HomeMy WebLinkAboutO-02-01ORDINANCE NO. 0-02-01
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING
A SIX-MONTtt MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS FOR WIRELESS TELECOMMUNICATION TOWERS
AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE
CONSTRUCTION OF WIRELESS TELECOMMUNICATION TOWERS;
PROVIDING FOR EXCEFI'IONS; SETTING FORTH EXPIRATION;
PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, pursuant to Section 2(b), Article VIII of the Florida Constitution and
Chapter 166, Florida Statutes, the City of Sebastian is authorized and required to protect the
public health, safety and welfare, and may exercise any power for any governmental purpose
except as expressly prohibited by law; and
WHEREAS, pursuant to said authority and Florida Statutes 163.3202, the City has
enacted land development regulations consistent with its adopted Comprehensive Plan, which
protect the quality of life in the City of Sebastian; and
WHEREAS, the City's Land Development Regulations do not contain any regulations
regarding location and criteria for commercial communication towers; and
WHEREAS, good land planning and concern for the quality of life in our City dictate
that tall structures not be placed haphazardly or allowed in a greater number than need be; and
WHEREAS, the Telecommunications Act of 1996 specifies that the authority of local
govemtnents over the placement, construction and modification of wireless telecormnunication
towers is not limited thereby, subject to certain enumerated conditions; and
WHEREAS, the City has a very limited number of potential sites which may be
appropriate for the installation of towers; and
WHEREAS, the City recognizes the need for modem communications and for effective
competition in the field, and also desires that the City residents receive adequate wireless
communication services, provided that the facilities are designed and located to minimize safety
and aesthetic concerns; and
WHEREAS, towers can be designed and installed in ways that will minimize safety and
aesthetic concerns; and
WHEREAS, these design and installation methods need to be reviewed by the City; and
WHEREAS, the City requires a reasonable time period to study the technical aspects of
the telecommunications industry as they impact land use decisions so that the City Council can
properly plan for and consider the adoption of wireless communication regulations that meet
national and local goals and legislative mandates; and
WHEREAS, in view of the foregoing and the absence of any existing regulations, a
situation exists justifying an immediate moratorium on commercial communication towers; and
WHEREAS, a moratorium will be of temporary impact to property within the City; and
WHEREAS, this moratorium is enacted in good faith, without unjust discrimination, in
reliance upon the decision of Sprint Spectrum, L.P.v. City of Medina, 924 F. Supp. 1036
(W.D.Wash. 1996) and is of the minimum feasible duration;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA, as follows:
Section 1. MORATORIUM. Except as otherwise provided herein, no application
for any permit or other development order relating to telecommunication towers shall be
accepted including, but not limited to, site plan review, conditional use approval or building
permit approval, for a period of six months from the effective date of this ordinance or until
adoption of new land development regulations applicable thereto, whichever shall occur first.
Section 2.
apply to:
1)
2)
EXCEPTIONS. The prohibition set forth in Section 1 hereof shall not
Any tower which is determined by the City Council to be necessary to any
governmental utility or emergency communications system; or
Adding an antenna to an existing structure so that the height of the original
structure is not increased by more than 10%;
3)
4)
5)
Section 3.
are hereby repealed.
Section 4.
Repair of any existing tower;
Any tower placed on City-owned property; or
Any complete application for a tower that was on file with the City as of
December 1, 2001, which is subsequently determined by the City Council to meet
all applicable requirements of City Codes.
CONFLICT. All ordinances or pm'ts of ordinances in conflict herewith
SEVERABiLITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the City Council did not intend to
enact such invalid or unconstitutional provision. It shall further be assumed that the City Council
would have enacted the remainder of this Ordinance without said invalid or unconstitutional
provision, thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take effect immediately
following its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
Bar c zyk The motion was seconded by Councilmember Ma j cher and,
upon being put to a vote, the vote was as follows:
Mayor Walter Barnes aye
Councilmember Joe Barczyk aye
Councilmember Edward J. Majcher, Jr. aye
Councilmember James Hill absent
Councihnember Ray Coniglio aye
The Mayor thereupon declared this Ordinance duly passed a. nd adopted this 23ra day of January,
2002.
cri'Y OF SEBASTIAN, FLORIDA
ATTEST:
Sally ~/iaio, CMC
City Clerk
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attor~y