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HomeMy WebLinkAbout1997 04 14 Regular Item D , \ COMMISSION AGENDA ITEM D REGULAR X CONSENT INFORMATIONAL April 14. 1997 Meeting MJW' IDE~ Authorization REQUEST: Community Development Department requests the Commission hold a public hearing to approve the second reading for adoption of Ordinance # 645 regulating the siting and construction of Telecommunication Towers within the City. PURPOSE: The purpose of this Board Item is to request the Commission approve the second reading for adoption 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 and drafting 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 .. APRIL 14, 1997 AGENDA ITEM D 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. 5. The City Commission on March 24, 1997 adopted emergency Ordinance 657 extending to April 30, 1997 the moratorium on the construction and/or erection of any Telecommunications Tower in the City. 6. The City Commission held a workshop on April 7, 1997 on the draft Ordinance 645 and requested staff to make changes as indicated at the workshop. FUNDING: This Ordinance does not require an expenditure. RECOMMENDATION: Staff recommends that the City Commission adopt Ordinance # 645. IMPLEMENTATION SCHEDULE: The City Commission would hold a second reading and public hearing for adoption of Ordinance # 645 on April 14, 1997 The Ordinance would take effect immediately upon adoption per Section IV of Ordinance # 645 in accordance with 166.041(4) F.S. ATTACHMENTS: 1. Draft 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. ANTENNA shall mean a transmitting an/or rece1v1ng 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 ~ #~Mg or more carrier Antennas I oca ted on it. .........................w. comroNIcATIOU TOWER ahall mean a monopole, or an exiDting to'i:er (guyed, lattice, etc.) greater than fifty (SO) feet in height and uhich do eo not exceed one hundred eighty (180) feet in height (including antenna) \lhich Dupporta communication (tranDmiaaion or recei~y'ing) equipment. The term Communication TO'iler Dhall not include amateur radio operator'D equipment, aD licenaed by the Federal CommunicationD Commioaion. (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 ifi:i:'iii:Riiiii~:li'!i:il~::ffii~ij]itli::i:mi:ii. ground anchoro m~.gffii~ 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 l?y.......~ permanent foundation, constructed without guy wires aRe wWwb. ground anchors. ;<.;.;.;.;.;.;.;.;.;.;.;.;., llIEB oh~ll mean non ioniBing electromagnetic r~diation. 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, iEap power poles or trees. ............... television, AM/FM radio, .. digital, microwave, cellu~.a.~ telephones, or similar forms of electronic communication. Wfii ~~EE~:~::~:s~~:::~~::~H 'ariEehii~is 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 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 :I:~Y@ or more carriers) to avoid proliferation of ........Eowers 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, (c) Applicability. (1) All new Telecommunications Towers aHa!IIanlennas in the city of winter Springs shall::::::::::be{::;::::::::s:u];:j::e=C't" to these regul~tions and all other applicable regulations. For purposes of measurement, Telecommunications Tower setbacks as listed in 4 (2) (3) (4) subsection (g) (1) and oeparation diotanoeo ao 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 Teleqommunications Towers shall comply with subsection (g).(12). . All Telecommunications Towers existing on , ~ IDaQ% (the effective date of this ordinance) shall':':':'he':':':':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 Te1ecommunications Tower that has recei ved City approval aD a opecial exoeption 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 \Ii thin :~A the following ~\t)$.iijg:::::{::3@.:g!l:~p::i::::~~&.i.~Uil;nA:OO:! deD ignatI'onD on the Fu tui'C'..'....Ciiiicf..'.UO'E'.'.ltap"'..".o'.f..'...lhC".'""c'It'y . u ~~ i ~ f~~er i~~~~i~~ t lonn~U.Dtr i!~::.!:,:::::.:':i::;~:~:t~f:.:.:::.:.:~:?~~::f::e,:,!,:~:2:e.:; ~i * 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 PIano 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 "....,!;>.y."."...,......~,~~"""",.,..P.,~y.~.!.?p.~~nt Review, Co. mmi ttee. and a roved tlr.::::::::ati.ir.:~tiliiii:a".."..:!':~~:m b. the Bu~ld~n De artment pp ':...:.:'.'..:.:.:.:.:':.......:.:...:...:...........:.:...:.:...:...:.:.:.:.:...:..pft...:.:.:.,..,:,:,:,:.:'....:......' :r g p and the cTtS~'."...'.E-rigTIicEF'.""'~i't'.,.'."'the time Building permita are requeated. (f) Application for special exception and building permit requests. Applications for '.special exceptionshall.be.submitted tOi. . ",- 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 requirementa of Subaection (e) I~:i~:::(2) require a greater aetbacJc. b. The setback requirement shall be ten (10) feet. (2) Separation of towera from off oite uaea. a. Reaidential uae (aingle family/multi family/mobile homea) \lhich ia platted or haa a valid aubdiviaion plan 'ihich ia not expired 6 t\lO hundred and fifty (SO) feet frolR an iiPi- b. Vacant, unplatted reoidentiully ~,9.,~,S....,..p.E..9.,P..,8E,!.'y' ~~i~ c. Non reDidentiully 30ned landa or non reo idential uoe none. :lil::i:::if,:gleM!:Iiiil[,,:M:ti:i:Ma:::::ti!!!:a ERi;S!:::::::fie:bflP;~::~:: d. Separation diotanceo lRay De reduced DY the Development Revie\wT Committee uhen notari3ed \l7ritten conDent io obtuined from thoDe affected property ounero uithin the applicable Deparation diotance. (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 , ~ magm (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 toasite 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 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. 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 ef 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 plan(s) 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 wpilw#.g capacity, number and type of antennas ..rt.'..............C'a"ri 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 Duper imposed ~ 1M 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 1%11 or more carriers. One of these spaces shirl be 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 sllww be installed along the top of the fence oi.;..'.wiill, 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.~,...~,....9.~,~,~....~~.!.~l:?:.,.,~~~;!'}""~~"",!?,9,~.~~ :i:;:gi~:~9~fm:~e ::~~~~':j::!.~":~jj:f:';FM:'~:~~'~iS~~~:ffJ'" by.......thc......peroon or entity in ch~rge of the Telecommunic~tiono Touer or oite. (11) 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; a. ~:~~:t,,~[lO~~ and a maximum of ten (10) feet apart shall be planted around the outside perimeter of the fence/wall; A continuous hedge shifJI1Jm:1B3.m:m:plaifM1HUliiiH!lrE8Ht ,!':::::::~'!:'\1~ld:If"j:::::"j~'m'~~1'1!"'~"~:1:::i":l:l:""'l"! 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; b. 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. c. d. 10 (12) Antennas on Buildings. d. 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. e. ~~ ~~~~~~iil::::i:::iliiii!:i'ill;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). aflY N$t1:i:i:i:JmQM~m:;:;;ilii.nt::tIinw.;;m;;:::r=::i:):::@::;::i:9IW~1 rela ted unmanhed","""'e,'q\iTpilfeht"..."f)hITd"Ihg,""'.'snaTr.'"'hO"t conta in more than seven hundred fifty (750) square f~et of gross floor area or be more than jffi:iiID:0m:m:i~~ii:i~::is~(.riCiE:~:*::EiiD:ii$~~0tix.atlli1:11:::.'11111111 1'H~~li~n~:J:!i~B~I!E:!!lnl:l~l::t:::::::a:n:d':::::::::~::::::::::::::::::::::::::,::::::::::::::::::::::::::::::::::::::::::::::,:::::::::::::::::::::::::::::::::::::::::::::::::::::: if the equipment building io located on the roof of the building, the area of the equipment building ohall not occupy more than tuenty five (25'k) percent of the roof area. (13) Equipment storage g. 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 11 tower unless repairs to the tower are being made, .~i:i:i::~m::i:::::ffi;:::::::IE8a~:*~: . (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:~:i:::lfi!II!I!lllilllll'@"'iI'j::j::::::;:::jgnm::::i:::::::i;Mm~::::::i:::::::j::iil~1 :::;:::::;:::::::;:::::;:;:;:::;:;:;:;:::::::;:::;:;:::;:;:;:;:;:;:;:;:;:::::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;::::,:::::::;:::::;:::::;:;:::;:;:;:;:;:;:::;:;:::: (b) monopole towers - every five (5) -years; :iI:giOO:[ 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 $fig~w., and are encouraged to, co-locate on-Ec),",';';';';':':':';''''; 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 ~!ii:ii.il:iiit':::::::~~~I::::::9ii:ii.li~IUding antennas 10M (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; c. The onoite reloc~tion of a Telecommunicationo Touer uhich comeo gng:l:~:::::;::ifi.Q&::::;:::::W9m:~ \Ii thin the oep~r~tion diot~ncC'D'''''bj'''''i'"C'Dld'critlal unito or reoidentially zoned lando ao eot~bliohed in ouboection (g) (2) ohall only be permitted uhen not~rized uritten conoent io obtained 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 ~jJliMliMi o"\;;iie"i;;'To'I)'Eb:~'a:fO'f"" of the tower shall have an additional one hundred eighty (180) nmi.:gpM ::t:[i::9i}1 days within which to: (i) reactivate""""€he'."'.'.'use'..'.'.,"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) ni:ngpM ir:ii;qi1i days. after dismantling or the ex iratI"Oh"''''''''Of .".'..'€he .i ~:~d~:~i~~da:i::l f~n~3~~~ 'sp'ii6'fal exception and/or variance for the tower shall automatically expire. (2) ~iRmLq\lt~ni~ ~~~te~t Sl~~ng;{sc~;tJ:~~ i~intas'~!! owiief'shIp...'...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. SECTION II -:- I.f 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 / .--:' --~4~' ~/ -:~~-"7'''''.:..;-r:-~.~. SPRINGS - -..,.. .... I ~. . '201Q .::~o ....' ~==-;, : ~'::<~ ~~~:tt). ~..:':.Y";:. Resi-:!el"ltiC' === l.loderOle =:..~: Density ?j~~ ::~~~~tiQ =-:7:=- Oer!'!;ty ?:t?:~ :~~~="tiO: ~.:~~:~:i~ ~::~~Jn~:t; }~5 g:~~~",;, 'Jti."ty Inst::.:c:;o~s ~.;.>~~~~ lnc.lS:':C: ~m ;~~" .~~:::;;;: . J~~~~~ Reef cetie:,:c' ~~~ Cc:-~e'vc :>~ ~Eil ::.~~?~~ Pt.:::lic ~Gi.~ 8....;16 ~. "~ . ._~, ;. ". / /iI~/ . .J I' '.1 :i \! I' " ~.,....T!,u'!_~t.!: -""CS:.t"'lor..'oOlo ~.r:::.::.'"I.O:.:-;:'. \\ . \\ \\ \' .\ '\,\, ~. . .\ ;, \! \l :i u if /; I, /;' .;/ ! '-m=". II \ EM."",fIlEERfNG & LAJ() $J$TF.J 'S.~ . ' o .'. 't.!:'~'.,' ~'.:.....'....... ... .~,. .~!.' ~r-:-.' <. ....: :..~ "... ..\~ &':~l.: , , :1 _____- ._0'