Subject: 21687/Moratorium/CellularTowers
Date: Fri, 25 Mar 1994 08:33:54 -0500


                              RESOLUTION NO. 21687
                
                
                 A RESOLUTION DECLARING A MORATORIUM ON CERTAIN
                 REZONINGS AND BUILDING PERMITS UNTIL SEPTEMBER
                 1, 1998, SO AS TO PERMIT THE ADMINISTRATIVE
                 STAFF AND THE CHATTANOOGA-HAMILTON COUNTY
                 REGIONAL PLANNING COMMISSION TIME TO PERFORM A
                 STUDY ABOUT THE NEED FOR ADDITIONAL REGULATION
                 OF CELLULAR TOWERS AND SIMILAR FACILITIES.
                
                
                                                    
                
                
       	    	 WHEREAS, this community has been confronted with a rapid
       proliferation of cellular towers, poles, and similar telecommuni- 

       cation facilities (hereinafter "cellular towers"); and
       	    	 WHEREAS, it appears that existing ordinances regulating
       cellular towers are inadequate to protect the public welfare; and
       	    	 WHEREAS, other governmental units within Hamilton County
       are also investigating the need for additional regulations,
       including, but not limited to, additional zoning regulations, to
       address the problems being caused by cellular towers and
       Chattanooga may want to coordinate its regulations with the
       regulations of other governmental entities; and
       	    	 WHEREAS, under the provisions of the Telecommunications
       Act of 1996 (Pub.L.No. 104-104, hereinafter "the Act"), no local
       statute or regulation may prohibit or have the effect of
       prohibiting the ability of any entity to provide any interstate 
or
       intrastate telecommunications service; and
       	    	 WHEREAS, the Act ratifies the authority of local
       government to regulate telecommunications services and carriers,
       but also limits local governments' authority in certain respects; 

       and
0C
       	    	 WHEREAS, the administrative staff of the City under the
       supervision of the Mayor have started to review the need for new
       regulatory provisions relating to cellular towers; and
       	    	 WHEREAS, following review by the administrative staff,
       it may be necessary to submit proposed new zoning regulations to
       the Chattanooga-Hamilton County Regional Planning Commission 
prior
       to consideration by the City Council, all of which will take 
time;
       and
       	    	 WHEREAS, the City Council has been advised that as of
       February 24, 1998, permits are pending for two (2) facilities, 
and
       the City executed a lease for a facility at Summit Landfill; and
       	    	 WHEREAS, the City desires to encourage co-use of
       existing cellular towers and does not desire to impede additional 

       use of existing facilities; and
       	    	 WHEREAS, the City should impose a moratorium on the
       issuance of any building permits or on the processing of any
       rezonings for telecommunication facilities, including but not
       limited to cellular telephone towers, poles or similar equipment
       or facilities, whether on public or private property, until
       September 4, 1998, to allow the Mayor and his staff sufficient
       time to study the need for additional regulations, and if
       recommendations are made to change the zoning laws, to allow
       consideration of same by the Chattanooga-Hamilton County Regional 

       Planning Commission.  This moratorium shall not apply to the two
       (2) permits which were previously filed and were being processed
       as of February 24, 1998, to the property at Summit Landfill 
leased
       by the City for a cellular tower, and it shall not apply to the
       addition of new equipment to existing towers; and
                                NOW, THEREFORE,
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, That there be and is hereby declared a
       moratorium on the issuance of any building permits or on the
       processing of any rezonings for telecommunication facilities,
       including but not limited to cellular telephone towers, poles or
       similar equipment or facilities, whether on public or private
       property, until September 4, 1998, so as to allow the Mayor and
       his staff sufficient time to study the need for additional
       regulations, and if recommendations are made to change the Zoning 

       Ordinance, to allow consideration of same by the
       Chattanooga-Hamilton County Regional Planning Commission.  This
       moratorium shall not apply to the two (2) permits which were
       previously filed and were being processed as of February 24, 
1998,
       to the property at Summit Landfill leased by the City for a
       cellular tower, and it shall not apply to the addition of new
       equipment to existing towers or poles; and
       	    	 BE IT FURTHER RESOLVED, That should the Mayor determine
       that he shall make no recommendation for further regulations of
       cellular towers, he shall report this fact back to the City
       Council within one hundred twenty (120) days, so that this 
Council
       may at that time reconsider the necessity of this moratorium.
      
       ADOPTED:	 February 24, 1998
      
       MAM:cjc