The purposes of this article are:
(1) To
provide for broadcasting or reception towers or antennas which are
intended for transmitting and receiving television, radio, cellular,
or telephone communications to be situated on approved sites.
(2) To
establish guidelines for the placement of towers and antennas.
(3) To
balance the need of providers of telecommunications services to provide
quick, effective service with the safety and welfare of the public
pursuant to state and federal law.
(Ordinance 2020.05.14C, sec. 1 (93.01),
adopted 5/14/20)
The regulations set forth in this article govern broadcasting
and communication towers/antennas in certain zoning districts.
(Ordinance 2020.05.14C, sec. 1 (93.02),
adopted 5/14/20)
Any commercial radio, television, cellular, or microwave towers,
reflectors, antennas, or support structures may be constructed in
a Local Business (LC), General Business (GB), Light Industrial (LI),
Heavy Industrial (HI) or Agricultural/Open Space (AO) zoning district
within the city limits with an approved tower permit and site plan
recommended by the planning and zoning commission and approved by
the city council as prescribed herewithin. If a tower is desired to
be placed in a different zoning district than the ones listed above,
a special use permit must be applied for and approved by the city
council.
(Ordinance 2020.05.14C, sec. 1 (93.03),
adopted 5/14/20)
(a) No
commercial radio, television, cellular, or microwave reflector tower/antenna
or support structure shall exceed 50 feet in height in Single-Family
(SF), Multi-Family (MF), Manufactured Home (MH) or Planned Development
(PD) zoning districts. Tower/antenna height is approved as part of
the tower permit and administrative approval process under this article.
Construction of a tower in these zoning districts must be approved
by a special use permit.
(b) No
commercial radio, television, cellular, or microwave reflector tower/antenna
or support structure shall exceed 75 feet in height in Local Business
(LC) or General Business (GB). Tower/antenna height is approved as
part of the tower permit and administrative approval process under
this article.
(c) No
commercial radio, television, cellular, or microwave reflector tower/antenna
or support structure shall exceed 150 feet in height in Light Industrial
(LI), Heavy Industrial (HI) or Agricultural/Open Space (AO) zoning
districts. Tower/antenna height is approved as part of the tower permit
and administrative approval process under this article.
(d) Publicly
owned towers/antennas shall not be subject to maximum height requirements.
(e) No
commercial radio, television, cellular or microwave reflector tower/antenna
or support structure shall be within 500 feet of any like tower.
(Ordinance 2020.05.14C, sec. 1 (93.04),
adopted 5/14/20)
For purposes of determining whether the installation of a tower/antenna
complies with development regulations, setback requirements, and other
zoning regulations, the dimensions of the entire lot shall control,
even though the tower/antenna may only be located on portions of such
lots.
(Ordinance 2020.05.14C, sec. 1 (93.05),
adopted 5/14/20)
(a) Towers/antennas
and required accessory buildings shall comply with the building setbacks
for the specific zoning district.
(b) A
minimum setback equal to the height of the tower/antenna shall be
required from any residential structure.
(Ordinance 2020.05.14C, sec. 1 (93.06),
adopted 5/14/20)
(a) Broadcasting
and communications towers or antennas may not be constructed unless
the planning and zoning commission has reviewed, held a public hearing
and made a recommendation for approval or denial to the city council
and the city council has reviewed, held a public hearing and taken
action to approve or deny said tower permit application and site plan.
(b) The following procedures shall apply. Any person wishing to construct a new broadcasting or communication tower/antenna shall make application to the community development department for a tower permit. A fee as prescribed in the fee schedule in appendix
A of this code will be charged for this permit. A detailed site plan shall be submitted with the tower permit application for each tower/antenna location, and shall contain the following:
(1) Location of the proposed tower/antenna, including the zoning and
land use of adjacent property.
(2) All significant structures within one-half mile of the proposed tower/antenna
location. Significant structures, including all publicly or privately
owned buildings (excluding utility poles), and street or traffic lights
that are over 75 feet in height.
(3) Propagation for the area as provided for the initial site determination
(if applicable).
(4) A detailed landscape/screening plan that includes the complete pad
site.
(5) Name, address, and telephone number of the person or entity responsible
for removal of a tower/antenna in the event of abandonment. Should
any of this information change after a tower permit has been approved,
such updated information shall be provided to the community development
department within ten (10) days.
(6) Copies of FAA application or approval.
(7) Explanation justifying the requested height of the tower/antenna.
(8) Written confirmation from owners, or their authorized agents, of
structures identified as significant according to the subsection above
that details the reason(s) why the proposed tower/antenna cannot be
co-located on a significant structure or building.
(Ordinance 2020.05.14C, sec. 1 (93.07),
adopted 5/14/20)
A tower permit application for the construction of a new tower
permit application [sic]shall not be approved until after a public
hearing on the matter at which parties in interest and citizens have
an opportunity to be heard. A public hearing of both the planning
and zoning commission and the city council must be conducted prior
to approval of the permit and shall follow the following procedures:
(1) Prior
to the 10th day before the date of the hearing of the planning and
zoning commission, and prior to the 15th day before the date of the
hearing of the city council, notice of the time and place of the hearing
must be published in an official newspaper or a newspaper of general
circulation in the municipality.
(2) The
city shall give notice of a proposed new tower permit application
to each property owner who would be entitled to notice under section
211.007(c) of the Texas Local Government Code. That notice must be
given in the same manner as required for notice to property owners
under section 211.007(c) of the Texas Local Government Code as it
relates to a proposed change in zoning classification.
(3) The
application shall be placed on the agenda for the next available meeting
of the planning and zoning commission for a public hearing, review
of the application and site plan and a recommendation to the city
council regarding the application. Any recommendation to the council
by the commission shall be in writing and recommendations for denials
shall be contained in a written record.
(4) The
application shall then be placed on the agenda for the next available
meeting of the city council, following the meeting at which the planning
and zoning commission rendered its recommendation regarding the tower
permit application, for a public hearing, review of the application
and site plan and action regarding the application. To override the
commission’s recommendation for denial of the permit application
shall take a 4/5th vote of approval by the council.
(5) The
city must take action to approve or deny the application for the tower
permit no later than sixty (60) days after the original filing with
the community development department. If the application is not denied
within said sixty (60) day period, then the application shall be deemed
to be approved. Any decision by the city council to deny a tower permit
shall be in writing and in a written record.
(Ordinance 2020.05.14C, sec. 1 (93.08),
adopted 5/14/20)
(a) Application.
Variances to the requirements regarding
the setback or maximum height requirements may be made by application
to the community development department. If the proposed transmission
tower or ancillary facility is an outright permitted use, the request
for a variance shall be processed through the planning and zoning
commission and the city council concurrent with the tower permit application.
Variance applications may run concurrent with the original permit
application for a new tower. If the proposed transmission tower or
ancillary facility requires site review or a special use permit, the
request for variance shall be considered as part of the site review
or special use permit process.
(b) Approval procedure.
Variances regarding tower regulations
shall follow the following process:
(1) The variance application shall be placed on the agenda for the next
available meeting of the planning and zoning commission for a public
hearing, review, and a recommendation to the city council regarding
the application. No published advertisement shall be required for
the public hearing. Any recommendation to the council by the commission
shall be in writing and recommendations for denials shall be supported
by substantial evidence contained in a written record.
(2) The variance application shall then be placed on the agenda for the
next available meeting of the city council following the meeting at
which the planning and zoning commission rendered its recommendation
regarding the tower permit application, for a public hearing, review,
and action by the city council regarding the application. No published
advertisement shall be required for the public hearing. To override
the commission’s recommendation for denial of the permit application
shall take a 4/5th vote of approval by the council.
(c) Recommendation by community development department.
The community development department shall be responsible for making
an advisory recommendation to the commission and council on each application
for a waiver or variance. Said recommendation shall be in writing
and furnished to the commission, council, and the applicant at least
three days prior to the scheduled hearings.
(d) Waiver and variance criteria.
The city may grant a waiver
from the minimum setback and maximum height requirements only upon
proof that:
(1) The applicant demonstrates that a transmission tower taller than
the allowable height designated herewithin for that zoning district
will directly eliminate the need for one or more additional transmission
towers in said zoning district.
(2) The applicant demonstrates that there are no less intrusive means
for installing the tower or antenna to meet the coverage needs. This
burden may only be met where the applicant proves that the request
meets the following standards and criteria, to the extent applicable:
(A) The location of existing uses, structures or other features on or
adjacent to the property creates a need for the waiver or variance;
(B) The request is not based exclusively upon the desire to reduce the
cost of developing the site or to circumvent the requirements;
(C) The proposed waiver or variance is the minimum necessary to address
the need for the request;
(D) The proposed waiver or variance will reflect, to the greatest extent
reasonably practicable, the physical character, massing, scale and
architecture of the surrounding land uses;
(E) The proposed waiver or variance will not have a significant detrimental
impact on adjacent property values;
(F) The strict application of the requirements of this article would
constitute a substantial hardship to the applicant, which hardship
is not self-created or self-imposed.
(Ordinance 2020.05.14C, sec. 1 (93.09),
adopted 5/14/20)
Broadcasting and communication towers or antennas that are to
be constructed on the sites of previously permitted towers, antennas,
buildings or structures within any zoning district shall not require
a special use permit and the planning and zoning commission will make
a recommendation for approval or denial to the city council may [sic]subject
to the following:
(1) The
planning and zoning commission shall recommend approving or denying
the request within thirty (30) days after the filing of the request.
(2) Any
recommendation by the planning and zoning commission to deny a request
for a change or alteration to a previously permitted tower, antenna,
building, or structure shall be in writing and contained in a written
record.
(3) The
application shall then be placed on the agenda for the next available
meeting of the city council, following the meeting at which the planning
and zoning commission rendered its recommendation regarding the tower
permit application, for a public hearing, review of the application
and site plan and action regarding the application. To override the
commission’s recommendation for denial of the permit application
shall take a 4/5th vote of approval by the council.
(4) If
the tower or antenna will increase the overall height of an existing
tower, antenna, building, or structure by more than 15 feet, then
a new tower permit shall be required.
(Ordinance 2020.05.14C, sec. 1 (93.10),
adopted 5/14/20)
Any tower or antenna lawfully existing at the time of the passing
of this article may continue to exist under the standards in effect
at the time that the tower/antenna was originally permitted. However,
any changes or alterations to such previously permitted tower/antenna
shall be subject to this article.
(Ordinance 2020.05.14C, sec. 1 (93.11),
adopted 5/14/20)
All towers/antennas must meet current standards and regulations
of the Federal Aviation Administration (FAA), the Federal Communications
Commission (FCC), and any other federal agency having authority to
govern towers/antennas.
(Ordinance 2020.05.14C, sec. 1 (93.12),
adopted 5/14/20)
Any tower/antenna that has not been in operation for a continuous
period of twelve (12) months shall be considered abandoned, and the
owner or person in control shall remove the same within ninety (90)
days after receipt of written notice from the city at such owner’s
expense. If there is more than one user of a single tower/antenna,
then this section shall not apply until all users cease using the
tower/antenna.
(Ordinance 2020.05.14C, sec. 1 (93.13),
adopted 5/14/20)
All publicly owned antennas or communication structures shall
be licensed, leased, or receive some other form of approval obtained
from the city.
(Ordinance 2020.05.14C, sec. 1 (93.14),
adopted 5/14/20)
(a) Applicability.
The purpose of this section is to provide
for installation of satellite dish antennas designed and used for
reception of television or other electronic communications broadcast
or relayed from an earth satellite and larger than five (5) feet in
diameter.
(b) Required conditions.
(1) Administrative approval of the site plan by the city manager or his
designee.
(2) It may be a solid, open mesh, or bar configured structure, typically
eight (8) to twelve (12) feet in diameter, in the shape of a shallow
dish or parabola.
(3) A satellite dish antenna may be in a residentially zoned district
if it complies with the following conditions:
(A) The dish is ground-mounted.
(B) The dish is not located in a front yard, or in the front yard or
exterior side yard of a corner lot, or in the front yard or exterior
rear yard of a through lot.
(C) The dish complies with the setback requirements for accessory structures
for the district in which it is located. For this purpose, satellite
dishes that are attached to a structure shall be considered a part
of the structure; satellite dishes that are freestanding shall be
considered an accessory building.
(D) The dish does not exceed twelve (12) feet in height above the existing
grade.
(E) Only one satellite dish antenna shall be permitted per lot.
(F) Satellite dish antennas with a diameter measuring less than one meter
(3.28 feet) may be installed in a manner consistent with typical television
antennas.
(G) Satellite dish antennas in residentially zoned districts shall be
used only for private, noncommercial purposes.
(Ordinance 2020.05.14C, sec. 1 (93.15),
adopted 5/14/20)