As used in this article, the following words and terms shall
have the meanings ascribed below, unless the context of their usage
clearly indicates another meaning:
means any modification, replacement, or reconstruction that
increases the height or materially increases the dimension of a tower
structure.
means a device or system of wires, poles, rods, dishes, discs,
or similar devices used for the transmission or receipt of electromagnetic
waves.
means the design of a tower or tower structure that blends
into the surrounding environment and is visually unobtrusive. Examples
of a camouflage design or tower are: architecturally screened, roof-mounted
antenna, array, or equipment; building-mounted antenna, array, or
equipment that is painted and treated as an architectural element
to blend with the existing building; designs that conceal the antenna,
array, or equipment; man-made trees; clock towers; bell towers; steeples;
light poles; and similar alternative-design mounting structures.
means the City of Brookshire and its appointed and elected
officials and employees.
means the city council of the City of Brookshire.
means the city's code enforcement officer.
means the Federal Aviation Administration.
means the Federal Communications Commission.
means the lowest point of elevation of the finished surface
of the ground, paving or sidewalk within the area between the building
or structure and a line five feet from the building or structure.
means the vertical distance above a reference datum measured
to the highest point of the coping of a flat roof or to the deck line
of a mansard roof or to the average height of the highest gable of
a pitched or hipped roof. The height of a stepped or terraced building
is the maximum height of any segment of the building. The reference
datum shall be selected by either of the following, whichever yields
a greater height of the building:
The elevation of the highest adjoining sidewalk or ground surface
within a five-foot horizontal distance of the exterior wall of the
building when the sidewalk or ground surface is not more than ten
feet above the lowest grade.
An elevation ten feet higher than the lowest grade when the
sidewalk or ground surface described in item (1) above is more than
ten feet above lowest grade.
means the vertical distance between the finished grade at
the base of the tower or the lowest point of contact with the building,
and the highest point of the tower structure, excluding the antenna,
if any.
means a fixed, freestanding, uninhabitable structure of a
minimum height of 100 feet, specifically designed to carry light fixtures
that is built on land on, along or adjacent to streets, roads, highways,
or bridges maintained by the state or political subdivision of the
state.
means any property of the state or political subdivision
thereof that is designated for and restricted to use by the public
for park purposes.
means any person, company, corporation, cooperative corporation,
partnership, or any combination thereof, that is subject to both a
municipal franchise agreement and the comprehensive regulatory system
established by and defined in the Texas Public Utility Regulatory
Act, that owns or operates for compensation equipment or facilities
for:
Producing, generating, transmitting, distributing, selling,
or furnishing electricity; or
The conveyance, transmission, or reception of communications
over a telephone system as dominant carrier.
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The term "public utility" shall not include, as is defined in
the Public Utility Regulatory Act, telegraph services, television
stations, radio stations, community antenna television services, general
radio-telephone services, or radio-telephone services authorized under
the public mobile radio services rules of the FCC or private water
companies.
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means any permanent building or structure containing habitable
rooms for non-transient occupancy, designed and used primarily for
living, sleeping, cooking, and eating, which is intended to be used
or occupied as a dwelling place for residential purposes, whether
or not attached, including homes, town homes, patio-homes, duplexes,
triplexes, quadraplexes, condominiums, and apartments. Multi-unit
complexes shall be included at a ratio of one-eighth of an acre of
land, or any fraction thereof, as being equivalent to one residential
tract. For purposes of calculating the ratio of multi-unit complex
acreage to residential tracts, only that portion of the multi-unit
complex acreage within the residential test area shall be considered.
Hotels, motels, boarding houses, group homes, halfway houses, nursing
homes, hospitals, nursery schools, schools, and childcare facilities
shall not be considered residences. A building or structure located
on a lot or tract of land used as the site of a tower shall not be
considered a residence so long as its primary use is to contain, house,
store, and protect materials or equipment directly related to the
purpose and use of the tower.
means pertaining to the use of land for a residence as is
defined in this section.
means the area around a proposed tower site that, within
the residential test area, contains 50 percent or more tracts wholly
or partially therein that are subject to residential restrictions
or are in use for residential purposes.
means:
A lot which is included within a recorded residential subdivision
subject to any enforceable, valid, and unexpired residential deed
restrictions upon which a residence exists or may be constructed pursuant
to those valid and applicable deed restrictions; or
An unrestricted lot upon which a residence exists.
means one or more restrictive covenants limiting the use
of the property to residential purposes that are contained or incorporated
by reference in a properly recorded map, plat, replat, declaration,
deed, judgment, or other instrument filed in the county real property
records, map records, or deed records.
means the circular area, as described herein, surrounding
a proposed tower structure. The radius of the circle shall be at least
375 feet and not more than 800 feet, and the center of the circular
area shall correspond to the center of the base of the proposed tower
structure. The radius of the circular area shall conform to the following
ratios:
means the circular area surrounding a proposed tower structure and which delineates the area between the site of the proposed tower and the nearest residential structure or residential restricted tract of land as established in section 10-303(d) of this Code.
means all land encompassed within one or more maps or plats
of land within the city that is divided into two or more parts and
are recorded in the deed, map or real property records of the county
or counties in which the land covered by the map or plat is located.
means a fixed, freestanding, or guyed, uninhabitable structure,
not designed as a shelter or to be occupied for any use. This definition
includes, but is not limited to, any such structure supporting antennae
that transmit or receive any portion of the electromagnetic spectrum
of radio waves. The following are, by way of example but not limitation,
towers or tower structures: guyed or freestanding monopole structures;
lattice or open framed structures; antennae supports; water towers;
and, other similar self-supporting, trussed, or open framed structures.
means a contiguous parcel of property under common ownership.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
(a)
An
application for a tower permit shall be submitted to the city and
approved in accordance with the provisions of this article prior to
the construction, placement, or alteration of any tower or tower structure,
as defined in this article and not specifically excluded herein, that
is located within the boundaries of the city.
(b)
A tower
permit shall not be required for any tower repaired, replaced, or
modified with no resulting increase in height or dimension and any
tower repaired, replaced, or modified in order to comply with the
requirements of any statute, regulation, order, or rule of the FCC,
the FAA, or any other federal, state, or governmental agency or authority.
(c)
Notwithstanding
any other provision of this article, the owner of an antenna tower
for which a building permit was issued prior to the adoption of this
article, may, without obtaining a new permit, upon written notice
to the director, replace the tower with a new tower if the new tower
structure complies with the requirements of this article and: (i)
is specifically designed to accommodate additional antenna arrays;
(ii) is not more than 20 feet higher than the tower structure being
replaced; (iii) is not more than 50 feet from the location of the
tower structure being replaced; and, (iv) the center of the tower
structure is no closer to the nearest residence than the center of
the tower structure it replaces. The new tower structure shall be
assigned the same permit number as the tower structure it replaces.
A tower structure may be replaced only once under this subsection.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
This article does not apply to the following structures:
(1)
Church
bell towers and religious symbols associated with a place of worship;
(2)
Tower
structures less than 60 feet in height;
(3)
Tower
structures used primarily for the support of amateur and citizens'
band radio antennae;
(4)
Tower
structures that are attached to, placed upon, or constructed on top
of a building provided that the height of the tower structure does
not exceed 60 feet or the height of the building upon which the tower
is constructed, whichever is less;
(5)
Tower
structures on real property owned, leased, held, used, or dedicated
for use by a public utility for rendering its service, such as tower
structures used primarily for the transmission of electrical power
by a public utility or the conveyance of communications over a telephone
wire-line system operated by a public utility;
(6)
High
mast tower structures or antennas built on land on, along, or adjacent
to streets, roads, highways, or bridges maintained by the state or
a political subdivision of the state;
(7)
Tower
structures constructed or placed on land or other structures owned,
leased, held, or dedicated for use by the state or federal government
or any political subdivision thereof, which land or other structures
are used by the governmental entity primarily for rendering fire,
police, or other public protection services or utility services, whether
or not the tower structure is used jointly by the governmental entity
and any other public or private person or entity for other and additional
public or private purposes; and
(8)
Temporary
tower structures used as or in conjunction with construction cranes.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
(a)
A tower
permit shall not be approved for the construction of a tower on a
lot, tract, or parcel of land where the construction of a tower is
prohibited, expressly or impliedly, by duly recorded and unexpired
deed restrictions or covenants running with the land.
(b)
In
a residential area, a tower permit shall not be approved for the construction
or alteration of a tower structure.
(c)
A tower permit shall not be approved for the construction or alteration of a tower structure unless the proposed tower structure is located a distance at least equal to the setback area set forth in subsection (d).
(d)
A tower
permit shall not be approved for the construction or alteration of
a tower structure unless the distance between the center of the base
of a tower and the nearest residential lot is at least one and one-half
times the height of the tower or tower structure. The foregoing measurement
shall be made to the nearest point on the property line of the residential
lot, unless the tower permit application includes a category 3, condition
II survey, as defined by the Texas Surveyors Association, of all properties
within the setback area. If the survey is provided, the measurement
shall instead be made as follows:
(1)
If a residence has been constructed on the lot, the measurement shall
be from the tower structure to the nearest outside wall of the residential
structure on each lot; or
(2)
If a residence has not been constructed on the lot, the measurement
shall be from the tower structure to the center of the residential
lot minus 25 feet.
(e)
A tower
permit shall not be approved for the construction or alteration of
a tower structure within 1,000 feet of an approved tower structure,
other than a tower structure for which a permit would not be required
under this article. For purposes of this requirement, a tower is considered
to be "approved" when a tower permit has been issued pursuant to this
article and the tower structure has been constructed or any building
permit issued thereunder remains in effect. The director shall promulgate
rules and procedures for establishing precedent to the extent of conflict
between two or more tower structures.
(f)
Property
uses and distances referred to in this section shall be determined
as of the date and time that the completed tower permit application
is filed.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
Each antenna tower structure for which a permit is approved
and issued shall be designed, engineered, and constructed to accommodate
the placement of a minimum of two antenna arrays. This requirement
shall not apply to a camouflage tower.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
(a)
The
base of a tower shall be completely enclosed by a fence, wall, or
barrier which limits climbing access to the tower and any supporting
systems, lines, wires, buildings, or other structures.
(b)
The fence, wall or barrier required by subsection (a) shall not be less than eight feet in height with no openings, holes, or gaps larger than four inches measured in any direction. Gates and doors opening directly into the area enclosed by a fence, wall, or barrier, as required by this section, shall be equipped with a lock to keep, and capable of keeping, the doors or gates securely closed and locked at all times.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
(a)
The
base of a tower, including all mechanical equipment and accessory
structures, shall be screened from view of residential lots by a wooden,
substantially opaque screening fence designed and built to provide
privacy with a minimum height of eight feet.
(b)
The
screening fence may contain gates or doors allowing access to the
tower and accessory structures for maintenance purposes, which shall
be kept completely closed except for maintenance purposes and shall
be located a minimum of 18 feet from the public right-of-way.
(c)
The
requirements of this section do not apply to:
(1)
Any tower constructed or placed a distance of more than two times
the height of the tower structure from all residential lots; or
(2)
Any tower located on a building that is not designed or built primarily
to support the tower, provided that the general public has no physical
access to the tower.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
(a)
A tower
site shall have landscaping maintained in a healthy, growing condition
at all times and in compliance with all applicable ordinances, deed
restrictions, and regulations.
(b)
At a minimum, a tower site shall have one large shrub capable of reaching a minimum height of four feet for each four linear feet of required screening fence; provided that not less than eight large shrubs shall be provided for each tower site. The shrubs required by this subsection shall be installed at the tower site along the exterior side of the screening fence required in section 10-306 of this article.
(c)
At
a minimum, a tower site shall have one street tree, with a minimum
caliper of four inches, for each 50 linear feet of required screening
fence; provided that not less than one street tree along each public
right-of-way bordering the host tract shall be provided at each tower
site.
(d)
The
person or entity in whose name the tower permit is issued shall have
complete responsibility for the maintenance of all landscaping required
by this section.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
(a)
Lettering,
signs, symbols, images, or trademarks large enough to be legible to
occupants of vehicular traffic on any adjacent roadway shall not be
placed on or affixed to any part of a tower, antenna array, or antenna,
other than as required by FCC regulations regarding tower registration
or other applicable law.
(b)
A tower
or tower structure shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required
by law or regulation, a design that reasonably minimizes disturbance
to any adjacent residence or landmark shall be utilized.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
(a)
An
application for a tower permit shall be submitted to the city in the
time and manner prescribed by the director. The applicant shall, with
the filing of the completed tower permit application, submit payment
of the tower permit fees calculated to reasonably cover the expenses
of administering the provisions of this article and stated for this
provision in the city fee schedule.
(b)
The
application shall not be considered complete unless accompanied by
all drawings, descriptive data, filing fees, ownership information,
and other pertinent data that may be required by the director. Each
application for a tower permit or for a waiver shall include envelopes
addressed to the owners and a complete list of those owners, as is
indicated by the most recently approved tax rolls, of all properties
within the residential test area of the proposed tower site.
(c)
In
the event that any of the required documentation, data, reports or
drawings contain any false or erroneous information known to the applicant,
then any permit issued pursuant to that false or erroneous information
shall be void with the same force and effect as if it had never been
issued.
(d)
The
director shall issue a permit for construction, placement, or alteration
of a tower only if it meets the requirements of this article.
(e)
On or before the 30th calendar day following the filing of the required application, the director shall issue to the applicant a written notice of disapproval or preliminary approval of the tower permit. Any notice of disapproval of a tower permit application must include a written report explaining in detail the reasons for disapproval. Any preliminary approval shall be subject to the protest provisions of section 10-312 of this article, and, if no protest is timely filed thereunder, shall become a final approval on the business day next following the close of the protest period. The issuance of a written notice to the applicant shall be complete upon the deposit of the properly addressed notice in the United States mail, first class postage paid.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
(a)
The
notice requirements of this section apply only to applications for
tower permits for the construction, placement, or alteration of towers
subject to the requirements of this article and for waivers from the
requirements of this article. When an application for waiver is not
filed as part of the original application for a tower permit, the
notice requirements of this section apply separately to the waiver
application.
(b)
The
applicant for a tower permit must post and use reasonable efforts
to maintain a sign on the subject tower site for a minimum of 30 calendar
days beginning no later than the sixth calendar day following the
date of the filing of the required completed application with the
city. The sign shall be posted no more than 15 feet from the public
right-of-way that is used as access to the tower site. The sign shall
face each public right-of-way bordering the tower site and the lettering
on the sign shall be legible from the public right-of-way. Each sign
shall be a minimum of four feet by eight feet in size, with lettering
that complies with specifications promulgated by the director. The
sign shall contain at a minimum the following items of information:
(1)
That this is the proposed site of a tower;
(2)
The proposed maximum height above grade of the proposed tower;
(3)
The tower permit application number assigned to this project by the
city; and
(4)
The telephone number of the city where additional information concerning
this project may be obtained.
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The applicant shall remove the sign from the subject tower site
after: (i) the permit is obtained; or (ii) the appeals process is
complete.
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(c)
If,
in the opinion of the director, compliance with the requirements of
this section is insufficient to provide adequate notification of the
pending tower permit application, the director may require additional
signs.
(d)
Written notice of the filing of each application for a tower permit or an application for a waiver, as provided for herein, shall be given to all property owners within the boundaries of the residential area or setback area, as applicable, determined in accordance with the provisions of section 10-303(d) of this article, as is indicated by the most recently approved tax rolls. Notice shall also be given to any civic organization, property owners association, or any other interested group, with identifiable boundaries, provided that the organization, association, or group is registered with the city in a manner prescribed by the director. Notice to all owners of record and civic organizations registered with the city shall be deemed given if properly addressed and deposited in the United States mail, with first class postage paid. The required written notice shall be in a form prescribed by the director and shall be mailed no later than the tenth calendar day following the filing of the required completed application. The written notice shall include a map showing the proposed tower site and the surrounding residential test area or setback area, as applicable.
(e)
Written
notice shall be published at least once in a local newspaper of general
circulation by the city not later than the seventh calendar day following
the date of filing of the required completed application. The notice
shall be published in the section of the newspaper in which other
legal notices are commonly published, and shall be headed with the
following words (or their reasonable equivalent), in conspicuous type:
"NOTICE OF PROPOSED TOWER CONSTRUCTION." The notice shall state the
height and location of the proposed tower site, describe the intended
use of the tower, and advise that additional information may be obtained
by writing or calling the office of the director of planning and development.
(f)
The written notice required in subsection (d) above shall include at a minimum the following:
(1)
The name, address, and telephone number of the person or entity that
will own the proposed tower structure;
(2)
The name, address, and telephone number of the applicant if different
from the owner of the proposed tower;
(3)
The approximate proposed location of the tower structure including
the street address (or nearest street intersection) and the name of
the subdivision or survey if there is no recorded subdivision;
(4)
The proposed use of the tower structure and site;
(5)
The proposed maximum height above grade of the proposed tower structure;
and
(6)
That additional information may be obtained by writing or calling
the office of the director.
(g)
The
applicant shall be responsible for paying all costs associated with
the giving of notice under this article.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
(a)
An
application for a tower permit shall not be approved for a tower that
is not in conformance with the regulations prescribed in this article
unless a written application for a waiver has been submitted to and
approved by the council.
(b)
An applicant for a tower permit who receives written disapproval from the director may elect to submit a written application for a waiver to the council or may appeal the denial of the permit as provided in section 10-312 of this article. An application for a waiver from the requirements of this article may be filed simultaneously with the filing of the application for a tower permit. An application for a waiver made after the disapproval of the tower permit by the director shall be submitted not later than 2:00 p.m. on the seventh calendar day following issuance of the notice of disapproval. The director shall waive this deadline upon a finding of good cause.
(c)
An
application for a waiver shall be submitted in the manner prescribed
by the director citing the specific provision of this article from
which a waiver is desired, the extent of the waiver sought, and the
specific facts or reasons why the waiver is necessary along with all
supporting information or documentation.
(d)
The
council is authorized to consider and grant a waiver from the provisions
of this article, following a public hearing, when the council finds
that each of these conditions exist:
(1)
That a literal application of this article will result in an unreasonable
hardship to the applicant, taking into account any federal or state
licenses the applicant may have received to conduct its business;
(2)
The waiver, if granted, will not be contrary to the public interest
as implemented in this article;
(3)
Consistent with the city's police power authority over towers, the
waiver, if granted, will not be detrimental to the public health,
safety, or welfare;
(4)
The waiver, if granted, will not result in a violation of any other
applicable ordinance, regulation, or statute enforceable by the city;
and
(5)
The waiver, if granted, will not result in the violation of any applicable
deed restriction or zoning regulation or the location of a tower in
a park.
(e)
A waiver from the requirements of section 10-303(e) of this article for an antenna tower shall not be granted unless, in addition to finding that each of the conditions expressed in subsection (d) above is satisfied, the council, after public hearing, finds that no approved tower or tower structure can accommodate the applicant's proposed antenna because the applicant has demonstrated any of the following:
(1)
The approved tower or tower structure located within 1,000 feet of
the proposed tower will not meet the applicant's engineering requirements;
(2)
The approved tower or tower structure located within 1,000 feet of
the proposed tower is not of sufficient height to meet the applicant's
specific engineering requirements;
(3)
The approved tower or tower structure located within 1,000 feet of
the proposed tower does not have sufficient structural strength and
cannot reasonably be reinforced to provide sufficient structural strength;
(4)
The antenna array of the approved tower or tower structure located
within 1,000 feet of the proposed tower would cause electromagnetic
interference with the antenna array of the proposed tower, or the
antenna on the proposed tower or tower structure to be located within
1,000 feet of the approved tower would cause interference with the
antenna array of the approved tower;
(5)
The approved tower or tower structure located within 1,000 feet of
the proposed tower is not adaptable to accommodate additional antenna
arrays or the costs required to share or adapt the approved tower
or tower structure are unreasonable;
(6)
The approved tower or tower structure located within 1,000 feet of
the proposed tower is not available for co-location because the owner
of the approved tower or tower structure or the owner of the tract
on which the approved tower or tower structure is located refuses
to agree to reasonable terms necessary to accommodate the requirements
for the proposed antenna; or
(7)
The approved tower or tower structure located within 1,000 feet of
the proposed tower is not suitable for the specific requirements for
the proposed antenna due to other factors as demonstrated by the applicant,
taking into account any federal or state licenses the applicant may
have received to conduct its business.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
(a)
Any
property owner, association, or group within the residential area
or setback area, as applicable, who has reasonable grounds to believe
that approval of an application for a tower permit, the granting of
a waiver, or the proposed construction will violate any applicable
restriction, rule, regulation, or ordinance may request a hearing
before the council to protest and present evidence establishing their
allegations. The hearing request must state the specific grounds relied
upon and be presented to the office of the director no later than
2:00 p.m. on the seventh calendar day following the date of filing
of the required completed application for a tower permit or waiver,
as applicable. Copies of all supporting documents, instruments, or
other materials that are to be presented to the council shall accompany
the hearing request and shall be available for inspection and photocopying.
(b)
An
applicant for a tower permit that has been denied by the director
has until 2:00 p.m. on the seventh calendar day following the issuance
of a notice of disapproval to file a written notice of appeal in the
manner prescribed by the director. The director shall waive this requirement
upon a finding of good cause.
(c)
Notice
of the time, place, and location of the public hearing at which the
protest or appeal is to be presented must be given by the city before
the tenth day before the date of the hearing by:
(1)
Publication in a newspaper of general circulation in the city and
county in which the land that is the subject of the waiver is located;
(2)
By written notice delivered to the applicant, which shall be served
by depositing the same, properly addressed and postage paid, in the
United States mail, first class postage; and
(3)
By written notice delivered to each property owner, association,
or group registered with the city in the manner prescribed by the
director, within the setback area. The written notice shall be served
by depositing the same, properly addressed and postage paid, in the
United States mail, first class postage.
(d)
All
properly filed appeals and protests concerning the approval or disapproval
of an application for a tower permit or the granting or refusal of
an application for a waiver for a particular project shall be considered
by the council in a single public hearing. The public hearing shall
be scheduled by the director at the next available council meeting,
assuming that proper notice has been given.
(e)
The council, following a public hearing, is authorized to deny a tower permit that is the subject of a protest under subsection (a) upon finding, based on substantial evidence, any of the following:
(1)
The tower permit, if granted, will result in the violation of an
applicable rule, regulation, or ordinance enforceable by the city;
(2)
The tower permit, if granted, will result in the violation of an
applicable deed restriction or zoning regulation; or
(3)
The information contained in the application is erroneous or the
city's analysis of the permit application is based on erroneous information.
(f)
The council, following a public hearing, is authorized to deny a tower permit that is the subject of an appeal under subsection (b) upon finding, based on substantial evidence, that the decision of the director to deny the tower permit is erroneous or the city's analysis of the tower permit application or information therein is erroneous.
(g)
If
the council denies the appeal of the denial of an application for
a tower permit or a waiver or otherwise refuses to approve a tower
permit as a result of a protest, the secretary of the council shall
issue a written report explaining in detail the reasons for the rejection,
disapproval or refusal. The written report shall be issued not later
than 30 calendar days from the date the decision was made.
(h)
The
decision of the council concerning the issuance or denial of a tower
permit or the granting or refusal of a waiver shall be the final administrative
determination of the issue presented.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
(a)
A tower
permit obtained pursuant to the provisions of this article shall become
invalid after the passage of 180 days from the date of final approval
of the tower permit unless any required building permit for the construction
or alteration of the tower has been obtained before the expiration
of that 180-day period.
(b)
The
construction, placement, or alteration of a tower is subject to any
plan review, permitting requirement, or hearing process applicable
to commercial construction in general which is required either by
ordinance or by the rules promulgated by the director; provided that
the regulation or rules are consistent with the provisions of this
article.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
(a)
All
buildings, structures, supporting structures, wires, fences, or ground
areas used in connection with a tower shall be maintained in a safe
condition and in good working order. All equipment or machinery required
by any applicable regulation or ordinance for a building or structure
or supporting structure or device shall be maintained in good working
order. The owner or operator of a tower shall be responsible for the
maintenance of the tower, supporting structures, buildings, fences,
and ground areas.
(b)
By
applying for a tower permit under this article, the applicant specifically
grants permission to the city and its duly authorized agents, officials,
and employees, to enter upon the property for which a permit or waiver
is sought, after first providing reasonable notice, for the purpose
of making all inspections required or authorized to be made under
this article or any other applicable regulation, rule, or ordinance.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
Any antenna or tower that is not operated for a continuous period
of six months shall be considered abandoned, and the owner of the
antenna or tower shall remove same within 90 days of receipt of notice
from the director notifying the owner of the abandonment. If the antenna
or tower is not removed within the 90 days, the city may remove the
antenna or tower at the owner's expense. If there are two or more
users of a single tower, then this provision shall not become effective
until all users cease using the antenna or tower. The city attorney
is hereby authorized to pursue all necessary legal remedies to implement
the provisions of this section.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
(a)
Every
applicant for a tower permit or a waiver shall furnish to the director
an affidavit setting forth that the applicant is familiar with the
title to the real property to which the requested permit appertains
and that the intended use will not violate any applicable deed restrictions.
The affidavit shall be accompanied with a certified copy of the instruments
containing the deed restrictions, the instrument of revocation or
termination, the declaratory judgment, or any other recorded document
containing restrictions that affect the use of the property.
(b)
A tower
permit shall not be issued until the requested affidavit and supporting
documentation has been produced. Any permit issued on the basis of
erroneous documentation known to the applicant or an affidavit which
contains false information known to the applicant is void with the
same force and effect as if it had never been issued and without the
necessity of any action by the city or any other person or agency.
A tower permit shall not be issued for the construction or alteration
of a tower if the use or the intended use will be in violation of
the recorded deed restrictions.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
Construction, placement, removal, maintenance, alterations,
or modifications to a tower or equipment storage facility for a tower
shall not be performed except between the hours of 7:00 a.m. and 9:00
p.m. of any day, except in a bona fide emergency; provided however,
that the owner or operator or its agents may perform regular maintenance
between the hours of 9:00 p.m. through 7:00 a.m. as long as it does
not create an unreasonable noise.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
(a)
The
council shall be the body to review and approve any application for
a permit under this article.
(b)
Nothing
in this article prevents the council from delegating its authority
under this article to another board or commission.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
Violation of this article is unlawful. Failure of any person
to comply with any provision of this article shall be punishable upon
conviction by a fine of not less than $100.00 or more than $500.00.
Each day the violation continues shall constitute a separate offense.
All authority granted to the city attorney and the director and their
designees under this article shall be exercised uniformly on behalf
of and against all citizens and property of the city. Prior to the
issuance of a citation under this article, the director shall furnish
notice to the last known address of the tower owner of the alleged
violation and shall afford the owner a reasonable opportunity to cure
the violation, consistent with the risks posed by the violation, and
the efforts that would be required to cure it.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
This article is cumulative of other requirements imposed by
ordinances and regulations of the city. To the extent of any inconsistency,
the more restrictive provision shall govern. Without limitation, the
issuance of a permit under this article shall not excuse compliance
with any other law, regulation, ordinance, or other requirement.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
The city attorney is hereby authorized to file suit on behalf
of the city in any court of competent jurisdiction to enjoin or abate
a violation of this article. All authority granted to the city attorney
under this article shall be exercised uniformly on behalf of and against
all citizens and property in the city. This authorization shall be
cumulative and in addition to any other civil or criminal penalty
provisions. The city, acting through the city attorney or any other
attorney representing the city, may file an action in a court of competent
jurisdiction to recover damages from the owner or the agent of the
owner of a tower or tower structure in an amount adequate for the
city to undertake any activity necessary to bring about compliance
with this article.
(Ordinance 19-663-14, § 1,
adopted 7/25/2019)
