HomeMy WebLinkAboutO-12262J-02-670
07/02/02
ORDINANCE NO. 12262
AN ORDINANCE OF THE MIAMI CITY COMMISSION
IMPOSING AN ADDITIONAL FORTY-FIVE DAY DELAY
(TO SEPTEMBER 30, 2002) IN ACCEPTANCE,
PROCESSING, PLACEMENT, CONSTRUCTION OR
MODIFICATION OF PERSONAL WIRELESS SERVICE
FACILITY TOWERS AND MONO -POLES 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 facility
towers and mono -poles pose 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
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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, on June 27, 2002 the City Commission adopted on
second and final reading an ordinance authorizing an initial
forty-five day delay on all new applications, acceptance,
processing, placement, construction and modification of personal
wireless service facility towers and mono -poles, to permit 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 an additional forty-five day delay on the acceptance,
processing, placement, construction and modification of personal
wireless service facility towers and mono -poles;
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.
Page 2 of 5
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Section 2. There is imposed; during the time that this
Ordinance is in effect, as specified in Section 5 below, a
temporary delay on the acceptance, processing, placement,
construction and modification of personal wireless service
facility (towers) and mono -poles under the Zoning Ordinance of
the City of Miami.
Section 3. This temporary delay shall apply solely to
all new applications, acceptance, processing, placement,
construction and modification of personal wireless service
facility (towers) and mono -poles 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 on September 30, 2002. This date
takes into account the initial 45 days following the effective
Page 3 of 5
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date of the June 27, 2002 Ordinance and the additional 45 days
granted by this Ordinance.
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.
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 9th day of
July , 2002.
�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 5
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•
PASSED AND ADOPTED ON SECOND AND FINAL READING BY
TITLE ONLY this 25th day of July 2002.
ATTEST:
PRI ILLA A. THOMPSON, CITY CLERK
ORO VILARE
TTORNEY (A
1302:YMT:
AND CORRECTNESS:
Page 5 of 5
NUEL A. DIAZ, MAY
PZ 20
SECOND READING
PLANNING. FACT SHEET
APPLICANT Carlos A. Gimenez; Miami City Manager
REQUEST/LOCATION Consideration of an Ordinance Imposing an Additional
45 -Day Delay on Personal Wireless Service Facilities
LEGAL DESCRIPTION N/A.
PETITION An ordinance imposing an additional forty-five day delay
(to September 20, 2002) in acceptance, processing,
placement, construction or modification of personal
wireless service facility towers and mono -poles 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; and providing for administrative and
judicial review.
PLANNING
RECOMMENDATION Recommended approval.
BACKGROUND
AND ANALYSIS The purpose of the attached ordinance is to increase by
45 days a temporary delay in acceptance, processing,
placement or' construction of monopoles and towers
associated with 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. The additional 45 days will give the
Planning and Zoning Department sufficient time to
prepare any necessary amendments.
CITY COMMISSION Passed First Reading on June 27, 2002.
....................................................... ......................................................... ................. _.._.......................... -.................... _................................................................... -...............................................
CITY OF MIAMI •. PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE, (305) 416-1400
............. .............................................................. __........................................... _._._...... _..... __...................... _._............ :.......................................... _....... .................... ......................................
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Page 1
Subrnitt��� s e
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PrisciFla—A. Thorp Npsin
City Clerk
The cellular and SMR databases are available for on-line viewing in the Public Reference Room of
the Wireless Telecommunications Bureau's Commercial Wireless Division, located on the fifth
floor of 2025 M Street, N.W., Washington, DC 20554. For more information, you may contact
the Reference Room at (202) 418-1350. You may also obtain on-line access from a remote
location, by contacting Interactive Systems, Inc., 1601 North Kent Street, Suite 1103, Arlington,
VA 22209, at (703) 812-8270. However, because PCS licensees are issued a blanket license for
their entire geographic area, the Commission does not maintain any information in its databases
on the specific locations of any PCS base stations, unless they fall into the categories listed above.
7. Sonne people consider personal wireless service facilities to be unsightly. Is there sole
way to make these structures blend in with their surroundings?
Answer: Antennas for personal wireless services can sometimes be mounted on existing
structures such as building roof tops, church steeples, street lights, traffic lights, or electric utility
substations, where they are relatively unobtrusive. Painting antenna structures to blend in with
the existing structure is also an effective camouflage. Camouflaging of antennas is also used to
accommodate highly specialized land use concerns. For example, a personal wireless service
provider seeking to locate a transmitter site in a historic district may consider camouflaging the
antenna in such structures as clock towers or artificial trees. Such camouflaging is, however,
expensive and time consuming and most service providers are reluctant to routinely use the
camouflage option.
ZONING ISSUES
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8: What types of information exchanges should occur at the beginning of the local
zoning process that would be helpful both to local and state governments and to
personal wireless service providers?
Answer: From the perspective o,f the local and state governments, it is helpful for the wireless
service provider to supply as.rriuch advance information as possible about the nature of its service
offerings and the "big picture" plan for service deployment. Local zoning authorities have a
strong interest in becoming fully informed about exactly what they are authorizing, and what will
be the long-term effects of facilities siting on land use in their communities. Many personal
wireless service providers have found it helpful to organize seminars aimed at acquainting local
zoning authorities with their services. Community outreach is also aproductive way for new
wireless service, providers to pave the way for introduction of their offerings. Personal wireless
service providers may be able to expedite the zoning authorization process if they target, where
possible, site locations that are compatible with the proposed use, such as industrial zones, utility
rights of way and pre-existing structures.
From the perspective of the personal wireless service provider, knowing what to expect in the
zoning process is the primary concern. Therefore, state and local authorities should endeavor to
provide wireless service providers with a clear picture of the zoning authorization process in
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