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HomeMy WebLinkAboutORD 97-42 - Wireless CommunicationORDINANCE NO. 1? d � Z`0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING ORDINANCE NO. 97-33 PASSED AND ADOPTED ON THE 12TH DAY OF AUGUST 1997, BY REVISING SECTION 14.A AND 14.8, REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, there was some ambiguity as to the whether or not wireless communication providers could locate on certain existing towers, and WHEREAS, the City Council of Georgetown, Texas intends to minimize the number of WCF towers in Georgetown and encourage the collocation of wireless communication equipment on existing structures, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION I . The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following policies of the Century Plan: A. Urban Design Policy 13.0 which states, "Georgetown has a positive, identifiable image and an attractive appearance"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. Ordinance 97-33 of the City of Georgetown, Texas, is hereby amended by changing the following sections to read as follows: Section 14.A The requirements of this part of the Zoning Ordinance apply to all new WCFs after the date of adoption and the expansion and/or Alteration of any existing WCFs; provided that an in-kind or smaller replacement of transmission equipment will require only a written notification to the City. Section 14.13 A WCF which was in existence on the date of final passage of this part of the Zoning Ordinance shall not be required to be removed or relocated in order to meet the minimum distance re- quirements of this part of the Zoning Ordinance due to subsequent platting of a residential lot nearer to the WCF than the distance requirements of this Section. However, any Alteration to existing WCFs shall require compliance with the applicable provisions of this part of the Zoning Ordinance. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. Any person(s) or firm or corporation who shall violate any provision of this ordinance, or shall fail to comply therewith, shall be deemed guilty of a Class C misdemeanor, and upon conviction thereof, shall be punishable. Each day a violation shall continue shall be deemed to be a separate offense to the maximum fine allowed by State law for Class C misdemeanors. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. - PASSED AND APPROVED on First Reading on the day of�� , 1997. PASSED AND APPROVED on Second Reading on the day of e- 1997. ATTE , T . Sandra Lee, City Secretary APPROVED AS�TO FORM: Marianne Landers Banks City Attorney THE CITY OF GEORGETO Leo Wood, Ma