3326 ORDINANCE NO. 3326
AN ORDINANCE OF THE CITY OF SA~FORD, FLORIDA,
AMENDING ORDINANCE NO. 3117, SECTION 2, SCHEDULE B,
PERMITTED USES, SAID ORDINANCE BEING TEE LAND
DEVELOPMENT REGULATIONS, ADDING THE REGULATION OF
COMM'JNICATION TOWERS IN SCHEDULE B; AMENDING
ORDINANCE NO. 3117, SECTION 2, SCHEDULE E
ADDITIONAL REQUIREMENTS FOR SPECIFIC USES, TO ADD THE
REGULATION OF COMMUNICATION TOWERS; PROVIDING FOR
SEVERABILITY, CONFLICTS, EFFECTIVE DATE AND
INCLUSION.
WHEREAS, the City Commission of the City of Sanford would like to
provide for the location of communication towers and communication antennas
in the City of Sanford; and
WHEREAS, the City Commission desires to protect residential areas and
land uses from potential adverse impacts of communication towers and
antennas, and to minimize adverse visual impacts of communication towers
and antennas through careful design, siting, and landscaping; and
WHEREAS, the City Commission would also like to accommodate the
growing need for communication towers and antennas.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF TEE CITY OF SANFORD,
FLORIDA:
SECTION 1: Ordinance No. 3117, said Ordinance being the Land
Development Regulations of the City, Section 2, Schedule B, Permitted Uses,
is amended by the addition of "Communication Tower (3)" and by an amendment
to footnote 5, and by the addition of footnote 24, as follows:
SCHEDULE B
PERMITTED USES
(3) This use is subject to certain specific requirements. (See Schedule E,
Additional Requirements and Provisions for Specific Uses.)
15) Such uses shall be permitted within specifically approved and recorded
easements, rights-of-way and land or water areas identified for such
purposes in the public records of the City of Sanford and/or Seminole
County. If not provided for in the previously described manner such
uses shall be permitted only after being approved as a conditional use.
Such uses shall specifically exclude communication towers.
(24) Communication towers up to a maximum height of two hundred (200) feet
shall be permitted by right. Communication towers greater than two
hundred (200) feet in height shall be permitted only after being
approved as a conditional use.
(*) Indicates that the use listed is permitted subject to complying with
Planned Development Project Regulations. (Schedule D, Planned
Development Project Regulations).
SECTION 2: Ordinance No. 3117, said Ordinance being the Land
Development Regulations of the City, Section 2, Schedule E, Additional
Requirements for Specific Uses, is amended by adding Section 13.0,
Communication Towers, as follows:
SCHEDULE E
ADDITIONAL REQUIREMENTS FOR SPECIFIC USES
SECTION 13.0 CO~2gJNICATION TOWERS
Communication towers include towers greater than 35I
in height (including antenna) which support
communication equipment. Communication towers do not
include amateur radio operator's equipment, as
licensed by the Federal Communications Commission
(FCC). Communication towers include self-supporting
lattice, guyed, and monopole types as well as any
other type of all structures deemed to be a
communication tower by the Administrative Official.
A. Separation Standards. Towers shall be separated from
single and two-family dwelling units and vacant land zoned
single-family residential a minimum distance of two hundred
feet (200') or a distance equal to three hundred percent
(300%) of the height of the tower, whichever is greater.
Towers shall be separated from existing multiple-family
dwelling units a minimum distance of two hundred feet
(200') or a distance equal to three hundred percent (300%)
of the height of the tower, whichever is greater. Further,
towers shall be separated from the property line(s) of
adjacent vacant land(s) zoned multiple-family residential
for a minimum horizontal distance that is equal to the
vertical height of the tower in question.
Separation distances shall be the shorter distance between
the tower structure and the property line of the
residential use or zoning in question.
B. Lighting. Communication towers shall not be artificially
lighted except as required by the Federal Aviation
Administration (FAA).
C. Color. Communication towers not requiring FAA
painting/marking shall have either a galvanized finish or
a non-contrasting blue, gray or black finish.
D. Fencing. A minimum of eight feet (8') tall vinyl coated
chain link fence or masonry wall with access through a
locked gate shall be provided around each communication
tower.
E. Landscaping. A row of shade trees a minimum of eight feet
tall (8') at time of planting and a maximum of ten feet
(10') apart shall be planted around the outside perimeter
of the fence. A continuous hedge of a minimum thirty
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Ordinance No. 3326
inches (30") in height at planting with shrubs spaced a
maximum of thirty inches(30") apart shall be provided in
front of the tree line. All landscaping shall be of the
evergreen variety and irrigated or xeriscape tolerant and
shall be properly maintained.
F. Modification. Existing communication towers may be
modified or rebuilt to an additional twenty feet (20') in
height greater than the original height to provide for
collocation of additional communication equipment. The
height of such modified or rebuilt tower shall comply with
separation requirements from residential uses and zoning
districts as set forth in paragraph A, above.
G. Abandonment. Discontinued use of a communication tower for
180 consecutive days shall be deemed abandonment.
Determination of the date of abandonment shall be made by
the Administrative Official who shall have the right to
request documentation and/or affidavits from the
communication tower owner/operator regarding the issue of
tower usage. The communication tower owner/operator shall
provide all required information within five (5) working
days of a request being made. Upon such abandonment, the
owner/operator shall either dismantle and remove the tower,
request to reactivate the use of the tower or transfer the
tower to another owner/operator.
H. Antennas. Antennas mounted on existing buildings or
structures shall not exceed a maximum of twenty feet (20')
above the highest point of the structure or twenty percent
(20%) of the building height, whichever is greater.
Antennas shall be set back from the edge of the building
or structure a minimum of ten feet (10') or ten percent
(10%) of the roof depth, whichever is greater.
I. Colocation. The City of Sanford desires to minimize the
number and general proliferation of communication towers.
This section is intended to insure that communication
towers that are permitted within the City of Sanford are
utilized in a manner that provides for the maximum number
of service proriders upon each tower within the context of
technical feasibility and safety. Further, this section is
intended to minimize the number of such towers within the
City of Sanford. Specifically, as a minimum, communication
towers exceeding one hundred feet (100) in height shall be
engineered and constructed to accommodate a minimum of two
communication service proriders, e.g., one additional
prorider. The City shall have the authority to require,
specify and otherwise stipulate that communication towers
be engineered and constructed in a manner that provides for
two or more colocations as part of the conditional use
and/or site plan approval processes. As a condition of
approval of all communication towers and to the extent that
colocation is technically feasible, all owners of existing
communication towers shall, upon request of another service
prorider and for reasonable and agreed upon consideration,
permit additional communication service proriders upon such
existing communication tower. Applicants desiring to
construct new communication towers shall submit written
documentation that clearly explains the need for and
reasons for the proposed construction of a new
communication tower rather than locating proposed antenna
array/communication equipment upon an existing tower. Such
documentation shall include plans of existing and future
towers by the applicant/provider in question,
Ordinance No. 3326
correspondence with existing communication tower owners and
may include a cost analysis of alternatives. Existing
service proriders, e.g., existing communication tower
owners, that are unwilling, upon request of another service
prorider, to allow colocation upon such existing tower,
shall submit written documentation to the City with reasons
and justification as to why such colocation cannot be
accomplished. Competition between service proriders shall
not be considered to be a valid reason for preventing or
otherwise obstructing colocation. The City shall determine
whether the applicant and/or the existing prorider are
reasonable and correct in their respective assertions. If
the City determines that either party is being unreasor~lble
or otherwise uncooperative, the City shall deny the
applicant's request for new tower and/or the City may cause
the existing communication tower's approval to be revoked
and said existing tower to be removed. Such determination
involving existing tower owners shall be made in writing
and adopted by a majority vote of the City Commission after
an advertised public hearing. The owner shall be notified
at least 15 days prior to such hearing. Upon adoption of
such determination by the City Commission, the existing
tower owner and the property upon which such tower is
located shall be considered to be a violation of the City's
Land Development Regulations and shall be subject to any
and all remedies and penalties thereof.
SECTION 4: SEVEP~ABILITY. If any section or portion of a section of
this ordinance proves to be invalid, unlawful or unconstitutional, it shall
not be held to impair the validity, force or effect of any other section
or part of this ordinance.
SECTION 5: CONFLICTS. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby revoked.
SECTION 6: EFFECTIVE DATE. That this ordinance shall become effective
immediately upon its passage and adoption.
SECTION 7: INCLUSION. The provisions of this Ordinance shall be
included and incorporated within the Land Development Regulations of the
City of Sanford, Florida, and the Land Development Code shall be revised
to accommodate such inclusion.
ATTEST:
As the City Commission of the
City of Sanford, Florida
Ordinance No. 3326
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do
hereby certify that a true and correct copy of the foregoing Ordinance No.
the City Hall in the City of Sanford, Florida, on the~ay of February,
A.D. 1997.
the City C r ty
, Florida
"5'-
Ordinance No. 3326