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

Antenna array means one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The term "antenna array" does not include the term "support structure" defined in this section.

Attached wireless communications facility (attached WCF) means an antenna array that is attached to an existing building or structure (attachment structure), which structures shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.

Collocation/site sharing means use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.

Development standards means those standards set forth in section 111-203.

Equipment facility means any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a buildout of an existing structure, pedestals, and other similar structures.

Height, when referring to a WCF, means the distance measured from ground level to the highest point on the WCF, including the antenna array.

Lattice tower means a guyed or self-supporting three- or four-sided, open steel frame structure used to support telecommunications equipment.

Monopole means a structure composed of a single spire used to support telecommunications equipment.

Residential district means any section of the city zoned for Single-family (R-1), Duplex (R-2), ¾-Plex (M-1), Multi-Family (M-2), Mobile Home (MH) or Planned Development (PD) designated on site plan as residential use.

Review process means those processes set forth in section 111-204.

Setback means the required distance from the property line of the parcel on which the WCF is located to the support structure.

Support structure means a structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guy-wire support tower and other similar structures. Any device (attachment device) of a maximum of 20 feet in height which is used to attach a WCF to an existing building or structure (attachment structure) shall be excluded from the definition of and regulations applicable to support structures.

Temporary wireless communications facility (temporary WCF) means a WCF to be placed in use for 120 or fewer days.

Tower means a stand-alone structure consisting of a support structure, antenna and associated equipment. The support structure may be a wooden pole, monopole, lattice tower, light standard, or other vertical support.

Wireless communications means any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.

Wireless communications facility (WCF) means any unstaffed facility for the transmission and/or reception of wireless telecommunications services usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation.

(Code 1997, § 159.076; Ord. No. 98-14, 4-15-1998)

The purpose of this article is to establish general guidelines for the siting of wireless communications facilities. The goals of this article are to:

(1)

Accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community;

(2)

Facilitate the provision of wireless telecommunication services to the residents and businesses of the city;

(3)

Minimize averse visual effects of WCFs through careful design and siting standards;

(4)

Avoid potential damage to adjacent properties from WCF failure through structural standards and setback requirements;

(5)

Maximize the use of existing and approved WCFs and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of WCFs needed to serve the community; and

(6)

Be in accordance with all aspects of the Federal Telecommunications Act of 1996.

(Code 1997, § 159.075; Ord. No. 98-14, 4-15-1998)

(a)

Pre-existing WCFs. WCFs for which a permit has been issued prior to the effective date of the ordinance from which this article is derived shall not be required to meet the requirements of this article as further specified in section 111-207.

(b)

Exclusion for amateur radio facilities. This article shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.

(c)

Relationship to other ordinances. This article shall supersede all conflicting requirements of other codes and ordinances regarding the locating and permitting of WCFs.

(d)

Map indicating WCFs. The department of planning and development shall create a map indicating pre-existing WCFs and shall maintain map of new structures as they enter the city.

(Code 1997, § 159.077; Ord. No. 98-14, 4-15-1998)

(a)

WCFs and antennas are a permitted use in any general retail, light industry or heavy industry zoned district if the following requirements are satisfied:

(1)

The WCF is a minimum of 200 feet from any residential zoning district. (See definition in section 111-200.)

(2)

WCF height, excluding antenna array, does not exceed:

a.

100 feet, if the WCF is at least 200 up to 250 feet from any residential district.

b.

125 feet, if the WCF is at least 250 up to 540 feet from any residential district.

c.

150 feet, if the WCF is 540 feet or more from any residential district.

(3)

The antenna array does not exceed WCF height by more than 20 feet.

(4)

All guys and guy anchors are set back a minimum of 20 feet from any property line.

(5)

The WCF is erected and operated in compliance with current Federal Communication Commission and other applicable federal, state and county standards.

(6)

The WCF is of monopole construction if located within 540 feet of any residential district.

(b)

The requirement of subsection (a)(1) of this section shall be waived:

(1)

If the proposed WCF is erected to replace existing poles and either:

a.

The pole replaced is a functioning utility pole or light standard within a utility easement or public right-of-way, recreation facility light pole or WCF; or

b.

Replacement WCF height, including antenna array, does not exceed;

1.

The height of the original utility, light standard, or recreation facility pole by more than ten feet; or

2.

The height of the original WCF and antenna array by more than ten feet; and

3.

The replacement WCF does not obstruct a public sidewalk, public alley, or other public right-of-way; and

4.

Pole function is not significantly altered.

(2)

If the WCF erected is to be used by a public agency for police, fire, EMS, 911, or other similar public emergency communications for the city.

(c)

Temporary WCF's, for emergency purposes, for a term not to exceed 120 days, with a possible 60 day extension with approval of the chief building official, are permitted outright.

(d)

Distances in this section shall be measured along a single straight line between the center of the tower base and the nearest point on any property line of a residential zoning district or use. For the purposes of applying the restrictions set forth in subsections (a)(1), (2) and (6) of this section, the term "residential district" excludes property that is:

(1)

Vacant, unplatted and unzoned;

(2)

Used as a public or private primary or secondary educational facility;

(3)

Used as a college or university education facility;

(4)

Owned by the United States, the State of Texas, Cameron County or the City of Harlingen, and not used for residential uses;

(5)

Used primarily for religious assembly; or

(6)

Occupied by nonresidential, nonconforming uses.

(e)

Setbacks.

(1)

WCFs shall be located so as to provide a minimum distance from the tower to all property lines equal to 20 percent of the height of the tower.

(2)

WCFs shall be set back a minimum of 50 feet from any existing or planned street right-of-way line.

(f)

Fencing and landscaping.

(1)

All WCFs and support facilities shall be surrounded by a chainlink fence with some privacy covering six feet in height from finished grade. Access to the WCF shall be through a locked gate. Barbed wire may be allowed along the top of the fence if it is necessary to preclude unauthorized access to the WCF.

(2)

The fence shall be landscaped along the perimeter by drought tolerant plants or shrubbery or plants native to the South Texas Region.

(g)

Additional uses permitted on lot. WCFs may be located on lots containing another principal use, and may occupy a leased parcel on a lot meeting the minimum lot size requirement of the district in which it is located. Towers and their associated equipment shall be separated from other structures on the lot by a minimum distance of six feet.

(h)

Required off-street parking. One parking space is required.

(i)

Radio frequency emissions. The Federal Telecommunications Act of 1996 (FTA) gives the Federal Communication Commission (FCC) sole jurisdiction of the field of regulation of radio frequency (RF) emissions and WCFs which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts.

(j)

Height exceptions for airport overlay zones. No variance requests will be accepted or approved for height exceptions within the airport overlay zones as established in section 111-532(b)(2) and (b)(3). These zones are based on the elevation contour map in the vicinity of the Valley International Airport as established in section 111-532(c).

(Code 1997, § 159.078; Ord. No. 98-14, 4-15-1998; Ord. No. 01-16, 2-21-2001; Ord. No. 01-35, 4-18-2001)

(a)

Permitted outright.

(1)

Where a facility is permitted outright as described in section 111-203, only a building permit is required which shall be passed through the department of planning and development to be checked for compliance.

(2)

Application requirements. Any person, firm, corporation, or other entity desiring to build a telecommunication facility within the corporate city limits must obtain a building permit, pay appropriate fees and submit a signed application that includes all materials and information detailed herein.

a.

Name of applicant.

b.

Address of applicant.

c.

Vicinity map to illustrate location of proposed site.

d.

Description of support structure and antenna height.

e.

Photos and/or drawings of all equipment, structures and antennas.

f.

Names and addresses of telecommunication providers or users of the proposed WCF or antenna.

g.

Applicant's master WCF plan for the city and surrounding area, if necessary.

h.

Detailed account of collocation efforts.

i.

If a new WCF is allowed, the owner must certify in writing a willingness to allow collocation at the new site.

j.

Any other information as necessary for the chief building official to make a determination for permit issuance.

(b)

Administrative review.

(1)

Review of WCFs under this section will be conducted by the planning and development department upon application to the chief building official for a building permit for the WCF.

(2)

Review criteria. The planning and development department shall apply the development standards, provided that the applicable development standards requirements may be reduced or waived by the administrator so long as the approval of the WCF meets the purpose and goals of this article as set out in section 111-201.

(3)

Timing of decision. The planning and development department shall render a decision on a complete building permit application within 30 days after receipt, except that an extension may be agreed to by the applicant.

(c)

Appeals. If a tower is not allowed outright and/or administrative approval is not allowable, or is denied, the applicant may appeal said denial in accordance with the provisions of article XVI of this chapter.

(Code 1997, § 159.079; Ord. No. 98-14, 4-15-1998; Ord. No. 03-31, 5-21-2003)

FCC licensed wireless communication providers are encouraged to construct and site their WCFs with a view towards sharing facilities with other utilities, to collocation with other existing WCFs and to accommodating the future collocation of other future WCFs, where technically, practically, and economically feasible. The city reserves the right to notify other registered wireless communication providers of new WCF applications to promote collocation.

(Code 1997, § 159.080; Ord. No. 98-14, 4-15-1998)

Any WCF that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such WCF shall remove same within 90 days of notice to the chief building official that the WCF is abandoned. If such WCF is not removed within said 90 days, the chief building official may remove or cause to be removed such WCF at the owner's expense. If there are two or more users of a single WCF, then this provision shall not become effective unless all users cease using the WCF.

(Code 1997, § 159.081; Ord. No. 98-14, 4-15-1998)

WCFs in existence on the date of the adoption of the ordinance from which this article is derived, which do not comply with the requirements of this article (nonconforming WCFs) are subject to the following provisions:

(1)

Nonconforming WCFs may continue in use for the purpose now used, but may not be expanded without complying with this article, except as further provided in this section.

(2)

Nonconforming WCFs which are hereafter damaged or destroyed no more than 50 percent or greater, due to any reason or cause, may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this article.

(3)

The owner of any nonconforming WCF may replace, repair, rebuild and/or expand such WCF in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this article, so long as such facilities are not increased in height by more than 20 feet and/or setbacks are not decreased by more than ten percent.

(Code 1997, § 159.082; Ord. No. 98-14, 4-15-1998)

Minor modifications to WCFs permitted under this article shall be approved under an administrative review.

(Code 1997, § 159.083; Ord. No. 98-14, 4-15-1998)