Ord. No. 10-98-1658ORDINANCE NO.10-98-1658
AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OFTHE
CITYOFSOUTH MIAMI,FLORIDA,RELATINGTOLAND USE;
AMENDING ORDINANCE NO.2-98-1650 INORDERTO PROVIDE
FORA 90-DAY EXTENSION OFTHE MORATORIUM ON ACCEPTANCE
AND REVIEW OF APPLICATIONS,AND ISSUANCE OF DEVELOPMENT
PERMITS,FOR THE INSTALLATION OF TELECOMMUNICATION
TOWERS,THEREBY ENABLING THE CITY TO PREPARE AND ADOPT
MINIMUM STANDARDS FORTHE LOCATION AND APPROVAL OF
TELECOMMUNICATION TOWERS;PROVIDING THAT ORDINANCES IN
CONFLICT SHALLNOTBEIN FORCE ANDEFFECTDURINGTHE
TIMEPERIODOFTHE MORATORIUM;PROVIDINGFOR
SEVERABILITY,ORDINANCES IN CONFLICT,ANDAN EFFECTIVE
DATE.
WHEREAS,the Congress of the United States adopted the
Telecommunications Act of 1996,providing for federal regulation
of wireless telecommunications,a technology of wireless voice,
video and data communications systems,which requires land-based
facilities that impact planning and zoning concerns in the City
ofSouthMiamiandthroughouttheUnitedStates;and,
WHEREAS,the City has received,and expects to receive
additional requests from telecommunication service providers to
sitewireless telecommunication towers andantennaswithinits
municipal boundaries and the City is authorized by federal,
stateandlocallawtoregulatethesitingofsuchtowersand
antennas;and,
WHEREAS,theMayorandCity Commission finds thatitisin
the public interest to regulate the siting of wireless
communicationtowersandantennaswithinthemunicipal
boundaries;and,
WHEREAS,itisthe intent oftheCityCommissiontoprovide
reasonable accommodation,andto promote and encourage fairand
reasonable competition,among telecommunication service
providers,or providers of functionally equivalent services,on
a neutral and non-discriminatory basis;and,
WHEREAS,Ordinance No.2-98-1650 waspassedandadoptedon
January 20,1998,providing a 180-day moratorium on acceptance
and review of applications,and issuance of development permits,
forthe installation of telecommunication towers to enable the
City to adopt minimum standards for the location and
installation of telecommunication towers and antennas,for
TelecommunicationTowerMoratoriumExtensionJune 9,1998 1
establishing the priority order of use and,further,to
encourage the co-location of facilities,in a manner that is
consistent with,and implements,the City's comprehensive plan,
and is compatible with the existing patterns of development in
the City;and,
WHEREAS,the City's staff members primarily responsible for
the development of the minimum standards relating to
telecommunication towers within the City have left the service
of the City and subsequently,have been replaced by new staff
members;and,
WHEREAS,"Section 2"of Ordinance No.2-98-1650 provides
for a 6-month moratorium,effective through July 19,1998;and,
WHEREAS,the Mayor and City Commission desires to provide
sufficient time for the new staff members to propose the best
possible amendments to the Code of Ordinances in order to ensure
that the City's regulations are consistent with the provisions
ofthe Telecommunications Actin all areas,including butnot
limited to minimum standards for telecommunications service;
and,
WHEREAS,the Mayor and City Commission desires to provide
sufficient timeforthe public tobecomeinvolvedinthe
creation ofnew regulations relating to telecommunication
towers.
NOW,THEREFORE,BEIT ORDAINED BYTHEMAYORANDCITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The Whereas clauses are incorporated in,and
madeapartof,thisordinance.
Section 2.TheMayorandCityCommissionoftheCityof
SouthMiamihereby declares a 90-day extension ofthemoratorium
approved on January 20,1998,as set forth by Ordinance No.2-
98-1650,onall actions relating to acceptance andreviewof
applications,and issuance of development permits,for the
installation of telecommunication towers,to enable the City to
prepare and adopt minimum standards for the location and
approvaloftelecommunication towers.
Section 3.The moratorium shall be effective through
October 17,1998,unlessextendedbytheCityCommission.
Section 4.All ordinances,resolutions and parts
thereof,inconflictwiththisextensionofthe development
Telecommunication Tower Moratorium Extension June 9,1998
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:MayorandCity Commission
From:Charles D.Scurr
City Manager
Date:
Re:
June 4,1998
Agenda Item #f ^^
Comm.Mtg.06/09/98
Moratorium Extension
Relating to Telecomm.Towers
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,RELATING TO LAND USE;AMENDING ORDINANCE NO.2-98-1650 IN ORDER TO
PROVIDE FOR A 90-DAY EXTENSION OF THE MORATORIUM ON ACCEPTANCE AND
REVIEW OF APPLICATIONS,AND ISSUANCE OF DEVELOPMENT PERMITS,FOR THE
INSTALLATION OF TELECOMMUNICATION TOWERS,THEREBY ENABLING THE CITY TO
PREPARE AND ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF
TELECOMMUNICATION TOWERS;PROVIDING THAT ORDINANCES IN CONFLICT SHALL
NOT BE IN FORCE AND EFFECT DURING THE TIME PERIOD OF THE MORATORIUM;
PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE.
BACKGROUND &ANALYSIS
OnJanuary20,1998,theMayor&CityCommissionadoptedOrdinanceNo.2-98-1650,which
provided fora 180-day moratorium onthe acceptance andreview of applications relating to
telecommunicationtowersinordertoprepareandadoptminimumstandardsforthelocationand
approval of telecommunication towers.
TheCityhasnot finished preparing minimum standards forthelocationand approval of
telecommunication towerstodate,andthemoratoriumiseffectivethroughJuly 19,1998.Since
theminimumstandardswillnotbereadyforadoptionbythatdate,a90-dayextension of the
moratorium is proposed,extending the moratorium through October 17,1998,inordertoprovide
timeforpublicinvolvementandthe development of thebestpossiblestandards.
RECOMMENDATION:Approval.
Telecommunication TowerMoratorium Extension:2nd ReadingJune 9,1998
permit moratorium shall not be in force and effect during the
time period ofthemoratorium.
Section 5.Ifany section,clause,sentence,orphrase
of this ordinance is for anyreasonheld invalid or
unconstitutional bya court of competent jurisdiction,the
holding shall not affect the validity of the remaining portions
of this ordinance.
Section 6.This ordinance shalltakeeffectimmediately
at the time of its passage.
PASSEDANDADOPTED this 9th dayof June,1998.
ATTEST:
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.st Reading -June 2,1998
2nd Reading -June 9,1998
READ AND APPROVED AS TO FORM
^1-7
^eXTY ATTORNEY
(J'/*~-
APPROVED:
-Jc
MAYOR
Moratorium Extfor telecommunication towers.deo
COMMISSION VOTE:
Mayor Robaina:
ViceMayor Oliveros:
Commissioner Bethel:
Commissioner Feliu:
Commissioner Russell
5-0
Yea
Yea
Yea
Yea
Yea
Telecommunication Tower Moratorium Extension June 9,1998