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:
means any modification, replacement or reconstruction that increases the height or materially increases the dimension of a tower structure.
means a device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission and/or receipt of electromagnetic waves.
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.
means the Federal Aviation Administration.
means the Federal Communications Commission.
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.
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:
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.
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. |
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.
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.
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.
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:
Producing, generating, transmitting, distributing, selling or furnishing electricity; or
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. |
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.
means pertaining to the use of land for a residence as is defined in this section.
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.
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.
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:
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.
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.
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.
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)