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 the residents and businesses
in the City. This section governs the placement of these facilities
to:
A.
Facilitate the provision of wireless telecommunication services
to the residents and businesses of the City;
B.
Encourage operators of antenna facilities and antennas to locate
them in areas where the adverse impact on the community is minimal;
C.
Encourage Co-Location on both new and existing Antenna Facilities;
D.
Encourage operators of Antenna Facilities to configure them
in a way that minimizes the adverse visual impact through careful
design, landscape screening, and innovative stealth techniques; and
E.
Enhance the ability of wireless telecommunication providers
to provide services to the community effectively and efficiently.
(Ordinance 2017-13 adopted 10/2/2017)
The following regulations apply to all Antenna Facilities located
within any district of the incorporated limits of the City and within
the ETJ upon a City-approved Development Agreement.
A.
Applicability. Except as specifically provided, all new Telecommunications
Towers or Antennas in the City shall be subject to the regulations
contained in these regulations. Preexisting Towers and Preexisting
Antennas lawfully in existence as of October 16, 2007 shall not be
required to meet the requirements of these regulations, other than
those contained in 9 and 11 below.
1.
Equipment Storage Building. An Equipment Storage Building or
Structure associated with Antenna Facilities or an Antenna shall be
screened and landscaped as described in other sections of this ordinance,
or be incorporated into the stealth treatment so that it is consistent
and complementary with the existing structures and uses on the premises.
Each Equipment Storage Building or Structure or cabinet must be made
of Masonry material or enameled metal. Alternative materials may be
permitted upon recommendation by the Planning and Zoning Commission
and approval by the City Council. The base of all tower facilities
must be screened with a masonry wall that will completely screen the
Equipment Storage Building or Structure (Pertaining to Wireless Facilities).
2.
Driveway Surfaces. All Telecommunications Tower Facilities must
have an access drive that is constructed of asphalt or concrete. One
(1) off-street parking space must be provided at each Telecommunications
Tower Facility.
3.
Lights. No outdoor lighting shall be allowed on Antenna Facilities
except lights or lighting that is by required by the Federal Aviation
Administration or the Federal Communications Commission.
4.
Antenna Facility Capacity. All new Antenna Facilities must be
structurally designed to allow for at least two (2) sets of antennas.
5.
Tower Types. Only monopole, alternative mounting structures
or Stealth Facility towers are permitted in the City.
6.
Prohibited in Easements. Antenna Facilities shall not be placed
in easements unless authorized by the easement holder.
7.
Construction Standards. A building permit must be obtained prior
to the construction or installation of Antenna Facilities. Antenna
Facilities must be installed according to the manufacturer's recommendations
and under the seal of a professional engineer registered in the State
of Texas. Additionally, all Antenna Facilities shall comply with applicable
state and local building codes.
8.
Building Codes/Safety Standards. To ensure the structural integrity
of Antenna Facilities, the owner of the facility must ensure that
it is maintained in compliance with all provisions of the City building
code and zoning regulations. If upon inspection, the City concludes
that an Antenna Facility fails to comply with such codes and regulations
or constitutes a danger to persons or property, then upon written
notice to the owner of the Antenna Facility, the owner shall have
thirty (30) days to bring such tower into compliance with applicable
standards. Failure to bring such tower into compliance shall constitute
grounds for the removal of the Antenna Facility at the owner's expense.
This notice requirement shall not preclude immediate action by the
Building Official as allowed by law if public safety requires such
action.
9.
Contained on Property. No part of an Antenna Facility may extend
beyond the property lines or required building lines of the lot on
which the Antenna Facility is located.
10.
State or Federal Requirements. All Antenna Facilities must meet
or exceed current standards and regulations of the FAA, the FCC, and
any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, and if the controlling state or federal agency mandates
compliance, then the towers and antennas must be brought into compliance
with such revised standards and regulations within six (6) months
of the effective date of such standards and regulations, unless a
different compliance schedule is mandated by the controlling state
or federal agency.
11.
Antenna Variance. An Antenna Variance granted by the Board of
Adjustment, following the procedure and requirements outlined in 2.11.03.
Zoning Variance, is required for an Antenna Facility that will not
comply with the requirements of this section unless otherwise specified
herein.
12.
Height Limitations. Unless otherwise stated herein or required
by the FCC, the maximum height of any Antenna Facility shall not exceed
ten (10) feet above the maximum height limitation applicable for the
zoning district.
(Ordinance 2017-13 adopted 10/2/2017)
A.
Amateur Radio Antenna and TV Antennas. Amateur Radio Antennas
and TV Antennas are allowed as accessory uses in the Residential Zoning
Districts or any residentially zoned Planned Development (PD) district.
Amateur Radio Antennas and TV Antennas must comply with the following
regulations:
1.
Antenna Facility Location. Amateur Radio Antennas and TV Antennas
can only be located on a roof or in the back yard of a residence.
2.
Number of Facilities per Lot. No more than one (1) TV Antenna
and one (1) Amateur Radio Antenna are permitted on each lot. Amateur
Radio Antennas are only permitted for operators that have an amateur
radio operator license from the FCC and the operator must provide
the City proof of a current FCC license before an Amateur Radio Antenna
is installed or maintained on a lot.
3.
Height Limitations. An Amateur Radio Antenna or a TV Antenna
shall not extend more than eight (8) feet above the maximum height
limitation applicable for the zoning district.
4.
Setbacks. Amateur Radio Antennas or TV Antennas are not permitted
within any required setback area.
B.
Satellite Receive-Only Antennas Less Than One Meter in Diameter.
Satellite Receive-Only Antennas, one (1) meter or less in diameter
shall be permitted as an accessory use in the Residential Zoning Districts
or any residentially zoned Planned Development (PD) district. Satellite
Receive-Only Antennas must comply with the following regulations:
1.
Antenna Facility Location. Satellite Receive-Only Antennas less
than one (1) meter in diameter can only be located on a roof or in
the back yard of a residence.
2.
Number of Facilities per Lot. No more than one (1) Satellite
Receive-Only Antenna less than one (1) meter in diameter is permitted
on each lot.
3.
Height Limitations. A Satellite Receive-Only Antenna less than
one (1) meter in diameter cannot extend more than eight (8) feet above
the maximum height limitation applicable for the zoning district.
4.
Setbacks. Satellite Receive-Only Antennas less than one (1)
meter in diameter are not permitted within any required setback area.
C.
Satellite Antennas Greater Than One Meter in Diameter. A Satellite
Antenna greater than one (1) meter in diameter is permitted as an
accessory use under the following conditions:
1.
Nonresidential Zoning Districts. Satellite Antennas greater
than one (1) meter in diameter is an accessory use permitted by right
in Nonresidential Zoning Districts.
2.
Residential Zoning Districts. Satellite Antennas greater that
one (1) meter in diameter are only allowed in Residential Zoning Districts
upon the approval of a Special Exception granted by the Board of Adjustment.
3.
Height. Satellite Antennas greater than one (1) meter in diameter
shall not exceed ten (10) feet in height above the base of their mount.
4.
Location. Satellite Antennas greater than one (1) meter in diameter
cannot be erected in any required setback or in the front of residential
structures.
5.
Screening. Satellite Antennas greater than one (1) meter in
diameter that are mounted on the ground shall be screened from view
from adjoining properties by solid fencing or evergreen plants to
a height of a least six (6) feet.
D.
Co-Location.
1.
Co-Location of Antenna Facilities is encouraged, subject to
the following conditions:
2.
Co-Location Applications must be processed within sixty (60)
days of receipt by the City Manager. All other Applications must be
processed within one hundred fifty (150) days of receipt by the City
Manager. The time period for processing Applications may be extended
beyond ninety (90) or one hundred fifty (150) days by mutual consent
of the personal wireless service provider and the City Manager.
3.
If the City Manager finds that an Application is incomplete
as filed, the City Manager shall notify the Applicant within thirty
(30) days that their Application is incomplete. When incomplete Applications
are filed, the sixty (60) or one hundred fifty (150) day time period
is tolled and does not include the time that the Applicant takes to
respond to the City Manager's request for additional information.
The Applicant shall respond to any request for additional information
by the City Manager within sixty (60) days.
|
Table 39. Facilities and Required Waivers
| ||||
|
Type of Facility
|
New Antenna Facility
|
Co-Location on Existing Facility
| ||
|
Waiver?
|
Waiver?
| |||
|
Satellite Receive Only < 1 meter
|
No
|
No
| ||
|
Satellite Antenna > 1 meter in Commercial Area
|
No
|
No
| ||
|
Satellite Antenna > 1 meter in Residential Area
|
Yes
|
No
| ||
|
Amateur Radio Antenna Complying with Height Limits
|
No
|
No
| ||
|
Amateur Radio Antenna Exceeding Height Limits
|
Yes
|
No
| ||
|
Television Antennas
|
No
|
No
| ||
|
Level 1 S.F in FC, UR, WC or DR District
|
No
|
No
| ||
|
Level 2 S.F in FC, UR or WC District
|
No
|
No
| ||
|
Level 2 S.F in DR District
|
Yes
|
No
| ||
|
Level 3 S.F in FC, UR or WC District
|
No
|
No
| ||
|
Level 3 S.F in DR District
|
Yes
|
No
| ||
|
Level 4 S.F in FC or UR District
|
No
|
No
| ||
|
Level 4 S.F in WC or DR District
|
Yes
|
No
| ||
|
Monopole Tower up to 120' in Height in FC, UR or WC District
|
Yes
|
No
| ||
|
Monopole Towers In DR Districts or Over 120' in Height
|
Yes
|
No
| ||
|
Note: Building permit may be required in accordance with the
City's adopted building codes.
|
(Ordinance 2017-13 adopted 10/2/2017)
This section does not apply to Amateur Radio Antennas, TV Antennas,
and Satellite Receive-Only Antennas. For the purpose of determining
the appropriate locations for the placement of antenna facilities,
the City is divided into land use threshold areas that establish different
regulations pertaining to height, location, and type of Antenna Facility.
These land use thresholds are defined as follows:
A.
Full Commercial ("FC"). Property within any of the Nonresidential
Zoning Districts or any nonresidentially zoned Planned Development
(PD).
B.
Undeveloped Residential ("UR"). Property within any of the Residential
Zoning Districts or any residentially zoned Planned Development (PD)
that:
C.
Wireless Corridors ("WC"). Property within, and one hundred
fifty (150) feet either side of, the Right-of-Way of a freeway or
a major or minor Arterial Street, as indicated on the City's Thoroughfare
Plan.
D.
Developed Residential ("DR").
1.
Land within any of the Form Districts (F1, F2, F3, F3H, F4,
F4H, F5, F5H), or
E.
Setbacks for Antenna Facilities. A communications tower shall
be set back from Right-of-Ways and adjacent properties in accordance
with the following minimum setback requirements. Consideration toward
reducing the setback shall require specifications as to the engineered
"fall" characteristics of a tower and the nature of neighboring land
uses. A reduction in setbacks may be granted based upon location within
the above identified threshold areas, location of nearest structure,
height of the tower, height of any individual section of the tower,
the height of the tower structure upon collapse.
1.
For new ground-mounted tower proposal sites where the allowed
zoning district is adjacent to a residentially-zoned district or residential
use, such tower shall not be located closer than three hundred (300)
feet from the property line of a residential use or from a residential
zoning boundary and not be higher than one hundred (100) feet at that
distance. For every additional foot of height proposed, the tower
shall be setback an additional one (1) foot.
2.
For proposals extending the height of an existing ground-mounted
tower that does not require modification to the existing tower foundation,
where the allowed zoning district is adjacent to a residentially-zoned
district or residential use, such tower shall not be located closer
than the fall zone distance, defined as the entire height of the ground-mounted
tower plus an additional 30 feet, from the property line of a residential
use or from a residential zoning boundary.
3.
Towers shall be setback a minimum of one hundred (100) feet
from a public Right-of-Way classified as a major collector or of a
larger classification. For a public Right-of-Way classified smaller
than a major collector, the minimum setback shall be fifty (50) feet.
The classification of streets, roads and highways shall be in accordance
with the thoroughfare plan, as amended.
F.
General Design Requirements for Antenna Facilities.
1.
Any mast, pole, structure, tower, building, equipment, and other
supporting material for Antenna Facilities shall be painted in earth
tone colors. Exposed or galvanized metal shall be prohibited.
2.
All ancillary structures associated with such towers or poles,
including but not limited to an Equipment Storage Building or Structure
Equipment Storage Building or Structure (Pertaining to Wireless Facilities),
shall be designed in accordance with Subsection 2.09. Zoning Development
Regulations.
3.
All Antenna Facilities shall be landscaped and screened in accordance
with Subsection 2.09. Zoning Development Regulations.
(Ordinance 2017-13 adopted 10/2/2017)
For the purpose of determining appropriate locations for Antenna
Facilities, the City recognizes differing levels of impact for Antenna
Facilities depending upon physical location and land use compatibility.
These Antenna Facility impact levels are described as follows:
A.
Monopole. A monopole tower requires a Waiver. The antenna equipment
may not extend more than five (5) feet above the highest point on
the monopole.
|
Figure 65. Monopole Tower
|
B.
Level 4 Stealth Facility. The antenna on a Level 4 Stealth Facility
is located on an existing structure (other than a telecommunications
tower) including, but not limited to, a building, water tower, utility
tower, steeple, or light pole. The Antenna is neither screened nor
hidden. For the purpose of this level, a pole or tower may be reconstructed
to structurally hold the Antenna but the height of the structure shall
not be increased.
|
Figure 66. Level 4 Stealth Facility
|
C.
Level 3 Stealth Facility. The antenna on a Level 3 Stealth Facility
is located on an existing structure (other than a telecommunications
tower) including, but not limited to, a building, water tower, utility
tower, steeple, or light pole. The Antenna shall be painted, constructed,
or applied with material so that it is incorporated into the pattern,
style, and material of the structure to effectively render the Antenna
unnoticeable. A new structure may be constructed to hold or house
the antenna or equipment; however, the structure must be consistent
with the overall architectural features of the primary buildings.
|
Figure 67. Level 3 Stealth Facility
|
D.
Level 2 Stealth Facility. The antenna on a Level 2 Stealth Facility
is attached to the structure in such a manner that if it is seen it
appears unrecognizable as an antenna, and the structure in which or
on which the antenna is attached is an integral part of an overall
development.
|
Figure 68. Level 2 Stealth Facility
|
E.
Level 1 Stealth Facility. The antenna on a Level 1 Stealth Facility
is attached to the structure in such a manner that the antenna is
completely unseen and the structure in which or on which the antenna
is attached is an integral part of an overall development.
|
Figure 69. Level 1 Stealth Facility
|
(Ordinance 2017-13 adopted 10/2/2017)
Antenna Facilities shall be located in accordance with the following
siting matrix. This matrix provides for areas where Antenna Facilities
may be located as permitted uses and areas where they may be located
with an Antenna Location Waiver.
|
Table 40. Antenna Facility Siting Matrix
| ||||
|
Facility Type
|
FC
|
WC
|
UR
|
DR
|
|
Monopole over 120'
|
Waiver
|
Waiver
|
Waiver
|
Waiver
|
|
Monopole up to 120'
|
Waiver
|
Waiver
|
Waiver
|
Waiver
|
|
Level 4 Stealth Facility
|
Permitted
|
Permitted
|
Waiver
|
Waiver
|
|
Level 3 Stealth Facility
|
Permitted
|
Permitted
|
Waiver
|
Waiver
|
|
Level 2 Stealth Facility
|
Permitted
|
Permitted
|
Permitted
|
Waiver
|
|
Level 1 Stealth Facility
|
Permitted
|
Permitted
|
Permitted
|
Waiver
|
(Ordinance 2017-13 adopted 10/2/2017)
A.
Application. In order to be considered complete for purposes
of evaluation, an Application to locate Antenna Facilities or Antennas
that requires an Antenna Location Waiver must follow the approval
process for a Zoning Special Exception and include the following information:
1.
An Antenna Location Waiver Application and appropriate fee.
2.
A narrative detailing the proposed Antenna Facility. The narrative
must indicate the following:
a.
Whether the proposed structure is a Co-Location, a new monopole
tower or a new alternate mounting structure.
b.
The height of the proposed tower. Where site conditions permit,
the Applicant shall conduct a balloon test within two (2) weeks of
Application submittal. This test shall consist of raising balloons
to a height equal to the proposed tower. The balloons should be of
a color material that provides maximum visibility. The Applicant shall
notify the Director of Planning of the time of the balloon test at
least two (2) days before the test is to occur to allow staff to conduct
field visits during the test.
c.
Reason the Antenna Facility is necessary at the proposed location.
d.
The name(s) of the telecommunications providers or other users
of the Antenna or tower and describe the use to be made by each user;
e.
Whether the Applicant has made an effort to Co-Locate the facilities
proposed for this Antenna Facility on existing Antenna Facilities
in the same general area. Identify the location of these existing
sites, and describe in detail these efforts and explain in detail
why these existing sites were not feasible.
f.
Indicate whether the existing sites allow/promote Co-Location
and, if not, describe why not.
g.
Whether Co-Location will be allowed to other telecommunications
providers at the requested site.
h.
Whether camouflage technology is an appropriate option for the
site. If it is an option, provide a complete description of the suggested
camouflage, including style and materials to be used, a photographic
depiction of the proposed facility, and a maintenance plan detailing
provisions for the continued effectiveness of the suggested camouflage
for the life of the facility. If it is not an option, state every
reason and the basis of each reason.
3.
Provide a site plan of the proposed Antenna Facility at a scale
of 1" = 30'. The site plan should be on a single 24" X 36" sheet and
include:
a.
A survey and legal description of the proposed Antenna Facility;
b.
A detail on how access to the site is to be achieved;
c.
A plan view layout of the proposed Antenna Facility clearly
showing:
d.
The location of the facility,
e.
All equipment and structures in the proposed Antenna Facility,
f.
The required off street parking space,
g.
Distances to property lines, including adjacent land uses and
zoning structures,
h.
Required setbacks,
i.
Location of all buildings and structures within three hundred
(300) feet,
j.
Existing structures on the site,
k.
Required landscaping or screening of the base of the tower,
l.
All recorded and proposed easements, and
m.
Natural features, such as water courses and trees.
4.
Elevation drawings showing:
a.
The design and height of the proposed Antenna Facility.
b.
Detailed drawings of all structures and equipment, including
Photo-Simulation.
c.
Screening requirements.
d.
All requirements specified in Wireless Antenna Facility Special
Exception Request Site Plan Check List (refer to the City's Development
Process Administrative Manual)
5.
If the requested location is in a Residential Zoning District,
the Applicant must provide evidence that they have made an effort
to locate the facility in a Nonresidential Zoning District. Identify
the location of these Nonresidential Zoning District sites, describe
in detail these efforts, and explain in detail why these nonresidential
sites were not feasible. Attach all studies or tests performed which
demonstrate why the nonresidential sites will not provide sufficient
signal coverage.
6.
Provide a map showing the proposed provider's current coverage
area for the City. The map must show the roadway network and be labeled.
The Applicant must also provide propagation analysis showing the areas
the proposed provider's existing Antenna currently covers, the areas
the Applicant's existing sites and the requested site would cover.
The propagation analysis must be labeled and have a legend.
7.
Describe the Applicant's Master Antenna Facilities Plan for
the City. Attach maps and other related documentation. Provide information
indicating each phase of the plan.
8.
Provide an independent engineer's certification that any proposed
co-located tower will comply with ANSI and other industry safety and
structural codes and standards.
9.
Provide review and sign-off by Director of Planning regarding
compliance with any applicable historic district provisions.
10.
Provide documentation for the proposed site showing compliance
with current zoning requirements and any other applicable codes for
the City, as well as any applicable State laws.
11.
Provide documentation of any necessary approvals from the State
or other entities needed for the site.
B.
Consideration of Application. In considering whether to grant
an Antenna Location Waiver, the Board of Adjustment shall consider
the following:
1.
The appropriateness of the location and design of the Antenna
Facility;
2.
The potential for interference with the enjoyment of the use
surrounding properties;
3.
The proposed height of the Antenna Facility relative to surrounding
structures;
4.
The zoning district and the adjoining zoning districts of the
property for which the Waiver is sought;
5.
The recommendation of the Director of Planning;
6.
The compliance with City regulations; and
7.
The availability of suitable alternative sites.
a.
Suitable alternative site(s) shall mean a location or locations
that would provide the same or better signal coverage than the proposed
site for which a Waiver is requested. The Applicant shall provide
documentation supporting his contention that alternative site(s) are
not suitable or available.
C.
Procedures for Consideration of Antenna Location Waiver. The
procedures for consideration of an Application for a Waiver requested
under this section shall be in accordance with the procedures outlined
in 2.11.04. Zoning Special Exception.
(Ordinance 2017-13 adopted 10/2/2017)
Denial of an Application for an Antenna Location Waiver under
this section 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 2017-13 adopted 10/2/2017)
An Applicant may appeal the decision of the Board of Adjustment
to the District Court by filing a written Notice of Appeal within
ten (10) days following the date the City notifies the Applicant of
the decision. A decision not timely appealed in accordance with this
section shall be final.
(Ordinance 2017-13 adopted 10/2/2017)
