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HomeMy WebLinkAbout1996-22. �'� 11/7/95(or_a\tower>ovx ORDINANCE N0. 96- 22 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELE- COMMUNICATIONS TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATIONS TOWERS; PROVIDING FOR EXCEPTIONS] SETTING FORTH EXPIRATION AND EFFECTIVE DATES. WHEREAS, pursuant to Section 1(f), Article VIII, of the Florida Constitution and Chapter 125, Florida Statutes, Indian River County is authorized and required to protect the public health, safety, and welfare and may exercise any power for a governmental purpose except when expressly prohibited by law; and WHEREAS, pursuant to this authority and Section 163.3202, Florida Statutes, Indian River County has enacted land development regulations consistent with its adopted Comprehensive Plan which protect the quality of life in Indian River County, and WHEREAS, according to recent information provided by the news media, the number of cellular antennas in the country could grow by more than six times, from 18,000 to 115,000, by the end of the decade; and WHEREAS, good land planning and concern for the quality of life in our County dictate that such a massive number of tall structures not be placed haphazardly or allowed in a greater number than need be, and WHEREAS, the Telecommunications Act of 1996 makes it clear that, as long as local zoning requirements satisfy certain conditions, the authority of local governments over the placement, construction, and modifications of wireless telecommunications towers ("towers") is neither limited nor affected, and WHEREAS, the County has only a limited number of potential sites which would be acceptable for the installation of towers; and WHEREAS, the County is cognizant of the need for modern communications and for effective competition in the field and also desires that the County residents receive adequate wireless telecommunications services, provided that the facilities are designed and located to minimize safety and aesthetic concerns; and WHEREAS, information received from the industry and from other governmental agencies that have studied current technology establishes that towers can be designed and installed in ways that will minimize safety and aesthetic concerns, and I " WHEREAS, these design and installation methods are not yet reflected in our ordinances; and WHEREAS, processing applications for towers at the present time, without the information to determine the need for or the best locations for such towers, and without time to design such towers to allow for co -location or nearby siting of additional facilities, may result in the inability to allow adequate sites for competing providers, and in beneficial services not being provided; and WHEREAS, the County planning staff requires a reasonable time period to research and learn 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 local goals and legislative mandates, and WHEREAS, in view of the foregoing and the anticipated proliferation of towers in the immediate future as evidenced by recent applications, a situation exists which requires an immediate moratorium on commercial radio 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. 1966) 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 application 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: A. 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 of the Land Development Code; B. Any tower which is determined by the County Commission to be necessary to any governmental utilities or emergency communications system; Co Any existing tower replacement or repair; D. Amateur radio antennas and towers, E. Adding an antenna to an existing structure so that the height of the original structure is not increased by more than 10%; or F. 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. SECTION 3. CONFLICTION All ordinances or parts of ordinances in conflict herewith are hereby temporarily repealed to the extent of such conflict. SECTION 4. SEVERABILITY If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. EFFECTIVE DATE This ordinance shall take effect upon filing with the Florida Secretary of State. The ordinance was moved for adoption by Commissioner Eggert and the motion was seconded by Commissioner Macht , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the ordinance duly passed and adopted this 5. day,. of November . 1996. ' IF y IF IFIF Attest.:` L IFF :IF VL p v61 k Jeffrev Barton, ClE YeIF t BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By /13 oe::o� Fran B. Adams Chairman ACKNOWLEDGMENT by the Department of State of the State of Florida, day of t\)yem h 19969 indlan River Ca Aaproved Date Admin. L.eqalIF a� wept.