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480-WORDINANCE NO. 480-W AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING CERTAIN DEFINITIONS; AMENDING THE PERMITTED USES IN THE "CS" COMMUNITY SERVICE DISTRICT; AMENDING CERTAIN REGULATIONS FOR TELECOMMUNICATION TOWERS, ANTENNAS, AND ANCILLARY STRUCTURES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the city council has determined that it is appropriate and in the best interests of the city to amend Ordinance No. 480 as provided herein; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 1 SECTION 1. Section 4, "Definitions," of Ordinance No. 480, as amended, is hereby amended by revising the following definition thereto: " ANSI STANDARD means the most recently adopted ANSI C -95.1 standard of the American National Standards Institute which establishes guidelines for human exposure to non - ionizing electromagnetic radiation ( "NIER "). BACKHAUL PROVIDER means the owner of a wire network (i.e., the cable company, electric company, the telephone company) utilized in connecting the various cell sites to telephone switching offices, long distance providers, or the public switched telephone network. DIRECTIONAL ANTENNA means a non -whip, panel or rectangular antenna used to achieve transmission or reception in a specific direction. EIA -222 means Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna towers and Antenna Support Structures." GUYED TOWER means a freestanding tower which requires the use of flexible guying cables or wires as the only or principle means of resisting the designed tower loads. HEIGHT OF TELECOMMUNICATIONS TOWERS means the vertical distance measured from ground level to the highest point of the tower, including any attached antennas. IEEE STANDARD means the most recently adopted "IEEE (Institute of Electrical and Electronic Engineer) Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 Ghz" which establishes guidelines for human exposure to non - ionizing electromagnetic radiation ( "NIER "). KENNEL - A commercial establishment (with indoor and/or outdoor pens and runs) in which dogs, cats, or domesticated animals are housed, boarded, groomed, bred, trained, or sold all for a fee or compensation. LATTICE TOWER means a freestanding, open frame tower either rectangular, square or triangular in shape at the base. MOUNTED TELECOMMUNICATIONS ANTENNA means a telecommunications antenna that is part of a telecommunications system authorized by the Federal Communications Commission ( "FCC ") and that is affixed to the roof or other portion of a structure. This definition may include ancillary building housing electronic and communications equipment. MONOPOLE TELECOMMUNICATIONS TOWER means a freestanding, single pole structure which utilizes its base as the only or primary means of resisting the designed tower loads and which supports a platform and antennas that are part of a telecommunications system authorized by the Federal Communications Commission ( "FCC "). This definition may include an ancillary building housing electronic and communications equipment. OMNIDIRECTIONAL ANTENNA (also called whip antenna) means a dipole antenna of cylindrical shape which is no more than 6 inches in diameter which serves a 360 - degree area. OTHER TELECOMMUNICATIONS COMMUNICATION TOWER/ANTENNA means any telecommunications communications tower or antenna that is part of a telecommunications system authorized by the Federal Communications Commission ( "FCC "), but that is not covered by the definitions of mounted telecommunications antenna or monopole telecommunications tower. PLATFORM means that portion of a monopole telecommunications tower that is located on top of the pole and that supports directional, transmitting, and receiving antennas. PROPAGATION MAP means a map of the general area showing the coverage offered by the provider's existing towers /antennas and the projected coverage after the installation of the requested tower /antenna. SECTION 2. Section 34.1 (bb) (3), "Authorized Accessory Uses" of Ordinance No. 480, as amended, is hereby deleted in its entirety. SECTION 3. Section 44.12 (8), "Special Exception Uses" of Ordinance No. 480, as amended, is hereby amended by revising the following provision thereto: 11 8. The erection and maintenance of noncommercial radio ALL and television transmitting and receiving antennas and PLOT PLAN REQUIRED satellite dishes in excess of maximum height regulations or maximum dish size for this district where such structures are related to principal permitted uses occupying the structures to which they are external to, attached, or affixed. (As amended by Ord. No. 480 -J)" SECTION 4. Section 45 (38), "Specific Use Permits "of Ordinance No. 480, as amended, is hereby added to read as follows: "38. Telecommunications towers, antennas, ancillary structures ALL (e.g., equipment buildings), subject to the requirements set forth in Section 45.8 of this ordinance. SECTION 5. Section 45.8, "SPECIFIC REQUIREMENTS FOR TELECOMMUNICATIONS TOWERS, ANTENNAS, AND ANCILLARY BUILDINGS," of Ordinance No. 480, as amended, is hereby added to read as follows: I. Objectives The purpose of this section is to establish general guidelines for the location of telecommunications towers and antennas whether as a permitted use or as a specific use permit. The City of Southlake recognizes today's rapidly changing technological environment and realizes the public's increasing acceptance of and demand for superior personal wireless communication services and with the adoption of this ordinance, the city's objectives are to: 1) encourage the location of towers in non - residential areas and minimize the total number, height, and obtrusiveness of towers and antennas throughout the community; 2) encourage strongly the joint use of new and existing tower sites through co- location; 3) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal (e.g., pre - existing buildings or structures such as water towers, church steeples, bell towers, clock towers, and lighting stanchions or on municipal -owned properties and facilities) to camouflage or conceal the presence of antennas or towers; 4) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and 5) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently. II. Information Required on Concept Plan Each applicant shall submit a scaled concept plan meeting the requirements of Section 41 of this ordinance, a scaled elevation view, a propagation map, and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all proposed improvements, including information concerning topography, proposed tower height, setbacks, drives, parking, fencing, landscaping, screening, adjacent uses, and other information deemed by the city to be necessary to assess compliance with this ordinance. III. Ordinance Exemption Antennas mounted on existing city water towers shall be exempt from the requirements of this ordinance, provided a license or lease authorizing such antenna has been approved by the City Council. All other antennas or towers, located on property owned, leased, or otherwise controlled by the City Council of the City of Southlake shall be subject to the requirements herein. 4 IV. Development Standards Certain regulations may be set aside if the requirement effectively denies competition. A. Inventory of Existing Sites Each applicant for an antenna and/or tower shall provide an inventory of its existing towers that are either within the jurisdiction of the city or within one - quarter mile of the border, including specific information about the location, height, and design of each tower. The may share such information with other applicants applying for approvals under this ordinance or with other organizations seeking to locate antennas within the city jurisdiction, provided; however, that the city is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. B. Co- location and Availability of Suitable Existing Towers and Other Structures 1). No new tower shall be permitted unless the applicant demonstrates to the city that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following: a. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements. b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. 2). A telecommunication tower must be 1) used by two or more wireless telecommunications providers; or 2) designed and built so as to be capable of use by two or more wireless telecommunications providers and the owner of the antenna must certify to the that the tower is available for use by another wireless telecommunications provider on a reasonable and non - discriminatory basis. C. Aesthetics and Lighting 1). All towers shall be of monopole construction, unless another tower can be shown to cause less visual impact on surrounding property than a similar monopole structure. 2). Towers shall be maintained with either a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. 3). Highly reflective surfaces shall not be permitted. No glare shall be emitted to adjacent properties. 4). All exterior wires and/or cables necessary for operation of the antenna shall be placed 5 underground, whenever practicable, except for wires or cables attached flush with the surface of a building or the structure of the antenna. 5). No permanent lighting is allowed on towers except as required by the FCC or the FAA (i.e., red lights by night/white strobe lighting during the day) . 6). Any temporary lighting shall be oriented inward so as not to project onto surrounding residential property. D. Federal Requirements (FAA, FCC, ANSI) 1) All towers shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal or state government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. 2) Applicants shall provide the city with certification of compliance with ANSI and IEEE Standards regarding human exposure to non - ionizing electromagnetic radiation ( "NIER "). 3). For a site being proposed in a floodplain, the applicant shall provide the city with certification from the FCC of Environmental Assessment ( "EA ") approval. 4) For antennas, towers and /or supporting structures which are to be located in residential neighborhoods and that are to be equipped with high intensity white lights, the applicant shall provide the city with certification from the FCC of EA approval. E. Building Codes; Safety Standards 1) After receiving the appropriate zoning approval, no tower, antenna, or other appurtenance shall be installed without first obtaining a building permit issued by the Building Official. 2) To ensure the structural integrity of towers, the owner of a tower shall ensure that the tower is constructed and maintained in compliance with standards contained in applicable local building codes ( "Uniform Building Codes, UBC ") and applicable standards for towers, published by the Electronics Industries Association Standard 222, ( "EIA- 222 ") "Structural Standards for Steel Antenna towers and Antenna Support Structures." 3) A tower inspection report (based upon applicable UBC and EIA -222 standards) shall be prepared by an engineer licensed in the state of Texas and filed with the Building Official in accordance to the following schedule: a) monopoles - -at least once every ten (10) years; b) lattice towers - -at least once every (5) years; and c) guyed towers - -at least once every three (3) years. However, the Building Official may require an immediate inspection should an issue of safety be raised. 4) If, upon inspection, the tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards, unless the applicant can demonstrate a hardship and thus establish the need for additional time. If the owner fails to bring such tower into compliance within said thirty (30) days, the city shall remove such tower at the owner's expense. 6 F. Height The requirements set forth below shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for the underlying zoning district in which the tower and/or antenna is proposed. 1) Mounted Antennas a. Roof - mounted, non -whip type, telecommunications antennas shall not exceed the height of the building by more than twelve (12) feet and may be required to be screened from view from any adjacent public roadway. b. Roof - mounted, whip -type, telecommunications antennas shall not exceed the height of the building by more than fifteen (15) feet and shall be located no closer than 15 feet to the perimeter of the building. c. Building - mounted, non -whip type, telecommunications antennas shall be mounted flush with the exterior of the building so that the antennas project no more than twenty -four (24) inches from the surface of the building to which it is attached, that a minimum clearance distance of fifteen (15) feet is maintained from the ground to the lowest element of the antenna and that the antenna shall be of a texture and color so as to blend with the surrounding surface of the building. d. Utility structure- mounted antennas shall not exceed more than twelve (12) feet the maximum height of the utility structure. These utility structures shall include: electric power transmission structures, light stanchions, and other like structures. 2) Freestanding Towers a. For freestanding towers, structurally designed to accommodate shared users, the following height and usage criteria shall apply: 1). for two users, up to one - hundred- twenty (120) feet in height; 2). for three users, up to one - hundred -fifty (150) feet in height. b. Monopole Installation The maximum diameter of a monopole tower at the base shall not exceed forty -eight (48 ") inches. No microwave dish or similar device shall be mounted on the pole portion of a monopole telecommunications tower. The platform portion of a monopole telecommunications tower shall not have a horizontal cross section area greater than 196 square feet. The depth of the platform shall not exceed 4 feet, excluding any whip antenna. Only antennas that are part of a telecommunications system authorized by the FCC shall be permitted on a platform. G. Setbacks 1) Towers shall be a minimum of 200' or 2:1 distance to height ratio, whichever is greater, from the property line of properties used for residential purposes. 2) Mounted antennas attached to existing structures (e.g., bell towers, church steeples, stadium lighting, electrical transmission towers, clock towers, and similar structures) are exempt from the minimum residential setback and distance/height ratio regulations. 3) Towers shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures, public streets, utility lines and other telecommunication towers. 4) All guys and guy anchors shall be set back a minimum of 20 feet from any property line. 5) No tower shall be located in front of the building facade facing any street, or be located within any required setback. 7 H. Landscaping and Screening The following requirements shall govern the landscaping surrounding towers; however, in locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced. 1). Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer. Mitigation of any tree removal shall be in accordance to the Tree Preservation Ordinance, as amended. 2). Tower facilities (e.g., tower /antennas and any necessary equipment building) shall be enclosed by an eight (8) foot, solid screening fence or masonry wall or a wrought iron fence with an eight (8) foot evergreen hedge, and shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from any public roadway or any property used for a residential purpose. Any fence constructed in accordance with this section shall provide a knox box or other entry device for public safety access per the requirements of the Fire Marshal. 3). Where abutting residentially used land, residentially zoned property, public land or public streets, or land designated as low or medium density residential on the city's Land Use Plan, the applicant shall provide a screening plan showing the existing tree coverage of the impacted area and the placement of plantings as required in a "1 bufferyard (as a minimum) as described in Section 42 of this ordinance. I. Principal or Accessory Use 1). Antennas and towers may be considered either principal or accessory uses. A different existing user or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. Towers that are constructed and antennas that are installed in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure. 2). Equipment structures shall be of minimum size to house transmitting /receiving equipment and shall not be utilized for offices, vehicle storage, or for any other use other than for transmitting and receiving transmissions. No outside storage shall be permitted on the site. 3). At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, and textures that will comply with the materials permitted by the underlying zoning district and shall blend with the natural setting and any existing structures on the site, or the equipment building shall be contained entirely within a main building on the property, or the equipment building shall be housed in an underground vault. 4). The necessary equipment building shall not exceed 10 feet in height (measured from grade) nor 180 square feet in total area. 5). No more than three (3) separate equipment buildings shall be located on a single lot. J. Maintenance and Parking 1). Equipment shall be automated to the greatest extent possible to reduce traffic and congestion. 2). Providers shall anticipate the maintenance needs of landscaping, sprinkler systems, and access roads. 3). All structures shall be maintained free from graffiti. 4). One (1) all weather surface parking space shall be provided on each site. The required parking space need not be reserved exclusively for use by the antenna installation and may be one of the spaces provided for the principal use on the property. No off - street loading space shall be required. K. Other Conditions of Approval 1). Documentation of FAA approval shall be provided when towers are near public airports or flight paths. 2). The applicant shall provide the city with a certificate of insurance, issued by an insurance company licensed to do business in the state of Texas indicating that the applicant carries comprehensive general liability insurance with limits of liability thereunder of not less than: bodily injury: $500,000 for injury to any one person and $1,000,000 for all injuries sustained by more than one person in any occurrence; property damage: $1,000,000 for damage as a result of any one accident. The applicant shall provide the city with a renewal certificate within then (10) business days of each renewal. Any insurance required to be provided by the applicant herein may be provided by a blanket insurance policy covering this property and other locations occupied by the applicant, provided such blanket insurance policy complies with all of the other requirements as to the type and amount of insurance required. The applicant may also fulfill the requirements under this section through a program of self - insurance, subject to approval by the city, which approval shall not be unreasonably withheld. If the applicant elects to self - insure, then the applicant shall furnish the city with a letter stating that there is a self - insurance program in effect that provides for the same, or greater, coverage than required of the applicant herein. The applicant agrees to furnish the city with certificate of insurance certifying that the applicant has in force and effect the above specified insurance. The certificate and renewal certificates shall provide that insurance shall not be canceled or changed unless 30 days' prior written notice is just given to the city. 3). Each backhaul provider shall be identified and have all necessary franchises, permits, and certificates. The identity of other providers who co- locate to the site and their backhaul providers shall be provided as well. 4). No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on, or affixed to, any part of a telecommunications tower, platform, antenna or ancillary structure. 5). All construction shall comply with all ordinances of the not in conflict with this section. 6). In addition to the usual application fees for rezoning or specific use permit requests, the applicant shall reimburse the the actual cost of professional services, provided by an engineer or other professional, that may be required to review the application and provide expertise. 7). If high voltage is necessary, signs shall be posted every 20' on any exterior fencing which state, "Danger- -High Voltage." The operator shall also post "No Trespassing" signs. L. Abandonment 1). The owner of a tower and/or related telecommunications facilities shall notify the Building Official when the tower or other structures have ceased operating as part of a telecommunications system authorized by the FCC. Within six (6) months of the date the tower ceases to operate as part of an authorized telecommunications system, the tower must either be removed from the site, or a certificate of occupancy must be obtained to allow 9 another permitted use of the tower. If within six (6) months, the owner fails to remove the tower or obtain proper authorization for the use of the tower, the Building Official shall revoke the certificate of occupancy for the tower and notify the city attorney to pursue enforcement remedies. 2). Tower owner(s) shall bear all demolition costs. M. Interference Any signal interference complaints associated with telecommunications towers or related equipment shall be addressed in accordance with FCC rules and procedures. N. Variances - At the time of review of any required Concept Plan, the City Council may grant variances to the development standards set forth in this Section. 1. To receive a variance, the applicant must demonstrate the following: (a) A variance will reduce the impact of the project on surrounding residential properties; (b) Compliance with this ordinance would impair the architectural design or creativity of the project; or (c) A variance is necessary to assure compatibility with surrounding developed properties. 2. In order to grant a variance, the City Council must determine that a literal enforcement of the regulations will create an unnecessary hardship or a practical difficulty for the applicant; that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties; and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. 3. If a variance application is denied by the City Council, no other variance of like kind relating to the same project or proposed project shall be considered or acted upon by the City Council for a period of six (6) months subsequent to the denial. SECTION 6. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or 10 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. SECTION 8. 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 9. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations 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 10. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. 11 SECTION 11. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 12. 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. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1 1 2, A OR ATTEST: C TY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF V , 1997. MAY 12 ATTEST: 00! i, CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: Zj/c 0 City Attorney 13 Star-Telegram FED. I.D. NO. 54AD ORDER NO. 10435362 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS S County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 1/24ME 1043536 NOTICE OF PUBLIC I358 1x 63L 63 . 66 41. 58 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to 01/2 4-01/2 4 all interested persons that - the City Council of the City of f Southlake, Texas, will be holding a public hearing dur- • ing the Regular City Council _...._ _..... Meeting to be held on Febru- ary 4 1997,at 6:00 p.m.in the City Council Chambers of City Hall, 667 North Car- roll Avenue, Southlake, Tex- as. Purpose of the hearing is to consider the second reading of the following ordinance: ORDINANCE NO.480-W AN ORDINANCE AMENDING ORDINANCENE NO.E COMPRE HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, GECERTAIN TEXAS; • TIONS-AMENDING THE PER- - USES THE "D3" SI AllCOMMUNITY SERVICE DIS- TRICT• AMENDING CERTAIN REGULATIONS FOR TELE- COMMUNICATION TOWERS, 27th JANUARY 1997 S LARY"STRUCTu°s;APRO-WORN TO BEFORE ME, THIS THE DAY OF TIDING THAT THIS ORDI- /-���`�y r vim-"'\ :��\��� NANCE SHALL BE CUMULA- TIVE /� VIDING ALL ORDINANCES; �Pay'p��eI' NotaryPublic CLAUSE; PROVIDING FOR A; V. •%i4 RHONDA R. GOKE 1Q • PENALTY FOR VIOLATIONS i•i 'ti �i COMMISSION EXPIRES HEREOF' PROVIDING A SAT- i INGS CLAUSE• PROVIDING FOR PUBLICATION IN PAM- ,�r 4!•,'• � SEPTEMBER 8 1999 �r•• +_ TARRANT COUNTY,TEXAS FORE PUBLLIICATION PROVIDING DTHE y�`N ��' r OFFICIAL NEWSPAPER;AND ~"a ���••� PROVIDING AN EFFECTIVE DATE. Any person, fCrm or.corpora- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! tion who violates, disobeys, omits, neglects or refuses i to comply with or who re- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -A sists the enforcement of any of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars (52,000.00) for each offense.Each day that t S a violation is permitted to ex- ist shall constitute a sepa- ' ate offense. ofandr SoauthlaL.LkeeGrand, ram •Secretary OFFICE OF REMIT TO: ' 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 S • 10435362 C! ' SECRETARY ACCOUNT CIT57 AMOUNT 41. 58 NUMBER DUE PAGE 1 AI IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 110 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 41. 58 THIS AMOUNT , 1 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram tU. I.I.J. NO. 22 :314t5154 AD ORDER NO. 10505356 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOINCH,LINE RATE o AMOUNT L 2/07ME 1050535. ORDINANCE NO. 48 I358 1x 56L 56 . 66 36 . 96 AN OORDINANCE OAMENDING O 2/O 7-O 2/0 7 ORDINANCE NO. 480. AS AMENDED, THE COAAPRE- 1 HENSIVE ZONING ORDI-' ' NANCE OF THE CITY OF SOUTHLAKE TEXAS; -- - --- -- AMENDING CERTAIN DEFNI- TIONSi AMENDING THE PER- MITTED USES IN THE "CS" COMMUNITY SERVICE DIS- TRICT; AMENDING CERTAIN • .- REGULATIONS FOR TELE- COMMUNICATION TOWERS, ANTENNAS AND ANCIL- _ LARY STRUCTURES; PRO- VIDING .. _ ....... THAT THIS ORDI- NANCE SHALL BE CUMULA- TIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE: PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF' PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION IN PEM- PHLET FORM' PROVIDING S I FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE•���+++ S DATE. SECTION9. • �7WORN TO BEFORE ME, THIS THE 7 nth DAY OF FEBRUARY , 97 Any person, firm or corpora- /' , tion who violates, disobeys, a,-,;•,t.., ,,,.:,,: ,:�.-�.;,„Sy, ,��+ P. to com neglects or refuses I -,,P•RY OVBl1 $ Notary Public sists the enforcement of any -'Z••'• ••'•:�0, RHONDA R. GOKE of the provisions of this ordi- `' •;�y nance shall be fined not f•i % COMMISSION EXPIRES more than Two Thousand ''�• y Dollars ($2,000.00) for �)I•' . ••P. SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS each offense.Each day that $ �y```o`='±' , a violation is permitted to ex- ist shall constitute a sepa- rate offense. ,PASSED AND APPROVED IN SECOCITYNDG MEET EADI ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ING HELD ON FEBRUARY 4, 1997. / TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT — ATT TEST: iESS Stacy,Mayor �� T: _ /s/Sandra L.LeGrand, City Secretary APPROVED AS TO FORM: /s/E.Allen Taylor,Jr., l' City Attor Star_lielegrain OFFICE OF REMIT TO: ' 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 CITY $ C 1 i . AMOUNT 36. 96 10505356 ACCOUNTNUMBER CIT57 DUE PAGE 1 Oa IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 36. 96 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED