HomeMy WebLinkAbout2006 08 28 Regular 308 Ordinance 2006-12 Cell Tower
Date: August 28, 2006
The following Regular Agenda Items were not
discussed during the August 28, 2006 City
Commission Regular Meeting, due to the City
Commission Meeting not being extended.
COMMISSION AGENDA
ITEM 308
Regular x
August 28, 2006
Meeting
Mgr. / Dept.
REQUEST:
The City Attorney and City Manager request that the City Commission provide preliminary comments
regarding proposed Ordinance 2006-12 and determine whether or not the Ordinance is ready to be
presented to the Planning and Zoning Board for review and recommendation.
PURPOSE:
The purpose of this ordinance is to modify the City's telecommunication tower ordinance. The
modifications primarily effect: (1) the standards and criteria under which any future
telecommunication towers and personal wireless service facilities will be located within the City; and
(2) the application requirements for proposed new telecommunication towers and personal wireless
service facilities.
APPLICABLE LAW AND PUBLIC POLICY:
1. Florida Municipal Home Rule Powers Act.
2. The Federal Telecommunications Act.
3. Section 365.172, Florida Statutes ("Wireless Emergency Communications Act").
Page 1 of 5
4. The Winter Springs Comprehensive Plan and other Applicable City Codes including, but not
limited to, Chapter 9, Winter Springs Code (Site Plan requirements, and Aesthetic Review)
CONSIDERA nONS:
1. This year, the City Commission previously held several meetings regarding the status of the
City's current telecommunication ordinance. During those meetings, several representatives
of the wireless telecommunication industry claimed that there are some service coverage issues
within the City. They also claimed that an additional tower, not currently provided for in the
City's current telecommunication tower ordinance, may be needed to provide adequate and
better service to the citizens of Winter Springs.
2. The City engaged the engineering services of Arthur K. Peters to examine the claim made by
the industry. Mr. Peters issued a report, dated March 24, 2006. A copy of the Executive
Summary of the Report is attached.
3. Given the Report, the City Commission directed that City staff conduct further research into
alternative legislative schemes to address the coverage issues. As a result, City staff examined
ordinances from other communities that were recently adopted in order to evaluate alternative
tower location requirements that may be suitable for Winter Springs.
4. Using those ordinances as a guide, the City Attorney worked with the City Manager and City
Staff to draft proposed Ordinan~e 2006-12 for the City Commission's consideration.
5. Primarily, the proposed ordinance is very limited in scope. It only addresses two issues: (1)
location requirements for proposed towers and personal wireless service facilities; and (2)
application requirements for proposed towers and personal wireless service facilities.
6. Relative to location requirements, the Ordinance proposes that:
(A) All telecommunication towers and personal wireless service facilities shall comply with the
following development standards:
(i) They shall be located as far as technically feasible from properties that are designated
residential on the City's Future Land Use or Zoning Maps and shall comply with all other
applicable distance standards which are set forth in the city code;
(ii) To the extent technically feasible, the lowest height technology shall be incorporated
including, but not limited to, micro cell technology;
(iii) Towers shall be erected to a height that is the minimum height necessary to
Page 2 of 5
technically serve the applicant's needs, but not exceeding the lesser of one hundred sixty- .
five (165) or a height calculated based on a tower setback of one hundred twenty-five
(125) percent of the tower height measured atgrade from the base of the tower to the
closest residentially zoned property line;
(iv) The most effective stealth technology (including stealth towers) shall be incorporated;
(v) The location shall be the least visually intrusive location in the community;
(vi) The proposed tower shall be located in an area where the adverse impact on the
community is minimized to the greatest extent practicable;
(vii) Antennas shall be close-mounted or concealed; and
(viii) The visual impact of all towers shall be reduced or eliminated to the maximum
extent possible by concealment, camouflage, and disguise.
(B) In addition to the standards mentioned above, the location of any future tower site
shall be based on a tier zoning scheme as follows:
(i) Tier One locations shall be considered permitted uses. They include: (1) City of Winter
Springs Wastewater Treatment Plant # 1/W est Plant; (2) Proximate area of the Seminole County
School Board Consolidated Services Facility (aJk/a Bus Barn); (3) City of Winter Springs West
Effluent Disposal Sites: at the southeast quadrant of Site 16 east of the southern percolation
ponds; and (4) City of Winter Springs City Hall.
(ii) Tier Two locations shall be considered conditional uses subject to City Commission
approval. They include:
(1) On an existing commercial or industrial building, not located or incorporated within a single
family residential area, provided the tower does not extend more than ten (10) feet above the
roof line of the building and the tower does not exceed the applicable maximum height
limitation in the City Code; or
(2) Within (enclosed) a church steeple, flag pole or other similar type structures; or
(3) Upon sports lighting structures, utility structures, and water tanks, provided the structure
is not located within a single family residential area, the tower does not extend more than ten
(10) feet above the top of the existing structure, and the tower does not exceed the applicable
maximum height limitation in the City Code; or
(4) On the site of the proposed Fire Station #3 which is to be located on the south side by S.R.
434 in Tuscawilla Tract 15, Parcel 3 (approximately 2,300 feet west of Vista willa Drive). Said
tower, ifapproved, shall not exceed one hundred twenty (120) feet.
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(iii) Tier Three locations shall also be conditional uses subject to City Commission approval.
However, Tier Three locations will not be permitted unless the applicant demonstrates that no
other sites listed in Tier One and Tier Three are technically feasible or available to service an
area in questions. Tier Three locations are listed in order of preference and include:
a. Property which has a future land use designation of Industrial.
b. Property which has a future land use designation of Mixed Use and is part of a Development
of Regional Impact.
c. Densely wooded or concealed areas including a golf course and areas of property which have
been designated conservation by perpetual easement and on the city's future land use map. If
a new telecommunication tower is placed within trees or wooded areas, the tower shall not
extend higher than ten (10) feet above the average height of the trees within a one hundred fifty
(150) feet radius of the tower. Further, the tower shall be concealed by the surrounding trees
or wooded areas so that the tower, from its base to the top of the tree canopy, is not visible
from any road, occupied building, and fairway iflocated on a golf course. Trees can be existing
on the subject property or installed to meet the requirements of this subsection, or they can be
a combination of both.
e. Property which has a future land use designation of Greeneway Interchange.
Note: Since Tier Three locations are listed in order of preference, the applicant must
demonstrate that the higher preference location is not technically feasible or suitable before requesting
a lower preference location.
All other locations not listed in Tiers One through Three shall be prohibited.
7. In addition, the application requirements were enhanced to specify which information is
required in order to permit the City to make informed decisions under the telecommunication
tower ordinance. The application requirements are enumerated in the attached draft ordinance.
STAFF RECOMMENDATION:
The City Attorney and City Manager recommend that the City Commission provide comments
regarding proposed Ordinance 2006-12 and determine whether or not the ordinance is ready to be
presented to the Planning & Zoning Board for review and recommendation.
ATTACHMENT:
1. Ordinance No. 2006-12.
2. Executive Summary from Arthur Peters Report, dated March 24, 2006.
Page 4 of 5
COMMISSION ACTION:
The City Commission has previously directed that the City Attorney and City staff propose revisions
to the City's telecommunications ordinance regarding future locations of telecommunication towers
and personal wireless service facilities.
Page 5 of 5
ORDINANCE NO. 2006-12
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
SECTION 20-451 OF THE CITY CODE REGARDING
TELECOMMUNICATION TOWERS AND ANTENNAS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VITI, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law;
and
WHEREAS, the City Commission has held several public workshops and hearings regarding
the current telecommunication tower ordinance and has determined that said ordinance should be
updated to potentially allow additional locations for telecommunication towers and/or other
appropriate personal wireless service facilities in order to enhance the quality of personal wireless
services that are being provided to the citizens and businesses of Winter Springs; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1.
reference.
Recitals. The foregoing recitals are hereby incorporated herein by this
Section 2. Code Amendment. The City of Winter Springs Code, Section 20-451,
Telecommunication towers, is hereby amended as follows: (underlined type indicates additions and
strikeont type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance oftext
existing in Section 20-451. It is intended that the text in Section 20-451 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance).
City of Winter Springs
Ordinance No. 2006-12
Page 1 of 17
See. 20-451. Telecommunications towers.
1. (a) Definitions.
Antenna shall mean a transmitting and/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 three
(3) 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.
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.
Personal wireless services shall mean any personal wireless service defined in the Federal
Telecommunications Act which includes Federal Communication Commission (fCC)
licensed commercial wireless telecommunications services including cellular. personal
communication services (PCS). specialized mobile radio (SMRt enhanced specialized
mobile radio (ESMRt paging as well as unlicensed wireless services. and common
carrier wireless exchange access services.
Personal wireless service facility shall mean a facility for the provision of personal
wireless services. as defined by Section 704 of the Telecommunications Act of 1996.
Stealth facility shall mean any telecommunications facility which is designed to blend into
the surrounding environment. Examples of stealth facilities include architecturally
City of Winter Springs
Ordinance No. 2006-12
Page 2 of 17
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 thirty-five (35) feet and no more than one hundred sixty-five (165)
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 three hundred
sixty degrees (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
section to address the recurrent issues pertaining to the approval of telecommunications
towers upon parcels located in the city. Accordingly, the city commission finds that the
promulgation of this section 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 (3) or more carriers) to avoid proliferation oftowers
throughout the city. One (1) co-located position shall be reserved exclusively for the use
of the city;
(5) To ensure that location of telecommunications towers is consistent with the
City of Winter Springs
Ordinance No. 2006-12
Page 3 of 17
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~:-
(7) To discourage new telecommunication towers and to encourage the use of existing
structures including. but not limited to. rooftops. sports lighting. utility poles. and church
steeples for deploYing personal wireless service facilities: and
(8) To encourage the use of the lowest height technology to provide personal wireless
services including. but not limited to. micro cell technology
(c) Applicability.
(1) All new telecommunications towers and antennas in the city shall be subject to these
regulations and all other applicable regulations. For purposes of measurement,
telecommunications tower setbacks as listed in subsection (f)(l) shall be calculated and
applied to facilities located in the city, irrespective of other municipal and county
jurisdictional boundaries.
(2) All new communications antennas (Le., stealth rooftop or building mounted antennas)
which are not attached to telecommunications towers shall comply with subsection
(f)(II).
(3) All telecommunication towers existing on July 14, 1997 shall be allowed to continue
their usage as they presently exist. Routine maintenance 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 conditional uses.
(1) All telecommunication towers and personal wireless service facilities shall comply
with the following development standards:
(i) They shall be located as far as technically feasible from properties that are designated
residential on the City's Future Land Use or Zoning Maps and shall comply with all other
City of Winter Springs
Ordinance No. 2006-12
Page 4 of 17
applicable distance standards which are set forth in the city code:
(ii) To the extent technically feasible. the lowest height technology shall be incorporated
including. but not limited to. micro cell technology:
(ill) Towers shall be erected to a height that is the minimum height necessary to
technicallv serve the applicant's needs. but not exceeding the lesser of one hundred sixty-
five (165) or a height calculated based on a tower setback of one hundred twenty-five
(125) percent of the tower height measured at grade from the base of the tower to the
closest residentially zoned property line:
(iv) The most effective stealth technology (including stealth towers) shall be
incorporated:
(v) The location shall be the least visually intrusive location in the community:
(vi) The proposed tower shall be located in an area where the adverse impact on the
community is minimized to the greatest extent practicable:
(vii) Antennas shall be close-mounted or concealed: and
(viii) The visual impact of all towers shall be reduced or eliminated to the maximum
extent {lossible by concealment. camouflage. and disguise.
(2) In addition to the standards set forth in subsection (1) above. the location of all
proposed telecommunication tower sites shall be determined based upon a tiered zoning
system. Specifically. a telecommunication tower shall be allowed as either a permitted
use or a conditional use depending upon the location of the applicable site:
(i) Tier One. Telecommunication towers shall be a permitted use Teleconnnunications
towers shaH be a penmtted use at the following sites (see map attachment Figure 1 dated
July 14, 1997) subject to other regulations which may apply:
a. City of Winter Springs Wastewater Treatment Plant #1/West Plant.
b. Proximate area of the Seminole County School Board Consolidated Services Facility
(aJk/a Bus Barn).
c. City of Winter Springs West Effiuent Disposal Sites: at the southeast quadrant of Site
16 east of the southern percolation ponds.
d. City of Winter Springs City Hall.
(2) A monopole shaH be the pcmlitted type oftclecommtmications tOvver within the City
of".vintcr Springs. Stealth-desisned monopoles Me encouraged by the city.
City of Winter Springs
Ordinance No. 2006-12
Page 5 of 17
(3i!) Tier Two. A telecommunication tower shall be considered a conditional use in all
zoning districts. provided the proposed tower complies with the standards of this section.
complies with the conditional use criteria set forth in 20-33 of the City Code. and the
tower is proposed to be located:
a. On property owned by the City of Winter Springs that is designated public/semi-
public on the City's future land use map: or
b. On an existing commercial or industrial building. not located or incorporated within
a single family residential area. provided the tower does not extend more than ten (10)
feet above the roof line of the building and the tower does not exceed the applicable
maximum height limitation in the City Code: or
c. Within (enclosed) a church steeple. flag pole or other similar type structures; or
d. Upon sports lighting structures. utility structures. and water tanks. provided the
structure is not located within a single family residential area. the tower does not extend
more than ten (10) feet above the top of the existing structure. and the tower does not
exceed the applicable maximum height limitation in the City Code: or
e. On the site of the proposed Fire Station #3 which is to be located on the south side
by S.R. 434 in Tuscawilla Tract 15. Parcel 3 (approximately 2.300 feet west of
Vistawilla Drive). Said tower. if approved. shall not exceed one hundred twenty (120)
feet.
(lin Tier Three. If an applicant presents to the city competent substantial evidence
which demonstrates that Tier One and Tier Two locations are not available or technically
feasible for the location of a tower. a telecommunication tower shall be considered a
conditional use on the following preferred sites. which are listed in order of preference.
The preferred sites shall be considered in the sequence listed below and the applicant
shall be required to demonstrate. based on technical feasibility. that a more preferred site
is not available or suitable before requesting a lessor preferred site:
a. Property which has a future land use designation of Industrial.
b. Property which has a future land use designation of Mixed Use and is part of a
Development of Regional Impact.
City of Winter Springs
Ordinance No. 2006-12
Page 6 of 17
c. Densely wooded or concealed areas including a golf course and areas of property
which have been designated conservation by perpetual easement and on the city's future
land use map. If a new telecommunication tower is placed within trees or wooded areas.
the tower shall not extend higher than ten (10) feet above the average height of the trees
within a one hundred fifty (150) feet radius of the tower. Further. the tower shall be
concealed by the surrounding trees or wooded areas so that the tower. from its base to
the top of the tree canopy. is not visible from any road. occupied building. and fairway
iflocated on a golf course. Trees can be existing on the subiect property or installed to
meet the requirements of this subsection. or they can be a combination of both.
e. Property which has a future land use designation of Greeneway Interchange.
All other locations shall be prohibited.
Additional telecommunication tower sites shaH only be pemntted as a conditional use
PUI StIW to this section. A pIopel1y declared eligible for consideration as an additional
telecommunication tower site is City of Wlinter Springs Fire Station #3 to be located on
the south side by S.R. 434 in Tuscawi:lla Tract 15, Pmcel 3 (approximately 2,300 feet
west of VistawiHa Orne). The telecomrnunications tower located on this site shall
Iequire a conditional use from the Winter Springs City Connmssion in accordance with.
tms section and applicable City Code prollisions. The towel on this site shall not exceed
a height of one hundred twenty feet (120) and shall only be allailable as a tower site
foHow~ approval by city connnission as part of the grant of the conditional use.
Following approval and construction of tile four (4) towers described in this subsection,
additional tOWelS may be applied for and justified in accordance with the appllcable
standards for a conditional use in the City Code, as well as these standards.
a. The tower at proposed Fire Station #3 and any mbsequent additional
telecomnlumcation tower is Iequired ror public safety communication needs, or
b. TeclmieM data is presented by an applicant indicating that the proposed tower is the
only technica:Hy &asible all Mable site to aSStlIe telecomnmnications senices cOverage
needs to area citizens, and
e. Such technical data specified in subsection b., above, is not for speculative, untried
telecommunications uses but is fur current technogoly recognized or approved for
seI vice area needs and market conditions under applicable state, federal or local laws,
regulations or ordinances,
d. All Such technical data shall be provided at eost to the applicant. The city mal, in
approximate cases in its sole discretion, retain the seI vice of technical contpetent
consultants to evaluate the data submitted by an applicant to justify an additional towel
City of Winter Springs
Ordinance No. 2006-12
Page 7 of 17
pursuant to this ordinance. The applicant shaH post a deposit with the city managel or
his designee in a sum such that the applicant for the additional. telecommunication tower
pays the fuR rost of technical review of such towel by city's ronsultant,and
e. Initial review of any additional telecommunication tower sites shall be by the city's
development review committee. The conditional use shall also be considered by the
planning and zoning board which shall make a recommendation to the city commission
concerning said conditional use, and
f Additional tower sites shall be.
(i) Located as fM' as possible from I'Csidcnt-iMly zoncd property (and at least the minimum
set forth in this ordinance), and
(ii) Erected to a height that is the minimum height necessary to techinally, serve the
applicant's needs, but not exceeding the lesser of one hundred sixty-me (165) or a heWrt
calculated based on a towel setback. of one hundred twenty-me (125) percent of the
tower height measured at grade from the base of the tower to the closest residentiaRy
zoned property line, and
(Hi) The use of stealth tower is encouraged in accordance with this section.
(e) Site plan: Application: Technical Supporting Data.
ill Any telecommunications company or entity that intends to install a
telecommunications tower in the city shall file a site plan for review and approval by the
city in accordance with the city code. All proposed towers requiring conditional use
approval shall be reviewed by the board of adiustment for compliance with this section
and other applicable provisions of the city code. Upon review. the board of adiustment
shall make a recommendation to the city commission of either approval. approval with
conditions. or denial.
(2) All applications shall contain the information required by the City to process
applicable building permits. aesthetic review pursuant to section 9-600 et seq. of the city
code. site plan permits. and any other required development permits. Applications shall
be processed within the time frames required by law. Additionally. at a minimum. the
followin~ information shall also be provided by the applicant:
a. Name. address. telephone number. and original signatures of the applicant and all co-
applicants.
b. Detailed description of the request.
City of Winter Springs
Ordinance No. 2006-12
Page 8 of 17
c. Location information including legal description of subject property. parcel
identification. geographic coordinates. and name of nearest roads. street addresses. or
other landmarks.
d. Scaled elevation and engineering drawings depicting the proposed tower and personal
wireless service facilities including all mounts. antennas. collocation spaces. and
equipment facilities.
e. A current propertv appraiser aerial delineating the subject property. the proposed
tower and personal wireless service facilities within 1.000 feet of the proposed tower and
facilities.
f For proposed towers within trees and wooded areas. a tree survey identifying the
type. size (pBH). and height of existing and/or proposed trees within a ISO-foot radius
of the proposed tower and personal wireless service facilities.
g. Future land use and zoning designation of the subject property.
h. Any applicable letters of approval for the proposed request received by the applicant
from any other government agency including the FAA FDOT. and FCC.
i. Documentation oflocation and site selection process. including search ring. location
and siting criteria, alternative sites in the area, and site selection methodology.
j. Technical data. maps and analysis showing the area to be served by the proposed
tower and personal wireless service facilities and any claimed gaps in coverage where the
applicant desires to erect a tower. In addition. technical data and maps demonstrating
anv other proposed. existing. and authorized towers and personal wireless service
facilities in the service area as the proposed tower and personal wireless service facilities.
(3) For purposes of demonstrating technical feasibility under this section 20-451. the
applicant shall be required to submit. in conjunction with a site plan application. technical
data indicating that the proposed tower is the only technically feasible available site to
assure telecommunications services coverage needs to area citizens. Further. such
technical data not for speculative. untried telecommunications uses. but is for current
technology recognized or approved for service area needs and market conditions under
applicable state. federal or local laws. regulations or ordinances. All such technical data
shall be provided at cost to the applicant. The city may. in approximate cases in its sole
discretion. retain the service of technically competent consultants to evaluate the data
submitted by an applicant to justify an additional tower pursuant to this section. The
applicant shall post a deposit with the city manager or his designee in a sum such that the
applicant for the additional telecommunication tower pays the full cost of technical
review of such tower by city's consultant.
City of Winter Springs
Ordinance No. 2006-12
Page 9 of 17
e. Initial Ie~iew of any additional telecomnmnication tower sites shall be by the city's
development review committee. The conditional use shall also be considered by the
planning and zoning board which shall make a recommendation to the city commission
concerning said conditional use, and
(as defined in Chapter 20 "Zoning", if applicable
[THIS PAGE INTENTIONALLY LEFT BLANK] and/or Chaptcr 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 requirements shall be a minimum often (10) feet from any lot line and
shall comply with setback requirements in this section or the City Code for setbacks from
adjoining uses.
(2) Separation of towers from off-site uses used to calculate maximum tower height.
Separation distances between telecommunications towers and the lot line of any
residential zoned property shall be used to determine the maximum height of a proposed
tower. The maximum height of any tower shall not exceed. one hundred sixty-five (165)
feet provided however that the distance from the tower base to the nearest lot line of
residentially zoned property shall be a minimum of one hundred twenty-five (125)
percent of the tower height.
(3) Measurement of height.
a. Measurement oftelecommunications 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 sixty five (165) feet in
height which shall include the antenna.
(4) lllumination. Telecommunications towers shall not be artificially lighted except to
assure human safety as required by the Federal Aviation Administration.
(5) Finished color. Telecommunications towers not requiringF AA painting/marking shall
be of such color that will blend with the surrounding environment.
City of Winter Springs
Ordinance No. 2006-12
Page 10 of 17
(6) 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 three (3) 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.
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/TIA222-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
LoadProvisions, " both which may be amended from time to time, in effect at the time of
said improvement or addition.
(7) Public notice. Notice of any request, under this section, shall be published (in a
newspaper of general circulation) and personal notification shall be given to all property
owners located within three (3) 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 homeowners associations.
(8) Signage. No commercial signage or advertising shall be permitted on a
telecommunication tower unless otherwise required by law or the signage pertains only
City of Winter Springs
Ordinance No. 2006-12
Page 11 of 17
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.
(9) 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.
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.
(10) 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 offorty
(40) plus feet, two and one-half(2 1/2) inches in caliper, and a maximum often (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.
(11) Antennas on buildings. Stealth rooftop or building mounted antennas shall only be
permitted after buildout to three (3) co-locations on each of the four (4) tower sites
City of Winter Springs
Ordinance No. 2006-12
Page 12 of 17
indicated in subsection (d) above. After buildout occurs, then stealth rooftop or building
mounted antennas may be erected. 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 ifpublic 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): and
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
(12) Equipment storage. Mobile or immobile equipment not used in direct support ofa
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.
(13) 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:
a. All towers examined one year after initial construction.
b. All towers every five (5) years;
c. The city may require such certified statement after a nearby unusually severe storm
event as determined by the (NOAA) national weather service.
(14) Transmission/reception interference. Each application to allow construction or
City of Winter Springs
Ordinance No. 2006-12
Page 13 of 17
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.
(15) Prohibitions with certain principal uses. 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.
(g) Co-location of communications antennas. The City of Winter Springs desires to
minimize the number and general proliferation of communication towers. This section
is 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, telecommunications towers exceeding one hundred (100)
feet in height shall be engineered and constructed to accommodate three (3)
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 three (3) 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 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 communication 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
City of Winter Springs
Ordinance No. 2006-12
Page 14 of 17
correct in their respective assertions. If the city determines that either party is being
unreasonableor 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 shall be of a
monopole tower type. Stealth-designed monopoles are encouraged.
(3) Height. An existing telecommunications tower may be modified or rebuilt to the
allowed height including antennas by compliance with this article;
(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, but shall comply with or
maximize setback requirements from residentially zoned property.
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 (NIER).
(i) Abandonment.
City of Winter Springs
Ordinance No. 2006-12
Page 15 of 17
(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 information within
ten (10) working days of a request being made, and failure to so provide shall be deemed
to constitute one hundred eighty days (180) days of non-use of the tower. Upon such
abandonment, the owner/operator of the tower shall have an additional ninety (90) days
within which to:
a. Reactivate the use of the tower or transfer the tower to another owner/operator who
makes actual use of the tower; or
b. Dismantle and remove the tower. With regard to towers that received conditional use
approval, ninety (90) days after dismantling or the expiration of the two-hundred seventy
(270) day period as set forth in this section, the conditional use and/or variance for the
tower shall automatically expire.
(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 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the validity
City of Winter Springs
Ordinance No. 2006-12
Page 16 of 17
of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2006.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2006-12
Page 17 of 17
Cellular Report Executive Summary
This report has laid the foundation for three important conclusions regarding the present state
of and the future of wireless services in the City of Winter Springs.
1. There is an area in the eastern end of the city that is now receiving inadequate first
cellular service. A new cell site is required somewhere in the shaded area shown on
the attached map. There is some latitude as to exactly where in the shaded area a cell
is placed, leaving the decision to factors based on usual technical cellular siting
considerations such as property availability and signal levels.
2. There is currently no technology that can substitute for cellular communications and
provide the same functionality. New technologies such as Wi-Fi and WLAN systems
need much further development before they can be seam1essly integrated into a public
service. Even though there are now entities trying to prove such systems, it will be
several years before new technologies are adequately stable.
Micro-cells, a cellular technology, using low antennas and pole-mounted equipment
requires that surrounding cells also be small and closely spaced. The cellular
providers in and around Winter Springs have relatively large cells that are widely
spaced. The use of micro-cells here is at least 3-5 years away and must await
substantial reorganization of the present systems.
3. The current Winter Springs Ordinance providing for wireless services needs revision
soon. As currently implemented in the Ordinance, cellular service improvements are
not possible in the city. This is mainly due to the requirement that all four of the sites
specifically designated in the Ordinance be functional before any other sites can be
approved. Two of the designated sites will likely never be used. See the map.
Locations for cellular sites must be based on technical considerations only.
CONSULTING ENGINEERS
Arthur K. Peters