Ordinance 2020-559 - Laserfiche WebLink

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ORDINANCE 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.