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HomeMy WebLinkAboutOrdinance 15283ORDINANCE NO. /~~ AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), CONCERNING THE PERMITTED USE AND HEIGHT OF TELECOMMUNICATION TOWERS AND STEALTH TELECOMMUNICATION TOWERS IN ALL ZONING DISTRICTS; AMENDING SECTION 5.135 OF CHAPTER 5, ARTICLE I, "TELECOMMUNICA.TION ANTENNA" TO PERMIT ANTENNAS IN ALL DISTRICTS UP TO 12 FEET ABOVE THE STRUCTURE; AMENDING SECTION 5.136 "TELECOMMUNICATIONS TOWER" TO ADD TECHNOLOGY, AND REGISTRATION SECTIONS, SETBACK, CONSTRUCTION, SCREENING AND FENCING REQUIREMENTS, PROHIBIT OUTDOOR STORAGE AND COMMERCIAL MESSAGES, AMENDING THE REQUIREMENTS FOR THE REMOVAL OF TELECOMMUNICATION TOWERS, STEALTH TELECOMMUNICATION TOWERS AND STRUCTURES; TO APPOINT THE SCENIC PRESERVATION AND DESIGN REVIEW COMMISSION TO REVIEW DESIGNS; TO AMEND SECTION 9.101, "DEFINED TERMS", TO ADD DEFINITIONS RELATING TO TELECOMMUNICATION TOWERS AND STEALTH TELECOMMUNICATION TOWERS; TO AMEND SECTION 4.603, THE RESIDENTIAL DISTRICT USE TABLE, TO PROHIBIT TELECOMMUNICATION TOWERS AS A RESIDENTIAL USE UNDER "PUBLIC AND CIVIC USES, UTILITIES" EXCEPT FOR STEALTH TELECOMMUNICATION TOWERS BY SPECIAL EXCEPTION FOR ALL COLUMN HEADINGS "A" THROUGH "MH"; TO AMEND SECTION 4.803, THE NONRESIDENTIAL DISTRICT USE TABLE TO REFLECT WHEN TELECOMMUNICATION TOWERS AND STEALTH TELECOMMUNICATIONS TOWERS ARE PERMITTED OR REQUIRE A SPECIAL EXCEPTION FOR ALL COLUMN HEADINGS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, due to the advanced technology of the telecommunications industry, it is advisable to encourage the use of Stealth Telecommunication Towers and co-location for any new antennas erected in the City; and WHEREAS, due to the desire of the City to minimize the visual impact of Telecommunication Towers on the community, it is advisable to amend Ordinance No. 13896 to include setback, construction, fencing and landscape requirements for Telecommunication Towers and Stealth Telecommunication Towers, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Chapter 9 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, Section 9 101, "Defined Terms," is hereby amended by replacing the current definition for `"Tower" with the definition for "Telecommunication Tower" to read as follows. "a facility, including self-supporting lattice towers, guy towers or monopole towers, but not including stealth 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", by adding a definition for "Co-location" which reads. "Placement of an antenna on an existing Telecommumcatron Tower, Stealth Telecommunication Tower, transmission tower, building, light or utility pole or water tower or other structure, where the antenna are located on the existing structure;" and by adding a definition for "Stealth Telecommunication Tower" which reads. "A telecommunication tower that is designed in such a way that the facility is not readily recognizable as telecommunications 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, and camouflaged wireless facilities that are constructed to blend into the surrounding environment." 2 SECTION 2 Chapter 4, Article 2, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 4.200, "Agricultural District ("AG"), is amended to prohibit Telecommunication Towers, and to allow Stealth Telecommunication Towers, to a maximum height of 75 feet by amending the table commentary m Subsection C, "Property Development Standards," as follows. Height: 3 1/2 stories or 45 feet maximum, provided, however, Stealth Telecommunication Towers are permitted to a height of 75 feet as a Special Exception approved by the Board of Adjustment. The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers. • Telecommunication Towers are not permitted. SECTION 3. Chapter 4, Article 2, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 4.201, "Community Facilities ("CF") District," is amended to allow Stealth Telecommunication Towers to a maximum height of 15 feet above the allowable chstrict height by amending the table commentary in Subsection C, "Property Development Standards," as follows. Height: Based on the most restrictive adjacent district. Stealth Telecommunication Towers are permitted to a height of 15 feet above the allowable height of the most restrictive adjacent district as a Special Exception approved by the Board of Adjustment. The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers. Telecommunication Towers are permtted to the allowable height of the most restrictive adjacent district as a Special Exception approved by the Board of Adjustment. 3 SECTION 4. Chapter 4, Article 9, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 4.901, "Neighborhood Commercial ("E") District," is amended to allow Stealth Telecommunication Towers to a maximum height of 60 feet by amending the table commentary in Subsection C, "Property Development Standards," as follows. Height: 3 stories or 45 feet maximum, provided, however, Stealth Telecommunication Towers are permitted to a height of 60 feet. The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers. Telecommunication Towers are permitted to a height of 45 feet as a Special Exception approved by the Board of Adjustment. SECTION 5. Chapter 4, Article 9 of Ordinance No. 13896, the zoning ordinance of the City of Fort Worth, Section 4.902, "Low Intensity Mixed-Use (`MU-1') District" is hereby amended to allow Stealth Telecommunication Towers to a maximum height of 75 feet by amending Subsection C, "Property Development Standards," as follows. Maximum Height: 45 feet or 3 stories, whichever is less, or 60 feet or 5 stories, whichever is less, if• 1) Residential uses constitute 20 percent or more of a building's gross floor area, and 2) Office, eating and entertainment, and/or retail sales and service use constitute 10 percent or more of the building's gross floor area. Stealth Telecommunication Towers are perrrutted to a height of 75 feet. The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers. Telecommunication Towers are permitted to a height of 60 feet as a Special Exception approved by the Board of Adjustment. 4 ~- SECTION 6. Chapter 4, Article 9, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 4.903, "General Commercial Restricted ("FR") District," is amended to allow Stealth Telecommunication Towers to a maximum height of 60 feet by amending the table commentary in Subsection C, "Property Development Standards," as follows. Height: 3 stories or 45 feet maximum, provided, however, Stealth Telecommunication Towers are perrtted to a height of 60 feet. The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers. Telecommunication Towers are permitted to a height of 45 feet as a Special Exception approved by the Board of Adjustment. SECTION 7. Chapter 4, Article 9, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 4.904, "General Commercial ("F") District," is amended to allow Stealth , Telecommunication Towers to a maximum height of 60 feet by amending the table commentary in Subsection C, "Property Development Standards," as follows. Height: 3 stories or 45 feet maximum, provided, however, Stealth Telecommunication Towers are permitted to a height of 60 feet. The Scenic Preservation and Design Review Commssion must approve the design of all Stealth Telecommunication Towers. Telecommunication Towers are permitted to a height of 45 feet as a Special Exception approved by the Board of Adjustment. SECTION 8. Chapter 4, Article 9, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 4 905 "Intensive Commercial ("G") Distnct," is amended to restrict Telecommunication Towers to a maximum height of 60 feet and Stealth Telecommunication 5 Towers to a maximum height of 75 feet by amending the table commentary in Subsection C, "Property Development Standards," as follows. Height: 12 stories or 120 feet maximum, provided, however, Stealth Telecommunication Towers are restricted to a height of 75 feet. The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers. Telecommunication Towers are restricted to a height of 60 feet. SECTION 9. Chapter 4, Article 10, of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, Section 41000, "Light indusmal ("I") District," is amended to permit Stealth Telecommunication Towers and Telecommunications Towers to a maximum height of 75 feet by amending the table commentary in Subsection C, "Property Development Standards," as follows. Height: 3 stories or 45 feet maximum, provided, however, Stealth Telecommunication Towers are permitted to a height of 75 feet. The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers. Telecommunication Towers are permitted to a height of 75 feet. SECTION 10. Chapter 4, Article 10 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, Section 4 1001, "High Intensity Mixed-Use (`MU-2') District" is hereby amended to permit Telecommunication Towers to a maximum height of 75 feet and Stealth Telecommunication Towers to a maximum height of 90 feet by amending Subsection C, "Property Development Standards," as follows. Maximum Height: 60 feet or 5 stories, whichever is less, or 120 feet or 10 stories, whichever is less, if• 1) Residential uses constitute 20 percent or more of a building's gross floor area, and 6 2) Office, eating and entertainment, and/or retail sales and service use constitute 10 percent or more of the building's gross floor area. Stealth Telecommunication Towers are permitted to a height of 90 feet. The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers. Telecommunication Towers are permitted to a height of 75 feet as a Special Exception approved by the Board of Adjustment. SECTION 11. Chapter 5, Article 1, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 5 135, "Telecommunications Antenna" is amended to amend Paragraph 1 to delete the requirement of a Special Exception in a scenic corridor and to add a new Paragraph 4 to require design review of surface mounted antenna to read as follows. 1 Antennas are permitted in all districts on existing commercial, institutional or industrial structures, including, but not limited to, enclosed 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. 4 The design of all antennas that are surface mounted on enclosed buildings, structures, and stealth towers must be approved by the Scenic Preservation and Design Review Commission. ' SECTION 12. Chapter 4, Article 6, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 4 603, "Residential District Use Table", "Public and Civic Uses", "Utilities", is hereby amended to prohibit Telecommunication Towers for the column headings "A-43" through "MH" Districts by deleting the use from the table, to permit Stealth Telecommunication Towers by Special Exception for the column headings, "A-43" through "MH" Districts, and to add a reference to 5 136 in the Supplemental Standards column. SECTION 13. Chapter 4, Article 6, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 4.803 "Nonresidential District Use Table", "Public and Civic Uses", "Utilities" is 7 hereby amended to allow Stealth Telecommunication Towers by Special Exception for the column headings "ER", "AG" and "CF" Districts, to allow Telecommunication Towers by Special Exception for the column heading "MLJ-2" District; to perrrut Stealth Telecommunication Towers for the column headings "E", "FR", "MLT-1", "F","G", "H", "I", "MIJ-2", "J", and "K" Districts, and to add a reference to 5 136 in the Supplemental Standards column. SECTION 14. Chapter 5, Article 1, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 5 136, "Telecommunications Tower" is amended in its entirety as follows. SECTION 5.136 TELECOMMUNICATION TOWER AND STEALTH TELECOMMUNICATION TOWER A. Telecommunication Towers in Scenic Areas, Historic and Cultural Landmarks Districts ("HC") Historic Significant Endangered ("HSE") and Conservation Districts ("CD"). No Telecommunication Tower shall be located in a scenic area or corridor, as designated by Section 6.403 Stealth Telecommunication Towers shall be perrrutted with a Special Exception approval in scenic areas or corridors, as designated by Section 6 403, upon approval of the design by the Scenic Preservation and Design Review Commission. No Telecommunication Towers shall be allowed within a Historic and Cultural Landmarks District ("HC"), Highly Significant Endangered ("HSE"), or Conservation District ("CD") overlay Stealth Telecommunication Towers shall be perrrutted m districts with a Historic and Cultural Landmarks ("HC"), Highly Significant Endangered ("HSE"), or Conservation District ("CD") overlay by Special Exception by the Board of Adjustment and design approval by the Scenic Preservation and Design Review Commission. Proposed Stealth Telecommunication Towers in districts with a "HC" and "HSE" overlay require a Certificate of Appropriateness from the Historic and Cultural Landmarks Commission. B Notice. At the time of submission of an application to construct a Telecommunication Tower or Stealth Telecommunication Tower, Applicant must provide proof that all other wireless telecommunication providers serving the City have been notified by certified mail, return receipt requested. Notification must be mailed to the providers within the sixty (60) days prior to the submission of the application. A list of the wireless telecommunication providers serving the City may be obtained from the Development Department. 8 C. Setback Requirements. Telecommunication Towers and Stealth Telecommunication Towers shall be constructed in accordance with the following setback requirements. 1 Telecommunication Towers shall be set back 500 feet from any Historic and Cultural Landmark ("HC") Highly Significant Endangered ("HSE"), and Conservation District overlay and scenic preservation areas or corridors, as designated by Section 6.403 2. Stealth Telecommunication Towers shall be set back in accordance with the development standards for the underlying district, except that all Stealth Telecommunication Towers shall be set back 200 feet from any One-Family, Two- Family or Multifamily District or use. 3 Telecommunication Towers shall be set back 250 feet from any Multifamily District or use. 4 Telecommunication Towers shall be set back 500 feet from any One-Family or Two- Family District or use. 5 No Telecommunication Tower or Stealth Telecommunication Tower shall be located within 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 "Tnnity River Corridor Mapping Data" prepared by the .North Central Texas Council of Governments. D. Telecommunication Tower, Stealth Telecommunication Tower, Antenna Design, and Appearance Requirements. No telecommunication towers shall be allowed in any residential district. Special Exception approval is required for all telecommunication towers in Low Intensity Mixed-Use ("MU-1") and High Intensity Mixed-Use ("MU-2") Special Exception approval is required for Stealth Telecommunication Towers in all residential districts (except Low Intensity Mixed-Use ("MU-1") and High Intensity Mixed-Use ("MU-2") Districts) The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers. 2. Special Exception approval is required for Stealth Telecommunication Towers in Neighborhood Commercial Restricted ("ER") Districts, Agricultural ("AG") Districts, Community Facilities ("CF") Districts, and those districts with Historic and Cultural Landmark ("HC") Highly Significant Endangered ("HSE"), or Conservation District overlays. The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers. 3 No design plan shall be approved by the Scenic Preservation and Design Review Commission until the Board of Adjustment approves the request for a Special Exception or a variance for an increase in the allowed Telecommunication Tower 9 or Stealth Telecommunication Tower height, or increase in height of an alternative structure. All design plans must be submitted by the Applicant at the time of application for a variance or Special Exception request and shall include the following: (a) A visual study, visualization, or simulation showing .the appearance of the proposed Telecommunication Tower, Stealth Telecommunication Tower, associated antennas and ancillary facilities, to scale and in the existing natural or built environment, from at least five points of public view The points shall be agreed upon between the Applicant and the Development Department to ensure that appropriate views are represented, (b) The general capacity of the proposed Telecommunication Tower or Stealth Telecommunication Tower in terms of the number and type of antennas it is designed to accommodate, (c) The applicant's current overall system plan for the City documenting telecommunication facilities presently constructed or approved, including a map that indicates the proposed provider's current coverage for the City and the area the requested site would cover; (d) A statement outlining the rationales for the particular location, design and height of the proposed Telecommunication Tower, Stealth Telecommunication Tower or antennas, (e) A landscape plan drawn to scale showing proposed and exisring fencing and landscaping, including type, spacing, size and irrigation methods, (f) A visual depiction or architect's rendering (drawn to scale) of the Telecommunication Tower or Stealth Telecommunication Tower; (g) A site plan, drawn to scale, indicating the location and height of the Telecommunication Tower or Stealth Telecommunication Tower (with associated ancillary facilities), as well as their proximity to (or distance from) buildings and to other structures on the same and adjacent properties to include a radius of 200 feet; (h) A signed agreement stating that the placement of the antennas is designed to allow future co-location of additional antennas if technologically feasible and that the Applicant will provide notice to the City of any provider that co-locates to the site; (i) Statement from the property owner granting authorization to construct a Telecommunication Tower or Stealth Telecommunication Tower on the property and affidavits dated within the sixty (60) days preceding the application date, in a form approved by the City and executed by a person with knowledge and authority to do so, which states that authorization to construct a Telecommunication Tower or Stealth Telecommunication Tower on other potential sites within ahalf--mile radius was denied, and (j) Summary results of studies or tests that document why existing sites will not provide sufficient signal coverage. All proposed Stealth Telecommunication Tower designs submitted to the Scenic Preservation and Design Review Commission must include color photographs in a radius of at least 200 feet that depict the surrounding area and structures. 10 4 Any changes, additions, deletions, or improvements to a Stealth Telecommunication Tower must be approved by the Scenic Preservation and Design Review Commission. E. Construction Requirements. 1 All Telecommunication Towers shall be of a monopole construction and the Scenic Preservation and Design Review Commission shall approve all Stealth Telecommunication Tower designs. 2. Neither Telecommunication Towers nor Stealth Telecommunication Towers shall 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 or Stealth Telecommunication Tower 3 No Telecommunication Tower shall be constructed within one-half mile-of any pre-existing Telecommunication Tower Telecommunication Tower separation shall be measured by following a straight line from the portion of the base of the proposed Telecommunication Tower that is closest to the base of any pre-existing Telecommunication Tower For the purpose of this paragraph, a Telecommunication Tower shall include any Telecommunication Tower that is already constructed, any Telecommunication Tower for which the city has issued a building permit, or for which an application for a Telecommunication Tower has been filed and not denied. Upon a request of a variance of the provisions of the subsection, the Board of Adjustment shall consider whether the Applicant can demonstrate the following: a. Communications technology precludes locating the proposed Telecommunication Tower on available sites more than one-half mile-from a pre-existing transmission Telecommunication Tower and still providing the approximate coverage the proposed Telecommunication Tower is intended to provide; b. Apre-existing Teleconununication Tower that is within one-half mile is not structurally capable of accommodating another provider and it not feasible to modify it to do so, and c. There are no other buildings, light or utility poles or water towers or other structures within one-half mile on which antennas may be located and still provide the approximate coverage the proposed Telecommunication Tower is intended to provide. 5 All new Telecommunication Towers and Stealth Telecommunication Towers must be constructed to support at least two separate antenna arrays. In addition, any new Telecommunication Tower or Stealth Telecommunication Tower must it 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. F. SCREENING, FENCING AND LANDSCAPING REQUIREMENTS 1 Telecommunication Towers: All Telecommunication Towers and support facilities must have the following: a. A six-foot solid screening fence that complements the architectural character of the surrounding neighborhood and that is constructed of wood, back, stone or reinforced concrete products per the specifications of Section 5.304, "Fences" of the zoning ordinance, and b. Suitable screening shrubs that complement the architectural character of the surrounding neighborhood shall be installed completely around the fence and be sufficient to screen from view the structures sought to be screened. 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 rrunimum 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. 2. Stealth Telecommunication Towers: All Stealth Telecommunication Tower support facilities must be screened from public view All screening designs msut be approved by the Scenic Preservation and Design Review Commission. G. OUTDOOR STORAGE. No outdoor storage of vehicles, materials, or equipments is permitted. Equipment not used m direct support of the facility shall not be stored or parked on the preiruses unless a technician is present. H. COMMERCIAL MESSAGES 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, Stealth Telecommunication Tower, or ancillary support facilities except for warning and safety signage. I. TELECOMMUNICATION TOWER /STEALTH TELECOMMUNICATION TOWER /ANTENNA REGISTRATION Before a building permit for a Telecommunication Tower or Stealth Telecommunication Tower structure may be issued, the owner must have on file with the Development Department a master list of all proposed, currently under construction, and existing Telecommunication Tower or Stealth Telecommunication Tower structures and antennas owned or controlled by the owner Such list must specify the name, address and 12 telephone number of the owner of record, the Telecommunication Tower or Stealth Telecommunication Tower locations by address and legal description, Telecommunication Tower or Stealth Telecommunication Tower height, the number of antenna arrays on the Telecommunication Tower or Stealth Telecommunication Tower, and the names, addresses, and telephone numbers of all other users of the Telecommunication Tower or Stealth Telecommunication Tower structures. J. REMOVAL OF TELECOMMUNICATION TOWER OR STEALTH TELECOMMUNICATION TOWER STRUCTURES. 1 Upon cessation for more than 180 days of the use of a Telecommunication Tower or Stealth Telecommunication Tower structure for the support of active communications antennas, the owner of record must notify the Development Department. Disconnection of electric service for more than 180 days at the Telecommunication Tower or Stealth Telecommunication Tower site shall be considered cessation of use. 2. All transmission Telecommunication Towers or Stealth Telecommunication Towers and 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 communication devices. 3 The person who constructed the facility, the person who operates the facility or owner of record must notify the Development Department of any change in the status of the Telecommunication Tower or Stealth Telecommunication Tower If the use of the antennas on the Telecommunication Tower or 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 Telecommunication Tower or Stealth Telecommunication Tower must be removed and the Telecommunication Tower or Stealth Telecommunication Tower site restored to its original condition to a depth of two feet, at the owner's expense. K. SCENIC PRESERVATION AND DESIGN REVIEW COMMISSION. 1 The Scenic Preservation and Design Review Comrrussion shall review and approve, modify, or reject all designs as required by this Ordinance. Any requests for variances or special exceptions must be granted by the Board of Adjustment prior to design review by the Commission. 2. The Commission 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. 3 Any person or entity aggrieved by the decision of the Scenic Preservation and Design Review Commission relating to the review of designs required under this Ordinance may appeal to the City Council by subrrutting a written appeal to the City Secretary within ten days after receipt of notification of the Comrnittee's 13 decision. The City Council shall schedule a hearing on such appeal within 30 days after receipt of the notice of appeal, or as soon thereafter as reasonably practicable. The City Council may uphold, reverse, or modify the Commission's decision. L. 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 perrrut application, to the extent that verification requires telecommunication expertise. SECTION 15. 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 16. 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, 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 17. 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 14 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 18. 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 19. 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. SECTION 20. All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain in full force and effect. SECTION 21. This ordinance shall take effect upon adoption and publication as required by law APPROVED AS TO FORM AND LEGALITY David Y ,City Attorne Assistant City A ey ADOPTED• I ~ ~~ "o EFFECTIVE. / O -_ (8 - U~ 15