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HomeMy WebLinkAboutOrdinance 2838 ORDINANCE NO. 2838 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 118-775 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, TO PROVIDE EXCEPTIONS TO REGULATIONS OF SATELLITE RECEIVER DISHES LESS THAN ONE METER IN DIAMETER AS MANDATED BY FCC REGULATIONS; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has received the recommendations ofthe Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Zoning Ordinance of North Richland Hills is hereby amended by amending Section 118-775 of the North Richland Hills Code of Ordinances to read as follows: "Section 118-775. Satellite receiver dishes. (a) Satellite receiver dishes measuring one meter (39.37 inches) or less in diameter shall be allowed in all districts without a permit. Such dishes shall not be located within or encroach on or over any drainage or utility easement and shall not overhang any property line. (b) Satellite receiver dishes larger than one meter in diameter shall be allowed in any residential district and in the AG Agricultural District if they conform to the following regulations: (1) No such satellite receiver dish shall exceed twelve feet in diameter. (2) Satellite receiver dishes shall be located only in a rear yard and no portion of such dish shall be closer than six (6) feet from any side or rear property line. (c) Section 2: Ordinance No. 2838 Page 2 of 3 (3) No satellite receiver dish shall be located within or encroach upon any drainage or utility easement. (4) No portion ofa ground-base mounted satellite receiver dish shall extend beyond fifteen feet above the existing grade. A ground-pole mounted dish located adjacent to or within three feet of the rear of the main structure shall be allowed provided that it will not be visible between ground level and five feet above ground level when viewed from the front of the structure at a point nearest the curb line or edge of the street. A roof mounted dish may be located on the rear portion of the roof of a main structure if it will not be visible between ground level and five feet above ground level when viewed from the front ofthe structure at a point nearest the curb line or edge of the street. (5) No lettering, logo, or any form of advertising shall appear on the face or back of the satellite receiver dish except the name and address and telephone numbers ofthe manufacturer or seller, serial and model number and any technical information pertaining to the dish. (6) Only one satellite receiver dish shall be allowed per residential lot. (7) A building permit must be obtained from the Building Inspection Office prior to the erection of any satellite receiver dish. In all other zoning districts, where a satellite receiver dish larger than one meter in diameter is utilized in conjunction with the conduct of a permitted business, one dish may be installed either on the roof of a building or on an approved pole mounting system. Such dish shall be located behind the front building line ofthe lot. The dish shall not exceed twelve (12) feet in diameter and shall not exceed thirty-eight (38) feet in height above surrounding lot grade. Where the lot abuts a residential district, the pole mounted dish installation shall be placed so that the total height of the unit shall not exceed a ratio of one-foot distance from the residential property for each one and one-half feet of height. In roof top installations on permitted high-rise buildings, the dish shall not exceed twelve feet in height above the main roof structure of the building. A building permit must be obtained from the Building Inspection Office for installation of any dish under this subsection." Any person, firm or corporation violating any provision of the comprehensive zoning ordinance as amended by this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: 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 or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections ofthis ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 4: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. Passed on this 13th day of June, 2005. ~ By: ,4~·······"······· ~'""...., .!cr·····n .....~, ;:~... ... 'fft..... WTESTr ·Y...ï ~~\ II if} ~ ''¿:.~ Patnëi-ätiblu'£9011, City Secretary CHLAND HILLS TO FORM AND LEGALITY: Ordinance No. 2838 Page 3 of 3 INVOICE Star- Telegram 400 W. 7th Street FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 22-3148254 Customer ID: Invoice Number: Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Dates: CIT13 256752061 6/16/05 Net due in 21 days 6/30/05 Bill To: CITY OF N RICHLAND HILLS/SECRET PO BOX 820609 NORTH RICHLAND HILLS, TX 76182- 25675206 073 ORDINANCE NO.2 6/15/05 - 6/16/05 ORDINANCE NO. 2838 An ordinanc ORDINANC-E'~ A.n ordin:.f;e8 amend- Il)g the. coml)rehen_ Slve zoning ort'Jlnance by amendfng section 118-775 of the Code of Ordinances of the Cjty of North Richland I- Ilfs, Texas, to pro- vide exceptions to regulations of satellite receIver dishes less tt)an one meter' In dIameter as mandat- ,!d by FCC regula- tIons' providing a pena1ty; providing for ~~'i~~abi~:r; ~7t~cft~.; date. Any person, firm or ~~~o~~~~~ionvlc¿~a~gg comprehensive zon- ing ordinance as ~~:~~:d ~~~~iS '6~ ~~:m.~eall,~~ty o~n~ upon final conviction' thereof fined in an amount not to exceed Two Thousand Dol- lars ($2,000.00>. Each day any such v(olatlon shall De allowed to continue shall consti- tut!, a separate vio- lation and punishable Before me, a Notary Public p~~~':.,&n~~d appi-oved nd State, this day perso,nallY appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram, pub' ~~~eth~oólth day of m, Inc. at Fort Worth, In Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping c I~OscaTr Tr'!vino )ublished in the bov amed paper on the liste dates: BIDS 8{ LEGAL DEPT. STAR TLEGRAM (817) 390-7320 ATTES;~ar revr:r~y';r '- IS/Patricia Hutson Patricia Hutson _ C~ Secretary Signed A,FO~BVI¡¡D ~~GÆ O TV: SUBSCRIBED AND SW IslGeorlJ!ll StN>les liS Friday, June G.eorge Staples _ City Attorney , 13580 57 57 LINE $0.36 $4 I. 04 Net Amount: $41.04 L HOLLAND CHR~~~SSION EXPIRES M'f COm'" ft1\I\Q July 31. loW" THE STATE OF TEXAS County of Tarrant 1 ==-- ,\111"", ~ /'~ìr~ ry~_. t!. . }:) 1\ -'4 fï'(.¡ "..fill" - Notary Public Thank You For Your Payment ~---~~-'^""""""'-........."""""""'--""'"""""-~--------~--~----~--""'"""""-~----~-~- Remit To: Star-Telegram P.O. Box 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: CIT 13 CITY OF N RICHLAND HIL 256752061 $41.04 PO Number: Amount Enclosed: : $ "I