(B)
Direct
broadcast satellite reception, multi-channel multi-point distribution
(as defined by the FCC), television reception antennae, and private
radio antennae meeting the following requirements do not require a
permit unless mounted on a pole or mast that is twenty feet or more
in height:
(1)
In
any zoning district, antennae that are thirty-nine inches or less
in diameter;
(2)
In
a nonresidential zoning district, antennae that are two meters or
less in diameter;
(3)
In
any zoning district, antennae designed to only receive television
or internet broadcasts;
(4)
In
any zoning district, private radio antennae concealed behind or located
upon or within attics, eaves, gutters or roofing components of the
building; and
(5)
In
any zoning district, private radio ground-mounted whips and wire antennae,
unless mounted upon a pole or mast over twenty feet in height.
(C)
Antennas
mounted on existing City elevated water storage tanks are exempt from
the requirements of this Division 5, provided a license or lease authorizing
the antenna(s) has been approved by the City. All other antennae or
towers, located on property owned, leased or otherwise controlled
by the City of Garland are subject to the requirements herein.
(E)
Support
structures or antennae legally installed before the effective date
of this Division 5 are not required to comply with this Division 5,
but must meet all applicable state, federal and local requirements,
building codes, and safety standards.
(Ordinance 6773 adopted 5/19/15)
Definitions for telecommunications-related terms are located in Chapter 6 of this GDC.
(Ordinance 6773 adopted 5/19/15)
(A)
Residential
Zoning Districts.
In all residential zoning districts,
commercial antennae and antenna support structures are allowed only
by Specific Use Provision, except they shall be allowed by right under
the following circumstances:
(1)
Utility
Structures.
A commercial antenna within a residential
zoning district may be attached to a utility structure (such as an
electrical transmission or distribution tower, or an elevated water
storage tank) provided that the utility structure exceeds fifty feet
in height, and provided that the antenna does not extend more than
ten feet above the height of the utility structure.
(2)
Stealth.
A commercial antenna may be located within a residential zoning
district if it is placed wholly within any building allowed in the
residential zoning district. A commercial antenna may also be mounted
flush to the exterior of a building or structure if it is painted
or disguised to integrate into the overall architectural design, if
it does not have any type of exterior non-vertical array, and if it
is not readily identifiable as an antenna from public roadways or
from neighboring residential properties.
(B)
Nonresidential
and Mixed-Use Districts.
In non-residential and mixed-use
zoning districts, commercial antennae and antenna support structures
are allowed as follows:
(1)
Support
Structures.
Commercial antenna support structures are
allowed by right if they do not exceed eighty-five (85) feet in height
and conform in all other aspects to local, state, and federal law.
Support structures in excess of the eighty-five (85) [feet] in height
may be allowed by Specific Use Provision (SUP) provided the structure
conforms in all other aspects to local, state, and federal law. In
all nonresidential zoning districts, antenna support structures must
meet all setback requirements. A site with a previously issued SUP
and currently active commercial antenna shall not require a new SUP
unless the height or footprint of the antenna support structure has
changed.
(2)
Utility
Structures.
A commercial antenna may be attached to a
utility structure (such as an electrical transmission or distribution
tower, elevated water storage tank, or highway light fixtures) provided
that the utility structure exceeds fifty feet in height, and provided
that the antenna does not extend more than ten feet above the height
of the utility structure.
(3)
Stealth.
A commercial antenna may be placed wholly within any building
allowed in the zoning district. A commercial antenna may also be mounted
on an accessory utility structure, light standard or flagpole, or
flush to the exterior of a building or structure if it is painted
or disguised to integrate into the overall architectural design of
the supporting structure, if it does not have any type of exterior
non-vertical array, and if it is not readily identifiable as an antenna
from public roadways or from neighboring residential properties.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 31, adopted 12/3/19; Ordinance 7323 adopted 5/3/22)
(A)
Antennae
and support structures may be considered either principal or accessory
uses.
(B)
In residential
zoning districts, the setback from any property line for antennae
and support structure is one foot for every one foot in height of
the antennae.
(C)
No commercial
antenna support structure may be closer to any residential district
boundary line or the residential dwelling property line than a distance
equal to three times the height of the support structure. The setback
distance shall be measured as the shortest possible distance in a
straight line from the structure to the closest point of a residential
district boundary line or residential dwelling. Setbacks from residentially
zoned property do not apply to antennae attached to utility structures
that exceed fifty feet in height, or to antennae placed wholly within,
or mounted upon, a building.
(D)
Freestanding
commercial antenna support structures must be a minimum distance of
five thousand feet from another wireless telecommunications antenna.
(E)
No private
or commercial antenna, antenna support structure, microwave reflector
or antenna, or associated foundations or support wires or appurtenances
may be located within any required setback area for the front, side,
or rear yards.
(F)
All antennae
and support structures must meet or exceed the current standards and
regulations of the Federal Communications Commission (FCC), the Federal
Aviation Administration (FAA), and all other applicable federal, state
and local regulations and requirements. If those standards change,
then the owner of an antenna or support structure must bring the antenna
or structure into compliance within one hundred and eighty calendar
days, or as may otherwise be required by the applicable regulating
authority.
(G)
A Building Permit is required to erect or install an antenna, antenna support structure and related structures or equipment, unless the antenna is exempt from these regulations (see Subsection 2.62(B) above). All installations must comply with applicable federal, state and local laws and the standards published by the Electronics Industry Alliance (EIA).
(H)
Antennae
(private or commercial) may not create electromagnetic or other interference
with any government agency’s radio frequencies and public safety
operations, as required by the FCC. Antennae also may not interfere
with radio or television reception of nearby property owners. The
use of such equipment may not infringe upon adjoining property owners.
(I)
No antenna
or support structure may be located so as to create a visual obstruction
within critical visibility areas (such as, at street intersections,
or where a private driveway enters a roadway) or a traffic safety
problem.
(J)
Safeguards
must be utilized to prevent unauthorized access to an antenna installation
(such as, on an elevated water storage tank or utility structure,
or a freestanding installation). Safeguards include certain devices
identified or recommended by the manufacturer of the antenna or support
structure, a fence, a climbing guard, or other commercially available
safety device. Climbing spikes or other similar climbing device, if
utilized, must be removed immediately following use.
(K)
Temporary
antennae are only allowed in the following instances:
(1)
In
conjunction with, and used for, a festival, carnival, rodeo, or other
special event or activity;
(2)
In
case of an emergency (such as severe weather) or a news coverage event;
or
(3)
When
needed to restore service on a temporary basis after failure of an
antenna installation. The City must be notified within seventy-two
hours of the placement of a temporary antenna. If the temporary antenna
is to be needed for more than seven days, then the owner must apply
for and acquire a permit for the temporary installation on or before
the eighth day following initial placement of the antenna.
(L)
Collocation
is required.
(1)
New
support structures over fifty feet in height must be constructed to
support antennae for at least two carriers, unless the structure is
an alternative or stealth design, or the support structure is replacing
an existing utility structure or light standard. Sufficient area for
associated structures and equipment must also be provided.
(2)
A
support structure which is modified or reconstructed in order to accommodate
collocation must be of the same type, design, and height as the existing
structure, and it may be moved on the same property within fifty feet
of its original location provided that it is not moved any closer
to residentially zoned property (if the structure was allowed by SUP,
then its new location must be within the physical/land boundaries
of the SUP). The original support structure must be removed from the
property within ninety days following completion of the new structure.
(3)
Where
an additional antenna is to be attached to an existing support structure
that already has an antenna mounted upon it, the new antenna must
comply with and be compatible with the design of the existing antenna
on the collocated structure.
(4)
An
existing antenna or support structure is allowed to increase its height
up to twenty percent in order to encourage and accommodate collocation.
(M)
Support
buildings and storage areas or buildings must be screened from public
view if mounted on a rooftop. When ground-mounted, they must meet
all applicable front, side, and rear yard setback requirements of
the applicable base zoning district. They must also be of a neutral
color. Support buildings and storage areas or buildings must be screened
from public view by a dense, opaque, evergreen landscaped screen with
an initial planting height of three feet, and which will attain an
ultimate height of six feet at maturity. A six-foot solid masonry
wall may be used in lieu of the landscaped screen provided exterior
finish materials are compatible with nearby structures. The use of
a wood fence for screening is prohibited, and ornamental iron or coated
chain-link may only be used in conjunction with a landscaped screen
as specified above.
(N)
Satellite
dishes and other similar antennae are allowed on the roof of a building,
as long as satellite dishes do not exceed one meter in diameter and
antennae do not extend over ten feet above the roof of the building.
A letter certifying the structural integrity of the roof and building
will support the proposed satellite dish or antennae must be written
and sealed by a licensed architect or engineer, and submitted to the
Building Inspection Department prior to any approval of a roof-mounted
antenna. Roof-mounted antennae that comply with the provisions of
these regulations do not require additional yard setbacks or setbacks
from residential areas or dwellings.
(O)
Only
one private antenna or support structure is allowed per residential
lot. However, a maximum of two satellite dishes are allowed if each
unit is no larger than one meter in diameter.
(P)
All commercial
signs, flags, lights, and attachments other than those required for
emergency identification, communications operations, structural stability,
or as required for flight visibility by the FAA or FCC are prohibited
on any antenna or antenna support structure. However, lights may remain
or be placed upon light standards that are altered or replaced in
order for them to serve as antenna support structures provided that
the lights are not commercial (that is, for-profit) in nature, and
are the same size, configuration, number of bulbs, and degree of luminance
as they previously existed prior to support structure modification
or replacement.
(Q)
Any publicly
owned antennae or antenna support structures is allowed in any zoning
district (such as public safety communications).
(Ordinance 6773 adopted 5/19/15)
