HomeMy WebLinkAbout1997 06 23 Regular Item E
C()MMISSION AGENDA
ITEM
E
REGULAR X
CONSENT
INFORMATIONAL
June 23. 1997
Meeting
MGRI( 6l (/I /DEP~
Authorization
REQUEST: Community Development Department requests the Commission to approve the
second reading and 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
and 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.
CONSIDERA TIONS:
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 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
JUNE 23, 1997
AGENDAITEM E
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. On April 28th, the moratorium was
extended through June 23, 1997.
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.
7. The City Commission held a workshop on May 5, 1997 on the draft Ordinance
645 and revit::wed the changes and set a first reading of the ordinance for June 9th.
8. The City Commission approved the first reading of Ordinance 645 on June 9th,
and directed staff to incorporate the Commission's request that the separation of
Telecommunication Towers from residential structures be 125% of the height of
the tower to a maximum of two-hundred and twenty-five (225) feet. The
Commission also directed staff to discuss with Elizabeth Gregg about her concerns
about the tower location near the Ranchlands area. The staff has incorporated
such language in Section I (f)(2) page 6 of Ordinance 645. Staff has discussed the
tower location near the Ranchlands with Bill Fernandez and has incorporated his
request that the location be southeastward to the southeast quadrant of Site 16 of
the City Wastewater Treatment Plan! West Effiuent Disposal Site. Staff will also
continue to try and contact Elezabeth Gregg.
FUNDING:
This Ordinance does not require an expenditure.
RECOMMENDA TION:
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 ]rune 23, 1997 The Ordinance would take effect immediately upon
adoption per Section IV of Ordinance # 645 in accordance with 166.041(4) F.S.
JUNE 23, 1997
AGENDAITEM E
Page 3
ATTACHMENTS:
Draft 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 Telecommuni.cation 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 telE~communications 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 five or more carrier Antennas
located on it.
DEVELOPMENT REVIEW COMMITTEE shall mean the City staff
composed of the City Manager, Land Development Coordinator,
City Engineer, Public Works/Utilities Director, Community
Development Coordinator, Building Official, Police Chief, Fire
Chief.
GUYED TOWER shall mean a Telecommunications Tower that is
supported, in whole or in part, by guy wires and ground
anchors.
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LATTICE TOWER shall mean a Telecommunications Tower that
is constructed with a series of struts forming a non-solid
surface tower, without guy wires standing on and fastened to
an in-ground pier.
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 with
ground anchors.
PANEL ANTENNA shall mean an array of Antennas designed to
concentrate a radio signal in a particular area.
STEALTH FACILITY shall mean any Telecommunications
facili ty 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, mono-power poles or
trees.
TELECOMMUNICATIONS TOWER shall mean a monopole tower
constructed as a free-standing structure greater than 35 feet
and no more than 180 feet in height including antenna, which
supports communication (transmission or receiving equipment.
The term includes towers for the transmission or receiving
television, AM/FM radio, digital, microwave, cellular
telephones, or similar forms of electronic communication. The
term excludes radar towers, radio support structures licensed
by the FCC, transportable communication devices, 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:
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(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 ~relecommunications Towers (capability of having
space for five 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
Winb=r 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,
(6) To fix a fair and reasonable compensation, by
resolution of the city commission, to be paid to
the City for the privilege to locate a
Telecommunications Tower in the City and defray the
administrative costs of reviewing the applications.
Also, a fee shall apply separately to each antenna
user on the Tower or other support structure. Fee
rates shall be renegotiable when contract expires.
(c) Applicability.
(1) All new Telecommunications Towers and antennas in
the City of winter Springs shall be subject to
thesE~ regulations and all other applicable
regulations. For purposes of measurement,
Telecommunications Tower setbacks as listed in
subsection (g) (1) shall be calculated and applied
to facilities located in the City of winter
Springs, irrespective of other municipal and county
jurisdictional boundaries.
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(2) 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) .
(3) All Telecommunications Towers existing on ,
1997 (the effective date of this ordinance) shall
be 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.
(4) For purposes of implementing this section, a
Telecommunications Tower that has received City
approval 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 permitted use
at the following sites (see map attachment Figure 1
dated June 23, 1997) subject to other regulations
which may apply.:
* City of Winter Springs Wastewater Treatment
Plant #l\West Plant.
* Proximate area of the Seminole County School
Board Consolidated Services Faciiity (aka Bus
Barn) .
* City of winter Springs West Effluent Disposal
sites: at the southeast quadrant of site 16.
* City of Winter Springs City Hall.
* City of Winter Springs Fire Station # 3 to be
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 shall be the permitted type of
Telecommunications Tower within the City of winter
Springs. Stealth-designed monopoles are encouraged
by the City.
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(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.
(f) 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.
b. The setback requirement shall be ten (10)
feet.
(2) Separation of towers from off-site uses.
Separation distances between Telecommunications
Towers and residential structures shall be 125% of
the height of the tower to a maximum of two hundred
and twenty-five (225) feet.
(3) Separation distances between Telecommunications
Towers.
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
June 23, 1997. The 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.
(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.
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(5) Illumination.
Telecommunications Towers shall not be artificially
lighted except to assure human safety er 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
capacity, number and type of antennas it can
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 imposed by the tower.
d. All new Telecommunications Towers, and those
existing towers to be modified, shall have the
capability of having space for five or more
carriers. One of these spaces shall be
reserved exclusively for the use of the City
of winter Springs. Tower owners shall
accommodate other antenna users on their
towers.
7
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.
Notice of any request, under this ordinance, shall
be published (in a newspaper of general
circulation) and personal notification shall be
given to all property owners located within three
times the height of the tower area. Personal
notification shall mean notice sent by first class
U.S. mail, and to the Board of Directors of duly
recognized homeonwers associations.
(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 vinyl coated chain-link fence or masonry
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, shall be
installed along the top of the fence or wall,
but shall not be included when calculating the
height of the fence or wall.
8
b. Access to the tower through the fence or wall
shall be through a gate which shall be locked
at all times the tower site is not being
occupied by the person or entity in charge of
the Telecommunications Tower or site.
(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. A row of shade trees of minimum of eight (8)
feet tall that will reach heights of 40+ feet,
two and one-half (2 1/2) inches in caliper,
and a maximum of ten (10) feet apart shall be
planted around the outside perimeter of the
fence/wall;
b. A continuous hedge shall be planted in front
of the tree line referenced above; it shall be
at least thirty (30) inches high at planting
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;
c. All landscaping shall be of the evergreen
variety being a minimum quality of Florida #1.
d. 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 supplement towards meeting
landscaping requirements.
(12) Antennas on Buildings.
stealth rooftop or building mounted antennas shall
only be permitted after buildout to five co-
locat:ions on each of the five (5) tower sites
indicated in (d) (1) above. After buildout occurs,
then stealth rooftop or building mounted antennas
may be erected. Any stealth rooftop or building
9
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.
d. no commercial advertising shall be allowed on
an antenna or supporting structure;
e. 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).
f. No more than one (1) total unmanned equipment
building shall contain more than seven hundred
fifty (750) square feet of gross floor area or
be more than twelve (12) feet in height. All
building shall be subject to regulations of
the Building Department.; and
(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
tower unless repairs to the tower are being made,
and are in progress.
(14) Schedule of Structural Integrity
Telecommunication Tower
submit to the Building
statement from a
professional engineer,
owners/operators shall
Department a certified
qualified, registered,
licensed in the State of
10
Florida, attesting to the structural and electrical
integrity of the tower on the following schedule:
(a) All towers examined one year after
initial construction.
(b) All towers every five (5) years;
(d) The city may require such certified
statement after a nearby unusually severe
storm event as determined by the (NOAA)
national weather service.
(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.
(9) Co-locati,on of Communications Antennas.
The City of Winter Springs desires to minimize the number
and general proliferation of communication towers. This
section i.s intended to insure that Telecommunication
Towers that are permitted within the City of winter
Springs are utilized in a manner that provides for the
maximum number of service providers upon each tower
within the context of technical feasibility and safety.
Further, this section is intended to minimize the number
of such towers within the City. Specifically, as a
minimum, ~['elecommunications Towers exceeding one hundred
(100) feet in height shall be engineered and constructed
to accommodate five (5) communication providers. The
City shall have the authority to require, specify and
otherwise stipulate that Telecommunication Towers be
engineered and constructed in a manner that provides for
five (5) co-locations as part of the conditional use
and/or site plan approval' processes. As a condition of
approval of all Telecommunication Towers and to the
11
extent that co-location is technically feasible, all
owners of existing Telecommunication Towers shall, upon
request of another service provider and for reasonable
and agreed upon consideration, permit additional
communica.tion service providers upon such existing
Telecommunication Tower. Applicants desiring to
construct. new Telecommunication Towers shall submit
written documentation that clearly explains the need for
and reasons for the proposed construction of a new
Telecommunication Tower rather than locating proposed
antenna array/communication equipment upon an existing
tower. Such documentation shall include plans of
existing and future towers by the applicant/provider in
question, correspondence with existing Telecommunication
Tower owners and may include a cost analysis of
alternatives. Existing service providers, e. g., existing
Telecommunication Tower owners, that are unwilling, upon
request of another service provider, to allow co-location
upon such existing tower, shall submit written
documentation to the city with reasons and justification
as to why such co-location cannot be accomplished.
Competition between service providers shall not be
considered to be a valid reason for preventing or
otherwise obstructing co-location., The city shall
determine whether the applicant and/or existing provider
are reasonable and correct in their respective
assertions. if the city determines that either party is
being unreasonable or otherwise uncooperative, the City
shall deny the applicant's request for a new tower and/or
the City may cause the existing Telecommunication Tower's
approval to be revoked and said existing tower to be
removed. Such determination involving existing tower
owners shall be made in writing and adopted by a majority
vote of the City commission upon holding an advertised
public hearing and notification of the owner at least
fifteen (15) days prior to such hearing. Upon adoption
of such determination by the city Commission, the
existing tower owner and the property upon which such
tower is located shall be considered to be a violation of
the City's Land Development Regulations and shall be
subject to any and all remedies and penalties thereof.
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 shall co-locate
onto existing Telecommunications Towers.
(2) Type of Construction. A Telecommunications Tower
which is reconstructed to accommodate the Co-
location of an additional communications Antenna
12
shall be of a monopole tower type.
designed monopoles are encouraged.
Stealth-
(3) Height. An existing Telecommunications Tower may
be modified or rebuilt to the allowed height of one
hundred eighty (180) feet, including antennas by
compliance with this ordinance;
(4) Onsite-Iocation.
a. A Telecommunications Tower which is being
rebuilt to accommodate the Co-location of an
additional communications Antenna may be moved
onsite.
b. After a Telecommunication Tower is rebuilt to
accommodate Co-location, only one (1) tower
shall remain on the site;
(h) 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 (NTER).
(i) Abandonment.
(1) In t:he 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
reqUi8st 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
information within ten (10) working days of a
request being made, and failure to so provide shall
be deemed to constitute 180 days of non-use of the
Tower. Upon such abandonment, the owner/operator
of the tower shall have an additional ninety (90)
days wi thin which to: (i ) reactivate the use of
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, ninety (90) days after dismantling or the
expiration of the two-hundred seventy (270) day
13
period as set forth in this Section,
exception and/or variance for the
automatically expire.
the special
tower shall
(2) The city of winter Springs, upon abandonment, and
at .its discretion, may assume ownership 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.
(3) An appropriate Surety Instrument to assure
dismantling costs shall be provided by the owner
prior to a tower construction permit.
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.
PAUL P. PARTYKA, MAYOR
CITY OF WINTER SPRINGS
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ATTEST:
MARGO HOPKINS, CITY CLERK
FIRST READING
POSTED
SECOND READING .AND PUBLIC HEARING
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