HomeMy WebLinkAbout1997 06 09 Regular Item A
COMMISSION AGENDA
ITEM
A
REGULAR X
CONSENT
INFORMATIONAL
June 9, 1997
Meeting
MGR.(llv1- IDEP~
Authorization
REQUEST: Community Development Department requests the Commission to approve the
first reading for adoption of Ordinance # 645 regulating the siting and construction
of Telecommunication Towers within the City.
PURPOSE:
The purpose of this Board Item is to request the Commission approve the first reading for
adoption of Ordinance # 645 regulating the location, construction, and impacts of
Telecommunications Towers in the City that will protect the health, safety, and welfare of
the residents and businesses in the City.
CONSIDERATIONS:
1. Ordinance No. 646 was passed as an emergency ordinance by the City Commission
on January 27, 1997 to extend for sixty (60) days the moratorium to complete a
proper study and drafting of a tower siting ordinance and to prevent construction
or erection of telecommunications towers during this moratorium period.
2. The City staff reworked a draft "Telecommunications Tower" Ordinance and
presented it to the Planning and Zoning Board for their review at its January 2,
1997 meeting. The P & Z Board made changes. The changes to draft Ordinance #
645 were presented to the City Commission on January 27, 1997.
3. City staff met with the telecommunications industry representatives to receive
input on the draft Telecommunication Towers Ordinance # 645.
4. The City Commission held a workshop on March 17, 1997 and reviewed with staff
possible sites for Telecommunication Towers. The Commission requested staff to
JUNE 9, 1997
AGENDAITEM A
Page 2
make changes to draft Ordinance # 645 incorporating the five (5) locations for
Telecommunications Towers as indicated on the map presented at the workshop.
5. The City Commission on March 24, 1997 adopted emergency Ordinance 657
extending to April 30, 1997 the moratorium on the construction and/or erection of
any Telecommunications Tower in the City. On April 28th, the moratorium was
extended through June 23, 1997.
6. The City Commission held a workshop on April 7, 1997 on the draft Ordinance
645 and requested staff to make changes as indicated at the workshop.
7. The City Commission held a workshop on May 5, 1997 on the draft Ordinance
645 and reviewed the changes and set a first reading of the ordinance for June 9th.
FUNDING:
This Ordinance does not require an expenditure.
RECOMMENDATION:
Staff recommends that the City Commission adopt Ordinance # 645.
IMPLEMENTATION SCHEDULE:
The City Commission would hold a second reading and public hearing for adoption of
Ordinance # 645 on June 23, 1997 The Ordinance would take effect immediately upon
adoption per Section IV of Ordinance # 645 in accordance with 166.041(4) F.S.
ATTACHMENTS:
1. Draft Ordinance # 645.
2. Map of potential Telecommunication Tower sites per Ordinance # 645,
COMMISSION ACTION:
ORDINANCE NO. 645
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING CHAPTER 20 OF THE CODE OF
ORDINANCES BY CREATING SECTION 20-434
"TELECOMMUNICATIONS TOWERS"; PROVIDING
FOR DEFINITIONS; PROVIDING FOR FINDINGS
AND INTENT; PROVIDING FOR APPLICABILITY;
PROVIDING FOR LOCATION; PROVIDING FOR
PERFORMANCE STANDARDS/DESIGN CRITERIA;
PROVIDING FOR SPECIAL EXCEPTIONS;
PROVIDING FOR CO-LOCATION; PROVIDING FOR
ABANDONMENT; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission of the City of
winter Springs, Florida has determined it to be in the best
interests of the health, safety and welfare of the citizens of
winter Springs, Florida to regulate the location, design and
other matters relating to Telecommunications Towers in the
City of winter Springs, Florida; and
WHEREAS, the Code of Ordinances of the City of
winter Springs does not provide regulations which reflect
changes in technology and federal regulations for such
Telecommunications Towers;
WHEREAS, the City of Winter Springs seeks to guide and
control future development within the City to preserve and
maintain the character of its established land use and zoning
districts and has an objective (Objective B of the Future Land
Use Element in the City's Comprehensive Plan, Vol. 2 of 2)
which requires that "land development regulations shall
provide criteria to ensure such (public and quasi-public)
facilities are located and designed to be compatible with
adjacent land uses";
WHEREAS, the City commission realizes that our society is
becoming dependent
on
cellular
and
other
types
of
communication requiring transmission towers and that provision
of 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 anlor 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 ~ ~1Ye or more carrier Antennas
located on it. ................
COmmNIC1\.TION TOWER ohall mean a monopole, or an exioting
tmJer (guyed, lattice, etc.) greater than fifty (50) feet in
height and ,;;hich doeo not exceed one hundred eighty (180) feet
in height (including antenna) ,;;hich ::;upporto communication
(tranomiooion or receiving) equipment. The term Communication
Toyer ohall not include amateur radio operator'o equipment, ao
licenoed by the Federal Communicationo Commiooion. (FCC).
lIi_illlil.".
2
ciHiMiE=W'
........,......h.....
:.:.:.:.:.:.:.:.:.:.:.;.:.;.:.:.;.:.:.:.:.:.;
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
i~:i:!mi:i:F~:ii:ii:~li:~~~:im:~::~:~~:~F:i~.~i,~'g~~~. ground ~nchoro ~:E~:Bf\~B@
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 afld W$~~
ground anchors. ....,..,....~
~ oh~ll mc~n non ionizing clcctrom~gnctic r~di~tion.
PANEL ANTENNA shall mean an array of Antennas designed to
concentrate a radio signal in a particular area.
STEALTH FACILITY shall mean any Telecommunications
facili ty which is designed to blend into the surrounding
environment. Examples of stealth facili ties include
architecturally screened roof-mounted Antennas, Antennas
integrated into architectural elements, and'I'~)ecommunications
Towers designed to look like light poles, mono power poles or
trees.
TELECOMMUNICATIONS TOWER shall meal1(3.Hl1l<:>l!-()P<:>~~HHt:()W.e.:L
liiiAiI_l.
television, AM/FM radio, digital, microwave, cellular
telephones, or similar forms of electronic communication. mmg
I!!l!~~i!~~E~I~::~:s~::f~~~:Jl\~,!e~,tl\M',!_l
:iihfeGlh'a:'s 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
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 thrcc~::w.Mg or more carriers) to avoid
proliferation of.......f6wers 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,
:ov.m.''':'-e.s....
~1ffl~~&~{::.:.;:~.:::.lf~
..,...........................
4
(c) Applicability.
(3)
(4)
(I)
All new Telecommunications Towers ~:nm!~!!!~:n$gnn:?i;'~ in
the City of winter Springs shall.....he.....s{ih:fe'Cf. to
these regulations and all other applicable
regulations. For purposes of measurement,
Telecommunications Tower setbacks as listed in
subsection (g) (1) and oeparation diotanoeo ao
lioted in 3uboeotion (g) (2) shall be calculated and
applied to facilities located in the City of winter
Springs, 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 (g) (12) .
All Telecommunications Towers existing on ,
~ W:Q!Q!/l! (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 ao a opecial exoeption 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.
Cd) Location, Permitted Uses and special Exceptions.
(I) Telecommunications Towers shall be aft allo~ed
'~+ii,~II~iP\.!:f!'!f!!!!
Cpringo: Induotrinlj Public Buildingoj utility
~~~~~~ l~trieOantOdr t\~dij~::~:~~~~::f:~P8::j::::::::::~lii'~} @.~i~f.q~1!]:~~
g~t1~AA~:~:~!~~&:m:*:~~:1i:gn~:::::!lgffigtM:':::m~:m::::::~E~~+m.f:::""""""""""''''''''''''''''''''''
* City of Winter Springs Wastewater Treatment
Plant #l\West Plant.
* Proximate area of the Seminole County School
Board Consolidated Services Facility (aka Bus
Barn) .
* City of Winter Springs Wastewater Treatment
5
PlantlWest 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 or ote~lth f~cility shall be the
permitted type of Telecommunications Tower within
m~iB~i~~~:::::::~~i~'::i::~~:1J~:qii~~~':i~j:.ti~~;::~::.~ffillll~:~:~mmm~~ffign~i
(3) Other typeD of Te:t.~<?(?l:lll'fltlTl~<?~'t:.~~n Tm;ero ( i . e.
l~ttice, guyed etc. t.t&.g#:~&tt::::~@i~#;f.O oh~ll require ~
:Jpeci~l exception ....~1'5..............rnCfI65.fC'2f. in Ch~pter 20
Divioion 3 Bo~rd of ~djuotment Sec. 20 82 through
20 83 of the Code of Ordin~nceo, City of winter
Springo.
ifl./JiiJ III
(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 andlor 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. ~nd
~~~r~~~d c~:':~:~:~~:~~:~'g:~,~.~:~~:':ge b~i;~e b~rf~~~~g p~~~f~;m~~~
requeoted.
(f) Applioation for opcoial C][ocption and building pcrmit
rcqucoto.
Applic~tiono for opeci~l exception oh~ll be :Jubmitted to
the L~nd Development Coordin~tor ~nd building permit
requeot oh~ll be oubmitted to the Building Offici~l.
(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
loca:t~<:1, unleoo the requirement:::; of Cub:::;ection
(e)::~:g:),::: (2) require ;J. gre;J.ter oetb;J.c](.
b. The setback requirement shall be ten (10)
feet.
(2) 8ep;J.r;J.tion of tovero from off :::;ite u:::;e:::;.
;J.. neoidenti;J.l uoe (oingle f;J.mily/multi
f;J.mily /mobile homeD) \:hich io pl;J.tted or h;J.o ;J.
v;J.lid oubdivi:::;ion pl;J.n vhich io not expired
tvo hundred ;J.nd fifty (50) feet from ;J.n
l:ii~iiill~i~$i~~~h~i_1I
b. V;J.c;J.nt, unpl;J.tted reoidenti;J.lly zone property
b:o h undr ed f i ft Y ( 250) feet. ::::::::'!t:h~:~n1::2.:t;!m;~#!
1~~:~!:!,:~;:~g9E:::::::::::mB::::::::::::%:nm:::::.::::~:m&m~::::::::::~:p~m'::::::::~n.s::::.,:~:~gR8~:~M
c.
Non re:::;identi;J.lly
reoidenti;J.l uoe
;t.;q!~:q~::::fIgJ.;:t;.m:~:::;::
.......................................,.........
..................................-............,.
zoned l;J.ndo or non
none .~~:::.:::+E:~:g:g::.::.g.~~~:~ ::~:a:::::::tHg
d. Cep;J.r;J.tion diot;J.nceo m;J.Y be reduced by the
De~:elopment Revie\J Committee \:hen not;J.rized
\:ri tten conoent io obt;J.ined from tho:::;e
;J.ffected property mmero \:i thin the ;J.pplic;J.ble
oep;J.r;J.tion diot;J.nce.
(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 andlor have
received the City of Winter Springs land use
or building permit approval after ,~
:X~:Q::7: (the effective date of this ordinance).
'ifhe{':"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.
b. ~.~.c:,H.Hlll~nimum :::;ep;J.r;J.tion di:::;t;J.ncet.:9~::::::J~:~:qg:!.~h
'~~~:!~nci 1 ~~~~~ o:n f ;~~e~~:E~:~:~:~H~iiii~;;::i::i~~;~~~:~
7
Tp:g#::::::::::;:('gj'::'Ci:)::::::::t~;tlp]H:.~::a::;:::::;::g&9:!:.f+~n:::::W9g9~.q:::::::m;7#.&::::=::Jig
:!il!!!I:i:I!~!I!!;i!ilii!!i!i!i!li!:~!i!~!I!I::~:;:::::~~:~;~: w~:~m
c. The oeparation diotance may be reduced by
opecial exception ao defined in Chapter 20,
Divioion 3. Board of Adjuotment, sectiono 20
76 through 20 84 of the Code of Ordinanceo,
City of winter Cpringo, Florida.
d. The proximity to other exioting
Telecommunicationo 'I'O\Jero ohall be a factor
conoidered and addreooed during the opecial
exception hearing for any propooed
Telecommunication:) Tm.;er.
(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 planes) are required and shall be
submitted for approval as defined in Chapter
20 Zoning (if applicable) andlor 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
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
wp~iw.ng capacity, number and type of antennas
Tt.............Ca"ri 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
8uperimposed ~ eM the tower.
d. All new Telecommunications Towers, and those
existing towers to be modified, shall have the
capability of having space for three :RWyg or
more carriers. One of these spaces shaIT be
~.i~iil;;~11i1_j..
e. Further, any improvements andlor additions
(i.e., Antenna, satellite dishes, etc.) shall
require submission of a site plan signed,
sealed and dated by a professional engineer
licensed in the State of Florida which
provides substantial competent evidence of
compliance with the EIT/TIA 222-E Standards
ASCE 7-95, "Minimum Design Load for Buildings
and Structures", (Wind Loads Chapter), as
published by the American Society of civil
Engineers, and further defined by ASCE 7-88,
"Guide to the Use of the Wind Load
Provisions", both which may be amended from
time to time, in effect at the time of said
improvement or addition.
(8) Public Notice.
For purpooeo of thi8 ordin~nce, N:9@4:9.;~:::::;::;;:;gt: any
Ii';;
'ii:~~~~:~:;:;:.:IIII~!IIIi-I':liill~l~l~II'II:!::~~I~llilillll!ll~
9
mw.p~#.::::::::::::::g:w.:~~:~t::::::::I:Y@$:::~:::::::::::::::nWJ.:~::I:J::::::::::::::::::~p.:i1.:::::::::::::#g::::::::::::#.hg]:::::::::mfi~p:i1.:U::::;::p.@
g:!:i1g@~s;m~::::::::::::::::::::::!9:F.t:::::::::::::::::::::::~g:Wy::::::::::::::::::::::::;r@:g,9gn:w:~g~::::::::::::::::::::~9m.:gp:h@gti:~
a'SsObiiitktbb:eM.......................................................................................................................................................................
..........-..-..................................,
...-.............................................
.-...-..............................,..........'.....'...........'....,............'..............
(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 fencelwall for signs or advertising
purposes, including company name, banners,
streamers, etc., shall be prohibited.
(10) Fencing.
a.
~a 'f\:P~g€::::::Pf9~\~~.9th~~a ieni-glhitk ( 8 ~ e~ceeet o~n m~!,~~,
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, may$.n:~m:~ be
installed along the top of the fence':Or:tJ:all,
but shall not be included when calculating the
height of the fence or wall.
Access to the tower through the fence or wall
:~a ~ i I b~ i;~~oi~~~:::::f.~i1~#r.~::~r~~:B~::~~1.~~~::::::~ti9~~~W.~fi
9:~:~pp:t:gf!]:=..@.~g::::::pmw:~M::::@:il.i.&g:::::::W:~::::::U:~&:::::::pgw:ng::::@:9:9.gp:!:@g
lilli'llllllli~i~ill!!!I!II~\I(~l[~~!I~I~III%:E:g~::::::::8W:n::en.:~
(11) Landscaping.
b.
The visual impacts of a Telecommunications Tower
shall be mitigated for nearby viewers through
landscaping or other screening materials at the
base of the tower and ancillary structures in order
to maintain visual aesthetics for those who must
view the site on a regular basis including, but not
limited to, proximate residents and the travelling
public. The following landscaping and buffering
requirements shall be required around the perimeter
of the tower and accessory structures;
a. A row of shade trees of minimum of eight (8)
~:~t a~~ll oR~~W~:,,:*:~:::~E:~'~~i:i:~:':~~~:!!::::::9fg:.::i:~'f:'~!~:
and a maximum of ten (10) feet apart shall be
planted around the outside perimeter of the
fence/wall;
10
b. A cont inuous hedge :~:n:~:W:W::::::p~M::::::p:ill:~np;g~::::::::~:n::::::@p;gPw.
S.$.::::#hj~:::::l:#gg:::::::$.:~:m:~::::::;mg:~&;m@1M#.~a.::::A$S.V.j~:;:::::~#::::;$.fi;~J.m;:::$~
~(f::.::te~n;:t::'tJi:I'F€,y:':':':':'{j"'6Y::':':'I:h2hes:::hl'gh<:&t:::::i>:Yahflhg
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 ownerloperator 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.
.
m6Urifea......a:rif.eririas 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 8:m::::::::~BEE8F:~:Wg&.;.::*~FE9:@p'pg;
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. aflY No':;' ;.more'Y:': .-qhan....:.::one:..... t11:'::::::t:fJ::t::~:! rel~ted
unma nned ..eq\:iipine"Til....huIlding..shiirr...fl&E- co n t a i n
more than seven hundred fifty (750) square
ii~~;~li,~i._tlili
~B:W:+a:%:n9:::::I:m@~~B:#m$B:#:i:.r.....a'ri(f.......................................................................
g. if the equipment building i:; loc~ted on the
roof of the building, the ~re~ of the
equipment building oh~ll not occupy more th~n
twenty five (25%) percent of the roof ~re~.
(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,
~:ng;::.::::~~~:::::::~n::::FE9&E~:~.~ .
(14) Schedule of structural Integrity
Telecommunication Tower ownersloperators 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:
@:~:~::::::::::::.:lljiill~jliilillllli~II~':.::::::.::::g:D:.@:::::.:::::*~~m::.:..::.:.:~:F:B:~m
(b) monopole towero
(5) years;
A;X.::~:::::::~9N@P* every five
(c) ~ny other type tm..er
ye~ro.
e'Jery b.'o ( 2 )
OOI!~I!lllt~._i..
(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,
explosive, or hazardous wastes such as LP gas,
propane, gasoline, natural gas, and corrosive or
dangerous chemicals.
(h) Co-location of Communications Antennas.
IJIIIi_ii\ii~aI1ii
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13
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
cncour~gcd to, co-locate
Telecommunications Towers.
(2 )
(3)
may
~~
(4) Onsite-Iocation.
a.
being
14
8:~:':.::::~fl:B::':.::~;9~f8E:::::::~:~:ql;:::.:~Jl8:::::::EE;gp:iiE.~M::::::~:~nii:'i.;
b. After a Telecommunication Tower is rebuilt to
accommodate Co-location, only one (1) tower
shall remain on the site;
c. The onoite reloc~tion of ~ Telecommunic~tiono
~~~~~~~Jr~~h d~;:~:cd~~?€~::::::~~6B~f:~~~'~~~Ti ~~i~o t~~
reoidenti~lly zoned l~ndo ~o eot~bliohed in
ouboection (g) (2) ohull only be permitted yhen
not~rized \Jritten conoent io obt~ined from
thooe ~ffected reoidenti~l property mmero.
(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 andlor affidavits from the
Telecommunications Tower owner/operator regarding
the issue of tower usage. The Telecommunications
Tower owner loperator shall provide all requested
iliii~iii\W~4tijl\__
6'wri'eF/6peFa-t6f.... of the tower shall have an
addi tional one hundred eighty (180) :n!w.ngAAM :;{:@:g:);:
days within which to: (i) reactivate......€he...'Use......6t'
the tower or transfer the tower to another
ownerloperator who makes actual use of the tower,
or (ii) dismantle and remove the tower. wi th
regard to towers that received special exception
approval, one hundred eighty (180) :n~;m~my: ::(@@):;
days after dismantling or the expirafT6ri"Of'fhe
:x;~::~;~;~ ~~~d~~~ i~~d a~ i:;l f~,~\q~~%"~::I~':!'~'l~n ~ 3 ~~~
s'];>'e'c'Ial exception andlor variance for the tower
shall automatically expire.
15
(2) The. ..City....()f winter Springs, ~t thi:::; point HP:e:m
a;'bariddnmerdi, and at its discretion, may assume
'Ow:h'et?'liarrp""'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 I'crform~ncc BondgpPP:9PP:$.gP~:::::::$p;rD~@:Y:::::::::$.:n~t:.P9J,-,gn@
to a s sure d i smant 1 ing......C.O's'ts........shiirr..lle.....pio.vIcl'ea...Oy
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
16
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