HomeMy WebLinkAboutOrdinance 15284~, f{ -~
'~~
ORDINANCE NO. ~-'
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 2.102 "SCENIC
PRESERVATION COMMISSION" OF CHAPTER 2, "REVIEW BODIES",
TO PROVIDE REVIEW OF STEALTH COMMUNICATION TOWERS,
SURFACE MOUNTED .ANTENNAS AND PROJECTS FOR DESIGN
OVERLAY DISTRICTS; TO ADD AN APPEAL PROCESS; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the revised cellular telecommunications ordinance, Ordinance Number
15283 was adopted by the City Council of Fort Worth on October 8, 2002,
WHEREAS, the revised ordinance requires that a design review committee be created to
review the proposed designs for stealth communication towers and surface mounted antennas,
WHEREAS, the establishment of design overlay districts will create the need to provide
input, recommendations on design guidelines for other proposed overlay design zonings, and to
review designs for compliance with design guidelines as adopted by the City Council,
WHEREAS, the City Council adopted Ordinance No 12088 on August 15, 1995,
~'' ~' establishing the Scenic Preservation Commission to review and designate areas of the City as
scenic, cultural, architectural or historic areas and to address off-premises signs in those
designated areas,
WHEREAS, the Scenic Preservation Commission currently consists of two members of
the Historic and Cultural Landmarks Commission and three at-large members appointed by the
City Council,
WHEREAS, the current Scenic Preservation Commission is the appropriate commission
to evaluate, review and approve such designs,
WHEREAS, it is advisable to increase the membership of the Commission to nine
regular members and two at-large members.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1. _
Chapter 2 of Orchnance No. 13896, the zoning ordinance of the City of Fort Worth,
"Review Bodies", Section 2.102 "Scenic Preservation Commission" is re-titled to "Scenic
Preservation and Design Review Commission" and is amended as follows.
A. ~reat~nn anc3 ann~intme_nt.
There is hereby created a Scenic Preservation. and Design Review Commission for the purpose
of•
1 Recommendations to the Zoning Commission regarding the designation of areas
of the city as scenic, cultural, architectural, or historic areas,
2. The review and approval of stealth communication towers as well as antennas that
are surface mounted on enclosed buildings and structures,
3 The review and approval of projects in design overlay districts for compliance
with design guidelines, except those districts where a separate design review board is
established by City Council, and
4 The review and approval of design standards for other projects as directed by the
City Council.
$ MPmhPrs.
The Scenic Preservation and Design Review Commission shall consist of rime qualified
electors of the City The City Council will consider for appointment to the Commission as
members only those persons who have demonstrated their civic interest, general knowledge of
the community, independent judgment, and availability to prepare for and attend meetings.
Wherever possible, five of the nine appointees should be practicing professionals from the fields
of architecture, landscape architecture, urban planning, real estate, or law In addition to the nine
voting members, two at-large members shall be appointed to serve on the Commission, but shall
not have voting privileges. The two at-large members shall consist of a person with up-to-date
telecommunications technology expemse and a design professional such as an architect or urban
planner The members of the Commission shall regularly attend meetings and public hearings of
2
the Commission and shall serve without compensation, except for reimbursement for authorized
expenses attendant to the performance of their duties
C, TP.rmS of nffice_
Place numbers one through eleven shall identify the eleven members of the Scenic
Preservation and Design Review Commission, with places ten and eleven assigned to the non-
voting, at-large members. The odd-numbered places shall expire on October 1 of each odd-
numbered~ year and the even-numbered places shall expire October 1 of each even-numbered
year Members may be appointed to succeed themselves. Vacancies shall be filled for unexpired
terms but no member shall be appointed for a term in excess of two years.
D ~imru~n.
Six voting members of the Scenic Preservation and Design Review Commission shall constitute
a quorum. A motion to approve any matter before the Commssion shall require the affirmative
vote of five voting members of the Commssion.
$, Pnwers and T~uties,
1 4cenics ilt~ nral, architectural nr histnnc areas-
a, T~esignatinn.
The Scenic Preservation and Design Review Comirussion on its own motion may
initiate applications to consider designating any area within the city as a scenic,
cultural, architectural, or historic area. In addition, applications may be initiated
by the City Council, the Zoning Commission, the Plan Commission or the
Historic and Cultural Landmarks Commission, or upon the application of the
owner of any property to be so designated.
Designation of property as a scenic, cultural, architectural, or historic area shall be
an overlay designation. The Scenic Preservation and Design Review Commission
shall make a recommendation to the Zoning Commission either in favor of or
against designating all or any part of the subject area as a scenic, cultural, or
architectural, and to the Historic and Cultural Landmarks Commission if the
recommendation is either in favor of or against designating all or any part of the
subject area as a historic area.
b, C'ntPna fur dectgnatinn of ccPnjL., cultural~,architectural, nr histnric areas_
An area must satisfy one or more of the following criteria in order to be
designated as a scenic, cultural, architectural or historic district or corridor (see
section 6 403)•
3
1 Chazaater of Fort Worth. Distinctive m chazacter, interest or value as part of
the development, heritage or cultural chazacteristics of the City of Fort Worth,
State of Texas or the United States.
2. Architectural significance: Group of buildings, which are examples of a
significant architectural style/design or innovation or have been identified as the
work of an important azchitect.
3 Historic event or person. The site of a significant historic event or is
identified with a person or persons who significantly contributed to the culture
and.development of the area.
4 Chazacter of neighborhood. Represents a resource, whether natural or man-
made, which greatly contributes to the character or image of a defined
neighborhood or community area.
5 Designated historical azea. An azea that is designated as a local historic and
cultural landmarks district, conservation district, recorded Texas historic
landmark or state azcheological landmazk or is listed in the National Register of
Historic Places.
6. Views and vistas. Dramatic views, horizon fines, urban scenes, and vistas.
7 Gateways is a pnmazy gateway to the city
8. Connecting routes. Routes that connect scenic azeas even though the route
itself is of mazginal value.
9 Parks City, state or federal parks and recreation areas or other areas that are
maintained by the city pazks and community services department.
10 Natural features. represents an example of a natural feature including:
a. Streams, lakes and. wetlands,
b. Unusual geological formations,
c. Recreational areas and floodplains,
d. Outstanding areas of natural vegetation.
2. Stealth Telecnmmnni~atinn Tower and antenna decig~s,
The Scenic Preservation and Design Review Commission shall review and
approve, modify, or reject proposed designs for stealth telecommunication towers
and all antennas that aze surface mounted on stealth telecommunication towers,
structures, and enclosed buildings considering the matenals, 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 Design nverlav distnrtc_
In order to protect and enhance the chazacter of the districts, encourage economic
development and protect property values, the Scenic Preservation and Design
Review Commission shall.
4
a. Review and approve, modify, or reject proposed design guidelines for
those distracts that do not have a City Council approved design review
board, and
b Review and approve, modify, or reject new construction and renovations
for compliance with the adopted design guidelines for those districts that
do not have a City Council approved design review board.
4 T)PSign standards directed h~s'ity C'_nt~nci1,
In order to protect and enhance the character of the districts, encourage economic
development and protect property values, the Scenic Preservation and Design
Review Commission shall review and approve, modify, or reject design standards
for other applications as directed by the City Council.
F Nnt,ce
Wratten notice of any application before the Scenic Preservation and Design
Review Commission for the designation of any area as a scenic cultural,
architectural or historic area shall be given at least ten days prior to any meeting to
the owner or owners of the property within such area to be so designated, as such
ownership appears on the last approved City Tax Roll. Such notice maybe served
by depositing the same, properly addressed and postage paid, in the United States
mail. The same notice and hearang requirements as for changes in zoning shall be
followed by the Zoning Commssion and the City Council at all hearings to
designate any area as a scenic, cultural, architectural or historic area. (See
Chapter 3, article 5)
2. Stealth TPlecnmmnmcatinn Tnwer and antenna designs
Written notice of all public hearings before the Scenic Preservation and Design
Review Commission shall be sent to the owners of real property lying within 300
feet of the proposed site. Such notice shall be given not less than ten days before
the date set for the hearang to all such owners, as the ownership appears on the last
approved City Tax Roll. Such notice may be served by depositing the same,
properly addressed and postage paid, in the United States mail. Notice of the
public heanng before the Commssion shall also be given by publication one time
in a paper of general circulation in the municipality at least 15 days before the
time of the hearing and sent to all neighborhoods registered with the Development
Department that include property within 300 feet of the proposed site.
3 Design nverlav distracts
Written notice shall be given at least ten days praor to any meeting to the owner or
owners of the property within the overlay district, as such ownership appears on
5
the last approved ad valorem tax roll. Such notice may be served by depositing
the same, properly addressed and postage paid, m the United States mail.
G Apgeal
Any aggrieved person or entity may appeal any decision of the Scenic Preservation and
Design Review Commission, other than the designation of an area as scenic, cultural,
architectural, or histonc (which is a recommendation to the Zoning Commission) to the
City Council. A written notice of appeal must be filed with the City Secretary within ten
days after receipt of notification of the Commission's decision. The City Council shall
schedule a heanng 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.
SECTION 2.
Except as expressly amended, all provisions of the Ordinance No. 13896, as amended,
shall remain in full force and effect.
SECTION 3.
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 4.
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.
6
SECTION 5.
All nghts and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of Ordinance No 3011, Ordinance No. 13896, or any other
ordinances affecting zoning that 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 6.
This ordinance shall take effect upon adoption.
APP OVED AS TO FORM AND LEGALITY
Assistant City ttorney
ADOPTED. rl (J- ~' U ~
EFFECTIVE. lO ^ ~ -~~
7