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HomeMy WebLinkAbout2007 02 12 Public Hearings 200 Ordinance 2006-12 Second Reading Amenda City Code Section 20-451 Telecommunication Towers and Antennas CITY COMMISSION ITEM 200 Public Hearing February 12, 2007 Meeting REQUEST: The Community Development Department - Planning Division in cooperation with the City Attorney request that the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2006-12, which amends City Code Section 20-451 regarding telecommunication towers and antennas. PURPOSE: To enhance the quality of personal wireless services that are provided to the citizens and businesses of Winter Springs by potentially allowing additional locations for telecommunication towers and/or other appropriate wireless service facilities. APPLICABLE LAW AND PUBLIC POLICY The Federal Communications Act. Section 2 (b)' Article VIII. of the State Constitution (Florida Municipal Home Rule Powers Act). Section 365.172. Florida Statutes (Wireless Emergency Communications Act). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Code of Ordinances. particularlv Chapter 9 and Chapter 20. Winter Springs Comprehensive Plan. CHRONOLOGY: Mar. 7.2005 City Commission Workshop on Cell Towers Jan. 23.2006 Commission authorized an independent assessment by Arthur K. Peters Consulting Engineers regarding the possible need for alternative cell tower sites in the City Apr. 24. 2006 Report presented to the City Commission, resulting in a pending ordinance. Sept. 7.2006 Preliminary draft of Ordinance 2006-12 presented to the City Commission for comment. Nov. 23. 2006 Noticing in Orlando Sentinel ofLPA Public Hearing Dec. 6. 2006 LP A heard the request and made recommendation of Approval re: Ord. 2006-12 Jan. 10.2007 Noticing in Orlando Sentinel of City Commission Public Hearing for First Reading Jan. 22.2007 Public Hearing for 1st Reading of Ordinance 2006-12 Jan. 31. 2007 Noticing in Orlando Sentinel of City Commission Public Hearing for 2nd Reading February 12,2007 Public Hearing Item 200 Page 2 of 3 CONSIDERATIONS: · Staff has received inquiries about the need for other possible cell tower sites in the City; · Technological changes in the cellular phone industry have occurred since the code was last updated; · The Commission directed an independent study by Arthur K. Peters Consulting Engineers to determine if alternative cell tower sites were needed in the City; · After presentation of the consultant's report, the Commission directed that the Code be revised to address the concerns raised in the report; · A preliminary draft of the ordinance was presented to the City Commission for comment in early September. FINDINGS: The proposed ordinance primarily addresses the location requirements for new towers. A list of eight (8) development standards are included relative to the location requirements: 1- Towers shall be located as far as technically possible 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; 2- To the extend feasible, the lowest height technology shall be incorporated...; 3- Towers shall be erected to a height that is the minimum height necessary to technically serve the applicant's needs... 4- The most effective stealth technology shall be incorporated; 5- That location shall be the least visually intrusive location in the community; 6- The tower shall be located in an area where the visual impact on the community is minimized to the greatest extent practicable; 7 - Antennas shall be close-mounted or concealed; and 8- The visual impact of all towers shall be reduced or eliminated to the maximum extent possible by concealment, camouflage, and disguised. Each proposed location is further considered based on a tiered zoning scheme. Tier one locations are permitted. Tier two and three locations are considered conditional uses subject to the conditional use section of the City Code and City Commission approval. Construction of new towers are also subject to applicable land development regulations and building code requirements In addition, the application requirements have been enhanced to specify which information is required to permit the City to make an informed decision. P&Z/LOCAL PLANNING AGENCY RECOMMENDATION: At the regular Meeting of the P&Z/LP A the Board recommended Approval of Ordinance 2006-12, which amends City Code Section 20-451 regarding telecommunication towers and antennas. ATTACHMENTS: A. P&Z/LPA Minutes B. Noticing in the Orlando Sentinel -2- February 12,2007 Public Hearing Item 200 Page 3 of 3 C. Ordinance 2006-12 COMMISSION ACTION: - 3- ATTACHMENT A CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING DECEMBER 6, 2006 CALL TO ORDER The Planning and Zoning BoardlLocal Planning Agency Regular Meeting of Wednesday, December 6,2006 was called to Order at 7:00 p.m. by Chairperson Rosanne Karr in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Rosanne Karr, present Vice Chairperson Linda Tillis, present Board Member Tom Brown, present Board Member William H. Poe, present Board Member Denise Ryser, present After a moment of silence, Chairperson Karr led the Pledge of Allegiance. PUBLIC INPUT No one spoke. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. Not Used. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division And Office Of The City Attorney Request That The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance Number 2006-12, Which Amends City Code Section 20-451. Regarding Telecommunication Towers And Antennas. Mr. Randy Stevenson, ASLA, Director, Community Development Department briefly spoke about this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - DECEMBER 6, 2006 PAGE 2 OF 5 Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department introduced this Agenda Item and handed out a Map on Cell Tower Sites. Referencing the Master Planning Map, Ms. Sahlstrom said, "The one that is in the Code - it actually has an error on it so, we probably want to Amend the Map that is included in the current Ordinance." Ms. Sahlstrom said, "The four (4) sites where Cell Sites are currently permitted and the new Ordinance, allows those to be Permitted locations without being considered as a Conditional Use." Ms. Sahlstrom displayed a Powerpoint presentation of the Cell Tower locations. Ms. Sahlstrom said, "The 'Implementation Schedule' that I included in your Agenda Packet is incorrect. I had misunderstood, an Agenda Item that the City Manager was taking forward on Monday night - this is not going forward on Monday night." Ms. Sahlstrom added, "You have time to give your comments and for the Minutes to be prepared and it will not go forward until the first Meeting in January with the Commission, assuming you make your Recommendation tonight." City Attorney Anthony A. Garganese arrived at 7:05 p.m. Ms. Sahlstrom said, "We had a request from Mr. [Advisory Board Member Tom] Brown for a copy of the Map that is referenced in the Ordinance, and when I pulled that Map I remembered back from 2005 that there was a scrivener's error on the Map that is included in the Ordinance, so I passed out copies of this graphic that I had prepared with the Powerpoint presentation - that references those four (4) Permitted locations." Ms. Sahlstrom added, "So, we will probably need to Amend that as part of the Ordinance, just so they are correctly identified." Attorney Garganese said, "This is coming to you at the direction of the City Commission - we received a Report which is referenced in the Ordinance regarding coverage in one (1) particular area of the City and the Commission directed that we go back and take a look at a possibility of allowing additional Sites for towers to provide some extra coverage where needed and that was the Ordinance that was put together. It was not a Comprehensive overhaul of the Ordinance. The Amendments were specifically related to locational requirements and we added some provisions regarding Application requirements just to clarify a few administrative matters." Discussion. Regarding the locations, Attorney Garganese said, "Tier One. is Permitted as a matter of right. Those are the Sites that are currently indicated in the Ordinance. So, they are given Permitted Use status and then you have two (2) other Tiers. Both of those Tiers are given Conditional Use status, but Tier Two. takes priority over Tier Three. In other words, you can not go to Tier Three. unless you can prove by - substantial evidence that Tier Two. sites are not available." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - DECEMBER 6, 2006 PAGE 3 OF 5 Discussion. Chairperson Karr opened the Public Input portion of this Agenda Item. Ms. Mary Doty Solik, Foley & Lardner LLP, III North Orange Avenue, Suite 1800, Orlando, Florida: as Legal Counsel for Vertex Development Inc., Ms. Solik spoke in favor of this Agenda Item. Chairperson Karr closed the Public Input portion of this Agenda Item. "I WOULD BE GLAD TO MAKE THE MOTION THAT THE LOCAL PLANNING AGENCY FORWARD THIS TO THE CITY COMMISSION - STAFF'S RECOMMENDATION FOR APPROVAL AS IT IS PRESENTED TO INCLUDE - THE MODIFICATIONS NECESSARY TO THE MAP AS PART OF THE ORDINANCE." MOTION BY ADVISORY BOARD MEMBER POE. SECONDED BY ADVISORY BOARD MEMBER RYSER. DISCUSSION. VOTE: BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: AYE BOARDMEMBERPOE: AYE BOARD MEMBER BROWN: AYE CHAIRPERSON KARR: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 300. Community Development Department Not Used. CONSENT AGENDA CONSENT 400. Office Of The City Clerk Approval Of The November 1, 2006 Regular Meeting Minutes. "I MAKE A MOTION THAT WE APPROVE THE NOVEMBER 1ST, 2006 REGULAR MEETING MINUTES." MOTION BY ADVISORY BOARD MEMBER BROWN. SECONDED BY ADVISORY BOARD MEMBER POE. DISCUSSION. ATTACHMENT B LEGAL NOTICES ORLANDO SENTINEL THURSDAY, NOVEMBER 23, 2006 CQrt !v Avenu.; (I 2006- II au d contact Ih. H an JANUARY 10, 2007 021 Fred Hunter at 407-896-4357. S OF CONFEDERATE VETERANS, SUMMERLIN CAMP NO. 1'16: . Details: Buck Branham NOTICE OF CHANGES TO THE COMPREHENSIVE' PLAN CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT: ORDINANCE 2006-15 AN ORDINANCE OF THE CfTY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENT, REFERENCED AS LG-CPA-07-03, WHICH SHALL AMEND THE COMPREHENSIVE PLAN RELEVANT TO THE FUTURE LAND USE ELEMENT; CREATING. POLICY 1.8.4 ESTABLISHING AN EASTERN ANNEXATION BOUNDARY COMMENCING ON THE SOUTHERN BOUNDARY OF TriE SHORES OF LAKEJESUP AND RUNNING SOUTHWARD ALONG THE EASTERN MOST BOUNDARY OF THE DELEON STREET RIGHT OF WAY AND TERMINATING ON THE NORTHERN MOST BOUNDARY OF THE CfTY OF OVIEDO, BEYOND WHICH THE CrrY SHALL NOT PROCESS VOLUNTARY OR INVOLUNTARY ANNEXATIONS; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT ,OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILfTY; AND AN EFFECTIVE DATE, PUBLIC HEARING FOR SECOND READING AND ADOPTION 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, FLORIOA The proposed ordInance may be obtained by interested parties between 8 a.m. and 5 p.m., Monday through hiriay, at the City'S Clerk's Office, located ilt1126, E. SR 434, WinterSprlngs, Florida. for more informallon, call (407) 327.1800 #227. Persons work disablln!es needing assistance to participate In any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the mee'Jng at (407) 327-1800, #236. This Is a publiC hearing. Interested parties are advised that they may appear at the meeting and be heard wnh respect to the proposed ordinance. n you decide to appeal any recommendation or decision made by the City Commission wnh respect to any matter considered at this meeting, you will need a record of the.proceedlngs, and for such purposes, you, may need to ensure that a verbatim record Of Ihe proceedings Is made upon which the appeal is based. 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 CIlYOF 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 HEAHI'NG 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 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 advance of the meeting at (407) 327-1800, #23~. This is a public hearing. Interested parties 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 considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings Is made upon which the appeal is, based. , p---------------------------- CLIP-N-SAVE,----------------------------- . 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. PUBLIC HEARING FOR SECO_NDREADING & ADOPTION WILL BEHELD 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 i. 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 .near" wjth 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- beedings, and for such purposes, you may need to ensure what a verbatim record of the proceedings is made upon Which the appeal is based. , 51: SUNDAY, FEBRUARY 4, 2007 ATTACHMENT C 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 of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Code Amendment. The City of Winter Springs Code, Section 20-451, Telecommunication towers, is hereby amended as follows: (underlined type indicates additions and strikeotlt 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 ofthe 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 oflocations for telecommunications towers. Therefore, it is the intent of this section to address the recurrent issues pertaining to the approval oftelecommunications 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 subj ect 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, 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)(1l). (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: en 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; (ij) 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 greatest 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 TcleGomnnmiGations towers shall be a permitted use at the following sites (see map attachment Figure 1 dated February 12, 2007 July 14, 1997) subject to other regulations which may apply: a. City of Winter Springs Wastewater Treatment Plant #1/West Plant. b. Proximate area ofthe Seminole County School Board Consolidated Services Facility (alk/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. (2) A monopole shall be the peunitted type oft"keomnmnieations tower within the City of Winter Springs. Stealth-dcsigned monopoles arc el1comagcd by the city. 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 ofthe 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 iithe 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 onhe construction of the tower for a period of at least five (5) years. Additional telecommunication towel sites shall only be petmittcd as a conditional use. ptl1suant to this section. A plopelty dcc1Med eligible fol considclation as an additional tdeconmmnicMion towel site. is City ofWintet Splings File. Station #3 to be. 10e.Mcd on the. south side. by S.R. 434 in Tm;"awilla Tlact 15, ra1cd 3 (apPloximatdy 2,300 fcet we.st of Vist4willa Dlive.). Th" teleconmmnicatiolls tOWCI lo"atc'd on this site. shall lCqnlte. a conditional use. ftom the. Winter Springs City Connl1ission in accordancew ith this section and applicable City Code. plO v isions. The towel on this site shall not "xcecd a height of one. hundled twenty feet (120) and shall only be available as a tOWe.l site following apploval by city commission as patt of the giant of the. conditional use.. Follo wing applO v al and const:mction ofthe. foUl (4) to w e.l s de.S"1 !bcd in this subse." tion, additional towels may be applied f01 and justified in aeeOIdance with the applicable standalds fOI a conditional use. in the. City Code, as well as thes" standatds. a. The tower at proposed Fire Station #3 and any subsequent additional telecommunications 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 City of Winter Springs Ordinance No. 2006-12 Page 7 of 18 service area needs and market conditions under applicable state, federal or local laws; regulations or ordinances; d. .All such technical data shall be provided at cost to the applicant. The city may, in approximate. cases in its sole. discretion, retain the service, of technically competent consultants to evaluate the data submitted by an applicant to justify an additional tower pursuant to this ordinance. The applicant shall post a deposit with the city manager or his designee in a sum such that the applicant for the additional telecomnnmication 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 conditional use shall also be ,considered by the. plannlng and zoning board which shall make a recommendation to the city commission concerning said ,conditional use, and f. Additional tower sites shall be.. (i) Located as 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 excceding 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 heightmeasured 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 section. (e) Site plan; Application; Technical Supporting Data. ill Any telecommunications company or entity that intends to install a telecommunications tower in the city shall file a site plan for review and approval by the city in accordance with the city code. All proposed towers requiring conditional use approval shall be reviewed by the board of adiustment for compliance with this section and other applicable provisions ofthe 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 (DBH), and height of existing and/or proposed trees within a 75-foot radius of the 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. j. 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 of the 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 ofthe City shall be present at the proposed site for purposes of evaluating the test. ( 4) For purposes 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 of technical review of such tower by city's consultant. c. Initial review of any additional telecommunication tower sites shall be by the city's development review committee. The conditional use shall also be considered by the planning and zoning board which shall make a recommendation to the city commission concerning said conditional use; and (as defined in Chapter 20 "Zoning", if applicable [THIS PAGE INTENTIONALL Y LEFT BLALNK and/-or Chapter 9 "Land Development" Code of Ordinances, City of Winter SpIings) with the land development review committee (f) Performance standards/design criteria. (1) Setbacks. a. Telecommunications tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. b. The setback requirements shall be a minimum often (10) feet from any lot line and shall comply with setback requirements in this section or the City Code for setbacks from adjoining uses. (2) Separation of towers from off-site uses used to calculate maximum tower height. Separation distances between telecommunications towers and the lot line of any residential zoned property shall be used to determine the maximum height of a proposed tower. The maximum height of any tower shall not exceed one hundred sixty-five (165) 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 F ederal 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 EWTIA 222-E Standards as published by the Electronic Industries Association, which may be amended from time to time, ASCE 7-95, "Minimum Design Load for Buildings and Structures," (Wind Loads Chapter), as published by the American Society of Civil Engineers, and further defined by ASCE 7-88, "Guide to the Use of the Wind Load Provisions", both which may be amended from time to time, and all City of Winter Springs construction/building codes as indicated in a statement signed, sealed and dated by a professional engineer licensed to practice in the State of Florida. c. Such statement shall also describe the tower's capacity, number and type of antennas it can accommodate. No tower shall be permitted to exceed its loading capacity. For all towers attached to existing structures, the statement shall include certification that the structure can support the load imposed by the tower. d. All new telecommunications towers, and those existing towers to be modified, shall have the capability of having space for three (3) or more carriers. Upon request by the City, 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 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. 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 often (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 ofthe tree line referenced above; it shall be at least thirty (30) inches high at planting capable of growing to at least thirty-six (36) inches in height within eighteen (18) months shall be planted in front of the tree line referenced above; c. All landscaping shall be of the evergreen variety being a minimum quality of Florida #1. d. All landscaping shall be xeriscape tolerant and shall be properly maintained by the telecommunications tower owner/operator to ensure good health and viability. The use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute or supplement towards meeting landscaping requirements. (11) Antennas on buildings. Stealth rooftop or building mounted antennas shall only be permitted after buildout to three (3) co-locations on each of the four (4) tower sites indicated in subsection (d) above. After buildout occurs, then s 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 ifpublic 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 ofthe 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 ofthe 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 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 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-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 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 ofthe 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. Ifthe 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 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 Tdecommunieations towelS shall be a p~I1lIitted use at the following sites (see map attachment Figure 1 dated February 12, 2007 July 14, 1997) 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. (2) A monopole shall be the peunitted ty pc oftdecommunications to \'Vcr ~ithin the City of Winter Springs. Stealth-designed monopoIcs roe encomaged by the city. 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. Additional tekcommuni(,ation to WGI sites shall only b(, permitted as a conditional use pt1Isuant to this sCC,tion. A property declated eligible for consideration as an additional telecommunication tower site is Ciry of Winter Springs rire Station #3 to be lo(,ated on the south side by S.R. 434 in Tus(,awilla Tract 15, Parcd 3 (approximately 2,300 fect west of Vistawilla Drivc). The telecommunications tower lo(,ated on this site shall lequire a conditional use flom the Wintcl Springs City Commission in ac(,ordal1(,ewith this section and applicable City Code pro visions. Thc towel on this site shalll10t excecd a height of one hundred twenty feet (120) and shall only be available as a tower site following approval by city commission as pal1 of the, grant of the conditiohal usc, rollowing approval alId construction onhe foUl (4) towers described in this subse(,tion, additional tOvvers may be applied for and justifkd in accordance with the applicable standards for a conditional use in the City Code, as well as these standards. a. The tower at proposed rire Station #3 and alry subsequent additional telecommunication towcr is required for public safety communication needs, or b. Technical data i:5 prc:5cntcd by an applicant indicating that thc propo:5cd tovvcr ig thc only tec1micall y fGasi b le a v ailab Ie site to assUl e tdecomm unieati 0 ns 5er v iccs co v er agc needs to at ea (,itizens, and c. Such technical data :5pcdficd in :5ub:5cction b., above, ig not for :5pcculati-vc, untried telecommunications uses but is for (,Ullent t(,(,hnology re(,ognizcd or appro ved for City of Winter Springs Ordinance No. 2006-12 Page 7 of 18 ser vice Mea necds and mMket conditions undcI applicable state, &dcral or local laws, rq~ulations or ordinances, d. All 3ueh tedmical data 3hall be pro'v'ided at e03t to the applicant. The city may, in approximate cases in its sole discrction, retain the selv ice of technically competent consultants to evaluate the data submitted by an applicant to justify an additional tower pU1suant to this ordinance. The applicant shall post a deposit with the city manager or his designce in a sum such that the applicant for the additional telecommunication tower pays the full cost of technical ICview of such tower by ciry's eonsultant,and c. Initial fey icv{ of all)' additional telecommunication tovver 3ite3 3hall bc by the citY'3 devdopment review committc:c. The conditional use shall also be considered by the planning and zoning board vvhich shall make a rccommGndation to the city commission concerning said conditional use, and f. Additional tower sites shall be. (i) Located a3 far 5:3 p033iblc from rC3identially :zoned property (and at lc5:3t the mihimum set furth in this ordihancG), and (ii) Erected to a height that i3 the minimum height neee33ary to technically 3crve the applicant's needs, but not exceeding the lesser of 011G hundled sixty-five (165) 01 a height eakulated based on a tower sctbaGk of one hundred twenty-fi ve (125) percent of the tower hdghtmeasUIed at grade from thG base ofthc tower to the closest rGsidcntially zonGd property linG, and (iii) The U3e of 3tcalth to'y'ycr i3 encouraged in accordance vvith thi3 3ection. (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. e. Initialrevkt'V of any additional tekcommunkation towo sites shall be by the city's development rCview committee. The conditional use shall also be considered by the planning and zoning board which shall make a recommendation to the city commission concerning said conditional use, and (as defined in Chapter 20 "Zoning", if applicable [TIllS PACE INTENTIONALLY LEFT DLANK] and/or Chapter 9 "Land Development" Code of Ordinances, City ofWintcl Springs) with the land developmcnt coordinator. Said site plan shall be revkwed by tIIC development rCview committee. (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 100ftop 01 building mounted antGnna5 511all only be pGlmittGd aftel buildottt to thlce (3) co-location5 011 caeh of the fotH (4) towel 5ite5 indicated in 5tthsec,tion (d) aho ve. Aftel buildotrt oeems, theh ~ ,S.tealth 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. ATTEST: ~ " Approved as to legal form and sufficiency for the City Onter Springs only: ~ o 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 ~ O<d) CI Ole) w. EFFLUENT OSAL SITE ,