The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alteration.
means any modification, replacement or reconstruction that increases the height or materially increases the dimension of a tower structure.
Antenna.
means a device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission and/or receipt of electromagnetic waves.
Camouflage design or camouflage tower.
means the design of a tower or tower structure that blends into the surrounding environment and is visually unobtrusive. Examples of a camouflage design or tower are architecturally screened, roof-mounted antenna/array/equipment, building-mounted antenna/array/equipment that is painted and treated as an architectural element to blend with the existing building, designs that conceal the antenna/array/equipment, man-made trees, clock towers, bell towers, steeples, light poles and similar alternative-design mounting structures.
FAA.
means the Federal Aviation Administration.
FCC.
means the Federal Communications Commission.
Grade.
means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building or structure and a line five feet from the building or structure.
Height of the building.
means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of the building:
(1) 
The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when the sidewalk or ground surface is not more than ten feet above the lowest grade.
(2) 
An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection (1) of this definition is more than ten feet above lowest grade.
The height of a stepped or terraced building is the maximum height of any segment of the building.
Height of the tower.
means the vertical distance between the finished grade at the base of the tower or the lowest point of contact with the building, and the highest point of the tower structure, excluding the antenna, if any.
High mast light structure.
means a fixed, freestanding uninhabitable structure of a minimum height of 100 feet, specifically designed to carry light fixtures, that is built on land on, along or adjacent to streets, roads, highways and bridges maintained by the state or a political subdivision of the state.
Park.
means property of the state or of any political subdivision thereof that is designated for or restricted to use by the public for park purposes.
Public utility.
means any person, company, corporation, cooperative corporation, partnership or any combination thereof that is subject to both a municipal franchise agreement and the comprehensive regulatory system established by and defined in the Texas Public Utility Regulatory Act, that owns or operates for compensation equipment or facilities for:
(1) 
Producing, generating, transmitting, distributing, selling or furnishing electricity; or
(2) 
The conveyance, transmission, or reception of communications over a telephone system as a dominant carrier.
The term “public utility” shall not include, as is defined in the Public Utility Regulatory Act, telegraph services, television stations, radio stations, community antenna television services, general radio-telephone services or radio-telephone services authorized under the public mobile radio services rules of the Federal Communications Commission, or private water companies.
Residence.
means any permanent building or structure containing habitable rooms for nontransient occupancy, designed and used primarily for living, sleeping, cooking and eating, which is intended to be used or occupied as a dwelling place for residential purposes, whether or not attached, including homes, town homes, patio homes, duplexes, triplexes, quadraplexes, condominiums and apartments. Multi-unit complexes shall be included at a ratio of one-eighth acre of land, or any fraction thereof, as being equivalent to one residential tract. For purposes of calculating the ratio of multi-unit complex acreage to residential tracts, only that portion of the multi-unit complex acreage within the residential test area shall be considered. Hotels, motels, boardinghouses, group homes, halfway houses, nursing homes, hospitals, nursery schools, schools and child-care facilities shall not be considered residences. A building or structure located on a lot or tract of land used as the site of a tower shall not be considered a residence so long as its primary use is to contain, house, store and protect materials or equipment directly related to the purpose and use of the tower.
Residential.
means pertaining to the use of land for a residence as is defined in this section.
Residential area.
means the area around a proposed tower site that, within the residential test area, contains 50 percent or more tracts wholly or partially therein that are in use for residential purposes.
Residential lot.
means a lot upon which a residence exists, or a lot within a recorded platted subdivision which is subject to enforceable, valid and unexpired deed restrictions which limit the use of such lot to residential purposes.
Residential test area.
means the circular area, as described herein, surrounding a proposed tower structure. The radius of the circle shall be at least 375 feet and not more than 800 feet, and the center of the circular area shall correspond to the center of the base of the proposed tower structure. The radius of the circular area shall conform to the following ratios:
(1) 
Three hundred and seventy-five foot radius at a tower height of 100 feet or less;
(2) 
Six hundred foot radius at a tower height of more than 100 feet but not more than 150 feet; and
(3) 
Eight hundred foot radius at a tower height of more than 150 feet.
Setback area.
means the circular area surrounding a proposed tower structure and which delineates the area between the site of the proposed tower and the nearest residential structure.
Subdivision.
means all land encompassed within an area described and depicted on one or more maps or plats thereof, within the city, that is divided into two or more parts and are recorded in the deed, plat, or other real property records of the county.
Tower or tower structure.
means a fixed, freestanding or guyed, uninhabitable structure, not designed as a shelter or to be occupied for any use. This definition shall include, but not be limited to, any such structure supporting antennas that transmit or receive any portion of the electromagnetic spectrum of radio waves. The following are, by way of example but not limitation, towers or tower structures: guyed or freestanding monopole structures, lattice or open framed structures, antenna supports, water towers, and other similar self-supporting, trussed or open framed structures.
Tract.
means a contiguous parcel of property under common ownership.
(1991 Code, sec. 20-170; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-312)
(a) 
An application for a tower permit shall be submitted to the city manager and approved in accordance with the provisions of this article prior to the construction, placement or alteration of any tower or tower structure, as defined in this article and not specifically excluded herein, that is located within the boundaries of the city.
(b) 
A tower permit shall not be required for any tower repaired, replaced or modified with no resulting increase in height or dimension and any tower repaired, replaced or modified in order to comply with the requirements of any statute, regulation, order or rule of the FCC, the FAA or any other federal, state or governmental agency or authority.
(c) 
Notwithstanding any other provision of this article, the owner of an antenna tower for which a tower permit and building permit were issued prior to May 14, 1998, may, without obtaining a new permit, upon written notice to the city manager, replace the tower with a new tower if the new tower structure complies with the requirements of sections 4.08.005 through 4.08.009 and:
(1) 
Is specifically designed to accommodate additional antenna arrays;
(2) 
Is not higher than the tower structure being replaced;
(3) 
Is not more than 50 feet from the location of the tower structure being replaced; and
(4) 
The center of the tower structure is no closer to the nearest residence than the center of the tower structure it replaces.
The new tower structure shall be assigned the same permit number as the tower structure it replaces. A tower structure may be replaced only once under this subsection (c).
(1991 Code, sec. 20-171; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-313)
This article shall not apply to the following structures:
(1) 
Church bell towers and religious symbols associated with a place of worship;
(2) 
Tower structures less than 60 feet in height;
(3) 
Tower structures that are attached to, placed upon or constructed on top of a building provided that the height of the tower structure does not exceed 60 feet or the height of the building upon which the tower is constructed, whichever is less;
(4) 
Tower structures on real property owned, leased, held or used, or dedicated for use by a public utility for rendering its service, such as tower structures used primarily for the transmission of electrical power by a public utility or the conveyance of communications over a telephone wire-line system operated by a public utility;
(5) 
High mast light structures or antennas built on land on, along or adjacent to streets, roads, highways and bridges maintained by the state or a political subdivision of the state;
(6) 
Tower structures constructed or placed on land or other structures owned, leased, held or dedicated for use by the state or federal government or any political subdivision thereof, which land or other structures are used by the governmental entity primarily for rendering of fire, police or other public protection services or utility services, whether or not the tower structure is used jointly by the governmental entity and any other public or private person or entity for other and additional public or private purposes; and
(7) 
Temporary tower structures used as or in conjunction with construction cranes.
(1991 Code, sec. 20-172; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-314)
(a) 
A tower permit shall not be approved for the construction or alteration of a tower structure in a residential area.
(b) 
A tower permit shall not be approved for the construction or alteration of a tower structure unless the proposed tower structure is located a distance at least equal to the applicable setback area established by subsection (d) of this section.
(c) 
A tower permit shall not be issued for the construction or alteration of a tower structure in a park or on a tract adjacent to a park.
(d) 
A tower permit shall not be approved for the construction or alteration of a tower structure unless the distance between the center of the base of a tower and the nearest residential lot is at least 1-1/2 times the height of the tower or tower structure. The foregoing measurement shall be made to the nearest point on the property line of the residential lot.
(e) 
A tower permit shall not be approved for the construction or alteration of a tower structure within 1,000 feet of an approved tower structure, other than a tower structure for which a permit would not be required under this article. For purposes of this requirement, a tower is considered to be “approved” when a tower permit has been issued pursuant to this article and the tower structure has been constructed or any building permit issued thereunder remains in effect. The city manager shall promulgate rules and procedures for establishing precedent [precedence] to the extent of conflict between two or more tower structures.
(f) 
Property uses and distances referred to in this section shall be determined as of the date and time that the completed tower permit application is filed.
(1991 Code, sec. 20-173; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-315)
Each antenna tower structure for which a permit is approved and issued shall be designed, engineered and constructed to accommodate the placement of a minimum of two antenna arrays. This requirement shall not apply to a camouflage tower.
(1991 Code, sec. 20-174; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-316)
(a) 
The base of a tower shall be completely enclosed by a fence, wall or barrier which limits climbing access to the tower and any supporting systems, lines, wires, buildings or other structures.
(b) 
The fence, wall or barrier required by subsection (a) of this section shall not be less than eight feet in height with no openings, holes or gaps larger than four inches measured in any direction. Gates and doors opening directly into the area enclosed by a fence, wall or barrier, as required by this section, shall be equipped with a lock to keep and capable of keeping the doors or gates securely closed and locked at all times.
(c) 
The requirements of this section do not apply to:
(1) 
Any tower located on a building that is not designed or built primarily to support the tower, provided that the general public has no physical access to the tower; or
(2) 
Existing tower sites having security fences at least six feet in height.
(1991 Code, sec. 20-175; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-317)
(a) 
The base of a tower, including all mechanical equipment and accessory structures, shall be screened from view of residential lots by a wooden, substantially opaque screening fence designed and built to provide privacy, with a minimum height of eight feet.
(b) 
The screening fence may contain gates or doors allowing access to the tower and accessory structures for maintenance purposes, which shall be kept completely closed except for maintenance purposes and shall be located a minimum of 18 feet from the public right-of-way.
(c) 
The requirements of this section do not apply to:
(1) 
Any tower constructed or placed a distance of more than two times the height of the tower structure from all residential lots; or
(2) 
Any tower located on a building that is not designed or built primarily to support the tower, provided that the general public has no physical access to the tower.
(d) 
When both section 4.08.006 and this section are applicable, a single fence conforming to all applicable requirements of both sections may be provided.
(1991 Code, sec. 20-176; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-318)
(a) 
A tower site shall have landscaping maintained in a healthy, growing condition at all times and in compliance with all applicable ordinances and regulations.
(b) 
At a minimum, a tower site shall have one large bushy evergreen shrub, capable of reaching a minimum height of four feet, for each four linear feet of required screening fence; provided that not less than eight large shrubs shall be provided for each tower site. The shrubs required by this subsection shall be installed at the tower site along the exterior side of the screening fence required in section 4.08.007.
(c) 
At a minimum, a tower site shall have one evergreen tree, with a minimum caliper of four inches, for each 50 linear feet of required screening fence; provided that not less than one such tree shall be provided for each public or private street which borders the tract upon which such tower is located.
(d) 
The person or entity in whose name the tower permit is issued shall have complete responsibility for the maintenance of all landscaping required by this section.
(e) 
Any tower site excluded from the screening requirements of [by] section 4.08.007(c) shall also be excluded from the landscape requirements of this section for which any amount of linear footage of screening fence is required.
(1991 Code, sec. 20-177; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-319)
(a) 
Lettering, signs, symbols, images or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall not be placed on or affixed to any part of a tower, antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law.
(b) 
A tower or tower structure shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required by law or regulation, a design that minimizes disturbance to any adjacent residence, to the fullest extent practicable while still achieving compliance with such law or regulation shall be utilized.
(1991 Code, sec. 20-178; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-320)
(a) 
Each application for a tower permit shall be submitted to the city manager. The applicant shall, with the filing of the completed tower permit application, submit payment of the appropriate tower permit fees established by the city manager and approved by city council that are calculated to reasonably cover the expenses of administering the provisions of this article.
(b) 
The application shall not be considered complete unless accompanied by any drawings, descriptive data, filing fees, ownership information, and other pertinent data that may be required by the city manager. Each application for a tower permit or for a waiver shall include envelopes addressed to the owners and a complete list of those owners, as is indicated by the most recently approved tax rolls, of all properties within the residential test area of the proposed tower site.
(c) 
In the event that any of the required documentation, data, reports or drawings contain any false or erroneous information known to the applicant, then any permit issued pursuant to that false or erroneous information shall be void with the same force and effect as if it had never been issued.
(d) 
The city manager shall issue a permit for construction, placement or alteration of a tower only if it meets the requirements of this article.
(e) 
On or before the 30th calendar day following the filing of the required application, the city manager shall issue to the applicant a written notice of disapproval or preliminary approval of the tower permit. Any notice of disapproval of a tower permit application must include a written report explaining in detail the reasons for disapproval. Any preliminary approval shall be subject to the protest provisions of section 4.08.013 and, if no protest is timely filed thereunder, shall become a final approval on the business day next following the close of the protest period. The issuance of a written notice to the applicant shall be complete upon the deposit of the properly addressed notice in the United States mail, first class postage paid.
(1991 Code, sec. 20-179; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-321)
(a) 
The notice requirements of this section apply only to applications for tower permits for the construction, placement or alteration of towers subject to the requirements of this article and for waivers from the requirements of this article. When an application for waiver is not filed as part of the original application for a tower permit, the notice requirements of this section apply separately to the waiver application.
(b) 
The applicant for a tower permit shall post and use best efforts to maintain a sign on the subject tower site for a minimum of 30 calendar days beginning no later than the sixth calendar day following the date of the filing of the required completed application with the city manager. The sign shall be posted no more than 15 feet from the public right-of-way that is used as access to the tower site. The sign shall face each public right-of-way bordering the tower site and the lettering on the sign shall be legible from the public right-of-way. Each sign shall be a minimum of four by eight feet in size, with lettering that complies with specifications promulgated by the city manager. The sign shall contain at a minimum the following items of information:
(1) 
The proposed site of a tower;
(2) 
The proposed maximum height above grade of the proposed tower;
(3) 
The tower permit application number assigned to the project by the city manager; and
(4) 
The telephone number at the city where additional information concerning the project may be obtained.
The applicant shall remove the sign from the subject tower site after the permit is obtained or the appeals process is complete.
(c) 
If, in the opinion of the city manager, compliance with the requirements of this section is insufficient to provide adequate notification of the pending tower permit application, the city manager may require additional signs to be erected at locations as he deems advisable.
(d) 
Written notice of the filing of each application for a tower permit or an application for a waiver, as provided for herein, shall be given to all property owners within the boundaries of the residential area or setback area, as applicable, determined in accordance with the provisions of section 4.08.004(d), as is indicated by the most recently approved tax rolls. Notice shall also be given to any civic organization, property owners’ association, or any other interested group, with [within] identifiable boundaries, provided that the organization, association or group is registered with the department in a manner prescribed by the city manager. Notice to all owners of record and civic organizations registered with the department shall be deemed given if properly addressed and deposited in the United States mail, with first class postage paid. The required written notice shall be in a form prescribed by the city manager and shall be mailed no later than the tenth calendar day following the filing of the required completed application. The written notice shall include a map showing the proposed tower site and the surrounding residential test area or setback area, as applicable.
(e) 
Written notice shall be published at least once, in the official city newspaper, by the applicant, not later than the seventh calendar day following the date of filing of the required completed application. The notice shall be published in the section of the newspaper in which other legal notices are commonly published, and shall be headed with the following words (or their reasonable equivalent), in conspicuous type: “NOTICE OF PROPOSED TOWER CONSTRUCTION.” The notice shall state the height and location of the proposed tower site, describe the intended use of the tower, and advise that additional information may be obtained by writing or calling the office of the city manager.
(f) 
The written notice required in subsection (d) of this section shall include at a minimum the following:
(1) 
The name, address and telephone number of the person or entity that will own the proposed tower structure;
(2) 
The name, address and telephone number of the applicant if different from the owner of the proposed tower;
(3) 
The approximate proposed location of the tower structure, including the street address (or nearest street intersection) and the name of the subdivision or survey if there is no recorded subdivision;
(4) 
The proposed use of the tower structure and site;
(5) 
The proposed maximum height above grade of the proposed tower structure; and
(6) 
That additional information may be obtained by writing or calling the office of the city manager.
(g) 
The applicant shall be responsible for paying all costs associated with the giving of notice under this article.
(1991 Code, sec. 20-180; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-322)
(a) 
An application for a tower permit shall not be approved for a tower that is not in conformance with the regulations prescribed in this article unless a written application for a waiver has been submitted to and approved by the city council.
(b) 
An applicant for a tower permit who receives written disapproval from the city manager may elect to submit a written application for a waiver to the city council or may appeal the denial of the permit as provided in section 4.08.013. An application for a waiver from the requirements of this article may be filed simultaneously with the filing of the application for a tower permit. An application for a waiver made after the disapproval of the tower permit by the city manager shall be submitted not later than 2:00 p.m. on the seventh calendar day following issuance of the notice of disapproval. The city manager shall waive this deadline upon a finding of good cause.
(c) 
An application for a waiver shall be submitted in the manner prescribed by the city manager citing the specific provision of this article from which a waiver is desired, the extent of the waiver sought, and the specific facts or reasons why the waiver is necessary along with all supporting information or documentation.
(d) 
The city council may consider and grant a waiver from the provisions of this article, following a public hearing thereon, when it finds that each of the following conditions exist:
(1) 
That a literal application of this article will result in undue and unnecessary hardship to the applicant, taking into account any federal or state licenses the applicant may have received to conduct its business;
(2) 
The waiver, if granted, will not be contrary to the public interest as implemented in this article;
(3) 
Consistent with the city’s police power authority over towers, the waiver, if granted, will not be detrimental to the public health, safety or welfare;
(4) 
The waiver, if granted, will not result in a violation of any other applicable ordinance, regulation or statute enforceable by the city; and
(5) 
The waiver, if granted, will not result in the violation of an applicable deed restriction or the location of a tower in a park.
(e) 
A waiver from the requirements of section 4.08.004(e) for an antenna tower shall not be granted unless, in addition to finding that each of the conditions expressed in subsection (d) of this section is satisfied, the city council, after public hearing, finds that no approved tower or tower structure can accommodate the applicant’s proposed antenna because the applicant has demonstrated any of the following:
(1) 
The approved tower or tower structure located within 1,000 feet of the proposed tower will not meet the applicant’s engineering requirements;
(2) 
The approved tower or tower structure located within 1,000 feet of the proposed tower is not of sufficient height to meet the applicant’s specific engineering requirements;
(3) 
The approved tower or tower structure located within 1,000 feet of the proposed tower does not have sufficient structural strength and cannot reasonably be reinforced to provide sufficient structural strength;
(4) 
The antenna array of the approved tower or tower structure located within 1,000 feet of the proposed tower would cause electromagnetic interference with the antenna array of the proposed tower, or the antenna on the proposed tower or tower structure to be located within 1,000 feet of the approved tower would cause interference with the antenna array of the approved tower;
(5) 
The approved tower or tower structure located within 1,000 feet of the proposed tower is not adaptable to accommodate additional antenna arrays or the costs required to share or adapt the approved tower or tower structure are unreasonable;
(6) 
The approved tower or tower structure located within 1,000 feet of the proposed tower is not available for collocation because the owner of the approved tower or tower structure or the owner of the tract on which the approved tower or tower structure is located refuses to agree to reasonable terms necessary to accommodate the requirements for the proposed antenna; or
(7) 
The approved tower or tower structure located within 1,000 feet of the proposed tower is not suitable for the specific requirements for the proposed antenna due to other factors as demonstrated by the applicant, taking into account any federal or state licenses the applicant may have received to conduct its business.
(f) 
The procedures prescribed in section 4.08.013(c) and (d) shall govern the hearing required on an application for a waiver.
(1991 Code, sec. 20-181; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-323)
(a) 
Any property owner, association or group within the residential area or setback area, as applicable, who has reasonable grounds to believe that approval of an application for a tower permit, the granting of a waiver or the proposed construction will violate any applicable restriction, rule, regulation or ordinance may request a hearing before the city council to protest and present evidence establishing their allegations. The hearing request must state the specific grounds relied upon and be presented to the office of the city manager no later than 2:00 p.m. on the 27th calendar day following the date of filing of the required completed application for a tower permit or waiver, as applicable. Copies of all supporting documents, instruments or other materials that are to be presented to the city council shall accompany the hearing request and shall be available for inspection and photocopying.
(b) 
An applicant for a tower permit that has been denied by the city manager has until 2:00 p.m. on the seventh calendar day following the issuance of a notice of disapproval to file a written notice of appeal in the manner prescribed by the city manager. The city manager may waive this requirement upon a finding of good cause.
(c) 
Notice of the time, place and location of the public hearing at which the protest or appeal is to be presented shall be given by the city secretary before the tenth day before the date of the hearing by:
(1) 
Publication in the official city newspaper;
(2) 
Written notice delivered to the applicant, which shall be served by depositing the same, properly addressed and postage paid, in the United States mail, first class postage; and
(3) 
Written notice delivered to each property owner, association or group, registered with the city manager, having an interest in property within the setback area. The written notice shall be served by depositing the same, properly addressed and postage paid, in the United States mail, first class postage.
(d) 
All properly filed appeals and protests concerning the approval or disapproval of an application for a tower permit or the granting or refusal of an application for a waiver for a particular project shall be considered by the city council in a single public hearing. The public hearing shall be scheduled by the city manager at the next available city council meeting, assuming that proper notice has been given.
(e) 
The city council, following a public hearing thereon, may deny a tower permit that is the subject of a protest under subsection (a) of this section upon finding, based on substantial evidence, any of the following:
(1) 
The tower permit, if granted, will result in the violation of an applicable rule, regulation or ordinance enforceable by the city;
(2) 
The tower permit, if granted, will result in the violation of an applicable deed restriction; or
(3) 
The information contained in the application is erroneous or the city manager’s analysis of the permit application was based on erroneous information.
(f) 
The city council, following a public hearing thereon, may deny a tower permit that is the subject of an appeal under subsection (b) of this section upon finding, based on substantial evidence, that the decision of the city manager to deny the tower permit was erroneous, or that the city manager’s analysis of the tower permit application or information therein is erroneous.
(g) 
If the city council denies the appeal of the denial of an application for a tower permit, a waiver or otherwise refuses to approve a tower permit as a result of a protest, the city council shall issue a written order explaining in detail the reasons for the rejection, disapproval or refusal. The written order shall be issued not later than 30 calendar days from the date the decision was made.
(h) 
The decision of the city council concerning the issuance or denial of a tower permit or the granting or refusal of a waiver shall be the final administrative determination of the issue presented.
(1991 Code, sec. 20-182; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-324)
(a) 
A tower permit obtained pursuant to the provisions of this article shall become invalid after the passage of 180 days from the date of final approval of the tower permit unless any required building permit for the construction or alteration of the tower has been obtained before the expiration of that 180-day period.
(b) 
The construction, placement or alteration of a tower is subject to any plan review, permitting requirement or hearing process applicable to commercial construction in general which is required either by ordinance or by the rules promulgated by the city manager, provided that the regulations or rules are consistent with the provisions of this article.
(1991 Code, sec. 20-183; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-325)
(a) 
All buildings, structures, supporting structures, wires, fences or ground areas used in connection with a tower shall be maintained in a safe condition and in good working order. All equipment or machinery required by the building code, the fire code or any other applicable regulation or ordinance for a building or structure or supporting structure or device shall be maintained in good working order. The owner or operator of a tower shall be responsible for the maintenance of the tower, supporting structures, buildings, fences and ground areas.
(b) 
By applying for a tower permit under this article, the applicant specifically grants permission to the city and its duly authorized agents, officials and employees to enter upon the property for which a permit or waiver is sought, after first providing reasonable notice, for the purpose of making all inspections required or authorized to be made under this article, the fire code, the building code, this code or any other applicable regulation, rule or ordinance.
(1991 Code, sec. 20-184; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-326)
Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of the antenna or tower shall remove same within 90 days of receipt of notice from the city manager notifying the owner of the abandonment. If the antenna or tower is not removed within the 90 days, the city may remove the antenna or tower at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the antenna or tower. The city attorney is hereby authorized to pursue all necessary legal remedies to implement the provisions of this section.
(1991 Code, sec. 20-185; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-327)
(a) 
Every applicant for a tower permit or a waiver shall furnish to the city manager a title report, from a title company doing business in the county, that the lot or tract upon which the proposed tower is to be located is not included within a recorded platted subdivision subject to enforceable, valid and unexpired deed restrictions which limit the use of such lot or tract to residential purposes. The title report shall be accompanied by certified copies of any instruments containing restrictions purporting to be applicable to the lot or tract in question, any instrument of revocation or termination thereof, any declaratory judgment order pertaining to the use of the property, or any other recorded document containing restrictions that pertain to the use of the property.
(b) 
A tower permit shall not be issued until the requested title report and supporting documentation has been produced. Any permit issued on the basis of erroneous documentation known to the applicant or a title report which contains false information known to the applicant is void with the same force and effect as if it had never been issued and without the necessity of any action by the city or any other person or agency. A tower permit shall not be issued for the construction or alteration of a tower if the use of the intended use will be in violation of the recorded deed restrictions.
(Ordinance 13-714, sec. 1, adopted 2/14/13; 2007 Code, sec. 12-328)
Construction, placement, removal and maintenance of and alterations or modifications to a tower or equipment storage facility for a tower shall not be performed except between the hours of 7:00 a.m. and 9:00 p.m. of any day, except in a bona fide emergency; provided, however, that the owner, operator or his agents may perform regular maintenance between the hours of 9:00 p.m. through 7:00 a.m. as long as it does not create an unreasonable noise.
(1991 Code, sec. 20-187; Ordinance 98-529, sec. 1, adopted 5/14/98; 2007 Code, sec. 12-329)