City of Gainesville - File #: 170353.

• File #: 170353.
• Version: 1
• Type: Ordinance
• Status: Adopted
• File created: 8/30/2017
• In control: City Attorney
• On agenda: 9/21/2017
• Final action: 10/5/2017
• Title: SECOND EXTENSION OF MORATORIUM ON CONSTRUCTION OF WIRELESS COMMUNICATION FACILITIES IN PUBLIC RIGHTS-OF-WAY (B) Ordinance No. 170353 An ordinance of the City of Gainesville, Florida, readopting and ratifying, in part, Ordinance No. 160401 and Ordinance No. 160798, and extending the time period of the temporary moratorium to prohibit the filing, acceptance or processing of any permit, development order, or any other official action of the City having the effect of permitting or allowing the placement of above-ground wireless communication facilities in the public rights-of-way within the city limits; providing a severability clause; providing repealing clauses; and providing an effective date.

Date	Ver.	Action By	Action	Result
10/5/2017	1	City Commission	Adopted on Final Reading (Ordinance)	Pass
9/21/2017	1	City Commission	Adopted on First Reading (Ordinance)	Pass

title
SECOND EXTENSION OF MORATORIUM ON CONSTRUCTION OF WIRELESS COMMUNICATION FACILITIES IN PUBLIC RIGHTS-OF-WAY (B)

Ordinance No. 170353
An ordinance of the City of Gainesville, Florida, readopting and ratifying, in part, Ordinance No. 160401 and Ordinance No. 160798, and extending the time period of the temporary moratorium to prohibit the filing, acceptance or processing of any permit, development order, or any other official action of the City having the effect of permitting or allowing the placement of above-ground wireless communication facilities in the public rights-of-way within the city limits; providing a severability clause; providing repealing clauses; and providing an effective date.

recommendation
The City Commission adopt the proposed ordinance.

explanation
Ordinance No. 160401 was adopted by the City Commission on October 20, 2016, imposing a temporary moratorium on construction of wireless communication facilities in the public right-of-way until April 7, 2017. In January 2017, the Florida legislature began considering legislation that would preempt, limit, or provide additional direction to local governments regarding regulation of wireless communication facilities in the public rights-of-way. The proposed legislation was subject to numerous amendments and City staff deemed it ineffective to draft any ordinance until any new legislation was passed. Accordingly, Ordinance No. 160798 was adopted to extend the moratorium until October 7, 2017. The final version of the Advanced Wireless Infrastructure Deployment Act ("Act") was signed by the Governor on June 23, 2017, with an effective date of July 1, 2017. City staff began preparing ordinances that would be consistent with the new Act and would provide for the public health, safety and welfare of the citizens of Gainesville. To that end, the first ordinance, an amendment to Article VI, Section 23 of the City Code, was adopted by the City Commission on September 7, 2017. That ordinan...