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)
