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HomeMy WebLinkAboutOrd 1580 - initiating a review of ordinances / zoning .j> ORDINANCE NO. 1580 AN ORDINANCE INITIATING A REVIEW OF ORDINANCES AND REGULATIONS APPLICABLE TO TOWERS; REFERRING THE MATTER TO THE ZONING & PLANNING COMMISSION; PROVIDING FOR A TEMPORARY LIMITATION ON CERTAIN PERMITS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, the City regulates towers under the zoning ordinance as well as other ordinances and regulations; and WHEREAS, since the major revision of the zoning ordinance in 1987, an explosive expansion of wireless communication services has greatly increased the demand for towers and tower sites in the vicinity of the City; and WHEREAS, the City Council believes it is necessary to re-examine the zoning ordinance and other applicable ordinances and regulations in light of such changed circumstances; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council hereby initiates a review of the zoning ordinance and other ordinances and regulations applicable to towers. The City Council formally refers this matter to the Zoning & Planning Commission and respectfully requests that the Z&PC report back to the City Council as soon as reasonably practicable. The Council requests that the report include changes to ordinances and regulations, if any, recommended by the Z&PC. Section 2. Pending the outcome of this proceeding, a limitation upon construction or enlargement of towers shall be in effect. The term "tower" includes poles and other structures supporting, or serving the same purpose as, a tower, but does not include ordinary wooden utility poles of the same sort used routinely in the City. No permit shall be issued for any new or enlarged tower ,.c-_---=-O;.- '=y=~ ,....===p===>--===''""F'fl'f , ,I l,,111I f'-,---------------------c----'- - -- .--.----=.-.-"':rf".-~.T~""."-'..-r---- '" until the earlier of the following: (i) the 95th day following the date of adoption of this ordinance or (ii) the effective date of the ordinances or regulations, if any, recommended by the Z&PC under Section 1 and thereafter adopted by the City Council. Any person desiring the issuance of a tower permit sooner than the expiration of this limitation may apply, in writing, to the City Council. The application should describe the proposed tower and its location (in detail), state why a permit is needed and explain any significant reasons why a permit should be issued sooner than the expiration of this limitation. Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 4. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 5. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 6. The public importance of this measure and the requirements of the law create an emergency and an urgent public necessity requiring that this Ordinance be passed and take effect as an emergency measure, and a state of emergency is hereby declared. This Ordinance is accordingly passed as an emergency measure and shall take effect immediately upon adoption and signature as required by the City Charter. \0 PASSEDANDAPPROVEDon/~_'4r ~, 1998. / Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Si Teresa W. Fogler, Mayor Attest: (Seal) ~~~- ay ynn Holloway, ty Secretary Jim Dougherty, City Attorney b37\54otower -_._.---'--"-~;m~,",C7.""".".'_.--