Kyle City Zoning Code
ARTICLE XI
WIRELESS TELECOMMUNICATION FACILITIES
§ 53-1261 In general.
(a)
Preexisting wireless telecommunications facilities ("WTF") for which a permit has been issued prior to the effective date the ordinance from which this article derives shall not be required to meet the requirements of this article except as further specified in section 53-1272.
(b)
WTFs and antennas shall be considered a permitted use in any zoning district if all the requirements of this article are satisfied.
(Ordinance 560, § 1, adopted 1/20/2009; Ordinance 1332 adopted 8/20/2024)
§ 53-1262 Definitions.
Any modification, replacement, or reconstruction that materially increases the height or any other dimension of a WTF.
Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals.
Omni-directional antenna
(also known as a whip antenna) transmits and receives radio frequency signals in a 360-degree radial pattern.
Directional antenna
(also known as a panel antenna) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees.
Parabolic antenna
(also known as a dish antenna or satellite dish) is a bowl-shaped device for the reception and/or transmission of radio frequency signals in a specific directional pattern.
A wireless telecommunication facility that is affixed to an existing structure that is not primarily used for the support or attachment of a wireless telecommunication facility and is not a normal component of such a facility.
When more than one wireless telecommunications provider shares a wireless telecommunications support structure.
The fenced WTF area which may be a portion of a parcel or site, or the entire parcel or site.
The distribution or broadcasting or programming or services by satellite directly to the subscriber's premises without use of ground receiving or distribution equipment, except at the subscriber's premises or in the uplink process to the satellite; examples are direct broadcast satellites (DBS), multichannel multipoint distribution (MMDS), and television broadcast stations (TVBS).
Any structure existing prior to the adoption of this chapter that currently supports or can support a wireless telecommunication facility.
Federal Aviation Administration.
Federal Communications Commission.
The distance measured from ground level at the base of a wireless telecommunication facility to the highest point on the facility including any antenna or related equipment.
Any district, structure or site designated as historically significant by any lawfully authorized local, state or federal historic preservation entity or governmental entity, including the city.
A WTF measuring no more than 110 feet (or 33 meters) but greater than 35 feet (or 10.5 meters) in height.
A WTF measuring greater than 110 feet (or 33 meters) in height.
A WTF measuring 35 feet (or 10.5 meters) or less in height (includes private or commercial ham radio operators, repeaters, whip, directional, or parabolic antennas or any other small antenna facility).
All equipment or structures ancillary to the transmission and reception of voice and data via radio frequencies; such equipment or structures may include, but is not limited to, cable, conduit and connectors, cabinets, and fencing.
Any company, corporation, alliance, individual or other legal entity that provides a wireless telecommunication service directly to the public for a fee or to such classes of users as to be effectively available directly to the public regardless of the facilities used; services include, but are not limited to portable phones, car phones, pagers, digital data transmission, or radio or television communications.
Design technology that blends the WTF into the surrounding environment, so it is unrecognizable as a telecommunications facility; examples of stealth facilities include but are not limited to architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements such as church spires or window wall, and antenna structures designed to resemble light poles or flagpoles.
Any structure that supports a wireless telecommunication facility; support structure types include, but are not limited to, any existing or newly constructed structure such as buildings, water towers, light poles, stanchions, monopoles, lattice towers, wood poles or guyed towers.
A wireless telecommunications support structure designed primarily for the support and attachment of a wireless telecommunications facility. Transmission towers include:
Monopole tower.
A self-supporting structure composed of a single spire used to support telecommunications antenna and/or related equipment.
Lattice tower.
A self-supporting three-or four-sided, open, steel frame structure used to support telecommunications antenna and/or related equipment.
Guyed tower.
An open, steel frame that requires wires and anchor bolts for support.
An unstaffed facility operating for the transmission and reception of low-power radio signals consisting of an equipment shelter or cabinet, a support structure, antennas (e.g. omni-directional, panel/directional, or parabolic) and related equipment.
means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, personal communications service towers (PCS), microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. This definition does not include any structure erected solely for a residential, non-commercial individual use, such as television antennas, satellite dishes or amateur radio antennas.
(Ordinance 560, § 2, adopted 1/20/2009; Ordinance 851, § 3, adopted 6/2/2015)
§ 53-1263 Setbacks.
(a)
The standard setbacks for each zoning district shall apply to WTFs with additional setbacks or separation being required in the sections below.
(b)
Transmission towers shall be placed a minimum distance equal to the height of the tower plus two hundred feet away from any residential structure or residential zone boundary. No guy wires shall be used.
(Ordinance 560, § 3, adopted 1/20/2009)
§ 53-1264 Height limitations.
In no case shall a proposed transmission tower exceed 200 feet within the city limits.
(Ordinance 560, § 4, adopted 1/20/2009)
§ 53-1265 Towers along major thoroughfares and gateways.
To preserve and protect the city's major thoroughfares, WTFs must be set back from freeways, expressways, and major and minor arterials by a distance equal to three times the WTF height. The setback for these areas is determined by measuring from the centerline of the right-of-way of the thoroughfare with the following exceptions: all direct-to-home services, citizen's band radio, and all stealth facilities.
(Ordinance 560, § 5, adopted 1/20/2009)
§ 53-1266 Separation between towers.
(a)
The city desires to protect its natural beauty and skyline by limiting the number of towers per square mile. Densities for towers are calculated using the following:
(1)
For minor facilities, towers shall be separated by a minimum of the height of the tower multiplied by 50.
(2)
For intermediate facilities, towers shall be separated by a minimum of the height of the tower multiplied by 45.
(3)
For major facilities, towers shall be separated by a minimum of the height of the tower multiplied by 25.
(Ordinance 560, § 6, adopted 1/20/2009)
§ 53-1267 Additional uses permitted on lot.
WTFs 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 the WTF is located. Towers and their associated equipment shall be separated from other structures on the lot by a minimum distance of ten feet.
(Ordinance 560, § 7, adopted 1/20/2009)
§ 53-1268 Shared facilities and co-location policy.
FCC-licensed wireless communication providers are encouraged to construct and site their WTFs with a view towards sharing facilities with other utilities, to co-location with other existing WTFs and to accommodate the future co-location of other future WTFS, where technically, practically, and economically feasible. The city reserves the right to notify other registered wireless communication providers of new WTF applications to promote co-location.
(Ordinance 560, § 8, adopted 1/20/2009)
§ 53-1269 Review process.
(a)
The planning department has three review processes, which may apply to the development of WTFs.
(1)
Platting.
The normal platting requirements as required by the city subdivision ordinance and the Texas Local Government Code shall apply to WTFs.
(2)
WTF registration.
This process is required for certain minor use subcategories and all intermediate and major subcategories with the exception of direct-to-home services and citizen's band radio. The applicant can register by submitting the appropriate information to the planning department. This information will be used to aid in long range planning.
(3)
Assigned city staff.
City staff as assigned by the city manager oversee site design and development for the city. They may implement any of the site-specific criteria set forth in this chapter in addition to other local government codes and ordinances.
(b)
To make application for site development review, the following is required:
(1)
Completed application for site development review and application fee submitted to the planning department.
(2)
WTF facility plan. A drawing and any supporting documents that identifies:
a.
The location of existing applicant-owned wireless telecommunication facilities in Williamson and/or Travis County.
b.
The type and height of each existing facility.
c.
The current proposed facility.
d.
The type and height of the proposed facility.
e.
At least three co-location alternatives to the applicant's own development along with proof of a genuine effort in co-locating on or attaching to an existing support structure; a certified letter addressed to potential lessors is recommended in addition to evidence that demonstrates that no existing tower or support structure can accommodate the applicant's proposed WTF. Any of the following may be submitted as evidence:
1.
No existing structures are located within the geographic area required to meet applicant's engineering requirements.
2.
Existing structures are of insufficient height to meet applicant's engineering requirements.
3.
Existing structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
4.
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing structures, or the antenna on the existing structures would cause interference with the applicant's proposed antenna.
5.
The fees, costs, or contractual provisions required by the owner in order to share an existing structure or to adapt an existing support structure for sharing are unreasonable. Costs exceeding those for new tower development are presumed to be unreasonable.
6.
The applicant demonstrates that there are other limiting factors that render existing structures unsuitable.
The plan will assist the city in understanding the need for any new wireless telecommunication facility, assess the land use impacts, and aid in comprehensive land use planning. It is not necessary to reveal future plans or locations for additional proposed facilities.
(3)
Proof of compliance with FCC regulations.
(4)
Notification of an impending environmental assessment required by the National Environmental Protection Agency (NEPA) and a copy when the assessment is completed (if applicable).
(5)
A letter addressed to the city declaring an intent and willingness to build out a proposed tower to allow at least 2 other service providers.
(6)
Copies of a site plan (the site plan is not the same as the WTF facility plan) as per assigned city staff requirements; including signature lines for both the owner of the WTF and/or the owner of the property indicating an agreement to remove the entire WTF and any related equipment within 60 days of abandonment.
(7)
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer.
(8)
Upon receipt of all of the above items, the assigned city staff will process the application and review the site plan.
(Ordinance 560, § 9, adopted 1/20/2009; Ordinance 851, § 3, adopted 6/2/2015)
§ 53-1270 Site development criteria for WTFs review process.
The site development requirements for WTFs follow the normal standards for any other type of development according to city code and ordinances. However some additional standards apply to these sites as follows:
(1)
Additional setbacks and separation requirements. Transmission towers shall be placed a minimum distance equal to the height of the tower plus 100 feet away from any residential structure or residential zone boundary. No guy wires shall be used. However, if the minimum distance equal to the height of the tower away from any residential structure or residential zone boundary is less than the following, the greater shall apply.
WTF height, excluding antenna array, does not exceed:
(2)
Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.
(3)
Special aesthetic and lighting standards.
a.
New transmission towers shall maintain a galvanized steel finish or be painted in accordance with any applicable standards of the FAA.
b.
The design of the related buildings and equipment shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the facility to the natural setting and built environment.
c.
If an antenna is installed on a support structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusiveness as possible.
d.
WTFs shall not be artificially lighted with the exception of motion detectors as security lighting, except as required by the FAA or other applicable authority. If security lighting is required, the city shall review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding properties.
(4)
Landscaping and screening. The following requirements shall govern the landscaping and screening for a transmission tower or any parabolic antenna larger than two meters:
a.
Tower compounds shall be landscaped with a buffer of plant materials that effectively screens the base of the WTF site from view of public right-of-way. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound. A screening fence may be used in part to screen a WTF, but must be in addition to the required landscaping.
b.
Certain parabolic dishes attached to the ground shall be screened from public right-of-way by a combination of siting at or behind the imaginary front line of the most major structure on site (largest in gross floor area) and landscaping a four-foot wide strip between the dish and right-of-way.
c.
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, where towers are sited on large, wooded parcels, natural growth around the site perimeter may be a sufficient buffer.
d.
It is the responsibility of the WTF owner to maintain any required landscaping.
(5)
All proposed transmission towers shall provide a point of access from right-of-way which is in conformance with the TCM driveway standards. No off-street parking is required.
(Ordinance 560, § 10, adopted 1/20/2009)
§ 53-1271 Abandonment.
Any WTF that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such a facility shall remove same within 60 days of receipt of notice from the city notifying owner of such abandonment. If such facility is not removed within said 60 days, the city may remove such facility at the property owner's expense. If there are two or more users of a single WTF, then this provision shall not become effective until all users cease operations on the tower.
(Ordinance 560, § 11, adopted 1/20/2009)
§ 53-1272 Nonconforming WTFs.
WTFs in existence on the date of the adoption of the ordinance from which this article derives, which do not comply with the requirements of this article (nonconforming WTFs) are subject to the following provisions:
(1)
Nonconforming WTFs shall continue in use for the purpose now used, but shall not be expanded without complying with this article, except as further provided in this article.
(2)
Nonconforming WTFs 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 therefore, but not without otherwise complying with this article.
(3)
The owner of any nonconforming WTF may replace, repair, rebuild and/or expand such WTF in order to improve the structural integrity of the facility, to allow the facility to accommodate co-located 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.
(Ordinance 560, § 12, adopted 1/20/2009)
§ 53-1273 Modification to existing facilities or preexisting facilities which meet the requirements of this article.
(a)
Minor modifications to WTFs permitted under this article shall be approved by the development services coordinator. Minor modifications are as follows;
(1)
The addition of no more than two antenna arrays to any existing WTF, so long as the addition of the antenna arrays add no more than twenty (20) feet in height to the WTF.
(2)
An increase in height of the support structure which is no greater than ten percent, and a decrease in setbacks by no more than ten percent.
(3)
Co-locations of up to one antenna array shall be considered a minor modification.
(b)
Major modifications. Major modifications to WTFs permitted under this article shall be subject to all terms of the section. Major modifications are any modifications that exceed the definition of minor modifications.
(Ordinance 560, § 13, adopted 1/20/2009)
§ 53-1274 Penalty.
Any person, firm or corporation violating any of the provisions or terms of this article shall be subject to the same penalty as provided for in the Code of Ordinances, as amended, and upon conviction shall be punished by a fine not to exceed the sum of $500.00 for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense.
(Ordinance 560, § 16, adopted 1/20/2009)