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ORDINANCE NO. 198 5~~,~ r a„\ ~ ~;~17'Y
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, CODIFIED AS ARTICLE VI, CHAPTER 17 OF THE
KENNEDALE CITY CODE (1992), AS AMENDED; PROVIDING
REGULATIONS FORTHE PLACEMENT OF SATELLITE ANTENNAS AND
DISHES; PROVIDING DEFINITIONS; REQUIRING SPECIAL EXCEPTIONS
FOR CERTAIN ANTENNAS AND ANTENNA FACILITIES; 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 Kennedale 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, communication technology has led to the proliferation of satellite
antennas and dishes throughout metropolitan areas and it has become necessary for cities
to regulate their location in order to protect residential neighborhoods and to prevent
unsightliness; and
WHEREAS, the City Council deems it necessary to adopt specific regulations for
the placement of satellite antennas; and
WHEREAS, the City Council has given published notice and held public hearings
with respect to these amendment as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1
Article VI, Chapter 17 of the Kennedale City Code is hereby amended by adding a
new Section 17-417, "Satellite Antennas", to read as follows:
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Section 17-417.
(a) Definitions.
Satellite Antennas.
For purposes of this section, the following words and terms shall have the meanings
written below:
Residential zoning district -Any property zoned R-1, R-2, R-3, D, or MH.
Satellite Antenna - Also known as a "dish" antenna. Adish-shaped device designed for
television or video communications through the sending or receiving of electromagnetic
waves, or used to link communications sites together by wireless transmission of voice or
data, utilizing electromagnetic radiation frequencies from 3 GHz to 300 GHz, and using
relatively low transmitter power levels when compared to other forms of transmission.
Satellite Antenna Facility - A building or independent support structure (including, but not
limited to, monopoles and lattice towers) used for mounting satellite antennas, along with
an associated and necessary equipment building.
Satellite Receive-Only Antenna - A satellite antenna that enables the receipt of television
or video signals transmitted directly from satellites to be viewed on a television monitor.
Such antennas are commonly known as a satellite dish, television receive-only antennas,
dish antennas, parabolic antennas, satellite earth station antennas, or wireless cable
dishes.
Satellite Transmission Antenna - A satellite antenna that enables the transmission of
signals, and includes both satellite transmission-only antennas and satellite antennas
which both transmit and receive.
(b) Purpose.
The purpose of these regulations is to establish general guidelines for the siting of
satellite antennas. These regulations are designed to:
(1) consider the public health and safety of satellite antenna facilities;
(2) protect residential areas and land uses from potential adverse
impacts of satellite antennas;
(3) encourage the location of satellite antenna facilities in non-residential
areas;
(4) minimize the total number of satellite antenna facilities throughout the
community;
(5) encourage users of satellite antenna facilities to locate them, to the
extent possible, in areas where the adverse impact on the community
is minimal;
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(6) encourage users of satellite antenna facilities to configure them in a
way that minimizes the adverse visual impact of the facilities through
careful design, siting, landscape screening, and innovative
camouflaging techniques;
(7) enhance the ability of the providers of telecommunication services to
provide such services to the community quickly, effectively, and
efficiently; and
(8) avoid potential damage to adjacent properties from satellite antenna
failure through engineering and careful siting of facilities.
(c) Location of Satellite Antennas.
Satellite antennas (whether receive-only or transmission) are permitted as follows:
Size of Antenna District Where Permitted
one meter or less in diameter all zoning districts, as an
accessory use
greater than one meter but not non-residential districts, as an
more than two meters in accessory use
diameter
residential districts, with a
special exception
more than two meters in all zoning districts, with a
diameter special exception
(d) Governmental Antennas.
Notwithstanding anything in this ordinance to the contrary, governmental satellite
antennas shall be allowed as an accessory use in all zoning districts regardless of the size
of the antenna.
(e) Written Report Upon Denial Of Request.
The City of Kennedale shall document any denial of a request to place, construct,
or modify satellite antennas in writing, stating the reason for denial and including
substantial evidence that supports the denial.
SECTION 2
Section 17-430 of the Kennedale City Code is hereby amended by adding the
following special exception use to paragraph (g), "Authorized Special Exceptions":
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SPECIAL EXCEPTIONS DISTRICTS
WHERE
PERMITTED
b. Satellite antennas (whether receive only or ALL DISTRICTS
transmission) that exceed one meter in diameter in a
residential zoning district or two meters in diameter in a
non-residential zoning district, subject to the following
conditions:
1. A satellite antenna may be placed on the roof of
a residential structure provided it is not placed on
the side of the roof that faces a public street
unless this would cause an unreasonable
increase in the cost of installing, maintaining or
using the antenna or would prevent reception of
an acceptable quality signal. A satellite antenna
may be placed on the roof of anon-residential
structure if screened from public view from line of
sight at ground level from the property line.
2. Set backs:
Front and side: The satellite antenna shall not be
permitted in front or side yards;
Rear: The satellite antenna shall be permitted in
the rear yard provided it meets the minimum
setback as is required for accessory buildings in
residential districts and as for all buildings in non-
residential districts;
3. Satellite antennas shall not be permitted in
easements;
4. Lights: No auxiliary or outdoor lighting shall be
allowed on the satellite antenna except such
lights or lighting as may be required by the
Federal Aviation Administration or the Federal
Communications Commission;
5. No part of an antenna, or any attachment thereto
may extend beyond the property lines of the
owner of such antenna site.
SECTION 3
This ordinance shall be cumulative of all provisions of ordinances and of the Code
of Ordinances of the City of Kennedale, Texas (1992), as amended, except where the
provisions of this ordinance are in direct conflict with the provisions of such ordinances and
such Code, in which event the conflicting provisions of such ordinances and such Code are
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hereby repealed. Section 17-3 is hereby specifically repealed.
SECTION 4
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 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 5
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 6
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of Section 17-3 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 7
The City Secretary of the City of Kennedale is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
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operative provisions of this ordinance as so published shall be admissible in evidence in
all courts without further proof than the production thereof.
SECTION 8
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale, the caption, penalty clause, publication clause
and effective date clause of this ordinance one (1) time within ten (10) days after the first
reading of this ordinance as required by the Charter of the City of Kennedale.
SECTION 9
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.
PASSE4 AND APPROVED THIS
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14 DAY OF September , 2000.
MAYOR
CITY SEC TARY
EFFECTIVE: y~d' ~
APPROVED AS TO FORM AND LEGALITY:
GJ,~O.~-
City Attorney
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INVOICE
Star- Telegram
Customer ID:
CIT33
400 W. 7th Street
Invoice Number:
175429131
FORT WORTH, TX 76102
Invoice Date:
7/5/00
(817) 390 -7761
Federal Tax ID 22- 3148254
Terms
Net due in 21 days
Due Date:
7/31/00
Bill To:
PO Number:
CITY OF KENNEDALE
Order Number:
17542913
PO BOX 268
KENNEDALE, TX 76060 -0268
Sales Rep:
073
Description:
NOTICE OF PUBLI
Publication Date:
7/5/00
Description - -°
I,ocaon ` :: C+nl Depth LI<nage = °MU t2ate :Amount ,
NOTICE OF PUBLIC HEARING The C
I358 1 48 48 LINE
$5.79 $277.92
Sales Discount
THE STA E OF
County o� i arran
Before me, a Not
Telegram, publisl
attached dipping
SUBSCRI-b'ED Ai•
Thank You F or i our rayment
Remit To: Star - Telegram
P.O. Box 901051
FORT WORTH, TX 76101 -2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT33
CITY OF KENNEDALE
175429131
$62.40
ar-