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HomeMy WebLinkAboutOrdinance 12962ORDINANCE 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 DISH SATELLITE ANTENNAS, TO ALLOW DISH SATELLITE ANTENNAS AS AN ACCESSORY USE IN THE "AG" AGRICULTURAL DISTRICT, "MH" MOBILE HOME DISTRICT, "0-1" FLOOD PLAIN DISTRICT, "A" ONE-FAMILY DISTRICT AND "E-R" RESTRICTED COMMERCIAL DISTRICT AND AS A PRINCIPAL USE IN THE "CF" COMMUNITY FACILITIES DISTRICT AND "I" LIGHT INDUSTRIAL DISTRICT; ESTABLISHING LOCATION, HEIGHT, SCREENING AND SETBACK REQUIREMENTS FOR SATELLITE DISHES; 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 and screening of satellite dish antennas, WHEREAS, the goals of this ordinance are to promote public health, safety, welfare and aesthetic considerations in conformance with regulations adopted by the Federal Communications Commission concerning local regulation of satellite dish antennas, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 Section 2-A, "'AG' Agricultural District", of Ordinance No 3011, the -1- ~ Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended by adding a new Subsection A.10 to permit dish satellite antennas as an accessory use, as follows A. USE REGULATIONS 10 Dish satellite antennas shall be considered an accessory use When the dish exceeds two (2) meters in diameter it shall not be located in the front or side yards and shall not exceed twelve (12) feet in height above ground level 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 by adding Subsection A.1 (q) to permit dish satellite antennas and to establish height, location and screening regulations for dish satellite antennas with diameters in excess of two (2) meters, as follows 1 USE REGULATIONS 1 Principal Uses q Dish satellite antennas When the dish exceeds two (2) meters in diameter, it shall not be located in the front or side yards and shall comply with the height requirements of this section If erected on the ground, the dish shall be enclosed by a six (6) foot screening fence SECTION 3. Section 2-C, "'MH' Mobile Home District", of Ordinance No 3011 of the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended to add Subsection A.3A to permit dish satellite antennas as an accessory use -2- and to establish height, screening and location requirements for dish satellite antennas with diameters in excess of one (1) meter, as follows A. USE REGULATIONS 3A Dish satellite antennas shall be considered an accessory use When the dish exceeds one (1) meter in diameter, it shall adhere to the following a) When in a mobile home subdivision the dish shall not be located in the front or side yards, shall be enclosed by a screening. fence, and shall not exceed twelve (12) feet in height above ground level, or, b) When in a mobile home park shall not be located in any required setback adjacent to a public right-of-way exterior of the complex, shall be located or screened to prevent visibility from any public right-of-way exterior of the complex, and shall not exceed twelve (12) feet in height above ground level SECTION 4. Section 2-E, "'0-1' Flood Plain District", of Ordinance No 3011 of the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended to add Subsection A.21 to permit dish satellite antennas as an accessory use and to establish location and height requirements for dishes that exceed two (2) meters in diameter, as follows A. USE REGULATIONS 21 Dish satellite antennas shall be considered an accessory use When the dish exceeds two (2) meters in diameter it shall not be located in the front or side yards and shall not exceed twelve (12) feet in height above ground level -3- SECTION 5. Section 3, "'A' One-Family District", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, Subsection C, is hereby amended to allow dish satellite antennas as an accessory use and to establish location, screening and height regulations for dishes that exceed one (1) meter in diameter, as follows C Dish satellite antennas shall be considered an accessory use in residential zoned districts When the dish exceeds one (1) meter in diameter, it shall not be located in the front or side yards, shall be enclosed by a screening fence, and shall not exceed twelve (12) feet in height above ground level SECTION 6. Section 8, "'E-R' Restricted Commercial District", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended to add Subsection A.15A to permit dish satellite antennas as an accessory use and to establish height and area regulations for dishes that exceed two (2) meters in diameter, as follows A. USE REGULATIONS 15A. Dish satellite antennas shall be considered an accessory use When the dish exceeds two (2) meters in diameter, it shall adhere to district height and area regulations SECTION 7. Section 13, "'I' Light Industrial District", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby -4- amended to add Subsection A.22A to permit dish satellite antennas as a principal use, as follows A. USE REGULATIONS 22A. Dish satellite antennas When the dish exceeds two (2) meters in diameter, it shall adhere to district height and area regulations SECTION 8. 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 9. 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 -5- SECTION 10. 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 11. 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 SECTION 12. 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 13. 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 -6- APPROVED AS TO FORM AND LEGALITY: c~~~~ D A sistant City Attorney Date ~, ~~~' ~ ADOPTED ~-t~ ~ ~ , ~ ~ R ~ EFFECTIVE Satellite Dishes -7-