Blooming Grove, TX Zoning Ordinance

Blooming Grove City Zoning Code

ARTICLE 5

SUPPLEMENTAL REGULATIONS

Nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2.5) and ten (10) feet (above the centerline grades of the intersecting streets) in the triangular area bounded by the street right-of-way lines and the diagonal line joining points twenty-five (25) feet from the point of intersection. Visibility triangle areas measuring seven (7) feet by sixty (60) feet on both sides of all non-single-family driveways shall also be maintained. It shall be unlawful for any person to erect or place or cause to be erected or replaced on any property under his control any hedge, tree, shrub, or other growth or any fence or other structure in such manner or at such location as to constitute an obstruction to view creating a traffic hazard. On corners or on street curves of more than sixty (60) degrees, when doubt may exist regarding sight obstructions, the approval of the Mayor or his authorized representative shall be required. See image below for example.

§ 1 General.

Site plans are required for all new structures to be constructed or installed on any property, must conform to the requirements of this section, and must be approved by action of the City Council before construction or installation with the exception of Accessory Buildings that do not require a Special Use Permit.

Site plans for Accessory Buildings not requiring a Special Use Permit must conform to the requirements of this section, and must be approved by both the Mayor and Building Official before construction or installation.

Changes in any site plan after approval of the original plan by the City Council shall be processed the same as the original approval of the site plan. An aggrieved party may appeal the decision of the City Council to the Board of Adjustment and Appeals in accordance with the provisions of this Ordinance.

Changes in any site plan for Accessory Buildings not requiring a Special Use Permit after approval of the original plan by both the Mayor and Building Official shall be processed the same as the original approval of the site plan. An aggrieved party may appeal the decision of the Mayor and Building Official to the City Council and subsequently to the Board of Adjustment and Appeals in accordance with the provisions of this Ordinance.

If construction or installation of a structure on a lot with an approved site plan has not commenced within one (1) year of the date of final approval of the site plan, the site plan shall be deemed to have expired. Said review and approval shall be evaluated according to the standards set forth above, taking into account all changes to applicable ordinances which have occurred subsequent to the prior approval of the site plan.

It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the Mayor and Building Official shall have the authority to approve minor modifications of an approved site plan, provided that such modifications do not materially change the building location on the site, or any conditions specifically attached as part of a City Council approval.

(Ordinance 348 adopted 6/19/18; Ordinance 372 adopted 12/5/2022)

§ 2 Site Plan Required.

Any applicant for a zoning change shall submit a proposed site plan for approval for any zoning change to "C" Commercial, to "I" Industrial, or on any tract of land which meets one or more of the following conditions:

Adjacent to any residential district.

Greater than three (3) acres in area.

(Ordinance 348 adopted 6/19/18; Ordinance 372 adopted 12/5/2022)

§ 3 Notice and Hearing.

Notice and hearing requests for site plan approval shall be conducted as follows:

Owners of record of property within two hundred (200) feet of the property under consideration will be notified of site plan consideration by the City Council.

The applicant shall have at least one (1) sign erected on the property for which site plan consideration has been requested. The sign shall have a total area of at least four (4) square feet and shall be located adjacent to streets, if possible. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the City Council, or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of hearing on a site plan and a telephone number for the City of Blooming Grove where dates of the public hearing may be obtained.

Council approval of a site plan that accompanies a zoning change request shall become part of the amending ordinance and shall be referenced on the Zoning District Map. Hearings held by the Council for consideration of approval of such zoning changes and accompanying site plans shall be conducted in accordance with the provisions of Article 10 Division 190 [Article 9, Division 120], Procedure for Changes and Amendments of this Ordinance and state law.

Council approval of a site plan required for the issuance of a building permit, in which no zoning change has been requested, shall not constitute an Official Public Hearing as required by Article 9 Division 120 Procedure for Changes and Amendments. Notice of the consideration of the site plan by the City Council in the posted agenda of the Council shall be sufficient notice for the purposes of approving a site plan by City Council action for the issuance of a building permit.

(Ordinance 348 adopted 6/19/18; Ordinance 372 adopted 12/5/2022)

§ 4 Form and Content.

The Site Plan shall contain the information listed below. Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the City Council, and the officers required to enforce and interpret this Ordinance.

The boundary lines and dimensions of the property, existing subdivision lots, available utilities, easements, roadways, sidewalks, fire lanes, and public rights-of-way.

Topography of the property proposed for development in contours of not less than two feet, together with any proposed grade elevations, if different from existing elevations. (Note: If the natural contour of the land is to be altered or changed in any location on the property more than four (4) feet, the site plan must provide detailed information on the proposed grading plan. This information shall include the correlation of the proposed grading plan to the surrounding properties and the use of those surrounding properties and shall include information indicating the drainage and line-of-sight effect the proposed grading plan will have on the surrounding properties.)

Floodplains, watercourses, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings.

The location and use of all existing and proposed buildings or structures, including all refuse storage areas, and the minimum distance between buildings. Where building complexes are proposed, a site plan showing the location of each building and the minimum distance between buildings, and between buildings and the property line, street line, and/or alley shall be submitted. For buildings more than one (1) story in height, elevations and/or perspective drawings shall be required in order that the relationship of the buildings to adjacent property, open spaces, and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors and exposures for access, light, and air. A designation of the maximum building coverage of the site shall be indicated upon the site plan.

Total number and location of off-street parking and loading spaces. A plan indicating the arrangement and provision of off-street parking and off-street loading where required. Such a plan may be presented as a ratio of off-street parking and off-street loading area to the building area when accompanied by a typical example indicating the feasibility of the arrangement proposed and when the areas where the example would be applied are dimensioned on the drawing of the entire site.

All points of vehicular ingress and egress and circulation within the property.

Setbacks, lot coverage, and when relevant, the relationships of the setbacks provided and the height of any existing or proposed building or structure.

The location, size, and arrangement of all outdoor signs, exterior auditory speakers, and lighting.

The type, location, and quantity of all plant material used for landscaping, and the type, location, and height of fences or screening and the plantings around them. When necessary to protect the public health, safety, or welfare, the City Council may require landscaping and screening requirements to be in place prior to the start of construction pursuant to an approved site plan.

A land use plan that delineates where multiple types of land use are proposed, the specific areas to be devoted to various uses.

Vicinity map, north point, scale, name of development, name of owner, name of planner, total acreage of project, street address, or common description of the property.

Current land uses and zoning district of the property and current land uses and zoning districts of contiguous properties and buildings on the exterior of the site and within twenty-five (25) feet of all property lines.

The location and size of existing and proposed surface and subsurface drainage facilities, including culverts, drains, and detention ponds.

Existing buildings on the exterior of the site and within twenty-five (25) feet of all property lines.

The number of square feet of the property after construction which will constitute impervious area and vegetated areas.

Roadway speeds and distances of adjacent driveways from all proposed driveways.

(Ordinance 348 adopted 6/19/18; Ordinance 372 adopted 12/5/2022)

§ 5 Consideration.

In considering, granting, or denying an application for a site plan as provided for in this Ordinance, the Planning and Zoning Commission and the City Council shall take into consideration the following factors:

Compliance with the Zoning Ordinance, the Subdivision Ordinance, and all other ordinances of the City.

Such other measures as will secure and protect public health, safety, morals, and general welfare.

(Ordinance 348 adopted 6/19/18; Ordinance 372 adopted 12/5/2022)

§ 6 Site Plan Review Process.

This section establishes a site plan review process for all new structures to be constructed or installed on any property. No building permit shall be issued for any structure unless a site plan is first approved by the City. No certificate of occupancy shall be issued unless all construction and development conform to the site plan as approved by the City. A public hearing on a site plan is not required unless a site plan is prepared in conjunction with the specific items contained in Section 2 above.

Site plan review shall be conducted by the following officials prior to submittal to the City Council for its final review and approval: Mayor, City Secretary, Public Works, Water Department, Building Official and Fire Department. Site plan review for Accessory Buildings not requiring a Special Use Permit shall be similar prior to approval by both the Mayor and Building Official.

Based upon its review, the officials may recommend approval, conditional approval, request modifications, or recommend denial of the site plan based on evaluation of the site plan details with respect to the site plan's compliance with all provisions of the Zoning Ordinance and other ordinances of the City.

[Ordinance 372 adopted 12/5/2022]

§ 1 Abutting Residential Property.

On any nonresidentially zoned property (“C” & “I”), adjacent to a residentially zoned property, before any use (other than a use permitted in the Residential Districts) is made of the nonresidential property, an eight foot (8') tall opaque screening device constructed of wood or masonry, shall be erected along the common property line between the nonresidential use and the adjoining residentially zoned property. Insofar as it is practical, the screening device shall be erected along the entire length of the common line between the nonresidential property and the abutting residentially zoned property.

(Ordinance 348 adopted 6/19/18)

§ 2 Multifamily.

A screening device, as defined within this Ordinance, shall be erected and thereafter maintained in good appearance, quality, and standing between multifamily uses and single-family uses before and during the continuation of any multifamily use permitted to initiate and thereafter continue adjacent to any property that is zoned for single-family use. Insofar as it is practicable, such screening device shall be erected the entire length of the common line between the property to be used for multifamily and the property zoned for single-family use.

(Ordinance 348 adopted 6/19/18)

§ 1 Responsibility.

When a screening device is required, it shall be the responsibility of the user of the property to erect and maintain the screen.

(Ordinance 348 adopted 6/19/18)

§ 2 Height.

No fence or other screening device, whether required or not, shall exceed eight (8) feet in height, without City Council approval.

(Ordinance 348 adopted 6/19/18)

§ 1 On Public Property.

No fence, guy wires, braces or any part of such fence shall be constructed upon or cause to protrude over property owned by the city.

(Ordinance 348 adopted 6/19/18)

§ 2 In Rear Yard.

No fence shall be constructed at a height exceeding eight (8) feet along the rear yard or alley line.

(Ordinance 348 adopted 6/19/18)

§ 3 In Side Yard.

No fence shall be constructed at a height exceeding eight (8) feet shall be permitted between the front building line and the side property line. All such fences constructed on side yard lines must be vertical.

(Ordinance 348 adopted 6/19/18)

§ 4 In Front Yard.

No fence over four (4) feet in height shall be permitted between the front building line and the front property line. All fences must be constructed parallel with lot or property lines as hereinafter specifically referred to. All fences adjacent to public street right-of-ways must be maintained in good repair.

(Ordinance 348 adopted 6/19/18)

§ 5 On Corner Lots.

No fence over four (4) feet in height shall be permitted between the front building line and the front property lines adjacent to streets. No fence shall be constructed at a height exceeding eight (8) feet along side and rear non-street property lines. All fences must be constructed parallel with lot or property lines as hereinafter specifically referred to. All fences adjacent to public street right-of-ways must be maintained in good repair.

(Ordinance 348 adopted 6/19/18)

§ 6 Enclosure of Swimming Areas.

Every outdoor swimming pool shall be completely surrounded by a fence or wall not less than four (4) feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four (4) inches in any dimension except for doors and gates. A dwelling house, or accessory building may be used as part of such enclosure.

All personnel gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

This requirement shall be applicable to all new swimming pools hereafter constructed and shall apply to all existing pools which have a depth of twenty-four (24) inches or more of water at any point. No person in possession of land within the city, either as owner, purchaser, lessee, tenant, or a licensee, upon which is situated a swimming pool having a depth of twenty-four (24) inches or more of water at any point shall fail to provide and maintain such fence or wall as herein provided.

The Board of Adjustments of the City may make modifications in individual cases, upon a showing of good cause with respect to the height, nature of [or] location of the fence, wall gates or latches, or the necessity therefore provided the protection as sought hereunder is not reduced thereby. The Board of Adjustments may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the substitute fence, gates and latch described herein. The building official shall allow a reasonable period within which to comply with the requirements of this subsection.

The term “swimming area” as used herein shall mean a body of water in an artificial or semi-artificial receptacle or other container located outdoors, used or intended to be used for public, semi-public, or private swimming by adults or children, or both adults and children, operated and maintained by any person, whether he be an owner, lessee, operator, licensee, or concessionaire, and shall include swimming pools used or intended to be used solely by the owner or friends invited to use it without payment of any fee.

(Ordinance 348 adopted 6/19/18; Ordinance 385 adopted 5/6/2024)

§ 1 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 such that the health, safety, welfare, and aesthetic quality of the community shall not be compromised. Therefore 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 hereinafter enumerated shall not be deemed violations of this ordinance when made under the conditions herein provided.

(Ordinance 348 adopted 6/19/18)

§ 2 Definitions.

The following definitions shall apply.

Antenna:

A device used in communications that transmits or receives radio signals.

Antenna, Building Attached:

Antenna attached to existing structures in two general 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. These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, etc.

Antenna Facility:

Any structure, monopole, tower, or lattice tower used to support antennas that are more than 35 feet tall.

Antenna, Microwave:

Also known as “dish” antenna. A dish-shaped antenna used to link communication sites together by wireless transmission of voice or data, utilizing electromagnetic radiation frequencies from 3 GHZ to 300 Hz; and using relatively low transmitter power levels when compared to other forms of transmission.

Antenna, Panel:

Also known as “directional” antenna. An antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennas are typically flat, rectangular devices approximately six square feet in size.

Antenna, Whip:

(Also known as omni-directional antenna.) Shaped cylindrically, whip antennas have diameters between two and six inches, and measure between one and eighteen feet in height. They are used to emit signals in a 360-degree horizontal plane and a compressed vertical plane.

Co-Location:

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

Equipment Storage:

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

Lattice Towers:

A tower having three or four support legs and holding a variety of antennas. These towers range from 60 to 200 feet in height and can accommodate a variety of users.

Monopole:

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.

Satellite Receive-Only Antenna:

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:

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

(Ordinance 348 adopted 6/19/18)

§ 3 Amateur Radio Equipment and TV Antennas in Residential District.

Amateur radio equipment, (including ham radio and CB equipment) and personal use TV antennas shall be allowed in the “R” zoning district if it complies with the following regulations:

Antenna facility may be building attached, monopoles, towers, or lattice towers.

Only one antenna facility, exceeding 35 feet, per premises.

An antenna facility, exclusive of the height of any antenna or mast, shall not exceed sixty-five (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 the Zoning District Regulations. Regardless of the above, the maximum height for a tower permitted without a Special Exception in any residential district shall be eighty (80) feet.

The height of an antenna, including the height of any antenna facility to which they may be fastened or attached shall not exceed eighty (80) feet in height without a Special Exception.

An antenna not fastened to an antenna facility shall not exceed fifty (50) feet in overall height without a special exception, except for an antenna, which does not extend more than eight (8) feet above a building on which it is mounted.

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.

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.

Separation:

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

Antenna facilities shall not be permitted in any easement.

Lights:

No auxiliary or outdoor lighting above twenty (20) feet shall be allowed on antenna facilities located on residentially zoned property, 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.

Construction Standards:

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

Maintenance:

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

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

A Special Exception must be obtained from the Board of Adjustments for any antenna facility which does not comply with the regulations.

The Board of Adjustments may approve a requested application for a special exception upon documentation that such exception is necessary and critical to the communications operation of the facility.

(Ordinance 348 adopted 6/19/18)

§ 4 Residentially Zoned Districts Commercial Antennas.

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

A Special Exception must be obtained from the Board of Adjustments.

The proposed antenna must be attached to or enclosed by an existing structure currently or last occupied by a nonresidential use as listed in the Zoning Ordinance, or attached to a power or telephone pole, water storage tower, or other utility structure.

The antenna must not exceed eight (8) feet above the structure to which it is attached.

A maximum of three (3) antennas shall be allowed to be attached to a single antenna facility.

A minimum of one thousand, five hundred (1,500) feet of separation shall be required between antenna facilities.

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 seventy-five feet (75') above grade and painted to match the structure to which it is attached.

The antenna may be placed lower than seventy-five feet (75') above grade if completely enclosed within existing architectural elements of a building so as not to be visible.

Any associated equipment storage building shall be screened from public view by a decorative masonry wall, with landscaping for aesthetic purposes.

All driveways accessing any antenna facility site or equipment storage site shall be constructed of an all-weather hard surface as approved by the Building Official.

Lights:

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.

Construction Standards:

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 recommendations or under the seal of a registered professional engineer of the State of Texas.

Maintenance:

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

No part of an antenna, antenna facility, 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 an antenna facility, on a structure or property, unless a notarized statement of permission from the owner is presented to the City.

All antennas and antenna facilities shall be subject to an inspection every five (5) years by a qualified expert. Such inspection to be arranged and paid for by the antenna owner and proof of inspection submitted to the City.

(Ordinance 348 adopted 6/19/18)

§ 5 Commercial or Industrial Zoned 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 “C” and “I” zoning districts if it complies with the following regulations:

Only one antenna facility per premises.

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

An antenna facility, exclusive of the height of any attached antenna, shall not exceed thirty-five (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 in the Zoning Ordinance. Regardless of the above, the maximum height for an antenna facility permitted without a Special Exception in any “C” or “I” district shall be sixty-five (65) feet.

The height of an antenna, including the height of any antenna facility to which they may be fastened or attached shall not exceed sixty-five (65) feet in height without a Special Exception.

An antenna not fastened to an antenna facility shall not exceed fifty (50) feet, except for an antenna, which does not extend more than eight (8) feet above a building on which it is attached.

Setbacks:

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

Antennas and antenna facilities shall be set back from residential districts a minimum distance equal to two (2) times the height of the tower, but in no instance shall the setback be less than 200 feet from any residentially zoned district.

Separation:

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 antenna, there shall be a separation of one thousand five hundred (1,500) feet from antenna facilities.

Antenna facilities shall not be permitted in any easement.

Lights:

Construction Standards:

A building permit must be obtained prior to the construction and/or installation of a tower, antenna or mast. Antenna facility must be installed as per the manufacturer recommendations or under the seal of a registered professional engineer of the State of Texas.

Maintenance:

Antenna facility and antennas obviously not in use or obviously in need of maintenance as determined by the Utility Manager, shall be removed or brought into compliance within thirty (30) days following notice given by the City. This shall not preclude immediate action by the Utility Manager to safeguard life, limb, health, property, and public welfare.

No part of an antenna facility and antennas or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility.

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.

A Special Exception must be obtained from the Board of Adjustments for any antenna or tower, which does not comply with the regulations, specified herein.

(Ordinance 348 adopted 6/19/18)

§ 6 Written Report Upon Denial Of Request.

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

(Ordinance 348 adopted 6/19/18)

§ 7 Satellite Receive-Only Antennas Generally.

Satellite receive-only antennas assist individuals in the reception of satellite transmitted television signals. Satellite receive-only antennas shall not be deemed violations of this ordinance when made under the conditions herein provided. Such conditions are hereby found to be reasonable and clearly defined health, safety and aesthetic objectives. A satellite-receive only antenna shall be allowed if it complies with the following:

The satellite receive-only antenna is two (2) meters (6.56 feet) or less in diameter and is located or proposed to be located in any area where commercial or industrial uses are generally permitted by non-federal land use regulations; or

The satellite receive-only antenna is less than one (1) meter (3.28 feet) in diameter in any zoning district.

(Ordinance 348 adopted 6/19/18)

§ 8 Satellite Receive-Only Antennas.

(Greater than one (1) meter (3.28 feet) in diameter in residential districts and two (2) meters (6.56 feet) in diameter in commercial or industrial districts.) A satellite receive-only antenna shall be allowed in any zoning district if it complies with the following regulations:

Only one satellite receive-only antenna per lot of record.

A satellite receive-only antenna shall not exceed ten feet in height.

Setbacks:

Front and Side:

Satellite receive-only antennas shall not be permitted in front or side yards.

Rear:

Satellite receive-only antennas shall be permitted in rear yards provided they meet the minimum setback as is required for accessory buildings in residential districts and as for all buildings in nonresidential districts.

Separation:

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.

Lights:

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.

Construction Standards:

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

Maintenance:

Satellite receive-only antennas obviously not in use or obviously in need of maintenance as determined by the Utility Manager, shall be removed or brought into compliance within thirty (30) days following notice given by the City. This shall not preclude immediate action by the Utility Manager 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 satellite receive-only antenna.

All ground-mounted 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 satellite receive-only antenna is located shall be considered to be screened.

(Ordinance 348 adopted 6/19/18)

§ 9 Special Exception.

A Special Exception must be obtained from the Board of Adjustments for any satellite receive-only antenna or antenna facility which does not comply with the regulations specified hereinabove.

The Board of Adjustments will approve a requested application subject to the finding that co-location of this facility with a nearby existing tower facility is technically not feasible and subject to the following conditions:

Applicant will permit co-location of others at the site;

Applicant will configure its antenna and other equipment to accommodate other providers;

Applicant will identify its backhaul provider connecting antenna sites; and

Applicant will give notice to the City identifying any providers who co-locates to the site and identify their backhaul provider.

Applicant shall satisfactorily complete and provide all descriptive material required in this section.

Applicant shall demonstrate that the project does not adversely impact the public health, safety, and general welfare, as provided for in these ordinances.