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.
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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:
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Richard Brown-Morilla
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
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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)_
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