The following words and phrases, when used in this article,
shall, for the purpose of this article, have the following meanings;
Monopole antenna structure:
A self-supporting pole type structure with no guy wire support,
tapering from base to top and so designed to support fixtures which
hold one or more antennas and related equipment for wireless telecommunication
transmission.
Lattice antenna structure:
A steel lattice, self-supporting structure with no guy wire
support, so designed to support fixtures which hold one or more antennas
and related equipment for wireless telecommunication transmission.
Guyed lattice antenna structure:
A steel lattice, self-supporting structure, so designed to
support fixtures which hold one or more antennas and related equipment
for wireless communication transmission.
Any of the structures designed to support any components of
a wireless communication system.
Buildings or other structures such as water towers, church
steeples, utility poles and any other structures capable of supporting
a wireless communication system.
An accessory building housing electronic communication equipment
as an associated and permitted part of a wireless communication system.
Antenna support structures for mobile and land-based telecommunication
facilities, and shall include but not be limited to whip antennas,
panel antennas, microwave dishes and receive-only satellite dishes,
cell enhancers and related equipment for wireless transmission from
mobile cellular telephones, mobile radio systems facilities, commercial
mobile radio service and radio or television (commercial only) broadcasting
towers and transmitting stations. This definition includes the placement
of the above-referenced equipment on a monopole tower, a steel lattice
tower, a guyed steel lattice tower and any communication tower which
does or does not utilize guy wire support in addition to existing
building or other independent support structures and includes those
placed on buildings. An unmanned equipment shelter shall be permitted
at any site of a wireless communication system.
The zoning ordinance of the city; amendments thereto shall
automatically and become a part thereof as relevant.
(Ordinance 01-004, sec. 1(A), adopted 1/23/01)
(a)
Location generally.
Wireless communication systems shall
be an allowed use in commercial or industrial zones only as defined
and amended from time to time by the zoning ordinance.
(b)
Distance from certain uses.
Antenna support structures
shall be located no less than 1000' from any school and from area
parks, and areas of organized outdoor activities for children such
as day care centers, YMCAs, church yards, and the like.
(c)
Distance from residential districts.
Antenna support
structures shall be two hundred (200) feet from the nearest residential
zoning district boundary as defined by the zoning ordinance.
(d)
Unmanned equipment buildings.
The unmanned equipment
building shall not exceed seven hundred fifty (750) square feet of
gross floor area per building and shall not exceed twelve (12) feet
in overall height.
(e)
Maximum height.
The overall height of antenna support
structures, including the antenna, shall not exceed one hundred fifty
(150) feet. Antennas placed on buildings or other independent support
structures as defined in this article shall not exceed the height
requirement; however, they shall comply with all other requirements
as set forth.
(f)
Building permit.
A building permit from the city shall
be required for the installation of any wireless communications systems,
antenna support structures, antennas attached to buildings or other
independent support structures and unmanned equipment buildings. Applications
for a permit shall be submitted to the building inspector of the city
or his designee and shall be accompanied by the following in duplicate:
(1)
A complete set of construction documents showing the proposed method
of installation.
(2)
A copy of the manufacturer’s recommended installation instructions,
if any.
(3)
A diagram to scale showing the location of the antenna, property
and setback lines, easements, power lines, all structures and the
distances from all residential zoning districts.
(4)
Certification by a qualified engineer licensed in the State of Texas
by structural or civil engineer registered by the State of Texas [sic]
that the proposed installation complies with the requirements of the
city building code.
(5)
Certification shall be submitted stating that all antennas and antenna
support structures shall comply with the height and radiation illumination
restrictions established by the FAA (Federal Aviation Administration)
or other applicable federal or state agencies.
(6)
Building permit fee in accordance with the schedule of fees set out
in the city building permit ordinance.
(7)
Landscaping plan as hereinafter described.
(8)
Performance assurance as hereinafter described.
(9)
A completed application for a building permit in the form attached
to Ordinance 01-004 as “A”-“A6.”
(g)
Co-location.
The shared use of existing antenna support
structures and approved antenna support structures sites shall be
preferred to the construction of new such facilities. The antenna
support structures must be arrays from two (2) separate wireless communication
system providers or users. Annually, the building official shall secure
a list of known wireless communication system providers having structures
in the county by advertisement in a newspaper of general circulation.
The building official may add known wireless communication system
providers list shall remain valid for one (1) calendar year [sic].
Prior to grant of a building permit, all applicants for the wireless
communication systems shall comply with the following procedures:
(1)
All wireless communication system applicants shall provide a thirty
(30) day notice by mail to all providers on the wireless communication
system providers’ list with the following information: specifications
of the proposed antenna support structures, its general location,
its proposed height, and a phone number to locate the applicant. A
copy of the notice shall also be mailed to the building official’s
office. The notices shall invite potential wireless communication
system providers to apply for space on the proposed antenna support
structure.
(2)
The applicant shall additionally submit a report inventorying existing
antenna support structures and antenna sites within a one-mile distance
from the proposed site outlining opportunities for shared use as an
alternative to the proposed one. (In the case of co-location, the
prorated reimbursement to the initial applicant from the future provider
shall not exceed fifty-five percent (55%) of the original cost for
construction of the antenna support structure.)
(h)
Location on city property.
Wireless communications systems
shall be a use permitted in all zoning districts if the land or structure
is owned by the city if:
(1)
The height of a monopole antenna support structure, including the
antenna, shall not exceed one hundred fifty (150) feet. Wireless communications
systems shall not be allowed in city parks that contain five (5) acres
or less.
(2)
An antenna array may be attached to buildings or independent support
structures if:
(A)
The pole replaced or modified is a functioning utility pole or light
standard within a utility easement or public right-of-way, recreation
facility light pole, or antenna support structure;
(B)
The replaced or modified antenna support structure, including antenna
array, does not exceed the height of the original utility, light standard,
or recreation facility pole by more than twelve (12) feet, or the
height of the original telecommunication tower and antenna array;
(C)
The pole replaced with an antenna support structures does not obstruct
a public sidewalk, public alley, or other right-of-way, and pole appearance
and function, except for the antenna, are not significantly altered;
and
(D)
The existing support structure is engineered to support the proposed
antenna.
(i)
Radio and television antennas.
Radio reception [and]
transmission and television reception antennas, limited to those used
by federally licensed amateur radio operators or unlicensed citizens
band radio operators and private satellite dish antennas, shall be
considered as permissible accessory uses in all zoning districts and
shall be subject to the regulations for similar structures within
nonresidential districts and shall comply with the height and setback
requirements for the particular district, and additionally the following
shall apply to such structures, but shall not otherwise be subject
to the legislation hereof concerning wireless communication systems:
(1)
The height of an antenna support structure shall be the total maximum
to which it is capable of being raised and shall be measured from
the finished grade adjacent to the antenna or antenna support structure
if ground-mounted or from the peak of the roof if roof-mounted.
(2)
A building permit from the city shall be required for the installation
of any roof-mounted antenna or antenna support structure over twelve
(12) feet above the peak of the roof and any ground-mounted antenna
or antenna support structure over twenty-five (25) feet in height.
A permit shall be issued only when there is full compliance with this
section and the applicable provisions of the city building code. Applications
for a permit shall be accompanied by the following in duplicate:
(A)
A complete set of construction documents showing the proposed method
of installation.
(B)
A copy of the manufacturer’s recommended installation instructions,
if any.
(C)
A diagram to scale showing the location of the antenna, property
and setback lines, easements, power lines and all structures.
(D)
Certification by a structural or civil engineer registered by the
state that the proposed installation complies with the structural
requirements of the city building code and with federal and state
electromagnetic radiation standards.
(E)
All antennas and antenna support structures shall comply with the
height and illumination restrictions established by the FAA (Federal
Aviation Administration) or any other federal or state agencies.
(F)
Antennas may be roof- or ground-mounted, freestanding or supported
by guy wires, buildings or other structures in compliance with the
manufacturer’s structural specifications. A ground-mounted antenna
shall be any antenna with its base mounted directly in the ground
even if its base mounted directly in the ground [sic] even if such
an antenna is supported or attached to the wall of a building.
(G)
A roof-mounted antenna, including support structure, shall not extend
higher than fifteen (15) feet above the peak of the roof, except a
single vertical pole antenna may extend up to twenty (20) feet above
the peak of the roof.
(H)
A ground-mounted antenna, including support structure, shall not
exceed seventy (70) feet in height. The antenna or antenna support
structure shall not be located in any required front yard setback
or anywhere in the front yard between the principal building and the
front setback.
(Ordinance 01-004, sec. 1(B), adopted 1/23/01; Ordinance adopting Code)
(a)
Tower illumination.
Towers shall not be illuminated
except as required by the Federal Aviation Administration (FAA) or
other applicable federal or state agencies.
(b)
Radiation standards.
Wireless [Federal] Communications
Commission (FCC) standards for non-ionizing electromagnetic radiation
(NIER) shall be met.
(c)
Fencing.
A fence shall be required around the antenna
support structure and other equipment, unless the antenna is mounted
on a building or other independent support structure. The fence shall
not be less than eight (8) feet in height measured from finished grade.
Access to the antenna support structure shall be through a locked
gate.
(d)
Landscaping.
Landscaping shall be installed and maintained
to screen as much of the antenna support structure as possible, the
fence surrounding the antenna support structure, and any other ground
level features (such as a building). A combination of existing/native
vegetation, natural topography, man-made features such as berms, walls,
decorative fences and any other features can be used instead of landscaping
if those features achieve the same degree of screening. The required
landscaping plan shall be submitted with the initial application,
and is subject to approval of the city building official.
(e)
Setbacks.
Antenna support structures and unmanned equipment
buildings shall meet the minimum building setback requirements for
the zoning district in which they are located. Setbacks shall be measured
from the base of the antenna support structure to all applicable property
lines.
(f)
Assurance of performance.
Upon filing an application,
a one and half year fifteen thousand dollar ($15,000.00) unconditional
letter of credit, [or] cash security fund either containing an agreement
permitting the city to utilize the fund to remove any permitted structure
if not timely completed or complete fencing, landscaping, or any other
requirements of this article or the performance bond shall issued
by a company doing business in the state, acceptable to the city and
with the highest Best rating shall be issued in favor of the city.
(g)
Abandonment.
In the event the use of any wireless communication
system, which would include any antenna support structure, has been
discontinued for a period of one hundred eighty (180) consecutive
days, the antenna support structure shall be deemed to be abandoned.
Determination of the date of abandonment shall be made by the building
official, who shall have the right to request documentation and/or
affidavits from the antenna support structure owner/operator regarding
the issue of usage. Upon determination of abandonment, the owner/operator
of the antenna support structure shall remove the antenna support
structure within ninety (90) days of receipt of notice from the building
official notifying the owner/operator of such abandonment. If such
antenna support structure is not removed within said ninety (90) days,
the building official may cause such antenna support structure to
be removed at the owner’s expense. If there are two or more
users of an antenna support structure, then this provision shall not
become effective until all users cease using the antenna support structure.
(h)
Time limit for completing construction.
All construction
of wireless communication systems and home antennas and fencing and
landscaping as required hereunder shall be complete within one year
of the issuance of a permit or the permit shall be null and void.
This requirement shall not prohibit the city utilizing performance
assurance if necessary.
(i)
Placement on billboards prohibited.
No form of antenna/antenna
support structures shall be placed or allowed on billboards or billboard
structures.
(Ordinance 01-004, sec. 1(C), adopted 1/23/01)
The provisions of this article shall not be deemed to be the
grant of a franchise, and any organization subject to obtain a franchise
shall still be required to do so prior to erection of any wireless
communication system.
(Ordinance 01-004, sec. 2, adopted 1/23/01)
Any person, firm, corporation or agent who shall violate a provision
of this code, or fail to comply therewith, or with any of the requirements
thereof, or who shall erect, construct, alter, install, demolish,
or move any structure, electrical, or mechanical system, or has erected,
constructed, altered, repaired, moved or demolished a building, structure,
electrical, or mechanical system, in violation of a detailed statement
or drawing submitted and permitted thereunder, shall be guilty of
a misdemeanor. Each such person shall be considered guilty of a misdemeanor.
Each such person shall be considered guilty of a separate offense
for each and every day or portion thereof during which any violation
of any of the provisions of this code is committed or continued, and
upon conviction of any such violation such person shall pay a fine
not to exceed two thousand dollars ($2,000.00) for each violation.
(Ordinance 01-004, sec. 5, adopted 1/23/01)
No permit for the construction of a wireless communication system
shall be issued by the city until proof of public liability insurance
providing the greatest range of risks covered in the amount of $1,000,000.00
per occurrence shall be provided to the city. Such insurance shall
be issued by an insurance company with the highest Best rating, shall
include a description of the particular location or locations for
which a permit is applied, and shall show a paid-up expiration date
not less than one year from the date of issuance, which shall be no
earlier than thirty (30) days from the date of application for such
system(s). Thereafter, proof of insurance shall be provided to the
city periodically prior to the expiration date of the original policy
or policies; otherwise the permit for such system shall be automatically
forfeited, and the owner shall be subject to being required to remove
the system and other penalties set out herein.
(Ordinance 01-004, sec. 6(B), adopted 1/23/01)
