
potential. adverse impacts of Telecommunications
Towers when placed at inappropriate locations or
permitted without adequate controls and regulation
consistent with the provisions of law;
(2) To minimize the adverse visual impacts resulting
from Telecommunications Towers through sound and
practical design, siting, landscape screening, and
innovative camouflaging techniques all in
accordance with generally acceptable engineering
and planning principles and the public health,
safety and welfare;
(3) To avoid potential damage to adjacent properties
through sound engineering and planning and the
prudent and careful approval of Telecommunications
Tower sites and structures;
(4) To require shared use/co-location of existing and
new Telecommunications Towers (capability of having
space for three or more carriers) to avoid
proliferation of towers throughout the City of
winter Springs. One co-located position shall be
reserved exclusively for the use of the City of
winter Springs.
(5) To ensure that location of Telecommunications
Towers is consistent with the provisions of the
City of winter Springs Comprehensive Plan, the East
Central Florida Regional Policy Plan, the State
Comprehensive Plan as well as the provisions of
State and Federal Law.
(c) Applicability.
(1)
.. .............................................................
All new Telecommunl.catl.ons Towers idil::rN1.bei.hb:a.. in
the City of Winter Springs shall::::::::;B'Er::::::::::s'U:6:j:~2e to
these regulations and all other applicable
regulations. For purposes of measurement,
Telecommunications Tower setbacks as listed in
subsection (g) (1) and separation distances as
listed in subsection (g) (2) shall be calculated and
applied to facilities located in the City of winter
Springs, irrespective of other municipal and county
jurisdictional boundaries.
4
(2)
(3)
(4)
All new communications Antennas (i.e. stealth
rooftop or building mounted antennas) which are not
attached to Telecommunications Towers shall comply
with subsection (g) (12).
All Telecommunications Towers existing on ,
~ WalM (the effective date of this ordinance)
shall ::::"BEr::::::allowed to continue their usage as they
presently exist. Routine maintenance (including
replacement with a new tower of like construction
not to exceed one hundred eighty [180] feet) shall
be permitted on such existing towers. New
construction other than routine maintenance on an
existing Telecommunications Tower shall comply
with the requirements of this section.
For purposes of implementing this section, a
Telecommunications Tower that has received City
approval as a special exception or building permit,
but has not yet been constructed, shall be
considered an existing tower so long as such
approval is current and not expired.
(d) Location, Permitted Uses and Special Exceptions.
(1) Telecommunications Towers shall be an allowed use
wi thin the following designations on the Future
Land Use Map of the City of winter Springs:
I nd us tr i a I ; ~~~Y!"'!"'~"""""""""'ir~~"'!"'!"?"!"!!'9...~ ; ut i lit Y
~;) ....
(2) A monopole or stealth facility shall be the
permitted type of Telecommunications Tower within
the City of winter Springs.
(3) Other types of Telecommunications Towers (i.e.
lattice, guyed, etc.) shall require a special
exception as indicated in Chapter 20 Division 3
Board of Adjustment Sec. 20-82 through 20-83 of the
Code of Ordinances, City of winter Springs.
(e) site Plan.
Any Telecommunications company or entity that intends to
install a Telecommunications Tower in the City shall file
a site plan (as defined in Chapter 20 "Zoning", if
applicable and/or Chapter 9 "Land Development" Code of
Ordinances, City of winter Springs) with the Land
Development Coordinator. Said site plan shall be
reviewed by the Development Review Committee and approved
5
BE1ffllififfiitttNi:a.Wiifiii:t by the Building Department and the
:c=rty:x'1:ng'I:n:ee'~:at::::::t:fre time building permits are requested.
(f) Application for special exception and buildinq permit
requests.
Applications for special exception shall be submitted to
the Land Development Coordinator and building permit
request shall be submitted to the Building Official.
(g) Performance standards/Design Criteria.
(1) Setbacks.
a. Telecommunications Tower setbacks shall be
measured from the base of the tower to the
property line of the parcel on which it is
located, unless the requirements of Subsection
tat ~i~(2) require a greater setback.
b. The setback requirement shall be ten (10)
feet.
(2) Separation of towers from off-site uses.
b.
c.
d.
a.
Residential use (single-family/multi-
family/mobile homes) which is platted or has a
valid subdivision plan which is not expired -
two hundred and fifty (SO) feet from an
-
::::::*,::::::::::::;::::s.:::~:::::
Va~ant 'h unlla:t;~ f~esi~~~ti"tll~ ~.:\_:.P.;5~~:.~X
ill::ijpl*iili:II:~::~~~:.!~i:tl!.I~;!:l*~I.;!~;i;llkl!i!~!il:III~.1
,w..iililn~::=p..:
:::::::~~:::::::::::::::::::::::::::
Non -res ident ia 11 y z one?......................!.~.!!!!.!.~~<<...,...5~;:,....................!}P.!?::
i;ii.:iii!i'i~se - nonc. 11::tl:melIll1_,:i:n:HMIAlI
Separation diotances may be reduced by the
Development Revicw Committec whcn notarized
wr i ttcn Clonoent ia obtaincd from thooe
affccted property owners within thc applicablc
oeparation distance.
(3) Separation distances between Telecommunications
Towers.
a. Separation distances between
Telecommunications Towers shall be applicable
for and measured between the proposed tower
6
and those towers that are existing and/or have
received the City of winter Springs land use
or building permit approval after ,-l-9%
:1:9.:111: (the effective date of this ordinance).
ThEr':::::separation distances shall be measured by
drawing or following a straight line between
the base of the existing tower and the
proposed base, pursuant to a site plan, of the
proposed tower.
b. The minimum separation distance (listed in
linear feet) shall be two thousand (2,000)
feet.
c. The separation distance may be reduced by
special exception as defined in Chapter 20,
Division 3. Board of Adjustment, sections 20-
76 through 20-84 of the Code of Ordinances,
City of winter Springs, Florida.
d. The proximi ty to other existing
Telecommunications Towers shall be a factor
considered and addressed during the special
exception hearing for any proposed
Telecommunications Tower.
(4) Measurement of Height.
a. Measurement of Telecommunications Tower height
shall include Antenna, base pad, and any and
all other appurtenances and shall be measured
from the finished grade of the parcel on which
the Telecommunications Tower is located.
b. Telecommunications Towers shall not exceed one
hundred eighty (180) feet in height which
shall include the antenna.
(5) Illumination.
Telecommunications Towers shall not be artificially
lighted except to assure human safety eP as
required by the Federal Aviation Administration.
(6) Finished color.
Telecommunications Towers not requiring FAA
painting/marking shall be of such color that will
blend with the surrounding environment.
(7) Structural Design.
a. site planes) are required and shall be
submitted for approval as defined in Chapter
7
20 Zoning (if applicable) and/or Chapter 9
Land Development, Code of Ordinances, City of
Winter springs, Florida.
b. Telecommunications Towers shall be constructed
in accordance with the EIA/TIA 222-E standards
as published by the Electronic Industries
Association, which may be amended from time to
time, ASCE 7-95, "Minimum Design Load for
Buildings and structures", (Wind Loads
Chapter), as published by the American Society
of civil Engineers, and further defined by
ASCE 7-88, "Guide to the Use of the Wind Load
provisions", both which may be amended from
time to time, and all City of Winter Springs
construction/building codes as indicated in a
statement signed, sealed and dated by a
professional engineer licensed to practice in
the state of Florida.
c. Such statement shall also describe the tower's
w91.1@'nl capacity, number and type of antennas
.Il:................c'iih accommodate. No tower shall be
permitted to exceed its loading capacity. For
all towers attached to existing structures,
the statement shall include certification that
the structure can support the load
oupcrimposed ffem II the tower.
..............~
d. All new Telecommunications Towers, and those
existing towers to be modified, shall have the
capability of having space for three or more
carriers. One of these spaces shall be
r~se~v~d excl~sively i?!~~2~~~~~~2fH~~i~S!iX.
~
e. Further, any improvements and/or additions
(i.e., Antenna, satellite dishes, etc.) shall
require submission of a site plan signed,
sealed and dated by a professional engineer
licensed in the state of Florida which
provides substantial competent evidence of
compliance with the EIT/TIA 222-E Standards
ASCE 7-95, "Minimum Design Load for Buildings
and Structures", (Wind Loads Chapter), as
published by the American Society of civil
Engineers, and further defined by ASCE 7-88,
"Guide to the Use of the Wind Load
Provisions", both which may be amended from
time to time, in effect at the time of said
improvement or addition.
8
(8) Public Notice.
(9) Signage.
No commercial signage or advertising shall be
permitted on a Telecommunication Tower unless
otherwise required by law or the signage pertains
only to the posting of the property relati ve to
trespassing. The use of any portion of a tower or
perimeter fence/wall for signs or advertising
purposes, including company name, banners,
streamers, etc., shall be prohibited.
(lO) Fencing.
a. A chain-link fence or wall not less than eight
(8) feet in height from finished grade shall
be installed by the applicant around each
Telecommunications Tower. Barbed wire or
other fencing method to prevent pedestrian
access to the tower, not to exceed two (2)
feet in height, may iHimm be installed along
the top of the fence or@wall, but shall not be
included when calculating the height of the
fence or wall.
b. Access to the tower through the fence or wall
shall be thro~.9.e.,....,~w....9.y~.~.~.....~~.!.~.~......~~~.!..!...w.~.!:.,......!,9.e.~,~c:!
;ia<<li~altm::e !(~!!l'I::!"t!JJ:'!P!'~"tt!~!!J'!
Dy:.:.;<.:.;.'tKC':';':':""pCrf3aR or entity iR charEJo of tho
TelecommunicntioRG Tower oroitc.
(II) Landscaping.
The visual impacts of a Telecommunications Tower
shall be mitigated for nearby viewers through
landscaping or other screening materials at the
base of the tower and ancillary structures in order
to maintain visual aesthetics for those who must
view the site on a regular basis including, but not
limited to, proximate residents and the travelling
public. The following landscaping and buffering
requirements shall be required around the perimeter
of the tower and accessory structures;
9
b.
c.
d.
a.
A row of ~~~.~T...^,,;:i::;..~..........?:iu:.~J'~<1+~="''''~~''''=.~%~i........J..~)
~:~t a~~llo~~t1!'F*:~:"~~::::M'~~~~!::::::~"ll~~':r~~:
and a maximum of ten (10) feet apart shall be
planted around the outside perimeter of the
fence/wall;
-
capable of growing to at least thirty-six (36)
inches in height within eighteen (18) months
shall be planted in front of the tree line
referenced above;
All landscaping shall be of the evergreen
variety being a minimum quality of Florida #1.
All landscaping shall be xeriscape tolerant
and shall be properly maintained by the
Telecommunications Tower owner/operator to
ensure good health and viability.
The use of existing vegetation shall be preserved
to the maximum extent practicable and may be used
as a substitute ~ or 4ft supplement towards meeting
landscaping requirements.
(12) Antennas on Buildings.
Any stealth rooftop or building mounted antennas
which are not attached to a Telecommunications
Tower, shall be a permitted ancillary use to any
commercial, industrial, Public Buildings, utility
Installation, and Recreation (sites greater than
ten [10] acres in size) land uses indicated on the
Future Land Use Map of the city's Comprehensive
Plan provided that:
a. antennas shall only be permitted on buildings
which are at least fifty (50) feet in height
(the height requirement may be waived if
public safety needs warrant the antenna);
b. antennas may not extend more than twenty (20)
feet above the highest point of a roof (this
requirement may be waived if public safety
needs warrant additional height);
c. antennas and related equipment buildings shall
be located or screened to minimize the visual
impact of the antenna upon adjacent properties
and shall be of a material or color which
matches the exterior of the building or
structure upon which it is situated.
10
~~ ~~~~~~ii~ii~:~i~iiiii!i~ii~i;iD.i; allowed on
no signals, lights, illumination shall be
permitted on an antenna or equipment building
unless required by the Federal Communications
commission (FCC) or the Federal Aviation
Administration (FAA).
=an~!li:i::~!"!II'il~"li'I!:!III\"II~t ~~~~;~~
more than seven hundred fifty (750) square
feet of gross floor area or be more than
twel ve (12) feet in hei9ht. $uiliirI6.uiJ,a;Zijg
11111<llllllllill~;"~i~'iiIWllleBliiiiiiii:i::iigl;;i~iii:i:::llil
if the equipment building is located on the
roof of the building, the area of the
equipment building shall not occupy more than
twenty-five (25%) percent of the roof area.
(13) Equipment storage
g.
d.
e.
f.
Mobile or immobile equipment not used in direct
support of a Telecommunications Tower facility
shall not be stored or parked on the site of the
iBwillirIIDiH;~F.aiEiil~ to the tower are being made,
::::::::,:::,:,::,,~:::,::~,:,:::::::::::::,::::,::,:::::::::::::::~:::::::::::::::~m:::,:::::::::*,:::,
(14) Schedule of structural Integrity
Telecommunication Tower owners/operators shall
submit to the Building Department a certified
statement from a qualified, registered,
professional engineer, licensed in the State of
Florida, attesting to the structural and electrical
integrity of the tower on the following schedule:
~J.;llffi:M;:ll!jllllltl~llllllfIl:;i;lnSJ;mi;MIPI;mI;I!]!.
(b) monopole towers - every five (5) years;
~lll~i any other type tower - every two ( 2 )
years.
(15) Transmission/Reception Interference.
Each application to allow construction or
modification of a Telecommunications Tower shall
include a certified statement from a qualified,
registered, professional engineer, licensed in the
state of Florida, attesting that the construction
of the tower, including receiving and transmitting
11
functions, shall not interfere with public safety
communications and the usual and customary
transmission or reception of radio, television,
etc., service enjoyed by adjacent residential and
non-residential properties.
(16) Telecommunications Towers are prohibited when a
proposed or existing principal use includes the
storage, distribution, or sale of volatile,
explosive, or hazardous wastes such as LP gas,
propane, gasoline, natural gas, and corrosive or
dangerous chemicals.
(b) Co-location of communications Antennas.
To minimize adverse visual impacts associated with the
proliferation and clustering of Telecommunications
Towers, co-location of communications Antennas by more
than one (1) carrier on existing or new Telecommunication
Towers shall take precedent over the construction of new
single-use Telecommunications Towers as follows:
(1)
Proposed communications Antennas may,
encouraged to, co-locate onto
Telecommunications Towers.
and are
existing
(2) Type of Construction. A Telecommunications Tower
which is reconstructed to accommodate the Co-
location of an additional communications Antenna
shall be of a monopole tower type.
(3) Height. An existing Telecommunications Tower may
be modified or rebuilt to the allowed height of one
&lili:;.iillt,~il:i,i,:_i~:::ll,.I.ii~luding antennas 1m
(4) Onsite-Iocation.
a. A Telecommunications Tower which is being
rebuilt to accommodate the Co-location of an
additional communications Antenna may be moved
c:>~Si te . w~ ~hin I two t ~und;:~:':':':'!:'!'!.i~.:.:.:.:.:t~:.:~;.:.:.:.:!.fiS,i:.:.:.fii
iEilliijlji9'ii::;;lliiimiiiij:i::lljll~~ijjjj'lllli~t':::;lii~iti::IftJI:::::::::::;;:;
b. After a Telecommunication Tower is rebuilt to
accommodate Co-location, only one (1) tower
shall remain on the site;
c. The onsite relocation of a Telecommunications
Tower which comco $lfiim;llI~iliII:e.6.1i@ wi thin the
separation distance:s:::::::<'€:cr::<::f:e:s::raent1al units or
residentially zoned lands as established in
subsection (g) (2) ahall only bc permittee YAcn
12
notari21cd writtcn conoent io ebtaineEi from
theac affected reaidcntial property ewncrs.
(i) certification of compliance with Federal communications
Commission (FCC) BIER Standards
Prior to receiving final inspection by the winter Springs
Building Department, documented certification shall be
submitted to the FCC, with copy to the Land Development
Coordinator, certifying that the telecommunications
facility complies with all current FCC regulations for
non-ionizing electromagnetic radiation (NIER).
(j) Abandonment.
(1) In the event the use of any Telecommunications
Tower has been discontinued for a period of one-
hundred eighty (180) consecutive days, the tower
shall be deemed to be abandoned. Determination of
the date of abandonment shall be made by the
Building Official who shall have the right to
request documentation and/or affidavits from the
Telecommunications Tower owner/operator regarding
the issue of tower usage. The Telecommunications
Tower owner/operator shall provide all requested
oW1i:er7'o:':':':':e'ra:€or':': of the tower shall have an
. . p . ...........;0.............................. ..............................
add1t1onal one hundrcEi c1ghty (180) .WAIIY m~nuJ
days wi thin which to: (i) reacti vate.........€he........usii..w..o'f
the tower or transfer the tower to another
owner/operator who makes actual use of the tower,
or (ii) dismantle and remove the tower. with
regard to towers that received special exception
approval, one hundred eighty ( 180) HI-dIll tt111fi
da s after dismantlin or the e ira€To.ii.........of .......€h'e
;i; ~~d~:~i;;da:i& ~n~3~~
spec1al except10n and/or var1ance for the tower
shall automatically expire.
(2) ;;wdi1iliitif ~~~te~t Sl~~ng:isc~~tJ:;C3 ::in~s'!!!
.........................................., , y
owiier.shTp.........of the tower at no cost, or require the
owner to dismantle the tower at the owner's
expense. If the decision is to dismantle the
tower, the property shall be cleared of all
appurtenances and returned to its natural state.
13
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;;;;;;;;;;:;:::,:::::::;::;;::,;;:;;;,:;<<;;;;;;;;;;:;:;:;:;:;:::;:;;::;:::::::::;:;:::;:;1,;::::;;;,:;:;,:;:;:;:;:;:;:;;;:;::::,:::::
SECTION II - If any section or portion of this Ordinance
proves to be invalid, unlawful or unconstitutional, it shall
not be held to invalidate or impair the validity, force or
effect of any other section or portion of a section or
subsection' or part of this Ordinance.
SECTION III - That all Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
SECTION IV - This Ordinance shall take effect immediately
upon its adoption, in accordance with 166.041 (4) Florida
Statutes.
PASSED AND ADOPTED this____day of
, 1997.
CITY OF WINTER SPRINGS
Paul Partyka, MAYOR
ATTEST:
CITY CLERK
FIRST READING
POSTED
SECOND READING AND PUBLIC ijEARING
14
ADDENDUH
After the January 2, 1997 regular meeting of the Planning and
Zoning Board, a member of the Board became aware of new
information relating to Telecommunications Towers while
viewing cable channel 9 Local Government (Orange County) and
reading an article in the Orlando Sentinel. The following are
his submitted comments:
NOTE:
Orange County Board of Adjustment: Concerning a
Cell phone PCS Tower request, it was stated that
cell phones use 900 megahertz frequency. PCS
systems use 2,000 megahertz. A company expert said
that 103 feet (tower) is optimum height for PCS
system. Each additional antenna for co-location
needs additional fifteen (15) feet.
SUGGESTION:
Communications Tower Application Form should include:
Applicant to confirm by documents that he/she has made
request(s) of others for co-location and been refused; or
that towers are unavailable for cO-location, and has
applicant made request of other operators to co-locate
with him/her.
SUGGESTION:
Towers shall be structurally designed to accommodate 3
antenna by height increase if necessary, wi thin the
height limits established in this ordinance.
SUGGESTION:
Winter Springs should revise the draft ordinance to
require 500 feet or 3.5 times the tower height, whichever
is larger.
NOTE:
Orange County is considering modifying the
distance rule to nearest residence from three
(3) times the tower height to four (4) times
the height.
SUGGESTION:
winter Springs may wish to consider what Orange County is
now considering adding the following to its ordinance:
If a tower owner has refused a co-location request
without a valid objection, the county's permit for
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the tower may be revoked two (2) years after the
original installation and operation. The tower
shall then be removed as if it had been abandoned.
NOTE:
As reported in the Orlando sentinel 1/4/97 "(Don)
Fisher, who wrote the county's (Seminole) ordinance
on cellular phone towers, said poles must be a
minimum of 200 feet from residences.
Unfortunately, the rules don't apply to poles in a
utility easement, he said. . .But for towers that
ae placed in power-company easements, we have no
control over height."
SUGGESTION:
The following language [ to be placed after section
I(g) (12)g. ] may help address the problem of no control
over towers in the power-company easements:
communication antennae may only be mounted on
existing or new electric utility towers for the
express use of and for the utility which owns the
tower and not for use, and transmission for fees or
lease, unless all height, separation, design and
performance standards of this section (g) are met.
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