Joshua City Zoning Code
ARTICLE 12
Appendices
§ 12.1 Wireless Communication Facilities.
12.1.1
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. Such equipment shall be located so that the health, safety, welfare, and aesthetic quality of the community shall not be compromised. The regulations governing the location of such equipment shall also consider the aesthetic quality of the City as a significant aspect of the health, safety, and general welfare of the community. The antennas, masts, and towers hereinafter enumerated shall be installed, constructed and maintained in accordance with the provisions of this Section.
12.1.2 Antenna. Antenna, building attached. Antenna facility. Antenna, microwave. Antenna, panel. Antenna, whip. Co-location. Equipment storage. Monopole. Lattice tower. Satellite receive-only antenna. Stealth facility.
WIRELESS COMMUNICATIONS FACILITIES DEFINITIONS.
The following definitions shall apply:
A device used in communications which transmits or receives electromagnetic waves.
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.
A building or independent support structure and the antennas mounted thereon, including any associated and necessary equipment building.
Also known as “dish” antenna. A dish-shaped antenna used to link communications sites together by wireless transmission of voice or data, utilizing electromagnetic radiation frequencies from 3 GHz to 300 GHz; and using relatively low transmitter power levels when compared to other forms of transmission.
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.
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.
The act of locating wireless communications equipment from more than one provider on a single antenna facility.
A small unmanned, single story equipment building less than 500 square feet in size used to house radio transmitters and related equipment.
An antenna facility composed of a single spire used to support communications equipment. No guy wires are used or permitted.
A tower having three or four support steel legs and holding a variety of antennas. These towers range from 60 to 200 feet in height and can accommodate a variety of users.
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.
An antenna facility that is virtually transparent or invisible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, and camouflaged wireless facilities that are constructed to blend into the surrounding environment
12.1.3
RESIDENTIALLY ZONED DISTRICTS - AMATEUR RADIO EQUIPMENT AND TV ANTENNAS.
Amateur radio equipment, including ham radio and CB equipment and personal use TV antennas, shall be allowed in the residential zoning districts if they comply with the following regulations:
A.
In the residential districts, a Special Exception must be obtained from the Board of Adjustment for any antenna facility which does not comply with the regulations in this Section;
B.
Antenna facilities may be building attached, monopoles, or lattice towers;
C.
Up to three (3) antenna facilities may be located on a lot of record, co-location is encouraged;
D.
An antenna facility, exclusive of the height of any antenna or mast, 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 district regulations contained in Section 5.5, Accessory Building Regulations. Regardless of the above, the maximum height for a tower permitted in any residential district shall be sixty-five (65) feet unless a Special Exception is approved by the Board of Adjustment;
E.
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 unless a Special Exception is approved by the Zoning Board of Adjustment;
F.
An antenna not fastened to an antenna facility shall not exceed fifty (50) feet without a Special Exception approved by the Zoning Board of Adjustment, except for an antenna which does not extend more than eight feet above a building on which it is mounted;
G.
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;
H.
Setbacks.
1.
Antennas and antenna facilities shall not be permitted in front or side yards. Guy wires are not permitted in front yards;
2.
Guy wires are permitted in required side and rear yards;
3.
Setback for antenna facilities shall be the same as those required for accessory buildings in residential districts;
I.
Separation.
There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record;
J.
Prohibited in Easements.
Antenna facilities shall not be permitted in any easement;
K.
Lights.
No auxiliary or outdoor lighting shall be allowed on antenna facilities located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission;
L.
Construction Standards.
A building permit must be obtained prior to the construction and/or installation of an antenna facility. Antenna facilities must be installed in accordance with the manufacturer’s recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such antenna facilities must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the Building Code;
M.
Maintenance.
Antennas and/or antenna facilities obviously not in use or obviously in need of maintenance as determined by the Building Official, shall be removed or brought into compliance within thirty (30) days following notice given by the Building Official. This shall not preclude immediate action by the City Manager to safeguard life, limb, health, property, and public welfare;
N.
No Extension Beyond Property Lines.
No part of an antenna facility or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility;
O.
Antennas on Multifamily Property.
No permit shall be issued for the installation of an antenna facility on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the building department;
12.1.4
RESIDENTIALLY ZONED DISTRICTS - COMMERCIAL RADIO EQUIPMENT AND TV ANTENNAS.
Only building attached antennas shall be allowed in residentially zoned districts under the following conditions:
A.
Special Exception.
A Special Exception must be obtained from the Zoning Board of Adjustment;
B.
Attachment or Enclosure.
The proposed antenna must be attached to or enclosed in an existing structure currently or last occupied by a nonresidential use as listed in Article 5 Permitted Uses, or attached to a power or telephone pole, water storage tower, or other utility structure;
C.
Height.
The antenna must not exceed eight (8) feet above the structure to which it is attached;
D.
Separation.
A minimum of one thousand five hundred (1,500) feet of separation shall be required between antenna facilities;
E.
Attachment to Exterior Structure.
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 (75) feet above grade and painted to match the structure to which it is attached;
F.
Enclosed Antennas.
The antenna may be placed lower than seventy-five (75) feet above grade if completely enclosed within existing architectural elements of a building so as not to be visible;
G.
Equipment Storage Buildings.
Any associated equipment storage building shall be screened from public view by a decorative masonry wall, with landscaping for aesthetic purposes;
H.
Driveways.
All driveways accessing any antenna facility site or equipment storage site shall be constructed of an all-weather hard surface as approved by the City Engineer;
I.
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;
J.
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 according to the manufacturer’s recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such towers, antennas or masts must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the Building Code;
K.
Maintenance:
Antennas not in use or in need of maintenance as determined by the Administrative Official, shall be removed or brought into compliance within thirty (30) days following notice given by the Administrative Official. This shall not preclude immediate action by the Administrative Official to safeguard life, limb, health, property, and public welfare;
L.
No Extension Beyond Property Lines.
No part of an antenna, or any attachment thereto may extend beyond the property lines of the owner of such antenna;
M.
Property Owner’s Permission Required.
No permit shall be issued for the installation of an antenna, on a structure or property unless a notarized statement of permission from the owner is presented to the Administrative Official.
12.1.5
NONRESIDENTIAL DISTRICTS.
Radio, television, microwave broadcast relay, receiving towers, transmission and re-transmission facilities, satellite receiving only earth stations (home dish antenna), and any electronic emission equipment of a commercial nature shall be allowed in the nonresidential zoning districts if it complies with the following regulations:
A.
Number of Antennas Per Lot.
Up to three (3) antenna facilities may be located on a lot of record, co-location is encouraged;
B.
Antenna Facilities Limited.
Antenna facilities shall be limited to building attached, stealth, and monopoles only;
C.
Height.
1.
With the exception of stealth facilities, 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 district where the antenna facility is located. Regardless of the above, with the exception of stealth facilities, the maximum height for an antenna facility permitted without a Special Exception in any nonresidential district shall be sixty-five (65) feet;
2.
With the exception of stealth facilities, 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;
3.
With the exception of stealth facilities, an antenna shall not extend more than eight (8) feet above a building on which it is attached;
D.
Manufacture’s Design and Specifications.
An antenna facility shall be limited to 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;
E.
Setbacks:
With the exception of stealth facilities, antennas and antenna facilities shall not be permitted in front or side yards;
F.
Prohibited in Easements:
Antenna facilities shall not be permitted in any easement;
G.
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;
H.
Construction Standards:
A building permit must be obtained prior to the construction and/or installation of a tower, antenna, or mast. Antenna facilities must be installed according to the manufacturer’s recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such antenna facility and antennas must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the Building Code;
I.
Maintenance:
Antenna facilities and antennas obviously not in use or obviously in need of maintenance as determined by the Administrative Official, shall be removed or brought into compliance within thirty (30) days following notice given by the Administrative Official. This shall not preclude immediate action by the Administrative Official to safeguard life, limb, health, property, and public welfare;
J.
No Extension Beyond Property Lines:
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;
K.
Antennas on Multifamily Property:
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;
L.
Special Exceptions for Noncomplying Facilities:
A Special Exception must be obtained from the Board of Adjustment for any antenna or tower, which is in a nonresidential zoning district and does not comply with the regulations in this Section.
M.
Stealth Facilities:
Stealth facilities, shall be exempt from the height and location requirements of this Section. In addition, the City Council shall be the final authority as to whether or not any facility meets the definition of a “stealth facility”.
12.1.6
SATELLITE REVEIVE ONLY ANTENNAS.
A.
Generally.
Satellite receive-only antennas assist individuals in the receipt of satellite transmitted television signals. Satellite receive-only antennas which comply with the regulations in this Section shall be permitted. Such regulations are hereby found to be reasonable and clearly defined
B.
Small Satellite Receive-Only Antenna.
A satellite receive only antenna shall be allowed if it complies with the following regulations:
1.
The satellite receive-only antenna is two meters or less in diameter and is located or proposed to be located in any area where commercial or industrial uses are generally permitted by this ordinance or;
2.
The satellite receive-only antenna is less than one meter in diameter and is located or proposed to be located in any residential zoning district.
C.
Large Satellite Receive-Only Antennas.
Satellite receive-only antennas that are greater than one meter in diameter in residential districts or greater than two meters in diameter in nonresidential districts shall be allowed in any zoning district if they comply with the following regulations:
1.
Only one satellite receive-only antenna per lot of record;
2.
A satellite receive-only antenna shall not exceed ten feet in height;
3.
Setback:
a.
Front and side:
Satellite receive-only antennas shall not be permitted in front or side yards;
b.
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;
4.
Separation.
There shall be no minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record;
5.
Satellite receive-only antennas shall not be permitted in easements;
6.
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 Authority or the Federal Communications Commission;
7.
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;
8.
Maintenance.
Satellite receive-only antennas not in use or in need of maintenance, as determined by the building official, shall be removed or brought into compliance within thirty (30) days following notice given by the building official. This shall not preclude immediate action by the City Manager or his/her designee to safeguard the health, safety, property and public welfare;
9.
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;
10.
No permit shall be issued for the installation of a satellite receive-only antenna on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the Building Department;
11.
All satellite receive-only antennas shall be screened from view from adjoining properties by 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.
12.1.7
SPECIAL EXCEPTION RELIEF FROM REGULATIONS.
A.
A Special Exception must be obtained from the Zoning Board of Adjustment for any antenna, tower, and/or satellite receive-only antenna which does not comply with the regulations specified in this Section. In considering whether to grant a Special Exception from the regulations specified above, the Board of Adjustment shall consider the following factors:
1.
The effect on the value of the surrounding property;
2.
The potential for interference with the enjoyment of the use of surrounding properties;
3.
Aesthetics;
4.
The necessity of the Special Exception for the public health, safety, and welfare of the citizens or for governmental purposes;
5.
The zoning district and the adjoining zoning districts of the property for which the Special Exception is sought;
6.
The provisions of 47 C.F.R. § 25.104 which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of antenna facilities unless such regulations:
a.
Have a clearly defined health, safety or aesthetic objective; and
b.
Further the stated health, safety, or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers;
7.
The unique conditions that govern reasonable reception on any given lot.
B.
To properly evaluate all applications to locate commercial antennas or towers which do not comply with the regulations specified above, the following information must be provided by the applicant to the Zoning Board of Adjustment:
1.
Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure;
2.
Indicate the proposed height;
3.
Provide photos or drawings of all equipment, structures and antenna(s);
4.
Describe why the antenna or tower is necessary;
5.
State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user;
6.
Indicate if this antenna or tower site is to be connected to other sites; and if so, describe how it will be connected and who will be the backhaul provider;
7.
Address whether or not the applicant has made an effort to co-locate the facilities proposed for this antenna or tower on existing towers or facilities in the same general area and, if so, identify the location of these existing sites. If yes, describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites’ owners and/or operators, which confirm the statements provided. Indicate whether or not the existing sites allow or promote co-location and, if not, describe why not;
8.
Indicate whether or not co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis for each reason;
9.
If the requested location is in a residential district the applicant shall address whether or not they have made an effort to locate the facility in a commercial or industrial district and identify the location of these commercial or industrial district sites. Describe in detail these efforts and explain in detail why these commercial or industrial district sites were not feasible. Attach all studies or tests performed which demonstrate why the commercial or industrial sites will not provide sufficient signal coverage. Provide written documentation from commercial or industrial district sites’ owners or operators which confirm the statements provided;
10.
Indicate the proposed provider’s current coverage area for the City. Attach maps showing the areas the proposed provider’s existing antennas currently cover, the areas the applicant’s existing sites and other existing sites would cover, and the areas the applicant’s existing sites and the requested site would cover;
11.
Describe the applicant’s master antenna and tower plan for the City. Attach maps and other related documentation. Provide information indicating each phase of the plan;
12.
Describe the applicant’s plan to minimize the number of telecommunications antenna and towers needed to cover the City.
C.
The Zoning Board of Adjustment will approve a requested application subject to the finding that co-location of this facility with a nearby existing tower facility is not technically feasible, subject to the following conditions:
1.
Applicant will permit co-location of others at the site;
2.
Applicant will configure its antenna and other equipment to accommodate other providers;
3.
Applicant will identify its backhaul provider connecting antenna sites; and
4.
Applicant will give notice to the City identifying any providers who co-locate to the site and identify their backhaul provider.
12.1.8
WRITTEN REPORT UPON DENIAL OF REQUEST.
The Administrative Official and/or the Zoning Board of Adjustment shall document any denial of a request to place, construct, or modify an antenna facilities in writing. Such documentation shall be supported by substantial evidence within the written record.
(Ordinance 782-2020 adopted 6/18/20)