HomeMy WebLinkAboutOrd 1580 - initiating a review of ordinances / zoning
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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
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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.
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PASSEDANDAPPROVEDon/~_'4r ~, 1998.
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Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Si
Teresa W. Fogler, Mayor
Attest:
(Seal)
~~~-
ay ynn Holloway, ty Secretary
Jim Dougherty, City Attorney
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