The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section:

Antenna support structures:

(1)

Monopole-antenna structure. A self-supporting pole-type structure with no guy wire support, tapering from base to top and so designed to support fixtures which hold one or more antennas and related equipment for wireless telecommunication transmission.

(2)

Lattice antenna structure. A steel lattice, self-supporting structure with no guy wire support, so designed to support fixtures which hold one or more antennas and related equipment for wireless telecommunication transmission.

(3)

Guyed lattice antenna structure. A steel lattice, guy wire supported structure, so designed to support fixtures which hold one or more antennas and related equipment for wireless telecommunication transmission.

Building or other independent support structures. Buildings or other structures such as water towers, church steeples, utility poles and other creative structures.

Unmanned equipment building. An accessory building housing electronic and telecommunication equipment as an associated and permitted part of a wireless telecommunication system.

Wireless telecommunication system. Antenna support structures for mobile and land based telecommunication facilities, whip antennas, panel antennas, microwave dishes and receive-only satellite dishes, cell enhancers and related equipment for wireless transmission from a sender to one or more receivers, such as for mobile cellular telephones, mobile radio systems facilities, commercial mobile radio service and radio or television (commercial only) broadcasting towers and transmitting stations. This definition is inclusive of the placement of the above referenced equipment on a monopole tower, a steel lattice tower, guyed steel lattice tower and any telecommunication tower which does or does not utilize guy wire support in addition to existing buildings or other independent support structures. This system shall also allow as one of its components an unmanned equipment shelter.

(Ord. No. 1627, § 3(A), 10-25-1999)

(a)

[Guidelines.] Wireless telecommunication systems must meet the guidelines of the Federal Telecommunications Act of 1996 as amended.

(b)

[Allowed use in C industrial district.] Wireless telecommunication systems shall be an allowed use in the C industrial district. Prior to filing a request for a building permit the following requirements must be met:

(1)

An application shall be submitted to the planning department on a form prescribed by the City with the following information in duplicate:

a.

Complete set of construction documents showing the proposed method of installation;

b.

Copy of the manufacturer's recommended installation instructions, if any;

c.

Site map drawn to scale showing the location of the antenna, property and setback lines, easements, power lines, all structures and the distances from all residential zoning districts;

(2)

Antenna support structures shall be a minimum of 200 feet or 110 percent of the height of the antenna support structure whichever is greater, from all residential zoning districts or residences, measured from the base of the antenna support structure to the nearest residential zoning district boundary or residence.

(3)

The unmanned equipment buildings shall not exceed 750 square feet of gross floor area per building and shall not exceed 12 feet in overall height.

(4)

A building permit from the building official of the City of Alice shall be required for the installation of any antenna support structures, antenna attached to buildings or other independent support structures and unmanned equipment buildings developed for a wireless telecommunication system.

(5)

Certification by a structural or civil engineer registered by the State of Texas that the proposed installation complies with the requirements of the City of Alice Building Code.

(6)

Certification shall be submitted stating that all antennas and antenna support structures shall comply with the height and illumination restrictions established by the FAA (Federal Aviation Administration) or other applicable federal or state agencies.

(c)

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning department that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

(1)

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

(2)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment and cannot be reinforced to provide sufficient structural strength.

(4)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(5)

The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs below new tower development are presumed reasonable.

(6)

Property owners or owners of existing towers or structures are unwilling to accommodate the applicant's needs.

(7)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(d)

City of Alice owned land or structure. Wireless telecommunication systems shall be a use permitted by right in all zoning districts if the land is owned by the City of Alice:

(1)

All antenna support structures or buildings or other independent support structures where antenna are proposed to be attached shall require a building permit. Antenna support structures located in residential zoning districts shall be monopole design. The height of a monopole antenna support structure, including the antenna, shall not exceed 150 feet. Wireless telecommunication systems shall not be allowed in city parks, which contain five acres or less.

(2)

Antenna support structures shall be spaced from all residential zoning districts or residence at a minimum of 200 feet or 110 percent of the height of the antenna support structure, measured from the base of the antenna support structure to the nearest residential zoning districts whichever is greater. This spacing requirement does not apply to antennas attached to buildings or independent support structures.

(3)

Antenna array may be attached to buildings or independent support structures, if:

a.

The pole replaced or modified is a functioning utility pole or light standard within a utility easement or public right-of-way, recreation facility light pole, or antenna support structure; and

b.

The replaced or modified antenna support structure, including antenna array, does not exceed the height of the original utility, light standard, or recreation facility pole by more than 12 feet, or the height of the original telecommunication tower and antenna array; and

c.

The pole replaced with an antenna support structure does not obstruct a public sidewalk, public alley, or other right-of-way, and pole appearance and function, except for antenna, are not significantly altered; and

d.

The existing support structure is deemed safe as evidenced by structural or civil engineer registered by the State of Texas.

(e)

[Radio and television antenna requirements.] Radio and television antennas, limited to those used by the federal licensed amateur radio operators, unlicensed citizens band radio operators, and private citizens receiving television signals, including satellite dish antennas, shall be considered as permissible accessory uses in all zoning districts and shall be permitted in accordance with the regulations for detached accessory structures. Antenna support structures within nonresidential districts shall comply with the height and setback requirements for the particular district:

(1)

The height of an antenna support structure shall be the total maximum to which it is capable of being raised and shall be measured from the finished grade adjacent to the antenna or antenna support structure, if ground mounted or from the peak of the roof, if roof mounted.

(2)

A building permit from the building official of the City of Alice shall be required for the installation of any roof-mounted antenna or antenna support structure over 12 feet above the peak of the roof and any ground mounted antenna or antenna support structure over 25 feet in height. A permit shall be issued only when it is in full compliance with this section and the applicable provisions of the City of Alice Building Code. Application for a permit shall be accompanied by the following in duplicate:

a.

A complete set of construction documents showing the proposed method of installation.

b.

A copy of the manufacturer's recommended installation instructions, if any.

c.

A diagram to scale showing the location of the antenna, property and setback lines, easements, power lines and all structures.

d.

Certification by a structural or civil engineer registered by the State of Texas that the proposed installation complies with the structural requirements of the City of Alice Building Code.

e.

All antennas and antenna structures shall comply with the height and illumination restrictions established by the FAA (Federal Aviation Administration) or any other federal or state agencies.

(f)

Additional regulations in residential districts. In addition to the previously stated regulations, the following shall apply to radio and television antennas in residential districts:

(1)

Antenna may be roof or ground-mounted, freestanding or supported by guy wires, buildings or other structures in compliance with the manufacturer's structural specifications. A ground-mounted antenna shall be any antenna with its base mounted directly in the ground even if such an antenna is supported or attached to the wall of a building.

(2)

Roof-mounted antenna, including support structure, shall not extend higher than 15 feet above the peak of the roof, except a single vertical pole antenna may extend up to 20 feet above the peak of the roof.

(3)

Ground-mounted antenna, including support structure, shall not exceed 70 feet in height. The antenna or antenna support structure shall not be located in any required front yard setback or anywhere in the front yard between the principal building and the front setback.

(a)

Tower illumination. Towers shall not be illuminated except as required by the Federal Aviation Administration (FAA) or other applicable federal or state agencies.

(b)

Radiation standard. Wireless telecommunication systems shall comply with current Federal Communication Commission (FCC) standards for nonionizing electromagnetic radiation (NIER). The applicant shall submit verification that the proposed site plan ensures compliance with these standards.

(c)

Fencing for wireless telecommunication systems. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on a building or other independent support structure. The fence shall not be less than eight feet in height measured from finished grade. Access to the antenna support structure shall be through a locked gate.

(d)

Setbacks for wireless telecommunication systems. Antenna support structures and unmanned equipment buildings shall meet the minimum building setback requirements for the zoning district in which they are located. Setbacks shall be measured from the base of the antenna support structure or guy wires to all applicable property lines.

(e)

Abandonment. In the event the use of any wireless telecommunication system, which would include any antenna support structures have been discontinued for a period of 180 consecutive days, the antenna support structure shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the building official who shall have the right to request documentation and/or affidavits from the antenna support structure owner/operator regarding the issue of usage. Upon determination of abandonment, the owner/operator of the antenna support structure shall remove the antenna support structure within 90 days, of receipt of notice from the building official notifying the owner/operator of such abandonment. If such antenna support structure is not removed within said 90 days, the building official may cause such antenna support structure to be removed at the owner's expense. If there are two or more users of an antenna support structure, then this provision shall not become effective until all users cease using the antenna support structure.

(Ord. No. 1627, § 3(C), 10-25-1999)

This ordinance shall be considered and shall constitute an amendment to and a part of the said Zoning Ordinance of the City of Alice, Texas.

(Ord. No. 1627, § 4, 10-25-1999)

The repeal of any ordinance or parts of ordinances effectuated by the enactment of this ordinance shall not be considered as abating any actions now pending under or by virtue of such ordinance or as discontinuance, abating, modifying or altering any penalty accruing or to accrue or as affecting the liability of any person, firm or corporation as waiving any rights of the municipality under any section or provision of any ordinance existing at the time of the passage of this ordinance.

(Ord. No. 1627, § 5, 10-25-1999)

It is the intention of the city council that this ordinance and every sentence, paragraph, clause, and provision thereof, shall be considered separable; and the invalidity of any sentence, paragraph, section, clause, provision and part or portion of any sentence, paragraph, section, clause or provision of this ordinance shall not affect the validity of any other portion of this ordinance.

(Ord. No. 1627, § 6, 10-25-1999)

A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in chapter 13 of the Zoning Ordinance of the City of Alice.

(Ord. No. 1627, § 7, 10-25-1999)

This ordinance shall become effective ten days after passage by the city council for the City of Alice and publication.

(Ord. No. 1627, § 8, 10-25-1999)

The city clerk is hereby authorized and directed to publish the descriptive caption of this ordinance as required by the City Charter of the City of Alice.

(Ord. No. 1627, § 9, 10-25-1999)

APPLICATION FOR PERMIT WIRELESS TELECOMMUNICATIONS

Pursuant to the provisions of the Federal Telecommunications Acts of 1996, the following information is necessary to properly evaluate all applications to locate telecommunications antennas/towers in the City of Alice. This form must be returned with your application. If additional space is needed for any question, attach an additional sheet.

Name of Applicant _____ Telephone No. _____

Address of Applicant _____

1.

Describe the nature of the antenna site:

a.

What type of supporting structure is proposed?

1)

A monopole (height _____);

2)

A self-supported structure (height); or,

3)

A guyed tower (height _____).

b.

Attach photos or drawings of all equipment, structures and antennas.

c.

Will the structure meet all applicable FAA, FCC and other codes and standards? Be specific.

_____

_____

_____

d.

Given its position on the proposed location, if the structure should fall to the ground along its longest dimension, would it remain within the property boundaries? Would it avoid habitable structures? Would it avoid public streets, utilities lines, and other antennas/towers?

_____

_____

_____

2.

Is the antenna/tower necessary? If so, why?

_____

_____

_____

3.

State the name(s) of the telecommunications providers or other users of the antenna/tower and describe the use to be made by each user.

_____

_____

_____

4.

Will this antenna/tower site be connected to other sites? If so, describe how it will be connected and who will be the backhaul provider.

_____

_____

_____

5.

Have you made an effort to collocate the facilities proposed for this antenna/tower on existing towers or structures in the same general area? Please identify the location of these existing sites.

_____

_____

_____

6.

Regarding No. 5 above, if yes, please describe in detail these efforts and explain in detail why these existing sites were not feasible.

_____

_____

_____

7.

Attach all studies or tests performed which demonstrate why the existing sites in No. 5 above will not provide sufficient signal coverage.

8.

Attach written documentation from these existing sites' owners and/or operators which confirm the statements in No. 6 above.

_____

_____

_____

9.

Do these existing sites, in No. 5 above, allow/promote collocation and, if not, why not?

_____

_____

_____

10.

Will collocation be allowed to other telecommunications providers at requested site? If not, state every reason and the basis for each reason.

_____

_____

_____

11.

Will the applicant or the proposed provider reconfigure its antennas and other equipment to accommodate other telecommunications providers? If not, state every reason and the basis for each reason.

_____

_____

_____

12.

What is the proposed provider's current coverage area for the City of Alice.

_____

_____

_____

13.

In response to No. 12, attach separate maps showing:

a.

What areas the proposed provider's existing antennas currently cover;

b.

What areas the proposed provider's existing site and the sites described in No. 5 would cover; and

c.

What areas the proposed provider's existing sites and the requested site would cover.

14.

What is the proposed provider's master antenna/tower plan for the City of Alice. Attach maps and other related documentation. Provide information indicating each phase of the plan.

_____

_____

_____

15.

Describe the proposed provider's plan to minimize the number of telecommunications antennas/towers needed to cover the City of Alice.

_____

_____

_____