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.
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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)
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