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1 /00(ord/moratorium)Ck <br />ORDINANCE NO, 2001-01 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA DECLARING <br />A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF <br />APPLICATIONS FOR WIRELESS TELECOMMUNICATIONS TOWERS <br />AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE <br />CONSTRUCTION OF WIRELESS TELECOMMUNICATIONS <br />TOWERS; PROVIDING FOR EXCEPTIONS; SETTING FORTH <br />EXPIRATION AND EFFECTIVE DATES. <br />WHEREAS, pursuant to Section 1(f), Article VIII, of the Florida Constitution and Chapter <br />125, Florida Statutes, Indian River County is authorized and required to protect the public <br />health, safety, and welfare and may exercise any power for a governmental purpose except <br />when expressly prohibited by law, and, pursuant to this authority and Section 163.3202, Florida <br />Statutes, Indian River County has enacted land development regulations, consistent with its <br />adopted Comprehensive Plan, which protect the quality of life in Indian River County; and <br />WHEREAS, Indian River County adopted Ordinance No. 97-16 on May 6, 1997; <br />implementing regulations regarding location and criteria for commercial communication towers; <br />and <br />WHEREAS, since that time technological innovation has been explosive, and experience <br />has revealed deficiencies in County regulations; and <br />WHEREAS, good land planning and concern for the quality of life in our County dictate <br />that tall structures not be place haphazardly or allowed in a greater number than need be; and <br />WHEREAS, the Telecommunications Act of 1996 makes it clear that, as long as local <br />zoning requirements satisfy certain conditions, the authority of local governments over the <br />placement, construction, and modification of wireless telecommunications towers ("towers") is <br />neither limited nor affected; and <br />WHEREAS, the County has only a limited number of potential sites which would be <br />acceptable for the installation of towers; and <br />WHEREAS, the County is cognizant of the need for modern communications and for <br />effective competition in the field and also desires that the County residents receive adequate <br />wireless telecommunications services, provided that the facilities are designed and located to <br />minimize safety and aesthetic concerns; and <br />WHEREAS, information received from the industry and from other governmental <br />agencies that have studied current technology establishes that towers can be designed and <br />installed in ways that will minimize safety and aesthetic concerns; and <br />