City of Richland Hills, TX Communication Towers and Television Receivers Ordinance

Purpose.

Certain radio equipment used in transmitting and receiving signal energy are essential and are deemed to promote the health, safety and general welfare of the citizens of the city. The placement of such equipment shall be located so that the health, safety, welfare and aesthetic quality of the community shall not be compromised; therefor, the regulations governing the location of such equipment shall consider the aesthetic quality of the community equal to the health, safety and general welfare of the community. The antennas, masts and towers enumerated in this article shall not be deemed violations of this chapter when made under the conditions provided in this article.

(b)

Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Antenna

means a device used in communications which transmits or receives radio signals.

Antenna, building attached,

means an antenna attached to existing structures in one of the following forms:

(1)

Roof-mounted, in which antennas are placed on the roofs of buildings; or

(2)

Building-mounted, in which antennas are mounted to the sides of buildings.

Such antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, etc.

Antenna facility

means a structure, monopole, tower or lattice tower used to support antennas, which is more than 35 feet tall.

Antenna, microwave,

also known as dish antenna, means a dish-shaped antenna used to link communication sites together by wireless transmission of voice or data, utilizing electromagnetic radiation frequencies from three GHz to 300 GHz; and using relatively low transmitter power levels when compared to other forms of transmission.

Antenna, panel,

also known as directional antenna, means an antenna, or array of antennas, designed to concentrate a radio signal in a particular area. Panel antennae are typically flat, rectangular devices, approximately six square feet in size.

Antenna, whip,

also known as omnidirectional antenna, means a cylindrically shaped antenna which has a diameter between two and six inches, and measures between one and 18 feet in height. Such antennas are used to emit signals in a 360-degree horizontal plane and a compressed vertical plane.

Collocation

means the act of locating wireless communications equipment from more than one provider on a single antenna facility.

Equipment storage

means a small unmanned, single story equipment building, less than 500 square feet in size, used to house radio transmitters and related equipment.

Lattice tower

means a tower having three or four support legs, and holds a variety of antennas. Such towers range from 60 to 200 feet in height, and can accommodate a variety of users.

Monopole

means an antenna facility composed of a single spire, more than 35 feet tall, used to support communications equipment or other visible items. No guy wires are used or permitted on such antenna facility.

Satellite receive-only antenna

means an antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna or satellite earth station antenna.

Tower

means a columnar, guyed structure, more than 35 feet tall, used to support antennas or other visible items.

(c)

Amateur radio equipment and TV antennas in residential districts.

Amateur radio equipment, including ham radio and CB equipment, and personal use TV antennas shall be allowed in the SF-E Single-Family Residential Estate, SF-10 Single-Family Residential, SF-7 Single-Family Residential, MF-1 Two-Family (Duplex) Residential, MF-2 Multiple-Family Residential Medium Density, MF-3 Multiple-Family Residential High Density, and MH Manufactured Home (HUD Code) Zoning Districts within the city if it complies with the following regulations:

(1)

The antenna facility may be building attached, monopoles, towers or lattice towers;

(2)

Only one antenna facility exceeding 35 feet per premises shall be allowed;

(3)

An antenna facility, exclusive of the height of an antenna or mast, shall not exceed 65 feet in height; provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in this chapter; however, the maximum height for a tower permitted without a waiver in any residential district shall be 80 feet;

(4)

The height of an antenna, including the height of an antenna facility to which such antennas may be fastened or attached, shall not exceed 80 feet in height without a waiver;

(5)

An antenna not fastened to an antenna facility shall not exceed 50 feet in overall height without a waiver, except for an antenna which does not extend more than eight feet above the building on which it is mounted;

(6)

An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer's designs and specifications for maximum wind load requirements;

(7)

Setbacks:

Antennas and antenna facilities shall not be permitted in front or side yards;

Guy wires are not permitted in front yards;

Guy wires are permitted in required side and rear yards;

Setback for antenna facilities shall be the same as is required for accessory buildings in residential districts as set forth in this chapter.

(8)

There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record;

(9)

Antenna facilities shall not be permitted in any easement;

(10)

No auxiliary or outdoor lighting above 20 feet shall be allowed on antenna facilities located on residentially zoned property within the city, and no lights so located shall be directed off one's property, except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission;

(11)

A building permit shall be obtained prior to the construction and/or installation of an antenna facility. Antenna facilities must be installed as per the manufacturer's recommendations or under the seal of a registered professional engineer of the state;

(12)

Antennas and/or antenna facilities obviously not in use or in need of maintenance, as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property and public welfare;

(13)

No part of an antenna, antenna facility or an attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility without written permission from affected property owners;

(14)

No permit shall be issued for the installation of an antenna or antenna facility on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the building department;

(15)

All antennas and antenna facilities shall be subject to an inspection every five years by a qualified expert. Such inspection is to be conducted and charged for by the city in accordance with provisions in the building code adopted in chapter 14 of the City's Code of Ordinances;

(16)

A waiver must be obtained from the zoning board of adjustment for an antenna facility which does not comply with the regulations set forth in this subsection (c) (see subsection (h) Waivers for Antennas); and

(17)

The zoning board of adjustment shall approve a requested application for a waiver upon documentation that such waiver is necessary and critical to the communications operation of the facility.

(d)

Commercial antennas in residential districts.

Only building attached antennas shall be allowed in residentially zoned districts under the following conditions:

(1)

A waiver must be obtained from the zoning board of adjustment (see subsection (h) Waivers for Antennas);

(2)

The proposed antenna must be attached to or enclosed in an existing structure currently or last occupied by a nonresidential use as set forth in this chapter, or attached to a power or telephone pole, water storage tower or other utility structure;

(3)

The antenna must not extend over eight feet above the structure to which it is attached;

(4)

A minimum of 1,500 feet of separation shall be required between antenna facilities;

(5)

If attached to the exterior of a structure or a power or telephone pole, water storage tower or other utility structure, the antenna must be at least 75 feet above grade and painted to match the structure to which it is attached;

(6)

The antenna may be placed lower than 75 feet above grade if completely enclosed within existing architectural elements of a building so as not to be visible;

(7)

Any associated equipment storage building shall be screened from public view by a decorative wall composed of masonry or engineered decorative concrete panels, such wall to be not less than six feet in height, with landscaping for aesthetic purposes;

(8)

All driveways accessing an antenna facility site or equipment storage site shall be constructed of an all-weather hard surface as approved by the building official;

(9)

No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property, except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission;

(10)

A building permit must be obtained prior to the construction and/or installation of a tower, antenna or mast. Towers must be installed as per the manufacturer's recommendations or under the seal of a registered professional engineer of the state;

(11)

Antennas obviously not in use or in need of maintenance, as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property and public welfare;

(12)

No part of an antenna, antenna facility or any attachment thereto may extend beyond the property lines of the owner of such antenna;

(13)

No permit shall be issued for the installation of an antenna facility on a structure or property, unless a notarized statement of permission from the owner is presented to the building department; and

(14)

All antennas or antenna facilities shall be subject to an inspection every five years by a qualified expert. Such inspection may be conducted and charged for by the city in accordance with provisions in the building code adopted in chapter 14 of the City's Code of Ordinances.

(e)

Commercial and industrial districts.

Radio, television, microwave broadcast relay, receiving towers and transmission and retransmission facilities, satellite receiving only earth stations (home dish antenna) and any electronic emission equipment of a commercial nature shall be allowed in the P Professional Office, R Retail, LC Light Commercial, HC Heavy Commercial, I Industrial, and MX Mixed Use Zoning Districts if it complies with the following regulations:

(1)

Only one antenna facility shall be allowed per premises;

(2)

Antenna facilities shall be limited to building attached and monopoles only;

(3)

An antenna facility, exclusive of the height of any attached antenna, shall not exceed 35 feet in height; provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building as set forth in this chapter; however, the maximum height for an antenna facility permitted without a waiver in a P Professional Office, R Retail, LC Light Commercial, HC Heavy Commercial, I Industrial, or MX Mixed Use District shall be 65 feet;

(4)

The height of an antenna, including the height of an antenna facility to which such antenna may be fastened or attached, shall not exceed 65 feet in height without a waiver;

(5)

An antenna not fastened to an antenna facility shall not exceed 50 feet, except for an antenna which does not extend more than eight feet above the building on which it is attached;

(6)

(7)

Setbacks:

Antennas and antenna facilities shall not be permitted in front or side yards;

Antennas and antenna facilities shall be setback from residential districts a minimum distance equal to two times the height of the tower, but in no instance shall the setback be less than 200 feet from any residentially zoned district.

(8)

There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record, with the exception of structure mounted antennas which shall have a separation of 1,500 feet from the antenna facilities;

(9)

Antenna facilities shall not be permitted in any easement;

(10)

No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property within the city, except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission;

(11)

A building permit shall be obtained prior to the construction and/or installation of a tower, antenna or mast. Antenna facilities must be installed as per the manufacturer's recommendations or under the seal of a registered professional engineer of the state;

(12)

Antenna facilities and antennas obviously not in use or in need of maintenance, as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property and public welfare;

(13)

No part of an antenna, antenna facility or an attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility;

(14)

(15)

All antennas and antenna facilities shall be subject to an inspection every five years by a qualified expert. Such inspection may be conducted and charged for by the city in accordance with provisions in the building code adopted in chapter 14 of the City's Code of Ordinances;

(16)

A waiver must be obtained from the zoning board of adjustment for an antenna or tower which does not comply with the regulations set forth in this subsection (e) (see subsection (h) Waivers for Antennas).

(f)

Written report upon denial of request.

The city shall document in writing any denial of a request to place, construct or modify personal wireless service facilities. Such documentation shall be supported by substantial evidence within the written record.

(g)

Satellite receive-only antennas.

(1)

Satellite receive-only antennas assist individuals in the receipt of satellite transmitted television signals. Satellite receive-only antennas shall not be deemed to be a violation of this chapter when such antennas conform to the conditions set forth in this subsection, and such conditions are found to be reasonable and clearly define health, safety and aesthetic objectives. A satellite receive-only antenna shall be allowed within the city if it complies with the following:

Such antenna is two meters or less in diameter and is located or proposed to be located in an area where commercial or industrial uses are generally permitted by nonfederal land use regulations; or

The antenna is less than one meter in diameter in any zoning district.

(2)

Satellite receive-only antennas shall be allowed in Residential Districts if such antennas are greater than one meter in diameter, and shall be allowed in Commercial or Industrial Districts if such antennas are greater than two meters in diameter. Such antennas shall be allowed in any zoning district if it complies with the following additional regulations:

Only one satellite receive-only antenna per lot of record shall be allowed;

Satellite receive-only antennas shall not exceed ten feet in height;

Setbacks for satellite receive-only antennas shall be as follows:

Front and side.

Such antennas shall not be permitted in front or side yards;

Rear.

Such antennas shall be permitted in rear yards, provided they meet the minimum setback as is required for accessory buildings in Residential Districts and for all buildings in Nonresidential Districts as set forth in this chapter.

There shall be no minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record;

Satellite receive-only antennas shall not be permitted in easements;

No auxiliary or outdoor lighting shall be allowed on satellite receive-only antennas, except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission;

A building permit must be obtained prior to the construction and/or installation of a satellite receive-only antenna. Such antennas must be installed as per the manufacturer's recommendations or under the seal of a registered professional engineer of the state;

Satellite receive-only antennas obviously not in use or which are obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property and public welfare;

No part of a satellite receive-only antenna or any attachment thereto may extend beyond the property lines of the owner of such antenna;

No permit shall be issued for the installation of a satellite receive-only antenna on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the building department; and

All satellite receive-only antennas shall be screened from view from adjoining properties by solid fencing or evergreen plants. A satellite receive-only antenna located within a fence surrounding the yard in which the antenna is located shall be considered to be screened.

(h)

Waivers for antennas.

Waivers from the zoning board of adjustment as mentioned above shall be processed in the same manner as a special exception from the zoning ordinance.

[Ord. No. 1274-14, § 7(Exh. G), 5-6-2014]