Loading...
HomeMy WebLinkAbout2001-0173/01 ORD(LEGAL)WGC/nhm ORDINANCE NO. 2001 017 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA EXTENDING FOR AN ADDITIONAL SIX MONTHS A 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. 2001-01 on January 2, 2001 declaring a 6 -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; and WHEREAS, since that time the County has researched other local government wireless master planning efforts; has prepared a detailed scope of services identifying necessary tasks for preparing a wireless master plan and revising county land development regulations; has issued a request for consultant proposals; has evaluated and ranked proposals, and interviewed the top four ranked firms; has negotiated and entered into a contract with the top ranked firm; and WHEREAS, the moratorium imposed by Ordinance 2001-01 will expire July 11, 2001; and WHEREAS, the consultant and County require additional time to implement the wireless master planning contemplated by their contract; and WHEREAS, this wireless master planning effort is a "... necessary and bona fide effort to act carefully in a field with rapidly evolving technology" and "... the 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. ORDINANCE NO. 2001- 017 SECTION 3. CONFLICTS 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 4. EFFECTIVE DATE This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Vero Beach Press -Journal on the 22nd day of June, 2001, for a public hearing to be held on the 3rd day of July, 2001, at which time it was moved for adoption by Commissioner Macht , seconded by Commissioner Adams , and adopted by the following vote: The application of any Indian River County ordinance in conflict Caroline D. Ginn herewith is hereby suspended during the time period set forth in Section 1 to the Vice Chairman Ruth M. Stanbridge extent of such conflict. Aye Commissioner Fran B. Adams 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 4. EFFECTIVE DATE This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Vero Beach Press -Journal on the 22nd day of June, 2001, for a public hearing to be held on the 3rd day of July, 2001, at which time it was moved for adoption by Commissioner Macht , seconded by Commissioner Adams , and adopted by the following vote: The Chairman thereupon declared the ordinance duly passed and adopted BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By: cc 1. 494LW2 Caroline D. Ginn, Ctagirman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY Cwt WILLIAM G. COLLINS II r DEPUTY COUNTY ATTORNEY ACKNOWLEDGMENT by the Department of State of the State of Florida, this day of July, 2001. Aye Chairman Caroline D. Ginn Aye Vice Chairman Ruth M. Stanbridge Aye Commissioner Fran B. Adams Kenneth R. Macht Commissioner Aye The Chairman thereupon declared the ordinance duly passed and adopted BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By: cc 1. 494LW2 Caroline D. Ginn, Ctagirman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY Cwt WILLIAM G. COLLINS II r DEPUTY COUNTY ATTORNEY ACKNOWLEDGMENT by the Department of State of the State of Florida, this day of July, 2001.