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WHEREAS, dtizens of the City have expressed significant concerns <br />regarding the location of wireless communication facilities within the City which <br />are related to the aesthetic effects on neighboring properties, safety and <br />property values; and <br /> <br /> WHEREAS, protection and facilitation of the planning process, the public <br />interest and rights of pdvate land owners in the City would be served by a <br />temporary three-month moratorium on issuance of wireless communication <br />tower permits in order to develop regulations consistent with the 1996 <br />Telecommunications Act. <br /> <br /> WHEREAS, this Ordinance is hereby declared to be an emergency <br />measure to protect the public health, safety and welfare of the City to develop <br />appropriate regulations consistent with federal law; <br /> <br /> NOW, THEREFORE, BE TI' ORDA[NED BY THE COUNC~ OF THE CTrY OF <br />LAKE'WOOD, OHIO, THAT: <br /> <br /> Section 1: Moratorium. For a period of three months from the effective <br />date of this Ordinance, the City shall not approve any applications for permits for <br />wireless communication towers or related facilities in the City of Lakewood and <br />the filing of an application for such a permit during the moratorium period shall <br />not confer upon the applicant any dght to a nonconforming use. <br /> <br /> Section 2: Conflict. Whenever the provisions of this Ordinance conflict <br />with any other ordinance or provision of the Codified Ordinances of the City of <br />Lakewood, the provisions of this Ordinance shall control. <br /> <br /> Section 3: It is found that all formal actions of this Council concerning <br />and relating to the passage of this ordinance were adopted in an open meeting <br />of this Coundl, and that all such deliberations of this Council and any of its <br />committees that resulted in such formal, action were in meetings open to the <br />public, in compliance with the law. <br /> <br /> Section 4: This Ordinance is hereby declared to be an emergency <br />measure necessary for the immediate preservation of the public health, safety <br />and welfare of the residents of the Qty of Lakewood, Ohio, and for the further <br />reason to impose a temporary moratorium for protection of the orderly <br />development of the City to plan for the allocation of scarce areas appropriate for <br />wireless tower construction, and to protect the public interest and dghts of <br />private property owners. <br /> <br />President of Coundi <br /> <br />Approved: <br /> <br /> <br />