13-97 ORDINANCE NO. 13-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 60-96
BY AMENDING SECTION ONE TO PROVIDE FOR THE
EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OR
CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE
APPROVALS FOR CERTAIN PERSONAL WIRELESS SERVICE
TOWERS AND TOWER FACILITIES THROUGH JUNE 15, 1997;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board reviewed a proposed
ordinance on telecommunication towers at its February 24, 1997
meeting and decided that the ordinance needed further study and
scheduled another review of the proposed telecommunication tower
ordinance for its March 10, 1997 workshop meeting; and
WHEREAS, the Moratorium currently in effect will expire on
March 17, 1997, and City staff desires another ninety (90) days to
finish reviewing the proposed changes to its Code of Ordinances
regarding telecommunication towers and to allow time for the
Commission to review the proposed ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Ordinance No. 60-96 of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
f~~/ That the City of Delra¥ Beach does hereby extend the
current ninety (90) day moratorium uDon the acceDtance or
consideration of apDlications for conditional use approval for
personal wireless service tower facilities, also known as
communications towers or facilities, to commence upon the expiration
of the current moratorium, March 17, 1997, and to continue for
another ninety (90) day period until June 15, 1997.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 1st day of April , 1997.
- ~ city C~erk --
First Reading March 18, 1997
Second Reading April 1, 1997
- 2 - Ord. No. 13-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~
SECOND READING AND SECOND PUBLIC HEARING FOR ORDINANCE
NO. 13-97 (EXTENSION OF TOWER MORATORIUM)
DATE: MARCH 26, 1997
This is second reading and the second public hearing for Ordinance
No. 13-97 which extends the moratorium on telecommunication towers
for an additional ninety (90) days until June 15, 1997.
The proposed ordinance on telecommunication towers has been
reviewed by the Planning and Zoning Board and is expected to come
before the Commission on April 15th for initial review on first
reading. Since the original moratorium expired on March 17, 1997,
staff felt that an extension for another 90 days would provide
adequate time for any changes to the proposed ordinance as well as
review by the City Commission.
At first reading of Ordinance No. 13-97 on March 18, 1997, the
Commission passed it by unanimous vote.
Recommend approval of Ordinance No. 13-97 on second and final
reading.
ref:agmemoll
1:16AM FROM SUNRISE CASE MNGT 56145;3939 P-B
MORATORIA
CITIKS AND COUNTIES OF .q'I'ATES
PER CELLUI,AR TELKCOM INDUSTRY
Note: CTIA ~ 150 mo~orla were deetorcd. C~'~A flgur~ i~ in~;¢ma~e. Acltmlly their
list totals 165 moratoria dcclm'ed. CT~^ also excluded cites tbnt in.~tltut~ moratoria in
the past 3 momhs. R~n~o~s genernlly §ivc. n for monttor:~; Nccd time to (l) siudy
t~le~om imtustty n~ds; (2) write new ordhmncc o! policy.
State (~ity County Duration
I Alat~,nn lcffcrson 2/19/97
2 Shelby Open
3 Binmngh,sm 7D/97
4 Fairfield Open
5 Fullondsle
6 Garde'adZe leffe~rson 1/19/97
? Graysville 2/5/97
8 Hoover Jell'ed-son 2/16/97
9 In~ndale Jeffi:r~on 2/16/97
10 Lc~s Jeffcrson 2/2~/97
11 Madison 5/25/97
12 Mobile 3/5/97
13 Mountain Brook Jefferson 2/10/97
14 Tarrant 2/4/97
! 6 ~lifornia B¢~dcy Faded
17 Cerritos 10/97
I g lit Scgundo 8/17/97
19 Eureka Open
20 GonzaIes Open
21 ~eald~burR ~/97
22 Hc~ctfle$ 7/6/97
23 I =,k~ood 8/27/97
24 Milbrae 2/97
25 ~orwalk 7/3/9'/
26 Palm Desert Open
27 Pico Rive-fa 8/5/97
2~ Pomona I/21/97
29 Portol~ Valley ~/2~/97
30 .~m l:ran¢i-~co Open
31 ~n Gabriel 3/! 5/97
32 Stmi Valley Open
33 Stockton 9/1/97
1997 1: 17AM FROM SUNR I SE CASE MNGT B61A. B1 3939 P. 7
FR~3~ : ~TE¢ PHON~ NO. : Tla3 $16 457~ P03
34 Stumyvale 2/97
35 Thousand Oaks 10/97
36 Ttacy 2t97
37 West Covlna Open
38 Windsor Open
39 Colorado Adams 2/10197
40 Clear Creek 1/211/97
41 Wheatridge l ~27/97
42 Connecticut Bethel 31t0/97
4.3 Bradford 1 / 13/9?
44 Gmton :3/28/97
45 Gui! ford 3I ! 7/97
46 Hamden 9/]/97
47 Middl¢field 3/21t/97
48 New Hav~n I/20/07
49 Norwalk 1/20/97
50 Or. ge 3/28/97
51 So~th/ngton 313/97
52 Union 3/28/97
53 Walling ford 2/3/97
54 Wind,or 5/I/9?
55 Florida Indian River 5/97
56 Oran~c Spri~ 97
57 {-:nconut Creek Rrow~xl 2/4/97
58 Dania Bmward 1/22/9?
59 Davi¢ Broward 3/24/97
60 Delray Beach 21I 7/97
61 Homestead l'ladc
62 Lakelmad Polk ?/6/97
63 Murgate Bmward 7/97
64 No Miami Dade 3/24/97
65 No Palm Beach Palm Beach 2/28197
66 Oakland Park Browaad 311/97
67 Opalocka 1/23/97
68 Palm Beach Gardens Palm Beach Open
69 Pcmlxoke Pines Broward 2/4/97
70 Pompano Beach Rrow~rd 4D?
71 Taman~ Open
72 Wilton Manors Broward Open
73 Illinois St Clair OI~n
74 Louisiana &fft'crson i%ri~h 2/28/97
75 St Charles Parish
76 Massachusetts Fzanklin ?/97
77 Wellflect 4/22/97
7111 Michigan Bloomfield TwI~
Open
Farmington Hills 4D/97
79 Huron Twp Open
80 W~ndo~e W~t ! 115~7
13 Minn~ Alton 3~3~7
g3 Rr~kl~ P~ l llt9/97
g4 C~n ~ids 3197
SS Damon ~/4~7
~6 ~st Be~cl ~l ~7
17 F~dlcy 5/t~97
~S (~ou~ T~ 412~97
~9 lngc~n~n~
~ Mkc ~lmo 4/1
91 Linwood 5/1~
92 Litttc C~Ma ~0/97
93 Long Lake 1/1
94 Mzplewood Ci~ 3/~7
95 Mou~ View 3/11/97
~ New Ho~ 3~1~7
97 N~ g~0197
9g Niui~ T~ 3/1~7
~ Oak ~ove l ~26~97
1~ Oroao ~7
101 Robia~ale 10/7197
10~ Savage 3/~ 9~7
103 S~o~
1 ~ Sho~vi~ l/9~7
105 St Paul
!~ Ve~ion 'l'~ 1213~7
107 Mcn~ta ttcight~ O~
10g Icffe~n
~ M~oug St C~I~ O~n
110 St ~s ~6
6~
111 Arnold End~
112 Chcsier field O~n
113 Co~lcville Ended?
114 C~vc C~
116 Mawl~d H~ghts ~97
I 17 Oakla~
l 1 g Wcld~ Springs Ended?
1 i 9 Amlwrst 3/! 2/97
120 ~ York
Ca~el 1~7
121 Cheek to~aga 1
123
A-nlq1997 l:17AM FROM SUNRISE CASE MNGT BG14~lBgB9 P. 9
124 Oiflon Pnrk 2/17/97
125 Eden 2/I g/97
126 Elms ~11 t/97
127 F~on 3~7
128 Gre~c 4/1507
129 C~n~ 3~7
1 ~0 Le~s~m 1 ~7
13 ~ Lyons 4/I
132 M~rau 3/6~7
133 Mt ~ 1/21~7
I34 No S~cm 4~7
135 No Tona~a 1/I 5/97
136 Or~g~ 3/1 ~7
137 Parma 5/97
13 g Roc~mr I / 10~7
139 Rush 2/14/97
140 So--eh 3/1 ~97
141 Spring,lie
142 To~a 5/9/97
143 Walwotth ~/14~7
144 Wcbst~ 1~7
145 Wcs~ ~eca ~/31~7
146 No~h Carolina AsM W13/97
147 Tr~ayl~ia 11~0~6
148 Blowing Rock 6~7
149 Rho~ Island Duaillca.ilic 1/I2~7
150 Texas Mealuitc
15 ~ ~ah Salt ~e
152 Riverdale
153 Washington Ki~ap 3~3~7
154 ~ J~ ~/~
155 Brainbfidgc Isled
156 ~s Moines 5/97
157 Univ~iity PI~ 5/15~7
15~ W~consin Erin
159 Me~monce F~s ~n
160 Mcq~n O~
161 New Barlin
162 P~ Washin~on 10/31 ~7
163 Sauk~ile T~
I ~ WaukcsM
165 Wyoming Chey~n~ 4/1
CITY DF I]ELRAY BEA£H
CITY ATTORNEY'S OFFICE :"~" ~" ~' "'"~'~':' ~'~' ~^~"' ~o~, ~4
F',~C:SIMIi .[~ ~(~7'23~ 4755 W~ter's Dirc~ L~e: (561) 243-7091
DELRAY BEACH
lll.lmfica City MEMO~NDUM
~ ~ TO: City Commission
FROM: Brian Shutt, Assistam City Attorney
S~CT: E~ension of Moratorium on Teleco~unication Towers
Attached please ~nd an ordinance extending the cu~em morato~um on teleco~unication
towers. The current morato~um will expire on M~ch 17, 1997. This ordinance will extend
the current moratorium for another 90 days until June 15, 1997.
The Planning and Zoning Board had previously reviewed a dra~ of the proposed ordinance
on telecommunication towers at its re~lar meeting on Febma~ 24, 1997. At that time the
Board determined that ~her review would be needed and scheduled this matter for
discussion at its March 10, 1997 workshop meeting.
As the currem moratorium will expire on March 17, 1997, sta~ felt that an e~ension of the
moratorium for another 90 days would provide adequate time for any changes to the
proposed ordinance as well as review b~ the City Commission.
By copy of this memorandum to David Harden, City Manager, our o~ce requests that this
ordinance be placed on the March 18~ 1997 City Commission agenda for ~rst reading.
Please call if you have any questions.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Diane Dominguez, Director of Planning and Zoning
~ OF IqllU~ IIIAliNO
A PUBLIC HEARING will be held
the I~lowing ~r~ecl a~linance at
tlr/ {or at any co~tinuafiofl o~ such
me~ing velch I$ ~at by the Commi~-
lief)}, in the City Commissio~
hers, 100 N.W. tot Avenue, Oelray
Beach, F~'ida, at vd~ich time the City
The prlq3med ordinance may be i~-
~oectod at the Off,ce o~ the City CJerk
at City Hall, 110 N.W. 1st Aveflue, Dei.
ray Beach, F~orida, I~aveefl the ho~rs
M I:QQ a.m. to -S:00 p.m., Melday
thfoL~ll Friday, except holidays. AU
iltarested parties are invited to
add be heard with respact to the pro-
pmacl ordinance.
AN ORDINANCE OF THE CITY
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING OR.
DINANCE NO. ~ BY AMENDING
SECTION ONE TO PROVIDE FOR
THE EXTENSION OF THE MORATO-
RIUM ON THEACCEPTANCE OR
CONSIDERATION OF APPLICA-
TIONS FOR CONDITIONAL USE AP.
FROVALS FOR CERTAIN PERSON-
AL WIRELESS SERVICE TOWER5
AND TOWER FACILITIES
THROUGH JUNE lS~ 1~97; PROVID-
ING A SAVING CLAUSE, A GENER-
AL REPEALER CLAUSE, AND AN
EF~:ECTIVE DATE.
QIIIIIA#Ci IIO. t 147
AN ORDINANCE OF THE CITY
MISSION OF THE CITY OF DELRAY
BEACH, FLORtOA, REZONING AND
PLACING LAND PRESENTLY
ZONED CF (COA~UNITY FAClLI-
TIES) DISTRICT AND RR (RURAL
RESIDENTIAL) DISTRICT IN THE
RM-? (MEDIUM DENSITY RESI.
OENTIAL · 7 DWELLING UNITS~
ACRE) DISTRICT; SAID LAND BE-
ING GENERALLY LOCATED NORTH
OF WEST ATLANTIC AVENUE AND
SOUTH OF LAKE IDA ROAD,
TWEEN THE HiGH POtHT ANO
SUDAN SUBDIVISIONS, AS MORE
PARTICULARLY DESCRIBED
HEREIN; AMENDING 'ZONING
MAP OF DELRAY BEACH, FLORI.
~ 1~'; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE
DATE.
QIIBIMJICI NO. t 147
AN ORDINANCE OF THE CITY
MISSION OF THE CITY OF OELRAY
BEACH, FLORIDA, ENACTING A
NEW SECTION 4.t:21, 'SECURITY
BARS', OF THE LAND DEVELOP-
MENT REGULATIONS OF THE CITY
OF DELRAY BEACH, TO PROVIDE
FOR THE PROHIBITION OH THE
USE OF SECURITY BARS ON THE
EXTERIOR OF STRUCTURES LO-
CATED WITHIN THE CO~KMERCIAL,
OFFICE, AND MIXED-USE ZONING
DISTRICTS; TO PROVIDE FOR THE
INSTALLATION OF BURGLAR BARS
OR THE INTERIOR OF A BUILDING
WITH APPROPRIATE WINDOW
SCREENING; TO PROVIDE FOR
THE USE OF DECORATIVE SECURI-
TY BARS IN CONJUNCTION WITH
CERTAIN ARCHITECTURAL
STYLES; TO PROVIDE FOR A TWO
YEAR AMORTITATION PERIOD; TO
PROVIDE FOR REVIEW BY THE
SITE PLAN REVIEW AND APPEAR.
ANCE BOARD FOR SECURtTY BARS
IN INDUSTRIAL ZONING DIS-
TRICTS; AMENDING APPENDIX
~)EFINITIONS' OF THE LAND DE.
VELOPMENT REGULATIONS FOR
THE CITY OF DELRAY BEACH; TO
PROVIDE FOR A DEFINITION FOR
THE TERM 'SECURITY BARS ! BUR-
GLAR BARS,'; PROVIDING A SAY.
INGS CLAUSE, A GENERAL RE-
PEALER CLAUSE, AND AN EFFEC-
TIVE DATE.
cides to NRoeat any becisto~ made by
the City CommissJo~ with rec~ec~ to
Jty mafle~ considered at this hearing,
~ person will need a rlcord o~ ~
~lngs, and fnc this p~q)ose ~uch
~ may need to emure mat a veT.
~tilTI record klCIL~,S the testirllofly
and evidence tlpofl which the #~eal is
to he bis~S. The CS does not provide
or prepare such record. Pursuam to
F.S.
CITY OF DELRAY BEACH
AIHa~ MacGregor Harty
City
PubliSh: March 21,
Bnc~ Ratefl Ney~s
Ad
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed ordinance
at 7:00 P.M. on TUESDAY, APRIL 1, 1997 (or at any continuation of
such meeting which is set by the Commission), in the City
Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida,
at which time the City Commission will consider its adoption.
The proposed ordinance may be inspected at the Office of the City
Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida,
between the hours of 8:00 a.m. to 5:00 p.m., Monday through
Friday, except holidays. All interested parties are invited to
attend and be heard with respect to the proposed ordinance.
ORDINANCE NO. 13-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ORDINANCE NO. 60-96 BY AMENDING SECTION ONE TO
PROVIDE FOR THE EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OR
CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE APPROVALS FOR
CERTAIN PERSONAL WIRELESS SERVICE TOWERS AND TOWER FACILITIES
THROUGH JUNE 15, 1997; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 15-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY
FACILITIES) DISTRICT AND RR (RURAL RESIDENTIAL) DISTRICT IN THE
RM-7 (MEDIUM DENSITY RESIDENTIAL - 7 DWELLING UNITS/ACRE)
DISTRICT; SAID LAND BEING GENERALLY LOCATED NORTH OF WEST
ATLANTIC AVENUE AND SOUTH OF LAKE IDA ROAD, BETWEEN THE HIGH
POINT AND SUDAN SUBDIVISIONS, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLUASE, AND AN
EFFECTIVE DATE.
ORDINANCE NO. 16-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ENACTING A NEW SECTION 4.6.21, "SECURITY BARS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO
PROVIDE FOR THE PROHIBITION ON THE USE OF SECURITY BARS ON THE
EXTERIOR STRUCTURES LOCATED WITHIN THE COMMERCIAL, OFFICE, AND
MIXED-USE ZONING DISTRICTS; TO PROVIDE FOR THE INSTALLATION OF
BURGLAR BARS ON THE THE INTERIOR OF A BUILDING WITH APPROPRIATE
WINDOW SCREENING; TO PROVIDE FOR THE USE OF DECORATIVE SECURITY
BARS IN CONJUNCTION WITH CERTAIN ARCHITECTURAL STYLES; TO PROVIDE
FOR A TWO YEAR AMORTIZATION PERIOD; TO PROVIDE FOR REVIEW BY THE
SITE PLAN REVIEW AND APPEARANCE BOARD FOR SECURITY BARS IN
INDUSTRTIAL ZONING DISTRICTS; AMENDING APPENDIX A, "DEFINITIONS"
OF THE LAND DEVELOPMENT REGULATIONS FOR THE CITY OF DELRAY BEACH;
TO PROVIDE FOR A DEFINITION FOR THE TERM "SECURITY BARS/BURGLAR
BARS,"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide or
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
March 21, 1997 Alison MacGregor Harry
City Clerk
Instructions to the NewsDaDer:
This is a standard legal advertisement to be published in the
legal/classified section of the newspaper. There are no special
requirements. Thank you.
NOTICE OF EXTENDING THE
MORATORIUM ON THE ACCEPTANCE OR
CONSIDERATION OF APPLICATIONS FOR
CONDITIONAL USE APPROVALS FOR
CERTAIN PERSONAL -WIRELESS
SERVICE TOWERS AND TOWER
FACILITIES THROUGHOUT THE CITY OF
DELRAY BEACH
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 13-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO.
60-96 BY AMENDING SECTION ONE TO PROVIDE FOR THE
EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE
OR CONSIDERATION OF APPLICATIONS FOR CONDITIONAL
USE APPROVALS FOR CERTAIN PERSONAL WIRELESS
SERVICE TOWERS AND TOWER FACILITIES THROUGH
JUNE 15, 1997; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
The City Commission will conduct two (2)'Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY~
MARCH 18~ 1997~ AT 7:00 P.M. (or at any continuation or such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY, APRIL 1, 1997, AT
7:00 P.M. (or at any continuation of such meeting which is set by
the Commission). ..-
Ail interested citizens are invited to attend the public hearings,~
and comment upon the proposed ordinance or submit theirs;.
comments in writing on or before the date of these hearings to.
the City Clerk's Office. For further information or to obtain a copy'
of the proposed ordinance, please contact the City Clerk's.'
Office, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida
33444 (Phone 407/243-7050), between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO.~
APPEAL ANY DECISION MADE BY THE CITY COMMISSION.;
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE.
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A
VERBATIM .RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO ES. 286.0105.
PUBLISH: BOCA RATON NEWS CITY OF DELRAY BEACH
March 10, 1997 Alison MacGregor Harty
March 26, 1997 City Clerk
Ad# 747625
~_~ /~t~'~ NOTICE OF EXTENDING THE
MORATORIUM ON THE ACCEPTANCE OR
CON$1DERAIION OF APPMC~TiON$ FOR
CONDITIONAL USE APPROVALS FOR
CERTAIN PERSONAl. WIRELESS
SERVICE TOWERS AND TOWER
FACILITIES THROUGHOUT THE CITY OF
DELRAY BEACH
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 13-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO.
60-96 BY AMENDING SECTION ONE TO PROVIDE FOR THE
EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE
OR CONSIDERATION OF APPLICATIONS FOR CONDITIONAL
USE APPROVALS FOR CERTAIN PERSONAL WIRELESS
SERVICE TOWERS AND TOWER FACILITIES THROUGH
JUNE 15, 1997; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY,
MARCH !8~ 1997~ AT 7:00. P.M. (or at any continuation or such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Flodda. If the ordinance is passed on first reading, a second
Public Headng will be held on TUESDAY~ APRIL 1~ 1997~ AT
7:00 P.M. (or at any continuation of such meeting which is set by
the Commission).
All interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their
comments in writing on or before the date of these hearings to
the City Clerk's Office. For further information or to obtain a copy
of the proposed ordinance, please contact the City Clerk's
Office, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida
33~.~.~ (Phone 407/243-7050), between .the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON. DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A
VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: BOCA RATON NEWS CITY OF DELRAY BEACH
March 10, 1997 Alison MacGregor Harty
March 26, 1997 City Clerk
Adf/747625
NOTICE OF EXTENDING THE MORATORIUM ON THE ACCEPTANCE
OR CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE
APPROVALS FOR CERTAIN PERSONAL WIRELESS SERVICE TOWERS
AND TOWER FACILITIES THROUGHOUT THE CITY OF DELRAY BEACH
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 13-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ORDINANCE NO. 60-96 BY AMENDING SECTION ONE TO
PROVIDE FOR THE EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OR
CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE APPROVALS FOR
CERTAIN PERSONAL WIRELESS SERVICE TOWERS AND TOWER FACILITIES
THROUGH JUNE 15, 1997; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY,
MARCH 18, 1997, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY, APRIL 1, 1997, AT 7:00
P.M. (or at any continuation of such meeting which is set by the
Commission).
All interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their comments
in writing on or before the date of these hearings to the City
Clerk's Office. For further information or to obtain a copy of
the proposed ordinance, please contact the City Clerk's Office,
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444
(Phone 407/243-7050), between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: The News CITY OF DELRAY BEACH
March 10, 1997 Alison MacGregor Harty
March 26, 1997 City Clerk
Instructions to Newspaper: This ad is not to be placed in the
legal ads/classified section of the newspaper. It must be at
least two standard columns wide and ten inches long. The entire
headline [NOTICE OF EXTENDING THE MORATORIUM ... THROUGHOUT THE
CITY OF DELRAY BEACH] must be an 18 point bold headline. Thank
you.
04/03/97 THU 10:12 FAX 561 243 3774 CITY CLERK ~001
*** TX REPORT ***
TRANSMISSION OK
TX/RX NO 0172
CONNECTION TEL 919545616299
CONNECTION ID
ST. TIME 04/03 10:10
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PCS. SENT 2
RESULT OK
ORDINJ%NCE NO. 13-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 60-96
BY AMENDING SECTION ONE TO PROVIDE FOR THE
EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OR
CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE
APPROVALS FOR CERTAIN PERSONAL WIRELESS S~RVIC~
TOWERS AND TOWER FACILITIES THROUGH JUNE 15, 1997;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board reviewed a proposed
ordinance on telecommunication towers at its February 24, 1997
meeting and decided that the ordinance needed further study and
scheduled another review of the proposed telecommunication tower
ordinance for its March 10, 1997 workshop meeting; and
WHEREAS, the Moratorium currently in effect will expire on
March 17, 1997, and City staff desires another ninety (90) days to
finish reviewing the proposed changes to its Code of Ordinances
regarding telecommunication towers and to allow time for the
Commission to review the proposed ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Ordinance No. 60-96 of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
T~/g~l¢l~/~f/D~%~/~/~l~~/~¢~/~/~¢~
l~7ll~tl~~t~¢~ll¢9~l/g~ll~¢~ll~lt~~~/l~f
ORDINANCE NO. 13-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 60-96
BY AMENDING SECTION ONE TO PROVIDE FOR THE
EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OR
CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE
APPROVALS FOR CERTAIN PERSONAL WIRELESS SERVICE
TOWERS AND TOWER FACILITIES THROUGH JUNE 15, 1997;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board reviewed a proposed
ordinance on telecommunication towers at its February 24, 1997
meeting and decided that the ordinance needed further study and
scheduled another review of the proposed telecommunication tower
ordinance for its March 10, 1997 workshop meeting; and
WHEREAS, the Moratorium currently in effect will expire on
March 17, 1997, and City staff desires another ninety (90) days to
finish reviewing the proposed changes to its Code of Ordinances
regarding telecommunication towers and to allow time for the
Commission to review the proposed ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Ordinance No. 60-96 of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
f~~l That the City of Delray Beach does hereby extend the
current ninety (90) day moratorium upon the acceptance or
consideration of applications for conditional use approval for
personal wireless service tower facilities, also known as
communications towers or facilities, to commence upon the expiration
of the current moratorium, March 17, 1997, and to continue for
another ninety (90) day period until June 15, 1997.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the /$~ day of ~t°/ , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading ~,'/
ORDINANCE NO. / 3 - c~-7
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA AMENDING ORDINANCE NO. 60.96 BY AMENDING
SECTION ONE TO PROVIDE FOR THE EXTENSION OF THE
MORATORIUM ON THE ACCEPTANCE OR CONSIDERATION OF
APPLICATIONS FOR CONDITIONAL USE APPROVALS FOR CERTAIN
PERSONAL WIRELESS SERVICE TOWERS AND TOWER FACILITIES
THROUGH JUNE 15, 1997; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board reviewed a proposed ordinance on
telecommunication towers at its February 24, 1997 meeting and decided that the ordinance
needed further study and scheduled another review of the proposed telecommunication tower
ordinance for its March 10, 1997 workshop meeting; and,
WHEREAS, the Moratorium currently in effect will expire on March 17, 1997, and City
staff desires another 90 days to finish reviewing the proposed changes to its Code of Ordinances
regarding telecommunication towers and to allow time for the Commission to review the
proposed ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Ordinance No. 60-96 of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
.... :,.~ + ...... ,-~:~:+:~ ~ t- .............. :"~+:""" + ......... ~'~:~:':~ That the City of
Delray Beach does hereby extend the current ninety (90) day moratorium upon the acceptance or
consideration of applications for conditional use approval for personal wireless service tower
facilities, also known as communications towers or facilities to commence upon the expiration of
the current moratorium, March 17, 1997, and to continue for another ninety (90) day period until
June 15, 1997.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
ORD. -96
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the __
day of ,199_.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
comtow 1.ord
ORD. -96