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HomeMy WebLinkAbout656-97 90 Moratorium on Telecommunication Towers 111111111111111111111111111111311111111111-- 97012091 11111111111111111111!111111111111111111111111lII F- 97012091 Rcpt: 129880 Ree: 10.50 DS: 0.00 IT: 0.00 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 and ` V ,n►'..nM F'A c, ti a Iv,' t' rlI ./.•,, Tj11Q e'i'.+ 1.7;� 117 rr i' > i. +. , •:wind y. ' '� 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— II r /`-- 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