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<br />ORDINANCE NO. 98- 33 <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, ADOPTING A CODE SECTION <br />ENTITLED "WIRELESS COMMUNICATION TOWERS AND <br />ANTENNAS" TO PROVIDE A PURPOSE, DEFINITIONS, <br />REGULATIONS. FOR LOCATION OF ANTENNAS AND <br />COMMUNICATION TOWERS; TO PROVIDE GENERAL <br />REQUIREMENTS AND MINIMUM STANDARDS, DIMENSIONS AND - <br />LIMITATIONS FOR ANTENNAS; BANNING COMMUNICATION <br />TOWERS IN GENERAL UNLESS EVIDENCE IS PRESENTED THAT <br />SERVICE CANNOT BE PROVIDED THROUGH THE USE OF <br />ANTENNAE AND IN SUCH CASE, TO PROVIDE MINIMUM <br />STANDARDS FOR COMMUNICATION TOWERS, COMPLIANCE <br />WITH FEDERAL COMMUNICATIONS COMMISSION EMISSIONS <br />STANDARDS, LANDSCAPING, WARNING SIGNS AND PROHIBITION <br />OF ON-SITE STORAGE EQUIPMENT; TO PROVIDE MINIMUM <br />SETBACKS FOR COMMUNICATION TOWERS; TO PROVIDE FOR <br />SHARED USE, STEALTH FACILITIES AND "MICROCEL PCS"; TO <br />GOVERN AESTHETICS; TO PROVIDE MINIMUM SETBACK AND <br />SIZE LIMITATIONS FOR UNMANNED COMMUNICA TION <br />BUILDINGS; TO PROVIDE REGULATIONS FOR THE ISSUANCE AND <br />REVIEW OF PERMITS, INCLUDING FACTORS TO BE CONSIDERED <br />IN APPROVAL AND DENIAL OF PERMITS; TO PROVIDE FOR CO- <br />LOCATION AND STANDARDS FOR THE INSTALLATION AND <br />MODIFICA TION OF ANTENNAS; TO PROVIDE PERIODIC <br />INSPECTIONS AND REGULA TIONS AND EXEMPTION FOR <br />ANTENNAS LOCATED ON MUNICIPAL PROPERTY; PROVIDING <br />FOR PROTECTION FOR RESIDENTS; AND TO ALLOW FOR WNING <br />V ARIANCES/CHANGES FROM REGULATIONS SET FORTH HEREIN; <br />PROVIDING FOR EXCEPTIONS TO APPLICABILITY; PROVIDING <br />FOR REMOVAL OF ABANDONED FACILITIES AND <br />NONCONFORMING USES; REPEALING ALL ORDINANCES OR <br />PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING <br />PENALTIES FOR VIOLA TION HEREOF; PROVIDING FOR <br />INCLUSION IN CODE; PROVIDING FOR A SEVERABILITY CLAUSE <br />AND PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, the Congress of the United States adopted the Telecommunications Act of <br />1996, providing federal regulation of wireless telecommunications, a technology of wireless <br />voice, video and data communications systems rapidly became available, requiring land use <br />facilities that impact planning and zoning concerns in the City and throughout the United States; <br />and <br /> <br />Wireless Telecommunications Ord. <br /> <br />1 <br />