HomeMy Public PortalAboutOrdinance No. 811-97 02-11-1997 ORDINANCE NO. 811- 9 7
AN ORDINANCE AMENDING SECTION 13 "C-2 GENERAL
CONIlI~RCIAL DISTRICT" OF CHAPTER 12 "ZONING" OF
THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS,
TEXAS, AS AMENDED, TO ALLOW PUBLIC AND PRIVATE
RADIO, TELEVISION AND TELECOMMUNICATIONS TOWERS
IN SAID DISTRICT BY SPECIAL USE PERNIlT ONLY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills has had a zoning ordinance in place for
many years; and
WHEREAS, changes in technology and in other conditions have resulted in an
increase in demand for radio, television, cellular telephone and other
telecommunications towers over thirty-five (35) feet in height in various locations
throughout the metroplex; and
WHEREAS, the City Council of the City of Richland Hills, Texas, desires to
accommodate this new technology and the demands of its citizens for
telecommunications services, while minimizing any adverse impact from these new
installations; and
i WHEREAS, the City Council of the City of Richland Hills, Texas, after study,
finds and determines that these competing interests can best be addressed by
allowing such installations in C-2 General Commercial Districts, but with
appropriate conditions and safeguards as provided under the special use permit
procedure.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
That Subsection C "USES PERMITTED" of Section 13 "C-2 GENERAL
COMMERCIAL DISTRICT" of Chapter 12 "ZONING" of the Code of Ordinances of
the City of Richland Hills, Texas, as amended, be hereby amended by the addition
thereto of a new Subsection (67), which new Subsection shall hereafter be and read as
follows:
(67) Public or private radio, television or telecommunications towers over
thirty-five (35) feet in height, but only by special use permit if granted by
the City Council under other provisions of this chapter.
SECTION 2.
Severability Clause. That 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 invalid or ui~iconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
ORDINANCE NO. PAGE 1
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 invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 3.
Saving Clause. That Chapter 12 of the Code of Ordinances, City of Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
SECTION 4.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of
the Richland Hills City Council on the 1~h day of February, 1997, by a vote
of 5 ayes, 0 nays, and ~ abstentions.
APPROVED:
• f
E
C. F. Kelley, Mayor
ATTEST:
_ 4 C_. _
Terri Willi City Secretary
APPR ED AS TO FORM AND LEGALITY:
Paul F. Wieneskie, ity Attorney
rhlib182/bh/021197
ORDINANCE NO. PAGE 2