HomeMy WebLinkAboutOrdinance 20158-04-2012ORDINANCE NO. 20158 -04 -2012
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896,
AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE
OF THE CITY OF FORT WORTH, BY AMENDING ARTICLE 1
"STANDARDS FOR SELECTED USES ", OF CHAPTER 5,
"SUPPLEMENTAL USE STANDARDS" TO AMEND SECTIONS
5.136 "TELECOMMUNICATIONS ANTENNA" AND 5.137
"TELECOMMUNICATION TOWER AND STEALTH
TELECOMMUNICATION TOWER" IN THEIR ENTIRETY TO
REORGANIZE THE SECTIONS AND REVISE APPLICATION
REQUIREMENTS, DESIGN REVIEW RESPONSIBILITY, AND
ALLOW ADMINSTRATIVE APPROVALS; TO AMEND SECTION
2.102 "URBAN DESIGN COMMISION" TO REVISE THE DUTIES
OF THE URBAN DESIGN COMMISSION; AND TO AMEND
CHAPTER 9, "DEFINITIONS" TO REVISE DEFITIONS
RELATED TO TELECOMMUNICATIONS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Comprehensive Plan set forth policies and goals toward the
protection of the residential character of Fort Worth's residential neighborhoods and the
promotion of urban design which is compatible with Fort Worth's unique character and in
context with surrounding development; and
WHEREAS, given the increasing use of telecommunications facilities in society
today, the City expects to receive applications for permits for such facilities in increasing
number, some of which facilities are significantly larger than most similarly situated
existing installations; and
WHEREAS, the City does not intend that this ordinance prohibits or has the
effect of prohibiting telecommunications service; rather, the City seeks to limit
development of telecommunications facilities in and around residential neighborhoods to
the fullest extent allowed by law; and
WHEREAS, the City recognizes its responsibilities under the Federal
Telecommunications Act of 1996, and believes that it is exercising its regulatory
authority pursuant to the fullest extent under the current state of the law in ensuring that
irreversible development activity does not occur that would hann the public health, safety, or
welfare; and
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SECTION 1.
Article 1 "Standards for Selected Uses ", Chapter 5 "Supplemental Use Standards"
of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is hereby
amended to amend Section 5.136 "Telecommunications Antenna" and 5.137
"Telecommunication Tower and Stealth Telecommunication Tower" in its entirety to
read as follows:
5.136 Telecommunications Antenna
Telecommunications antennas shall be permitted in any zoning district after an
administrative review and administrative approval in accordance with the standards
set forth below:
1. Antennas are permitted in all districts on existing commercial, institutional or
industrial structures, including, but not limited to, buildings, existing towers,
signs, light poles, flag poles, water towers, and/or utility structures, provided,
however, that antennas may not extend more than 12 feet above the structure.
2. If placed on the facade of a structure, the antenna shall be of panel construction,
and of a color that is identical to, or closely compatible with, the color of the
supporting structure so as to make the antenna and related equipment as visually
unobtrusive as possible.
3. Existing antennas on Stealth and Telecommunication Towers may be upgraded
as required by changes in technology. Variances to height allowances must be
approved by the Board of Adjustment.
5.137 Telecommunications Tower and Stealth Telecommunication Tower
A. Telecommunication Towers:
Where Allowed
a. Allowed by right in G, I, J, K
b. Allowed by Special Exception in ER, E, MU -1, MU -1G, FR, F, MU -2,
MU -2G, AG, CF, NS -T4, NS -T5, TU
C. Not allowed in residential zoning districts, historic overlay districts, or
conservation overlay districts, H, PD, or in scenic areas or corridors as
designated in 6.402
2. Setback Requirements
a. 500 feet from historic district (HC, HSE) conservation district (CD), or
scenic area or corridor as designated in 6.402
b. 500 feet from any one - family district or two - family district or 250 feet
if the one- family or two - family use is located in any other zoning district
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c. 250 feet from any multi - family district or use
d. 200 feet from the shoreline of the Trinity River or the West Fork, Clear Fork,
Marine Creek, Mary's Creek or Sycamore Creek per the map established by the
"Trinity River Corridor Mapping Data" prepared by the North Central Texas
Council of Governments.
e. No Telecommunication Tower or Stealth Telecommunication Tower shall be
located within 200 feet from the shoreline of Lake Arlington, Lake Benbrook,
Lake Worth, Eagle Mountain Lake, or Marine Creek Lake.
3. A letter of authorization signed by the property owner granting the agent /applicant
the authority to represent the property owner if the applicant is required to seek a
grant of approval from the Board of Adjustment or any other board or commission.
4. Construction Requirements
a. All Telecommunication Towers shall be of monopole construction.
b. Telecommunication Towers shall not be illuminated by artificial means or
shall display strobe lights or other warning lighting unless required by the
Federal Aviation Administration or any other Federal, State or City law, rule or
regulation. Any lighting shall be shielded or directed so as not to project directly
onto property zoned residential or any residential use. When incorporated into
the approved design, light fixtures used to illuminate ball fields, parking lots, or
other similar areas may be attached to a Telecommunication Tower.
c. All new Telecommunication Towers must be constructed to support at least
two separate antenna arrays. In addition, any new Telecommunication Tower
must be able to support at least one additional antenna for every fifteen feet (or
fraction thereof) above sixty (60) feet in height and provide the ground space for
any equipment necessary for the operation of additional antenna.
5. Screening, Fencing, and Landscaping Requirements
All Telecommunications Towers and support facilities shall have the following:
a. A six -foot solid screening fence constructed of wood, brick, stone, or
reinforced concrete products per the specifications of Section 5.304,
"Fences" of the zoning ordinance; or
b. Screening shrubs shall be installed around a fence and screen from view the
associated structures. All screening shrubs shall be a minimum of three feet
in height at planting, have the potential to grow to a mature height of a
minimum of six feet in three years and must have a permanently installed
irrigation system that provides total water coverage to all plant materials. The
vegetation shall be kept in an attractive state and in good condition at all
times.
6. Outdoor Storage
No outdoor storage of vehicles, materials, or equipment is permitted. Equipment not
used in direct support of the facility shall not be stored or parked on the premises
unless a technician is present.
7. Commercial message prohibited
No signs, including commercial advertising, logos, political signs, flyers, flags, or
banners, graphics or other attention devices shall be allowed on any part of the
Telecommunication Tower or ancillary support facilities except for x�,,arning and
safcty sit-Iuace.
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8. Removal
a. Upon cessation for more than 180 days of the use of a Telecommunication
Tower structure for the support of active communications antennas, the owner of
record must notify the Planning and Development Department. Disconnection of
electric service for more than 180 days at the Telecommunications Tower site
shall be considered cessation of use.
b. All transmission Telecommunications Towers or antennas shall be removed by
the person who constructed the facility, by the person who operates the facility or
by the property owner within one year from the time the facilities have ceased
being used to transmit, receive or relay voice and data signals to or from wireless
communications devices.
c. The person who constructed the facility, the person who operates the facility or
owner of record must notify the Planning and Development Department of any
change in the status of the Telecommunication Tower. If the use of the antennas
on the Telecommunication Tower has not been restored within the one year
period from the time the facilities have ceased being used to transmit, receive or
relay voice and data signals to or from wireless communication devices, the
Telecommunication Tower must be removed and the Telecommunication Tower
site restored to its original condition to a depth of two feet, at the owners
expense.
9. Fees
Notwithstanding any other provision of this ordinance, the City may require, as part
of any application fees for a telecommunication facility, an amount sufficient to
recover all of the City's costs in retaining consultants to verify statements made in
conjunction with the permit application, to the extent that verification requires
telecommunication expertise.
B. Stealth Telecommunication Towers
Where Allowed
a. Allowed by right in E, MU -1, MU -1G, FR, F, MU -2, MU -2G, NS -T4, NS-
T5, TU, CB, TUP, G, H, I, J, K
b. Allowed by Special Exception in residential districts, ER, AG, CF, in scenic
corridors or areas as designated in 6.402, historic overlay districts (HC,
HSE) and conservation overlay districts (CD)
2. Setback Requirements
a. Stealth Telecommunication Towers shall be setback two (2) feet for
each foot in height from a one - family, two - family or multifamily district
or use unless located in such a district and permitted by special exception.
b. In all other zoning districts, the standard setback shall apply; however,
additional setbacks may be required as described in this section.
c. 200 feet from the shoreline of the Trinity River or the West Fork, Clear Fork,
Marine Creek, Mary's Creek or Sycamore Creek per the map established by the
"Trinity River Corridor Mapping Data" prepared by the North Central Texas
Council of Governments.
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d. 200 feet from the shoreline of Lake Arlington, Lake Benbrook, Lake Worth,
Eagle Mountain Lake, or Marine Creek Lake.
3. Administrative Approval of Stealth Telecommunication Towers
A monopole flag, athletic light pole, parking or street light pole, or other monopole
design with internal antenna for a Stealth Telecommunication Tower design may be
approved administratively by the Planning and Development Director, or his /her
designee, subject to the following:
a. Conforms to the definition of a stealth tower;
b. Has a monotone color of light gray or off - white;
c. Displays a light fixture of 175 Watts or less, if applicable;
d. Displays an American, State, or corporate logo flag without copy (must meet
proper flag etiquette), if applicable;
e. Being appropriately located to functionally serve the use(s) of the site;
f. Screening the support equipment with a six (6) foot masonry wall consistent
with the site design materials or architecture, or screening with a black or green
rubberized chain -link fence surrounded with three (3) foot high hedge on all sides
exclusive of entry gate; and
g Being no more than sixty (60) feet in height unless the tower is providing space
for an additional antenna, allowing up to an additional fifteen (15) feet of height,
with a maximum of seventy -five (75) feet.
4. Design and Appearance Requirements
a. Any design plan not eligible for administrative approval in accordance with
section 5.137.13.3 may apply to the Board of Adjustment for a special exception.
In granting the special exception, the Board shall consider the overall design of
the stealth telecommunication tower, including the scale, placement on the site,
materials, form, and color.
b. A design plan must be submitted by the applicant at the time of application.
c. The design plan must include:
i. Visual study, visualization, or simulation showing the appearance of the
proposed Stealth Telecommunication Tower and ancillary facilities, to scale
and in the existing natural or built environment from at least two (2) points
of public view.
ii. General capacity of the proposed tower, in terms of the number and types
of antennas it is designed to accommodate.
iii. Current overall system plan for the City, documenting
telecommunication facilities presently constructed or approved, including a
map indicating the proposed provider's current coverage for the City and
the area the requested site would cover.
iv. Statement outlining the rationales for the particular location, design, and
height of the Stealth Telecommunication Tower.
v. Landscape plan drawn to scale showing the proposed and existing
fencing and landscaping, including type, spacing, size, and irrigation
methods.
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vi. Visual depiction or architect's rendering (drawn to scale) of the Stealth
Telecommunications Tower.
vii. Site plan (drawn to scale)indicating the location and height of the
Stealth Telecommunication Tower, with ancillary facilities, as well as their
proximity to buildings and to other structures on adjacent properties to
include a radius of 200 feet.
5. Construction Requirements
a. Stealth Telecommunication Towers shall not be illuminated by artificial means
or shall display strobe lights or other warning lighting unless required by the
Federal Aviation Administration or any other Federal, State or City law, rule or
regulation. Any lighting shall be shielded or directed so as not to project directly
onto property zoned residential or any residential use. When incorporated into
the approved design, light fixtures used to illuminate ball fields, parking lots, or
other similar areas may be attached to a Telecommunication Tower.
b. Any new Stealth Telecommunication Tower must be able to support at least
one additional antenna for every fifteen feet (or fraction thereof) above sixty (60)
feet in height and provide the ground space for any equipment necessary for the
operation of additional antenna.
6. Screening, Fencing, and Landscaping Requirements
All Stealth Telecommunication Towers and all support facilities shall have the
following:
a. A six -foot solid screening fence constructed of wood, brick, stone, or
reinforced concrete products per the specifications of Section 5.304, "Fences" of
the zoning ordinance; or
b. Screening shrubs shall be installed around a fence and screen from view the
associated structures. All screening shrubs shall be a minimum of three feet in
height at planting, have the potential to grow to a mature height of a minimum of
six feet in three years and must have a permanently installed irrigation system
that provides total water coverage to all plant materials. The vegetation shall be
kept in an attractive state and in good condition at all times.
7. Outdoor Storage
No outdoor storage of vehicles, materials, or equipment is permitted. Equipment not
used in direct support of the facility shall not be stored or parked on the premises
unless a technician is present.
8. Commercial message prohibited
No signs, including commercial advertising, logos, political signs, flyers, flags, or
banners, graphics or other attention devices shall be allowed on any part of the
Telecommunication Tower or ancillary support facilities except for warning and
safety signage.
9. Removal
a. Upon cessation for more than 180 days of the use of a Stealth
Telecommunication Tower structure for the support of active communications
antennas, the owner of record must notify the Planning and Development
Department. Disconnection of electric service for more than 180 days at the Stealth
Telecommunications Tower site shall be considered cessation of use.
b. All transmission Stealth Telecommunications Towers or antennas shall be
removed by the person who constructed the tacility, by the person who operates the
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facility or by the property owner within one year from the time the facilities have
ceased being used to transmit, receive or relay voice and data signals to or from
wireless communications devices.
c. The person who constructed the facility, the person who operates the facility or
owner of record must notify the Planning and Development Department of any
change in the status of the Stealth Telecommunication Tower. If the use of the
antennas on the Stealth Telecommunication Tower has not been restored within the
one year period from the time the facilities have ceased being used to transmit,
receive or relay voice and data signals to or from wireless communication devices,
the Stealth Telecommunication Tower must be removed and the Stealth
Telecommunication Tower site restored to its original condition to a depth of two
feet, at the owners expense.
10. Fees
Notwithstanding any other provision of this ordinance, the City may require, as part
of any application fees for a telecommunication facility, an amount sufficient to
recover all of the City's costs in retaining consultants to verify statements made in
conjunction with the permit application, to the extent that verification requires
telecommunication expertise.
11. Board of Adjustment
a. Except for stealth telecommunications towers built under Section 5.137.13.3,
the Board of Adjustment shall review proposed designs considering the
materials, colors, textures, screening and landscaping designs of the
equipment structure and any other permitted structures to determine the
visibility, aesthetic impact, and compatibility to the surrounding natural or
built environments.
b. An applicant aggrieved by the decision of the Board of Adjustment relating
to the review of designs required under this Section may appeal to the
Appeals Board by submitting a written appeal to the City Secretary within
ten days after receipt of notification of the Committee's decision. The
Appeals Board shall schedule a hearing on such appeal within 30 days after
the receipt of the notice of appeal, or as soon thereafter as reasonably
practicable. The Appeals Board may uphold, reverse, or modify the Board
of Adjustment's decision
SECTION 2.
Chapter 2, Section 2.102 "Urban Design Commission ", Subsection E "Powers
and Duties ", of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, is
amended to delete the power and duty of reviewing proposed designs for stealth
telecommunication towers and all antennas and renumber the remaining duties, to read as
follows:
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E. Powers and duties.
1 Nomination and designation of design districts.
a. The urban design commission (UDC) may nominate design districts.
Nomination by the UDC shall be in the form of a resolution requesting
that the planning and development department submit the nomination to
the zoning commission for consideration. The UDC shall not consider a
nomination for a design district until standards and guidelines have been
submitted for review.
b. Applications and the procedure for designation of an design district
shall follow the procedures outlined in Chapter 3, Article 5, "Text or Map
Amendment," except that written notice shall be provided as outlined in F.
below. No design district shall be approved by the city council as a design
district without a recommendation from the UDC on the proposed
guidelines for the district.
c. Upon designation of an area as a design district by the city council, the
designation indicating the boundaries of the district shall be adopted as an
exhibit to the Zoning Ordinance. Design districts are overlay zoning
districts or base districts which the UDC or a district - specific body
appointed by the City Council, has design review authority, as described
in Section E.- 2.
2. Design standards and guidelines and certificate of appropriateness: In
order to enhance the character of the districts, encourage economic
development and protect property values, the UDC or the district - specific
body shall:
a. Review and recommend to the city council the approval or modification
of proposed design standards and guidelines for designated design; and
b. Review and approve, modify, or reject an application for a certificate of
appropriateness for new construction and renovations for compliance with
the adopted design standards and /or guidelines for designated design
districts.
3. Design standards and guidelines directed by city council: In order to
protect and enhance the character of the design districts, encourage
economic development and protect property values, the UDC shall review
and approve, modify, or reject design standards for other applications as
directed by the city council.
SECTION 3.
Chapter 9, "Definitions" of Ordinance No. 13896, the zoning ordinance of the
City of Fort Worth, is hereby amended to revise the definitions related to
telecommunications to read as follows:
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Antenna. Any exterior apparatus designed for telephonic, radio, or television communications
through the sending and/or receiving of electromagnetic waves, excluding satellite dish antennas
and antennas accessory to residential uses. Antennas ancillary to residential uses shall mean
television antennas and amateur radio equipment not used for commercial purposes, including
ham radio and CB equipment.
Stealth telecommunication tower. A facility that is designed in such a way that the facility is not
readily recognizable as telecommunication tower or telecommunication _ equipment. Stealth
facilities may include, but are not limited to, totally enclosed antennas; wireless facilities that
replicate, duplicate or simulate the construction of common structures such as flagpoles,
monopoles with totally enclosed antennas or light poles and that serve as a function of the use(s)
of the site; and camouflaged wireless facilities that are constructed to blend into the surrounding
environment.
Telecommunication tower. A facility, including self - supporting lattice towers, guy towers or
monopole towers, but not including stealth telecommunication towers, designed to support one or
more antennas and to contain ancillary facilities designed and used for the purpose of
transmitting, receiving, and relaying voice, data and other similar signals to or from various
wireless communication devices. For purposes of this definition, amateur radio transmission
facilities not used for commercial purposes and facilities used exclusively for the transmission of
television and radio signals are not "telecommunication towers."
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 5.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
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paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 6.
Any person, firm, or corporation, who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each
offense. Each day that a violation exists shall constitute a separate offense.
SECTION 7.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of Ordinances No. 3011, 13896 and any other
ordinances affecting zoning which have accrued at the time of the effective date of this
ordinance, and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 8.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption, penalty clause and effective date of this ordinance for two (2) days in the
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013,
Texas Local Government Code.
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SECTION 9.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein
amended shall remain in full force and effect.
SECTION 10.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO F AND LEGALITY:
R
By.
Assistant City Attorney
ADOPTED: April 3, 2012
EFFECTIVE: 17A
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