HomeMy WebLinkAboutOrdinance 678 Telecommunication Towers
ORDINANCE NO. 678
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
tf TELECOMMUNI CATIONS 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 locationl 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 Tow~rs 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, TrlAT:
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 and/or rece.l.v.l.ng 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 or more carrier Antennas
located on it.
DEVEVELOPMENT REVIEW COMMITTEE shall mean the City staff
composed of the City Manager, Land Development Coordinator,
Ci ty Engineer, Public Works/Utili ties Director, Communi ty
Development Coordinator, Building Official, Police Chief, Fire
Chief.
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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 wJ..th
ground anchors.
PANEL ANTENNA shall mean an array of Antennas designed to
concentrate a radio signal in a particular area.
STEALTH FACTLTTY 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, 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 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 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
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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 Tel ecornrnuni ca tions 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 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.
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(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 (f) (1) shall be calculated and applied
to facilities located in the City of Winter
Springs, irrespective of other municipal and county
jurlsdictional boundaries.
(2) All new communications Antennas (i.e. stealth
rooftop or building mounted antennas) which are not
attached to Telecommunications Towers shall comply
with subsection (f) (11).
(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
Telecomminications Tower that has received City
approval or building permit, but has not yet been
constructed, shall be considered an existlng tower
so long as such approval is current and not
expired.
(d) Location, Permitted Uses and Special Exceptions.
(1) Telecommunications Towers shall be a permitted use
at the following sites (see map attachment Flgure 1
dated July 14, 1997) 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 (a/k/a
Bus Barn).
* City of Winter Springs West Effluent Disposal
Sites: at the southeast quadrant of Site 16
east of the southern percolation pon~s-
* City of Winter Springs City Hall.
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(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.
(3) Additional Tel~comrnunlcation Tower sites shall only
be permitted as a Special Exception pursuant to
this ordinance. A property declared eligible for
consideration as an additional Telecommunication
Tower site is City of Winter Springs Fire Station
#3 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). The
Telecommunications Tower located on this site shall
require a special exception from the Winter Springs
City Commission in accordance with this ordinance
and applicable City code provisions. The Tower on
this site shall not exceed a height of 120 I and
shall only be available as a tower site following
approval by City Commission as part of the grant of
the Special Exception. Following approval and
construction of the four (4) towers described in
this subsection, additional towers may be applied
for ~~d justified in accordance with the applicable
standards for a special exception in the City Code,
as well as these standards:
(a) The tower at proposed Fire stations #3
and any subsequent additional
telecommunication tower is required for
public safety communication needs; or,
(b)
Technical data is presented by an
applicant indicating that the proposed
tower is the only technically feasible
available site to assure
telecommunications services coverage
needs to area citizens; and,
(c) Such Technical. data specified in
subsection (b), above, is 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; and,
(d) All such Technical data shall be provided
at cost to the applicant. The City may,
in approximate cases in its sole
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discretion, retain the service of
technically competent consultants to
evaluate the data submitted by an
applicant to justify an additional tower
pursuant to this ordinance. The
applicant shall post a deposit with the
Ci ty Manager or his designee in a sum
such that the applicant for the
addi tional Telecommunication Tower pays
the full cost of technical review of such
tower by City's consultant and,
(e) Initial review of any additional
Telecommunication Tower sites shall be by
the City's Development Review Committee.
The Special Exception shall also be
considered by the Planning and Zoning
Board which shall make a recommendation
to the City Commission concerning said
Special Exception; and,
(f) Additional tower sites shall be:
(i) located as
far as possible from residentially
zoned property (and at least the
minimum set forth in this
ordinance); and
(ii) Erected to a height that is the
minimum height necessary to
technically serve the applicant's
needs, but not exceeding the lesser
of 165' or a height calculated based
on a tower setback of 125% of the
tower height measured at grade from
the base of the tower to the closest
residentially zoned property line;
and
(iii) the use of stealth tower is
encouraged in accordance with this
ordinance.
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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 requirements shall be a minimum of
ten (10) feet from any lot line and shall
comply with setback requirements in this
ordinance 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 165' provided however
that the distance from the tower base to the
nearest lot line of residentially zoned property
shall be a minimum of 125% of the tower height.
(3) Measurement of Height.
a. Measurement of Telecommunications Tower height
shall include Antenna, base pad, and any and
all other appurtenances and shall be measured
fram 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) Illumination.
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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 requiring FAA
painting/marking shall be of such color that will
blend with the surrounding environment.
(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
~~apter), as published by the American Society
of Civil Engineers, and further defined by
ASCE 7-88, "Guide to the Use of the Wind Load
?rovJ.sions", 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 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.
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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.
(7) 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 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 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.
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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 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.
(11) Antennas on Buildings.
Stealth rooftop or building mounted antennas shall
only be permitted after buildout to three co-
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locations on each of the four (4) tower sites
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 [10J 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): 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 of a Telecornmunlcations Tower facility
shall not be stored or parked on the site of the
tower unless repairs to the tower are being made,
12
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;
(d) 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
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) 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.
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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 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
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fifteen (15) days prior to such hearing. Upon adoption
of such determination by the Clty 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
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, 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 inspecLion 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.
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(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.
(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) All 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. Also, if any portion is
deemed invalid, unlawful or unconstitutional, then a ninety
(90) day moratorium on the construction and/or erection and/or
]6
locatlon and placement of any Telecommunication Towers within
the City of Winter Springs, Florida, shall automatically go
into effect upon said findings of invalidity, unlawfulness or
unconstitutionality to enable the City time to properly
prepare, consider and enact a new tower ordinance to protect
the public health, safety and welfare.
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 wlth 166.041 (4) Florida
Statutes.
PASSED AND ADOPTED this 13th day of October, 1997.
PAUL P. PARTYKA, MAYOR
CITY OF WINTEP SPRINGS
ATTEST:
MARGO HOPKINS, CITY CLERK
FIRST READING August 1997
POSTED; August 26, 1997
SECOND READING AND PUBLIC HEARING September 8, 1997
17
The Orlando Sentinel
Published Daily
$112.40
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COUNTY OF ORANGE
Beforli.lh..e undet?i.<JI)~Q authority personally appeared
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newspaper published at (AS'iElBERRY in
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t at the attached copy of advertisement, b.ei09 a NOT I (E Of PU 3l r (
in the matter of aRDJ NAt'JCF NO bL~
in the SEM1NOt;-
was published in said newspaper in the issue; of 08/29/97
Court,
Affiant further says that the said Orlando Sentinel is a newspaper published at
CAS~(l8(RRY , in ~aid
S(~INOlE County, Flonda,
and t at the said newspaper has heretofore been continuously published in
said SEMINOlt: County, Florida,
each Week Day and has been entered as second-class mail matter at the post
office in CAS'}ElBfRRY in said
S;:- M1 NOLl='" County, Florida,
for a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he/she has neither paid
nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of ;gecu ing this advertisement for
publication in the said newspaper. .~. : II .
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The foregoing instrument w~ acknowledged before me this 9TH day of
SEPTEMBER , 19~, by LORI G. DAVIS ,
who is personally known to me an~ oat"r(! ~
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NOTICE OF puilL:lC . "EARl. NO I
WINTER sW(.OF .......
NOTICE IS Hd:ltI'LORIDA
the City com~~c~ '
of WlnterSPlil'aa.FIOrlda, that I
saId Commls~'f will h a
Public Hearing On a R
entllled as loIlows:
ORDINANCE
AN ORDINANC
CITY COMMISSI OF
THE CITY OF WINTER
SPRINGS, FLORIDA
AMENDING CHAPTER 20
OF THE CODE OF ORDI-
NANCES BY CREATING
SECTION 2().434 'TELE-
COMMUNICATIONS TOW.
ERS'; PROVIDING FOR
DEFI . PROVIDING
FOR S AND IN-
TENT; VIDING FOR
APPllCAB lITYt' PROVID-
ING FOR lOCA ION' PRO-
VIDING FOR PERFOR-
MANCE . STANDARDS/
DESIGN CRITERIA; PRO-
VIDING P'OR SPECIAL EX.
CEPTIO~Sg'. PROVIDING
FOR Co'itCATION; PRO-
VIDING F R ABANDON.
MENT' PROVIDING FOR
SEVERA~TV; AND PRO.
~~~.G R EFFECTIVE
This Public Hearing will be held
at 6:30 p.m. on September
6,1997, or as soon thereafter as
possible In Ihe Commission
Chember. CilY Hall, 1126 E.S.R
434, Winter Springs, Fl. 32708. .
Copies of 1he proposed ordi.
nance are evallable in lIle Office
of the CilY CI~rk for Inspection.
lf11erestacf partieS may appear ell
thiS heanllll and be nesrd with
respect to this proposed Reso-
lu1lOn. Persons willl disabilities
needing assistance 10 partici.
pate In any of these proceed.
IngS shOUld contact the Employ.
ee Relations Department ADA
Coordinator 46 hours In ad.
~~~1es&l. the meeting at (407)
Pe~ons are advlslld lIlat if they
decide to appeal any decisions
made et these meetings/hear-
ings. they will need a record 01
Ihe proceedings and lor such
purpose, they mey need to in.
sure that a verbatim record 01
!he proceedings is made. which
Klcludes the testimony and evi-
dence upon which the appeal is
r:.ed. per Section 286.0105,
~:J~ this 29th day of August,
qty of Winter Sprlngs. A
Margo M. H9Pl<1I1S
MARGO M. H9PK1NS:
City Clerk
CSE1693140 AUCl.29, f997
- - - - - - - __ _0__. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
The Orlando Sentinel
Published Doily
$43.40
~tate of jfloriba } 5.5.
COUNTY OF ORANGE
LEGAL NOTICE
Notice Is hereby given thai APT
Tampa/Orlamlo has made reo
quest to the City of Wlnler
Springs, Florida to construct a
telecommunications lower 01
thai property localed' at Winter
Springs City Hall hevlng the ed.
dress or 1126 Easl Slale Road
~~:'D~J~I~r mSt.:i'lPe~le~~~:
mltte. of !l,. City of Winter
Springs met on December .11
1997 10 consider the request 01.
APT. The Development Review
Committee found thaI the reo
quest met the requlremenlsol
. . "
- Ordlnence No, 678 and that a .
. construction perrhlt wllh <:oM1..
tions, will be issued on Decem-
ber 17. 1991, .AIl.lnqulrles ara 10
be directed to Don LeBlanc.
Land Development Coordinator
for the City oJ Wilner Springs, at
telephone, number,'407/327.
. 1800.
CORI875639. Dec. 14,1997.
Before the undersigned authority personally appeared Donna ShaVf~r
, who on oath says
that he/she is the Legal Advertising ReQresentative of The Orlando Sentinel, a dally
news[)p.Qer published at ORLANDO in
OR ANu[ C9Wl1y, Florida;
that the attached copy of advertisement, being a L~6AL NOT .leE. NOT.l
in the matter of APT Tampa
in the OKANGl Court,
was published in said newspaper in the issue; of 12/14/... 7
Affiant further says that the said Orlando Sentinel is a newspaper published at
ORLANDO ,~~~
o RANGE County, Florida,
and that the said newspaper has heretofore been continuously published in
said ORANGE County, Florida,
each Week Day and has been entered as second-class mail matter at the post
office in 0 R LA ND 0 in said
ORANGE County, Florida,
for a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he/she has neither paid
nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing th's advertisement for
publication in the said newspaper.
(SEAL)
VINCCNf lMlRA TS
My Comm Exp. 9!O~12001
Bonded By Servlce Ins
No.CC676796
II Perlonally Known 11 OUl8t' 1.0.
-
---.
-_..~
L FO R PRO PE RC RE D IT PLEASED.ET AC~~AN[jtRr:-r..D~f~ftJ}-its~ eo Rl"lQI>l.i;WJTHd;'~QJ1JRJ<F,M,Ct".At~{C E .:
,.. BILLED ACCOUNT NO.
2 .',.
BILLED ACCOUNT~"' '< .
",'
3 ",0.~ AMOUNT PAID
030643001
CITY OF WINTER SPRINGS
4 Sentinel Communications
12/J.!i/'7
5 . ..... INVOICE NO.
~ --."
919773001
PLEASE DO NOT FOLD
OR STAPLE THIS PORTION
P,O. BOX 30,000
ORLANDO, FLORIDA 32891-9912
LEGAL ADVERTISING
000000000030643001919773001000004340000000000030643001919773001000004340
-----------------------------------------
FOR BILLING QUESTIONS-
TOLL-FREE- -800- 435-1232
1X
XTRA AFFIDAV
AMOUNT DUE
2.00
lJ3.40
/...!, BILLED ACCOUNT
t.
ATTN MARY T NORTON
1126 EAST S.R. 434
WINTER SPRINGS FL
32708000
030643001
407327180001
12/15/97
126
19 Sentinel Communications
publisher of
THE ORLANDO SENTINEL
633 NORTH ORANGE AVENUE
ORLANDO, FLORIDA 32801
LEGAL ADVERTISING
16 BILLED ACCOUNT NO. 17 DATE
18 DOCUMENT NO,
CITY OF WINTER SPRINGS
MASTER PLANNING MAP
DIAGRAM