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2001-037
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2001-037
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Last modified
3/26/2019 12:12:36 PM
Creation date
9/30/2015 3:48:31 PM
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Ordinances
Ordinance Number
2001-037
Adopted Date
12/18/2001
Ordinance Type
Telecommunications
State Filed Date
12\26\2001
Entity Name
Wireless Telecommunications Towers
Subject
Moratorium on Applications
Archived Roll/Disk#
2744
Supplemental fields
SmeadsoftID
885
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ORDINANCE NO. 2001- 037 <br />WHEREAS, the consultants workshop could not be rescheduled until <br />November 13, 2001; and <br />WHEREAS, the consultant and County require additional time to <br />implement the wireless master planning contemplated by their contract; and <br />WHEREAS, this wireless master planning effort is a "... necessary and <br />bona fide effort to act carefully in a field with rapidly evolving technology" and ... the <br />circumstances call for study, deliberation and decision-making .... SSprint Spectrum. <br />L.P. v. City of Medina, 924 F. Supp. 1036, 1040 (W.D. Wash. 1996); and <br />WHEREAS, "by requiring action within a reasonable period of time, <br />Congress did not intend to create arbitrary time tables that force local authorities to <br />make hasty and ill-considered decisions". SNET Cellular. Inc. v. Angell, 99 F. Supp. <br />190, 198, (D.R.I. 2000). <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF <br />COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: <br />SECTION 1. PROHIBITION <br />Except as otherwise provided herein, the moratorium imposed by <br />Ordinance 2001-01 and extended by Ordinance 2001-017 is hereby extended an <br />additional three months and no applications for tower permits shall be accepted and <br />no Special Exception Permits or other permits shall be issued for commencement of <br />towers for three months from the effective date of this ordinance or until the adoption <br />of new and/or amended land development regulations applicable thereto, whichever <br />shall first occur. <br />SECTION 2. EXCEPTIONS <br />The prohibition set forth in Section 1 hereof shall not apply to: <br />Any complete application for a tower which was on file on the effective <br />date of Ordinance 2001-01 and which is subsequently determined by <br />the County Commission to meet all applicable requirements on the <br />Land Development Code; <br />2. Any tower which is determined by the County Commission to be <br />necessary to any governmental utilities or emergency communications <br />system; <br />3. Any existing tower replacement or repair; <br />4. Amateur radio antennas and towers; <br />
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