Loading...
HomeMy WebLinkAboutOrdinance 12261ORDINANCE NO ,°~a~ l AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO 301 1, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTION 18 TO ALLOW PUBLIC UTILITY TOWERS, DISTRIBUTION LINES AND SUPPORTING STRUCTURES IN ALL ZONING DISTRICTS, TO ALLOW COMMUNICATION ANTENNAS TO BE MOUNTED ON PUBLIC UTILITY TOWERS, AND TO PROVIDE THAT DISTANCE AND HEIGHT REQUIREMENTS DO NOT APPLY TO PUBLIC UTILITY TOWERS, DISTRIBUTION LINES AND COMMUNICATION ANTENNAS CONSTRUCTED ON PUBLIC UTILITYTOWERS, AMENDING SECTION 20, "'BOARD O.F ADJUSTMENT"', TO ALLOW THE CONSTRUCTION OF COMMUNICATION TOWERS ON PUBLIC UTILITY TOWERS, AMENDING SECTION 2-B, "'CF' COMMUNITY FACILITIES DISTRICT", AND SECTION 13, "'I"' LIGHT INDUSTRIAL DISTRICT", TO PERMIT RADIO, TELEVISION, MICRO-WAVE BROADCAST, RELAY AND RECEIVING TOWERS, AND TRANSMISSION AND RETRANSMISSION FACILITIES, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION IN PAMPHLET FORM, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 Section 18, "Modifications to Distance Regulations", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended by adding Subsection F, "Location and Height Regulations Applicable to Public Utility and Communications Installations", as follows F Location and Height Regulations Applicable to Public Utility and Communications Installations 1 Utility transmission towers and distribution lines and supporting structures owned and/or operated by the City of Fort Worth, Tarrant County or public utility companies, which are necessary for the furnishing of utility services, are permitted in all districts 2 The following accessory uses are permitted in all districts a) Communication antennas that are mounted on and supported by utility transmission towers, provided that no communication antenna shall extend more than twelve feet above the highest point of the tower, and b) Auxiliary structures housing electronic communications equipment which is necessary for the operation of communication antennas established pursuant to Section (a) above 3 District height requirements shall not apply to a) Utility transmission towers and distribution lines and supporting structures, b) Communication antennas established in compliance with Section 2(a) above SECTION 2 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 read as follows 9 Radio, television, micro-wave All except "CF", "I", "J", "K" broadcast, relay and receiving towers, and transmission and retransmission facilities, unless permitted by Section 18 F Conditions Subject to such safeguards as the Board may require SECTION 3 Section 2-B, "'CF' Community Facilities District", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, Subsection -2- A 1, "Principal Uses", is hereby amended by adding the following principal uses as Subsection A 1 p p Radio, television, micro-wave broadcast, relay and receiving towers, and transmission and retransmission facilities SECTION 4 Section 13, "'I' Light Industrial District", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, Subsection A 1, "Use Regulations", is hereby amended by adding the following principal uses as Subsection A 1 39A 39A Radio, television, micro-wave broadcast, relay and receiving towers, and transmission and retransmission facilities SECTION 5 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 6 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, -3- 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 7 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 (52,000 00) for each offense Each day that a violation is permitted to exist shall constitute a separate offense SECTION 8 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 9 The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in -4- evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas SECTION 10 The City Secretary of the City of Fort Worth 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, as authorized by Section 52 013, Texas Local Government Code SECTION 11 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 APPROVED AS TO FORM AND LEGALITY ~S~.~C~ ~ C ty At orney Date ~ 1(oEt~3~S ADOPTED ~a~.wm~'~. i ~ < < ~ ~ ~ EFFECTIVE -5-