O-596-97 ORDINANCE NO. 596-97
AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE, FLORIDA, PROVIDING FOR AND IMPOSING A SIX MONTH
MORATORIUM ON THE ISSUANCE OF PERMITS FOR WIRELESS
TRANSMISSION AND TOWER FACILITIES WITHIN THE MUNICIPAL
LIMITS OF THE VILLAGE; PROVIDING FINDINGS OF FACT; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH,AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 8, 1996, the Telecommunications Act of 1996 was signed
into law and which provides, in part, a national wireless telecommunications siting policy;
and
WHEREAS, the Telecommunications Act of 1996 preserves the zoning authority of
local governments concerning decisions regarding the placement, construction and
modification of wireless transmission and tower facilities providing that the local
government acts on any request for placement, construction or modification of such
facilities within a reasonable period of time and does not unreasonably discriminate among
providers or prohibit personal wireless services; and
WHEREAS, the Village Council of Miami Shores Village, Florida, finds it necessary
to make a study and to determine the potential health and safety concerns and the
aesthetic affects of such facilities on neighboring properties and on the community as a
whole in order to minimize health and safety and aesthetic concerns; and
WHEREAS, the Village Council and Village Administration require necessary and
reasonable time to determine the zoning district or zoning districts in which wireless
transmission and tower facilities should be placed and to determine the feasibility of
requiring use of public property and rights-of-way and the co-location of wireless
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transmission and tower facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE, FLORIDA:
Section 1. The Village Council of Miami Shores Village, Florida, makes the
following findings of fact:
A. The Miami Shores Village is a relatively small residential community with a
limited number of potential sites which would be acceptable for the installation of wireless
transmission and tower facilities.
B. The Village Council has concerns relating to the general welfare and the
potential health, safety and aesthetic effects of such facilities on neighboring properties
and the community as a whole and is desirous of and needs to make a study in order to
minimize problems in those areas.
C. Current technology establishes that wireless transmission and tower facilities
can be designed and installed in ways that will minimize health, safety and aesthetic
concerns.
D. The Village requires time to study the feasibility of requiring use of public
property and rights-of-way and the co-location of wireless transmission and tower facilities
within a limited number of acceptable sites within the City and to determine the zoning
district or districts in which wireless transmission and tower facilities should be located,
including addressing the needs of licensed providers of such services.
E. Processing applications for such facilities at the present time without the
information available to determine the proper siting of facilities may result in an inability to
allow adequate sites for competing providers and beneficial services may not be able to
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be provided without careful allocation of potential sites.
F. The Federal Communications Commission is currently developing rules
regarding the environmental effects of radio frequency emissions which may impact the
placement or configuration of such facilities.
G. The Village Council finds and declares that an emergency exists in that the
issuance of permits for wireless tower and transmission facilities without adequate study
of the requirements of the licensed providers and without study of the ability of providers
to minimize health, safety and aesthetic concerns is likely to result in adverse effects on
the general welfare and the health and safety of the citizens of Miami Shores Village,
Florida.
Section 2. The Village Council of Miami Shores Village, Florida, hereby
establishes and imposes a moratorium of six months from the effective date of this
Ordinance on the issuance of permits for wireless tower and transmission facilities.
Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
Section 4. This Ordinance shall take effect immediately upon passage.
Passed on first reading this 3rd day of December , 1996.
Passed on second reading this 7th day of Janua , 1997.
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MAYOR r, pl
APPROVED AS TO FORM: ATTEST:
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By: G � By: &J�v &M CeZ6"
Village Attorney Village Clerk
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