File #: ORD 2018-012    Name: Communications Facilities
Type: Ordinance Status: Passed
File created: 5/1/2018 In control: City Commission
On agenda: 6/28/2018 Final action: 6/28/2018
Title: AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES, BY AMENDING CHAPTER 13, "LAND DEVELOPMENT CODE," ARTICLE III, "ZONING REGULATIONS," DIVISION 4, "ACCESSORY USES AND STRUCTURES," BY AMENDING ALL OF SUBDIVISION IX, "WIRELESS COMMUNICATIONS FACILITIES;" CHANGING THE SUBDIVISION TITLE TO "COMMUNICATIONS FACILITIES;" AND CHANGING ALL SECTIONS THEREIN 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)
Indexes: Chapter 13, Land Development Code, Ordinance, Telecommunications, Wireless Communication
Code sections: 13 - Land Development , Chapter 13 - Land Development Code
Attachments: 1. ORDINANCE 2018-012-Communications Facilities Regulations (revised), 2. BACKUP-Laws of Florida 2017-136, 3. MINUTES-Draft Excerpt 2018-0509 PZ Mtg
Related files: RES 2020-226, ORD 2018-009
AGENDA ITEM REPORT
TITLE:
title
AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES, BY AMENDING CHAPTER 13, "LAND DEVELOPMENT CODE," ARTICLE III, "ZONING REGULATIONS," DIVISION 4, "ACCESSORY USES AND STRUCTURES," BY AMENDING ALL OF SUBDIVISION IX, "WIRELESS COMMUNICATIONS FACILITIES;" CHANGING THE SUBDIVISION TITLE TO "COMMUNICATIONS FACILITIES;" AND CHANGING ALL SECTIONS THEREIN 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 May 10, 2018, City Commission Meeting and was tabled on Second Reading at the May 24, 2018, City Commission Meeting.
In July 2017, the State Legislature enacted the "Advance Wireless Infrastructure Deployment Act," which completely changed the regulation landscape of communications facilities located within the public rights-of-way. The City enacted a moratorium to allow for research and amendment to its previously existing regulations on the subject matter. In January 2018, the City Commission considered amendments to certain portions of Subdivision IX, "Wireless Communications Facilities," but issues were raised by industry representatives. These currently proposed regulations represent a complete re-write of the newly titled Subdivision IX, "Communications Facilities."
DISCUSSION:
The City has put considerable effort into re-writing the entire Subdivision to include both wireless and wireline communications facilities regulations, both inside and outside of the City's rights-of-way. The proposed amendments provide for regulations governing the subject matter to achieve consistency with the new state and federal laws.
Subsequent to First Reading of this Ordinance, representatives from the industry supplied comments to the City for further revisions. Based on the industry's comments, the City has done the following:
1. Re...

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