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Home My WebLink About827 02-26-1985ORDINANCE NO. 827 AN ORDINANCE AMENDING ORDINANCE NO. 347, SAME BEING THE COMPREHENSIVE ZONING CODE OF THE CITY OF EULESS TO PROVIDE LIMITA- TIONS ON TYPE AND LOCATION OF SATELLITE TELEVISION RECEPTION DISHES; AND AMEND- ING CHAPTER FOUR, "BUILDINGS AND STRUC- TURES" OF THE CODE OF ORDINANCES, CITY OF EULESS, TO REQUIRE A PERMIT FOR THE INSTALLATION OR ERECTION OF SATELLITE TELEVISION RECEPTION DISHES; SETTING A PERMIT FEE; PROVIDING A PENALTY FOR VIOLATION THEREOF; PROVIDING AN EF- FECTIVE DATE; AND PROVIDING A SEVER - ABILITY CLAUSE. WHEREAS, the utilization of earth based stations for the reception of satellite signals is becoming increasing common place, especially for television reception, and WHEREAS, it is the desire of the City of Euless to both permit reasonable use by property owners of their property while protecting the rights of neighbors and others within the community from unsightly intrusion; and WHEREAS, the City of Euless, Texas, being aware of its duty to protect the health, safety and welfare of its citizenry; and WHEREAS, the City Council of the City of Euless, Texas, has determined that the construction, use and maintenance of cer- tain types of satellite reception facilities do create un- sightly and dangerous situations to the health, safety and welfare of the citizenry; and WHEREAS, the Euless City Council desires to regulate the construction, use and maintenance of satellite reception sta- tions and their attendant equipment within certain districts of . the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY EULESS TEXAS. I. Section 7 -101, entitled "Uses Permitted" and applicable to R -1 and other residentially zoned districts is hereby amended by the revision of subsection (8) thereof and the addition of a new subsection (9) thereto, which subsections are herewith revised or added to be and read as follows: (8) Public utility lines and installations, public or privately owned local transit station or turnaround; radio, tele- vision or microwave towers or receivers (except satellite television reception dishes as herein authorized); telephone exchange switching and transmitting on- ly (no business office, storage or re- pair shops) ; water storage, elevated and ground tanks. (9) Satellite television reception dishes, ground- mounted only, with a diameter not greater than ten (10) feet and which, when the circumference is turned per- pendicular to the ground, shall not extend more that twelve (12) feet above ground level when located not less than eighty ( 80 ) feet from the front property line nor less than six ( 6 ) feet from any other property line and provided that same shall be screened as provided and required in Section 10 hereof. No let- tering, logo, or any form of advertising or other writing shall appear on the face or back of such reception dishes, except the name of the manufacturer, distributor or seller of such reception dish. II. Section 7 -401, entitled "Uses Permitted" and applicable to C -1 and other commercially zoned districts is hereby amended by the addition of a new subsection (11) thereto, which sub- section shall hereafter be and read as follows: (11) Satellite television reception dishes with a diameter not greater than four- teen (14) feet and which, when the cir- cumference is turned perpendicular to the ground, shall not extend more than fifteen (15) feet above the vertical base of such reception dish mount whether mounted upon the roof of a building or ground- mounted. If ground- -2- ORDINANCE NO. 827, PAGE TWO OF FIVE mounted, same shall be screened as pro- vided and required in Section 10 hereof. As with all other structures in such district, same shall not be located nearer than the front building set -back line applicable to such property. No lettering, logo or any form of adver- tising or other writing shall appear on the face or back of such reception dishes, except the name of the manu- facturer, distributor or seller of such reception dish. III. Section 7 -1002, entitled "Specific Use Schedule ", is herewith amended by the addition of a new subsection (55) which subsection shall hereafter be and read as follows: (55) USE PERMISSIVE DISTRICT Satellite tele- vision reception dish other than as authorized herein All districts IV. Screening Section 10 -103, entitled "Location of Required Screening" is hereby amended by the addition of a new subsection (6) thereto, which subsection shall hereafter be and read as follows: (6) All ground- mounted satellite television reception dishes authorized herein without special use permit, wherever located, shall be visually screened to • height of not less than six ( 6 ) feet by • screening wall or fence, or by exist- ing structures, trees, shrubs or other landscape screening on all sides to pro- vide a solid visual barrier. If trees, shrubs or other landscape screening are used, such shall be maintained in a healthy, growing condition. -3- ORDINANCE NO. 827, PAGE THREE OF FIVE V. Unless a special use permit be earlier granted, all satellite television reception dishes currently located within the City of Euless, Texas, upon the effective date hereof shall be required to be brought into conformity with the provisions hereof within two (2) years from the effective date hereof. All such satellite television reception dishes located within the corporate limits of the City of Euless, Texas, therefor, unless otherwise permitted by a specific use permit, shall be in compliance herewith two (2) years from the effective hereof. VI. CHAPTER 4, "Buildings and Structures" of the Code of Ordinances, City of Euless, is hereby amended by the addition of an Article VII, "Satellite Television Reception Dishes" thereto, which Article shall hereafter be and read as follows: ARTICLE VII. SA^lELLITE TELEVISION RECEP- TION DISHES Sec. 4 -140. Permit - Required; Fees. (a) No person shall erect or install any satellite television reception dish un- til such person shall have obtained a permit therefor from the Euless Building Inspector. (b) No permit shall be issued unless the applicant has first paid therefor to the Euless Building Inspector, the applic- able fee. VII. The permit fee shall be as established from time to time by appropriate Minute Order of the Euless City Council. VIII. Penalty for Violation. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $1,000.00. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. -4- ORDINANCE NO. 827, PAGE FOUR OF FIVE IX. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. X. 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 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 sec- tion. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 8th day of January , 1985; by a vote of four ayes, zero nays and zero abstensions; GIVEN SECOND READING AND APPROVED at a regular meeting of the Euless City Council on the 26th day of February , 1985, by a vote of three ayes, two nayes and zero abstentions. APPROVED: , Harold Samuels, Mayor ATTEST: APPROVED AS TO FORM:,_J y ORDINANCE NO. 827, PAGE FIVE OF FIVE -5-