HomeMy WebLinkAboutO-12241J-02-543
05/23/02
ORDINANCE NO. 112241
AN ORDINANCE OF THE MIAMI CITY COMMISSION
IMPOSING A TEMPORARY FORTY-FIVE DAY DELAY IN
ACCEPTANCE, PROCESSING, PLACEMENT,
CONSTRUCTION OR MODIFICATION OF PERSONAL
WIRELESS SERVICE FACILITIES FOR THE SPECIFIC
PURPOSE OF REVIEWING ARTICLES 4 AND 6 OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI; PROVIDING
FOR A TERM; PROVIDING FOR PENDING
APPLICATIONS; PROVIDING FOR ADMINISTRATIVE
AND JUDICIAL REVIEW; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission adopted Ordinance No. 11000,
as amended, the Zoning Ordinance, with provisions in Chapter 4
and 6 regarding placement of wireless service facility; and
WHEREAS, one of the most significant trends over the last
fire years has been the growth of the tower industry and the
demand for wireless sites will continue to increase; and
WHEREAS, the proliferation of wireless service facilities,
location, appearance and height of towers poses significant
governmental concerns necessitating immediate attention; and
WHEREAS, the City Commission finds that it is in the best
interest of the public to direct the City Manager to have
planning and zoning and other expert City of Miami staff develop
and bring back to the City Commission a comprehensive regulatory
scheme for the acceptance, processing, placement, construction
and modification of personal wireless service facilities; and
WHEREAS, a temporary forty-five day delay on all new or
pending applications, acceptance, processing, placement,
construction and modification of personal wireless service
facilities, will allow for an orderly remedial effort and
requisite studies, without the counteracting impact which would
accompany an increase, during the remedial process, of the very
same; and
WHEREAS, the City Commission, after careful consideration
of the matter, deems it advisable and in the best interest of
the general welfare of the City of Miami and its inhabitants to
impose a temporary forty-five day delay on the acceptance,
processing, placement, construction and modification of personal
wireless service facility;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. There is imposed, during the time :that this
Ordinance is in effect,, as specified in Section 5 below, a
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temporary delay on the acceptance, processing, placement,
construction and modification of personal wireless service
facilities (towers) under the Zoning Ordinance of the City of
Miami.
Section 3. This temporary delay shall apply solely to
all new or pending applications, acceptance, processing,
placement, construction and modification of personal wireless
service facilities (towers) under the Zoning Ordinance of the
City of Miami.
Section 4. Nothing in this Ordinance shall be construed
or applied to abrogate the vested right of a property owner to
develop or utilize his/her property in any other way
commensurate with zoning and other regulations, including the
renewal of permits for existing legally erected towers.
Section 5. The delay imposed by this Ordinance is
temporary and, unless repealed earlier by the City Commission,
shall automatically dissolve 45 days from the effective date of
this Ordinance, whichever occurs first.
Section 6. Appeals from decisions and- actions of the
City under this Ordinance shall be pursuant to Section 2005 of
Ordinance No. 11000, the Zoning Ordinance of the City of Miami.
Section 7. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Page 3 of 4 12241
Section 8. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be
affected.
Section 9. This Ordinance shall become effective
IMMEDIATELY after final reading and adoption thereof."
PASSED ON FIRST READING BY TITLE ONLY this 23rd day of
May,.; , 2002.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY
TITLE ONLY this 27th day of June. 2002.
M NUEL A. 7DIAZ,.MAYOe
ATTEST:
PRISCILLA A. THOMPSON CITY CLERK
APPROVF�AS ;-/ FORP-'AND CORRECTNESS :,),�k-
TLE'JAN 0 VILARELLO
CITY XTTORNEY
276:YMT:BSS
�i If the Mayor does not sign this Resolution, it shall become, effective
at the end of ten calendar days from the date it was passed and
adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 4 of 4
12241
APPLICANT
HEARING DATE
REQUEST/LOCATION
• • PZ 13
SECOND READING
PLANNING FACT SHEET
Planning and Zoning Department.
June 19, 2002
Consideration of an Ordinance imposing a 45 -day delay
on processing, placement, construction or.modification of
Personal Wireless Service Facilities
LEGAL DESCRIPTION N/A
PETITION An ordinance imposing a temporary forty-five day delay in
acceptance, processing, placement, construction or
modification of personal wireless service facilities for the
specific' purpose of reviewing Articles 4 and 6 of
Ordinance 11000, as amended, the Zoning Ordinance of
the City of Miami; providing for a term; providing for
pending applications; and providing for administrative and
judicial review.
PLANNING
RECOMMENDATION Approval.
BACKGROUND
AND ANALYSIS The purpose of the attached ordinance is to impose a 45 -
day delay on processing, placement, construction or
modification of Personal Wireless Service Facilities for the
specific purpose of reviewing Articles 4 and 6 of
Ordinance 11000, as amended, the Zoning Ordinance of
the City of Miami, in order to determine if amendments
are warranted pursuant to State and Federal Regulations
on such facilities.
PLANNING ADVISORY BOARD Recommended approval with VOTE: 8-0
conditions to City Commission.
i
CITY COMMISSION Passed First Reading on May 23, 2002.
APPLICATION NUMBER 02-046 Item #1
CITY OF MIAMI - PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3R0 FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Date: 6/20/2002 . -......................Paa...ge ......... 1..
12241
RESOLUTION PAB - 41-02
A RESOLUTION RECOMMENDING APPROVAL OF A
CONSIDERATION OF AN ORDINANCE IMPOSING A 45 -DAY DELAY
ON PROCESSING, PLACEMENT, CONSTRUCTION OR
MODIFICATION OF PERSONAL WIRELESS SERVICE FACILITIES FOR
THE SPECIFIC PURPOSE OF REVIEWING ARTICLES 4 AND 6 OF
ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI; PROVIDING FOR A TERM; PROVIDING FOR
PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND
JUDICIAL REVIEW; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE,
WITH THE FOLLOWING CONDITIONS: 1) TO AMEND THE
MORATORIUM TO 90 DAYS ON ANY TOWERS OR MONOPOLES,
EXCLUSIVELY, AND 2) ANY SUCH TOWERS OR MONOPOLES THAT
ALREADY HAVE BUILDING PERMITS SHALL BE ALLOWED TO
CONTINUE CONSTRUCTION.
HEARING DATE: June 19, 2002
ITEM NO.: 1
VOTE: 8-0
ATTEST: ,t,
Ana Gela ert-Sanch , Director
Planning and Zoning Department
12241