HomeMy WebLinkAboutV (B) First Reading: Ordinance No. 96-14. Moratorium on Cellular Communication Towers. The second reading and public hearing will be on September 17, 1996 at 7:30 p.m. AGENDA 9-3-96
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item V B
Ocoee S.SCOTT VANDERGRIFT
®� / COMMISSIONERS
�� 'j(, tliio� RUSTY JOHNSON
., ` �. CITY OF OCOEE SCOTTANDERSON
v �` O 150 N.LAKESHORE DRIVE S IM G E GLASS
l°� � �C� OCOEE,FLORIDA 34761-2258 JIM GLEASON
'�'J,��� (407)656-2322 CITY MANAGER
�� ®p G®gyp ` 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 iksiW
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.
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:\CAPDFILE\STAFFR--1\CCSR-1\SRP96024.WPD
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 Commissioners
Page 3
August 29, 1996
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 required. co-locates in C-3 or I-1.Satellite
height and greater) greater) dishes are permitted on bldgs.Existing
short towers towers may increase height to
less than 75') 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 required.
less than 75')
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,
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 feet feet unless FAA paint required. towers given variances from xeriscape materials.
75'high) (whichever is (whichever is separation requirements.
_greater) greater)
3PPi;OV1E0 E>1' THE :;•1 ki;1) ; i.d- ..
C \LMISSIONERS AT ITS ME lT1u
,Effective Date: May 6, 1996
3 ORDINANCE NO. 96-10
5 AN. ORDINANCE AMENDING THE ACTUAL LIST OF
PERMITTED,CONDITIONAL OR PROHIBi'1'hD USES WITHIN
7 ZONING CATEGORIES IN THE UNINCORPORATED'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 Plan Requirements, is hereby amended in part by adding a
21 new subsection (9) as follows:
Sec.38-1205. Land use plan requirements.
23
a
The land use plan, consisting of properly identified exhibits
25 and support materials, shell 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
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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(ii)the communication tower has a distance separation consistent
with Orange County Code, Section 39-1427(d)(2)d, pertaining 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 land 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
2
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 shall 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 sigage 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 signe shall be removed
immediately.
107
f. Other than the above requirements, such
109 signage 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 IX,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
3
* * *
119
(2) Separation from off-site uses/designated areas.
121
* * *
123
d. Communication tower separation from off-site
125 uses/designated areas.
127 Off-site use/ Separation
Designated area distanced
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 Iand 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 lands or nonresidential apply
uses
153
'Includes modular homes and mobile homes used for
155 living purposes.
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157 'Separation measured from base of tower to closest building
setback line.
159
'Includes any unplatted residential use properties without a
4
.
161 valid preliminary subdivision plan or valid development plan
approval and any multi-family residentially zoned land
163 greater than duplex.
165 `--For communication towers located in PD districts the
separation distance requirements are increased from the listed
167 300%to 400% and the listed 100%to 200%. as appropriate.
169
Section 5. Effective Date. This Ordinance shall take effect pursuant to general law.
171
173
175
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177
179
181
183 phc:ordres\commtwrwpd
185 (04/23/96) -
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5
7IPPROVED BY THE BOARD OF COUNTY
COMMISSIONERS AT ITS MEETING
' AUG 2 9 1935
ORDINANCE NO. 95-25 • r-Q
Effective date: AN ORDINANCE AMENDING THE ACTUAL LEST: tiE" -c t •
9/8/95 PERMITTED, CONDITIONAL OR PROHIBITED;$ ,USE
WITHIN ZONING CATEGORIES IN T`f{
UNINCORPORATED AREA OF ORANGE + a , TY- I�'�' `
FLORIDA; AMENDING THE ORANGE COUN CODE .� ?
CHAPTER 38, ZONING; AMENDING SECTION 30fTY OF OCOEe
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 COMMISSIONERS OF
ORANGE COUNTY:
Section 1. 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, and
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 —2 RCE 1AAAA IAAA lAA 1A R-1 R-2 1171
Communication Towers Communi— S S S S S S S SSSSS S
cation
Towers
>4
—Lattice 5 I S 1 a
-Guyed 5 I a / 5 1 1 a a a a 5 S
-Monopole S S S S S a S l a S a S S
—2—
•
U—v
SIC Clus- RT RT P 1- 1-1 1-2 '(See R—L Condi—
Uses Per Zoning Code Group Land Use s' RT _1 _2 -0 C—i —2 lA 1,a 2=1 1=4 108) -DD tions
Communication Tower Comnuni— & S & & S & S S S S & S & S . a
cation
• Towers
135 135 125. 107 133
-Lattice S S S S S pa fL5 p(I p p p p S
135 Eta 135 101 13S
-Guyed S S S S S P/S P/S P/S P P P P S 5 x
135 135 135 107 131
—Monopole S S S S S ha2LiMaP p P p S S
Section 3 . 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.
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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 limites�
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,
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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
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(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 a
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 Separation
Distance
Single-family or duplex 200 feet or 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 FT MONOPOLE LESS
IN HEIGHT OR• 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 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° 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" B
1088.73 ' , thence N 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-
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-
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-
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, os
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-
i .
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-
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
. effective pursuant to general law.
•t;
PHC667 07/24/95 -20-
Sunday,August 25.1996 our _, ,.
> It
3-k,
Driie time- r,-s 1 F, G,.i, ;. ^ 4"
worth Drive.Lane closings. p Lucerne Circle from America' ' t`.-7 _' r C1 NOTICE OF A MORATORIUM
ignolla • Hughey Avenue between Street to Orange Avenue.Street .+ ' '` •
g y g ' ' RELATING TO TOWERS 4
,ed for Amelia Street and Alexander closed for brickwork. �.� ' `{. a
Place. Lane closing for Lymmo +<*""' 2
■Magnolia Avenue from Living- >?rc'. .z.,.
convection. � ��-� .AND ANTENNA SITES
I from ston to Robinson streets.Limited
s.Pen- tl Ivey Lane from Bruton Soule- to one lane northbound for con- Dean,Abby Land to Old sWinter
ec Gardensefiden- SI Ma n of Lymmo blls lane. A IN OCOEE, FLORIDA
rom SL Lane closings because of widen- ®Magnolia Avenue from Robin. ADVICE
:0 and lag' son to Wall streets.Installation of
1. 436. ■ John Young Parkway at concrete circle and bands under
on and American Boulevard.Oak Ridge way at Magnolia/Washington inter- Nieces can be NOTICE IS HEREBY GIVEN,pursuant to Chapter 166.041,
Road and Central Florida Park- section. Florida Statutes,that the City of Ocoee proposes to adopt the fol-
Willie way.Periodic lane closures to add •Magnolia Avenue and Wash- ordinance:
:r con- tumlanos. Ington Street.Intersection closed pallbearers lowing
II John Young Parkway at East- for Lymmo construction. North- AN ORDINANCE OF THE CITY OF OCOEE,
iwood, West Expressway. Construction bound traffic on Magnolia de- for uncle FLORIDA, RELATING TO TOWERS AND
ale and of ramps and occasional lane toured at Central. ANTENNA SITES, IMPOSING A MORATORIUM
_Ind ao- closings. I Old Winter Garden Road from DEAR READERS:I am on vaca- FOR.ONE HUNDRED AND EIGHTY DAYS ON
oroper- ■ Liberty Avenue between Kirkman Road to Ferguson tion until Aug.31.Don't panic— THE ACCEPTANCE OF APPLICATIONS 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 construction. and utility construction. letters front past years to fill the NEW CONSTRUCTION OF SAME IN THE CITY,
tare of II Livingston Street under Inter- ii Orange Avenue from Church gap.I hope you enjoy them.
state 4.Eastbound lane on Living- to South streets. Southbound MAKING CERTAIN FINDINGS; PROVIDING AN
Con- stop closed for Lymmo construe- traffic limited to two lanes for DEAR ABBY:We have an uncle EFFECTIVE DATE.
Sumer- lion. Lymmo construction. who made a strange request some
time ago.He asked us(his nieces) The proposed ordinance concerns establishing a 180 day moratori-
to be his pallbearers when he dies. urn during which time the City of Ocoee would not accept applica-
He is very sick now and has re- tions nor issue approvals for new construction or the location of tow-
d discuss litigation i n later meeting pealed that request.My father dis- firs or antenna sites within the Ocoee City Limits.The 180 day mora-
approves because he never heard Corium period would enable the City to study the issues related to
of female pallbearers. I for one
to an April 1995 meeting in which stay its course and not address the would like to be a pallbearer at my towers and antenna sites within the Ocoee City Limits.
the same cast or their represents- litigation again unless a matter is uncle's funeral because he is my
rives,encouraged the council not to brought forward by Trees. favorite uncle.My cousins also ; The Ocoee City Commission will hold public hearings concerning
act on the adult entertainment issue Bargaineer's motion for the corm- would like to serveas pallbearers. , the proposed Ordinance at the first of two readings on September 3.
Philip and to let the county's laws protect cil to do nothing was seconded by Have you ever heard of such a 1996,and the second of two readings on September 17, 1996 at
:ouncil them Town Council member Roy Sari- thing?And even if you haven't,do 7:30p.m., or as soon thereafter as racticap at the Ocoee City
At the recent public hearing,Dep- demon Jr.and failed in a 4-2 vote. you see anything wrong with it? P
:st the uty County Administrator Byron —Louisville,Icy. Commission Chambers,150 North Lakeshore Drive,Ocoee,Florida.
Brooks.along with Donegan.reiter- Instead,Town Council member DEAR LOUISVILLE:I have in- The City Commission may continue the public hearing to other dates
•:•Tom aced 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 party shall be
og the da 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
.siness- fered the town continued financial Johnson's motion, the Town should not be carried out when he
• support.Wilkes also pledged the Council can bring up the litigation is' or continued public hearings shall be announced during the hearing
county's support. at a later meeting.Johnson's no- and that no further notices regarding these matters will be published.
:ed the lion was approved in a 4-2 loci- DEAR ABBY:My son, Alen,
County Town Council member Charles sion with Bargaineer and Sander- who is 18, has been going with A copy of the proposed Ordinance may be inspected by the public
similar Bargaineer said the council should son dissenting. Alma Marie for three years.She's at the Ocoee Planning Department, 150 North Lakeshore Drive,
also 18.They have been engaged !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 I Monday through Friday,except legal holidays. .
ncludes trash pickup, free water at home and just started working
• at a bank.Anna Marie works there ; Interested parties may appear at the public hearing and be heard with
too.This bank has a great benefit '
homeowner and a city resident for making the program need-based. package,which includes a$50.000 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 made with respect to any matter considered at the pub-
have to show financial need. Rusty Johnson and Mayor Scott me he made Anna Marie his bene- lic hearing may need a record of the proceeding and for this purpose
or and Earlier this year.a commission- Vandergrift 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 that after they are married, she made which includes the testimony and evidence upon which the
a,000. ed doing away with the tax rebate, original form of the program. should be the beneficiary,but un-
:be at the homeownership requirement Commissioners are expected to tLl 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 ticipate in any of the proceedings should contact the City Clerk's
Ocoee ment.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 would
on his want hispobcy.girlfriendwhatis to your cal- City of Ocoee September 8,1996
opinion?
—Allen's Mother road,"said Michael Stavres,site supervisor for the DEAR MOTHER:I'm with you. _ •
-
•J'n •-' Bithlo center." Until Allen and Anna Marie are - -
ase;which includes the Stavres said as many 1,300 people a month have married(unless she's pregnant), PUBLIC NOTICE nity center and a 6.600- used the services at the park and he expects more Allen's beneficiary should be his
on,will be completed in will come when the center opens. mother.
For years.residents complained they were isolated OR D I NAN.0 E #96-08 1
s Inc.of Orlando is doing and ignored by the county.Many felt there were few DEAR ABBY:I have been told
recreational opportunities for their children. by friends that it is possible to get ON TUESDAY, SEPTEMBER 3, 1996 AT 7:30 P.M.
is Saginaw,an area activ- But through a county program known as"targeted Pregnant through your jeans. I
•ator for AtneriCorps Or- community initiatives"aimed at improving neglect- can't believe this'•
THE EATONVILLE TOWN COUNCIL WILL HOLD A,
organi- I am a.virgin,just turned 15,
ed areas,Bithlo residents are seeing an infusion of and know I am going to be more PUBLIC HEARING AT THE DENTON JOHNSONi
.:'(',t-s.'.--- cash for recreation and community services. involved with guys now that I'm
.ry con- , - The old community center on Old Cheney High- dating. If this is possible, I am CENTER, 400 RUFFEL STREET, TO CONSIDER-cos,in- way served as a social hub for many residents.but it scared to death to get very close to THE 2ND OF 2 READINGS ON AN ORDINANCE
avelop- • -- was closed in August 1993 after county officials any guy.I need to know as soon
nty ou 's i`.';^':✓ found health and safety code violations. as possible. AMENDING THE ZONING MAP OF THE TOWNI
he new of money caused delays in reopening the and
nter.lack
The dumb Question.on't think this is a OF EATONVILLE, CHANGING THE ZONING
.on of a , `"r; `� —worried in El Paso CLASSIFICATION-FROM R-2 SINGLE FAMILY'
onto of facility is now used by Storehouse Ministries Inc. DEAR WORRIED: It is not a
'' and Citizens for a Better Neighborhood for bingo and question. RESIDENTIAL TO I-1 PLANNED INDUSTRIAL DIS-
:ounty 1 dumb It's a very interli-
Stavres church services. 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
:ow we're finally on that that building in a community redevelopment plan. while kissing.Then they just nat- STATE PARK, LEGALLY DESCRIBED AS PARCEL
urallywhich proceedpe to the next step, "A',THAT PART OF THE EAST 300 ST OF NORTH'
which is petting.
the rule at popular lending library It's not possible to get pregnant through one's jeans, but some-
900 FT OF THE SOUTHWEST 1/4 OF THE
times kids remove some of their SOUTHWEST 1.4 OF SECTION 35, TOWNSHIP'
1 thor is R.L.Stine,who writes 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 locat- explore each others bodies with CONFLICTS,SEVERABILIiY AND AN EFFECTIVE
"I like to read."said the sixth-grader at Discovery their hands.This is known as
out the books and bring Middle School.He also goes to Bithlo Park to play heavy petting,or"doing every- DATE. INTERESTED PARTIES MAY APPEAR AND.
done,"Higgs said."The soccer and hang out with his friends. thing else but" BE HEARD REGARDING THE SAME.A COPY OF
nooks back." Higgs said the books have been donated by a num- The technical(and legal)defini-
al organization that puts her of sources.including library users.But the best Lion of sexual intercourse is"pen- THE PROPOSED ORDINANCE IS AVAILABLE IN
.Higgs,who also tutors at donor has been Scholastic Book Fairs,headquartered ettmtion`." (The male's sex organ THE TOWN CLERKS OFFICE AT TOWN HALL.
._,- ,..__. , e.,e,.�,..,h ro...�ie��t
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