HomeMy WebLinkAbout2006 12 06 Public Hearing 200 Telecommunications & antennas Ordinance 2006-12
PLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
ITEM 200
December 6. 2006
Meeting
Consent
Information
Public Hearin
Re lar
x
REQUEST: The Community Development Department - Planning Division in cooperation with
the City Attorney request that the Planning & Zoning Board/Local Planning Agency hold a Public
Hearing for 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/~r other appropriate wireless service facilities.
APPLICABLE LAW AND PUBLIC POLICY
The Federal Communications Act.
Section 2 (Q). Article VIII. of the State Constitution (Florida Municipal Home Rule Powers Act).
Section 365.172. Florida Statutes (Wireless Emergencv 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. particularly Chal'ter 9 and Chapter 20.
Winter S'9rings 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 Public Noticing in Orlando Sentinel ofLPA Public Hearing
Dec. 6,2006 LPA to hear the request and make recommendation re: Ord. 2006-12
CONSIDERATIONS:
· Staffhas 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
November 1, 2006
PUBLIC HEARING AGENDA ITEM 200
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
City Commission approval.
In addition, the application requirements have been enhanced to specify which information is
required to permit the City to make an informed decision. .
STAFF RECOMMENDATION:
Staff recommends that the P&ZlLocal Planning Agency hold a Public Hearing and recommend
adoption to the City Commission related to Ordinance 2006-12, which amends City Code Section 20-
451 regarding telecommunication towers and antennas.
IMPLEMENTATION SCHEDULE:
December 11, 2006- 151 Reading Public Hearing of Ordinance 2006-12
December 28, 2006- Public Noticing in the Orlando Sentinel
January 8, 2007- 2nd Reading/Adoption Public Hearing
ATTACHMENTS:
A. Ordinance 2006-12
P&Z I LOCAL PLANNING AGENCY RECOMMENDATION:
-2 -
ATTACHMENT A
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 vrn, of the 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 ofthe 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
sttikcout 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 17
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 17
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 teleconui1unications 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:
(I) 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 17
'-.-~
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.i....:-
(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)( 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)(1I).
(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:
(n 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;
(in To the extent technically feasible, the lowest height technology shall be
City of Winter. Springs
Ordinance No. 2006-12
Page 4 of 17
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
sixtv- five (165) or a height calculated based on a tower setback of one hundred twentv-
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; 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
TekconuTIunkatiolls towelS shall be a peHuittGd uso at the following sites (see map
attachment Figure 1 dated 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
(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. pClnlitte.d type. oftde.commumc.ations tOWCI 'Within the. City
ofVlintGI Springs. Stc.alth-dcsigncd Illonopolc.s aI, c.ncomagcd by the. Gity.
(311) 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
City of Winter Springs
Ordinance No. 2006-12
Page 5 of 17
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) a church steeple or other type structure; or
d. Upon 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
by 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.
(Hi) 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:
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 including a golf course and areas of property
which have been designated conservation by perpetual easement and on the city's future
City of Winter Springs
Ordinance No. 2006-12
Page 6 of 17
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.
Additional telccomnmnkatian towel sit"s shall only be pe.ullitte.d as a conditional use
pmsuant to this section. A ptopelt)i dc,c1me.d e.li~ible fOI GOllsidGIation as an additional
te.lccommnniGation toWe.I site is City onVintGl Splin~s File Station ft.3 to bc 10catGd on
the south side by S.R. 434 in TusGawilla THlGt 15, rMGcl 3 (apptoximatdy 1,300 feet
we.st of Yistawilla DIivG). Thc telecommunications tower 10Gatcd on this site. shall
Ie.quilc a Gonditianal use. flam the. WinteI SpIings City Commission in aceoldMlee.w ith
thi55cGtion MId applicable. City Code plO v isions. The toWe.I on this site. shall not exceed
a height of one. htmdted twenty feet (120) and shall only be available. as a tOWCI site
following Apploval by dry conunissioll AS pMt of the giAnt of the conditional use.
Following applovM and Gonstmction of the rom (4) towels de.scIibed in this subsection,
additional towelS LnIl'Y be applied rei and justified ill accoldanGG with the, appliGabk
standalds rei a Gonditional use in thc City CodG, as well as these StMldalds.
a. The. towel at pIoposed Fite. Station ft.3 and any subseqaent additional
tdccOmmtl11ication towel is lequilcd [01 public safct)i GOIn11ltl1iic.ation necds, or
b. Technical data is presented by an applicant indicating that the proposed t-ower is the
only teclmically f"a5ibk availahle site. to assme. tdccommmt1Gations sel viGes cOvelage
needs to Me.a dtiZe.llS, and
c. Suoh teclmical data ~ecified in ooesection e., above, is not fer specalati'/e, untried
tekcollllIlUlt1Gations uses but is 001 e11nent tGchnology Ieeognized 01 apploved fOI
SCl vke Mea nc.cds and mMket conditions under applicable state, fedWl:I 01 local laws,
le.gulc!rtiolls 01 oldinMlccs,
d. .\11 such technioal data shall ee provided at cost to the applicant. The city may, in
apploximate. cases ill its sok diSGIe.tion, Ie.tain thG se.nice. of technically competent
consultants to evaluate thc data subntitted by an applicant to justify all additional towel
pmsuant to this OIdinaIIcc.. The applicant shall post a deposit with the city managel 01
his de.signcc in a sun} such that the applicant fot the additional tdccomnmnie.ation towel
pays the. full cost ofte,cl1nicallcvie.w o[such tOWe.I by cit)i's eOIlsultant,and
City of Winter Springs
Ordinance No. 2006-12
Page 7 of 17
----:::--~f
e. Initial F6,fiew sf any additional teleeomFm:Ulieation tower sites shall be by the city's
developmcnt Ie.vie.w e.omrnittc.e.. The conditional tlS' shall also be cOllsidclcd by the
planning and zoning bOMd which shall make. a I,commcndation to the city commission
conccming said conditional tlse., and
f. Additional tOWCI sitcs shall be.
(i) Lscated as far as possible from residentially ZORea prsperty (and at least the
minin'ttun set fmth in this OIdinm,,), and
(ii) Erected to a height that is the minimum height necessary to tech.-ucally serve the
applicant's llGCds, bat not e,xGC"ding the lesse! of one hOllm"d sixty-fiv' (165) 01 a
height e,aknlate,d bascdoll a towel sc.tback of on" Imnme,d twenty-file (l~5) pelccllt of
the, toW,! height mcasmcd at glad, flom the base of the towel to the. closGstlesidcutially
zoned pl0pClty line, and
(iii) The lise of stealth tower is eRcouraged in accordance with this section.
(e) Site plan; Application; Technical Supporting Data.
ill Any telecommunications company or entity that intends to install a
telecommunications towerin the city shall file a site plan forreview 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 of the city code. Upon review, the board of adjustment
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
be processed within the time frames required by law. Additionally, at a minimum, the
following information shall also be provided by the applicant:
a. N arne, address, telephone number, and original signatures of the applicant and all co-
applicants.
b. Detailed description onhe request.
c. Location information including legal description of subiect property. parcel
identification. geographic coordinates, and name of nearest roads, street addresses, or
other landmarks.
City of Winter Springs
Ordinance No. 2006-12
Page 8 of 17
d. Scaled elevation and engineerinJ?; drawinJ?;s depictinJ?; the proposed tower and related
facilities includinJ?; all mounts. antennas. collocation spaces. and equipment facilities.
e. A current property appraiser aerial delineatinJ?; 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 identifvinJ?; the type,
size (DBH). and heiJ?;ht of existinJ?; and/or proposed trees within a 75-foot radius of the
proposed tower and related facilities.
J?;. Future land use and zoninJ?; desiJ?;nation of the subject property.
h. Any applicable letters of approval for the proposed request received by the applicant
from any other J?;overnment aJ?;ency includinJ?; the FAA. FDOT. and FCC (if permitted
by law).
i. Documentation oflocation and site selection process. includinJ?; 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 J?;aps in coveraJ?;e where the applicant desires to erect a tower.
In addition. technical data and maps demonstratinJ?; any other proposed. existing. and
authorized towers in the service area as the proposed tower and related facilities.
(3) The applicant shall provide a visual impact report that provides a line-of-siJ?;ht
analysis inc1udinJ?; scaled and colored front. side. and rear elevation drawinJ?;s or
photographs that depict the proposed tower and related facilities. The drawings or
photographs shall also depict any siJ?;nificant 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 consistinJ?; of a minimum of two hour balloon test, which
shall demonstrate the maximum height of the proposed tower. The balloon test shall be
scheduled with the City and representatives ofthe City shall be present at the proposed
site for purposes of evaluatinJ?; the test.
(4) For purposes of demonstratinJ?; technical feasibility under this section 20-451. the
applicant shall be required to submit. in conjunction with a site plan application and to
the extent permitted or required by law. technical data indicatinJ?; that the proposed
tower is the. only technically feasible available site to assure telecommunications
services coveraJ?;e 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. reJ?;Ulations 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
City of Winter Springs
Ordinance No. 2006-12
Page 9 of 17
applicant to iustify an additional tower pursuant to this section. The applicant shall post
a deposit with the city mana~er or his desi~ee in a sum such that the applicant for the
additional telecommunication tower pavs the full cost oftechnical review of such tower
by city's consultant.
c. Initiallevicw of cury additional tc1ccomnnmication tower 5ite5 5hall be by tIt'- city'5
dC'\lc1opment review committee. The conditional use 5hall a150 be eOIlsidered by the
plamung and toning board which shall make a recommendation to the city eommi5sion
concerning 5aid conditional U5C, and
(as defined in Chapter 20 "Zoning",ifapplieablc .
[THIS P.^~GE INTENTION.\LLY LEFT BLANK] and/or Chapter 9 "Land
De v elopmeJlt" Code ofOlmnances, City ofWintcr SplillgS) with the laud development
eOOldinato1. Said site plan shall be Ieviewed by the development Ieview conunittec.
(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)
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.
City of Winter Springs
Ordinance No. 2006-12
Page 10 of 17
--,--------_._---~-~.~~----
(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 EIAlTIA
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 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
~ 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.
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 rrIA 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 defmed 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
City of Winter Springs
Ordinance No. 2006-12
Page 11 of 17
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)
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.
City of Winter Springs
Ordinance No. 2006-12
Page 12 of 17
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 antemlas shall only be
permitted aftel buildout to till" (J) co-locations on each of the fuur (4) tower sites
indkatc.d in subsection (d) abOve. Aftel buildout Oc'GUlS, tIlGJl ~ ~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 ofthe building or structure upon which it is situated;
d. No commercial advertising shall be allowed on an antenna or supporting structure;
e. No signals, lights, illumination shall be permitted on an antenna or equipment
building unless required by the Federal Communications Commission (FCC) or the
Federal Aviation Administration (FAA): and
f. No more than one (1) total unmanned equipment building shall contain more than
seven hundred fifty (750) square feet of gross floor area or be more than twelve (12) feet
in height. All building shall be subject to regulations of the building department; and
(12) Equipment storage. Mobile or immobile equipment not used in direct support of
a 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.
City of Winter Springs
Ordinance No. 2006-12
Page 13 of 17
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.
(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
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
City of Winter Springs
Ordinance No. 2006-12
Page 14 of 17
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.
(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
City of Winter Springs
Ordinance No. 2006-12
Page 15 of 17
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 ofthe 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.
(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 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.
City of Winter Springs
Ordinance No. 2006-12
Page 16 of 17
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.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 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:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2006-12
Page 17 of 17