2001-017 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. 2001- 017 circumstances call for study, deliberation and decision-making ...". Sprint Spectrum, L.P. v. City of Medina, 924 F. Supp. 1036, 1040 (W.D. Wash. 1996); and WHEREAS, "by requiring action within a reasonable period of time, Congress did not intend to create arbitrary time tables that force local authorities to make hasty and ill-considered decisions". SNET Cellular, Inc. v. Angell, 99 F. Supp. 190, 198, (D.R.I. 2000). 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, the moratorium imposed by Ordinance 2001-01 is hereby extended an additional six months and 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 1. Any complete application for a tower which was on file on the effective date of Ordinance 2001-01 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. The forth in Section 1 hereof to: prohibition set shall not apply 1. Any complete application for a tower which was on file on the effective date of Ordinance 2001-01 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.