HomeMy WebLinkAboutOrdinance 645-A Telecommunication TowersORDINANCE
NUMBER 645
WAS ON THE AGENDA AT THE
01/27/97 MEETING AND DECISION
WAS MADE TO DISCUSS IN A
WORKSHOP; HAD FIRST READING
ON 03/24/97 AND PASSED. HAD AN
ADDITIONAL FIRST READING ON
06/09/97 AND WAS APPROVED.
ORDINANCE WAS APPROVED IN
THE 06/23/97 MEETING SUBJECT
TO CONDITIONS. ON 07/14/97,
MOTION TO APPROVE
ORDINANCE PASSES AND MAYOR
INFORMED CITY COMMISSION HE
WOULD VETO; AT THE 07/28/97
MEETING, ORDINANCE WAS
TABLED UNTIL THE NEXT
MEETING. ON 08/11/97 THE VETO
STANDS.
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 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 five or more carrier Antennas
located on it.
(paragraph crossed out)
DEVELOPMENT REVIEW COMMITTEE shall mean the City staff
composed of the City Manager, Lnad Development Coordinator,
City engineer, Public Works/Utilities Director, Community
Development Coordinator, Building Official, Police Chief, Fire
2
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 wire 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
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, 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 structres
licensed by the FCC, transportable communication
devices, private home use of satelittle 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
3
The Orlando Sentinel
Published Daily
$1:)7. FiO
~tate of jflortba } 5.5.
COUNTY OF ORANGE
SUSAN K. WENTZEll
My Comm bp 11/23/97
Bonded By Service Ins
No. C032326
"Pet~K""""
day of
NOTICIOf' PUILIC HEARl.NG
cnvOf="DA~
NotICe II .... given By the City Com-
mission of the City 01 ~in~.r Springs, \
Florida. that said CommiSSIon wltt hol~
a Public Heertng on en Onlt_ enti-
tled as fol6~~ANCE NO. 645
AN. ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA
AMENDING CHAPTER 20 OF THE
CODE OF ORDINANCES BY CRE-
A TlNG SECTION 20-434 'TELE-
COMMUNICATIONS TOWERS';
PROVIDING FOR DEFINITIONS;
PROVIDING FOR FINDINGS AND
INTENT' PROVIDING FOR APPLI-
CABILITY; PROVIDING FOR LOCA-
TION' PROVIDING FOR PERFOR-
MANCE STANDARDS/DESIGN
CRITERIA; PROVIDING FOR SPE-
CIAL EXCEPTIONS; PROVIDING
FOR CO-LOCATION' PROVIDING .
FOR ABANDONMENt; PROVIDING
FOR SEVERABILITY AND PROVID-
ING FOR EFFECTIVE DATE.
This Public Hearing will be held at 6:30
p.m. on April 14, .1997 or as soon th~re- ,
aller as possible in the CommisSion \
Chambers, City Hall. 1126 E. S.A. 434,
Winter Sprin s, FL 32708. COpies of the
proposed or~inance are avatlabl~ In the
office of the City Cieri< for Inspection. I~-
terested parties may appear at thiS
hearing and be heard WIth respeclto
this proposed ordnance. ,
Persons with disabilities needing asSIS-
tance to participate in any of these pro-
ceedings should contaclthe Emp.loyee
Relations Department ADA Coord!nator
46 hours in advance of the meeting at
(407) 327-1800. ,
Persons are advised that ~ they decide
to appeal any decisions made at these
meetings/hearlngs, they will need a re-
cord 01 the proceedings a!,d for such
purpose, they may neeil to Insur~ that a
verbatim record of the proceedl!,gs IS
made, which includes the testimony
and evidence upon which the appeal IS
based, per SectIon 286.0105 F.S.
City of Winter Spnngs,
Margo M. Hopkins, City Clerk
SLS1433936 MAA.30, 1997
Before the uQoe.rsignEld a4.t1\Qrity,.+wrsonally appeared
~~ . who on oath says
that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally
newsQaper published at C A~~ELRERRV in
~ E M IN OL E CO!.l.I')\'L.. Florida;
that the attached cQPY of advertisement, being a NOT I ( E 0 f p U d L r c
inthematterof O~JHNANCE NO. b~5
in the J:" Court,
was published in said newspaper in the issue; of
Affiant further says that the said Orlando Sentinel is a newspaper published at
C~~~i~~t~RV , in said
County, Flonda,
and that the said newspaper has heretofore been continuously published in
said SEMINOLE County, Florida,
each Week Day and has been entered as second-class mail matter at the post
office in CASSELBERRV in said
~EMINOLE County, Florida,
for a period of one year next precedi g the first publication of the attached
copy of advertisement; and affiant r er says th~t e/she has neither paid
nor promised any person, firm corporation ny discou rebate,
commission or refund for the pur of securin thi a v i ment for
publication in the said newspaper.' ,
The foregoing instrument was acknowledged before me this
APR T I , 19 -.9L, by
, who .;...elSlllla!ill.!sOQwn to me and w
f
II OtI1cr I O.
The Orlando Sentinel
Published Daily
;p92.00
~tatt of jfloriba } 5.5.
COUNTY OF ORANGE
Before the undersigne~~Wyrit ~ed~ppeared , who on oath says
that he/she is the L.,egaIAov.ertisingRe(:l.resentative of The Orlando Sentinel, a dal!y
newsl2a er published at CA5:~EU3ERRY In
Count,.. Florida;
that the attached copy of advertisement, being a N toNT T
in the matter of TELECOMYIlJNICl\TION TOWER
in the SEMINOLE Court,
was published in said newspaper in the issue; of 03/30/97
----rroTICE OF INTENT TO
CONSIDER ADOPTION OF
REGULATIONS
FOR TELECOMMUNICATION
TOWERS
NOTICE IS HEREBY GIVEN
THAT THE CITY COMMISSION
OF THE CITY OF WINTER
SPRINGS WILL HOLD A SEC-
OND READING AND PUB
HEARING ON APRIL 14,
TO CONSIDER ADOPTIO
PROPOSED ORDINANC
REGULATING THE SITIN
CONSTRUCTION OF TELE-
COMMUNICATION TOWERS
WITH THE CITY CITY.
,THIS PUBLIC HEARING WILL
TAKE PLACE AT 6:30 P.M. AT
THE CITY COMMISSION
CHAMBERS AT 1126 EAST
STATE ROAD 434, WINTER
SPRINGS, FLORIDA. INTER-
E3TED PERSONS MAY AT-
TEND AND BE HEARD.
ADDITIONAL INFORMATION
! PERTAINING THE ABOVE MAY
BE OBTAINED FROM THE OF-
FICE Of THE COMMUNITY DE-
VELOPMENT COORDINATOR,
AT CITY HALL 1126 EAST
STATE ROAD 434b WINTER
I SPRINGS FLORI A. FOR
MORE INFORMATION CALL
(407) 327-1800 X 315.
PERSONS WITH DISABILITIES
NEEDING ASSISTANCE TO
PARTICIPATE IN ANY OF
THESE PROCEEDINGS
SHOULD CONTACT THE EM-
PLOYEE RELATIONS DEPART-
MENT COOIIDINATION 48
HOURS IN ADVANCE OF THE
MEETING AT (<107) 327-1~
THIS IS A PUBLIC HEARING. IF
YOU DECiDe TO APPEAL AN
DECISION OR RECOMMENDA-
TION MADE 11'1 THE CITY COM-
MISSION WITH RESPECT TO
ANY MATTER CONSIDERED AT
THIS MEETING, YOU WILL
NEED A RECORD OF THE
PROCEEDINGS, ANyDO'U ~~~
SUCH PURPOSES,
NEED TO ENSURE THAT A
VERBATIM RECORD OF THE
PROCEEDINGS IS MADE UPON
WHICH THE APPEAL IS TO BE
ro..~7fo HOPKINS. CITY CLERK
CSE1438207 MAR.30,1997
Affiant further says that the said Orlando Sentinel is a newspaper published at
C~~M~LBE~RV , in said
NUL County, Florida,
and that the said newspaper has heretofore been continuously published in
said SEMINOLE County, Florida,
each Week Day and has been entered as second-class mail matter at the post
office in CASS.ELBERRY in said
5:EMINOLE County, Florida,
for a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant f t r says tha~h . he has neither paid
nor promised any person, firm orporation a di count, ebate,
commission or refund for the purp of securing t sarti nt for
publication in the said newspaper. . 'J
The foregoing instrument was acknowledged before me this 2 day of
APR T I ,1 9..9L, by
who' pers(>n-arrr1futlWfl"fO"1'1l~d.,w
(SE
SUSAN K. W[NTZHl
My Comm Exp 11/25/97
Bonded By Service Ins
No, CC332326
II Pet""~Y K-., I ; 0:,,<'1 I fl.
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:
(1) To protect residential areas and land uses from the
potential adverse impacts of Telecommunications
Towers when placed at inappropriate locations or
permitted without adequate controls and regulation
consistent with the provisions of law;
(2) To minimize the adverse visual impacts resulting
from Telecommunications Towers through sound and
practical design, siting, landscape screening, and
innovative camouflaging techniques all in
accordance with generally acceptable engineering
and planning principles and the public health,
safety and welfare;
(3) To avoid potential damage to adj acent properties
through sound engineering and planning and the
prudent and careful approval of Telecommunications
Tower sites and structures;
(4) To require shared use/co-location of existing and
new Telecommunications Towers (capability of having
space for 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
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,
(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.
4
(c) Applicability.
(1)
(2)
(3)
(4)
All new Telecommunications Towers and antennas
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.
All new communications Antennas (i.e. stealth
rooftop or building mounted antennas) which are not
attached to Telecommunications Towers shall comply
with subsection (g) (12) .
All Telecommunications Towers existing on ,
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.
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 the following sites (see map
attachment Figure 1 dated subject to
other regulations which may apply:
* City of Winter Springs Wastewater Treatment
Plant #1\West Plant.
* Proximate area of the Seminole County School
Board Consolidated Services Facility (aka Bus
Barn) .
* City of Winter Springs Wastewater Treatment
5
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
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.
(paragraphs have been deleted)
(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.
(g) Performance standards/Design Criteria.
6
(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.
(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 ,
1997 (the effective date of this ordinance).
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.
7
(paragraphs delted)
(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.
(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 plans 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
8
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
loading 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
accomodate 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/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
provisionsll, 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
9
first class U.S. mail, and to the Board of
Directors of duly recognized homeowners
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 of 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.
(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;
10
b.A continuous hedge shall be planted in front
of the tree line reference 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 4fl supplement towards meeting
landscaping requirements.
(12) Antennas on Buildings.
Stealth rooftop or building mounted antennas shall
only be permitted after buildout to five c0-
locations 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
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
11
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) 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 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.
(paragraphs were deleted)
(d) The city may require such certified
statement after a nearby unusally severe
storm event as determined by the (NOAA)
national weather service.
(15) Transmission/Reception Interference.
12
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,
explosi ve, or hazardous wastes such as LP gas,
propane, gasoline, natural gas, and corrosive or
dangerous chemicals.
(h) 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 utilitized 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 exceeeding 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
extent that 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
anntenna 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., exiting
13
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) day prior to such hearing. Upon adoption
of such determination bby 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 accomodate 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 of one
hundred eighty (180) feet, including antennas by
compliance with this ordinance;
(4) Onsite-location.
a. A Telecommunications Tower which is being
rebuilt to accommodate the Co-location of an
additional communications Antenna may be moved
onsite
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b. After a Telecommunication Tower is rebuilt to
accommodate Co-location, only one (1) tower
shall remain on the site;
(paragraph C deleted)
(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
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 within 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 period
as set forth in this Section, the special exception and/or
variance for the tower shall automatically expire.
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(2)
The City of Winter Springs, upon abandonment, and
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 Partyka, MAYOR
CITY OF WINTER SPRINGS
ATTEST:
CITY CLERK
FIRST READING
POSTED
SECOND READING AND PUBLIC HEARING
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CITY OF WINTER SPRINGS
FUTURE LAND USE MAP-2010