Ordinance 2018-515 - Laserfiche WebLink

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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 supplies, and comparable equipment, regardless of technological configuration including Distributed Antenna Systems (DAS) and small cell networks. For purposes of this Ordinance, the term shall include communication towers and all wireless communications facilities as defined in Section 365.172(3)(gg), Florida Statutes, or facilities to provide wireless communication services as listed at https://www.fcc.gov/general/wireless-services. "Communication Tower" means a building or ground-mounted tower which as measured from the finished grade of the property (I) is greater than thirty-five feet in height (2) does not exceed 300 feet in height (including antenna), and (3) is built for the sole or primary purpose of supporting any Federal Communications Commission (FCC) licensed antennas and their associated facilities. The term communication tower shall not include amateur radio operators' equipment licensed by the FCC. Communication towers are generally described as either Monopole (freestanding), Guyed (anchored with guy wires), or Self Supporting (square, triangular or pyramidal in plan view and constructed of steel lattice, tubular steel, reinforced concrete, or wood). "Governmental Purposes" means, but is not limited to public works, fire safety, law enforcement, emergency management, emergency medical services or municipal water, wastewater, gas, and electric utility operations. Section 4. Imposition of Moratorium. For a period commencing six (6) months from -- .. . ! z•-. - - December 15. 2017 and during the consideration of this Ordinance: (a) No application for permit,authorization or any other official action of the City having the effect of permitting or allowing the construction of wireless communication facilities in the public rights-of-way within the City limits, may be filed, accepted or processed or approved by the City of Sunny Isles Beach, except as may be required by applicable law. To the extent such an application is submitted, the City staff is authorized to take action to deny such application during the term of this moratorium within such time frame as may be required by applicable law. (b) No Zoning approval may be issued by the City of Sunny Isles Beach which would authorize the construction of a wireless communication facility within the public rights-of-way. (b) The imposition of the Moratorium is not intended to affect nor does it affect wireless communication facilities serving governmental purposes. Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such PaeeI3 • Words underlined are added.words stricken are deleted.