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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