HomeMy WebLinkAbout656-97 90 Moratorium on Telecommunication Towers 111111111111111111111111111111311111111111--
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97012091
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ORDINANCE NO. 6 5 6 0/04/97 Dpty Clerk
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ZEPHYRHIL LS,'` FLORIDA,
ADOPTING A 90 DAY-TEMPORARY
MORATORIUM, PURSUANT TO CHAPTER 166,
LAWS OF THE STATE FLORIDA, ON THE
ACCEPTANCE OR CONSIDERATION OF PERMIT
APPLICATIO'NS • FOR NEW
TELECOMMUNICATION SUPPORT TOWERS
-- A]►D: SSOtTA TEP i, 1r} PMEENT_C,rr ITTGI 1RF_S - -
SPECIFICALLY EXEMPTING ANTENNA
INSTALLATIONS NOT ; REQUIRING NEW
SUPPORT TOWERS OR EQUIPMENT
STRUCTURES AND MINOR MODIFICATIONS ;
MADE TO EXISTING SUPPORT TOWERS;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS,the Public Law, commonly known as the Telecommunications Act of 1996, was
signed into law on February 8, 1996; and
WHEREAS, the Telecommunications Act of 1996 preserves the authority oflocal
governments to make decisions regarding the placement, construction, and modification of personal
wireless service facilities provided that those decisions do not unreasonably discriminate among
p1 vVil?C:lu Cfi.lf_:;vl, •.la iCi.i:�vi�UlYu! l!6��il-Viii'vu V r "14 AE-�s: aa0..♦i'bul...y _ -.,i.r �..ul'r.la l4 a.k'> .v ~.l1v::.
of personal wireless services; and •
WHEREAS, pursuant to the police powers vested in the City of Zephyrhills by Chapter 166,
Laws of the State ofFlorida, to exercise home rule powers granted by the.Florida Ccistitution; and
WHEREAS, the City Council of the City of Zephyrhills has determined that existing
telecommunications facilities sitting regulations are inadequate as they relate to compatilaty with
surrounding properties and rights-of-ways, and the health, safety, and welfare'of the citizens of the
City of Zephyrhills; and
WHEREAS, due to the inadequacy of the existing telecommunication facilities sitting
regulations, consideration and issuance of permits for new support tow'.s Or e)iipment structures
would be done with appropriate and reasonable regulations or full knowledge of potential impacts;
4
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towers by updating relevant portions of the Land Development Code i.yf the City of Zepryrrhills ; and
WHEREAS, in order to complete the updating process, the City;of Ze;phyrhills requires
additional time to research relevant issues and develop reasonable regulatory criteria through
amendment of the Land Development Code of the City of Zephyrhills before permits for new support
towers should be accepted, considered, and issued.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills,
Florida, sitting in regular session, as follows: r JED PITTMAN, PASCO COUNTY CLERK
02/04/97 04:02pe 1 of 2
OR Bk 36{32 PG 1.469
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33540
' OR BK ass a PG 1 4-7-0-'•
2of2
SECTION 1: The City of Zephyrhills doeshereby impose a ninety-day (90) temporary
moratorium on the acceptance or consideration of permit applications for new telecommunications
support towers.
SECTION 2: This Ordinance shall not apply to any application for the sitting of new support
towers pending at the time of ordinance adoption.
SECTION 3: Telecommunications antenna installations not requiring new support towers —
shall be exempt from the provisions of this Ordinance provided such installations do not involve the
construction or structural modification to or expansion of a telecommunications support tower.
SECTION I. �i vLilol. l' : lf tll. YJ }wc.-:..,tx.g t lecv.u' i.:vat:.ns s.i poit to iers
,
specifically, applications riot.involving an increase in the height of existing towers shall be processed
and permits issued provided there is compliance with all other applicable regulations.
SECTION 5: It is the intention of the City Council that each provision hereof be
considerable separable, and, if any subsection, sentence, clause, or provision of this Ordinance is held
invalid, the remainder of the ordinance shall not be affected.
SECTION 6: The temporary moratorium on the acceptance or consideration of permit
applications shall commence upon the effective date of this ordinance and continue for ninety(90)
consecutive days thereafter.
SECTION 7: This Ordinance shall become effective upon second reading and signing by the
Mayor. F
The foregoing Ordinance No. 663 was read and passed on its first reading in open 1.—
and -regular meeting by tile City Coucicil of Lilo City of Lepi►yiiiiiis, f.loriia, oil this/3e- ' clay of
II
Ot l f �' /
•.•.•• , A.D., 1997. ,..- 1. -//1).,.....0.-,,..-t,,...._
. -s AL. L. BREN /
�;, �- " esident of City ouncifl
Atteat: 4�-iLJ. .
City ',lerk;LTND :D. BOAN
?) .. q'
The foregoing Ordinance No. 6,5-6 was read and passed on its second reading in open and
regular meeting by the City Council of the City of Zephyrhills, Florida, on this & i - day of
0-i,-- a , A.D., 1997.
..% 0 v ' - , Ai 7 ,
. i air .0 lir Alle. ,
i c., . ' LAN L. B ' 'IA
' ,�.e. • � � /� President of ,ty Council•
Attest: . ...�, ,••- �� .` .. //d-�.-,✓
unity c'ica, LI1`11)Lt'Fi. 1%OA N
n •
n 6—
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The foregoing Ordinance No. 6,s"--1, was approved by me this c l day of
`r , A.D., 1997.
J MES A. BAILEY, Mayor u