Wireless telecommunications facilities used in transmitting
and receiving signal energy are essential and promote the health,
safety, and general welfare of the citizens of the City. The purpose
of this section is to govern the placement of these facilities to:
1.
assure
that their location and use do not compromise the aesthetic quality
of the community;
2.
encourage
operators of antenna facilities and antennas to locate them in areas
where the adverse impact on the community is minimal;
3.
encourage
co-location on both new and existing antenna facilities;
4.
encourage
operators of antenna facilities and antennas to configure them in
a way that minimizes the adverse visual impact through careful design,
landscape screening, and innovative stealth techniques;
5.
enhance
the ability of antenna facilities and antennas to provide services
to the community effectively and efficiently; and
6.
promote
the aesthetic quality of the city as a significant aspect of the health,
safety, and general welfare of the community.
(Ordinance 16-65 adopted 12/6/16)
9.2.A
General Regulations
The following regulations apply to all antenna facilities and
antennas located within any district:
1.
Equipment
and Storage Building:
An equipment storage building associated
with an antenna facility or an antenna shall be screened and landscaped
as described in other sections of this ordinance, or be incorporated
into the stealth treatment so that it is consistent and complementary
with the existing structures and uses on the premises.
2.
Driveway
Surfaces:
All driveways accessing any antenna facility
site or equipment storage site shall have asphalt or concrete pavement.
3.
Lights:
No outdoor lighting shall be allowed on antennas located on
residentially zoned property except lights or lighting that is required
by the Federal Aviation Administration or the Federal Communications
Commission.
4.
Limitations:
Antenna facilities are limited to stealth facilities and monopoles
except where other facilities are allowed by this section.
5.
Antenna
Facility Capacity:
An antenna facility shall not have
more than the number and size of antennas attached to it than are
allowed by the antenna facility manufacturer’s designs and specifications
for maximum wind load requirements.
6.
Monopoles:
No guy wires are permitted with the use of monopoles.
7.
Prohibited
in Easements:
Antenna facilities constructed solely for
the purpose of supporting antennas shall not be placed in an easement.
8.
Construction
standards:
A building permit must be obtained prior to
the construction or installation of a tower, antenna, or mast. An
antenna facility must be installed according to the manufacturer’s
recommendations or under the seal of a registered professional engineer
of the State of Texas.
9.
Use
and Repair:
Antenna facilities and antennas not in use
shall be removed within 30 days following notice given by the Chief
Building Official. Antenna facilities or antennas in need of repair
as determined by the Chief Building Official, shall be removed or
brought into compliance within 30 days following notice given by the
Chief Building Official. This notice requirement shall not preclude
immediate action by the Chief Building Official if public safety requires
it.
10.
Contained
on Property:
No part of an antenna facility, antennas,
or other attachment may extend beyond the property lines of the lot
on which the antenna or antenna facility is located.
9.2.B
Amateur Radio & TV Antennas
Amateur radio and TV antennas are permitted as accessory uses
in the IH, RE, R-12, R-10, R- 8.4, R-7, MD-1, PH, TH, MF or MH zoning
districts. Amateur radio and TV antennas must comply with the following
regulations:
1.
Antenna
Facility Type:
The antenna facility may be either building
attached, a monopole, tower, or a lattice tower.
2.
Number
of Facilities per Lot:
Only one antenna facility exceeding
35 feet in height is permitted on each lot.
3.
Height
Limitations:
An antenna facility, exclusive of the height
of any antenna or mast, shall not exceed 35 feet in height; except,
that an antenna facility shall be permitted additional height at the
ratio of one added foot in height for each additional foot of setback
beyond the minimum setback required of an accessory building in the
Zoning District Regulations to a maximum height of 65 feet in a residential
district. A special exception is required for additional height.
4.
Height
Limit for Building Mounted Antenna:
An antenna shall
not extend more than eight feet above a building on which it is mounted.
5.
Setbacks:
The following minimum setbacks apply:
a.
Antennas
and antenna facilities shall not be permitted in front or side yards.
Guy wires are not permitted in front yards;
b.
Guy
wires are permitted in required side and rear yards;
c.
Setback
for antenna facilities shall be the same as is required for accessory
buildings in residential districts.
6.
Separation:
There shall be no minimum or maximum separation requirements
for antenna facilities from other structures on the same lot of record.
7.
Lights:
No outdoor lighting above 20 feet shall be allowed on antenna
facilities located on residentially zoned property, and no lights
so located shall be directed off one’s property, except lights
or lighting that is required by the Federal Aviation Administration
or the Federal Communications Commission.
9.2.C
Satellite Receive-Only Antennas Generally
A satellite receive-only antenna is permitted as an accessory
use under the following conditions:
9.2.D
Satellite Receive-Only Antennas
Satellite Receive-Only antennas greater Than One Meter in Diameter
in Residential Districts and Greater Than Two Meters in Diameter in
Nonresidential Districts are permitted as accessory uses if they comply
with the following regulations:
1.
Number
of Antennas per Lot:
Only one satellite receive-only
antenna per lot of record.
2.
Height:
not exceeding ten feet in height.
4.
Separation:
No minimum or maximum separation requirements for satellite
receive-only antennas from other structures on the same lot of record.
5.
Screening:
Satellite receive-only antennas that are mounted on the ground
shall be screened from view from adjoining properties by solid fencing
or evergreen plants to a height of a [at]least six feet. A satellite
receive-only antenna located within a fence surrounding the yard in
which the satellite receive-only antenna is located shall be considered
to be screened.
9.2.E
Placement Of Antenna Facilities
Placement of Antenna Facilities (Other Than Amateur Radio, TV,
and Satellite Receive-Only Antennas) within Land Use Thresholds: For
the purpose of determining the appropriate locations for the placement
of antenna facilities other than amateur radio, TV, and satellite
receive-only antennas, the City is divided into land use threshold
areas that require different regulations pertaining to height, location,
and type of antenna facility. These land use thresholds are defined
as follows:
1.
Interior
Industrial “II” - Property within the “I”
zoning district that is located more than 1,000 feet away from any
other zoning district.
2.
Exterior
Industrial “EI” - Property within the “I”
zoning district that is located within 1,000 feet of any other zoning
district.
3.
Full
Commercial “FC” - Property within the BC, LC, HC, I or
CBD zoning districts, which is located more than 600 feet from an
IH, RE, R-12, R-10, R-8.4, R-7, MD-1, PH, TH, MF or MH zoning districts.
4.
Undeveloped
Residential “UR” - Property within the IH, RE, R-12, R-10,
R-8.4, R-7, MD-1, PH, TH, MF or MH zoning districts, that:
5.
Edge
Commercial “EC” - Property within the BC, LC, HC, I or
CBD zoning districts, which is located within 600 feet of an IH, RE,
R-12, R-10, R-8.4, R-7, MD-1, PH, TH, MF or MH zoning districts.
6.
Wireless
Corridors “WC” - Property within, and 75 feet either side
of, the right-of-way of a freeway or a major or minor arterial roadway,
as indicated on the City’s Thoroughfare Plan.
7.
Developed
Residential “DR” - Property within the IH, RE, R-12, R-10,
R-8.4, R-7, MD-1, PH, TH, MF or MH zoning districts, which:
8.
Scenic
and Historic Overlay Districts “SL” - Property that has
been defined as the Historic Preservation District or the Historic
Compatibility District, the boundary of which has been delineated
on the zoning map.
9.2.F
Antenna Facility Impact Levels
For the purpose of determining appropriate locations for antenna
facilities, the city recognizes differing levels of impact for antenna
facilities depending upon physical location, aesthetics, and land
use compatibility. These antenna facility impact levels are defined
as follows:
1.
90-Foot
Monopole - A monopole no greater than 90 feet in height. The antenna
equipment may not extend more than 5 feet above the highest point
on the monopole.
2.
60-Foot
Monopole - A monopole no greater than 60 feet in height. The antenna
equipment may not extend more than 5 feet above the highest point
on the monopole.
3.
35-Foot
Monopole - A monopole no greater than 35 feet in height. The antenna
equipment may not extend more than 5 feet above the highest point
on the monopole.
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4.
Level
4 Stealth Facility - The antenna on a Level 4 Stealth facility is
located on an existing structure (other than an antenna facility)
including, but not limited to, a building, water tower, utility tower,
steeple, or light pole. The antenna is not screened nor hidden. For
the purpose of this level, a pole or tower may be reconstructed to
structurally hold the antenna but shall not be any higher than the
original structure that it is replacing.
5.
Level
3 Stealth Facility - The antenna on a Level 3 Stealth facility is
located on an existing structure (other than an antenna facility)
including, but not limited to, a building, water tower, utility tower,
steeple, or light pole. The antenna may be aesthetically painted,
constructed, or applied with material so that it is incorporated into
the pattern, style, and material of the structure to effectively render
the antenna unnoticeable. A new structure may be constructed to hold
or house the antenna or equipment; however, the structure must be
consistent with the overall architectural features of the primary
buildings[.]
6.
Level
2 Stealth Facility - The antenna on a Level 2 Stealth Facility is
attached to the structure in such a manner that if it is seen it appears
unrecognizable as an antenna, and the structure in which or on which
the antenna is attached is an integral part of an overall development.
7.
Level
1 Stealth Facility - The antenna on a Level 1 Stealth Facility is
attached to the structure in such a manner that the antenna is completely
unseen and the structure in which or on which the antenna is attached
is an integral part of an overall development.
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9.2.G
Antenna Facility Siting Matrix
|
Antenna Facility Siting Matrix
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Additional Height - Permitted
monopoles shown as 90 ft., 60 ft., and 35 ft. in the Antenna Facility
Siting Matrix may be increased in height up to 20 feet, if the antenna
facility is constructed to accommodate co-location. Co-location must
include area requirements for ground storage buildings, driveways,
screening, and any other accommodation that is required for the successful
operation of a multiple-user antenna facility site. The extension
of height may only occur twice to a maximum 40 additional feet.
9.2.H
Wireless Special Exception
When a special exception is required by this section for the
location of an antenna facility or an antenna, the property owner
must submit an application to the Zoning Board of Adjustment.
1.
Application:
To properly evaluate an application to locate an antenna facility
or an antenna that requires a special exception, the following information
must be provided by the applicant:
a.
Describe
the nature of the antenna site. Indicate whether the proposed structure
is a monopole or mounted to a self-supporting structure. Indicate
the proposed height.
b.
Provide
photos or drawings of all equipment, structures, and antennas.
c.
Describe
why the antenna or tower is necessary at the particular location.
d.
State
the name(s) of the telecommunication providers or other users of the
antenna or tower and describe the use to be made by each user.
e.
Indicate
if this antenna or tower site is to be connected to other sites; and
if so, describe how it will be connected and who will be the backhaul
provider.
f.
The
applicant must address whether it has made an effort to co-locate
the facilities proposed for this antenna facility on existing antenna
facilities in the same general area. Identify the location of these
existing sites, and describe in detail these efforts and explain in
detail why these existing sites were not feasible. Attach all studies
or tests performed which demonstrate why the existing sites will not
provide sufficient signal coverage. Provide written documentation
from existing sites’ owners and/or operators which confirm the
statements provided. Indicated whether the existing sites allow/promote
co-location and, if not, describe why not.
g.
Indicate
whether co-location will be allowed to other telecommunication providers
at the requested site. If they are not allowed, state every reason
and the basis of each reason.
h.
If
the requested location is in a residential district the applicant
must address whether it has made an effort to locate the facility
in a nonresidential district. Identify the location of these nonresidential
district sites, describe in detail these efforts, and explain in detail
why these nonresidential sites were not feasible. Attach all studies
or tests performed which demonstrate why the nonresidential sites
will not provide sufficient signal coverage. Provide written documentation
from nonresidential district sites’ owners or operators which
confirm the statements provided.
i.
Indicate
the proposed provider’s current coverage area for the City.
Attach maps showing the areas the proposed provider’s existing
antenna currently covers, the areas the applicant’s existing
sites and the requested site would cover.
j.
Describe
the applicant’s master antenna facilities plan for the City.
Attach maps and other related documentation. Provide information indicating
each phase of the plan.
k.
Describe
the applicant’s plan to minimize the number of antenna facilities
needed to cover the City.
l.
Indicate
the proposed height of the antenna facility.
m.
Provide
the zoning district and the adjoining zoning districts of the property
for which the Special Exception is sought.
2.
Consideration
of application.
In considering whether to grant a Special
Exception, the Zoning Board of Adjustment shall consider the following:
(Ordinance 16-65 adopted 12/6/16)
