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1996-22
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Last modified
3/26/2019 10:32:55 AM
Creation date
9/30/2015 3:55:56 PM
Metadata
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Ordinances
Ordinance Number
1996-22
Adopted Date
11/05/1996
Ordinance Type
Telecommunications
State Filed Date
11\13\1996
Entity Name
Wireless Telecommunications Towers
Commercial Radio Towers Moratorium
Subject
Moratorium of Six Months for Wireless Telecommunications Towers
Archived Roll/Disk#
2744
Supplemental fields
SmeadsoftID
1036
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I <br />" WHEREAS, these design and installation methods are not yet reflected in <br />our ordinances; and <br />WHEREAS, processing applications for towers at the present time, without <br />the information to determine the need for or the best locations for such <br />towers, and without time to design such towers to allow for co -location or <br />nearby siting of additional facilities, may result in the inability to allow <br />adequate sites for competing providers, and in beneficial services not being <br />provided; and <br />WHEREAS, the County planning staff requires a reasonable time period to <br />research and learn about the technical aspects of the telecommunications <br />industry as they impact land use decisions so that the County Commission can <br />properly plan for and implement an efficient and cost-effective wireless <br />communications services network that meets national local goals and <br />legislative mandates, and <br />WHEREAS, in view of the foregoing and the anticipated proliferation of <br />towers in the immediate future as evidenced by recent applications, a <br />situation exists which requires an immediate moratorium on commercial radio <br />towers; and <br />WHEREAS, this moratorium will be of temporary impact to real properties <br />within the unincorporated area of the county, and <br />WHEREAS, this moratorium is being enacted in good faith, without unjust <br />discrimination, in reliance upon the decision of Sprint Spectrum, L.P. v. <br />City of Medina, 924 F. Supp. 1036 (W.D. Wash. 1966) and is of the minimum <br />feasible duration; <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, that: <br />SECTION 1. PROHIBITION <br />Except as otherwise provided herein no application for tower permits <br />shall be accepted and no Special Exception Permits or other permits shall be <br />issued for commencement of towers for six months from the effective date of <br />this ordinance or until the adoption of new and/or amended land development <br />regulations applicable thereto, whichever shall first occur. <br />SECTION 2. EXCEPTIONS <br />The prohibition set forth in Section 1 hereof shall not apply to: <br />A. Any complete application for a tower which was on file on the effective <br />date of this ordinance and which is subsequently determined by the <br />County Commission to meet all applicable requirements of the Land <br />Development Code; <br />B. Any tower which is determined by the County Commission to be necessary <br />to any governmental utilities or emergency communications system; <br />Co Any existing tower replacement or repair; <br />
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