HomeMy WebLinkAboutO-02-12ORDINANCE NO. 0-0242
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING
A SIX-MONTH EXTENSION OF THE 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 EXCEPTIONS;
SETTING FORTH EXPIRATION; PROVIDING FOR CONFLICT,
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, pursuant to Section 2(b), Article Vii/ 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
WltEREAS, 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 reasonable regulations be in place regarding location and criteria for commercial
communication towers; and
WHEREAS, the City requires a reasonable time period to study the technical aspects of
the telecommunications industry so as to properly plan for and consider the adoption of wireless
communication regulations that meet national and local goals and legislative mandates, and
towards that end adopted a six-month moratorium through ordinance O-02-01; and
WHEREAS, extensive progress has been made towards formulation of said regulations,
yet the task is complex and time-consuming, therefore a situation exists justifying an extension
on the 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, 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 EXTENDED. The moratorium upon acceptance of
applications for any permit or other development order relating to telecommunication towers
enacted pursuant to Ordinance 0-02-01 is hereby extended for an additional six-month period
beginning one minute before the expiration of the moratorium declared in said Ordinance.
Section 2.
apply to:
1)
2)
3)
4)
5)
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%;
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 l, 2001, which is subsequently determined by the City Council to meet
ail applicable requirements of City Codes.
Section 3.
are hereby repealed.
Section 4.
'CONFLICT. All ordinances or parts 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
Majcher
foregoing Ordinance was moved for adoption by Councilmember
· The motion was seconded by Councilmember Barezyk 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 aye
Councilmember Ray Coniglio .a.y.e~..,
The Mayor thereupon declared this Ordinance duly passed and adopted this l0th day of July,
2002.
CITY OF SEBASTIAN, FLORIDA
Sally A.
City Clerk
By: 2~k)~
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer,