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Boa 99 FacE 581 <br />ORDINANCE NO. 96-22 <br />WHEREAS, good land planning and concern for the quality of life in our <br />County dictate that such a massive number of tall structures not be placed <br />haphazardly or allowed in a greater number than need be; and <br />WHEREAS, the Telecommunications Act of 1996 makes it clear that, as long <br />as local zoning requirements satisfy certain conditions, the authority of <br />local governments over the placement, construction_, and modifications of <br />wireless telecommunications towers ("towers") is neither limited nor <br />affected; and <br />WHEREAS, the County has only a limited number of potential sites which <br />would be acceptable for the installation of towers; and <br />WHEREAS, the County is cognizant of the need for modern communications <br />and for effective competition in the field and also desires that the County <br />residents receive adequate wireless telecommunications services, provided <br />that the facilities are designed and located to minimize safety and aesthetic <br />concerns; and <br />WHEREAS, information received from the industry and from other <br />governmental agencies that have studied current technology establishes that <br />towers can be designed and installed in ways that will minimize safety and <br />aesthetic concerns; and <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 />64 <br />November 5, 1996 <br />