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11-A Variance - Tower Ord DRAFT F:ATTORNEY\ORDWORK\CURRENT\ Variance - Tower Ord. June 23, 2005 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A VARIANCE PURSUANT TO SECTION 28-113 OF SECTION 28, THE TOWER REGULATIONS, OF ORDINANCE NO. 1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, SAID VARIANCE BEING GRANTED TO ROCK TREE PROPERTIES, LLC, TO CONSTRUCT A 180 FOOT CAMOUFLAGED WIRELESS COMMUNICATION FACILITY (WCF) ON PART OF LOT 3, SSLA COMMERCIAL ADDITION, BEING NUMBER 2845 LOOP 286 NE; PROVIDING ADDITIONAL CONDITIONS AND REQUIREMENTS ASSOCIATED WITH THE GRANT OF SAID VARIANCE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 28-113 of the Tower Ordinance of the City of Paris, the same being a portion of Section 28 of Ordinance No. 1710, the Zoning Ordinance of the City of Paris, provides for the grant of variances by the City Council from the requirements of Section 28-1 04(b) and Section 28-106(c) and (g) of the Tower Ordinance of the City of Paris; and, WHEREAS, the grant of said variance is based upon a showing by the applicant that a Wireless Communication Facility (WCF) proposed for construction will be constructed in a matter to be totally masked or camouflaged or to be included in an existing structure which effectively masks the appearance of the WCF, with the result that such masking or camouflage renders the proposed WCF invisible to public view, or renders it so compatible in appearance with surrounding uses as to be transparent in its impact on said surrounding uses; and, WHEREAS, the burden rests upon the applicant for said variance to provide sufficient information to clearly show that the requirements of masking, camouflaging, or co-location as specified in Section 28-113(a) have been satisfied; and, WHEREAS, Rock Tree Properties, LLC, has filed an application with the City of Paris requesting a variance pursuant to Section 28-113 to construct a 180 foot camouflaged Wireless Communication Facility (WCF) on part of Lot 3, SSLA Commercial Addition, being number 2845 Loop 286 NE; and, WHEREAS, following notice of a public hearing by publication and actual notice to surrounding property owners, the City Council of the City of Paris conducted a public hearing on June 27, 2005, to enable any interested person to comment on the aforesaid proposed variance; and, WHEREAS, following the conclusion of the aforesaid hearing, the City Council considered the approval for said variance, the same requiring three-quarters (3/4) vote of the governing body voting in favor of the said variance in a manner consistent with Section 21-105 of the City Ordinance; NOW, THEREFORE, I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That a variance is hereby granted to Rock Tree Properties, LLC, pursuant to Section 28-113 of Section 28 of the Zoning Ordinance of the City of Paris, Ordinance No. 1710, to permit the construction of a 180 foot camouflaged Wireless Communication Facility (WCF) on part of Lot 3, SSLA Commercial Addition, being number 2845 Loop 286 NE. Section 3. That the grant of said variance is hereby conditioned upon and specifically subject to the applicant complying with those additional terms, conditions, and requirements as are attached hereto as Exhibit A and for all purposes incorporated herein, otherwise the grant of said variance to be null and void. Section 4. That this ordinance shall be effective July 1, 2005, subject to the aforesaid conditions stated in Section 3 hereof. PASSED AND ADOPTED this 27th day of June, 2005. Curtis Fendley, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney I ~ ,~ r"" ( , . . ORDINANCE NO. 2005-019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION 28 TO ORDINANCE NO. 1710 OF. THE ZONING ORDINANCE OF THE CITY OF PARIS, TO REVISE THE REGULATION FOR WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES AS APPLIED TO AGRICULTURALLY ZONED PROPERTY; REVISING SET -BACKS FOR TOWERS LOCATED IN COMMERCIAL, LIGHT INDUSTRIAL, AND HEAVY INDUSTRIAL ZONED AREAS; PROVIDING FOR A LIMITED VARIANCE PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO SUBJECT; AND D ECLARIN G AN EFFECTIVE D ATE. WHEREAS, the Federal Government through the Federal Communications Commission (FCC) has issued wireless communications licenses' for cellular, personal communication services (PSC), paging and other providers of wireless antenna services; and, WHEREAS, the demand by citizens for new wireless communication services has produced an increased need for installation of wireless antennas and wireless communications facilities to serve the public, including the citizens in Paris, Texas; and, \VHEREAS, wireless communications facilities are supportive of public health, safety, and welfare in that they provide useful portable communication services for personal convenience, business and emergency purposes; and, WHEREAS, the FCC has required license holders to provide coverage to areas where wireless communication licenses have been acquired and this may require such facilities to be constructed in specific locations and manners, determined by engineering standards to achieve such coverage, and thus there may be limited ability to choose alternative locations; and, WHEREAS, the Federal Telecommunications Act of 1966 preserves local zoning authority to regulate wireless communications facilities; provided, however, said Act mandates that localities may not unreasonably discriminate between FCC license holders and that localities cannot prohibit or effectively prohibit the provision of wireless services, and the Act gives the FCC sole jurisdiction over radio frequency emissions, provided the wireless communications facility meets FCC standards; and, WHEREAS, additional wireless communications facilities are required to provide quality communication services to meet the growing needs of the public and businesses for wireless communication and should be accommodated in the City; and, -1- - II .. ...-" -- . . WHEREAS, the City Council has previously adopted O~dinance Number 2001-048, which added a New Section 28 to the Zoning Ordinance of the City of Paris entitled "Regulation of Wireless Telecommunications Towers and Facilities", thereby implementing a comprehensive regulatory scheme for regulating the location of, siting of, spacing for, and technical standards ., associated with the construction and erection of wireless communication facilities; and, WHEREAS, the City Council desires to amend and revise said regulations to accommodate both the needs of the wireless companies and the needs of the citizens of the City of Paris; NOW, THEREFO RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Section 28-104 (b), entitled "Permitted Areas", of Section 28 of Ordinance 1710, the Zoning Ordinance of the City of Paris, shall be and is hereafter amended to remove Agricultural zoned areas as areas for potential siting of wireless communication facilities, said amended Section 28-104 (b) to read as follows: "Sec. 28-104 Wireless Communication Facilities Prohibited. *** (b) Permitted areas. From and after the effective date of this Ordinance, new WCF's shall be permitted only in areas bearing a zoning designation of Commercial (C), Light Industrial (LI), or Heavy Industrial (HI); the siting of new WCF's in areas zoned other than as designated herein, including residential districts (SF-I), (SF-2) (SF-3), (2F), (MF- 1), (MF-2), Planned Development Districts (PD), Agricultural (A), and other non- commercial and non-industrial districts, including Parking Districts (P), Office Districts (0), Neighborhood Service Districts (NS), General Retail Districts (GR), Central Area (CA), and Public Lands and Institutes (PL&I), shall be and is hereafter prohibited." Section 3. That Section 28-106 (c), entitled "General Requirements," of Section 28 of Ordinance 1710, the Zoning Ordinance of the City of Paris, shall be and is hereafter amended to revise the setback of towers located on properties in areas zoned Commercial, Light Industrial, and Heavy Industrial, such amended Section 28-106 (c) to read as follows: "Sec. 28-106 General Requirements. *** (c) Setback standards. No setbacks shall be required for towers located on properties zoned Commercial (C), Light Industrial (LI), and Heavy Industrial (HI), provided the -2- " I ,~, í, <\ " - " . . actual location of such towers in said zoned areas is at least five hundred (500) feet from areas zoned SF-I, SF-2, SF-3, 2F, MF-l, MF-2, Agricultural (A), and Residential Planned Development Districts (PD). In determining the setback requirement, the distance shall be measured from the base of the Support Structure to the lot line of the off-site use following a straight line from the base of the Support Structure to the closest point of the designated zoned property." Section 4. That Section 28-106 (d), entitled "Separation from off-site uses/designated areas," of Section 28 of Ordinance 1710, the Zoning Ordinance of the City of Paris, shall be and is hereafter in all things repealed, and the remaining Subsections 28-106 (e) through 28-106 (n), shall be and are hereafter re-designated Subsections 28-106 (d) through 28-106 (m). Section 5. That Section 28-108 (b) of Section 28 of Ordinance 1710, the Zoning Ordinance of the City of Paris, entitled "List of Acceptable Applications" shall be and is hereafter amended to omit the reference to Agricultural (A) zoned property as areas where a permit for the erection of a WCF can be granted administratively, such amended Section 28-108 (b) to read as follows: "Sec. 28-108 Administrative Approval. *** (b) List of Acceptable Applications. The following applications for WCF and Support Structures may be approved by the Director after conducting an administrative review: 1. Locating a new WCF or Support Structure, including the placement of additional buildings or equipment, in any areas zoned Commercial, Heavy Industrial, or Light Industrial. 2. Locating any Antenna Array or other WCF on existing Support Structures or portions of any other WCF consistent with the terms of paragraph a and b below: a. Antenna Array on existing structures. Any antenna which is not attached to a formal Support Structure but is attached to an alternative structure, such as a utility pole, sign, water tower, existing building, or other similar structure provided that such existing structure is located in an area zoned Commercial, Heavy Industrial, or Light Industrial. b. Antenna Arrays located on existing WCF and Support Structures. An Antenna Array which is attached to a preexisting WCF and Support Structure may be approved by the Director, provided such preexisting Support Structure is not required to be extended or expanded if located in an area zoned other than Commercial, Heavy Industrial, or Light Industrial." -3- - I ,,---' "", '. . -- - - Section 6. That Section 28 of Ordinance No. 1710, the Zoning Ordinance of the City of Paris, shall be and is hereby amended to add a new Section 28-113 thereto, entitled Variance, said new Section 28-113 to read as follows: "Sec.28-113 Variance. (a) The City Council may, upon appeal taken and following notice and public hearing as required herein, grant a variance from the requirements of Section 28-104 (b) and/or Section 28-106 (c) and (g) on an affirmative showing by the applicant that a WCF proposed for construction will be constructed in a manner to be totally masked or camouflaged or to be included in an existing structure which effectively masks the appearance of the WCF, such as an existing church steeple, with the result that such masking or camouflage renders the proposed WCF invisible to public view, or so . compatible in appearance with surrounding uses as to be transparent in its impact on said surrounding uses. (b) Before any such variance may be considered, it shall be the burden of the applicant to file an application requesting said variance, specifying the nature of the variance requested, and providing sufficient information to clearly show that the requirements of masking, camouflaging, or co-location as specified in subsection (a) herein have been satisfied. ( c) Notice of a public hearing regarding an application for variance from those portions of this ordinance as specified herein shall be published in a newspaper of general circulation in the City no less than ten (10) days prior to the public hearing. In addition, actual notice of the proposed variance shall be given to surrounding property owners in conformance with the general notice requirements of the City Zoning Ordinance for zoning changes. All costs of the variance shall be assessed against and paid for by the applicant prior to the public hearing. (d) During the public hearing any interested person may comment on the proposed variance. No variance shall be granted except by 3/4 vote of the governing body voting in favor of the grant of said variance, in a manner consistent with Section 21-105 of the City Zoning Ordinance. Any variance granted may include such conditions or requirements associated with the grant of variance as the City Council shall deem necessary and appropriate." -4- i I ..' . . . ..' ." - . Section 7. That the sentences, paragraphs, sections, clauses, or other portions of this ordinance are hereby declared to be severable; if any sentence, paragraph, section, clause or other portion of this ordinance is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Section 8. That if any existing ordinances or parts thereof, including but not limited to those parts expressly repealed or amended as provided herein, are in conflict with the provisions of this ordinance, the same shall be repealed to the extent of such conflict only. Section 9. That this ordinance shall be effective June 1 , 2005. PASSED AND ADOPTED this 18th day of May, 2005. Mayor ATTEST: ~",Q (CX2~ ~rk APPROVED AS TO FORM: -5- '. '. ~ I