HomeMy WebLinkAboutOrdinance 2006-12 Telecommunication Towers/Antennas
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 VIII, ofthe 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 ofthe 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
sttikwut type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of
text 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 18
Sec. 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 (SMR), enhanced
specialized mobile radio (ESMR), paging as well as unlicensed wireless services, and
common carrier wireless exchange access services.
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, mono-power poles or trees.
City of Winter Springs
Ordinance No. 2006-12
Page 2 of 18
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 of
towers 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
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
City of Winter Springs
Ordinance No. 2006-12
Page 3 of 18
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 (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 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 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
City of Winter Springs
Ordinance No. 2006-12
Page 4 of 18
incorporated including, but not limited to, micro cell technology:
(iii) Towers shall be erected to a height that is the minimum height necessary to
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 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 visual impact on the
community is minimized to the greatest extent practicable:
(vii) Antennas shall be close-mounted or concealed. However, concealment shall be
encouraged and preferred to the ~reatest extent practicable: and
(viii) The visual impact of all towers shall be reduced or eliminated to the maximum
extent possible 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
at the following sites (see map
attachment Figure 1 dated February 12, 2007 subject to other
regulations which may apply:
a. City of Winter Springs Wastewater Treatment Plant #l/West Plant.
b. Proximate area of the Seminole County School Board Consolidated Services Facility
(a/k/a Bus Barn).
c. City of Winter Springs West Effluent Disposal Sites: at the southeast quadrant of Site
16 east of the southern percolation ponds.
d. City of Winter Springs City Hall.
City of Winter Springs
Ordinance No. 2006-12
Page 5 of 18
(3-iD Tier Two. A telecommunication tower shall be considered a conditional use at the
following locations. provided the proposed tower complies with the standards of this
section and complies with the conditional use criteria set forth in 20-33 of the City
Code:
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) an existing church steeple or other type of existing structure
which exists for a primary purpose other than for personal wireless services. It is the
intent of this subsection to take advantage of existing structures for providing personal
wireless services and not to allow the construction of new structures for said purposes;
or
d. Upon existing 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
of 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.
(iii) 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:
City of Winter Springs
Ordinance No. 2006-12
Page 6 of 18
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 limited to 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 be concealed by the surrounding trees or wooded areas to the maximum
extent possible to minimize the visibility of the tower from any road. occupied building.
and fairway if located 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. Further. the construction of a tower for
speculative purposes shall be prohibited. For purposes of this code. it shall be deemed
primae facie evidence that a tower is being built for speculative purposes ifthe applicant
can not provide with the application written evidence that one or more carriers have
committed to locate on the proposed tower within three (3) months of the construction
of the tower for a period of at least five (5) years.
City of Winter Springs
Ordinance No. 2006-12
Page 7 of 18
(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 bv 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
City of Winter Springs
Ordinance No. 2006-12
Page 8 of 18
be processed within the time frames required by law. Additionally. at a minimum. the
following 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.
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 related
facilities including all mounts. antennas. collocation spaces. and equipment facilities.
e. A current property appraiser aerial delineating the subject property. the proposed
tower and related 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 (DBHt and height of existing and/or proposed trees within a 75-foot radius ofthe
proposed tower and related 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 (if permitted
by law).
i. Documentation oflocation and site selection process. including search ring. location
and siting criteria. alternative sites in the area. and site selection methodology.
i. To the extent permitted or required by law. 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 any other proposed. existing. and
authorized towers in the service area as the proposed tower and related facilities.
k. Documentation evidencing that one or more carriers have committed to locate an
antennae on the proposed tower for purposes of providing personal wireless services.
(3) The applicant shall provide a visual impact report that provides a line-of-sight
analysis including scaled and colored front. side. and rear elevation drawings or
photographs that depict the proposed tower and related facilities. The drawings or
photographs shall also depict any significant natural and manmade features that affect
the buffering ofthe potential visual impact ofthe proposed tower and related facilities.
Upon receipt of the visual impact report. the City may require the applicant to conduct
a visual impact demonstration consisting of a minimum of two hour balloon test. which
shall demonstrate the maximum height ofthe proposed tower. The balloon test shall be
City of Winter Springs
Ordinance No. 2006-12
Page 9 of 18
scheduled with the City and representatives of the City shall be present at the proposed
site for pm:poses of evaluating the test.
(4) For pm:poses of demonstrating technical feasibility under this section 20-451. the
applicant shall be required to submit, in coni unction with a site plan application and to
the extent permitted or required by law. 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 iustify 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 oftechnical review of such tower
by city's consultant.
(f) Performance standards/design criteria.
(1) Setbacks.
a. Telecommunications tower setbacks shall be measured from the base ofthe 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 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)
City of Winter Springs
Ordinance No. 2006-12
Page 10 of 18
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 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 sixty five (165) feet in
height which shall include the antenna.
(4) Illumination. 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 planes) 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 constructionlbuilding 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 p~rmitted 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. Upon request by the
~ e Qne 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.
City of Winter Springs
Ordinance No. 2006-12
Page 11 of 18
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
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 ofthe 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 ofthe 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 ofthe 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 of forty
(40) plus feet, two and one-half (2 1/2) inches in caliper, and a maximum of ten (10)
City of Winter Springs
Ordinance No. 2006-12
Page 12 of 18
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 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 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
City of Winter Springs
Ordinance No. 2006-12
Page 13 of 18
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 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
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. This prohibition does not apply to emergency
generators.
(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 oftechnical 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
City of Winter Springs
Ordinance No. 2006-12
Page 14 of 18
manner that provides for three (3) co-locations as part ofthe 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
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.
City of Winter Springs
Ordinance No. 2006-12
Page 15 of 18
(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.
(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.
City of Winter Springs
Ordinance No. 2006-12
Page 16 of 18
(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, including Figure 1 which is
attached hereto and fully incorporated herein by this reference, 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 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.
[ADOPTION PAGE FOLLOWS]
City of Winter Springs
Ordinance No. 2006-12
Page 17 of 18
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 12th day of February, 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:
January 22, 2007
Second Reading:
February 12,2007
Effective Date:
February 12,2007
City of Winter Springs
Ordinance No. 2006-12
Page 18 of 18
Figure 1 to Ordinance 2006-12
February 12, 2007
,
5 WEDNESDAY, JANUARY 10, 2007
021 ,
~
!
\3. i, SEMI-
\) nd a~d
, Details:
\)
l\i RTOMA
n I of the
J )7-323-
~\ 110NTE-
, lY. De-
1260 or
'" )27.
\ LANDO:
~ DU Lau-
f'\. at 407-
~ WINTER
~ Details:
'0..\ 7.
~ ILANDO:
ils: 407-
~ (lWANIS
",~ tails:Bill
, 'j,. ~F SEMI-
~ ,I times
~ d, pres i-
~ ~S CLUB:
~ lY of the
.~e~f ~~:
~ 0, secre-
!ts every
\/~i1s: Tim
~ .): meets
~ b Jacobs
. at 407-
.0: meets
drey Og-
EMINOLE:
, Ritter at
19: meets
esdavs of
Saturday of the month except January.
Details: Fred Hunter at 407-B96-43S7.
SONS OF CONFEDERATE VETERANS,
JACOB SUMMERLIN CAMP NO. 1S16:j
meets the second Monday of the,
month. Details: Buck Branham at 407-
931-7003. !
WINTER PARK HISTORICAL ASSOCIA-j
TION: meets the second Wednesday ofl
the month, September through May.,
Details: 407-647-2330. !
I
BUSINESS, FINANCIAL I
BUSINESS AND PROFESSIONAL WO- I
MEN: meets the second Tuesday of eV-1
ery month. Details: 407-672-2601. i
BUSINESS REFERRAL NETWORK INC.: a I
business leads-generating organization;:
meets every Friday. Details: Michael Mo-:
ran at 407-894-86B8. '
EXECUTIVE SPORTS CLUB OF ORLAN- i
DO: a sports-minded group for profes- ,
sional athletes, retired and active, and,
business leaders; meets monthly. De-j
tails: 407-261-0218. '
REAL ESTATE NETWORK OF CENTRAL'
FLORIDA: meets the third Wednesday of:
the month. Details: Len Olmer at 407-:
834-4732.
SECRETARIAL
L
NOTICE OF
ZONING CODE CHANGES
CITY OFWINl'ER- SPRINGS
NOTICE IS HEREBY GIVEN THAT
THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS
PROPOSES TO ADOPT:
ORDINANCE 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 RESOLUTION~,
INCORPORATION INTO THE. CODE
SEVERABILITY, AND AN EFFECTIVE DATE.
PUBLIC HEARING
FOR FIRST READING
WILL BE HELD ON
MONDAY, JANUARY 22, 2006
AT 6:30 P.M.
OR SOON THEREAFTER
IN THE COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
INTERNATIONAL ASSOCIATION OF:
ADMINISTRATIVE PROFESSIONALS, LAKE!
BUENA VISTA CHAPTER: meets the third!
Wednesday of the month. Details: 407-
828;3151 or 407-824-4808.
INTERNATIONAL ASSOCIATION OF
ADMINISTRATIVE PROFESSIONALS, OR-
LANDO CHAPTER: meets the third Mon-'
day of the month. Details: 407-423-
268~NTERNATIONA!- ASSOCIATION OF !he proposed. ordinance may be obtained by
ADMINISTRATIVE PROFESSIONALS, WIN- Interested parties between 8 a.m. and 5 p.m"
TER PARK CHAPTER: meets t~e second Monday through Friday, at the City's Clerk;.s
Tuesday of the month. Details: Tammy
Eifert at 407-679-7796. Office, located at 1126 E. SR 434, Winter
j Springs, Florida. For more information, call (407:)
I ~'.)7 _1 Rnn :1:1:'.)'.)7 Por",nn", with rli",,,,hilitio,,,
ro reduce
y.ard set-
to,allow
east side
e; b) varl-
25 ft. min.
k by 4.5 fl.
g 20.5 ft.
Party.llne;
rease 6 fl.
e~~~tf:ric~
d the rear
marelY 1300 feet soufh'Ot"!ik
4J4b' (BV2006-184). Denny
Glb s, Senior Planner ,
1313 Windy Rlda. Court - BriOn
Sephton & Anita .Kllngen-
berg, applicants; Request
fora front. yarej setback
r~/~8~~t~~s'10~0 a f~;bJgs;J
enclosure of an existing car-
pOrt 111 A-1 (AgricUlture Dis-
trlct): Located east off
~~~~ry~!ggf~10~ciit OttP,Ql:~:
tie Lake Hills Road;
(BV2006-189).
Denny Gibbs,
Senior Planner
McC.rthy Av.nu. (Lota 11 " 121
R~':fu~:,nfO~wdi 10f~riJc~~k
ance from 7650 square feet
~~0~505s~J'j,~%: f~e:h~O~_~
(Single-Family Dwelling
District; Located on .the
west siae of McCarthy Ave-
nue, approximately 0.10
miles from the intersection
of West 22nd Street and Mc-
Carthy Avenue; (BV2006-
193). Kathy Fall, Principal
Planner
Shirl.y Av. (LoI35) - :James A.
Clark, Oppllcant; Request
for a Cl) lot size variance
from 11,700 square feet to
8,500 square feet; ond (2)
f~gm rsaf~ef~bb~&~~~~I~n~:
faml/!; home In R-1AA !,J~n-
W'~t) ;aCb~~t~~~' ~~Jl no~fh
side of 2nd street approxi-
mately .10 miles from Inter-
section of 2nd street and
Shirley Avenue; (BV2006-
186). Rufus Brown, Plan-
ning Intern
201 Ston.brldg. Driv. - William
& Lutrelle MCGlockton, ap-
plicant; Request for a sleje
yard (west) setback vari-
ance from 10 feet to 7 feet
for a proposed replacement
screen pool enclosure In
R-1AAA (Single Family
Dwelling District): Located
on the south. side of Stone-
bride Drive at ButtowoOd
Drlve.approxlmately 1250
feet south of Weklva
Springs Road: (BV2006-20l).
Rufus Brown, Planning In-
tern
626 Longm..dow Circl. - Ken
g~~~1Pfonre~ ,!:fJ'~ '~~~~ s~1:
back variance from 30 feet
to 15 feet for a proPosed un-
covered Cantilevered deck,
6'above,grade, In PUD
(Planned Unit Development
District); Located an the
west side of Langmea~ow
Circle approximately 1300
feet east of Sabal Palm
Drive; (BV2006_191). Rufus
Brown, Planning Intern
4306 Pr".ll Rood - David &
Elizabeth MYers, apPlicant;
Request for.a .front yard
(south) setback variance
from 100 feet to 10 feet for
'an existing shed and an ex-
Isting Covered bOat stora~e
b~~rdrn'"~j'fJe'1nf';f~J PA trl~
culture District); . Loca~ed
on the north side of Prevatt
~f~0~ftf~?~f:n~t~~~d1~.~
(BV2006-178l. Denny Gibbs.
"'---'-...-...........-'---'._.~~..+'.._=.,-
-., ...... ....., '" o:I'UC VI
Foster Cove approxiFootely
200 feet west of Avenue C;
(BS2006-012),
KathY Fall. Principal
Planner
Interested parties <ire en-
COuraged to appear at this
hearing and present writ-
ten/oral input regardll1~ the
:;rgft~Sr~d d:e~b~?r ,:;~m:~
~r;:~:~~~~fyr,~~~~e~~@t~e~
bl~~1~'~, 'iY~t"t~a~fa~1~~1
Street, Sanford, F L 32771.
~~~n41;20hl<"'~~7~g~ff-7~g~:
This hearinq may be contin-
ued from time to time os
found necessary. Additional
Information regarding these
matfers Is available for
pUblic review at the address
above between the hours of
8:00 a.m. and 5:00 p.m..
Monday through Friday, ex-
ClUding hOlidays. Parsons
with disabilities needing as-
sistance to particl~gte in
any of these Proceedings
should contact the H!an
Resources Depar ent
ADA Coordinator '48' purs
In advance of this hearing
at 407-665-7944. Persons' ore
advised that If they -decide
to appeal any decisions
mode at this hearing; they
will need a rec;ard aL the
proceedings, and for such
~~~~~:~ ~~~~aJi'i:~Mc"ae~ b~
the proceedin~s is J;11ade,
which record Includes the
testimony and eviden~e up-
g~s~h '{~'o~~aa affa1~le~~
Section 286.0105).
BOARD OF ADJUSTMENT
BY; MIKE HATTAWAY,
CHAIRMAN
SLS121240-NOV.23
OIlDINAPlCE NO. 2OlI642
AN ORDINANCE OF. THE
CITY COMMISSION OF
THE CITY OF WINTER
SPRINGS, FLORIDA,
AMENDING SECTION 20.
451 OF THE CITY CODE
REGARDING TELECOM_
MUNICATION TOWERS
AND ANTENNAS; PRO-
VIDING FOR THE RE-
PEAL OF PRIOR INCON-
SISTENTORDI NANCES
AND RESOLUTIONS, IN-
CORPORATION INTO THE
CODE SEVERABILITY,
~~.pE. AN E;FFECTIVE
AV.
6.
..,
'l'l'\!<."_l._~!i>!\!ltnmfn. ~~J II. _
i
G4 Orlando Sentinel
,Le
The proposed ordinances
may be Inspected by Inter.
estedpartles between 9
rli~ou~~d M~rr;v', ~~n1~~
City's Clerk's Office, locat-
ed at 1126 East State Road
434, Winter Springs, Flori-
da. For more Information
call (407) 327-1800 1#227. Per-
sons with disabilities need-
l~ga~~S~I~~~~o ~g[~f~J~
should contact t~e Employ.
ee Relations Department
Coordinator, 48 hours In ad.
vance of the meeting at
(407) 327.1800, Ex.tenslon
236: This is a pUblic hear.
~~gy ~~~g~~e;A~~:,~~~~!
~O~o~?~~ ~Ya~~~~"I..n~~~~
;k~t"I~ga".;.g~"it~e;v~tn~a:
ered at this meeting, YOU
'will need a record of the
proceedings, and for such
~~~~:eftia~a~ ~~~a~~d;~~
cord of the proceedings Is
made Upon which the ap-
peal Is based. Intere.sted
~artles are advised that
~:ltln~OJnda~~ehO:ar~t Jn~
resPact to the proposed or-
dinances.
Id property being In
ty of Orange, State
Unless such cer-
II 'be redeemed
o law, the prap-
. d In SUch cer.
" Will be sold to the
I, Idder at the Train-
Ity located at 2010
th,gan Street, Or-
IOrlda on Dec-14-
0:00 a.m.
ct-17-2oo6
. Haynie, CPA
amptroller
J J
-
THURSDAY, NOVEMBER 23, 2006
PARCEL 10 # 10-23-30-8861_
01120
Nome in which assessed:
~~~KlBBA\ROONN & CHRIS-
~Lrh~f tg~~f:ogr6~ci'~b~:
State Of Florida. Unless
Such certificate sholl be re-
deemed aCCording. to low,
the property described in
SUch certificate will be sold
to the highest bidder at the
Tra/n/ng Facility located at
2010 East MiChigan Street.
Orlando, Florida on Dec-14-
l,ogfe8! ~~?-~7~8cJ6
Martha O. Haynie,
CPA County Comptroller
~~~n~ew1ftYsnty, Florida
Deputy Comptroller
bl~~3~J~~~:~,~~,%jgal )
-NOTICE OF APPLICA-
TION FOR TAX DEED-
NOTICE IS HEREBY G/V-
EN that WACHOVIA BANK
NA CUSTITTEE FOR
PLYMOUTH PARK TAX
SERVICES II LLC the hold-
er of the fOllOWing certifi-
cate has filed .said certifi-
cate for 0 TAX DEED to be
Issued thereon. The Certifi-
cate number and year of Is-
suance. the description of
the praParty, and the names
in which it was assessed
ore os follows:
~~O~TIFICATE NUMBER:
YEAR OF ISSUANCE: 2004
g~~~~IPTION OF PROP-
COCONUT GROVE UNIT 2
V174 LOT 12 & 5 1/2 LOT 13
6ot~CEL 10 # 14-23-30-1444_.
Nome in which assessed:
XUAN CONG NGUYEN
ALL of said property being
In the County of Orange,
State of Florida. Unless
Such certificate sholl be re-
deemed according to low,
the property described in
such certificate will be sold
to the highest bidder at the
II AlW~Il.~,
Orlando
Sentinel
Published Daily
~tate of jflortba } 5.5.
COUNTY OF ORANGE
Before the undersigned authority personally appeared Raehae 1 Wash i ngton
, who on oath say's
that he/she is the Legal Adv.ertisina Rteorasentative of Or1ando Sentinel, a dally
newspaper published at A I taman e ::>p ring s in
Sem i no 1 e/a range County, Florida;
that the attached copy of advertisement, being a THE C I TV Ot ~J INTER
in the matter of Xt~~X;~{SX Dee. 6
in the Sem i no 1 e/a range
was published in said newspaper in the issue; of 11/23/06
Court,
Affiant further says that the said Orlando Sentinel is a newspaper published at
Altamonte Springs ,insaid
Se! i n~ 1 e County, Florida,
an tha the said newspaper has heretofore been continuously published in
said S~ i nB1 e County, Florida,
each eek ay and has been entered as second-class mall matter at the post
office. in ~~t')A1onte Springs in said
Sem I no 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 this advertisement for
publication in the said newspaper.
day of
(SEAL)
:'~-:~~J;':;{.~C~
F {;~"
;....i.'....<_.''''...,/
Cc;~m;!; 0['1)387137
r-~.._!...-._ -,..,<Ii^ .~ ~,'
~ ~ . -.;- :,:;:::,;;..... .......... ...~ ": /
~_,~... -............... _~ 40.~ _ ,__. ___ ~. ........ .......- .........-.....
-- .......-.....,- ......... - ,- .-
THE CITY OF W'
~VI~GS GIVES
NING ..
LO
, WILL C
I FOL
i ORDINANCE ND . 2lJ06-12
;AN ORDINANCE OF THE
tCITY COMMISSION OF
Ir~~I~bV OF,:m~TER
I AMENDI NG SECTJO~D~~
!451 OF THE CITY CODE
! REGARDING TELECOM.
iMUNICATION TOWERS
AND ANTENNAS; PRO.
iVIDING FOR THE RE.
i PEAL OF PRIOR INCON.
,SISTENT ORDINANCES
I M~p~~l~hJ~lI~~(hkNE
ICODE SEVERAB ILITY
~~.pE. AN EFFECTIVE
DN DAY.
I f.
I :Ill
I
The proposed ordinances
may be Inspected by Inter-
ested parties between 8
fli\!liu~~d ~ ~dm,. Monday
City's Clerkfs Oafricea~o~~t
ed at 1126 East State Road
434. Winter Springs. Fiori.
da. For more information
call (407) 327'18Q0 #227. Per.
~ons with disabIlities need.
ilng assIstance to participate
n any of these proceedings
should co~tact the Employ.
ee RelatIons Department
Coordinator. 48 hours in ad.
vance of the meeting at
2(407) 327'.1800.. Extension
.36. This IS a pUblic hear.
lng, If you decide to appeal
a,ny recommendation/deci.
&slon made by the Planning
Zo~ing Board / Local
Planning Agency with reo
spect to any matter consid
ered at this meeting YOU
will ne~d a record of the
proceedings. and for such
purposes. you may need to
ensure that a verbatim reo
cord of the proceedings is
moae. UPon which the ap-
peal.ls based. Interested
Phartles are advised that
tl ey. Inay appear at the
meeting and be heard with
~r~g:;~~s:o the proPosed or.
CSEl19905-NOV.23
--
J' _....... ....... .A..aIII, ..
-::-~ 'h:-,i_~,,_-,,_;
. J 1 0 Orlando Sentinel
NOTICE OF
ZONING CODE CHANGES
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT
THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS
PROPOSES TO ADOPT:
ORDINANCE 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 INCONSIS-
TENT ORDINANCES AND RESOLUTIONS, INCORPO-
RATION INTO THE CODE SEVERABILITY, AND AN
EFFECTIVE DATE.
-il,.' ,
PUBLIC HEARING
FOR SECOND READING & ADOPTION
WILL BE HELD ON
MONDAY, FEBRUARY 12, 2007
AT 6:30 P.M.
OR SOON THEREAFTER
IN THE COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinance may be obtained by interested
parties between 8 a.m. and 5 p.m., Monday through
Friday, at the City's Clerk's Office, located at 1126 E. SR
434, Winter Springs, Florida. For more information, call
(407) 327-1800 #227. Persons with disabilities needing
assistance to participate in any of these proceedings
should contact the Employee Relations Department
Coordinator, 48 hours in advance of the meeting at (407)
327-1800, #236. This is a public hearing. Interested par-
ties are advised that they may appear at the meeting and
be heard with respect to the proposed ordinance. If you
. decide to appeal any recommendation or decision made
. by the City Commission with respect to any matter consid-
. ered at this meeting, you will need a record of the pro-
-:t " ceedings, and for such purposes, you may need to ensure
, that a verbatim record of the proceedings is made upon
which the appeal is based.
..,
~
l'
L
SE SUNDAY, FEBRUARY 4,2007