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INSTR14 2019083508 BK 9890 PG 1384 <br /> 04/16/2019 03:20pm Page 1 of 39 <br /> Rcpt: 2046427 Rec: 333.00 <br /> DS: 0.00 IT: 0.00 <br /> Paula S. O 'Neil , Ph.D. <br /> ORDINANCE NO.: 1379-19 Pasco County Clerk & Comptroller <br /> AN ORDINANCE BY THE CITY COUNC4, OF THE CITY OF <br /> ZEPHYRHILLS, FLORIDA, RELATING TO (COMMUNICATIONS <br /> FACILITIES IN PUBLIC RIGHTS-OF-WAY; AMENDING THE <br /> CITY OF ZEPHYRHILLS, FLORIDA LA41I) DEVELOPMENT <br /> CODE; CREATING A NEW PART 7.12.00 IN THE CITY'S LAND <br /> DEVELOPMENT CODE TO BE ENTITLED"COMMUNICATIONS <br /> FACILITIES IN PUBLIC RIGHTS-OF-WAY"; PROVIDING <br /> 111 FINDINGS; PROVIDING FOR REPEALER, INCLUSION IN THE <br /> CODE, SEVERABILITY AND PROVIDING FOR AN EFFECTIVE <br /> DATE. <br /> WHEREAS, the Florida Legislature adopted and the governor signed into law, effective <br /> July 1, 2017, the Advanced Wireless Infrastructure Deployment Act (the "Act"), codified at Fla. <br /> Stat. §337.401,which places certain limitations on local govel�l-nlnent authority to regulate wireless <br /> Communications Facilities within the Public Rights-of-Way; and <br /> WHEREAS,passage of the Act necessitates that the City amend the City Code in order to <br /> implement the Act, ensure that the City's regulations governing wireless Communications - <br /> Facilities in the Public Rights-of-Way are consistent therewith, and to adopt new regulations as <br /> are consistent with the Act; and <br /> WHEREAS, Section 337.401(7), Florida Statutes, provides that a local government may <br /> adopt by ordinance objective design standards that require a small wireless communications <br /> facility to meet reasonable location context, color, stealth, and concealment requirements and <br /> objective design standards that require a new utility pole that replaces an existing facility to be of <br /> substantially similar design, material, and color, and require reasonable spacing requirements <br /> concerning the location of ground-mounted equipment; and <br /> WHEREAS, the Act substantially preserves local government authority to regulate the <br /> installation of new Utility Poles in the Public Rights)-of-Way, providing at Fla. Stat. <br /> §337.401(7)(d)(6) that, "Except as provided in subparagraphs 4 and 5, the installation of a Utility <br /> Pole in the Public Rights-of-Way designed to support a small wireless facility shall be subject to <br /> authority rules or regulations governing the placement of Utility Poles in the Public Rights-of- <br /> Way and shall be subject to the Application review timeframes in this subsection"; and <br /> WHEREAS, the City finds that this Ordinance will advance the public health, safety and <br /> welfare, and help to preserve the esthetic qualities of the City,l all within the bounds of the Act and <br /> other state and federal laws governing Communications Facilities. <br /> NOW,THEREFORE,BE IT ORDAINED by the City Council of the City of Zephyrhills, <br /> Florida, as follows: <br /> Section 1. Recitals. <br /> The Whereas Clauses above are true and accurate and are incorporated by reference <br /> and made a part of this Ordinance. . <br /> Section 2. Authority. <br /> This Ordinance is enacted pursuant to Chapter 163, Florida Statutes, and under the <br /> home rule powers of the City. <br /> Section 3. Amendment to the Land Development Code. <br /> The City of Zephyrhills Land Development Bode is hereby amended by adding a <br /> new Part 7.12.00 thereto, pertaining to Communication Fa6ilities in Public Rights-of-Way, as <br /> follows: <br /> PART 7.12.00.- COMMUNICATIONS FACILITIES IN UBLIC RIGHTS-OF-WAY <br /> Record and Return to: •9, ) Page 1 of 31 <br /> City Clerk's Office <br /> 5335 8th Street `' <br /> Zephyrhills, FL 33542 <br />