HomeMy WebLinkAboutOrdinance 12925i~'#A~ ~, ~ ~ 35
ORDINANCE NO.
AN ORDINANCE ADOPTING A MORATORIUM ON ACCEPTANCE OF
APPLICATIONS FOR BUILDING PERMITS, VARIANCES OR SPECIAL
EXCEPTIONS FOR COMMUNICATIONS TOWERS AND ANTENNAS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, changes in wireless communications technology and the increased
demand for wireless communication services have lead to a significant increase in
the demand for wireless communication towers and antennas within the City of Fort
Worth,
WHEREAS, in light of such increased demand, the City Council directed City
staff to review the City's current regulations concerning the siting of communications
towers and antennas, in order to ensure that they minimize potential adverse effects
on the community caused by towers and antennas, while recognizing the need for
such facilities and the rights of communications providers,
WHEREAS, the City's goals include encouraging the location of towers in non-
residential areas, minimizing the total number of towers throughout the community;
encouraging the joint use of new and existing towers, encouraging users of towers
and antennas to locate them on existing structures and in areas where adverse
impact on the community is minimal, encouraging users of towers and antennas to
r configure them in a way that minimizes the visual impacts of towers and antennas,
and enhancing the ability of providers of telecommunications services to provide such
-1-
services to the community quickly, effectively and efficiently;
WHEREAS, the Zoning Commission of the City of Fort Worth recommended
certain amendments to the City's tower and antenna regulations at its February, 1997
meeting, after conducting several public hearings on the proposed amendments,
WHEREAS, the City Council has requested City staff to provide additional
information concerning the potential impact of the amended regulations
recommended by the Zoning Commission, particularly with regard to potential impact
on older neighborhoods,
WHEREAS, staff will provide such information to the City Council on or before
its April 1, 1997 meeting,
WHEREAS, acceptance by the Department of Development of applications for
building permits for towers or antennas and applications for variances or special
exceptions for towers or antennas from the Board of Adjustment should be prohibited
for a period of thirty (30) days, in order to allow the City Council to receive additional
information and to consider adoption of revised regulations concerning towers and
antennas,
WHEREAS, a thirty (30) day moratorium will prevent the proliferation of
communications towers and antennas pending adoption of revised regulations by the
City Council and will ensure that new applications for towers and antennas will be
considered pursuant to the revised regulations, in order to carry out the goals set out
above,
_2_
WHEREAS, this ordinance has neither the intent nor the effect of prohibiting
the provision of personal wireless services or discriminating among. providers of
functionally equivalent services,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
SECTION 1.
The following shall be prohibited for a period of thirty (30) days from the
effective date of this ordinance, or until this ordinance is repealed, whichever comes
first: (1) acceptance by the Department of Development of applications for building
permits for communications towers or antennas, except as set forth in Section 2
below; and (2) acceptance by the Department of Development of applications for
variances or special exceptions from the Board of Adjustment for communications
towers or antennas, except as set forth in Section 2 below
SECTION 2.
Nothing contained in this ordinance shall prohibit the following (1) issuance of
building permits for the erection of communications towers or antennas for which permit
applications were filed with the Department of Development before the effective date of
this ordinance, (2) processing of applications to the Board of Adjustment for variances
or special exceptions for communications towers or antennas that were filed with the
Department of Development before the effective date of this ordinance, (3) issuance of
building permits for the erection of communications towers or antennas which have
-3-
received a special exception or variance from the Board of Adjustment before the
effective date of this ordinance, (4) issuance of building permits for the erection of
communications towers or antennas for which an application for variance or special
exception from the Board of Adjustment was submitted to the Department of
Development before the effective date of this ordinance and is thereafter approved, and
(5) acceptance and processing of applications for variances or special exceptions from
the Board of Adjustment for antennas to be located on existing structures and for
building permits for such antennas
SECTION 3.
This ordinance shall be in full force and effect until such time as the City
Council adopts an ordinance repealing same or until thirty (30) days from the effective
date of this ordinance, whichever occurs first.
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
-4-
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 6.
This ordinance shall be in full force and effect from and after its passage as
required by law
APPROVED AS TO FORM AND LEGALITY
0.~~-2~~ D.~P,a-~-~-
Assistant City Attorney
Date ~~^c-f2~ ~ ~ , ~ ~ ~r `7
ADOPTED ~~~-~ 1 ~- ~ 19 9 '~
EFFECTIVE / V ~ C~v~c.~.- ~ ~ , ~ ~ g
T ~
-5-
City of Fort Worth, Texas
Mayor and Council Communication
DATE
03/18/97 REFERENCE NUMBER
G-11824 LOG NAME
12MORAT PAGE
1 of 1
SUBJECT ADOPTION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR BUILDING
PERMITS, VARIANCES OR SPECIAL EXCEPTIONS FOR COMMUNICATIONS TOWERS
AND ANTENNAS
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance which would establish a
30 day moratorium on the acceptance of applications for building permits, variances or special
exceptions for communications towers and antennas
DISCUSSION
Changes in wireless communications technology and increased demand for wireless
communications services have led to a significant increase in the demand for wireless
communications towers and antennas in the City After discussion with representatives of the
wireless communications industry, neighborhood representatives, and other interested parties,
City staff prepared proposed amendments to the City's regulations concerning the siting of
communications towers and antennas The Zoning Commission held several public hearings on
the proposed amendments and recommended revised regulations at its February, 1997 meeting
The City Council has requested City staff to provide additional information concerning the
potential impact of the recommended regulations, particularly with regard to older neighborhoods
Staff will provide such information to the Council at its April 1, 1997 meeting
In order to maintain the status quo pending consideration of the revised tower and antenna siting
regulations, it is recommended that the City Council enact a 30 day moratorium on the
acceptance of building permits for the construction of communications towers and antennas and
on the acceptance of applications to the Board of Adjustment for variances and special
exceptions for communications towers and antennas Complete applications for building permits,
special exceptions or variances accepted prior to the effective date of this moratorium would
continue to be processed
CB•f
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (~)
Charles Boswell 8511 APPROVED
Originating Department Head: CITY COUNCfL
Wade Adkins 7623 (from) MAR 18 1997
For Additional Information Ql~,~ ~
Contact: City of Fort pp~ of the
rth
l
Wade Adkins 7623
,
exa~
~ Printed on Regded Paper Adopted Ordinance No./~"/~"~