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HomeMy WebLinkAboutOrdinance 12961ORDINANCE NO AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, CONCERNING SITING OF COMMUNICATIONS TOWERS AND ANTENNAS, BY ADOPTING DEF1NITlONS OF "ANTENNA" AND "TOWER"; PROVIDING THAT COMMUNICATIONS TOWERS SHALL NOT BE LOCATED IN THE "CF" COMMUNITY FACILITIES DISTRICT WITHOUT SPECIAL EXCEPTION APPROVAL BY THE BOARD OF ADJUSTMENT; PERMITTING COMMUNICATIONS TOWERS AS A PRINCIPAL USE IN THE "G" COMMERCIAL DISTRICT; PROHIBITING COMMUNICATIONS TOWERS IN THE "H" CENTRAL BUSINESS DISTRICT; ESTABLISHING 75 FOOT HEIGHT RESTRICTION FOR COMMUNICATIONS TOWERS IN THE "I" LIGHT INDUSTRIAL DISTRICT; PROVIDING THAT COMMUNICATIONS TOWERS SHALL NOT BE LOCATED IN A SCENIC DISTRICT OR CORRIDOR WITHOUT SPECIAL EXCEPTION APPROVAL BY THE BOARD OF ADJUSTMENT; ESTABLISHING DEVELOPMENT REGULATIONS FOR COMMUNICATIONS TOWERS AND ANTENNAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the purpose of this ordinance is to amend the City's regulations concerning the siting of communications towers and antennas, WHEREAS, the goals of this ordinance are to encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community; encourage the joint use of new and existing towers, encourage users of towers and antennas to locate them, to the extent possible, on existing structures and in areas where adverse impact on the community is minimal, encourage users of towers and antennas to configure them in a way that minimizes the visual impacts of the towers and antennas, and enhance the ability of providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; -1- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 Section 1, "Definitions", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended to add definitions of "antenna" and "tower", as follows. 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 accessory to residential uses shall mean television antennas and amateur radio equipment not used for commercial purposes, including ham radio and CB equipment. TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers, or monopole towers The term includes radio and television transmission and reception towers, microwave towers, common-carrier towers, cellular telephone towers, and the like, but shall not include towers accessory to residential uses Towers accessory to residential uses shall mean amateur radio equipment not used for commercial purposes, including ham radio and CB equipment. SECTION 2. Section 2-B, "'CF' Community Facilities District", of Ordinance No 3011 of the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended to provide that communications towers shall be permitted only with special exception approval by the Board of Adjustment. Subsection A.1(p), which allows towers as a principal use, is hereby repealed Subsection A.2(f) is hereby enacted to require a special exception, as follows -2- A. USE REGULATIONS 2. Special Exception Uses f Towers, as defined in Section 1 SECTION 3. Section 2-D, "'IP' Industrial Park District", of Ordinance No 3011 of the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, Subsection A.20(d), is hereby amended to revise the definition of "tower", which is permitted with a special exception, as follows A. USE REGULATIONS 20 The following special exception uses may be established only when authorized by the Board of Adjustment pursuant to Section 20' d) Towers, as defined in Section 1 SECTION 4. Section 2-F, "'0-2' Flood Plain District", of Ordinance No 3011 of the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, Subsection A.3(r), is hereby amended to revise the definition of "tower", which is permitted with a special exception, as follows. A. USE REGULATIONS 3(r) Towers, as defined in Section 1 -3- SECTION 5. Section 11, "G" Commercial District", of Ordinance No 3011 of the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, Subsection A, is hereby amended to permit communications towers, by adding a new Subsection A.4, as follows. A. USE REGULATIONS 4 Towers, as defined in Section 1 SECTION 6. Section 12, "'H' Central Business District", of Ordinance No 3011 of the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, Subsection A.1, is hereby amended to prohibit communications towers, as follows. A. USE REGULATIONS 1 Any uses permitted in the "G" Commercial District, except off- premise signs and towers, as defined in Section 1 SECTION 7. Section 13, "'I' Light Industrial District", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, Subsection A.39(A), is hereby amended to revise the definition of "tower" and Subsection B 1 is hereby amended to provide that towers are permitted to a height of seventy-five (75) feet, as follows. A. USE REGULATIONS 39(A) Towers, as defined in Section 1 -4- B HEIGHT AND AREA REGULATIONS In the "I" Light Industrial District the height of buildings and structures and the minimum dimensions of yards shall be as follows 1 Height: No building hereafter erected, reconstructed, altered or enlarged shall exceed three (3) stories, nor shall it exceed forty-five (45) feet; provided, however, towers, as defined in Section 1, are permitted to a height of seventy-five (75) feet. SECTION 8. Section 18, "' Modifications to District Regulations", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended to add Subsections 18 G and 18 H to provide development regulations for communications towers and antennas, as defined in Section 1, as follows. G DEVELOPMENT REGULATIONS FOR COMMUNICATIONS TOWERS 1 Towers in Scenic Areas No tower shall be located in a scenic district or corridor, as designated by Section 17A.H 6(b) or (c), except with special exception approval by the Board of Adjustment. 2 Setback Requirements Towers shall be constructed in accordance with the following setback requirements a) The tower site shall be set back 500 feet from an "HC" Historic and Cultural Landmark District, "CD" Conservation District or scenic district or corridor, as designated by Section 17A.H 6(b) or (c) b) The tower site shall be set back from property zoned "C-R", "C", "D", "DHR-1" and "DHR-2" at a ratio of three (3) feet for each one (1) foot in height of the tower c) The tower site shall be set back from one- and two-family zoning districts at a ratio of three (3) feet for each one (1) foot -5- in height of the tower, or 500 feet, whichever distance is greater d) For purposes of this section, "tower site" means the platted lot or leased parcel on which the tower and support facilities are located 3 Construction Requirements a) All towers shall be of monopole construction unless the Board of Adjustment approves an alternative design which 1) Retains architectural style and appearance of existing structures, 2) Retains consistency of color and construction materials of existing structures, and 3) Is in compliance with all development restrictions of the district. b) Lighting shall be shielded or directed so as not to project directly onto surrounding residential property c) Any tower over seventy-five (75) feet in height must be constructed to support at least two (2) separate antenna arrays 4 Screening and Fencing Requirements All towers and support facilities shall be surrounded by a six (6) foot security fence and landscaped by perimeter hedge not to exceed three (3) feet in height. 5 Commercial Messages Prohibited No commercial messages shall be placed on towers. 6 Tower Registration Before a building permit for a tower structure may be issued, the owner must have on file with the City of Fort Worth Development Department a master list of all existing tower structures owned or -6- controlled by the owner Such list must specify the name, address and telephone number of the owner of record, the tower locations by address and legal description, tower height, the number of antenna arrays on the tower, and the names, addresses, and telephone numbers of all other users of the tower structures 7 Removal of Tower Structures Upon cessation of the use of a tower structure for the support of active communications antennas, the owner of record must notify the Development Department. Disconnection of electric service at the tower site shall be considered cessation of use The tower and associated facilities may be maintained by the owner for a period of one (1) year after cessation of use, provided, however, the owner must comply with all applicable City ordinances At the end of one (1) year the owner of record must notify the Development Department of the status of the tower If the use of the antennas on the tower has not been restored, the tower must be removed and the tower site restored to its original condition to a depth of two (2) feet at the owner's expense H DEVELOPMENT REGULATIONS FOR COMMUNICATIONS ANTENNAS The following regulations apply to antennas as defined in Section 1 Antennas are permitted in all districts on existing commercial, institutional or industrial structures, provided, however, antennas may not be located within scenic districts or corridors designated by Section 17A.H 6(b) or (c) without special exception approval by the Board of Adjustment. Antennas may not extend more than twelve (12) feet above the structure 2 An antenna may be collocated on an existing, approved tower to a height that exceeds the maximum height permitted in the zoning district in which the tower is located, provided that the antenna does not exceed the height of the tower 3 An antenna placed on the face of a structure 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 -~- SECTION 9. Section 20, "'Board of Adjustment," of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, Subsection C 9, is hereby amended to provide that towers are prohibited in the "H" Central Business District and permitted in "G", "I', "J" and "K" Districts as a matter of right, and in other zoning districts and designated scenic districts and corridors with a special exception, as follows SPECIAL EXCEPTION DISTRICT REQUIRING BOARD APPROVAL 9 Towers, as defined in Section 1, All except "G", "I", "J" and "K", provided, how- subject to such safeguards as ever, in no case shall a special exception be the Board may require granted for towers in the "H" Central Business District. Board approval required in designated scenic district or corridor SECTION 10. All provisions of the Comprehensive Zoning Ordinance not expressly repealed or amended shall remain in full force and effect. SECTION 11. 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 -s- SECTION 12. 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 13. 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 is permitted to exist shall constitute a separate offense SECTION 14. 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 3011 or 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. -9- SECTION '15. 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 16. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained APPR VED AS TO FORM AND LEGALITY: / ~ ~-~-- Assistant City Attorney Date ~ ~ ~ 1 ~ ~ ~ ADOPTED• ~ f~ ~ 1 ~ g ~ ~ EFFECTIVE -10-