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ORDINANCE NO, 2001-01 WHEREAS, these design and installation methods need improvement in our ordinances; and WHEREAS, the County planning staff requires a reasonable time period to engage a consultant about the technical aspects of the telecommunications industry as they impact land use decisions so that the County Commission can properly plan for and implement an efficient and cost-effective wireless communications services network that meets national and local goals and legislative mandates; and WHEREAS, in view of the foregoing and the experienced shortcomings of existing ordinances, a situation exists which requires an immediate moratorium on commercial communication towers; and WHEREAS, this moratorium will be of temporary impact to real properties within the unincorporated area of the county and WHEREAS this moratorium is being enacted in good faith, without unjust discrimination, in reliance upon the decision of Sprint Spectrum. L.P. v. City of Medina, 924 F. Supp. 1036 (W.D. Wash. 1996) and is of the minimum feasible duration; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1, PROHIBITION Except as otherwise provided herein, no applications for tower permits shall be accepted and no Special Exception Permits or other permits shall be issued for commencement of towers for six months from the effective date of this ordinance or until the adoption of new and/or amended land development regulations applicable thereto, whichever shall first occur. SECTION 2, EXCEPTIONS The prohibition set forth in Section 1 hereof shall not apply to: 1. Any complete application for a tower which was on file on the effective date of this ordinance and which is subsequently determined by the County Commission to meet all applicable requirements on the Land Development Code; 2. Any tower which is determined by the County Commission to be necessary to any governmental utilities or emergency communications system; 3. Any existing tower replacement or repair; 4. Amateur radio antennas and towers; 5. Adding an antenna to an existing structure so that the height of the original structure is not increased by more than 10%; or 6. The replacement or reconfiguration of an existing utility pole only within the ten - mile ridge FPL easement for purposes of accommodating an antenna, provided that the height shall not exceed 130 feet.