Ordinance 2017-499 - Laserfiche WebLink

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SUNNY Is( Cit of Sunny Isles Beach GeorgeCityCommission s y y `'Bud"Scholl,Mayor ,°� =',',_``..� F 18070 Collins Avenue, Suite 250 Dana Goldman,Vice Mayor 1- .. 0 3� Isaac Aelion, Commissioner v ,{ t---. -_-----' = Sunny Isles Beach, Florida 33160 Jeanette Gatto,Commissioner (305)947-0606 City Hall Larisa Svechin,Commissioner * (305)949-3113 Fax ,9`1 F L O ` a Christopher J.Russo City Manager yE 9�. F L O�\O `," (305)947-2150 Building Department Hans Ottinot,City Attorney °'''' 305 947-5107 Fax sIauricio Betancur,CMC,Acting City Clerk c/7.'" OF SUN MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney tAX DATE: May 18, 2017 RE: 6-Month Moratorium on the Approval of Any Development Orders Involving the Installation of Telecommunication Equipment in the Public Rights-of-Way RECOMMENDATION: This Ordinance is recommended for approval. REASONS: It is recommended that the City Commission institute a 6-month moratorium on the approval of any permits involving the installation of telecommunication equipment in the public rights-of- way, including but not limited to building permits, site plan approvals, variances or conditional uses, in order to consider and weigh the changes to the City Code needed to suitably accommodate these facilities within City boundaries while complying with recently enacted Florida Statutes and Federal Laws regarding such equipment. Background: The placement of wireless telecommunication facilities is regulated by the federal government through the Telecommunications Act of 1996, the State of Florida through Section 365.12 Florida Statutes, as recently amended, and various sections of the City of Sunny Isles Beach Code of Ordinances including Chapter 129. The Telecommunications Act of 1996 provides that state and local governments may not unreasonably discriminate among otherwise equivalent wireless providers, nor may they effectively prohibit wireless services. With the advancement of new technologies in wireless communications, such as Distributed Antenna Systems (DAS) and small cell systems, it becomes incumbent upon the City to consider appropriate development standards to guide the placement of such facilities and equipment. These facilities can negatively impact our community aesthetics by the placement of numerous facilities on or near the proposed new street lights.