Ordinance 2017-499 - Laserfiche WebLink

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WHEREAS, a temporary moratorium on the acceptance of applications for, the processing of, and the issuance of right-of-way use permits, development permits, site plan approvals or any other official action of the City of Sunny Isles Beach permitting or having the effect of allowing the construction of wireless communication facilities in the public rights-of-way within the City will allow time to review, study, hold public hearings, and prepare and adopt an amendment or amendments to the City of Sunny Isles Beach Comprehensive Plan and/or Code of Ordinances to address this use; and WHEREAS, at least 10 days' notice has been given of the public hearing once by publication in a newspaper of general circulation notifying the public of this proposed ordinance and of a public hearing in the City Commission meeting room; and WHEREAS, the public hearings were held pursuant to the published notice described at which hearings the parties in interest and all others had an opportunity to be and were, in fact, heard. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,AS FOLLOWS: Section 1. Findings. The City Commission adopts the foregoing findings. Section 2. Purpose. (a) The purpose of this Ordinance is to enable the City of Sunny Isles Beach sufficient time to review, hold public hearings and adopt an amendment or amendments to the City of Sunny Isles Beach Code of Ordinances, relating to the location, design and operation of wireless communication facilities within the public rights-of-way within the City. The City will not approve any application or issue any permits authorizing the construction of wireless communication facilities within the public rights-of--way, except as provided in this Ordinance, or as may otherwise be required by applicable law. (b) It is further the purpose of this Ordinance to fulfill the City's constitutional charge and statutory obligations to protect and preserve the public health, safety and welfare of the citizens of the City of Sunny Isles Beach, regarding whether wireless communications facilities should be permitted within the public rights-of-way; and if permitted within the public rights-of-way, the types of regulations to be imposed upon placement of wireless communication facilities; and thus defer official government action until the City of Sunny Isles Beach has properly held public hearings and adopted amendments to the City of Sunny Isles Beach Code of Ordinances, as necessary. (c) To fulfill the City's obligations to continue uninterrupted provision of public works, fire safety, law enforcement, and emergency management, it is clarified that this moratorium will not apply to the construction, installation, maintenance and replacement of facilities within the public rights-of-way that are for governmental purposes. Section 3. Definitions. "Wireless communication facility" means any equipment or facility used for the transmission or reception of wireless communications and located on public right-of-way. This term includes but is not limited to wireless support structures, antennas, cabling, regular and backup power Page2