A. 
The purpose of this section is to further an overall plan for the enhancement of public safety, consistent community development, preservation of property values, and the general welfare of the City while providing for the communication needs of residents and businesses in Bee Cave.
B. 
This section governs the placement of Antenna Facilities and Telecommunications Towers to:
1. 
Facilitate the provision of wireless telecommunication services to the residents and businesses in Bee Cave;
2. 
Encourage operators to locate facilities in areas where the adverse impact on the community is minimal;
3. 
Encourage coordination among suppliers of wireless telecommunication services;
4. 
Encourage Co-Location on both new and existing facilities, encouraging coordination among suppliers of wireless communication services;
5. 
Encourage operators of Antenna Facilities to configure them in a way that minimizes the adverse visual impact through careful design, landscape screening, and innovate stealth techniques; and
6. 
Enhance the ability of wireless telecommunication providers to provide services to the community effectively and efficiently.
C. 
Small Cell support structures erected in the right-of-way are governed by Chapter 16.03 of the Code of Ordinances.
(Ordinance 475 adopted 6/28/22)
A. 
The regulations of this Section 6.5.1 [6.6] apply to each new Antenna Facility and Telecommunications Tower located within any district within the City Limits.
B. 
A preexisting Antenna Facility or Telecommunications Tower lawfully in existence on September 25, 2007 that is nonconforming with these regulations is not required to meet the requirements of these regulations unless the following occurs:
1. 
More than fifty percent (50%) of the Antenna Facility or Telecommunications Tower is damaged or removed; or
2. 
The Antenna Facility or Telecommunications Tower is expanded in height or area.
C. 
A preexisting Antenna Facility or Telecommunications Tower lawfully in existence on September 25, 2007 that is nonconforming with these regulations may be modified to decrease the degree of nonconformity upon approval by the Planning Director.
(Ordinance 475 adopted 6/28/22)
A. 
Equipment storage building or enclosure.
1. 
Any buildings, structures, cabinets, or enclosures used to secure equipment or components used in the operation of an Antenna Facility or Telecommunications Tower that are visible from the right-of-way or abutting property must include an opaque screen measuring at least six feet (6') in height and consisting of at least one (1) of the following screening methods:
(i) 
A masonry wall around the enclosure that matches either the principal building on the lot or is constructed of brick or split-faced stone;
(ii) 
The combination of a wrought-iron fence with a vegetative screen measuring at least six feet (6') in height at maturity around the enclosure;
(iii) 
A building projection such as a wing wall that matches the facade of the building to which it is attached; or
(iv) 
A berm or other effective screening device approved by the Planning Director.
2. 
Any cabinets that must be visible are required to be constructed of rustproofed metal with a nonreflective, neutral tone finish.
3. 
The Director may waive or modify screening requirements on one or more sides of the enclosure or allow the placement of screening in more effective areas on the same lot when the enclosure is located adjacent to undevelopable land or land otherwise permanently screened from public view.
B. 
Driveway surfaces.
1. 
All Antenna Facilities and Telecommunications Towers must be accessed by a paved driveway constructed of asphalt or concrete.
2. 
The driveway must provide the equivalent of one (1) parking space that effectively prevents utility vehicles from having to maneuver into the right-of-way.
3. 
Driveways should be constructed to not inhibit access to surrounding development or to compromise the ability of the lot to be developed or redeveloped, according to the reasonable judgment of the Planning Director, subject to appeal by any aggrieved party to the Zoning Board of Adjustment within ten (10) calendar days of the Director's decision.
C. 
Lighting. External lighting is prohibited on an Antenna Facility or a Telecommunications Tower except as required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).
D. 
Permissible telecommunications towers. New Telecommunications Towers are limited to Monopole, Stealth Facility, and Alternative Mounting Structures.
E. 
Construction standards.
1. 
The applicant for an Antenna Facility or Telecommunications Tower must obtain a Building Permit before beginning construction.
2. 
The facility must be constructed or installed according to the manufacturer's recommendations or according to plans submitted to the City under the seal of an Engineer licensed in the State of Texas.
3. 
The facility must comply with applicable state and City-adopted building codes.
4. 
Facilities are prohibited from locating within easements unless approval is granted in writing by the owner of the easement.
F. 
Maintenance requirements and violations.
1. 
To ensure the structural integrity of each Antenna Facility or Telecommunications Tower, the applicant or owner must ensure that the facility is maintained in full compliance with the City's adopted building code and safety regulations as well as all other regulations of this section.
2. 
If, upon inspection, the City or a third party inspector retained by the City concludes that the facility fails to comply with the City's adopted Building Code or this section, or constitutes a danger to persons or property, the City will serve written notice to the owner of the facility.
3. 
Upon being notified by mail or by notice posted at the location of the facility, the owner must bring the facility into compliance within thirty (30) calendar days.
4. 
Failure to bring the facility into compliance constitutes grounds for removal of the facility at the owner's expense.
5. 
The notice requirements of this subsection F do not preclude immediate action by the Building Official as allowed by law if such action is required to preserve the safety of persons or property.
G. 
Abandonment and removal.
1. 
Any Antenna Facility or Telecommunications Tower that is not actively transmitting or receiving signal or that is not connected to a network or backhaul provider is considered abandoned and must be removed, at the owner's expense, within one hundred eighty (180) calendar days of a determination by the City, or a third party inspector retained by the City, that the tower has ceased operation.
2. 
Deactivation of a facility for the purpose of antenna replacement is subject to the ninety (90) day limitation placed on work for which a Building Permit is issued (see subsection 6.6.4.F below). If, after ninety (90) calendar days, the facility is still inactive and the applicant or owner has not requested an extension, the City may begin proceedings to have the tower removed at the owner's expense.
3. 
Upon receiving notice from the City to remove the abandoned tower, the owner may request an extension in writing with a written statement of the owner's intentions to either remove the facility or to activate it within ninety (90) calendar days.
4. 
If the facility is not removed or activated following a granting of extension by the Planning Director, the City may notify the owner that it intends to contract for removal of the facility at the owner's expense.
5. 
The owner may appeal the decision of the Planning Director to declare the facility abandoned to the Zoning Board of Adjustment within ten (10) calendar days from receipt of notice.
(i) 
The Board may affirm the Director's decision, declare the facility to be active and not subject to this subsection G, or grant an extension up to ninety (90) calendar days.
6. 
Upon removal of the facility, the site must be returned to its preexisting condition, including natural slope and native vegetation, within one hundred eighty (180) calendar days.
(Ordinance 475 adopted 6/28/22)
Table 6.6-1: Application Summary
Type of Facility
New Antenna Facility or Telecommunications Tower
Antenna Co-Location
Building Permit
SUP
Building Permit
SUP
Satellite Receive Only 1 meter or less
No
No
NA
NA
Satellite Antenna > 1 meter in Commercial Area
Yes
No
NA
NA
Satellite Antenna > 1 meter in Residential Area
Yes
Yes
NA
NA
Amateur Radio Antenna Complying with Height Limits
No
No
NA
NA
Amateur Radio Antenna Exceeding Height Limits
Yes
Yes
NA
NA
Television Antennas
No
No
Yes*
No
Level 1 S.F. in CU, UR, WC or DR District
Yes
No
Yes*
No
Level 2 S.F. in CU, UR or WC District
Yes
No
Yes*
No
Level 2 S.F. in DR District
Yes
Yes
Yes*
No
Level 3 S.F. in CU, UR or WC District
Yes
No
Yes*
No
Level 3 S.F. in DR District
Yes
Yes
Yes*
No
Level 4 S.F. in CU or UR District
Yes
No
Yes*
No
Level 4 S.F. in WC or DR District
Yes
Yes
Yes*
No
Monopole Tower in any district
Yes
Yes
Yes*
No
A. 
Responsible official. The Planning Director is the Responsible Official for processing an application for a Special Exception under this section and the Building Official is the Responsible Official for processing an administrative application under this section.
B. 
Information required for all new facilities. The applicant for a new Antenna Facility or Telecommunications Tower must provide the following information for an application to be considered complete by the Responsible Official:
1. 
A written description of the facility and the building or property on which the facility is to be installed, including a copy of the recorded plat that depicts any easements or right-of-way on or abutting the property.
2. 
The proposed facility and any ancillary buildings or enclosures must be identified on a dimensioned site plan at an adequate scale to show setbacks from abutting property lines and Right-of-Way.
3. 
A description of the means used to access the site, including identification of any property owners or beneficiaries from whom permission is required to access the property.
(i) 
If access to the site requires an access easement, the applicant must supply a copy of an easement recorded with the County granting the owner of the facility access before the permit is issued.
4. 
Engineered drawings of all equipment, structures, and antennas, along with photo simulations depicting how the facility will appear from ground level at abutting property lines or public right-of-way (the Building Official may waive this requirement for a Level 1 Stealth Facility).
5. 
A propagation map or similar study that depicts coverage provided by existing facilities within a three (3) mile radius along with the gaps in existing coverage that the proposed facility will address, if applicable.
6. 
Names of telecommunications providers that will use the facility, if known, and how many spaces will be available for antenna Co-Location.
7. 
Information on wireless or wired connections to other facilities and the identity and contact information of the backhaul provider.
8. 
Analysis demonstrating that the proposed facility will not interfere with public communications channels or frequencies during normal operation.
C. 
Additional information for facilities requiring a specific use permit. In addition to the information required in subsection B. above, the following information is required for all facilities shown as requiring an SUP (See Table 6.6-1):
1. 
Analysis of potential Co-Location on existing Antenna Facilities or Telecommunications Towers within three (3) miles of the proposed location, including facilities that may be located outside of the City. The analysis must include a written description of any efforts made by the applicant to Co-Locate on existing facilities along with reasons why existing facilities are infeasible or inadequate for Co-Location.
2. 
A written explanation of how the proposed facility will address existing inadequate Co-Location opportunities if the facility is approved.
3. 
Where site conditions permit, the applicant must conduct a balloon test as part of the application process. The test consists of raising one (1) or more balloons tethered to the ground and rising to a height equal to the proposed tower.
4. 
Analysis of whether the facility could be constructed as a type that does not require an SUP using any of the described methods in Table 6.6-2: Antenna Facility Stealth Levels.
D. 
Satellite receive-only antennas one meter or less exempted. A Wireless Facility Permit or Specific Use Permit is not required for Satellite Receive-Only Antennas measuring one meter diameter or less.
E. 
Co-location.
1. 
A Wireless Facility Permit is required for Co-Location if additional structural support will be needed to make the facility suitable for the Co-Location.
2. 
If a Wireless Facility Permit is required, the Building Official will determine the required information on the application based on an assessment of the facility.
3. 
A Co-Location that increases the height of the facility or its level of visibility or impact (such as a change from a higher level of stealth facility to a lower level) will be considered a new facility for the purpose of applying the requirements of this section.
F. 
Application processing.
1. 
The Building Official will issue approval or denial of a Wireless Facility Permit under this section no more than sixty (60) calendar days after receiving a complete application.
2. 
If the Building Official finds that an application is incomplete, the Building Official will notify the applicant within thirty (30) calendar days with a list of items that require correction.
3. 
The applicant must respond within forty-five (45) calendar days of receiving notice from the Building Official that the application is incomplete.
4. 
The applicant must begin construction or installation of the facility within ninety (90) calendar days after the Building Official has issued the permit for construction or the permit will expire.
(Ordinance 475 adopted 6/28/22)
A. 
For the purposes of determining appropriate locations for the placement of Antenna Facilities and Telecommunications Towers, the City is divided into wireless facilities districts with differing regulations for height, location, and type of facility allowed.
B. 
This subsection 6.6.5 applies only to Antenna Facilities and Telecommunications Towers (for regulations governing Amateur Radio Antennas, TV Antennas, and Satellite Receive-Only Antennas, see Section 6.6.6 below).
C. 
Wireless districts established.
1. 
Commercial Use (CU). Refers to property within the CR and P districts, the MU-C and MU-TC districts along with any PDD having those underlying districts where less than fifty percent (50%) of the land area in the district is allocated to residential uses.
2. 
Developed Residential (DR). Refers to property within the AG and R districts, the Hill Country Overlay, the MU-N district and any PDD having those underlying districts where at least fifty percent (50%) of the land area is allocated to residential uses and the property in question has the following attributes:
(i) 
The property is part of a recorded Subdivision that has had at least one (1) building permit issued for a residential structure; or
(ii) 
The property is within six hundred feet (600') of an area described in (i) above.
3. 
Undeveloped Residential (UR). Refers to property within the AG and R districts, the Hill Country Overlay, the MU-N district and any PDD having those underlying districts where at least fifty percent (50%) of the land area is allocated to residential uses and the property in question has the following attributes:
(i) 
The property is not located within the limits of a Developed Residential (DR) district; and
(ii) 
The property is not part of a recorded Subdivision; or
(iii) 
The property is part of a recorded Subdivision but has not had a building permit issued for a residential structure.
4. 
Wireless Corridor (WC). Refers to property located within the right-of-way of an Arterial street, as indicated on the City's Master Thoroughfare Plan, or located within one hundred fifty feet (150') of the boundaries on either side of the right-of-way.
D. 
Setbacks for telecommunications towers. Telecommunications Towers must be set back from the right-of-way and adjacent properties in accordance with this subsection.
1. 
Towers abutting AG or R Zoning District.
(i) 
Towers adjacent to a property zoned AG or R (or a PDD with underlying R zoning) must be set back at least three hundred feet (300') from the property line of the property zoned AG or R.
(ii) 
The maximum height of the tower is one hundred feet (100') unless the tower is set back more than three hundred feet (300'), in which case the tower may increase one foot (1') in height for every additional one foot (1') of setback.
(iii) 
For existing towers that are increased in height, the tower may not be located closer than the Fall Zone Distance, defined as the entire height of the tower plus thirty feet (30').
2. 
Towers abutting right-of-way. Towers adjacent to a right-of-way must be set back a minimum of one hundred feet (100') from the edge of the right-of-way.
E. 
Design and aesthetic requirements for wireless facilities. Antenna Facilities and Telecommunications Towers must comply with the design requirements of this subsection (for screening of equipment buildings and enclosures, see subsection 6.6.3.A above).
1. 
Color and finish.
(i) 
Unless the facility is constructed as a Level 2 Stealth Facility, the exterior surface or face of any Antenna, mast, pole, support structure, or tower must be finished in neutral or earth tone colors unless certain colors are required by the FCC or FAA.
(ii) 
Reflective surfaces or bare galvanized metal are prohibited.
2. 
Prohibited types of facilities. Antenna support towers are limited to Monopole Towers. Towers utilizing an external lattice structure or guy wires for support are prohibited.
Table 6.6-2: Antenna Facility Stealth Levels
Facility Type
Description
CU
WC
UR
DR
Monopole
Monopoles are only allowed by Specific Use Permit
Antennas and ancillary equipment or support structures may not extend more than 5 feet above the highest point.
SUP
SUP
SUP
SUP
Level 3 Stealth Facility
Antenna are located on an existing structure other than a monopole or tower, such as a building, water tower, steeple, or utility pole.
Antenna are not screened, hidden, or disguised by matching the color or finish of the support structure.
Permitted
Permitted
SUP
SUP
Level 2 Stealth Facility
Antenna are located on an existing structure other than a monopole or tower, such as a building, water tower, steeple, or utility pole, or attached to a monopole where the entire tower is disguised.
The antenna is disguised by matching the color, material, style, or other features of the support structure or building or attached to a structure, including a monopole, and disguised as an object such as a tree, flag pole, or other feature that conforms to the features of surrounding properties.
Permitted
Permitted
Permitted
SUP
Level 1 Stealth Facility
Antenna are attached to a structure, typically a building, with a device that completely hides the antenna and support structure from view from a point measured 6' above the ground at the abutting property line. The device may be part of the primary structure, such as a parapet wall, or an architectural feature such as a clock tower or a steeple.
New ancillary support structure may be constructed to house the antenna if the support structure and antenna are completely hidden from view, the method of concealment is designed to be an integral part of the primary building, and the addition meets all applicable requirements of Article 3.
Permitted
Permitted
Permitted
Permitted
F. 
Specific use permit approval.
1. 
Approval criteria.
(i) 
City Council may consider a request for a facility listed as requiring a Specific Use Permit in Table 6.6-2 after property owners within two hundred feet (200') of the subject property have been notified, and upon recommendation by the Planning Director and the Planning and Zoning Commission based on consideration of the following criteria:
(1) 
The appropriateness of the location and design of the Antenna Facility or Telecommunications Tower;
(2) 
The potential for interference with the use and enjoyment of surrounding properties;
(3) 
The proposed height of the facility relative to surrounding development;
(4) 
The character of the development and zoning districts surrounding the subject property;
(5) 
The effectiveness of proposed stealth techniques at minimizing the visual impact of the tower, antennas, or ancillary structures, and the need for ongoing maintenance of devices used to camouflage the facility (See subsection 6.6.4.B).
(ii) 
City Council, following a public hearing, may by simple majority vote to approve a Specific Use Permit subject to the applicant having addressed the following conditions:
(1) 
That the Antenna Facility or Telecommunications Tower will permit Co-Location of other operators on the facility;
(2) 
That the facility will accommodate other wireless telecommunications operators, including the City;
(3) 
Construction and operation of the facility will not physically hinder the development or redevelopment of surrounding properties including the subject property;
(4) 
The proposed site is the most feasible location for the facility based on evidence and documentation provided by the applicant; and
(5) 
The means used to camouflage or reduce the visual impact of the facility are adequate to protect the value and character of surrounding properties.
2. 
Effect of council decision.
(i) 
If the Council votes to approve the Specific Use Permit, construction may not begin until the Building Official issues a Building Permit.
(ii) 
If the Council votes to deny the Specific Use Permit, the decision must be documented in writing in accordance with the requirements of the orders of the Federal Communications Commission and the Telecommunications Act of 1996, as amended.
(Ordinance 475 adopted 6/28/22)
A. 
Amateur Radio Antennas and TV Antennas. Amateur Radio Antennas and TV Antennas are allowed as accessory uses if they comply with the following:
1. 
Location. Amateur Radio Antennas and TV Antennas are allowed only on a roof or in the rear yard behind the principal building on the lot.
2. 
Number.
(i) 
No more than one (1) TV Antenna is allowed for each principal building on a lot.
(ii) 
No more than one (1) Amateur Radio Antenna is allowed for each lot zoned R.
(iii) 
Amateur Radio Antennas are permissible only for operators licensed by the FCC.
3. 
Height. An Amateur Radio Antenna or TV Antenna shall not extend more than eight feet (8') above the maximum height allowed for the Zoning District where the antenna is located.
4. 
Setback. An Amateur Radio Antenna or TV Antenna is prohibited in any required setback established for a principal building on the same lot.
B. 
Satellite receive-only antennas one meter or less in diameter. Satellite Receive-Only Antennas that are one (1) meter or less in diameter are allowed as accessory uses if they comply with the following:
1. 
Location. Satellite Receive-Only Antennas one (1) meter or less in diameter are allowed only on a roof or in the rear yard behind the principal building on the lot.
2. 
Number.
(i) 
No more than one (1) Satellite Receive-Only Antenna is allowed on a lot, regardless of size.
(ii) 
If an existing Satellite Receive-Only Antenna is replaced, the entire antenna and support structure must be removed before the replacement Antenna is installed.
3. 
Height. Satellite Receive-Only Antennas one (1) meter or less in diameter shall not extend more than one meter (3.28 feet) above the maximum height allowed for the Zoning District where the antenna is located.
C. 
Satellite receive-only antennas greater than one meter. Satellite Receive-Only Antennas greater than one meter are allowed as accessory uses in the MU, CR, and P districts and by Specific Use Permit on properties at least one (1) acre in size in all other Zoning Districts if they comply with the following:
1. 
Location. Satellite Receive-Only Antennas greater than one (1) meter are allowed only in the rear yard behind the principal building on the lot.
2. 
Number.
(i) 
No more than one (1) Satellite Receive-Only Antenna is allowed on a lot, regardless of size.
(ii) 
If an existing Satellite Receive-Only Antenna is replaced, the entire antenna and support structure must be removed before the replacement Antenna is installed.
3. 
Height. A Satellite Receive-Only Antenna greater than one (1) meter shall not exceed three meters (9.84 feet) in height at its tallest point.
4. 
Setback and screening.
(i) 
A Satellite Receive-Only Antenna greater than one (1) meter must be set back from the property line a distance equivalent to its overall height.
(ii) 
The Building Official may approve a reduced setback if screening is provided in the form of an opaque fence or living screen that will completely hide the facility from view of abutting properties.
(Ordinance 475 adopted 6/28/22)
The Board of Adjustment is authorized to approve variances to the requirements of this section in the following circumstances:
A. 
In cases where the Responsible Official is not given the authority to vary from or modify requirements of this section;
B. 
Where a Specific Use Permit is not required for installation of the facility; and
C. 
Where approval of a variance is consistent with the procedures found in Section 3.5 [3.6].
(Ordinance 475 adopted 6/28/22)