HomeMy WebLinkAbout2001-0011 /00(ord/moratorium)Ck
ORDINANCE NO, 2001-01
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA DECLARING
A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS FOR WIRELESS TELECOMMUNICATIONS 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, 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, Indian River County adopted Ordinance No. 97-16 on May 6, 1997;
implementing regulations regarding location and criteria for commercial communication towers;
and
WHEREAS, since that time technological innovation has been explosive, and experience
has revealed deficiencies in County regulations; and
WHEREAS, good land planning and concern for the quality of life in our County dictate
that tall structures not be place 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 modification 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
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.
SECTION 3, CONFLICTS
ORDINANCE NO. 2001-01
The application of any Indian River
County
ordinance in conflict herewith
is hereby
suspended during the time period set forth in Section
1 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 advertised in the Vero Beach Press Journal on the 15th day of
December, 2000, for a public hearing to be held on the 2nd day of January, 2001, at which time
it was moved for adoption by Commissioner Stanbridge, seconded by Commissioner Adams,
and adopted by the following vote:
Chairman Caroline D. Ginn Aye
I.Vice-Chairman Ruth Stanbridge Aye
.='Commissioner' Kenneth R. Macht Aye
Commissioner John W. Tippin Aye
k Commissioner Fran & Adams Aye
The,=Chair'man• thereupon .declared the ordinance duly passed and adopted this 2nd day
of January,200.1.
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BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attesf f. K: Barton, Clef11 M
By
Caroline D. d inn
geputy Clerk` . Chairman
^� T 5;a.
r f r t i�P ✓, I, f!
ACKNOWLEDGMENT by the Department of State of the State of Florida, this day of
January, 2001.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY k6z::1
IIIIIIIIIP
WILLIAM G. COLLINS 11
DEPUTY COUNTY ATTORNEY