A.

Purpose.

This Section 5-19 is consistent with the Future Land Use Element of the Ocoee Comprehensive Plan by providing for the evaluation of new telecommunications service facilities to promote, protect, and improve the public health, safety, general welfare, and aesthetics of the community by addressing their significant aesthetic and safety impacts. The purpose of this Section 5-19 is to require that telecommunications service facilities are located, designed, sited, and constructed to blend into their surroundings unobtrusively.

B.

Intent.

The regulations and requirements set forth herein are adopted:

(1)

To define the areas where telecommunications service facilities may be located;

(2)

To promote camouflaged telecommunications service facilities as the primary option rather than the construction of additional conventional telecommunication structures or other unsightly facilities;

(3)

To promote telecommunications service facilities that are either building-mounted or innovative rather than the construction of additional conventional telecommunication structures or other unsightly facilities;

(4)

To limit those areas of the City where conventional telecommunications service facilities may be located;

(5)

To promote proposals for aesthetically-pleasing, artistic, imaginative, and architecturally Innovative approaches to constructing telecommunications service facilities provided that a public benefit can be realized and adverse impacts can be offset;

(6)

To avoid potential damage, nuisance, or interference to adjacent properties from telecommunications service facilities through careful locating, siting, designing, engineering, and evaluation of facilities;

(7)

To establish competitively neutral and predictable regulations for the review of telecommunications service facilities taking into account the nature and scope of individual applications; and

(8)

To accommodate the need for telecommunications service facilities while protecting neighborhoods and other areas of the City from the potential incompatibility, adverse impacts, and visual obtrusiveness of facilities and to minimize the adverse visual impacts of such structures through the careful evaluation of each application.

A strict application of this Section 5-19 shall not discourage applicants from proposing innovative approaches to providing telecommunications service facilities provided that the proposal results in the least disruptive, least obtrusive, and most compatible construction, design, location, and siting of the facility.

C.

Applicability.

No telecommunications service facilities shall be located, constructed, or modified except in compliance with the provisions of this Section 5-19. Additionally, all such facilities shall comply with all other applicable sections of the City of Ocoee Land Development and Building Codes, to the extent not inconsistent herewith. This Section 5-19 shall apply to all telecommunications service facilities whether such facilities are used as a principal use or as an accessory use. Separation shall be measured between all nearby telecommunications service facilities irrespective of municipal or jurisdictional boundaries.

(1)

Amateur Radio/Receive-Only Antennas: This Section 5-19 shall not govern any tower, or the installation of any antenna, that is under the conventional zoning district height limitation and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

(2)

Pre-Existing Telecommunications Service Facilities: Any telecommunications service facility, tower, or antenna for which a permit has been properly issued prior to May 20, 1997 shall be considered a legal non-conforming use and governed by Section 5-19 (N).

D.

Generally.

The City of Ocoee has determined that the use of conventional zoning classifications are inappropriate for the permitting of telecommunications service facility locations. Accordingly, the City has adopted Map 5-19 "Telecommunications Service Facilities Location Map," a copy of which is attached hereto as Exhibit "A" and by this reference is incorporated herein, which will be used for permitting the location and types of telecommunications service facilities within three (3) areas (Areas One, Two, and Three). Only one (1) ground-mounted structure shall be permitted per location, except for clustering of telecommunications service facilities as provided for in Section 5-19(E)(4), Innovative.

(1)

Director of Planning. The Director of Planning shall have the initial responsibility for determining whether a proposed telecommunications service facility is consistent with the intent of this Section 5-19. The Director shall also encourage innovative approaches to providing telecommunications service facilities that minimize any adverse impacts of such structures. Accordingly, pre-application conferences are strongly encouraged in the presiting phase.

(2)

Burden of Proof and Compliance. An applicant must demonstrate compliance with the conditions specified throughout this Section 5-19. The applicant shall be solely responsible for proving that an application is in compliance with these criteria, not the City of Ocoee.

(3)

Application Processing.

Telecommunications service facilities identified in this Section 5-19 may be permitted either through the Site Plan or Special Exception review process.

Applications for telecommunications service facilities that require Site Plan approval shall be processed in accordance with Section 4-3 "Site Plan Review for Development not Classified as a Subdivision" and Section 5-19(J) "Site Plan Review." Site Plan applications shall be submitted to and evaluated by the Director of Planning as provided for in Sections 4-3 and 5-19 except that such facilities shall also comply with information and submittal requirements contained in Section 5-19(I) "Application Submittals" and Section 4-3 "Site Plan Review for Development not Classified as a Subdivision."

Applications for telecommunications service facilities that require Special Exception approval shall be processed in accordance with Section 4-8 "Special Exception" and Section 5-19(K) "Special Exception Review." Special Exception applications shall be submitted to and evaluated by the Director of Planning as provided for in Sections 4-8 and 5-19 except that such applications shall also comply with the submittal and informational requirements contained in Sections 5-19(I) "Application Submittals" and Section 4-3 "Site Plan Review for Development not Classified as a Subdivision."

(4)

Prohibited Telecommunications Service Facilities.

The following telecommunications service facilities are considered to be inconsistent with the intent, purpose, and findings of this Section 5-19 and are not permitted in Ocoee, Florida.

(a)

roof-mounted monopoles or towers;

(b)

apparatus that is in conflict with the intent of this Section 5-19; and

(c)

telecommunications service facilities located outside of Areas One, Two, or Three, as shown on Map 5-19, except those facilities legally existing on the date of this ordinance.

E.

Facilities Permitted in Area One.

These regulations are intended to protect neighborhoods, enhance the appearance of the community, and encourage innovative approaches to providing telecommunications service facilities. Camouflaged, Building-Mounted, and Accessory telecommunications service facilities shall be permitted uses in Area One. Innovative telecommunications service facilities shall require Special Exception approval. Apart from the facilities listed below, no other facilities shall be permitted in Area One shown on Map 5-19.

(1)

Camouflaged telecommunications service facilities.

All telecommunications service facilities permitted under this subsection shall be camouflaged, including alternative mounting structures and apparatus. Each camouflaged telecommunications service facility shall comply with the performance standards outlined in Section 5-19 (H) "Specific Use/ Development Standards" and all of the following standards:

(a)

Size.

No camouflaged telecommunications service facility located in Area One may exceed 75 feet in height above ground level.

(b)

Location.

Camouflaged telecommunications service facilities may be located either on public or private property.

(c)

Siting.

Alternative mounting structures, apparatus, equipment shelters, and security barriers shall be located on a site so as to blend all facilities to the maximum extent possible into either the built or natural environment, as appropriate. Equipment shelters may be contained within the structure, located underground, or otherwise screened to disguise the shelter. Facilities that are camouflaged as trees may not be utilized to meet the City's landscaping requirements for the principal use.

(d)

Design.

By definition, camouflaged telecommunications service facilities shall be designed, painted, and screened so as to be unnoticeable to the casual observer. No apparatus shall be readily visible through the proposed camouflage. No telecommunications service facilities shall be attached to living plants.

(e)

Separation.

There shall be no requirement to separate camouflaged facilities from other telecommunications service facilities or other structures.

(f)

Co-location.

If all proposed co-located telecommunications service facilities are included in the application, then the number of antennas that may be vertically co-located shall only be limited by the ability to camouflage the antennas, in a manner acceptable to the City.

(2)

Building-Mounted.

Building-Mounted telecommunications service facilities shall comply with the performance standards outlined in Section 5-19(H) "Specific Use/ Development Standards" and all of the following standards:

(a)

Size.

No structure or building-mounted telecommunications service facility located in Area One may exceed the underlying zoning district height restrictions, except as provided for in Section 5-5(A). In no case shall such a facility exceed fifty (50) feet in height above ground level.

(b)

Location.

Building-mounted telecommunications service facilities may be located either on private or public buildings. Building-mounted facilities shall not be located on single family or duplex residential structures.

(c)

Siting.

Facade-mounted facilities may extend ten (10) percent into any required setback. By definition, building-mounted telecommunications service facilities shall not be ground-mounted. Any telecommunications service facility, apparatus, and security barrier, if applicable, shall be located so as to blend all facilities to the maximum extent possible into the built environment. Equipment shelters may be contained within the building or located on the ground adjacent to the building provided that the shelter is surrounded by landscaping. Alternatively, equipment shelters may be located on the roof provided that they are screened per Section 6-10(I)(7) "Other Requirements." In no case shall a telecommunications service facility extend more than six (6) feet above a parapet wall or roof-mounted screen.

(d)

Design.

Building-mounted telecommunications service facilities and all related apparatus shall be designed, painted, and screened to be unnoticeable to the casual observer. Facade-mounted facilities shall be unobtrusive and consistent with the design of the building. Monopoles and guyed towers may not be placed on buildings.

(e)

Separation.

There shall be no requirement to separate building-mounted telecommunications service facilities from on-site buildings or other telecommunications service facilities located either on- or off-site.

(f)

Co-location.

Several roof-mounted telecommunications service facilities may be co-located on the same building. The number and design of co-located facilities shall be limited by the ability to screen the apparatus in accordance with Section 6-10(I)(7) "Other Requirements" and to meet the other requirements of this Section 5-19(E)(2).

(3)

Accessory Facilities.

Accessory telecommunications service facilities shall comply with the performance standards outlined in Section 5-19(H) "Specific Use/ Development Standards" and all of the following standards:

(a)

Size.

No accessory telecommunications service facility located in Area One may exceed the height restrictions of the underlying zoning district. In no case shall such a facility exceed fifty (50) feet in height above ground level.

(b)

Location.

Accessory telecommunications service facilities may be located either on public or private property; however, such facilities may not be located on single family or multifamily property. By definition, accessory facilities may not constitute the principal use of a location, as determined by the type of Occupational License assigned to the location address and/or the amount of square footage proposed for the telecommunications service facility.

(c)

Siting.

An accessory telecommunications service facility shall be constructed a minimum of ten (10) feet from principal structure, in the rear or side yard. Such facilities shall also meet the applicable district setbacks of the underlying zoning district. An accessory facility and its related apparatus, equipment shelter, and security barrier shall be constructed and placed on the property so as to blend all facilities to the maximum extent possible into the built environment.

(d)

Design.

The mounting structure shall be of the Monopole or Guyed Tower type and be flat white or flat gray in finish color. In all visual respects, the design of the facility shall be minimally intrusive upon adjoining property owners. No facility with Federal Aviation Administration lighting may be constructed in Area One as an accessory structure.

(e)

Separation.

Accessory telecommunications service facilities shall be separated from off-site structures by at least their height.

(f)

Co-location.

No vertical co-location or clustering of accessory facilities shall be permitted.

(4)

Innovative.

The size, height, location, siting, design, construction, landscaping, screening, and fencing proposals for telecommunications service facilities, considered to be innovative, shall be included in the applicant's request. The requests must be conceptually approved by the Director of Planning, and receive final approval through the Special Exception process. In addition to the criteria for Special Exceptions set forth at Sections 4-8, 5-19(H), and 5-19(K), applications for innovative telecommunications service facilities shall comply with the following:

(a)

Size.

The size and height of an innovative telecommunications service facility shall require Special Exception review. In no case shall such a facility exceed one hundred twenty-five (125) feet in height.

(b)

Location.

Innovative telecommunications service facilities may be located either on private or public property; however, such facilities may not be located on single-family or duplex property.

(c)

Siting.

The siting for an innovative telecommunications service facility must be approved as part of the Special Exception review process. Applicants may request permission to place such facilities within the public right-of-way, pursuant to Section 153-5 "Application Procedures" and Section 153-5.1 "Compliance Requirements" of the Ocoee Code of Ordinances. A lease and/or franchise agreement may be required by the City Commission as a condition precedent to Special Exception approval.

(d)

Design.

The architectural design of an innovative telecommunications service facility must be included in the applicant's request and considered as part of the Special Exception process. The proposed design shall be truly innovative and the height, size, bulk, massing, and opacity shall be the minimum necessary. Also, the proposed design shall be aesthetically-pleasing and compatible with the existing character of development in the area, and the design of such facilities should consider the incorporation of features that provide a public benefit.

(e)

Separation.

The separation requirements applicable to Innovative facilities must be approved as part of the Special Exception review process. Proposed separation requirements shall be reviewed by the Director of Planning and considered by the Development Review Committee, Planning and Zoning Commission, and City Commission based upon design factors and the visual impact analysis.

(f)

Co-location.

Vertical co-location and clustering may be permitted based upon design factors.

F.

Facilities Permitted in Area Two.

These regulations are intended to protect neighborhoods and preserve the appearance of the community by providing limited areas where conventional types of telecommunications service facilities may be located. Telecommunications service facilities permitted in Area One above shall also be permitted in Area Two. Additionally, Innovative, Guyed, or Monopole telecommunications service facilities may be located in Area Two subject to Special Exception approval. Apart from the telecommunications service facilities listed below, no other facilities shall be approved in Area Two shown on Map 5-19.

(1)

Camouflaged telecommunications service facilities shall be permitted in Area Two as outlined in Section 5-19(E)(1) above.

(2)

Building-Mounted telecommunications service facilities shall be permitted in Area Two as outlined in Section 5-19(E)(2) above, except that such facilities shall not exceed one hundred (100) feet in height.

(3)

Accessory telecommunications service facilities shall be permitted in Area Two as outlined in Section 5-19(E)(3) above.

(4)

Innovative telecommunications service facilities shall be permitted in Area Two as outlined in Section 5-19(E)(4) above, except that such facilities shall not exceed one hundred fifty (150) feet in height.

(5)

Monopoles. Monopole telecommunications service facilities require Special Exception approval and must meet the performance standards outlined in Section 5-19(H) "Specific Use/ Development Standards" as well as the following:

(a)

Size.

No monopole telecommunications service facility located in Area Two may exceed one hundred fifty (150) feet in height.

(b)

Location.

Monopole telecommunications service facilities may be located either on public or private property, except that such facilities may not be located on single family or multifamily properties.

(c)

Siting.

Monopoles shall be set back the greater of the high buffer (see Section 5-18(C)) or the required street setback (see Section 6-10(I)(3)). Monopoles shall be set back ten (10) feet from other on-site structures.

(d)

Design.

Monopole telecommunications service facilities shall be designed to have a narrow streamlined silhouette. Whip, cross-polarized, or dual-polarized antennas are preferred as the primary method of attaching antenna sets to monopoles. Monopoles and any attached apparatus shall have a flat white or flat finish color, except that the enclosure/ screen may have another finish color which blends into its environment.

(e)

Separation.

Monopoles shall be separated by at least two hundred (200) feet from any residence. Monopoles shall be separated from guyed towers, lattice towers, and other monopoles by at least one-quarter (¼) mile.

(f)

Co-location.

A maximum of twenty-four (24) antennas may be co-located on a monopole. Of those, no more than one (1) may be a grid antenna and any remainder may only be panel or whip antennas. In addition, the maximum number of possible antennas shall be limited by the capacity of the monopole at the permissible height. The addition of antennas onto an existing approved monopole, up to the maximum number permitted, shall require only site plan approval in accordance with Sections 5-19(I) and (J).

(6)

Guyed Towers.

Guyed telecommunications service facilities require Special Exception approval and must meet the performance standards outlined in Section 5-19(H) "Specific Use/Development Standards" as well as the following:

(a)

Size.

No Guyed Tower telecommunications service facility located in Area Two may exceed one hundred fifty (150) feet in height.

(b)

Location.

Guyed towers may be located either on public or private property, except that such facilities may not be located on single family or multifamily residential properties.

(c)

Siting.

Guyed towers and their related structural cables and ground anchors shall be set back the greater of the high buffer (see Section 5-18(C)) or the required street setback (see Section 6-10(I)(3)). Guyed towers shall be set back ten (10) feet from other on-site uses.

(d)

Design.

Guyed towers and any apparatus shall be designed to have a narrow, transparent silhouette, exclusive of their cables. Whip, cross-polarized, or dual-polarized antennas are preferred as the primary method of attaching antenna sets to guyed towers. Guyed towers and any attached apparatus shall have a flat white or flat gray finish color.

(e)

Separation.

Guyed towers shall be separated by at least two hundred (200) feet from any residence. Guyed towers shall be separated from monopoles, lattice towers, and other guyed towers by at least one-quarter (¼) mile.

(f)

Co-location.

A maximum of twenty-four (24) antennas may be co-located on a guyed tower. Of those, no more than one (1) may be a grid antenna and any remainder may only be panel or whip antennas. In addition, the maximum number of possible antennas shall be limited by the capacity of the guyed tower at the permissible height. The addition of antennas onto an existing approved guyed tower, up to the maximum number permitted, shall require site plan approval in accordance with Sections 5-19(I) and (J).

G.

Facilities Permitted in Area Three.

These regulations are intended to protect neighborhoods, preserve the appearance of the community, and concentrate the most unsightly facilities in a limited geographical area. Telecommunications service facilities permitted in Area One and Area Two shall also be permitted in Area Three. Additionally, Innovative, Monopole, Guyed, and Lattice telecommunications service facilities may be located in Area Three subject to Special Exception approval. Apart from the telecommunications service facilities listed below, no other telecommunications service facilities shall be approved in Area Three shown on Map 5-19.

(1)

Camouflaged telecommunications service facilities shall be permitted in Area Three as outlined in Section 5-19(E)(1) above.

(2)

Building-Mounted telecommunications service facilities shall be permitted in Area Three as outlined in Section 5-19(E)(2) above, except that such facilities shall not exceed one hundred (100) feet in height.

(3)

Accessory telecommunications service facilities shall be permitted in Area Three as outlined in Section 5-19(E)(3) above.

(4)

Innovative telecommunications service facilities shall be permitted in Area Three as outlined in Section 5-19(E)(4) above, except that such facilities shall not exceed two hundred (200) feet in height.

(5)

Monopole telecommunications service facilities shall be permitted in Area Three as outlined in Section 5-19(F)(5) above except that no facility located in Area Three may exceed two hundred (200) feet in height.

(6)

Guyed telecommunications service facilities shall be permitted in Area Three as outlined in Section 5-19(F)(6) above except that no facility located in Area Three may exceed two hundred (200) feet in height.

(7)

Lattice telecommunications service facilities require Special Exception approval and must meet the performance standards outlined in Section 5-19(H) "Specific Use/Development Standards" as well as the following:

(a)

Size.

No Lattice tower located in Area Three may exceed two hundred (200) feet in height.

(b)

Location.

Lattice towers may be located either on public or private property, except that such facilities shall not be located on single-family or multifamily residential properties.

(c)

Siting.

Lattice towers shall be set back the greater of the high buffer (see Section 5-18(C)) or the required street setback (see Section 6-10(I)(3)). Lattice towers shall be set back ten (10) feet from other on-site uses.

(d)

Design.

Platforms or mounting brackets may be used to attach antenna sets to lattice towers. Lattice towers and their apparatus shall have a flat white or flat gray finish color.

(e)

Separation.

Lattice towers shall be separated by at least two hundred fifty (250) feet from any residence. Lattice towers shall be separated from monopoles and guyed towers by at least one-quarter (¼) mile. Lattice towers shall be separated from other lattice towers by at least one-half (½) mile.

(f)

Co-location.

A maximum of twenty-four (24) antennas may be co-located on a lattice tower. Of those, no more than one (1) may be a microwave antenna, no more than one (1) may be a satellite dish antenna, no more than five (5) may be grid antennas, and any remainder may only be panel or whip antennas. In addition, the maximum number of possible antennas shall be limited by the capacity of the lattice tower at the permissible height. The addition of antennas onto an existing approved lattice tower, up to the maximum number permitted, shall require site plan approval in accordance with Sections 5-19(I) and (J).

H.

Specific Use/Development Standards.

The following regulations supplement the general regulations above in Sections 5-19(E), (F), and (G):

(1)

Building and Electrical Codes.

New telecommunications service facilities and all modifications to existing structures such as, the addition of height and the addition of antennas, shall be constructed in accordance with all City building and electrical codes and shall be certified by an engineer licensed to practice in the State of Florida.

(2)

Structural Certification.

Each application for modification or construction of a telecommunications service facility shall include a certification of the structural integrity of the facility and foundation plans sealed by an engineer licensed to practice in the State of Florida.

(3)

Public Facilities.

If the City determines that there is a governmental or public safety need, the City Commission may grant specific waivers to this Section 5-19 in order to allow the construction of a proposed public safety or governmental telecommunications service facility. If the City Commission determines that a proposed telecommunications service facility is situated in a location which will benefit the City's telecommunication systems, then such a facility shall be engineered and constructed to accommodate the City's additional equipment. The applicant shall engineer and construct the facility and the City shall reimburse the applicant for the actual engineering and construction expenses incurred in meeting the City's needs.

(4)

Non-interference.

Each application for a telecommunications service facility shall include a certification by a licensed engineer that no interference with public safety system and/or public safety entities will occur. Each application shall also include a certified statement that the facility, including reception and transmission functions, will not interfere with the usual and customary transmission or reception of radio, television, etc., service enjoyed by adjacent residential and nonresidential properties.

(5)

Subdivision of property.

A telecommunications service facility may be located on a parcel without requiring a subdivision of land provided that: (1) a legal description of the leased property is provided with the application; (2) the required security barrier is located on the boundaries of the location; and (3) the telecommunications service facility is otherwise permitted by this Section 5-19.

(6)

Design.

Equipment that would otherwise be visible against a building or structure shall be designed to blend with such building or structure. Equipment that would be visible against the sky or other background shall be designed to minimize its visibility against such background. Appearance shall be evaluated based upon the degree to which the telecommunications service facility "blends with" or "disturbs" its setting. Form shall be evaluated with respect to the degree to which the shape of the telecommunications service facility relates to its surroundings. The size of a telecommunications service facility shall be evaluated based upon the silhouette of the telecommunications service facility so as to minimize its visual impact. If any aspect of a telecommunications service facility's design is deemed not acceptable by the City, then the City shall specify those types of design that would be acceptable.

(7)

Osprey/Eagle Nesting.

New freestanding telecommunications service facilities shall incorporate a design that provides an integral nesting platform to direct the most likely site for osprey or eagle nesting to a location on the tower which will reduce the risk of interference with tower equipment and maintenance.

(8)

Security Barriers.

A maintenance-free six-foot tall security barrier shall be required for all telecommunications service facilities. The security barrier requirement may be waived for camouflaged, building-mounted, innovative, and accessory telecommunications service facilities. Security barriers shall surround all facilities and be located on or within five (5) feet of the boundary lines of the lot or leasehold.

(9)

Equipment Shelters.

One (1) equipment shelter shall be permitted in conjunction with each telecommunications service facility user.

(10)

Equipment Storage.

Mobile or immobile equipment not used in direct support of a facility shall not be stored or parked on the site of the telecommunications service facilities unless repairs to the mounting structure are being made.

(11)

Parking.

The City shall require a parking area designed to serve all telecommunications service facilities at each location. The parking area shall provide at least one (1) parking space. Parking requirements may be waived for camouflaged, innovative, and accessory telecommunications service facilities.

(12)

Landscaping.

The visual impacts of telecommunications service facilities shall be mitigated for nearby viewers through landscaping or other screening materials located along the outside of the security barrier. All landscaping shall be of an evergreen species, fully irrigated, and selected from the list of plant materials in Section 6-10 "Landscaping." 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 these requirements. At a minimum, the following landscaping and buffering shall be required:

(a)

A row of canopy/shade trees shall be planted twenty-five (25) feet apart just outside of the security barrier. At the time of planting, each tree shall have be a minimum of two (2) inches d.b.h. with overall height of twelve (12) feet. The mature height of the selected tree species shall be at least thirty-five (35) feet; and

(b)

A continuous hedge at least thirty (30) inches high at planting and capable of growing to at least forty-five (45) inches in height within eighteen (18) months shall be planted in front of the security barrier.

(13)

Signs and Advertising.

The use of any portion of a mounting structure for sign or advertising purposes including, without limitation, company name, banners, or streamers, is prohibited.

(14)

Warning Signs.

If high voltage is necessary for the operation of the facility or any accessory structures, "HIGH VOLTAGE - DANGER" warning signs shall be permanently attached to the security barrier and shall be spaced not more than forty (40) feet apart. "NO TRESPASSING" warning signs shall be permanently attached to the security barrier and shall be spaced not more than forty (40) feet apart. The letters for the "HIGH VOLTAGE" "DANGER" and "NO TRESPASSING" warning signs shall be at least six (6) inches in height. The two (2) warning signs may be combined into one (1) sign. The warning signs shall be installed at least five (5) feet above the finished grade of the fence. The warning signs may be attached to freestanding poles if the content of the signs may be obstructed by landscaping.

(15)

Lighting and Marking.

If an applicant has requested a permit to build or modify a telecommunications service facility, and the Federal Aviation Administration determines that the facility shall be marked or illuminated, then the applicant shall redesign the modification request to avoid any Federal Aviation Administration illumination or marking requirements. Modification of a telecommunications service facility shall not be approved where to do so would require illumination or marking, based upon Federal Aviation Administration requirements, of a proposed facility or an existing unmarked/ unlit facility.

(16)

Federal Requirements.

All telecommunications services facilities must comply with the radio frequency radiation standards of the Federal Communications Commission. Each application for telecommunications service facilities shall include a certified statement from a registered engineer indicating compliance with these standards. If such standards are changed, then the owner(s) and/or operator(s) of any facilities governed by this Section 5-19 shall bring such facilities into compliance with such revised standards within one hundred eighty (180) days of the effective date of such standards, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring telecommunications service facilities into compliance with such revised standards shall constitute an abandonment.

(17)

Code Enforcement Action.

In addition to all other legal and equitable remedies available to the City for enforcement, this Section 5-19 shall, without limitation, be enforceable by Code Enforcement Action as provided for in Chapter 7 of the Ocoee Code of Ordinances and Chapter 162, Florida Statutes.

I.

Application Submittals.

All Site Plan and Special Exception applications, submitted in accordance with this Section 5-19, shall comply with the informational requirements of Section 4-3 and this Section 5-19(I), unless otherwise determined by the Director of Planning. The applicant shall also clearly demonstrate that the proposed facility is consistent with all pertinent sections of the Ocoee Land Development Code, Building Code, and Code of Ordinances.

(1)

Application Fees.

Applications shall include a Flat Fee and Review Deposit in accordance with Resolution 92-11 "Development Review Fees," or any subsequent amendments thereto. Review Deposit Accounts shall be set up to reimburse the City for consultant fees as provided for in Section 1-12 "Development Review Fees" of the Ocoee Land Development Code. At the time that a Building Permit is requested, telecommunications service facilities applicants shall also pay applicable Building Permit fees.

(2)

Plans.

The applicant shall initially submit two (2) plan sets for a determination of sufficiency or completeness. Once the application is determined to be complete, the applicant shall submit eight (8) sets for Site Plans and fifteen (15) sets for Special Exceptions. Each plan set shall be scaled, sealed, and include the following:

(a)

A site plan depicting the locations of the following: any existing or proposed structures, any existing signs, any existing or proposed property lines, and dimensions indicating compliance with the siting requirements.

(b)

A vicinity map depicting the layout of the location in relationship to adjacent structures and properties.

(c)

A survey and legal description depicting the subject property and the proposed location. The survey shall also show existing structures and easements.

(d)

Two (2) opposing elevations showing the proposed structure, equipment shelter, and apparatus in comparison to human scale.

(e)

A topographical map of the site, subject property, and adjacent roadways and adjoining properties with one-foot intervals.

(f)

A landscape plan indicating the proposed number, type, and arrangement of plant materials, including a tree survey and identification of all trees to be saved.

(g)

A draft wiring plan showing the fiber optic lines and wires connecting the applicant's equipment and facility together and identifying the owner of the lines and wires.

(3)

Leaseholds.

The applicant shall submit a written statement that the lease between the applicant and landowner of the subject property contains a provision that the landowner is responsible for the removal of telecommunications service facilities in the event that the applicant/carrier fails to remove it upon abandonment.

(4)

Letter.

A letter from the applicant stating the operating company's name and address, the type of facility requested, and a statement of the type of application approval being sought. The applicant shall submit photographs of similar types of facilities along with the letter and any other information deemed appropriate by the applicant or as requested by the Planning Department.

(5)

Environmental Assessments.

A copy of Environmental Statements or Assessments prepared for submission to the Federal Communications Commission and/or the National Environmental Policy Administration when such assessments are required by said agency(ies).

(6)

Additional submittals required for Special Exceptions.

(a)

Surrounding property owners.

A list of tax parcel numbers, owner names, addresses, and a map of surrounding properties located within six hundred sixty (660) feet of the location generated from current Orange County Tax Assessor's Records. In addition, the applicant shall provide number ten (10) envelopes preaddressed with the Planning Department address in the return address area and the current owner information (including parcel number) in the addressee area for all surrounding property owners within six hundred sixty (660) feet of the location.

(b)

Visual Impact Analysis.

To ensure land use compatibility, each application for a proposed facility shall include a visual impact analysis with the following information, at a minimum:

i.

An aerial photograph having a scale of not more than 1 inch = 300 feet depicting the location of the proposed facility.

ii.

A map depicting the pattern of adjacent land uses and roadway network within a 660-foot radius of the proposed location.

iii.

Before Pictures. At least six (6) color photographs (4" x 6" minimum size) from adjacent properties within six hundred sixty (660) feet of the proposed facility, three (3) feet from adjacent roadways (view corridors) and three (3) [feet] from residential areas (viewpoints).

iv.

After Pictures. Either a color elevation, a color photo-simulation, or a color copy of the manufacturer's brochure (elevation) of the proposed facility. Each elevation should indicate the approximate height and location of the proposed facility in relation to the existing skyline, viewpoints, and view corridors.

v.

An identification of significant (taller than fifty (50) feet) existing natural and manmade features adjacent to the proposed facility location, to include those features that will provide buffering for adjacent properties and public rights-of-way.

vi.

A sight line representation drawn from view points within six hundred sixty (660) feet of the proposed facility to the highest point of the telecommunications service facility. Each sight line shall be depicted in profile, drawn at a scale of at least at one (1) inch equals forty (40) feet. The profiles shall show all intervening trees and buildings.

J.

Site Plan Review.

Site Plan applications shall be processed as provided for in Section 4-3 "Site Plan Review for Development not Classified as a Subdivision" and this Section 5-19(J) "Site Plan Review." Such applications shall be submitted to and evaluated by the Director of Planning as provided for in Sections 4-3 and 5-19(J) except that such facilities shall not be reviewed by the Planning and Zoning Commission and the City Commission. Site Plan applications shall be filed in accordance with Section 4-3 and Section 5-19(I) "Application Submittals."

(1)

Applications shall be reviewed based upon the criteria for each type of facility as identified in Sections 5-19(E), (F), (G), (H), and (J). Application forms and the amount of the application fees for Site Plan review shall be obtained from and returned to the Planning Department.

(2)

Additionally, Site Plan applications for telecommunications service facilities shall not be reviewed by the Development Review Committee unless the Director of Planning intends to deny the application. A decision to deny a Site Plan application for a telecommunications service facility shall be in writing and must be based on evidence in the record presented before the Development Review Committee at the time the decision is issued. A recommendation for denial:

(a)

may be based upon an insufficient application which has not been completed within ninety (90) days of the date that a letter is sent notifying the applicant that the application is incomplete;

(b)

may be based upon submittals that do not comply with the requirements of the Ocoee Land Development Code; and

(c)

may not be based upon safety concerns related to radio frequency radiation as stated in the Telecommunications Act of 1996.

K.

Special Exception Review.

Applications for telecommunications service facilities that require Special Exception approval shall be processed in accordance with Section 4-8 "Special Exception" and this Section 5-19(K). Special Exception applications shall be initially submitted to and evaluated by the Director of Planning as provided for in Sections 4-8 and this Section 5-19(K) except that such applications shall also comply with the submittal and informational requirements contained in Sections 5-19(I) "Application Submittals" and Section 4-3 "Site Plan Review for Development not Classified as a Subdivision" and undergo DRC review and public hearings before the Planning and Zoning Commission and City Commission.

(1)

Applications shall be reviewed based upon the criteria for each type of facility as identified in Section 5-19(E), (F), (G), (H) and (K) as well as the following:

(a)

Telecommunications service facilities shall be located, sited, and designed to ensure compatibility with surrounding land uses and the character of existing development. Compatibility shall be evaluated with respect to the visual impact analysis the design of the proposed facility, and the character of surrounding development.

(b)

The facility will not adversely affect surrounding residential and/or non-residential properties. An adverse effect would be indicated when the proposed facility will be of a height, bulk and scale that is not compatible with surrounding residential and/or nonresidential uses. An adverse effect shall be evaluated based upon: (i) appearance or the degree to which the telecommunications service facility "blends with" or "disturbs" its setting; (ii) form or the degree to which the shape of the telecommunications service facility relates to its surroundings; and (iii) the silhouette or a minimized visual impact. If any aspect of a telecommunications service facility's design is deemed not acceptable by the City, then the City shall specify those types of design that would be acceptable.

(c)

Whether the needs of the applicant can be met by means of a camouflaged or building-mounted telecommunications service facility.

(d)

The proposed facility is designed to unobtrusively blend into its surroundings to the maximum extent feasible.

(2)

A decision to deny a Special Exception application for a telecommunications service facility shall be in writing and must be based on evidence in the record presented before the Development Review Committee, Planning and Zoning Commission, and Ocoee City Commission at the time that the decision is issued. A recommendation for denial:

(a)

May be based upon an insufficient application which has not been completed within ninety (90) days of the date that a letter is sent notifying the applicant that the application is incomplete;

(b)

May be based upon submittals that do not comply with the requirements of the Ocoee Land Development Code; and

(c)

May not be based upon safety concerns related to radio frequency radiation as stated in the Telecommunications Act of 1996.

L.

Reports.

Each freestanding ground-mounted structure shall annually submit a report to the City indicating the number of carriers or services and appearance of the facility. The annual report shall include an 8" x 10" color photograph of two (2) opposing views of the facility and a list all appurtenances (antennas and equipment shelters) and providers served by the facility. A copy of the renewed Federal Communications Commission license (as applicable) shall also be included in the report. The report should include a copy of the most recent structural certification from a licensed engineer and identify any anticipated maintenance needs or modifications to the facility that shall be necessary as a result of weathering. The report shall state whether and which hazardous chemicals are used within the facility and any other appropriate documentation requested by the City. The City may periodically request an annual report at other times during the year to verify the appearance and safety of the facility or determine whether modifications have been made without City approval.

M.

Abandonment.

Thirty (30) days before discontinuing the use of a telecommunications service facility, the owner/ operator shall provide notice of abandonment to the City of Ocoee. In the event that the use of any telecommunications service facility is found to have been discontinued for a period of one hundred eighty (180) consecutive days, the facility shall be deemed to have been abandoned. Upon such abandonment, the owner of the parcel of land shall have an additional sixty (60) days within which to: (I) reactivate the use of the facility or transfer the facility to another Applicant who makes actual use of the facility; or (ii) dismantle and remove the facility. The Owner of the real property shall be ultimately responsible for all costs of dismantling and removal, and in the event the telecommunications service facility is not removed within sixty (60) days of abandonment, the City may proceed to do so and assess the costs against the real property. The lien of such assessment shall bear interest, have priority and be collectable, at the same rate and in like manner as provided for special assessments by Florida law. At the earlier of sixty-one (61) days from the date of abandonment without reactivation or upon completion of dismantling and removal, any approval for the facility shall automatically expire.

N.

Nonconforming Facilities.

Preexisting facilities shall be allowed to continue their usage as they existed on May 20, 1997; provided however, anything other than routine maintenance, including, without limitation, structural modifications, provisions for additional antennas, or additional providers and/or new construction on an existing facility, shall comply with all the requirements of this Section 5-19. Routine maintenance shall be permitted and encouraged (to avoid structural failure) on any pre-existing facility. Any legal nonconforming facility is subject to Section 5-10 of the City of Ocoee Code of Ordinances. Pre-existing facilities that are damaged or destroyed may be rebuilt only in compliance with these regulations.

O.

Administrative Appeals.

Any questions regarding the implementation of this Section 5-19 shall be resolved by the Director of Planning. Decisions of the Director of Planning may be appealed to the City Manager and then to the City Commission.