HomeMy WebLinkAboutV(A) Second Reading: Ordinance No.96-14, Relating to a Moratorium on Cellular Communication Towers AGENDA 9-17-96
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item V A
\ ,Ocoee\ '--S SCOTT VANDEKCKw
4, s `o COMMISSIONERS
d . ;� ' .. CITY OF OCOEE
RUSTYJOHNSON
l RUSTY
ANDERSON
v 0 150 N.LAKESHORE DRIVE SCOTT A.GLASS
(-4 L� OCOEE,FLORIDA 34761-2258 JIM GLEASON
°� (407)656-2322
CfIY MANAGER
lE4 GOO' �e� ELLIS SHAPIRO
STAFF REPORT
DATE: August 29, 1996 SRP-96-024
TO: The Honorable Mayor and City Commissioners
THROUGH: Russ Wagner, AICP, Director of Planning
FROM: Abra E. Home, Senior Planner
SUBJECT: Moratorium on Communication Towers and Antennas
CASE#: CT-96-002
ISSUE:
Should the Mayor and City Commissioners approve staffs request to impose a 180-day moratorium on
Communication Towers and Antennas? Recently, the Planning Department received a request to place
six wireless communication devices(satellite dishes)on existing towers/buildings in Ocoee. Staff anticipates
that we will continue to receive similar requests since the communications business is booming and uniform
coverage is a pivotal issue for that industry.Accordingly, staff discussed these issues with an attorney and
determined that we need more time to develop adequate regulations.
BACKGROUND:
Although no clear process for approving Communication Tower locations exists in the Ocoee Land
Development Code(LDC),there are two possible approaches. First,we could assume that Communication
Towers are inherent accessory structures for Radio and Television Stations. In that case, the City would
permit Communication Towers in the C-3 and I-1 zoning districts. Second, we could interpret Section 5-7
of the LDC, "Essential Public Services/Utility Facilities,"to include Communication Towers and allow them
as a Special Exception in any zoning district.
The above approaches have two common problems. First, the maximum allowable height in any Ocoee
zoning district is 49.5 feet, whereas Communication Towers are typically between 120 and 300 feet tall.
Accordingly, most towers/antennas would require a.variance or waiver in order to be approved. Second,
the Federal Communication Commission (FCC) adopted new rules which severely limit, if not preempt, local
zoning authority with respect to Communication Tower siting regulations. Our existing regulations may not
meet the FCC "reasonableness"test discussed later in this memo.
On February 8, 1996, the U.S. Congress passed the "Telecommunications Act of 1996"which addresses
Congressional concerns that local governments were:
(1.) overstepping their authority by interfering in federal and state telecommunication regulation;
(2.) making the Communication Tower siting process cumbersome, time consuming, and costly;
(3.) preventing communication providers from providing the public with uniform coverage; and
(4.) basing siting decisions on radio frequency emission levels when the FCC already regulates
emissions; and
(5.) basing siting decisions on radio frequency emission levels when cellular emissions are much
lower than radio and television emissions.
4
Honorable Mayor and City Commissioners
Page 2
August 29, 1996
The new FCC Rules, effective April 17, 1996, would preempt local zoning authority unless: (1) the local
regulations impose only a minimal cost on users; (2)the local government can prove that the local regulation
is"reasonable." To pass the reasonableness test, the regulation should have a well defined health, safety, •
or aesthetic objective and further it without needlessly burdening access to communication services.
DISCUSSION:
Several Central Florida communities have adopted Communication Tower ordinances based upon the
Orange County ordinance (copies are available). For brevity's sake, the attached table summarizes the
components of these ordinances. Most of these ordinances decrease the separation requirements for short
or camouflaged towers. Presumably, this is an incentive to discourage obtrusive towers. The ordinances
appear to comply with the new FCC rules and have several common goals: (1) to encourage co-location of
new antennas/ satellite dishes on existing towers and buildings; (2) to avoid excessive proliferation of
communication towers/antennas; and (3) to maintain the safety and quality of life of local neighborhoods.
The City may also wish to adopt a Communication Tower Ordinance based upon the FCC Rules. In order
to comply with the FCC Rules, the City should keep the.Communication Tower application fees low, include
a clear statement of intent, and keep the review process short (less than 90 days)...
Staff discussed the Communication Ordinance with a consulting law firm and they suggested that the City
adopt a moratorium. The proposed 180-day moratorium would give staff more time to study this complicated
issue. If approved, the attached Cellular Tower Moratorium would be effective for the next 180 days
(February 1997). During that time, the City would not accept or approve applications for co-location or new
towers.
STAFF RECOMMENDATION: .
Staff respectfully recommends that the Honorable Mayor and City Commissioners adopt the attached
moratorium ordinance so that staff may study this issue.
F:ICAPDFILEISTAFFR-11CCS R-11S RP96024.W PD
Enclosure(s): Orange County Ordinance -
cc w/o enc.: Russ Wagner,Director of Planning
Don Flippin,Building Official •
Janet Resnik,Concurrency Analyst
cc w/enc.: Consulting Attorney(delivery by facsimile)
'
Honorable Mayor and City Commi sioners
Page 3 ,
August 29, 1996
g •
Local Land Development Regulations Relating to Communication Towers
Maximum Separation Separation Separation Separation Separation Separation Any Design Criteria? Any Incentives or Any Landscaping
Allowable from Single from other from non- from an from an from an Disincentives? Requirements?
Height of Family areas 'residential residential existing existing existing
New Tower uses uses short tower stealth or lattice or
monopole guyed tower
tower
Altamonte 200 feet 200 feet or 200 feet or existing zoning 750 feet 1,500 feet Between 750 No unnecessary lighting,max.200'or Existing towers may increase height to Continuous landscaping along fence,
Springs (defines short 300%of the 300%of the district setbacks feet and 5,000' 40%bldg. height,type of construction, accommodate co-location. New canopy trees 25'apart,hedge,
tower less than height of tower height of tower - fencing,&finish color of blue,gray,or towers must be engineered for co- xeriscape.
75'high) (whichever is (whichever is black unless FAA paint required. location.
'greater) greater)
Casselberry 200 feet 200 feet or ;100 feet or existing zoning 750 feet Between 750 Between 750 Subject to design review.No Existing towers may increase height to Continuous landscaping along fence,
(defines towers 300%of the 100%of the district setbacks feet and 1,500 feet and 5,000' unnecessary lighting,max.200'height, accommodate co-location. New canopy trees 25'apart,hedge,
as being more height of tower height of tower feet type of construction, coated fencing, towers must be engineered for co- xeriscaped or Irrigated,and properly
than 35 feet in (whichever is (whichever is finish color of blue or gray unless FAA location. maintained.
height and greater) greater) paint required,regulations related to
short towers accessory structures,and one parking
less than 75') space minimum.
Orange 300 feet 200 feet or 100 feet or existing zoning 750 feet 1,500 feet 5,000 feet No unnecessary lighting,type of Any towers located on County property Continuous landscaping along fence,
County (defines towers 300%of the '100%of the district setbacks construction, fencing,&finish color of need a special exception.Separation canopy trees 10'apart,hedge,
as being more height of tower height of tower blue,gray,or black unless FAA paint requirements not applicable if tower xeriscape.
than 35 feet in (whichever is (whichever is
height and greater) greater) required. co-locates in C-3 or I-1.Satellite
short towers dishes are permitted on bldgs.Existing
•
less than 75') - 'towers may increase height to
,_ accommodate co-location.
Orlando 300 feet 200 feet or 100 feet or none 750 feet between 750 between 1,500 Certificate of Appropriateness required Conditional Use permit required if Continuous landscaping along fence,
(defines towers 300%of the 100%of the feet and 1500 feet and 5,000 if located in Historic Areas.Locations tower is more than 300'tall. canopy trees 10'apart*,hedge,
as being more height of tower height of tower feet feet of anchors are restricted,no xeriscape plant materials or irrigation
than 35 feet in (whichever is (whichever is unnecessary lighting,no signs, required,and maintenance.
height and greater) greater) equipment buildings,and fence
short towers
less than 75') required.
I Seminole 200 feet 200 feet or 200 feet or existing zoning 750 feet between 750 between 750 No unnecessary lighting,fence No separation requirements for Continuous landscaping along fence,
i County (defines short 300%of the 300%of the district setbacks feet and 1,500 feet and 5,000 required,and finish color of gray Camouflage towers. Co-located canopy trees 10'apart,hedge,
tower less than height of tower height of tower 75'high) (whichever is (whichever is feet feet unless FAA paint required. towers given variances from xeriscape materials,
i greater greater) separation requirements.
PPizilvE!O F:1 IIIE, I::?tile'? •:t i:b:..`:i:•
• COALNIL SION RS AT ITS lIErt; t: ; _
•
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Effective Date: May 6, 1996 •
1
3 ORDINANCE NO. 96-10
5 AN ORDINANCE AMENDING THE ACTUAL LIST OF
PERNIITTED,CONDITIONAL OR PROHIBITED USES WITHIN
7 ZONING CATEGORIES IN THE UN NCORPORATED'AREA OF
ORANGE COUNTY, FLORIDA; AMENDING THE ORANGE •
9 COUNTY CODE, CHAPTER 38, ZONING; AMENDING
SECTION 38-1206, CREATING SECTION 38-1236 AND
11 AMENDING SECTION 38-1427 TO PROVIDE STANDARDS
AND CRITERIA FOR COMMUNICATION TOWERS IN THE P-D
13 PLANNED DEVELOPMENT DISTRICT;AND PROVIDING AN
EFFECTIVE DATE.
15
•
17 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY:
19 Section 1. Chapter 38, Zoning, Article VIII, P-D Planned Development, Division 1,
Generally, Section 38-1205, Land Use PIan Requirements, is hereby amended in part by adding a
21 new subsection (9) as follows:
See.38-1205. Land use plan requirements.
23
The land use plan,consisting of properly identified exhibits
'S and support materials, sh211 clearly indicate the following:
27 * * *
29 (9) The proposed location(s) and height(s) of
communication towers.
31
Section 2. Orange County Code, Chapter 38, Zoning, Article VIII, P-D Planned
33 Development District,Division 2, General Site Development Standards, Section 38-1236, is hereby
created as follows:
35 Sec.38-1236. Communication Towers in Planned Developments.
37 (a) A communication tower within a planned development
119
(2) Separation from off-site uses/designated areas.
I21
* * *
123
d_. Communication tower separation from off-site
125 uses/designated areas.
127 Off site use/ Separation
Designated area distance'
129 _. .
Single-family or duplex 200 feet or 300%height
131 residential units' of tower,whichever is
greater
133 • -
Vacant single-family or 200 feet or 300%height
135 duplex residentially of tower'whichever is
zoned land which is greater
137 either platted or has pre-
liminary subdivision
139 plan approval which is
not expired
141
Vacant unplatted resi- 100 feet or 100%height
143 dentially zoned lands' of tower whichever is
greater
145
Existing multifamily 100 feet or 100%height
147 residential units greater of tower whichever is
than duplex units greater
149
Nonresidentially zoned None; only setbacks
151 Iands or nonresidential apply
uses
153
'Includes modular homes and mobile homes used for
155 living purposes.
•
157 '-Separation measured from base of tower to closest building
setback line.
159 •
'Includes any unplatted residential use properties without a
4
shall comply with the standards and performance criteria set forth in
39 Orange County Code, Section 38-1427 and the criteria set forth in
subsections b and c below.
41
(b) A communication tower may be permitted as part of
43 the . land use plan, provided that (i) the area designated for the
communication tower is specifically designated on the land use plan.
45 and(i)the communication tower has a distance separation consistent
with Orange County Code, Section 39-1427(d)(2)d, ptataining to
47 communication tower separation from off-site uses/designated areas
including existing or planned residential or nonresidential properties..
49
51 .
53 (c) A communication tower which has not been
previously identified as a permitted land use on the land use plan
55 shall be a substantial change pursuant to . Orange County Code,
Section 38-1207.
57
59
Section 3. Orange County Code,Chapter 38,Zoning,Article IX, General Supplemental
61 Regulations, Section 38-1427, Communication Towers, is hereby amended in part by amending
subsection(d),Performance Standards, subsubsections(8)and(9) as follows:
63 (8) Public notice_ For purposes of this section, any
special exception request,variance request, land use plan approval in
65 a PD. substantial change to a PD Iand use plan, or appeal of the
zoning manager's decision regarding this section,shall require public
67 notice to all abutting property owners and all property owners of
properties that are located within the corresponding separation
69 distance listed in subsection(d)(2)d.
71 (9) Public information signage.
•
73 a_ Within twenty (20) days after final approval
of a special exception,variance, land use plan
75 approval in a PD. substantial change to a PD
land 'use plan_ or appeal of the zoning
77 manager's decision by the applicant regarding
•
•
•this section, the communication tower
79 owner/operator Shall cause to be placed on the •
parcel signage designating the site as a future
81 communication tower site_ -
83 b. One four-foot by four-foot sign shall be
placed along each right-of-way frontage
85 bordering the parcel within a distance such
that the copy is visible and legible from the
87 right-of-way..
89 c. Each sign Sha1I be weather durable and
include in addition to the designation, the
91 company name of the communication tower
owner/operator, and a phone number and
93 contact person from whom additional
information may be obtained.
95
d. Appropriate county building permits shall be
97 obtained prior to installation of the signage.
99 e. Such sig cage may not be removed prior to the
start of construction of the communication
101 tower but shall be removed prior to the
issuance of a certificate of completion for the
_103 communication tower.. If the approval listed
in subsection (d)(9)a. expires or otherwise
105 becomes void, the signage shall be removed
immediately.
107
f. Other than the above requirements, such
_109 sig ,,e Shall be exempt from all other
provisions of the County Code regarding
111 outdoor signs.
_113 Section 4. Orange County Code,Chapter 38,Zoning,Article I ,General Supplemental
Regulations, Section 38-1427, Communication Towers, is hereby amended in part by amending
_115 subsection(d)(2)d as follows:
(d) Performance standards.
117
•
161 valid preliminary subdivision plan or valid development plan
approval and any multi-family residentially zoned Iand
163 greater than duplex.
165 AFor communication towers located in PD districts the
partition distance reouirements are increased from the listed
167 300%to 400% and the listed I00% to 200%, as arnronriate.
169
Section 5_ Effective Date. This Ordinance shall take effect pursuant to general law.
171
173
I75
177
179
181
183 phc:ordreslcommtwr.wpd
185 (042/96) •
D
ej
/ 7iPPROVED BY m BOARD OF coupr. n = W ✓'
:. COMMISSIONERS AT ITS MEETING
G AE. 9
ORDINANCE NO.. 95-25
Effective date: AN ORDINANCE AMENDING THE ACTUAL LcISr J&'.te-1.t4i ff t
9/8/95 PERMITTED, CONDITIONAL OR PROHIBITED rubLS
WITHIN ZONING CATEGORIES IN r7 kr $. 8 19g6_ A', •k
�` ,.
UNINCORPORATED AREA OF ORANGE m
P. t,
FLORIDA; AMENDING THE ORANGE- Co. ` CODE
CHAPTER 38, ZONING; AMENDING SECTION 30f$T OF OCOE
DEFINITIONS, TO PROVIDE FOR DEFINITIONS OF
COMMUNICATION ANTENNA, COMMUNICATION TOWER,.
AND VACANT LAND; AMENDING SECTION 38-77, USE
TABLE; AMENDING SECTION 38-79, CONDITIONS
FOR PERMITTED USES AND SPECIAL EXCEPTIONS;
CREATING . . SECTION 38-1426, COMMUNICATION
TOWERS; • PROVIDING FOR LEGISLATIVE FINDINGS,
APPLICABILITY, AND PERFORMANCE STANDARDS;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMXISSIONERS OF
ORANGE_ COUNTY:
Section I. Orange County Code, Chapter 38, Zoning,
Section 38-1, Definitions, is hereby amended as follows by
adding. the following definitions which shall . be
alphabetically inserted into the existing text:
Sec. 38-1. Definitions..-
* * *
Communication antenna shall mean an
antenna designed to transmit or receive
communications as authorized by the Federal
Communications Commission.
Communication tower shall mean a tower
greater than 35 feet in height and which
does not exceed 300 feet in height
(including antenna) which supports
communication (transmission or receiving)
equipment. The term communication tower
shall not include amateur radio operators'
equipment, as licensed by the Federal
Communications Commission (FCC) . Design
examples of communication towers are
described as follows: (a) self-supporting
lattice; (b) guyed; and (c) monopole.
vacant land -shall mean any real •
property not containing an existing
principal land use. Those properties that
have active or unexpired building permits
for accessory uses only without a principal
land use, -such as but not limited : to,
fences, signs, septic tanks and wells, iand
accessory and storage buildings, . shall
constitute vacant land. However, properties .
that have active or unexpired building •
permits for a principal land use shall not
constitute vacant land., .
Section 2. Orange County Code, Chapter 38, Zoning,
Section 38-77, Use Table, is hereby amended in part by
amending the Communications Land Use Section of the Table as
follows, with the new language .being underlined and. the
deleted language being struck through:
• SIC RCE RCE R- R- R- R-
Uses Per Zoning Code Group Land Use A=1 A-2 A-R =5 -2 RrE 1AAAA 1AAA IAA 1A R-1 E .
. R-
Communication Towers Communi- SSSSSSS S S S S S S .
cation
Towers
•
114
-Lattice S .1 S .S S S
-Guyed 2 . 1 1 1 1 2 1 1 1 S S 1 S
-Monopole .. S
•
•
•
•
•
• -2-
U-V
SIC Clus- RT RT P 1- 1--1 1-2 (See R-L Condi-
ilas Per Zoning Code Group Land Use tom. gzi Scal 19 1-. j •108) -0 tions
Communication Tower Communi— S 6 S S S & 6 S S S & S S 6 x
cation
• Towers
3.2,1 221
-Lattice 1. 2 2 ELI Fla ma E P P P I
3 :115 135 In 121
-Guyed 2 2 2 2 EL2ELIPLIE P E E 2 2 =.
> > na 21
-Mon000l a I l a l l Pd Ea M P P P P 1
Section I. Orange County Code, Chapter 38, Zoning,
Section 38-79, Conditions for Permitted Uses and Special
Exceptions, is hereby amended by creating subsections 133
through 135, inclusive, which shall read as follows:
(133) See Section 38-1426,
Communication Towers.
(134) Not permitted in existing duplex
or single-family detached projects, or when
restricted to single-family or duplex uses.
(135) Permitted when within maximum
building height of zoning district; special
exception required when in excess of maximum
building height of zoning district.
Section 4 . Orange County Code, Chapter 38, Zoning, is
hereby amended by creating Section 38-1426, Communication
Towers, to .read as follows:
Sec. 38-1426. Communication Towers.
(a) Legislative findings, intent and
purpose.
-3-
The board of county commissioners has
on numerous occasions and with increasing
frequency been confronted with requests to :. .
site communications towers. Prior to the
adoption of this ordinance no . specific.
procedures existed, to address recurrent
issues related to siting communication
towers. Accordingly, the board of county ,.
commissioners finds that the promulgation of
this ordinance is warranted and necessary:
(1) To direct the location of
communication towers in unincorporated
Orange County;.
(2) To protect residential areas and
land uses from potential adverse, impacts of
communication towers;
(3) To minimize adverse visual impacts
of communication towers through careful
design, siting, landscape screening, and
innovative camouflaging techniques;
• (4) To accomodate the growing need for
communication towers;
(5) To promote and encourage shared
use/co-location of existing and new
communication towers as a primary option.
rather than construction of additional
single-use towers;
(6) To consider the public health and
safety of communication towers;
(7) To avoid potential damage to
adjacent properties from tower failure
through engineering and careful siting of
tower structures.
(b) Applicability.
(1) All new communication towers in
unincorporated Orange County shall be
subject to these regulations and all other
applicable regulations. For purposes of
measurement, communication tower setbacks as
listed in subsection (d) (1) and separation
distances as listed in subsection (d) (2)
-4-
shall be calculated and applied to
facilities located in Orange County
irrespective of municipal and county
jurisdictional boundaries.
(2) Those facilities which . would be
considered communications towers but for the
fact that they are in excess of 300 feet
shall be required to obtain a special
exception and comply with the setback,
separation distances from ' other uses,
separation distances from other
communication towers and notice requirements
as set forth in subsections (d) (1) , (d) (2) ,
(d) (3) and (d) (8) , respectively. For
purposes of implementing subsection (d) (2)d
to towers in excess of 300 feet in height
the separation distance required is limited
to 'a maximum of 900 feet.
(3) All new communication antennas
which are not attached to communication
towers shall comply with, subsection (g) .
(4) All communication towers existing
on , 1995 (the effective . date of
this ordinance) shall be allowed to continue
their usage as they presently exist.
Routine maintenance (including replacement
with a new tower of like construction and
height) shall be permitted on such existing
towers. New construction other than routine
maintenance on an existing communication
tower shall comply with the requirements of
this section.
(5) Communications towers and
communication antennas shall be regulated
and permitted pursuant to this section and
shall not be regulated by or subject to
Section 38-79, Conditions for permitted uses
and. special exceptions, subsection (61) ,
pertaining to public and private utilities.
(6) For purposes. of implementing this
section, a communication . tower that has
received County approval in the form of
either a special exception or' building
permit, but has not yet been constructed,
-5-
shall be considered an existing tower so
long as such approval is current and not
expired.
(7) For purposes of implementing this
section, an AM array, consisting: of one. or
more tower units and supporting ground
system which functions as one AM
broadcasting antenna, shall be considered
one communication tower. - Measurements - for
setbacks and separation distances shall be •
measured from the outer perimeter of the
towers included in the AM array. Additional
tower units may— be added within the
perimeter of the AM array by right.
(c) Permitted Uses and Special
Exceptions.
The allowable use of communication
towers as either permitted uses or special
exceptions in the several zoning districts
shall be as set forth in Sections 38-77 and
38-79 of this Chapter.
"(d) Performance standards.
(1) Setbacks.
a. Communication tower. setbacks
shall be measured from the
base of the tower to the
property line of the parcel
on which it is located.
Communication towers shall
comply with the minimum
setback requirements of the
district in which they are
located and the major street
setbacks outlined in Article
XV of Orange County Code,
Chapter 38, Zoning. In
cases where there is a
conflict between the minimum
setback requirements and the
major street setbacks, the
greater setback shall apply.
b. For towers located in
Planned Developments
-6-
•
(P-D's) , the setback.
requirements for the parcel
upon which the tower is
located as required by the
P-D shall apply. •
c. In cases where there are
non-conforming residential
uses on non-residentially
zoned property, a 50%_
reduction of the side or
rear yard setback opposite
the non-conforming
residential use may be
permitted by the zoning
manager, except if the side
or rear yard proposed for
reduction is adjacent to
residential land use..
(2) ' Separation from Off-site uses/
designated areas.
a. Communication tower
separation shall be measured
from the base of the tower
to the closet point of
off-site • uses and/or
designated areas as
specified in the table set .
forth in subsection (d) (2)d.
b. Separation requirements for
communication towers shall
comply with the minimum
standards established in the
table set forth in
subsection (d) (2)d.
c. Separation distances may be
reduced by the Zoning Manager
when notarized ' written
consent is obtained from
those affected property
owners within the applicable
separation distance.
d. Communication Tower :
Separation From Off-site
Uses/Designated Areas.
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Off-site Use/Designated Area I Separation
Distance
Single-family or duplex - 200 feet o•r,300%
residential unitsl height of tower.,
whichever is
greater
Vacant single-family or duplex 200 feet or 300%
residentially zoned land which is either height of tower2
platted or has preliminary subdivision whichever is
plan approval which is not expired greater
Vacant unplatted residentially zoned lands3 100 feet or 100%
height of tower2
whichever is
greater
Existing multi-family residential 100 feet or 100%
units greater than duplex units height of tower
whichever is.
greater
Non-residentially zoned lands or non- None; only set-
residential uses backs apply
1 Includes modular homes and mobile homes used for living
purposes.
2 Separation measured from base . of tower to closest building
setback line.
3 Includes any unplatted residential use properties without a
valid preliminary subdivision plan or valid development
plan approval and any multi-family residentially zoned land
greater than duplex.
(3) Separation distances between
communication towers.
a. Separation . distances between
communication towers shall be applicable for
and measured between the proposed tower and
those towers that are existing and/or have
received Orange County land use or building
permit approval after , 1995 (the
-8-
effective date of this. ordinance) . The
separation distances shall be measured by
drawing or following a straight line between
the base of the existing tower and the
proposed base, pursuant to a site plan, of
the proposed tower. The separation
distances (listed in linear feet) shall be
as follows:
EXISTING TOWERS-TYPES
MONOPOLE 75 ET MONOPOLE LESS
IN HEIGHT OH. THAN 75 FEET IN
LATTICE (GUYED GREATER HEIGHT
PROPOSED LATTICE 5,000 5,000 1,500 750
TOWERS-
TYPES
GUYED ;5,000 5,000 1,500 750
MONOPOLE
75 FT IN
HEIGHT 1,500 1,500 1,500 750
OR
GREATER
MONOPOLE
LESS
THAN 75 750 750 750 ' 750
FT IN .
HEIGHT
b. The separation distances between
communication towers as set forth in
subsection (d) (3)a shall not be applicable
to those communication towers located within
the following designated "Broadcast Areas"
in which tall (i.e. in excess of 300 feet)
television towers presently exist and within
which it is deemed appropriate and desirable
for future communication towers to locate:
(i) Northwest 1/4 of section 13,
Township 22 South., Range 32 East Orange
County, Florida (less the West 33 feet
for right of way) . Containing 164.807
+ or - Acres.
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•
(ii) From a point on the West line
of the SW 1/4 of Section 2, T225, R32E,
120.55 ' S 1° .17' 27" E from the W 1/4
corner of Section 2-22-32, Run S 89°
53 ' 00" E 1886.68 ' ' to the point of
beginning;, thence .S. 89° 53 ' 00" E
1020.00 ' , thence N 39° 40' 00" - E
624.75 ' to the center of
"Chuluota-Christmas Road, " thence along
the center of said road S 64° 59 ' 00" E -
287.46' to the: P.C., of a. curve concave
to the Southwest and: having a radius of
1101.80 ' ,, thence Easterly along the
• area of said- curve 199.46' thru a
central angle of 10.E 22.' 20", thence
• along the center of said road S 54° 37'
10" E 318.37' , thence S 44° 50' 00" W
1093 .72' , thence S. 40° 12' 00" E
1088.73 ' , thence Ni 89° 53 ' . 00" W
694.60 ' , thence N 1" 03 ' 00" W 650.55' ,
thence N 89° 53 ' 00" W 1320.00' , thence
N 1' 03 ' 00" W 880.00 ' to the point of
beginning.
Containing 46.04 acre subject to
right-of-way over the Northeasterly
30. 00 ' for "Chuluota-Christmas Road"
and . subject to easements and
restrictions of record if any.
(iii) Begin at a point where' the West
line of Section 11, Township 22 South,
Range 32 East, intersects the North
• Right of Way line of Road No. 420,
proceed North along the West section
line to the NW corner of Section 11,
continue North along the West line of
Section 2 for a distance of 3529 feet
from the point of beginning, thence
East for a distance of 1881 feet;
thence South for a distance of 2200
feet ; thence West for a distance of
1716 feet; thence South for a distance
- of 1320 feet to North Right-of-Way line
of Road W 165 feet to the point of
beginning.
The proximity to other existing
communication towers shall be a factor
considered and addressed during the special
exception hearing . for any proposed
-10-
•
in effect at the time of said improvement or •
addition. Said plans shall be submitted to
and reviewed and approved by the Orange
County Building Department at the time
building permits are requested.
(8) Public Notice.
For purposes of this ordinance, any
special exception request, variance request,
or appeal of the Zoning Manager's decision
regarding this section, shall require public
notice to all abutting property owners and
all property owners -of . properties that are
located within the corresponding separation
distance listed in subsection (d) (2)d.
(9) Public Information Signage.
a. Within twenty (20) days after
final approval of a special
exception, variance, or
appeal • of the Zoning
Manager' s decision by the
applicant regarding this
section, the communication
tower owner/operator shall.
cause to be placed on the
parcel signage designating
the site as a future
communication tower site.
b. One four (4) foot by four (4)
foot sign shall be placed
along each right-of-way
frontage bordering the parcel
within a distance such that
the copy is visible and
legible from the
right-of-way.
c. Each sign shall be weather
durable and include in
addition to the designation,
the company name of the
communication tower
owner/operator, and a phone
number and contact person
from whom additional
information may be obtained. '
-12-
... .. _ _ _ - _ • :`.a`?.�;�
communication tower located within the
boundaries of a designated Broadcast Area.
Those communication towers located within. a
Broadcast Area shall be considered existing
towers for purposes of distance separation_
measurement by proposed towers located- . -.
outside the above-designated Broadcast Areas.
(4) Method of determining
communication tower height.
Measurement of communication tower
height shall include - antenna, base pad, and
other appurtenances and shall be measured
from the finished grade of the parcel.
(5) Illumination.
Communication ' towers shall not be
artificially lighted except to assure human
safety or as required by the Federal
Aviation Administration. At time of
construction of the communication tower in
cases where there are residential uses
located within a distance which is 300% of
the height of the tower from the tower, dual
mode lighting shall be requested from the
FAA
•
(6) Finished color.
Communication towers not requiring FAA
painting/marking shall have either a
galvanized finish or painted a
non-contrasting blue, gray, or black finish.
(7) Structural Design...
Communication towers shall be
constructed to the EIA/TIA 222-E Standards,
as published by the Electronic Industries
Association, which may be amended from time
to time, and all Orange County
construction/building . codes. Further, any
improvements and/or additions • (i.e. ,
antenna, satellite dishes, etc.) to existing
communication towers shall require
submission of site plans sealed and verified
by a professional engineer which demonstrate
compliance with the EIT/TIA 222-E Standards
-11-
d. Appropriate Orange County
building permits shall be
obtained prior, to
installation of the signage.
e. Such signage may not be
removed prior to the start of
construction of the
communication tower but shall
be removed prior to the
issuance of a, certificate of
completion for the
communication tower. If the
approval listed in subsection
(d) (9)a expires or otherwise
becomes void the signage
shall be removed immediately..
f.. Other than the above
requirements, such signage
shall be exempt from all
other provisions of the
Orange County Code regarding
outdoor signs .
(10) Fencing.
A . chain link fence or wall not less
than eight (8) feet in height . from •finished
grade shall be provided around each
communication tower. Barbed wire shall be
used along the top of the fence or wall.
Access to the tower shall be through a
locked gate.
(11) Landscaping.
The visual impacts of a communication
tower shall be mitigated for nearby viewers
through landscaping or other screening
materials at the base of the tower and
ancillary structures. The following
landscaping and buffering of communication
tower shall be required around the perimeter
of the tower and accessory structures,
except that the standards may be waived by
the Zoning Manager for those sides of the
proposed tower that are located adjacent to
undevelopable lands and lands not in public
-13-
view. Landscaping shall be installed on the
outside of fences. Further, the use of
existing vegetation shall be preserved to
the maximum extent practicable and may be
used as a substitute of or in. supplement -
towards meeting landscaping requirements.
a. A row of shade trees a
minimum of 8 feet tall and a
maximum of 10 feet apart
shall be planted around the
perimeter of the fence;
b. A' continuous hedge at least
30 inches high at planting
capable of growing to at
least 36 inches in height
within 18 months shall be
planted in front of the tree
line referenced above;
c. All landscaping shall be of
the evergreen variety;
d. All landscaping shall be
xeriscape tolerant or
irrigated and properly
maintained to ensure good
health and viability.
(e) Variances.
Any request to deviate from any of the
requirements of this section shall require
variance approval from the Board of Zoning
Adjustment.
(f) Abandonment.
In the event the use of any
communication 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 Zoning
Manager who shall have the right to request
documentation and/or affidavits from the
communication tower owner/operator regarding
the issue of tower usage. Upon such
abandonment, the owner/operator of the tower
-14-
shall have an additional one-hundred. eighty
(180) days within which to: (i) reactivate
the use of the tower or transfer the tower
to another owner/operator who makes actual
use of the tower, or (ii) dismantle and
remove the tower. At the earlier of one
hundred eighty one (181) days from the date
of abandonment without reactivation or upon
completion of dismantling and removal, any
special exception and/or variance approval
for the tower shall automatically expire.
(g) Communication antennas.
Any communication antenna which is not
attached to a communication tower, shall be
a permitted ancillary use to any commercial,
industrial, professional, institutional, or
multi-family structure provided:
(1) The communication antenna does not
exceed more than . twenty (20) feet above the
highest point of the structure; and
(2). the communication antenna complies
with all applicable FCC and FAA regulations;
and
(3). the communication antenna complies
with all applicable building codes. •
•
(h) Co-location of communication
antennas. To minimize adverse visual
impacts associated with the proliferation
and clustering of communication towers,
co-location of communication antennas by
more than one carrier on existing or new
communication towers shall take precedent
over the construction of new single-use
communication towers as follows:
(1) Proposed communication antennas
may, and are encouraged to, co-locate onto
existing communication towers. Provided
such co-location is accomplished in a manner
consistent with subsections (h) (2) through
(h) (4) , then such co-locations are permitted
by right and new or additional special
exception approval shall not be required.
-15-
(2) Type of construction.
A communication tower which is modified
or reconstructed to accomodate the
co-location of an additional communication
antenna •shall be of the same tower type as
the existing communication tower.
(3) Height.
a. An existing communication
tower may be modified or
rebuilt to a taller height,
not -to exceed twenty (20)
feet over the tower's
existing height, to
accomodate the co-location of
an additional communication
antenna.
b.. The height change referred to
in subsection (h) (3)a may
only occur one time per
communication tower.
•
c. The additional height •
• referred to in subsection
•
(h) (3)a shall not require an
additional distance
separation as set forth in
either subsection (d) (2)d or
(d) (3) . The communication
tower's premodification
height shall be used to
calculate such distance
separations.
(4) Onsite location.
a. A communication tower which
is being rebuilt to
accommodate the co-location
of an additional
communication antenna may be
moved onsite within (50) feet
of its existing location.
b. After the communication tower
is - rebuilt to accommodate
co-location, only one tower
may remain on the site.
-16-
c. A relocated onsite
communication tower shall
continue to be measured from
the original tower location
for purposes of calculating
separation distances between
communication towers pursuant
to subsection (d) (3) . The
relocation of a . tower
hereunder shall in no way be
deemed to cause a violation
of subsection (d) (3) .
d. The onsite relocation of a
communication tower which
comes within the separation
distances to residential
units or residentially zoned
lands as established in
subsection (d) (2)d shall only
be permitted when notarized
written consent is obtained
from those affected
residential property owners .
(5) Commercial or Industrial Zoning,
limited exemption from separation
requirements.
A communication tower which co-locates
two or more communication antennas and which
is located in a commercial or industrial
zoning district as a permitted use pursuant
to Section 38-77 shall be exempted from the
separation distances between communication
towers as set forth in subsection (d) (3)
from only those other towers that are
located in either a commercial or industrial
zoning district as a permitted use. A
communication tower permitted under this
subsection is still required to comply with
the separation distances set forth in
subsection (d) (2)d.
(i) Certification of Compliance with
Federal Communication Commission (FCC) NIER
Standards .
-17-
Prior to receiving final inspection by
the Orange County Building Department,
documented certification shall be submitted
to the FCC, with copy to the Orange County
Zoning Department, certifying that the
communications facility complies with all
current FCC regulations for non-ionizing
electromagnetic radiation (NIER) ..
(j) Nonconforming Uses.
Notwithstanding subsection _ (f) above, .
bona fide nonconforming communications
towers or antennas - that are damaged or
destroyed may be rebuilt without having to
meet the separation requirements specified
in subsections (d) (2)d and (d) (3) . The
type, height, and location of the tower
on-site shall be of the same type and
intensity as the original facility
approval. Building permits to rebuild, the
facility shall comply with the then
applicable building codes and shall be
obtained within one-hundred eighty (180)
days from the date the facility is damaged
or destroyed. If no permit is obtained or
if said permit expires, the communications
facility shall be deemed abandoned as
specified in subsection (f) .
(k) Location of communication ..towers
on County owned property.
Notwithstanding any of the foregoing
provisions of this section, if a
communication tower is to be located on
County owned property the tower shall in all
cases be subject to a special exception
hearing.
(1) Application submission
requirements for special exception,
variance, appeal of zoning manager decision,
and building permit requests.
The following information shall be
submitted concurrent with special exception,
variance, appeal of zoning manager decision,
or building permit applications. The
application may utilize any combination of
-18-
a
site plans, surveys, maps, technical reports
or written narratives necessary to convey
the following information.
(1) A scaled site plan clearly
indicating the location, type and height of
the proposed tower, on-site land uses and
zoning, adjacent land uses and zoning
(including when adjacent to other
municipalities) , adjacent.. roadways, proposed
means of access, setbacks from property
lines, elevation drawings of the proposed
tower, and any other_proposed structures.
(2) A current tax map and aerial as
provided by the Orange County Property
Appraisers Office showing the location of
the proposed tower.
(3) Legal description of the parent
tract and leased parcel (if applicable) „
(4) . If not within the subsection
(d) (2)d separation distance from residential
areas, approximate distance between the
proposed tower and the nearest residential
unit, platted residentially zoned
properties, and unplatted residentially
zoned properties. If within the subsection
(d) (2)d separation distance requirements,
then exact distances, r locations and
identifications of said properties shall be
shown on an updated tax map.
(5) If within the subsection (d) (3)
separation distance from another tower, then
the exact distance, location, and
identification of other towers shall be
shown on an updated tax map. The applicant
shall also identify the type of construction
of the existing tower(s) and the
owner/operator of the existing tower(s) , if
known. '
(6) A landscape •plan showing specific
landscape materials.
(7) Method of fencing, and finished
color and, if applicable, the method of
camouflage and illumination.
-19-
(8) A notarized letter signed by the
applicant stating the tower will comply with
all EIT/TIA 222-E Standards and all
applicable Orange County Codes.
(9) A statement by the applicant as to
whether construction of the tower will
accommodate co-location of additional
antennas for future users.
(10) In addition to the above,- all
communication towers/antennas shall comply
with the commercial site plan review
requirements set forth. in Chapter 30,
Article VIII, of the Orange County Code.
Section 3 . Effective Date. This Ordinance shall become
effectivepursuant to
general law.
•
PHC667 07/24/95 -20-
away,August 25.t Ste ce
cv `
I ,''''• ,nee} t ` e . . ;y t a I `' --� : , . .... ..,. ... .. .
r .., .4.:-, r.1;it;te;�'4,r - .'s r k,. , tjti A. ,+ .V: a- '�Y , fit,'',',
worth Dere.Lane closings Lucerne circle from America ' i rw¢S/' N®T/C E OF A MO',jt+T®RI U R�
,motor Hughey Avenue between Streetos to Orange Avenue.Street •.�'• •-//•
RELATING TO TOWERS
as for Amelia Street and Alexander dosed for tirtdtwork
Piece Lane dosingfor Lymma -,;-t i
corsaucton. y Magnolia Avenue from Living a t% .,.yb,-
I from to one laneRob non streets r con- Dear Abby ARID ANTENNA SITES
ited
s Pen 9 Ivey Lane from Bruton Bails- to one Writ rxirtntiourhd for inn
vanteiOld s ater Gordon widen. •Magnolia
Lymmo buf lane.in IN OCOEE, FLORIDA
bee� Lane closings because of widen. M Avenue from Robin- ADVICE '
:0 and 'rig' son to Well streets Installation of ,. „..- ,.. - .
a. 434 le John Young Perkwsy at concrete circle and bands under
en and American Boulevard,Oak Ridge way at Magnoliatwashfngton inter- Nieces can be NOTICE IS HEREBY GIVER,pursuant to Chapter 166.041,
Road and Central Florida Perk- section. Florida Statutes,that the City of Ocoee proposes to adopt the fol-
wlal. way.Penodic lane closures to add •Magnolia Avenue and wash- pallbearers . lowing ordinance:
:r con- firm�n�• Ington Street Intersecton dosed
II John Young Parkway at East- for Lymmo construction. North- AN ORDINANCE OF THE CITY OF OCOEE,
wood, West Expreeetvey. Construction bound traffic on Magnolia de- for uncle FLORIDA, RELATING TO TOWERS AND
is and of ramps and occasional lane toured at Centre! ANTENNA SITES, IMPOSING A MORATORIUM
.rid ac closings. ■Old Winter Garden Road from DEAR READERS:I am on taco- FOR.ONE HUNDRED AND EIGHTY DAYS ON
aropee ■ Liberty Avenue between Kirkman Road to Ferguson lion until Aug.31.Don't panic— ! THE ACCEPTANCE OF APPUCAT1ONS AND
South and Jackson streets. Drive.Lane closings for sewer I've selected some of my favorite THE ISSUANCE OF APPROVALS FOR THE
Amelia Closed for garage conssuceon. aria utility construcnon. letters from past years CO Jill the
;aria of ®Uvingaton Street under Inter- •Orange Avenue front Church gap•l hope you enjoy theme NEW CONSTRUCTION OF SAME IN THE CITY
state 4,Eastoourtd lane on Living- to South streets. Soutnbound MAKING CERTAIN FINDINGS; PROVIDING AN
•t Con- stun dosed for Lymmo construe- traffic limited to two lanes for DEAR
who madee a ir-We have an uncle EFFECTIVE DATE.ang a strange
stre request some
'Sumer. tort Lymmo construction. time ago He asked us this nieces) i The proposed ordinance concerns establishing a 180 day moratori-
to be his pallbearers when he dies I urn during which time the City of Ocoee would not accept apptica-
He is very sick now and has re- ! lions nor issue approvals far new construction or the location or tow-
/ discuss litigation in later meeting peered that request.My father a,s- ;for one ers or antenna sites within the Ocoee City Limits.The 180 day more-
of female pallbearers. I f
approves because he neverheard barium period would enable the City to study the issues related to
ea an April 1995 meeting in which stay its arse and not address the would like to be a pallbearer at my • towers and antenna sites within the Ocoee City Limits.
the same cut.or their represents- litigation again unless a matter is uncle's funeral because he is my
aver,encouraged the council not to brought forward by Trees. favorite uncle.My cousins also . The Ocoee City Commission will hold puolic hearings concerning
act on the adult entertainment issue Bargai heer'a motion for the court- would like to serve as pallbearers. . the proposed Ordinance at the first at two readings on September 3.
Philip and to let the county's laws protect di to do nothing was seconded by Have you ever heard of such a 1996,and the of two readings on September 11, 1996 at
:ouncil them- Town Council member Ray San- thing?And even if you haven't,do 7:30 pand or second soon thereaftertwore as practical, at the Ocoee City
A t the recent public hearing,Dep- demon Jr.and failed in a 4-2 vote, you see anything wrong with it?
.st the ury County Administrator Byron —Louisville.Ky. Commission Chambers.150 North Lakeshore Drive.Ocoee,Florida.
Brooks.along with Donegan,railer' Instead.Town Count member DEAR LOUISVILLE:I have in- The City Commission may continue the public hearing to other dates
Tom ated Orange County Chairman Lin- Michael Johnson offered a motion deed heard of it and there's no and times as they deem necessary.Any interested pain snail be
ng the do Chapin's earlier pleas and of- to table the discussions. Under reason why your uncle's wishes advised that the dates.times,and places of any continuation of this
_mess- fered the town continued fun rival Johnson's motion, the Town should not be carried out when he
support. lkes also pledged the Council can bring up the litigation is or continued further
hearings shall be announced during the hearing
Wilkes
counq's support_ at a later meeting.Johnson's ma- and that no further notices regarding these matters will be published..
.ed the don was approved s ir.a 4-2 deco- DEAR ABBY:My son,Allen,
County Town Council member Charles sion with Bargai and Sander- who is 18. has been going with A copy of the proposed Ordinance may oe inspected by the public
Anna Marie for three years.She's
similar Bargameer said the council should son dissenting. a so 16 They have been engaged at the Ocoee Planning Department, 150 North Lakeshore Drive,
since last Christmas,but no wed•-
Ocoee. Florida, between the hours of 8:00 a.m, and 5:00 p.m..
ding date has been set Allen lives Monday through Friday,except legal holidays.
ncludes trash pickup free water at home and just started working
1 at a bank Anna Mane works there Interested parties may appear at the puolic hearing and be heard with
too.This bank has a great benefit
homeowner and a city resident for :naicing the program need-based package.which includes a seo.oce , respect to the proposed Ordinance.Any person wishing to appeal
at least 10 years.The person doesn't But Anderson. Commissioner life insurance policy.Allen told ' any decision mace with respect to any matter considered at the puo-
have to snow financial need. Rusty Johnson and Mayor Scott me he made Anna Marie his bent- ! lic nearing may need a record of the proceeding and for this pumose
er and ,:artier this year.a commission- Vandergr1R rejected the proposal, ficiary.I was very hurt I told him : may need to ensure that a verbatim record of the proceedings is
:e pro appointed citizens group suggest- saying it strayed too far from the ttiac seer h are married she made which includes the testimony and evidence upon which the
5.000. ed doing away with the tax rebate, anginal form of the program. should be the beneficiary,but tin-
:be at the homeownership requirement Commissioners are expected to yl then,if.God forbid,something appeal is based.Persons with disabilities needing assistance to par
receiv- and the 10-year residency require- discuss the Over 65 plan again at should happen to him.I should be ticioate in any of the proceedings should contact the City Clerk's
Ocoee merit,They also recommended .future meetings, the beneficiary of his policy. Office 48 hours in advance of the meeting at(407)656-2322.
He said no:if something should
happen to him tomorrow, he Jean Grafton,City Clerk August 25,1996 and
ley, tax helped pay for center o� l"li ��, - City at Ocoee Septemoer 8,1996
opinion? .- .... ._
—Allen's Mother road,"said Michael Stavres,site supervisor for the DEAR MOTHER:I'm with you. _- -
•
• " •- Bithlo center Until Allen and Anna Marie are PUBLIC NOTICE
ass,which includes the Stavres said as many 13 mar
00 people a month have married(unless she's pregnant),
pity center and a 6.600- used the services at the park and he expects more :1llen's beneficiary should be his
an,will be completed in will come when the center opens. mother. Q
Inc.of Orlando is doing For years.residents complained they were isolated ORDINANCE b'-0®
and ignored by the county.Many felt there were few DEAR ABBY:I have been told
recreational opportunities for their children, by[Rends that it is possible to get !ON TUESDAY, SEPTEMBER 3, 1996 AT 7:30 PM.:
:s Saginaw,an area aces, But through a county program known as argeted pregnant through your jeans. I
afar for AmenCorps Or- community initiatives"aimed at improving neglect- can't believe this! I THE EATONVILLE TOWN COUNCIL WILL HOLD A.
'ream- I ant a.virgin,just turned 15,
ed areas.Bithlo residents are seeing an infusion of and knew I am going to be more 'PUBLIC HEARING AT THE DENTON JOHNSON
cash for recreation and community services. involved with (CENTER, 400 RUFFEL STREET TO CONSIDER!
y cen- guys now that Cm
„s :n- • The old community center on Old Cheney High- dating. If this is possible. I am i
ovelop- way served as a socal hub for many residents,but it scared to death to get very close to I THE 2ND OF 2 READINGS ON AN ORDINANCE
was closed in August 1993 after county officials any guy.I need to know as soon
• found health and safety code violations. as possible. '
aunty's AMENDING THE ZONING MAP OF THE TOWNI
ne new A dispute over who awned the building and a lack I hope you won't think this is a 1 OF EATONVILLE, CHANGING THE ZONING
on of a of money caused delays in reopening the center.The dump question.
' facility is now used by Storehouse Sfudscies Inc- —WomedinElPaso CLASSIFICATION•FROM R-2 SINGLE FAMILY'
tits of c tip a_, DEAR WORRIED: It is not a
. :aunty • and Citizens for a Better Neighborhood for bingo and dumb question.It's a very intern- i RESIDENTIAL TO I-1 PLANNED INDUSTRIAL DIS-.
Stavres ci1II1Lt1sei""es• gent one.A lot of kids get aroused TRICT FOR PROPERTY LOCATED WIThIN INTER-
tad we County Officials are considering ways to include just by lying close to each other 1
.ow we're finally on :hat. that building to a community redevelopment plan. while kissing.Then they just nat. I STATE PARK, LEGALLY DESCRIBED AS PARCEL
urally proceed to the next step. i"A,THAT PART OF THE EAST 300 ST OF NORTH•
which is petting.
:he rule at popular lending library It's not possible to get pregnant 1900 FT OF THE SOUTHWEST 1/4 OF THE
through one's jeans, but some-
times kids remove some of their •SOUTHWEST 1.4 OF SECTION 35, TOWNSHIP'
thor is R. Stine.who wastes horror stories geared to clothing because it's'in the way;' ;21 SOUTH RANGE 25 EAST, PROVIDING FOR i
teens, or they burrow underneath it to
ed the conveniently loan- -I like to read."said the sixth-grader at Discovery exolore each other's bodies with CONFLICTS,SEVERABIL'IY AND AN EFFECTIVE
tMiddle SchooL He also goes to Bithlo Park to play heaviry
pettins.g,
This is known
out the books and bring soccer and hang out with his friends. heavy petting,or"doingeve I DATE. INTERESTED PARTIES MAY APPEAR AND
done." Higgs said.-The thing else but." I BE HEARD REGARDING THE SAME.A COPY OF
ooks bask," I-Eggs said the books have been donated by a num• The technical(and legal)defmi- 1
i organization that puts her of sources.including library users.But:he best don of sexual intercourse Is~pen• i THE PROPOSED ORDINANCE IS AVAILABLE IN
sOrg.. ...w_-, donor has been Scholastic Book Fairs.headquartered etradon." :The male's sex organ i-,-,,-,,a,,,,, n,r-nvr, nrcfne nT rn.era ,a, ,
•
ORDINANCE NO.: 96-14
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO TOWERS -
AND ANTENNA SITES, IMPOSING A MORATORIUM FOR ONE HUNDRED AND
EIGHTY DAYS ON THE ACCEPTANCE OF APPLICATIONS AND THE ISSUANCE
OF APPROVALS FOR THE NEW CONSTRUCTION OF SAME IN THE CITY;
MAKING CERTAIN.FINDINGS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Ocoee is presently conducting, and has been conducting since July
1996, a review and analysis of new and existing regulations governing towers and antenna sites;
and
WHEREAS, recent complex federal legislation has been enacted regarding this subject; and
WHEREAS, telecommunications is a rapidly developing and emerging technology which
promises to challenge the City's resources in the near future with numerous applications for the new
construction of towers and antenna sites throughout the City; and
•
WHEREAS, the City of Ocoee reasonably believes that it can complete the evaluation and
drafting of regulations governing this issue within the next one hundred and eighty (180) days; and
WHEREAS, the City Commission of the City of Ocoee deems it necessary and advisable
to adopt a moratorium during this period of time on the acceptance of applications and the issuance
of approvals for the new construction of towers and antenna sites, in the best interests of the public
health, safety, and welfare;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
Section 1. MORATORIUM IMPOSED. The City Commission does hereby impose a
moratorium for a period of one hundred and eighty(180) days on the acceptance of applications and
the issuance of approvals, including, but not limited to, zoning applications and building permits, for
the new construction of towers and antenna sites.
Section 2. FINDINGS. The City Commission does hereby expressly find that the review,
analysis, drafting, and implementation of regulations governing the new construction of towers and
antenna sites in the City is a matter of great importance to the public health, safety, and welfare of
the citizens of the City of Ocoee, and that one hundred and eighty (180) days is a reasonable period
of time in which to address this issue.
Section 3. EXEMPTIONS. The moratorium imposed herein does not apply to
governmental emergency services.
Section 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon its
passage.
PASSED AND ADOPTED this day of . 1996.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED AUGUST 25, 1996
ADVERTISED SECOND TIME ON SEPTEMBER 8, 1996
• READ FIRST TIME SEPTEMBER 3, 1996
READ SECOND TIME AND ADOPTED
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE. FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1996.
FOWLER, BARICE. AND FEENEY
•
By:
. City Attorney
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FOWLER, BARICE & FEENEY CITY C= ;,E
PROFESSIONAL ASSOCIATION
ATTORNEYS AND COUNSELORS AT LAW
JAMES A.FOWLER EMPIRE BUILDING TELEPHONE: (407)425-2684
CAROLE JOY BARICE,P.A. 28 W.CENTRAL BLVD. TELEFAX: (407)425-2690
THOMAS C.FEENEY,III,P.A. ORLANDO,FLORIDA
MICHAEL A.U.O'QUINN,P.A. 32801
MARY L.SNEED
September 11 , 1996
VIA FACSIMILE TRANSMITTAL
(407) 656-8504
Abra Horne
Senior Planner
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761-2258
RE: Tower/Antenna Moratorium
Dear Abra:
Thank you for your fax transmittal of yesterday. I left a message on your voice mail
today, and am following up with. written correspondence in reference to the
tower/antenna moratorium. It is my legal opinion that the placement of new antennas
in the City, whether on existing or newly constructed structures (there is no distinction
between a tower or a building in this regard), is covered by the moratorium, and ought
not to be processed pending adoption of the new tower/antenna ordinance.
Please reference the sample ordinance adopted by the City of Altamonte Springs, at
Section 3.40.2, "Applicability". The underlying purpose of the ordinance is to direct new
towers and new antennas to structures and areas within the City where they will be
compatible with adjacent uses, not objectionable aesthetically or otherwise from a public
policy standpoint, and in a manner to ensure that they will be structurally sound. New
antennas are encouraged to locate on existing towers and buildings through several
mechanisms. However, criteria still are applicable to new antennas located on existing
towers, such as height, setback, not to be located on utility poles and transmission
towers, resulting structural integrity of tower and frequency noninterference.
I say this knowing, however, that the moratorium is not in effect at this time. Therefore,
it would be the staff's decision whether to process an application between 1st and 2nd
reading of the moratorium. However, in any event, if a final approval does not issue
prior to September 17, 1996, from a legal perspective no applications or approvals could
then be processed until the new ordinance is adopted. PCS providers can certainly be
expected to play an active role in the development of the ordinance.
Abra Horne
City of Ocoee
September 11, 1996
Page Two
Please feel free to contact me should you care discuss this or any other matter further.
Sincerely yours,
arole Joy Barice, Esq.
CJB:hcd
cc: James A. Fowler, Esq.
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September 4, 1996
Mayor Vandergrift
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
Dear Mayor Vandergrift:
It was a pleasure speaking with you briefly last evening at the Ocoee City Commission
Regular Meeting. As I mentioned to you, I represent LCC, L.L.C., for site acquisition and
zoning purposes. Our client recently was awarded a license to develop a PCS network in
many Florida markets. The City of Ocoee is an area our client is required by the FCC to
provide digital wireless coverage.
It is our client's intention to develop a system using existing structures on which to place
their antennas. The City of Ocoee's Moratorium on Cellular Communication Towers
therefore is of great concern to us if the moratorium includes placement of antennas on
existing structures. Should the moratorium only apply to new towers, the City would be
emphasizing to wireless companies the importance of co-location. We understand the
visual impact towers can impose and are trying to remain deminimus. We hope the City of
Ocoee will assist us in our efforts to co-locate by continuing to accept applications from
companies placing equipment on existing structures during the moratorium period.
Thank you for considering this request. I would welcome the opportunity to discuss this
further should you have any questions prior to the September 17th public hearing.
Sincerely,
4( 2 5 ./
Shy S afford-Jones
Site Acquisition Manager
Colonial Place 2111 'Nilson Boulevard, Suite 1200 Arlington, Va.22201 (703)351-6666. Fax(703)284-8424