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ORDINANCE NO. 97-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR AND IMPOSING A SIX (6) MONTH MORATORIUM ON THE ISSUANCE OF PERMITS FOR WIRELESS TRANSMISSION AND TOWER FACILITIES WITHIN THE MUNICIPAL LIMITS OF THE CITY; PROVIDING FINDINGS OF FACT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 8, 1996, the Telecommunications Act of 1996 was signed into law and which provides, in part, a national wireless telecommunications siting policy; and WHEREAS, the Telecommunications Act of 1996 preserves the zoning authority of local governments concerning decisions regarding the placement, construction and modification of wireless transmission and tower facilities providing that the local government acts on any request for placement, construction or modification of such facilities within a reasonable period of time after a request is duly filed with the City and further provided, the City does not unreasonably discriminate among providers or prohibit personal wireless services; and WHEREAS, the City Commission of the City of Sunny Isles Beach, finds it necessary to make a study and to determine the potential health and safety concerns and the aesthetic affects of such facilities on neighboring properties and on the community a whole in order to minimize health and safety and aesthetic concerns; and WHEREAS, the City of Sunny Isles Beach, newly incorporated on June 16, 1997, requires time to secure a professional staff to analyze the current zoning and comprehensive planning and to evaluate in general future zoning and land use planning for the City of Sunny Isles Beach in general; and