HomeMy WebLinkAbout1997 03 24 Regular Item K
ADD-ON
COMMISSION AGENDA
ITEM
K
REGULAR X
CONSENT
INFORMATIONAL
March 24. 1997
Meeting
MGR, lyr/DEIT-Y ~
Authorization
REQUEST: Community Development Department requests a first reading of Ordinance # 645
regulating the siting and construction of Telecommunications Towers within the
City.
PURPOSE:
The purpose of this Board Item is to request the Commission hold a first reading of
Ordinance # 645 regulating the location, construction, and impacts of Telecommunications
Towers in the City that will protect the health, safety, and welfare of the residents and
businesses in the City.
CONSIDERATIONS:
1. Ordinance No. 646 was passed as an emergency ordinance by the City Commission
on January 27, 1997 to extend for sixty (60) days the moratorium to complete a
proper study of a tower siting ordinance and to prevent construction or erection of
telecommunications towers during this moratorium period.
2. The City staff reworked a draft "Telecommunications Tower" Ordinance and
presented it to the Planning and Zoning Board for their review at its January 2,
1997 meeting. The P & Z Board made changes. The changes to draft Ordinance #
645 were be presented to the City Commission on January 27, 1997.
3. City staff met with the telecommunications industry representatives to receive
input on the draft Telecommunication Towers Ordinance # 645.
4. The City Commission held a workshop on March 17, 1997 and reviewed with staff
possible sites for Telecommunication Towers. The Commission requested staff to
March 24, 1997
ADD-ON AGENDA ITEM K
Page 2
make changes to draft Ordinance # 645 incorporating the five (5) locations for
Telecommunications Towers as indicated on the map presented at the workshop.
FUNDING:
This Ordinance does not require an expenditure.
RECOMMENDATION:
Staff recommends that the City Commission approve the first reading of Ordinance # 645.
IMPLEMENTATION SCHEDULE:
The City Commission would hold a second reading and public hearing for adoption of
Ordinance # 645. The Ordinance would take effect immediately upon adoption per
Section IV of Ordinance # 645 in accordance with 166.041(4) F.S.
ATTACHMENTS:
1. Ordinance # 645.
2. Map of potential Telecommunication Tower sites per Ordinance # 645.
COMMISSION ACTION:
ORDINANCE NO. 645
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING CHAPTER 20 OF THE CODE OF
ORDINANCES BY CREATING SECTION 20-434
"TELECOMMUNICATIONS 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)
facilities 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 0
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-directiona1
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 .:t:we !f'i&B or more carrier Antennas
loca ted on it. ;:::::::::::::::::::::::::::~
cmRruNICA'PION 'POWER ohall me~n ~ monopole, or an exioting
tower (guyed, lattice, etc.) greater than fifty (SO) feet in
height and uhich doeo not exceed one hundred eighty (180) feet
in height (including antenn~) \lhich oupporto communication
(tranomiooion or receiving) equipment. 'Phe term Communication
':(Imler ohall not include ~m~teur r~dio operator' 0 equipment, ao
licenoed by the Federal Communicationo Commiooion. (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 with a series of struts forming a non-solid
surface tower, without guy wires ~nd ground nnchoro i$.iRl$.ig
glm~Dlili:i:lii'IIII:::i::le:i:::::~I::i:tlnmgEgD~;ile*~I. <v;.m;.;.;."."'''";.,,v;.;,''',.,';
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 single pole or spire self supported by a
permanent foundation, constructed without guy wires afi& VWtifi
x:::::;~:::::::::::::::::::
ground anchors.
~ ohnll mcnn non ionizing clcctromngnctic radintion.
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, m9n9 power poles or
trees. .'.'..,',',','..,',..',.......
TELECOMMUNI CAT I ONS TO~ER sha 11 mea.~,;,;,;,;,:,;e:';;l;ii;e?;!}'?';P;?:.!.>>7..,.;.;""..~5?.~.!:E
constructed as a free-stand1ng structure n~:a~:e:e:::ttlianM:3;5;?if:Qe:ti
television, AM/FM radio, digital, microwave, cellular
~~.~.~p.~?~.~~..L..g:r similar forms of electronic communication. ml~
~~EE~~!::~:st:~df~~~:O_
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
3
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:
(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 adj acent 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 :~:$y~ or more carriers) to avoid
proliferation of :~.:<.:.t"o:wers 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; and,
::::::::::::::::::::::::::::::::::::::::::::::::::::i::;::::::::::::::::::::::::::::::::::::::::::::::;:::::::::::::::,:::::::::::::::::::::::::::::::::::::::::::;:::~:::~::::,::::::::::::::::::::::::::::::::
(c) Applicability.
(1)
All new Telecommunications Towers anaManEinn~i in
the City of winter Springs shall::::::::::i):e::::::::::::s'UB'j::ect::: to
these regulations and all other applicable
regulations. For purposes of measurement,
Telecommunications Tower setbacks as listed in
4
(2)
(3)
(4)
subsection (g) (1) ~nd Dep~r~tion diDt~noeD no
lioted in ouboeotion (g) (2) shall be calculated and
applied to facilities located in the City of winter
Springs, irrespective of other municipal and county
jurisdictional boundaries.
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 ,
-i-9-% m:i:gg: (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 no n opecinl elcception 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
within [~I the following ~:w.$.13ltt~ilgtr.~:::I:::i;Ilt.~*.BI11
deo ign~€Iono on the Fu t ui.C'...'.'"Eiliicr.."U2i"C'."...j"1oP.."....o"t"".'...tliC"....'c]~fy
of Winter Spr ingo : Induotr i?.!.1...,..F~.~.!.~!......~.~.~.~.~.~.~9.P,;
~4'li
* City of Winter springs Wastewater Treatment
Plant #l\West Plant.
* Proximate area of the Seminole county School
Board Consolidated Services Facility (aka Bus
Barn) .
* City of winter springs Wastewater Treatment
Plant/West Effluent Disposal
sites:
# 16 Spray Irrigation; # 17 Percolation Pond;
and Oak Forest Spray Field.
* City of winter Springs City Hall.
* City of winter Springs Fire station # 3 to be
5
located on the south side of S. R. 434 in
Tuscawilla Tract 15, Parcel 3 (approximately
2,300 feet west of vistawilla Drive).
(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 2 0 Division 3
Board of Adjustment Sec. 20-82 through 20-83 of the
Code of Ordinances, City of winter Springs.
(e) site Plano
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 @1:i:;:i:i:!t.~fl:~:gl:i:i:i:i#.fiiii::~i:f9.:i1 by the Building Department
~nd the cTtSr.'.'.....EiiijIii"c"EF........'Q.t"'...'.'.the time building permito arc
requeated.
(f) Application for special exception and building permit
requests 0
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, unleaa the requiremento of Suboeotion
(e) ]:f:i,::(2) require a greater oetbaolc.
b. The setback requirement shall be ten (10)
feet.
(2) Separ~tion of to\iera from off oite uaea.
a. Reaidential uae (aingle family/multi
f~mily /mobile homeo) lJiThioh ia platted or hao a
valid aubdivioion plan uhich io not expired
6
tuo hundred and fifty (50) f...S,~.~......w....!.!:..9.'!"MW~'~
iiiP--
::::::::;:;:::::;:::::::;:::;:;:;:;:;:
b.
Vacant, unplatted reoidentially ~9.~~~p~gpI~!y.
-
...................
......................................
........ ...........
Non reoidentially
reoidential uoe
!tipy~:9B:::::::1:9:i:~I~:M
d. E:eparation diotanceo may be reduced by the
Development Re'yrie\i Committee uhen notarized
~lritten conoent io obtained from those
affected property mmero ~lithin the applicable
oeparation diotance.
c.
zoned lands or non
none. ~1:::::::i~~$ml!Ii*II;,:$i:i:i:lii:i:i:i:i~l~
(3) Separation distances between Telecommunications
Towers.
a. Separation distances between
Telecommunications Towers shall be applicable
for and measured between the proposed tower
and those towers that are existing and/or have
received the City of winter Springs land use
or building permit approval after , ~
OOggm (the effective date of this ordinance).
'ifihit':':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
linear feet)
feet.
separation distance (listed in
shall be two thousand (2,000)
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 proximity 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.
7
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
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
Wgllmns. capacity, number and type of antennas
..rE"".."""E~in 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 ~ EM the tower.
8
d. All new Telecommunications Towers, and those
existing towers to be modified, shall have the
capability of having space for three liMB or
more carriers. One of these spaces shall be
~~1t~
Hm:lli::i:::::ml:::::::BI&~Ej:::j:j~~!III::ir::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
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) 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 relative 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
9
other fencing method to prevent pedestrian
access to the tower, not to exceed two (2)
feet in height, may @hWmw. 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
~~:::-
'by"""""EliC...'.."""peroon or entity in charge of the
'Pelecommunicationo Touer or oite.
(11) Landscaping.
c.
d.
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;
a.
A row of s.~~c:1~....,1:::J;~,~s.....,<:>f....~~,f.l~~':l,l1l...5).~.,..~~,9~~,..,J~)
~:~t a~~ll oK,~W!:,,:&:~~:~Bf:!'~~::::n':!!~!g::~::::~,::::!~:,:,t!,:
and a maximum of ten (10) feet apart shall be
planted around the outside perimeter of the
fence/wall;
b.
-
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.
10
(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 [10J acres in size) land uses indicated on the
Future Land Use Map of the City's Comprehensive
Plan provided that:
d.
f.
g.
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.
e.
~~ ~~:~~~iii::::::::i;'iiiiii~i:~~i~i'i.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!!I::::::~'~~'I!!~nl~IT"I:f:~:~:~~!I:I"~~gt ~~~~;i~
more than seven hundred fifty (750) square
feet of gross floor area or be more than
~
if the equipment building in located on the
roof of the building, the area of the
equipment building nhall not occupy more than
t~lenty five (2 5 ~) percent of the roof area.
(13) Equipment storage
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
11
tower unless repairs to the tower are being made,
.~:::::::.&::::::::~n:::::::iE~.~:~~ .
(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:
:::~:i:~:[::I:::::::::II'llilllliillllll"""::::!:!:!:!i!J::wnm[!:!:I::::::MI:Bi!:!:!:!ii:itii:lg
::::::::::::::::~::::::~::::::::;::::::::::::::::::::::::::::::::::;:::::::::;::<<:;:;:;:;:;:::::::;:::::::::::::::::::;:;:;:;:::;:;:;:;:;:;:;:;:;:;:;:;::
(b) monopole towers - every five (5) years;
;~:8li 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
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.
(h) 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 Ifl~~W, and are
encouraged to, co-locate on€'c)'"";'"';';';';';';''' existing
Telecommunications Towers.
12
(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
J:ll:ll1ci:r.,~9:.. ,~J.9:l1::t:.Y,..Cl.~9.1..,J~~t.,-.."J.l1c Iud ing antennas fiv
g8mi:$:%ingm:i~il~iffiffili:~:::~*tMi:!~:::~::BlflffiiB~nRm; .....'.'.'.'..
(4) Onsite-Iocation.
a. A Telecommunications Tower which is being
rebuilt to accommodate the Co-location of an
additional communications Antenna may be moved
~~
b. After a Telecommunication Tower is rebuilt to
accommodate CO-location, only one (1) tower
shall remain on the site;
o. The onoite reloo~tion of a Teleoommunioationo
Tmv'er ,;rhich comeo t.UfA:X${::::jiQE::::::]~@iti ,Ii thin the
Deparation diDt~ncc:D:':':':':Eo:':<':':r:2'oTdcntlal uni to or
reoidentially zoned lando aD eot~bliohed in
ouboection (g) (2) Dhall only be permitted ~lhen
not~ri3ed \;rritten conoent io obtained from
thoDe affected reDidenti~1 property O\lRero.
(i) certification of compliance with Federal Communications
Commission (FCC) NIER 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
13
_~M~
add1t1onal one hundred e1ghty (180) nwn:@5.Y l(::~~n::
days within which to: (i) reactivate..,w'th'Er.."..'usEr.....'Q'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) n~:ng:lM :~t:$P:X
days after dismantling or the expiratT.oii'....".""6f "'."..thEi
:~:~~:~:i: ~~;d~~~i~~d a~ i::{ i\"\~I"~\'::!~:'!~'l~n ~ 3 ~~~
'iiip'e'cIal exception and/or variance for the tower
shall automatically expire.
(2) $~~a?d~i.ff$.f ~~~te~t Sl~~ng~isc~;tJ~~O i~intas'~!!
......,......,...".,........,....,.., , y
O'wnErr::s"IiI:t>,",':':''6f 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.
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
14
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 HEARING
15
-, '--.~-~-
- -'--.-- "-~./ --~;"- .. _.. ---'-,~..- ----~~-"~
~od,h
@>,.'..';-::,;:
" .. ,.
~.,..::.
U
SPRrt'\GS
'2:010
i:
~
';
I
'I
t.
_____J L
--~[-
';'T.A7":':'r.:. . f j,..' .-;,- _~~~
. i E
il
i'
I I
1/
, I
/'/
:/
/;/
/,
'/
'>:;"/
1/:;.
" .
II .
'I r
. -:- .;" l~..t"
: . Der:s,\,.
: :.. __. Re5;:cr,tic'
=.::":-::. VCdc'ele
;::-.:-::" Der....::y
.. .. Resi:l~:::ic
:.7:"':-:" lice::....."
.:::-=-:.: DI.'~s;t,.
iliJ}~l ~?~j;,:'~
~~~: ~:~~~~~:iC.
:.:,":,
'":$::: ::: u~s
._. .:. ~ I"C_'l:';:;:~
:: -,::.'.
:::_~;::~;. CO,"=,'r'e' c:::
l:ftJ ~~:<
~ ~'7_"===-=.-==.\
'v-
/-
.:/
\':;."':."
--~------/
~:.:
r:-:~:=~"O~
1__'_---::-
I _a',.,,'''--. :;"';''::':':,,: ~'"
............... ~~;...:.':::~ .~t:.::.;.
!. "
I c
'.'
- ,
;'
.I
/
,
[.\'(JNf[RINt: .'\ l.-.l,"C ;:;I::-rr.
///'