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HomeMy WebLinkAboutOrdinance 16995-06-2006ORDINANCE NO 16995-06-2006 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 SECTION 5.139 `UTILITY TRANSMISSION TOWER OR DISTRIBUTION LINE" OF CHAPTER 5, ARTICLE 1, `SUPPLEMENTAL USE STANDARDS" TO ADD REGULATIONS FOR NATURAL GAS COMPRESSOR STATIONS, TO AMEND SECTION 4.803, THE NONRESIDENTIAL DISTRICT USE TABLE UNDER `PUBLIC AND CIVIC USES, UTILITIES" TO INCLUDE NATURAL GAS COMPRESSOR STATIONS UNDER THE HEADING `ELECTRIC POWER SUBSTATIONS" AND TO ADD REFERENCES TO THE SUPPLEMENTAL STANDARDS, PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as of January 2006, 461 natural gas wells were pernutted wrthm the city lunrts of Fort Worth, and WHEREAS, natural gas must be collected and transferred to mayor gas transmission fines for sale; and WHEREAS, m order to build pressure to acceptable levels to transfer to the mayor gas transmssion Imes compressor boosters are required, and WHEREAS, compressor stations were adrmmstratively deemed sunilar to electric power substations and require a Certificate of Occupancy however there are no current standards or regulations, and WHEREAS, compressor stations create noise, fire safety access and aesthetic issues, and 1 WHEREAS, it is desirable to adopt regulations to regulate compressor stations iri order to address these concerns; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTI3, TEXAS SECTION 1 Chapter 5 Article 1 `Supplemental Use Standards, Standards for Selected Uses" of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, Section 5 139 "Utility Transmission Tower or Distribution Line" is hereby amended to add regulations for natural gas compressor stations to read as follows. Sec. 5 139 Utility transmission tower or distribution line; Natural Gas Compressor Stations. 1 Utility transmission tower or distribution line A. Location. Utility transmission towers and distribution lines and supporting structures owned andlor operated by the city county or public utility companies, which are necessary for the furnishing of utility services, are permitted m all districts. B Accessory uses. The following are permitted as accessory uses in all districts. 1 Communication antennas that are mounted on and supported by utility transmission towers, provided that no communication antenna shall extend more than 12 feet above the highest point of the tower' and 2. Auxiliary structures housing electronic communications equipment which is necessary for the operation of communication antennas established pursuant to paragraph 1 above. C Exemption from height requirements. District height requirements shall not apply to 1 Utility transmission towers and distribution lines and supporting structures; 2. Communication antennas established in compliance with B 1 above. 2 2. Natural Gas Compressor.Stations A. Compressor Stations 1 Shall be allowed by right in AG" Agricultural, `I" Light Industrial, `J" Medium Industrial and `K" Heavy Industrial Districts and in all by Special Exception. 2. All compressor station-equipment, at the issuance of the initial certificate of occupancy shall be set back a minimum of 300 feet from any residence, school, church, hospital, or occupied buildings. 3 The compressor site shall be enclosed by a six foot security fence. 4 The pre installation ambient noise level shall be established by the applicant and certified by the City Gas Inspector No compressor station shall operate in any manner as to create any exterior noise level to exceed dBA over the established ambient during daylight hours or 3 dBA over the established ambient during night tune hours as measured at the sensitive receiver's/receptor's property line or 100 feet from the protected uses, whichever is closer to the receiver/receptor 5 Each permit shall require that the ambient noise level be re- momtored and checked by the Gas Drilling Inspector 6 All facilities shall be inspected by the Fire Marshall for compliance with relative Fire Codes and the Gas Inspector prior to the issue of a Certificate of Occupancy by the Building Official 7 One, three inch caliper tree shall be planted every SO linear feet along the property lute abutting a public right of way 8. All equipment, other than condensation tanks and other non-mechanical support equipment, that faces and is located in or within 600' of residentially used property or visible from the public right-of--way shall be screened from public view by appropriate landscaping, berming, structure or wall constructed of metal, masonry or other structurally sound material as approved by the Director of Development that significantly screens the equipment and is painted in a non-contrasting soft earth tone color to match the nearby surroundings as nearly as possibly SECTION 2. Chapter 4 Article 8, of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, Section 4 803 "Nonresidential Distract Use Table" is hereby amended to add `~latural Gas Compressor Stations" under the column heading `Public and Civic Uses, Utilities" to add Natural Gas Compressors to the heading `Electric Power Substation" and to add a reference in the `Supplemental Standards" column to Section 5 139 SECTION 3. Chapter 4 Article 8, of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, Section 4 803 "Nonresidential Distract Use Table" is hereby amended to amend `Public and Civic Uses, Utilities" to replace the `P" symbol with the `SE" symbol under the columns MIJ 2 and MU 2G 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 pmvisions 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 4 phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent junsdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, 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 Ordinance No 13896 which have accrued at the tune ofthe effective date ofthis ordinance and, as to such accrued violations and all pending litigation, both civil and cnminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but maybe prosecuted until final disposition by the courts. SECTION 8. The Crty Secretary of the City of Fort Worth, Texas, ~s hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the 5 official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 9 This ordinance shall take effect upon adoption and publication as required by law APPROVED AS TO FORM AND LEGALITY ~ p~'c ~, Assistant ty Att/orney ADOPTED' (~/`~~D (,o EFFECTIVE LIXtsL. I 6