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HomeMy WebLinkAboutOrdinance 98-14 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 WHEREAS, in addition and notwithstanding its newly incorporated status, the City Commission and City Manager of the City of Sunny Isles Beach require necessary and reasonable time to specifically determine the zoning district or zoning districts in which wireless transmission and tower facilities should be placed and to determine the feasibility of requiring use of public property and rights-of-way and the co-location of wireless transmission and tower facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA; Section 1. The City Commission of the City of Sunny Isles Beach, Florida, makes the following findings offact: A. The City of Sunny Isles Beach is a relatively small residential community with limited number of potential sites which would be acceptable for the installation of wireless transmission and tower facilities. B. The City Commission has concerns relating to potential health and safety concerns and the aesthetic affects of such facilities on neighboring properties and the community as a whole and is desirous of and needs to make a study in order to minimize health and safety and aesthetic concerns. C. Current technology establishes that wireless transmission and tower facilities can be designed and installed in ways that will minimize health and safety and aesthetic concerns. D. The City requires time to study the feasibility of requiring use of public property and rights-of-way and the co-location of wireless transmission and tower facilities within a limited number of acceptable sites within the City and 0RD97-14 to determine the zoning district or districts in which wireless transmission and tower facilities should be located, including addressing the needs of licensed providers of such services. E. Processing applications for such facilities at the present time without the information available to determine the proper siting of facilities may result in an inability to allow adequate sites for competing providers and beneficial services may not be able to be provided without careful allocation of potential sites. F. The Federal Communications Commission is currently developing rules regarding the environmental effects of radio frequency emissions which may impact the placement or configuration of such facilities. G. The City Commission finds and declares that an emergency exists in that the issuance of permits for wireless tower and transmission facilities without adequate study of the requirements of the licensed providers and without study of the ability of providers to minimize health, safety and aesthetic concerns is likely to result in adverse effects on the health and safety of the citizens of the City of Sunny Isles Beach. Section 2. The City Commission of the City of Sunny Isles Beach, Florida, hereby establishes and imposes a moratorium of six (6) months from the effective date of this Ordinance on the issuance of permits for wireless tower and transmission facilities. Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. 0RD97-14 Section 4. This Ordinance shall take effect ten days after adoption on second reading. PASSED AND ADOPTED on the 20lh day of November 1997. PASSED AND ADOPTED on second reading this Sth day of Janu ATTEST: tJC~~~-~ Richard Brown-Morilla City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: c-ft-S. -f- Lynn M. Dannheisser City Attorney Moved By: Vice Mayor Turetsky, Seconded By: Commissioner Ii1esias. The motion was approved by a vote of 5-0 in favor: Mayor David Samson (yes) tI' Vice Mayor Irving Turetsky (yes) tI' Commissioner Lila Kauffman (yes) tI' Commissioner Daniel Iglesias (yes) tI' Commissioner Connie Morrow (yes) tI' (no)_ (no)_ (no) (no)_ (no)_ . ' >f/- ....._ . .' ("",' /. .,.I ';.. ,I " If/"'-~' .-.." '- \--J .~.ir '. .;.:~ - i:,: ,t;\ ~ 'l "\~~_M~--" :. 't. ~ "\ ^"\ . '~''low- .' " -'"" "1\.....'<.: :cr.:,.. il ~. '..... .,1"',''1 0RD97,"t4.., .-' J, ,," " ........... /' . \." I ::<