(A)

The purpose of this subarticle is to establish guidelines regulating the location of telecommunication towers and antennas in order to minimize their number. Meeting this objective will: protect and promote public safety, minimize and mitigate any adverse visual or aesthetic impacts on the community, and promote the orderly development of telecommunication facilities within the city. It will also: avoid the creation of visual distractions, prevent obstructions to the view of pedestrians and motorists on public thoroughfares, and ensure the structural integrity of supporting structures.

(B)

The regulations contained in this subarticle have been developed under the following general guidelines as provided in the Federal Telecommunications Act of 1996:

(1)

Cities have local authority over "placement construction and modification" of cellular telephone facilities and other personal wireless telecommunication service facilities.

(2)

Regulations "shall not unreasonably discriminate among providers of functionally equivalent services."

(3)

Regulations "shall not prohibit or have the effect of prohibiting the provision of personal wireless services."

(4)

"Denial shall be in writing and supported by substantial evidence."

(5)

Cities may not "regulate the placement, construction and modification of personal wireless service facilities on the basis of environmental or radio frequency emissions to the extent that such facilities comply with the Federal Communication Commissions regulations concerning such emissions."

(C)

Notwithstanding any other provision of this subarticle, installation, construction, alteration, modification or replacement of telecommunications towers and antennas, when permitted by federal and state laws, shall be regulated and governed by the following use regulations and requirements.

(Ord. 2001-15, passed 8-13-01; Ord. 2004-19, passed 8-9-04)

(A)

Applications.

(1)

All applications. All applications for building permits or a special use exception, under §§ 15-6-48(B) and 15-6-142, for a telecommunications tower, antenna or other facility to provide a telecommunications service, shall include a completed supplemental information form provided by the city. An application shall include the following information:

(a)

Site and landscape plans drawn to scale.

(b)

A report, including a description of the tower, with technical reasons for its design and the reason the particular location was selected. The report should disclose the technical performance goals (i.e., desired strength signal) for the provider: whether additional towers will need to be located within the city, the conditions necessary to provide adequate coverage, radio frequency coverage prediction maps showing the area to be served before the addition of a new cell, and a radio frequency coverage prediction map that shows coverage after the new cell is operational.

(c)

Documentation establishing the structural integrity of the tower for its proposed uses.

(d)

The general capacity of the tower, and information necessary to assure that ANSI/TIA/EIA standards are met.

(e)

A statement of intent on whether space will be leased to other telecommunication providers.

(f)

Proof of ownership of the proposed site or authorization to use the site.

(g)

Copies of any necessary easements to provide utilities to the facility.

(h)

An analysis of the area containing topographic contours.

(i)

The proposed location of the interconnection, if any, between the wireless telecommunication provider and the franchised wired, cable or fiber-optic telecommunication provider. If the interconnection is not located in the equipment enclosure at the base of the tower, then a detailed description of any and all easements that are being used to carry the signal by wire, cable or fiber-optic cable.

(j)

Identification of any alternative sites that were available for co-location, and the reason co-location on an existing site was not a practical alternative.

(2)

Applications for special use exceptions. All applications for a special use exception, under § 15-6-142, for a telecommunications tower, antenna, or other facility to provide a telecommunications service, shall include a completed supplemental information form provided by the city. An application shall include a report with the following information:

(a)

Description of the tower, with technical reasons for its design and the reason the particular location was selected.

(b)

Any alternative sites that were available for co-location, and the reason co-location on an existing site was not a practical alternative. The technical performance goals (i.e., desired strength signal) for the provider.

(c)

Whether additional towers will need to be located within the city, and under what conditions, to provide adequate coverage. A map showing the general location of future towers may be provided. If the general location of any future towers (whether by description within the report or on the map) is not provided, the fact that the telecommunication provider has antennas located on the tower being applied for may not be used to justify the location of any future towers within the city.

(d)

Information relating to the number of calls being dropped within the current tower coverage area, the number of failed hand-offs between existing cell sites, and the number of people denied access to the system because there is not enough capacity to handle all calls.

(e)

Any maps and information provided under this subsection will be treated by the city as privileged commercial information under § 552.110 of the Texas Public Information Act, Chapter 552, Tex. Gov't Code, if each page and sheet is clearly marked and identified as proprietary information that should not be made available to the public. If such a request for the information is received, it will be forwarded to the Attorney General for a determination under § 552.301 of the Act. The city will withhold the information from the requester under § 552.305 of the Act, until after the Attorney General's decision is received. The city will only release the information if directed to do so by the Attorney General.

(B)

Platted lots. Telecommunications facilities, including towers and related equipment buildings, shall be located on a platted lot.

(C)

Technical assistance. When a special use exception is required to comply with the provisions of this subarticle, and when the technical information provided by the applicant is beyond the technical capacity of city staff to review, the applicant, in addition to the usual application fee, shall reimburse the city for the actual cost to the city for the services of a technical expert to review the application and/or information supplement, up to a maximum of $5,000.00.

(D)

Pre-application meetings. Prior to leasing, purchasing or constructing telecommunication facilities, the telecommunications provider or licensee is required to meet with the Director of Development Services and/or the Building Official, or their designees, to determine if the location will require a special use exception or other approvals, and to review the merits of potential locations

(E)

Master antenna map. To facilitate co-location and coordination of telecommunication sites, the city shall notify the providers of telecommunication services, listed in the telephone directory or otherwise known to the city, of the enactment of this subarticle, within 30 days of its effective date. Within 90 days of the date of such notice, telecommunications providers shall provide the city with their respective master antenna maps. Each master antenna map shall: show the locations, heights and co-location capabilities of all telecommunications towers with antennas serving any portion of the city; and indicate coverage areas for current telecommunications towers. Within 90 days of the installation of an antenna on any new or existing towers not previously identified, providers shall also provide the city with any updates to the above documents, and notice of any change in ownership of any telecommunications tower.

(Ord. 2001-15, passed 8-13-01; Ord. 2004-19, passed 8-9-04)

(A)

Applicable federal and state standards. All telecommunications towers and antennas shall be erected and operated in compliance with current Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) rules and regulations, and other applicable federal, state and local standards.

(B)

Structural standards. Telecommunications tower structures must be designed and constructed to conform to the most current revision of TIA/EIA 222 standards. However, any telecommunications tower structures must be designed and constructed to the wind-load speeds established in the Building Code, rather than the basic wind speeds published in TIA/EIA 222.

(C)

Co-location. If over 75 feet (23 meters) in height, towers shall be designed and built to accommodate a minimum of two telecommunication providers. The owner of the tower must certify to the city that the tower is available for use by other telecommunications service providers on a reasonable and nondiscriminatory basis.

(D)

Fencing and support structures.

(1)

Security fencing shall be installed and must be constructed of wrought-iron, steel, or chain-link fence, or a masonry wall, which is not less than 6 feet (1.8 meters) in height.

(2)

The exterior of equipment buildings, within, adjacent to or visible from a residential district, shall be constructed of materials (i.e., siding, brick, masonry or stucco) and in a style and character (i.e., roofing, color and trim) similar to adjoining structures. It must blend with adjacent landscaping and other surroundings. Metal equipment cabinets are not permitted.

(3)

The exterior of other equipment buildings and/or metal equipment cabinets, which are located within a nonresidential district and visible from public right-of-ways, must have a neutral finish, or be painted to reflect the color and character of adjoining structures or to blend with adjacent landscaping and other surroundings.

(4)

The owner or operator of a telecommunication tower facility may request from the Board of Adjustment a waiver of the requirement for a security fence.

(E)

Setbacks.

(1)

All telecommunication towers, as well as guys and guy anchors, shall be located within the buildable area of the lot and not within the front-, rear- or side-yard building setbacks.

(2)

Telecommunication towers shall be set back a minimum of one-and-a-half times the height of the tower from the right-of-way of all federal and state highways and any arterial street.

(3)

Except as otherwise provided in this subarticle, telecommunications towers adjacent to residential dwellings must be a minimum of a one-to-one distance-to-height ratio from a single-family, two-family or multiple-family dwelling

(4)

Amateur radio antennas must be:

(a)

A minimum of a one-to-two distance-to-height ratio from nearest property line, and

(b)

Erected with the consent of adjoining property owners.

(5)

The Building Official may allow the construction of a telecommunication tower that is not adjacent to a dwelling within the setback required by § 15-6-47(E)(2), if the tower, including any antennas and other devices installed on the tower, is built to substantially higher wind-load standards. The minimum setbacks from roadways may be reduced to the minimum required yard setbacks, if the tower will withstand a sustained wind speed of 105 mph, or such wind speeds designated for wind-load design by the Texas Department of Insurance for structures located within the city.

(6)

The Zoning Board of Adjustment may reduce the required setback of a telecommunication tower adjacent to a dwelling, if the tower, including any antennas and other devices installed on the tower, are built to substantially higher wind-load standards. The setback from nearest residential structure may be reduced to the minimum required yard setbacks, if the tower will withstand a sustained wind speed of 105 mph, or such wind speeds designated for wind-load design by the Texas Department of Insurance for structures located within the city.

(F)

Signage.

(1)

Except as otherwise permitted in this subarticle, no signage lettering, symbols, images or trademarks, other than one identifying sign that is not in excess of 200 square inches (1,290 square centimeters), shall be placed on or affixed to any part of a telecommunications tower, antenna or antenna array, other than as required by FCC regulations or other applicable laws.

(2)

An identifying sign shall be posted on the gate of the security fence or on the door of the equipment enclosure. The identifying sign shall contain the following information to enable public safety personnel to contact the telecommunication tower operator:

(a)

The name of the operator of the telecommunications tower, and

(b)

A telephone number that is monitored 24 hours a day, 365 days a year.

(G)

Lighting.

(1)

Except as otherwise permitted in this subarticle, no signals, lights or illumination of any kind shall be permitted on or directed toward any tower, unless required by the FCC, the FAA or other appropriate public authority with jurisdiction over lighting of towers.

(2)

Security lighting may be installed to illuminate the area surrounding the tower and the equipment building or equipment enclosures. Any lighting must be shielded and directed away from any nearby streets or residences so long as FCC or FAA guidelines, standards and regulations are satisfied.

(H)

Abandonment.

(1)

Within 30 days of its filing with the FCC, the owner of any telecommunications facility shall provide the Building Official with a copy of any notice of its intent to cease operations. Unless an extension is obtained from the Building Official, the telecommunications tower and accessory structures shall be removed within 90 days of the date operations cease.

(2)

In the event the use of any wireless communication facility, which would include any telecommunications tower or other antenna support structure, has been discontinued for a period of 360 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 from the owner/operator regarding the issue of usage.

(3)

Upon the determination of abandonment, the owner/operator of the tower or antenna support structure shall remove the tower or structure, within 90 days of receipt of notice from the Building Official notifying the owner/operator of such abandonment. If it is not removed within 90 days, the Building Official shall cause it to be removed at the owner's expense.

(I)

Landscaping.

(1)

Within a residential district, any side of the security fencing surrounding a telecommunication tower antenna facility, within a residential district that is visible from a public road or residence must be screened from view by landscaping. The planting of trees within the fenced area is encouraged.

(2)

Within a nonresidential district, any side of the security fencing surrounding a telecommunication tower antenna facility that is located in a front or side yard along a street, or visible from a residence must be screened from view by landscaping.

(3)

Landscaping shall be designed to block, within 12 months of installation, the view of the public, from a road or residence, of: the base of the tower, equipment structures and parking areas within the fenced enclosure

(4)

Plants shall be selected from those listed in Exhibit A, Preferred Plant List, of Article 12, Landscaping Policy, of Chapter XI: Business Regulations. The use of drought-tolerant trees, shrubs and vines is recommended.

(5)

The owner or operator of the antenna facility shall maintain the required landscaping.

(Ord. 2001-15, passed 8-13-01; Ord. 2004-19, passed 8-9-04)

(A)

Towers permitted by right.

(1)

Freestanding, monopole telecommunications towers 85 feet (26 meters) or less in height, and self-supporting lattice and guyed towers 50 feet (15 meters) or less in height are permitted in the nonresidential districts indicated in Appendix C of the Zoning Ordinance ("Appendix C").

(2)

Freestanding, monopole, guyed and self-supporting lattice-work towers of any height are permitted in an I-2 district.

(B)

Towers requiring a special use exception (SUE).

(1)

Except as otherwise provided in this subarticle, monopole towers in excess of 85 feet (26 meters) in height, and other telecommunication towers, including self-supporting, lattice and guyed towers in excess of 50 feet (15 meters) in height, are permitted in the nonresidential districts, and monopole telecommunications towers are permitted in residential districts, as indicated in Appendix C, with a special use exception (SUE).

(2)

The following new monopole structures are permitted by right in all zoning areas upon submission of documentation required in § 15-6-46:

(a)

The structure, including the equipment, must not exceed 50 feet;

(b)

The monopole structure shall meet a total wind loading factor of 550 pounds (or equivalent) at a maximum of 135 mph or less for all attached equipment;

(c)

The maximum wind resistance cannot exceed the ultimate resting moment for the specific pole classification as indicated in Appendix D of the Zoning Ordinance ("Appendix D"); and

(d)

No single antenna shall be greater than 48 inches in length or cross section.

(C)

Historic/cultural. Except for compatible alternative mounting structures that effectively camouflage or conceal the presence of telecommunications antennas, telecommunications facilities should not be located on or within 300 feet (90 meters) of property zoned historic or property included in a national or local historic district. In addition, such facilities should, wherever possible, be located so as to ensure that historic or culturally significant vistas and landscapes are protected, and that the views of and vistas from architecturally and/or historically significant structures are not impaired or diminished

(D)

Tower spacing. Any new telecommunications tower in excess of 180 feet in height must be located a minimum of one mile from any existing tower in excess of 180 feet (54. 9 meters) in height, unless the telecommunications tower is located within an I-2 district.

(E)

Alternative mounting structures.

(1)

New alternative mounting structures, 100 feet (30 meters) or less in height, are permitted, by right, in the nonresidential districts indicated in Appendix C.

(2)

New alternative mounting structures in excess of 100 feet (30 meters) in height are permitted, with a special use exception, in the nonresidential districts indicated in Appendix C.

(3)

New alternative mounting structures 100 feet (30 meters) or less in height that are also used to provide lighting to parks, stadiums, athletic fields, school playgrounds, tennis courts and other recreational areas are permitted, by right, in the residential districts indicated in Appendix C.

(4)

The following new monopole structures are permitted by right in all zoning areas upon submission of documentation required in § 15-6-46:

(a)

The structure, including equipment, must not exceed 50 feet;

(b)

The monopole structure shall meet a total wind loading factor of 550 pounds (or equivalent) at a maximum of 135 mph or less for all attached equipment;

(c)

The maximum wind resistance cannot exceed the ultimate resting moment for the specific pole classification as indicated in Appendix D; and

(d)

No single antenna shall be greater than 48 inches in length or cross section.

(5)

All other new alternative mounting structures located in the residential zoning districts shall require a special use exception.

(6)

Alternative mounting structures must be either:

(a)

Similar in color, scale and character to adjoining buildings or structures, or blend with the immediately adjacent landscaping and other surroundings so as to generally avoid the creation of a unique, discreet visual object; or

(b)

Designed as an artwork. The design of a proposed, alternative mounting structure intended to also serve as a work of art shall be submitted to the Municipal Arts Commission for review and comment;

(c)

Designed as lighting standards for parks, stadiums, athletic fields, school playgrounds, tennis courts and other recreational areas.

(Ord. 2001-15, passed 8-13-01; Ord. 2004-19, passed 8-9-04)

(A)

Purpose. The purpose of this section is to promote public safety and maintain order and harmony within the city's business, cultural and residential districts, by restricting the size and location of telecommunications antennas.

(B)

Whip and panel antenna mounting standards.

(1)

Provided that the total length of any antenna does not exceed 15% of the height of the structure, individual telecommunications antennas are allowed, as a matter of right, on existing electric utility poles, light standards and telecommunications towers in excess of 40 feet (12 meters) in height.

(2)

The height or length of a panel or whip antenna is determined by measuring from the base or point of attachment to a tower or structure to the highest point of any and all components of the antenna.

(3)

Telecommunications antennas and arrays are allowed, by right, on existing electric transmission towers.

(4)

Existing towers in excess of 50 feet (15 meters) in height may, as a matter of right, be rebuilt, if necessary, to support or contain a new antenna or additional antennas, provided that the new tower is the same height and substantially the same in appearance as the structure it replaces and, at a minimum, is reconstructed to meet the current building codes, including the state's windstorm-resistant construction regulations.

(5)

Panel antennas and dish antennas with a length or cross section of 48 inches or less or whip antennas extending 15 feet (4.5 meters) or less in total height, are permitted, as a matter of right, on conforming billboard structures and signs.

(6)

Panel antennas that do not extend above billboards and outdoor advertising signs, or whip antennas 15 feet (4.5 meters) or less in height, are permitted, as a matter of right, on conforming billboard structures and signs.

(7)

Building-mounted panel antennas are permitted, as a matter of right, on nonresidential buildings and multifamily dwellings in all zoning districts, provided that they do not project to the side more than 36 inches (91 centimeters) from the surface of the building to which they are attached. The antenna's appearance shall be such that its color and texture blends with the building's surrounding surface.

(8)

Whip antennas are permitted, as a matter of right, on nonresidential buildings and multifamily dwellings in all zoning districts, provided that their total length, regardless of mounting method or location, does not exceed 25 feet (7.5 meters) or 15% of the height of the building.

(C)

Dish antenna mounting standards.

(1)

Dish antennas shall not be permitted in any front-yard or side-yard setback area adjacent to any roadway.

(2)

Ground-mounted dish antennas in excess of 5 feet (1.5 meters) in height shall be screened from roadways and adjacent property with a screening fence, evergreen hedge or masonry wall that is a minimum of six feet in height.

(3)

Dish antennas in excess of 10 feet (three meters) in height, or more than 10 feet (3 meters) in diameter shall not be permitted in any residential zoning district.

(4)

Building/roof mounted dish antennas 3.3 feet (one meter) or less in diameter are permitted in all zoning districts indicated in Appendix C.

(5)

Building/roof-mounted dish antennas 6.6 feet (two meters) or less in diameter are permitted on all nonresidential buildings and multifamily dwellings in any zoning district.

(6)

Building/roof-mounted dish antennas in excess of 6.6 feet (two meters) in diameter may be permitted, in any zoning district, on buildings in excess of 100,000 square feet (9,000 square meters) of building floor area.

(D)

Structural certification. Prior to the installation of any building/roof-mounted telecommunications antenna, antenna array, or support structure on other than a single-family residence, the Building Official shall be provided with an engineer's certification that the structure will support and not be adversely affected by the proposed antenna and associated equipment.

(Ord. 2001-15, passed 8-13-01; Ord. 2004-19, passed 8-9-04)

Any entity that desires to erect or utilize telecommunication facilities that wishes to present evidence that it would be limited, by current city ordinances or regulations dealing with zoning and land use, may apply for such use under this section. Upon a showing that strict application of the regulations would prohibit or have the effect of prohibiting personal wireless service as defined by federal law, the Zoning Board of Adjustment shall grant a special use exception, consistent with the spirit and intent of this article and section, to the extent necessary to prevent the prohibition.

(Ord. 2001-15, passed 8-13-01; Ord. 2004-19, passed 8-9-04)

In addition to the penalties provided in this code, any violation of this subarticle is hereby declared to be a nuisance. In addition to any other relief provided by this subchapter, the city may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this subarticle, and other available relief.

(Ord. 2001-15, passed 8-13-01; Ord. 2004-19, passed 8-9-04)

Cross reference— Penalty, see § 15-6-999.