HomeMy WebLinkAboutO-12284J-02-801
9/26/02
ORDINANCE NO. 12284
AN ORDINANCE OF THE MIAMI CITY COMMISSION
IMPOSING AN ADDITIONAL SIXTY-FIVE DAY DELAY
(TO NOVEMBER 24, 2002) IN ACCEPTANCE,
PROCESSING, PLACEMENT, CONSTRUCTION OR
MODIFICATION OF PERSONAL WIRELESS SERVICE
FACILITY TOWERS AND MONO -POLES, WITH THE
EXCEPTION OF GOVERNMENT SAFETY
COMMUNICATIONS FACILITIES, FOR THE SPECIFIC
PURPOSE OF REVIEWING PROVISIONS IN
CHAPTERS 4 AND 6 OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI AND CREATING COMPREHENSIVE LEGISLATION
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 Chapters 4
and 6 regarding placement of wireless service facility; and
WHEREAS, one of the most significant trends over the last
five 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
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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, on August 19, 2002 the City Commission adopted on
second and final reading an ordinance authorizing an additional
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 sixty-five day delay on the acceptance,
processing, placement, construction and modification of personal
wireless service facility towers and mono -poles, with the
exception of government safety communications facilities;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Page 2 of 5
j. 2284
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
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, with the exception of government safety
communications facilities.
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, with the exception of, government safety
communications facilities.
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
Page 3 of 5
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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 November 24, 2002. This date
takes into account the additional 65 days following the
expiration date of the August 19, 2002 Ordinance 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 '. 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.
Page 4 of 5
6 •
Section 9. This Ordinance shall become effective
IMMEDIATELY after final reading and adoption thereof.11
PASSED ON FIRST READING BY TITLE ONLY this llth
day of September , 2002.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY
TITLE ONLY this 26th day of September , 2002.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AR'"TO ,FOR AND CORRECTNESS:
VILARELLO
IT ATTORNEY i " p1""�"
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1� 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 5 of 5
12284
PZ 15
SECOND READING
PLANNING FACT SHEET
APPLICANT Carlos A. Gimenez, Miami City Manager
REQUEST/LOCATION Consideration of an Ordinance Imposing an Additional
65 -Day Delay on Personal Wireless Service Facilities
LEGAL DESCRIPTION N/A.
PETITION An ordinance imposing an additional sixty-five day delay
(to November 24, 2002) in acceptance, processing,
placement, construction or modification of personal
wireless service facility towers and mono -poles for the
specific purpose of reviewing provisions in Chapters 4 and
6 of Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami and creating
comprehensive legislation 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
65 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 finalizing the review of applicable
sections of the zoning ordinance and adopting proposed
recommendations.
CITY COMMISSION Passed First Reading on September 11, 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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