(a)
Violations.
It shall be unlawful for any person, firm
or corporation to violate any provision of or to fail to do any act
required in this chapter.
(b)
Penalty.
Any person, firm or corporation who shall violate any of the provisions of this chapter or who fails to do any act required by this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine as prescribed in section 1.01.009 of this Code of Ordinances.
(Ordinance 61 adopted 9/13/83; 1982 Code, ch. 3, sec. 13)
The minimum front building line upon any lot in the city where
the building line has not been established by an approved plat or
by the terms of any other ordinance or section of this code shall
be determined by the building official prior to issuance of a building
permit. The minimum building setback lines shall be twenty (20) feet
off of all street rights-of-way and five (5) feet off of remaining
sides, unless otherwise established by plat, ordinance, or variance
granted by the city council.
(Ordinance 61 adopted 9/13/83; Ordinance 168 adopted 8/16/94; 1982 Code, ch. 3, sec. 3)
(a)
To
prevent stormwater from eroding away top soil or any other type of
fill dirt that is used during any phase of construction. To prevent
eroded materials from accumulating in drainage ditches and on properties
that are adjacent to the lot or tract that is being cleared or construction
is being performed on. The following standards shall be considered
minimum requirements unless otherwise indicated for both commercial
and residential applications.
(b)
Residential
and commercial building sites shall require silt fencing and grass
to be planted if the grade is 15 degrees or greater, grass areas shall
be planted in species well adopted to localized growing conditions
in the county. Grass areas may be sodded or plugged, except that solid
sod shall be used in ditches or other areas subject to erosion. Silt
fencing shall be used and remain in use until such time that the lawn
has been properly established.
(c)
All
newly-planted and relocated plant material shall be watered by temporary
or permanent irrigation systems until such time as they are established
and subsequently on as-needed basis to prevent stress and die-off
in compliance with existing water use restrictions.
(Ordinance 411 adopted 7/13/21)
(b)
Construction requirements.
(1)
Telecommunication towers shall be of monopole construction or
truss tower construction.
(2)
Telecommunication towers shall be illuminated by artificial
means or shall display strobe lights or other warning lighting as
required by the Federal Aviation Administration or any other federal,
state or city law, rule or regulation. Any lighting shall be shielded
or directed so as not to project directly onto property that is of
residential use. When incorporated into the approved design, light
fixtures used to illuminate ball fields, parking lots or other similar
areas may be attached to a telecommunication tower.
(3)
All new telecommunication towers must be constructed to support
at least two separate antenna arrays. In addition, any new telecommunication
tower must be able to support at least one additional antenna array
for every 15 feet (or fraction thereof) above 60 feet in height and
provide the ground space for any equipment necessary for the operation
of additional antenna(s).
(c)
Screening, fencing and landscaping requirements.
All telecommunications towers and support facilities shall have the
following:
(1)
A six-foot solid screening fence constructed of wood, brick, stone or reinforced concrete products per the specifications of fences of the city (fence or wall, section 4.07.004); and
(2)
Screening shrubs shall be installed around a fence and screen
from view the associated structures. All screening shrubs shall be
a minimum of three feet in height at planting, have the potential
to grow to a mature height of a minimum of six feet in three years
and must have a permanently installed irrigation system that provides
total water coverage to all plant materials. The vegetation shall
be kept in an attractive state and in good condition at all times.
(d)
Outdoor storage.
No outdoor storage of vehicles,
materials or equipment is permitted. Equipment not used in direct
support of the facility shall not be stored or parked on the premises
unless a technician is present, unless while under a current permit
for purposes of modifications, additions or repairs. Storage buildings
will be allowed for such purposes and shall be included on the application
for permit at the time of construction or at the time of modifications
or additions are permitted and to be performed.
(e)
Commercial message prohibited.
Unless signage
is used for the purpose of giving owner or operator name and emergency
phone numbers, no signs, including commercial advertising, logos,
political signs, flyers, flags or banners, graphics or other attention
devices shall be allowed on any part of the telecommunication tower
or ancillary support facilities except for warning and safety signage.
The American flag and Texas Flag are allowed as long as proper flag
etiquette is followed.
(f)
Penalty and violations.
A person violating a provision
of this section shall, upon conviction, be punished by a fine of not
less than $100.00 and not more than $500.00. Each and every day's
violation shall constitute a separate and distinct offense.
(g)
Liability.
All regulations provided in this section
are hereby declared to be governmental and for the health, safety
and welfare of the general public. Any member of the city council
or any city official or employee charged with the enforcement of this
section, acting for the city in the discharge of his or her duties,
shall not thereby render himself or herself personally liable, and
he or she is hereby relieved from all personal liability for any damage
that might accrue to persons or property as a result of any act required
or permitted in the discharge of said duties.
(Ordinance 439 adopted 6/13/2023)
