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60-96 ORDINANCE NO. 60-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IMPOSING A MORATORIUM ON THE ACCEPTANCE OR CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE APPROVALS FOR CERTAIN PERSONAL WIRELESS SERVICE TOWERS AND TOWER FACILITIES; PROVIDING FOR THE TREATMENT OF OUTSTANDING APPLICATIONS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCLUSIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach has permitted the construction of personal wireless service tower facilities as a conditional use within certain zoning districts; and WHEREAS, various provisions of the City of Delray Beach Code of Ordinances contain provisions regulating the placement and construction of these personal wireless service tower facilities; and WHEREAS, Public Law 104-104, commonly known as the Telecommunications Act of 1996 (the Act), was signed into law on February 8, 1996; and WHEREAS, the Act preserves the authority of local governments to make decisions regarding the placement, construction and modification of personal wireless service facilities so long as those decisions do not unreasonably discriminate among providers of functionally equivalent services or prohibit or have the effect of prohibiting the provision of personal wireless services; and WHEREAS, passage of the Act, changes in wireless communication technology, additional licenses granted by the Federal Communications Commission and the increased consumer demand for personal wireless services has had the effect of creating a climate of heightened competition among the providers of personal wireless services and numerous providers of personal wireless services have expressed the desire to locate personal wireless communications facilities within the City; and WHEREAS, this increased competition has resulted in an increase in the number of applications for conditional use approval in the City; and WHEREAS, the number of potential sites within the City which would be acceptable for the installation of personal wireless communications facilities is limited; and WHEREAS, citizens of the community have expressed a desire that personal wireless communications facilities be located and constructed in a manner protective of their health, safety and welfare, as well as the aesthetic welfare of the City; and WHEREAS, current industry technology exists which will allow personal wireless communications facilities to be designed and installed in ways that minimize aesthetic, health, safety and welfare concerns; and WHEREAS, the City Commission has determined that the current provisions within the City's Code of Ordinances relating to the regulation of the placement and construction of personal wireless communications facilities are inadequate as they relate to compatibility with surrounding properties, proliferation of towers and ensuring that co-location of antennas is required; and WHEREAS, the City requires time to study the adequacy of its current regulatory ordinances and to explore and develop modifications or additions to those ordinances; and WHEREAS, processing applications for conditional use approval for personal wireless communications facilities without the benefit of additional information and study to determine the need for providers to design facilities to allow for co-location may result in the inability to allow adequate sites for all competing providers; and WHEREAS, the City Commission has directed staff to draft any needed amendments to the City's Code of Ordinances determined to' be required to protect the aesthetic, health, safety and welfare concerns found to exist; and WHEREAS, City staff has begun the process of researching and drafting any such amendments to the City's Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach does hereby impose a 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. - 2 - Ord. No. 60-96 Section 2. That this ordinance shall not apply to any legally sufficient application for conditional use approval for personal wireless service tower facilities which is pending on December 17, 1996, and shall not apply to any existing structure which is legally grandfathered or the onsite replacement of such structure. Section 3. The definition of "personal wireless services" and "personal wireless service facilities" shall be the same as those terms are defined in Section 704 of the Telecommunications Act of 1996, and shall include communication facilities as described in the City's Code of Ordinances. Section 4. This ordinance addresses tower facilities and their support structures. It specifically excludes and shall not effect pole attachments or the placement of antennae, where such attachment or placement does not involve the construction or structural modification to or expansion of a tower structure. Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 7th day of January , 1997. ATTEST: First Reading December 17r 1996 Second Reading January 7~ 1997 - 3 - Ord. No. 60-96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lVlg2q'AGER~/~ SUBJECT: AGENDA ITEM #/~ - REGULAR MEETING OF JANUARY 7, 1997 SECOND READING/SECOND PUBLIC HEARING FOR ORDINANCE NO. 60-96 (CELLULAR TOWER MORATORIUM) DATE: JANUARY 2, 1997 This is second reading and the second public hearing for Ordinance No. 60-96 which imposes a ninety (90) day moratorium upon the acceptance or consideration of applications for conditional use approval for communications towers or facilities. The ordinance does not affect pending conditional use applications as of the date of first reading, or December 17, 1996. At first reading, the Commission passed the ordinance by a vote of 4 to 0. Recommend approval of Ordinance No. 60-96 on second and final reading. ref:agmemo2 Writer's Direct Line: (407) 243-7090 DELRAY BEACH AIl.ln~ica City MEMORANDUM 'IIIt December5, 1996 1993 TO: David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Moratorium - Cellular Towers Attached is the ordinance regarding the cellular tower moratorium. The ordinance calls for a 90 day moratorium upon the acceptance or consideration of applications for placement of cellular towers. This ordinance does not effect pending conditional use applications as of the date of fa'st reading. (That date needs to be incorporated in the ordinance once the first reading date is established). The ordinance needs to be advertised for two public hearings pursuant to F.S. Sec. 166.041(3)(c). P~ou have any questions. SAR:ci ORDINANCE NO. 6 0- 9 6 AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA IMPOSING A MORATORIUM ON THE ACCEPTANCE OR CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE APPROVALS FOR CERTAIN PERSONAL WIRELESS SERVICE TOWERS AND TOWER FACILITIES; PROVIDING FOR THE TREATMENT OF OUTSTANDING APPLICATIONS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCLUSIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach has permitted the construction of personal wireless service tower facilities as a conditional use within certain zoning districts; and, WHEREAS, various provisions of the City of Delray Beach Code of Ordinances contain provisions regulating the placement and construction of these personal wireless service tower facilities; and, WHEREAS, Public Law 104-104, commonly known as the Telecommunications Act of 1996 (the Act), was signed into law on February 8, 1996; and, WHEREAS, the Act preserves the authority of local governments to make decisions regarding the placement, construction and modification of personal wireless service facilities so long as those decisions do not unreasonably discriminate among providers of functionally equivalent services or prohibit or have the effect of prohibiting the provision of personal wireless services; and, WHEREAS, passage of the Act, changes in wireless communication technology, additional licenses granted by the Federal Communications Commission and the increased consumer demand for personal wireless services has had the effect of creating a climate of heightened competition among the providers of personal wireless services and numerous providers of personal wireless services have expressed the desire to locate personal wireless communications facilities within the City; and, WHEREAS, this increased competition has resulted in an increase in the number of applications for conditional use approval in the City; and, WHEREAS, the number of potential sites within the City which would be acceptable for the installation of personal wireless communications facilities is limited; and, WHEREAS, citizens of the community have expressed a desire that personal wireless communications facilities be located and constructed in a manner protective of their health, safety and welfare, as well as the aesthetic welfare of the City; and, ORD. 60-96 WHEREAS, current industry technology exists which will allow personal wireless communications facilities to be designed and installed in ways that minimize aesthetic, health, safety and welfare concerns; and, WHEREAS, the City Commission has determined that the current provisions within the City's Code of Ordinances relating to the regulation of the placement and construction of personal wireless communication facilities are inadequate as they relate to compatibility with surrounding properties, proliferation of towers and ensuring that co-location of antennas is required; and, WHEREAS, the City requires time to study the adequacy of its current regulatory ordinances and to explore and develop modifications or additions to those ordinances; and, WHEREAS, processing applications for conditional use approval for personal wireless communication facilities without the benefit of additional information and study to determine the need for providers to design facilities to allow for co-location may result in the inability to allow adequate sites for all competing providers; and, WHEREAS, the City Commission has directed staff to drat~ any needed amendments to the City's Code of Ordinances determined to be required to protect the aesthetic, health, safety and welfare concerns found to exist; and, WHEREAS, City staff has begun the process of researching and drafting any such amendments to the City's Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach does hereby impose a 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. Section 2. That this Ordinance shall not apply to any legally sufficient application for conditional use approval for personal wireless service tower facilities which is pending on December .__, 1996, and shall not apply to any existing structure which is legally grandfathered or the onsite replacement of such structure. Section 3. The definition of "personal wireless services" and "personal wireless service facilities" shall be the same as those terms are defined in {}704 of the Telecommunications Act of 1996, and shall include communication facilities as described in the City's Code of Ordinances. Section 4. This Ordinance addresses tower facilities and their support structures. It specifically excludes and shall not effect pole attachments or the placement of antennae, where such attachment or placement does not involve the construction or structural modification to or expansion of a tower structure. ORD. 6 0 -96 Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 7. 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 ORD. 60-96 NOTICE OF IMPOSING A MORATORIUM ON THE ACCEPTANCE OR CONSIDERATION OF APPLICA- TIONS FOR CONDITIONAL USE APPROVALS FOR ~ CERTAIN PERSONAL WIRELESS SERVICE TOWERS AND TOWER FACILITIES THROUGHOUT THE CITY OF DELRAY BEACH The Cily Commission of the City of Deiray Beach, Florida, proposes to adop~ the following-°rdinance: . ORDINANCE NO. 60.96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY .BEACH, FLORIDA, IMPOSING MORATORIUM ON THE ACCEPTANCE OR CONSlDERA'- TION OF APPLICATIONS FOR CONDITIONAL USI~ APPROVALS FOR CERTAIN PERSONAL WIRELESS SERVICE TOWERS AND TOWER FACILITIES; PROVID£ lNG FOR THE TREATMENT OF OUTSTANDING APPL!~ CATIONS; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCLUSIONS; PROVIDING A SAVING CLAUSE, GENERAL REPEALER CLAUSE AND AN EFFECTIV~ DATE. The City Commission will conduct two (2) Public Hearing~ for the purpose of accepting public testimony regarding the proPosed ordinance. The first Public Hearing will be held 'on TUESDAY. DECEMBER 17. 1996. AT 5:00 P.M, (or at any continuation of' such meeting which is set by the Commission), in the Commission Chambers at City Hal!, 100 N.W. 1st Avenue, Delray Beach, Florida. If the ordi- nance is paSsed on first reading, a second Public Hearing will be held on TUESDAY. JANUARY 7. 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 hear- ings and Comment upon the proposed ordinance or submit their comments in writing on or before the date of thes~ hearings to the City Clerk's Office. For further information (~r to obtain a copy of the proPosed ordinance, please conta(~ the City Clerk's Office, City Hall, 100 N.W. 1st Avenue~ Delray Beach, Florida 33444, (Phone 407/24'3-7050) between the hours of 8:00 a.m. and 5:00 p.m., Monday/ through Friday, excluding holidays, j PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITy COMMISSION WITH RESPECT TO ANY MATTER CONr SIDERED 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:Delray Beach News OF DELRAY BEAC~ CITY December 10, 1996 Alison MacGregor Harty ~ December 30, 1996 City Clerk