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2008M38-Moratorium-Antennas/Towers ORDINANCE NO. 08-M-38 A ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS DECLARING A ONE HUNDRED TWENTY DAY MORATORIUM ON THE ISSUANCE OF PERMITS FOR CERTAIN TELECOMMUNICATION ANTENNAS AND TOWERS, PROHIBITING THE PLANNING AND ZONING COMMISSION FROM CONSIDERING OR MAKING RECOMMENDATIONS REGARDING APPLICATIONS FOR SUCH TELECOMMUNICATIONS PERMITS FOR A PERIOD OF ONE HUNDRED TWENTY DAYS, AND DECLARING AN EMERGENCY WHEREAS, the City of Schertz, Texas (the "City") has established standards and regulations for telecommunication antennas and towers located within the City in Article XVIII Unified Development Code; WHEREAS, in connection with the amendment of the Unified Development Code, the City Council of the City desires one hundred twenty days to research and determine the best policy for the City regarding the future use of certain telecommunication antennas and towers within the City; WHEREAS, it is recommended that the City place a moratorium on issuing certain permits for telecommunication antennas and towers for a period of one hundred twenty days; and WHEREAS, it is recommended that the Planning and Zoning Commission be barred from considering applications for permits for such telecommunication antennas and towers for a period of one hundred twenty days. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1 Subject to Sections 2 and 3, for a period of one hundred twenty days after the date of adoption of this Ordinance, no permits for telecommunication antennas and towers shall be issued by the City. For a period of one hundred twenty days after the date of adoption of this Ordinance, the Planning and Zoning Commission shall not consider and shall make no recommendations to the City Council regarding applications for such telecommunication antennas and towers permits. Section 2 The provisions of this Ordinance shall not apply to antennas and towers which are an integral part of a property owner's building for use in the business activities of the property owner, such as an antenna installed on and owned by a hotel by the hotel owner for the convenience of hotel employees and guests. Section 3 The provisions of Article XVIII of the Unified Development Code do not apply to telecommunication antennas and towers owned by the City. As a result, the moratorium established by this Ordinance shall not apply to such telecommunication antennas and towers owned by the City. 7-22 Ordn 08-M-38.doc -1- Section 4 All ordinances, resolutions, or parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed. Section 5 By vote of not less than two-thirds of the members of the City Council present at the meeting at which this Ordinance was first considered, the City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a single reading and shall be effective upon the date hereof and any publication required by law. PASSED, APPROVED, AND ADOPTED on first and fina July, 2008. ATTEST: ~~~C~f'N\\'l!J City Secretary, City of Schertz (SEAL OF CITY) 7-22 Ordn 08-M-38.doc -2-