AGENDA ITEM REPORT
TITLE:
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AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 13, "LAND DEVELOPMENT CODE," BY AMENDING ARTICLE III, "ZONING REGULATIONS," DIVISION 4, "ACCESSORY USES AND STRUCTURES," SUBDIVISION IX, "WIRELESS COMMUNICATIONS FACILITIES," IN ORDER TO UPDATE THE CITY'S TELECOMMUNICATIONS ORDINANCES TO COMPORT WITH RECENT CHANGES TO STATE AND FEDERAL LAW AND TO ENSURE CONSISTENCY WITH INDUSTRY STANDARDS. (SECOND READING)(PUBLIC HEARING)
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BACKGROUND:
This item was approved on First Reading at the January 25, 2018, City Commission meeting, as amended to provide that the City Manager, or designee, shall be responsible for the administration and enforcement of the Ordinance.
The Ordinance was tabled at the February 8, March 8, and March 22, 2018, City Commission meetings.
During the 2017 State Legislative Session, the Legislature passed House Bill 687, known as the Advanced Wireless Infrastructure Deployment Act. The law establishes a process by which wireless providers may place certain "small wireless facilities" on, under, within, or adjacent to certain utility poles or wireless support structures within public rights-of-way that are under the jurisdiction and control of an "authority" (i.e., a county or municipality). Thus, the law provides that the City may not prohibit, regulate, or charge for the co-location of small wireless facilities or micro wireless facilities in the public rights-of-way, except as specified in Section 337.401, Florida Statutes.
DISCUSSION:
Because the City already had regulations pertaining to such facilities within its Land Development Code, there was an immediate need to evaluate these provisions in light of the new law. In order for the City to have the time necessary to implement any changes that may be required to ensure consistency with State and Federal regulations, the City Commission adopted a temporary moratorium in August 2017. The 150-day moratorium suspended all activities relating to process...
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