HomeMy WebLinkAboutOrdinance No. 25-19961
ORDINANCE NO. 25-96
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY FLORIDA, IMPOSING A 180 DAY MORATORIUM ON
ISSUING NEW PERMITS FOR CELLULAR TELEPHONE OR SIMILAR
TYPE COMMUNICATION ANTENNAS IN THE CITY OF CAPE
CANAVERAL; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, this Council has determined that recent federal legislation related to the
communications industry has produced persistent current interest and is expected to produce new
interest in the future in the provision of cellular communication coverage in the City of Cape
Canaveral; and
WHEREAS, the current Zoning Code of the City of Cape Canaveral was adopted at a
time before cellular communication towers were anticipated and, therefore, appropriate siting and
development standards do not exist; and
WHEREAS, the uncontrolled siting of such communication towers could have significant
adverse effects and cause irreparable harm; and
WHEREAS, long delays and uncertainty of the permit process due to lack of clear siting
and development standards is an unreasonable limitation upon the communication companies
seeking to provide cellular service; and
WHEREAS, it is necessary for the City to act carefully in a field with rapidly evolving
technology and undertake a deliberative public process to establish policies, standards, and
procedures related to the siting of antenna towers to protect the public health, safety and welfare
of the citizens of Cape Canaveral, and to ensure competition among telecommunication providers.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
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City of Cape Canaveral
Ordinance No. 25 -96
Page 2
SECTION 1. That the above recitals are adopted as Findings of Fact which clearly
indicate that an emergency exists and thereby justify the imposition of a 180 day moratorium on
the siting of cellular telephone and similar type communication antennas or towers in the City of
Cape Canaveral.
SECTION 2. During the period of the City Council moratorium, the City will develop
appropriate siting criteria and limitations to govern future cellular telephone and similar type
communication antennas. These will, at a minimum, include potential number or density
limitations for such towers in all zoning districts and on public property. Also, during this
moratorium, the City will develop an appropriate permitting process for considering siting
requests. The City of Cape Canaveral Planning and Zoning Board will conduct at least one (1)
public hearing on the criteria or limitations and permitting process and make recommendations to
the City Council
SECTION 3. The tasks described in Section 2 will require approximately 180 days to
complete; therefore, this Ordinance shall expire on July 6, 1997.
SECTION 4. If any section, paragraph, phrase, or word of this Ordinance is held to be
unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall
be construed to have been a legislative intent to pass this Ordinance without such unconstitutional
or invalid part.
SECTION 5. Because it is found and declared that a public emergency exists justifying
the immediate effectiveness of this Ordinance, this Ordinance shall take effect and be in full force
immediately upon its passage.
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City of Cape Canaveral
Ordinance No. 25 -96
Page 3
ADOPTED BY the City of Cape Canaveral, Florida this 4th day of February, 1997.
an a O. Sims CITY CLERK
Kohn Bennett, CIT ATTORNEY
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ohn K. ' orter, MAYOR
Motion / Bruns Second: Petsos
FOR - - -AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
John Porter
Rocky Randels
X
ABSENT
X
X
X
First Reading: 1/14/97
Posted: 1/3/97
Publish: 1/3/97
Second Reading: 2/4/97
Publish: 1/24/97