0736 Telecommunications TowersORDINANCE NO. 736
AN EMERGENCY ORDINANCE OF THE CITY OF OKEECHOBEE,
FLORIDA, CREATING A MORATORIUM, AND SUSPENDING THE
OPERATION OF SECTIONS 201,202,203, AND SECTIONS 213 THROUGH
223 OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
OKEECHOBEE, FLORIDA TO THE EXTENT INCONSISTENT WITH THE
STATED GOALS HEREIN, TO -WIT: SUSPENDING THE AUTHORITY OF
THE CITY TO ACCEPT APPLICATION FOR SITING AND ERECTION OF
TELECOMMUNICATIONS TOWERS WITHIN THE CITY OF
OKEECHOBEE; PROVIDING FOR SEVERABILITY; SETTING FORTH
FINDINGS OF FACT; PROVIDING FOR TIME PERIODS FOR EFFECT OF
THIS ORDINANCE; PROVIDING FOR SUNSET PROVISIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS the Telecommunications Act of 1996 (The "Act and the FCC provides
Federal guidelines pertaining to, among other things, the approval and siting of
telecommunications towers within local jurisdictions; and
WHEREAS the Act provides for certain prohibitions, including prohibiting the
enactment of ordinances totally banning of such towers within a local jurisdiction, and
places restrictions on local ordinances that unfairly affect such applications; and
WHEREAS applications are pending within the City of Okeechobee, with additional
applications expected, to permit cellular telephone towers within sites in the City, and such
application is made under section 400 of the Land Development Regulations (LDR's),
which cites as a permitted use in industrial zoned categories "Radio, television, or cable
reception, transmission, or operational facilities and
WHEREAS the City of Okeechobee enacted its land development regulations
(LDR's) on October 6, 1998, but through oversight, did not designate telephone or cellular
telephone communications towers as a permitted use, or special exception use within any
zoning or land use category in the City of Okeechobee; and
WHEREAS the City of Okeechobee, Florida has not to date otherwise enacted an
ordinance which governs the placement or erection of telecommunications towers in the
City; and
WHEREAS such telecommunications towers, by their nature of size and height,
distance requirements between towers, and aesthetic considerations, will have a significant
impact on the make -up and appearance of the local community when erected; and
WHEREAS such towers also pose a substantial risk of injury and property damage
to surrounding landowners in the even of structural failure or during windstorms or
hurricanes common to this area of Florida; and
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WHEREAS the City of Okeechobee, Florida possesses the legitimate municipal
interest and authority under Chapter 166, Florida Statutes, to regulate planning and
development, and land use designations within its boundaries, including the application,
siting, plan review, and erection of telecommunications towers within its boundaries; and
WHEREAS were the City to allow the approval and placement of telephone and
cellular telephone towers within the City of Okeechobee at the present time without the
necessary ordinances and land use categories adopted to regulate such activity, the
interests of the City and its population would be severely jeopardized and substantially
injured by future applicants that would consider an earlier approval as precedent to
support their application, resulting in haphazard and incongruous land planning, and
placement of such towers in different and incompatible land use categories in the City,
with resulting injury to adjacent landowners who have no protection under current
ordinances and land use regulations on the subject; and
WHEREAS the nature of the present applications, and likelihood of similar
applications in the near future, together with the cumbersome approval process for the
enactment of ordinances and amendments to land development regulations will reasonably
result in the placement of telephone and cellular telephone towers in the City prior to the
time such regulations can be in place, unless the City enacts this ordinance in an
emergency fashion; and
WHEREAS Chapter 163, Florida Statutes permits emergency amendment to the
comprehensive plan where there exists a threat which may result in substantial injury or
harm to the population; and Chapter 166 Florida Statutes permits emergency enactment
of ordinances without compliance with section 166.041(3)(a), so long as the ordinance to
be adopted does not amend zoning map designations, or change the actual list of
permitted, conditional, or prohibited uses within a zoning category; and
WHEREAS the City determines that an emergency does exist requiring emergency
passage of this ordinance; that such ordinance is not designed or intended to prohibit
telecommunications towers within the City; that such ordinance does not amend any
zoning map designations; that such ordinance does not change the actual list of permitted,
conditional or prohibited uses within a zoning category, as the current LDR's have omitted
the designation of telephone and cellular telephone towers as a permitted use within any
land use category; and
WHEREAS due to the emergency as set forth herein it is necessary to suspend
authority for the City building department to accept, process or approve any permit for the
siting and erection of telephone and cellular telephone towers, and in effect, cause a
moratorium until such time as the City, planning board, planning consultants and staff can
recommend to the City council an ordinance regulating the placement of such towers in the
City; and
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WHEREAS it is imperative to enact such regulations as expeditiously as possible
to minimize any economic effect or inconvenience to any entity or citizen desiring to place
a telecommunications tower within the City of Okeechobee; and
WHEREAS it is the intent of the City of Okeechobee that this moratorium and effect
of this ordinance be in place for a minimal period of time, with a sunset provision for its
repeal;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA:
THIS EMERGENCY ORDINANCE INTRODUCED AND ADOPTED this
November 1999.
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ATTEST`:
Section 1. THAT those sections of the land development regulations, City of
Okeechobee, Florida, namely sections 201, 202, 203, and sections 213 through 223
that set out the procedure and authorization of the building department to accept,
review and issue permits within the City are hereby suspended, such suspension
being limited to applications for telephone or cellular telephone telecommunications
towers within the boundaries of the City of Okeechobee.
Section 2. THAT this suspension of the cited ordinance shall be applicable to any
application for siting and erection of a telephone or cellular telephone
telecommunications tower, by any person or entity, subsequent to the effective date
of this ordinance, until such time as this ordinance is repealed, as provided herein.
Section 3. THAT this ordinance shall become effective immediately upon first
reading and approval by at least a two- thirds majority vote of the City council.
Section 4. THAT upon final adoption of an ordinance by the City of Okeechobee
that regulates the siting and erection of telephone and cellular telephone towers
within the City, this ordinance and suspension of accepting, processing and
approving such permits, shall thereupon be repealed without further action by the
City council.
Bonnie S. Thomas, CMC
City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
Ste. Z
(p'
John R. Cook, City Attorney
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James E'Kirk, Mayor