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HomeMy WebLinkAboutOrdinance 2020-559ORDINANCE NO. 2020 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 129 ENTITLED "COMMUNICATION FACILITIES" OF THE CITY'S CODE OF ORDINANCES TO AMEND SECTION 129-4 TO PERMIT STEALTH FACILITIES ON EXTERIOR WALLS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 129 of the Code of Ordinances for the City of Sunny Isles Beach ("City") provides regulations and requirements for the appropriate location and development of wireless telecommunication antennas and facilities within the City; and WHEREAS, on November 21, 2013, the City adopted Ordinance No. 2013-418, amending Section 129-4, to prohibit the installation of wireless telecommunication antennas or facilities on the exterior wall of any building or structure located within the City; and WHEREAS, with the proliferation of 5G technology, and other telecommunication technology, telecommunication companies are seeking to locate their 5G and other wireless telecommunications equipment on new poles within the City, including on public rights-of-way; and WHEREAS, pursuant to Florida Statute 337.401, local governments are essentially preempted from regulating the installation of telecommunications infrastructure within public rights-of-way; and WHEREAS, the City has made considerable improvements along Collins Avenue, including financial investments in excess of $25 million to underground all utilities and $5 million for decorative street lights, and wishes to preserve those investments and maintain the aesthetic of Collins Avenue; and WHEREAS, the City, therefore, wishes to provide alternatives to telecommunications companies for the placement of their antennas and facilities, by amending Section 129-4 to remove the prohibition against the installation of wireless telecommunication antennas or facilities on the exterior wall of any building or structure, and to add that the installation of "stealth facilities" on exterior walls may be permitted; and WHEREAS, Section 129-3 of the City's Code of Ordinances defines "stealth facilities" as "[a]ny telecommunications facility which is designed to blend into the surrounding environment. For example, architecturally screened roof -mounted antennas, building -mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and communication towers designed to look like light poles, power poles, or tree"; and WHEREAS, the City Commission desires to amend Section 129-4 to permit stealth facilities to be installed on exterior walls of buildings. Underline denotes revisions during first reading — Bold Underline denotes revisions during second reading. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. Amendment of Section 129-4. Section 129-4 of the Code of Ordinance of the City of Sunny Isles Beach is hereby amended as follows: § 129-4. - Permitted locations. A. Antennas. Rooftop or building -mounted antennas may be permitted in the following land use classified areas not to exceed more than 15 feet above the highest point of the roof, including mechanical rooms. (1) Commercial zoning districts, including Neighborhood Business (B-1) and Town Center Overlay (TCO). (2) Medium Density Multifamily Residential (RMF -1) and Medium - High Density Multifamily Residential (RMF -2) Districts. (3) Governmental facilities, as approved pursuant to Section 33-303 of the Code of Miami - Dade County, as adopted by the City of Sunny Isles Beach. B. Communication towers. Communication towers may not be permitted in any zone within the corporate limits of the City as they represent a high -hazard within the coastal areas prone to high winds and tides provided, however, if a telecommunications provider can demonstrate by the presentation of evidence to the City Manager, or his designee, that it cannot provide service by use of antennas located within the permitted zone as set forth in Subsection A, then, and in that event, and provided that telecommunications provider makes application through the variance procedure as set forth in §129-14 below, said communication tower may be allowed in the following districts: (1) Commercial zoning districts, including Neighborhood Business (B-1) and Town Center Overlay (TCO). (2) Medium Density Multifamily Residential (RMF -1) and Medium - High Density Multifamily Residential (RMF -2) Districts. (3) Governmental facilities, as approved pursuant to Section 33-303 of the Code of Miami - Dade County, as adopted by the City of Sunny Isles Beach. C. Notwithstanding any other provisions in Chapter 129, only stealth facilities are permitted to be installed on exterior walls. no reless teleeommunie tie antennas ^*iEffi^ f4eilities or- any paft thefeof shall be installed en the e�Etefief wall of any building of strue leea4ea in the Coy. The term "exterior wall' includes walls that extend beyond the rooftop. Section 3. ' Severability. If any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. Conflicts. All Sections or parts of Sections of the Code of Ordinances, all Ordinances or parts of ordinances, and all Resolutions or parts of resolutions, in conflict with this Ordinances are repealed to the extent of such conflict. Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code of ordinances; that the sections of this Ordinance may be renumbered or re - lettered to accomplish such intention; and that the word "Ordinance" shall be changes to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall be effective immediately upon passage by the City Commission on second reading. PASSED upon first reading on i I'd day of November 2020. PASSED AND ADOPTED upon this second reading t day of December 2020. APPROVED AS TO FORM AND GAL SUFFICIENCY Edward A. Dion, City Attorney 1// First Reading Motion: CWAS4(orje� Second: "Wils'sboim 4mk Mayor George H. Scholl Second Reading Motion:C�M�mayPe, Second: Vote on First Reading: / Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin �— (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra (Yes) (No) Vote on Second Reading: Mayor Scholl (No) (Yes) Vice Mayor Svechin (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra (Yes) (No)