HomeMy WebLinkAbout1997 04 07 Regular Item A
ClOMMISSION WORKSHOP
IT]~M A
REGULAR X
CONSENT
INFORMATIONAL
ApriL 7, 1997
Meeting
MGR0 fDEP~
Authorization -
REQUEST:
Community Development Department requests the City Commission
review with staff draft Ordinance 645 relative to the regulation of
Communication Towers in the City.
PURPOSE:
The purpose of this Board item is to request the Commission to continue its review of the
draft Ordinance relative to the regulation of Communication Towers in the City, which
began at a Special Workshop on February 17, 1997.
CONSIDERATIONS:
1. At the November 25, 1996 regular meeting of the City Commission, the
Commission adopted Ordinance 635-B placing a moratorium on the construction
and/or I~rection of Telecomffiunications 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.
APRIL 7, 1997
AGENDA ITEM A
Page 2
3. The CALNO Communication Tower Technical Committee has held meetings to
discuss technical considerations relating to the siting of communication towers.
4. The City Commission, at its regular meeting on February 24, 1997 postponed the
workshop for that night on the draft Telecommunications Tower Ordinance (645)
and rescheduled the workshop for March 10, 1997.
5. The City Commission, on January 27, 1997 approved the reading of emergency
Ordinance 646 extending the moratorium for 60 days, on location of
telecommunications towers in the City pending the review and completion of a
draft Tdecommunications Tower Ordinance 645.
6. On Febmary 17, 1997, the City Commission held its first workshop on this
ordinance, and scheduled a second workshop at its February 24, 1997 meeting.
7. The City Commission decided to delay the workshops of February 24 and
March 10, 1997 until March 17, 1997. The Commission held the workshop on
March 17th. At the March 24th Commission regular meeting, the Commission
decided that a workshop will be held on April 7, 1997, and at that same meeting an
emerge:ncy Ordinance #657 was adopted extending to April 30, 1997 the
moratorium on construction or erection of any Telecommunications Tower in the
City pending adoption of regulations.
RECOMMENDATION: N/A
ATTACHMENTS:
Draft Telecommunication Towers 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 matte:rs 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 fut,ure development wi thin 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) DefinitionsG
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 ~ @~yg or more carrier Antennas
located on it. ,',.,w.'w.ww
COlllMrICA'I'ION TOWER ohall me;J.n ;J. monopole, or ;J.n exioting
tm:er (guyed, l;J.ttice, etc.) gre;J.ter th;J.n fifty (50) feet in
height ;J.nd 'Nhich doeD not exceed one hundred eighty (180) feet
in height (including ;J.ntenn;J.) \Jhich oupportD communic;J.tion
(tr;J.nomi:J::don or receiving) equipment. The term Communic;J.tion
Toyer oh;J.ll not include ;J.m;J.teur r;J.dio oper;J.tor'D equipment, QD
licenoed by the Feder;J.I Communic;J.tiono Commio::Jion. (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 n<?l1~~.()~~<:i.
~tl:i:~ti~i:~:g~iiiwli'i:ii~i1!i~iEi~i:ig~:ii. ground ~nchoro ~EI1~)jln~
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 ~ i~FP
ground anchors.
~ 8h~11 mc~n non ionizing clcctrom~gnctic r~di~tion.
PANEL ,~TENNA 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. 'l'l?~ecommunications
Towers designed to look like light poles, mpn& power poles or
t r e e s . :.:.:.:.:.;<.:,;<,:,:.:.:"
.~i~\i_
'(1 ).......i:j'i"..iil'oi.i::'.....irib~ririi:i....irib:ridcd""'f.or.....t'r.uriiJ'm.ft.tIng or rece i v i ng
television, AMJFM radio, digital, microwave, cellular
telephones, or similar forms of electronic communication. wh'g
.~;!!~:E~;~::~:ste~::f~~~::~\l._~.M!
'a:hf=e:hh:as and satellite earth stations.
WHIP ,~TENNA shall mean a cylindrical Antenna that
transmits signals in 360 degrees.
(0) Findin,gs and Intent.
The City has with increasing frequency received requests
to approve sites for Telecommunications Tcwers. 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 thrccf.::~Y'~ or more carriers) to avoid
proliferation of "',.,'..€'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) '1'0 ensure that location of Telecommunications
'!'owers 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,
(0) App1ic:ability.
(1)
A.II new Telecommunications Towers ihq;!!::I~;:a$.gn.f.M)$ in
t,he City of winter Springs shall""":"b'fit"'''':s'\ib']'';e''8E: to
t:hese regulations and all other applicable
regulations. For purposes of measurement,
'l'elecommunications Tower setbacks as listed in
4
(3)
(4)
subsection (g) (1) and Deparation diDtanceD ao
~ioted in ouboection (g) (2) shall be calculated and
applied to facilities located in the City of winter
Springs, irrespective of other municipal and county
jurisdictional boundaries.
(2)
A,ll new communications Antennas (i.e. stealth
rooftop or building mounted antennas) which are not
attached to TeleQommunications Towers shall comply
with subsection (g) (12).
A,ll Telecommunications Towers existing on ,
-l-9-%- tiH~:g17: (the effective date of this ordinance)
shall':''''Bet'''':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 ~aintenance 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
~d thin ;~#: the following ~AiB~*::*:~:(:~m:g;;[;l~pI:it~p;~~2mllf#:::~;
eeoignatlono on the Futui'C'..'t5rid"'UcJ"c ..Pb'p....O'['..th'C'...Cl..t-y
€I f winter Spr ingo : I nduotr i~,!...i..,w.,.E.~P^!'!fww,!?~'!,!',9.:.,~~,9..?;
:,~~~~;i ion I(~i~~;a ti:~~ ~er fe~*Jii!itt::::;;:f~8:;j;D~~;~~~~g;f
iM:BgI~8E::::l:~:Bll::R;B!i~;j:::::1W~gi$:I1BffiBB:~:::::::~Bffigm:ll:m!Ml1::(!Rg:~*8:
* 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 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 sit(~ 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
reviewe~ ::.:::e::,(:::lf::';:~;::a:::B:;:y';,,:~:?:p.;enbt ::vi:w. l~?mmi ~tee. t an~
D.ppro~Je :Q.:r::;:::....i;.:1.1.:~.::::::~~ltP..~P.::Y(-A:.. Y e Ul. l.ng epar men
D.nd the C"J~fy:.:.:.:.:EhglhEEFw:''5'E.:V>>fhe time bui lding permi tD D.re
requeo~
(f) Application for special exception and building 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, unleoo the requirementD of Euboection
(e) :::~::sfX:(2) require a greater DetbD.cJc.
b. The setback requirement shall be ten (10)
feet.
(2) EepD.rD.tion of tOyerD from off Dite uoeD.
a. ReoidentiD.1 UDe (Dingle family/multi
fD.mily/mobile homeD) which io plD.tted or hD.D a
VD.lid oubdi~lioion plD.n 'i.hich iD not expired
6
t~o hundred ~nd fifty (50) feet from ~n
.im~~~Bi!iIJIi
f. V~c~nt, unpl~tted reoidenti~lly ~:.9.!:.,S,:,:,:,12E9.P.~E:!.:X
~~~...
Non reoidentially
reoidenti~l uoe
r,;B~?:8E;;:;fis;;tItng:::i;:
e. Cep~r~tion diotanceo m~y be reduced by the
Development nevie'i. Committee '-.rhen not~rized
written con:::;ent io obt~ined from thooe
~ffected property o'Jnero within the ~pplicable
oep~r~tion diot~nce.
€.
zoned l~ndo or non
none. :~~;::::;:$:g~miE:;:~Iffgl~;6;:~;H9:;!:::;i>>:!
(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 ,~
:1::$:$7; (the effective date of this ordinance).
Tne:.:.:.:'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 ) Ml~asurement 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.
'I'elecommunications Towers shall not be artificially
lighted except to assure human safety &P as
required by the Federal Aviation Administration.
(6) Finished color.
'I'elecommunications 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
~*g~:g:%n.9. capacity, number and type of antennas
T€'............'cah 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 ~ B* the tower.
8
d. All new Telecommunications Towers, and those
existing towers to be modified, shall h~y~.the
capability of having space for three ~$M~ or
more carriers. One of these spaces snaTr be
reserved excl us i ve I y .~.?.E,.......!:,p':.~........,.~~.~......".?"f...,..!:~~.........,~,!..!:X
Wi:a;~H~BIDe.t~~E~~~iwo.r::~iR.l.llllllr.ill'llll
M!:gEi!,:::::::BW:.:;:.:~fi$~I!:':::'~B~~E~:'fr::::::::::::::::;:;:::::::::::::;:;:::;::::::::::::::::::::::::::::::::::::::;::::::::::::::::,::::,:::::::::::::::;::::::;:::::::::::::::;:::,::::::::::::::::::::::
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.
(10) 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 $h~m$ be installed along
'........,...........................
the top of the fence Q'f'."wa11, but shall not be
included when calculating the height of the
fence or wall.
b. Access to the tower through the fence or wall
sha 11 be thro~,9.!:^,...~..w,9.,~!:.~..,...~?,.!.gv~...,~.h~.,!..!...w.~.~m..,!,9.5~.~,~.9;
~:~;9W~:~9.~)tm::e :;~~~~,;~~":gb:f:~;tM:g€g;'2~~:i~~~~IT~'~gl
Oy"',.."..lhC..'."'wper:::lon or entity in ch~rge of the
Telecommunic~tion:::l 'I'm;er or :::lite.
(11) Landscaping.
c.
d.
']~he 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
t:o 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;
CI.
~:~~:;~[lJliriftM;~.~
and a maximum of ten (10) feet apart shall be
planted around the outside perimeter of the
fence/wall;
b.
.;.;.:.....;.;.;.;.;.;.;.....;.....;.;.;...;.;.....;.;.:.:.:.;...:.:.:.:.;.:.:.....:.:.:.:o:.:.:.:.:~":.:...:.:..,..:-:.;.;y....;.;.>>:.;.;.;-:-;.....-.;.;.;.;.;.;.:-:.;.;.;.y.;.:
At' h d '..]j"...]"r..lj...."...'.].....:t;'."a..... ..........:e........:e
~~~J-_K_
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
CIs a substitute &f. 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 [10] acres in size) land uses indicated on the
Future Land Use Map of the City's Comprehensive
Plan provided that:
d.
e: .
f.
~: .
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.
no commerciC3:.~.....C3:~Y.~E.~.~,~.~.~5L,~?:~~.~....l?~. allowed on
an antenna gB::::::::~MmgBEM:ffing:::::l~!fuEg$*MP~;
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~!rl;:::'i~'I:!H:~nlti"I:~:~jl:!i':I"B~:!t ~~~~;~~
more than seven hundred fifty (750) square
feet of gross floor area or be more than
.'...FP....
if the equipment building in loc~ted on the
roof of the building, the ~re~ of the
equipment building nh~ll not occupy more th~n
t\Jenty five (2 5 ~) percent of the roof ~re~.
(13) Equipment storage
?J[obile 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
~iiiiBii~i[iiiiii~i~ to the tower are being made,
(14) Schedule of structural Integrity
']~elecommunication 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::~:::::l::::.::I;:~!I~!lill['I!lli€fl~I'::::::::::::::::gn<:i::::i:M%~MIm:l:::i~~~mB
(b) monopole towers - every five (5) years;
:::(:gf},; any other type tower - every two (2)
years.
(15) Transmission/Reception Interference.
Each application to allow construction or
modification of a Telecommunications Tower shall
i.nclude 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
t,ransmission or reception of radio, television,
etc., service enjoyed by adjacent residential and
non-residential properties.
(16) 'I'elecommunications Towers are prohibited when a
proposed or existing principal use includes the
storage, distribution, or sale of volatile,
e,xplosive, 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) ~~~~~~~~~~ommu~~~atio~~_~~~~~:as ~'~!lf:$' e;f~t~~~
'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
i:~i~:~:iip:im:l.i'ji::~~~~::l[@<iiiil1~i~luding antennas EM
(4) Onsite-location.
a. A Telecommunications Tower which is being
rebuilt to accommodate the Co-location of an
additional communications Antenna may be moved
~ns i te . w i ~h in t\;O 1; und!:,9..9.wu~..!,.:t.:..!:.~~uu.J..?".?..9.J"m!:.9.E~,w,..9...:t.:..
~~:~~i:~:;:i:ili!~:;~i:i:~i:~;::f;~li:il!ilii!!~lii~;8S;;;::nS:~:~nh
b. After a Telecommunication Tower is rebuilt to
accommodate CO-location, only one (1) tower
shall remain on the site;
e. ~he onoite reloc~tion of ~ Telecommunic~tiono
TO'iler \lhich comeo 9AQ;1.:J;;:;;::;:;n9E;::::::::;S9mS \li thin the
:::;ep~r~tion di:::;t~ncC'o"'''f6'''''f'C'5Id"criti~l uni to or
reoidenti~lly zoned lando aD e:::;tabli:::;hed in
ouboection (g) (2) oh~ll only be permitted when
not~rized \lri tten conoent io obt~ined from
thoDe affected reoidential property o~nero.
(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
lii~~~~.~~~
additional one hundred eighty (180) n$.rf~$.y ::lIQ1J5.:}:~
days within which to: (i) reactivate:';';':.'€hEi{':':.'.'Usfr".:.:c)"'t
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$.)ng:tM 1(1$.!p),;
days after dismantling or the expirat'l'ort:':''''Of :."':'€he
~:~@:~:~ ~~~d~~~ i~~da~i::{ f\1'h\\~q~\'::!i;~~~"~n; 3 ~~~
.s"!:>.e'cTal exception and/or variance for the tower
shall automatically expire.
(2) ~,l:1.~......~,~.~X.......c:>f Winter Springs, at thin point HiaW,n
~ltMa.:Qnmgfi:e, and at its discretion, may ass'\ime
'Ot/:l1'er:shI:p:':.:.:':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.
[f-l.~'"
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
ADDENDUM
After the J'anuary 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 submi tt:ed 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
t:hat 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
reque~it(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:
16
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
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.
17