The purpose of the regulations described by this article is to allow the compatible and orderly development, within the city, of uses which may be suitable only in certain locations in a zoning district if developed in a specific way or only for a limited period of time.

A use permit is required for all conditional uses as set forth in the conditional use paragraph of each use district. At no time may a structure or property be adapted to a conditional use without first obtaining a use permit. The conditional use permit is issued to the property owner, or to an individual with written permission from the owner authorizing such individual to use such property for the purpose for which the conditional use permit is being requested, and is not transferable. Any addition to or change in a structure which constitutes a percentage of the structure greater than set out in section 1.79.C.3 herein, and any change in location, change in ownership or business entity owning or carrying out its operation on the property terminates the conditional use permit.

(Ord. No. 84-44, § II, 7-31-84)

The city's planning director shall have the responsibility for processing all use permits required for conditional uses and presenting them to the planning and zoning commission for processing as described below. The following procedures shall be complied with prior to the approval or denial of any use permit:

A.

Notice to all owners of real property within 300 feet of the property for which application has been made shall be mailed, but in no case shall this notification occur less than ten working days prior to consideration at a meeting of the planning and zoning commission to consider such application.

B.

Application concerning use permits for those uses which are conditional shall be automatically referred to the planning and zoning commission for a public hearing. The planning director shall investigate, note the adjacent property owners, and provide necessary professional advice. The planning and zoning commission may deny an application for a use permit after a public hearing if the proposed use fails to meet one of the criteria set forth in requirements for approval.

C.

The planning and zoning commission must obtain recommendations from the police chief, the planning director, the code enforcement officer [head building inspector], and the fire marshal for all applications for business establishments which will be selling alcoholic beverages for on-premises consumption. After recommendations from each of the officers referred to above have been received, the planning and zoning commission shall hear the application and make a recommendation and then the application for conditional use shall be presented to the city commission for approval.

D.

Appeal shall be in accordance with section 1.92, subsection B4, of this chapter [ordinance].

(Ord. No. 84-44, § III, 7-31-84)

The property owner or certified agent shall make application on a form prescribed by the city and such application shall provide drawings as set forth in "Site Plans Required," section 1.44. Obtaining a use permit does not exempt the applicant from complying with requirements of the building code or other ordinances. The fee for a use permit shall be recommended by the city planning and zoning commission and approved by the city commission. Payment of such fees shall not be refundable in whole or in part.

A.

Purpose: The purpose of the site plan is to ensure compliance with the zoning ordinance and to assist in the orderly and harmonious development of the city, to protect and enhance the general welfare, and to help prevent the impairment or depreciation of land values and development by the erection of structures, additions, or alteration thereto without proper attention to site planning.

B.

Recording: The applicant shall file with the director of planning three copies of his site plan. The director of planning shall keep one copy in his files. The duplicate copies shall be used during the investigation of the case and for review of the commission in the event a hearing is required.

C.

Contents: The site plan shall contain drawings to scale to indicate as needed:

1.

The location of all structures on the subject property and on adjoining property;

2.

Landscaping and/or fencing of yards and setback areas and proposed changes;

3.

Design of ingress and egress;

4.

Off-street parking and loading facilities;

5.

Height of all structures;

6.

Proposed uses; and

7.

The location and types of all signs, including lighting and heights.

A.

The planning and zoning commission may permit a conditional use subject to appropriate conditions and safeguards when the commission finds:

1.

That the proposed use meets all the minimum standards established in this ordinance and other applicable ordinances.

2.

That the proposed use meets the intent of the district in which it is located, and is in accordance with the comprehensive plan.

3.

That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to the neighboring property.

B.

Appeal of a decision of the planning and zoning commission shall be in accordance with section 1.92, subsection B4, of this chapter [ordinance].

A.

The building official shall ensure compliance with this ordinance and the permit. He shall:

1.

Make inspections to determine compliance with the provisions of this ordinance and the permit, and initiate appropriate action if necessary.

2.

Investigate thoroughly any complaints of noncompliance concerning a permitted special use, and keep a record of all complaints, indicating any action taken. These records shall be made available at the time of renewal of the permit.

B.

Upon determination of noncompliance with the provisions of the conditional use permit, the building official shall take action as follows:

1.

Give written notice to the permit holder of the nature of the violation, the necessary action to remedy the violation, and the time period, not less than ten days nor more than 30 days after the date of notification, within which to comply.

2.

Notify the planning and zoning commission of the noncompliance if the violations have not been corrected within the prescribed time period.

C.

The planning and zoning commission, after due hearing, may revoke any conditional use permit that has been reported in violation by the building official. Continued use without a permit will be a violation of the zoning ordinance and subject to the same penalties provided therein.

D.

If within six months after the date granted, a use permit has not been used, or a building permit has not been obtained, where construction is necessary, the permit is automatically canceled.

E.

If the property owner in whose name the permit is issued transfers ownership of the property utilized by the conditional use, the permit is automatically canceled.

F.

Appeal of a decision of the planning and zoning commission shall be in accordance with section 1.92, subsection B4, of this chapter [ordinance].

A.

A conditional use permit shall have a time limit of not more than one year unless otherwise approved by the board of commissioners [city commission]. If the conditional use permit does have a time limit other than one year, the expiration date shall be set forth in the permit. Any permittee wishing a renewal of such permit for successive time periods shall make application for renewal to the director of planning or his designated representative, not less than 30 days before the permit expires. If after proper inspection, the staff finds that the conditions of the original permit are being met, and there have not been any signed complaints of noncompliance, the place for uses, other than for establishments selling or distributing alcoholic beverages for consumption on premises, may be renewed by the staff for the same time period as approved by the planning and zoning commission originally. If there is evidence of or complaints of noncompliance, then renewal of the permit must follow the same procedures and notification as the issuance of a new permit, and may be renewed by the planning and zoning commission.

B.

Renewals of conditional use permits for establishments selling or distributing alcoholic beverages for consumption on premises must be approved by the board of commissioners [city commission] after obtaining recommendations from the police chief, planning director, code enforcement officer [head building inspector] and fire marshal. After recommendations from each of the officers referred to above have been received, the board of commissioners [city commission] shall hear the application and either extend the conditional use permit or refuse to extend such permit.

C.

If any request is made by the establishment selling or distributing alcoholic beverages to alter, revise or amend any conditions or requirements under which such establishment has operated under the prior permit, such request shall constitute a request for a new conditional use permit and must follow all the procedures established for a new request.

D.

If a permittee who has previously held a permit for an establishment selling or distributing alcoholic beverages for a minimum of two years and the permit has lapsed wishes to reapply for a permit for the same location as the permit was previously held, and there have been no negative incidents or reports to the Pharr police department or Texas alcoholic beverage commission during such two-year period, the city commission may authorize a 60-day provisional permit during which period the applicant may reapply for a conditional use permit.

The applicant must meet all requirements for a conditional use permit within the next 60 days in order to maintain the permit but upon approval of the 60-day provisional permit by the city commission, the city secretary is authorized to execute the application with a limitation of "60 days only" upon such application.

(Ord. No. 84-44, § IV, 7-31-84; Ord. No. 86-39, § 1, 12-20-86)

A.

Home occupations:

1.

The area used in conducting the home occupation will be clearly secondary to the residential use.

2.

A nonilluminated sign not more than 18 inches by 24 inches identifying the name of the owner and his title or occupation may be permitted when attached flush to the main building.

3.

There shall be no exterior display or alterations indicating that the building is being used for any purpose other than that of a dwelling.

4.

There shall be no more than one additional unrelated employee other than immediate members of the family residing on the premises.

5.

There shall be no outside storage of materials or products.

6.

The permitted use shall not create frequent or heavy traffic, greater than ten percent of the average load per hour, per street.

B.

Mobile homes or portable buildings:

1.

One mobile home may be placed on an unsubdivided tract of land when (1) it is to be occupied by the owner, (2) the tract is five acres or larger, and (3) the only use of the land is for agricultural purposes.

2.

The mobile home or portable building must be located in such a manner as to have access to public right-of-way within 200 feet.

3.

The mobile home must be connected to an approved water distribution and sewage disposal system. Portable buildings, if approved for occupancy by industrial, commercial and residential use, must have an approved water distribution and sewage disposal system available for its use.

4.

There must be a provision for garbage and trash collection and disposal.

5.

The mobile home must be tied down and meet all other applicable provisions of the Mobile Home Ordinance [chapter 78 of the Code of Ordinances].

C.

Guesthouses, garage apartments, and separate servants' quarters:

1.

The above-mentioned uses require a 12,000-square-foot lot in all districts except the R-3 and R-4 districts. They must otherwise comply with all area requirements of the district in which they are located.

2.

With the exception of the R-3 and R-4 districts, none of the above-mentioned uses may be made available or used for lease, rent, or hire, and the owner of such use may not receive remuneration for the use of one of the above. In addition, in no district shall such uses be sold or conveyed separately without meeting the requirements of the subdivision ordinance.

D.

Existing railroads and private utilities: Existing railroads and private utilities, including telephone service, may continue to be operated and maintained in residential and commercial districts. No new railroad, utility structures or electrical substations other than the usual poles, wires, underground utilities and lift stations shall be established in such district without a special use permit. Such uses shall be deemed as a permitted use under applicable industrial zones. A masonry wall shall be required as a buffer surrounding the property.

E.

[Churches, schools, railroads and other conditional uses:] Churches, schools, railroads and other conditional uses automatically allowed in each district by state law, but required within a district to obtain a conditional use permit, must be issued a conditional use permit subject to the use meeting reasonable requirements imposed in section 1.45.

1.

No church or religious institution will be allowed within a 1,000 foot radius from another church; the measurement of the distance between church properties shall be from the nearest property line to property line on which church sits, owns or rents.

F.

Establishments selling or distributing alcoholic beverages for consumption on premises:

1.

An establishment that sells or allows the on premises consumption of alcoholic beverages in the City of Pharr shall operate in a "C" zone, general business district; "C-2" zone, business district; "HC" zone, heavy commercial; "LI" zone, limited industrial; "HI" zone, heavy industrial; or in recreational facilities located within a private development.

2.

In addition to the restricted locations as stated above, the above-mentioned establishments may be allowed to sell or allow the on premises consumption of alcoholic beverages within 300 feet of a church, public or private school, or public hospital.

3.

The establishment shall notify the church, public or private school, or public hospital, and the City of Pharr's Planning and Zoning department in written form of their interest in selling or consuming alcoholic beverages within 300 feet of such locations. If the church or school objects to the request, the City of Pharr's authorized designee may deny the request.

4.

The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be:

(A)

In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or

(B)

If the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.

5.

For premises where minors are prohibited from entering the premises under V.T.C.A., Alcoholic Beverage Code § 109.53, the measurement of the distance between the premises and a public school shall be:

(A)

In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or

(B)

If the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.

6.

In accordance with V.T.C.A., Alcoholic Beverage Code § 109.32, the above mentioned establishment businesses shall be not less than 300 feet from the nearest residential zone, unless located within a private development, or publicly owned building shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections, measured in a straight line or must provide sufficient buffering and sound insulation of the building such that the business is not visible and cannot be heard from such residential zone or publicly owned building and must be designed to prevent disruption of the character of adjacent residential areas. As applies to this provision, a street or alley does not constitute buffering and sound insulation. The above-mentioned businesses, unless located within a private development, must be adjacent to or abutting a minor arterial street or a street of larger classification.

7.

The above-mentioned establishment must meet lot size requirements in the zoning ordinance for all uses within this zone.

8.

The above-mentioned establishment must provide parking sufficient to comply with all ordinance requirements.

9.

The above-mentioned establishment shall restrict the number of persons within the building to those allowed by the city commission with the recommendation of the planning and zoning commission at the time of permit issuance, which number shall be determined by the commission after having taken into account the recommendations of the fire marshal, code enforcement officer [head building inspector], and director of planning. This number cannot exceed the number provided for in existing city ordinances.

10.

The above-mentioned establishment shall take action to prevent and be designed to discourage criminal activities and vandalism both on site and on adjacent property by means of sufficient lighting, elimination of dark areas, and the orientation of the building such that it provides maximum visibility from a public street, unless located within a private development.

11.

The above-mentioned businesses must make provisions to keep litter from being spread to adjacent streets and property.

12.

Alcoholic beverage establishments shall fall into two categories:

(A)

Alcohol as a principle use where 51 percent or more of sales come from alcohol; or

(B)

Food as a principle use where 51 percent or more of sales are food related (a copy of the establishment's full menu must be provided for documentation).

13.

The city reserves the right to approve, amend or deny any city regulation that may be allowed by the Texas Alcoholic and Beverage Code as may be amended from time to time. The City of Pharr shall also be authorized to carry out any and all duties and responsibilities as directed by the City of Pharr and as may be allowed by law. Should any person or establishment be found to have committed acts, or allowed the commission of any act or condition found by the City of Pharr to be detrimental to the public health, safety, and welfare of the residents of the City of Pharr or persons located within corporate boundaries, the City of Pharr shall be authorized to take any action allowed by ordinance, state or federal law, or other regulation. These actions may include but not limited to: quarantine, abatement of premises, closure, condemning, removal of dangerous substances and persons, and other preventive measures and actions.

G.

Additional restrictions or conditions: The planning and zoning commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this section and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping, buffering, and additional improvements such as curbing and sidewalks.

(Ord. No. 84-44, §§ V, VI, 7-31-84; Ord. No. 86-12, §§ 1—4, 4-1-86; Ord. No. O-2008-47, § 4, 10-7-08; Ord. No. O-2014-49, § 1, 11-3-14; Ord. No. O-2019-19, § 25, 6-17-19)

Effective January 25, 2003, all telephone, radio, cellular, television and/or other telecommunication towers and antennas shall be required to obtain a conditional use permit pursuant to the terms of this section:

A.

Purpose. The purpose of the ordinance described in this section is to:

1.

Allow the compatible and orderly development, within the city, of uses which may be suitable only in certain locations in a zoning district;

2.

Establish guidelines for the setting of all telephone, radio, cellular, television and/or other telecommunication towers and antennas;

3,

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

4.

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

5.

Encourage the location of towers and antennas in nonresidential areas;

6.

Minimize the total number of towers and antennas within the community necessary to provide adequate personal wireless services to residents and avoid potential damage to adjacent properties from tower or antenna failure through structural standards and setback requirements;

7.

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

8.

Minimize adverse visual effects of towers and antennas through careful design and sitting standards;

9.

Locate telecommunication towers and antennas in areas where adverse impacts on the community are minimized;

10.

Enhance the ability of the providers of telecommunications services to deliver such services to the community effectively and efficiently.

B.

Definitions. Except as specifically defined herein, all words used in this section shall be defined in The New Illustrated Book of Development Definitions, (1993, Rutgers). Words not defined herein or in the referenced text shall be construed to have the meaning given by common and ordinary use and shall be interpreted within the context of the sentence in which they occur. For the purpose of clarification, certain words or terms used herein shall be defined as follows: Words used in the singular include the plural and words used in the plural include the singular. Words used in the present tense include the future tense.

1.

The word "erected" includes the words "constructed", "located", or "relocated".

2.

The word "map" or "zoning map" means the zoning map.

3.

The word "parcel" includes the word "plot" or "lot".

4.

The word "person" includes the words "individuals", "firms", "partnerships", "corporations", "associations", "governmental bodies", and all other legal entities.

5.

The word "shall" is always mandatory, never discretionary.

6.

The word "used" or "occupied" include the words "intended, arranged, or designated to be used or occupied".

7.

Antenna or antenna array. An exterior apparatus made of one or more rods, panels, discs, or similar devices for wireless communication. Used in the transmission or reception of radio frequency signals and/or electromagnetic wares. Antennas may include omni-directional antennas (rod), directional antenna (panel) and parabolic antenna (disc).

8.

Attached wireless communication facility. An antenna that is attached to an existing building or structure, which shall include, but not limited to, utility poles, signs, water towers, with any accompanying pole or device which attaches the antenna to the building or structure.

9.

Co-location or site sharing. Use of a common tower or site by two or more wireless holders.

10.

FAA. Federal Aviation Administration.

11.

FCC. Federal Communication Commission.

12.

Geographic antenna placement area. The general vicinity within which the placement of an antenna is necessary to meet the engineering requirements of an applicant's network or broadcasting need.

13.

Governing authority. City of Pharr Board of Commissioners.

14.

Height. When referring to a tower, antenna or structure, shall mean the distance measured from ground level to the highest point of the tower, antenna or structure.

15.

Lattice tower. A guyed or self-supporting three or four-sided open steel frame structure used to support telecommunication equipment.

16.

Monopole tower. A structure composed of a single spire used to support telecommunication equipment.

17.

Temporary wireless communication facility. A wireless communication facility to be placed in use for 120 or fewer days.

18.

Tower. A stand alone structure that is designed and constructed 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, microwave towers, common-carrier towers, cellular telecommunication towers, with accessory buildings/structures and other similar structures.

19.

Wireless communication. Any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunication 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.

20.

Wireless communication facility (WCF). Any unstaffed facility for the transmission and/or reception of wireless telecommunication services usually consisting of an antenna, cables, and a support structure to achieve the necessary elevation.

21.

Base station. As defined in subsection K.(1.49.1), except for new base stations that are not eligible for Section 6409, need not be existing at the time of the application.

22.

Collocation. As defined in subsection K.(1.49.1), below, except for new towers and base station that are not eligible for Section 6409, need not be existing at the time of application.

23.

Eligible facilities request. As defined in subsection K.(1.49.1), below.

24.

Eligible support structure. As defined in subsection K.(1.49.1), below.

25.

Existing. As defined in subsection K.(1.49.1), below.

26.

Personal wireless service. As defined in 47 U.S.C. § 332(c)(7). ^[7]

27.

Personal wireless service facilities. As defined in 47 U.S.C. § 332(c)(7). ^[8]

28.

Site. As defined in subsection K.(1.49.1), below.

29.

Substantial change. As defined in subsection K.(1.49.1), below.

30.

Tower. As defined in subsection K.(1.49.1), below, except for new towers that are not eligible for Section 6409, they need not be existing at the time of the application.

31.

Transmission equipment. As defined in subsection K.(1.49.1), below.

C.

Application of section.

1.

Preexisting towers and antennas. Towers and antennas for which a permit has been issued prior to the effective date of this section shall not be required to meet the requirements as specified below.

2.

Relationship to other ordinances. This section shall supercede all conflicting requirements of other codes and ordinances regarding the locating and permitting of towers and antennas.

3.

[Location map.] The planning department shall create a map indicating preexisting towers and antennas and shall maintain map of new structures as they enter the city.

4.

District height limitations. Except as set forth in this section, the requirements of this ordinance shall govern the location of telecommunications towers that exceed, and antennas that are installed at a height in excess of 50 feet.

5.

Amateur radio facilities. This section shall not govern any tower or antenna that is 75 feet or less in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antenna.

6.

Fencing and landscaping. If an additional tower or antenna is co-located upon a preexisting tower or site after the adoption of this section, then fencing and landscaping requirements shall be met as part of the permitting process. Alternative landscaping requirements will be considered only after all design alternatives have been exhausted, evaluated and reasonably rejected by development services director or designee.

7.

Notwithstanding the above conditions, to the extent an applicant is fully qualified as an eligible facilities request under Section 6409, in the event of a conflict between the above conditions in this subsection and those criteria and conditions in subsection K., below, and the 2014 Infrastructure Order, then subsection K., below, and the 2014 Infrastructure Order control, subject to the city reservation of rights, as set forth in the preface to subsection K.

D.

General provisions; co-location.

1.

Inventory of existing sites. To facilitate the co-location of towers and/or antennas, each applicant seeking to locate a new tower or antenna, relocate an existing tower or antenna, modify any such existing structures, shall provide to the department of planning and community development an inventory of its existing towers or alternative tower structures. The inventory shall include all such structures that are within the corporate limit of the City of Pharr and its extra-territorial jurisdiction. Inventory shall include specific information about the location. Information may include, but is not limited to:

a.

Latitude and longitude coordinates.

b.

Degrees.

c.

Minutes and seconds.

d.

Height.

e.

Design.

f.

Tower type.

g.

General suitability for co-location.

h.

Any other information that may be requested by the department.

2.

Design requirements. In addition to all applicable building and safety codes, all towers, except amateur radio towers, shall be designed to accommodate the co-location of cellular telecommunication antennas according to the following:

a.

Towers up to 100 feet in height, the structure and fenced compound shall be designed to accommodate at least two providers.

b.

Towers greater than 100 feet in height, the structure and fenced compound shall be designed to accommodate at least three providers.

c.

Towers greater than 125 feet in height, the structure and fenced compound shall be designed to accommodate at least four providers.

d.

Towers of more than 50 feet in height shall be designed and engineered to withstand a 110 mph maximum gust wind. Such wind load capacity may be changed at the discretion of the building official.

3.

Availability of suitable existing structures. No new structures, except amateur radio towers, shall be permitted unless the applicant demonstrates that no existing tower or tower structure can accommodate the applicants proposal. Evidence submitted to demonstrate that no existing tower or tower structure can accommodate the proposed antenna shall consist of one or more of the following:

a.

No suitable tower or tower structures are located within the geographic antenna placement area required to meet the applicant's networking requirements.

b.

The applicant's proposed antenna(s) would cause electromagnetic interference with the antenna(s) on the existing towers or structures, or the antenna on the existing tower or structure would cause interference with the applicant's proposed antenna.

c.

The cost or contractual provisions required by the tower or structure owner to share or adapt an existing tower or structure are unreasonable.

d.

The applicant adequately demonstrates that there are other limiting factors that render existing towers or structures unsuitable.

E.

Aesthetics, landscaping and materials.

1.

All towers and antennas shall maintain a galvanized finish or concrete finish. They may also be subject to any applicable standards of the FAA, and be painted in the neutral color so as to reduce visual obtrusiveness.

2.

All tower sites shall be surrounded by a chain-link fence with some privacy covering six feet in height from finish grade. Access to the site shall be through a locked gate. Barbed wire may be allowed along the top of the fence if it is necessary to prevent unauthorized access to the site.

3.

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

4.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority.

5.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. Where natural vegetation around the perimeter of the side would provide an adequate visual screen, an undisturbed buffer may be utilized.

F.

Permitted use. Constructing a new tower or antenna or the relocation of an existing tower or antenna may be allowed in any zoning district provided that all structures meet the setbacks, screening and buffer requirements contained herein:

1.

Residential Districts (R1), (R1A), (RTH), (R2), (R3), (R4), (RMH), (RHCMH).

a.

Only towers of monopole construction will be allowed in any residential district.

b.

Monopole towers shall have a front setback of 25 feet or one-third the street right-of-way width on which the property fronts, whichever is greater.

c.

Monopole towers shall have a rear setback of 15 feet.

d.

Monopole towers shall have a side setback of ten feet or 15 feet abutting a street.

e.

Towers and antennas shall be a minimum of 200 feet from any residential structure. Distances shall be measured along a single-straight line between the center of the tower base and the nearest point on any property line.

f.

Towers 100 feet or over in height shall not be located closer than 1,000 feet from any existing tower that is 100 feet or over in height. Distances shall be measured along a single straight-line between the center of the two tower bases.

g.

The tower shall be erected and operated in compliance with current Federal Communications Commission and other applicable federal, state and county standards.

2.

Commercial, Agricultural and Industrial Districts (OP), (NC), (C2), (C), (HC), (LI), and (AO).

a.

Towers and antennas aforementioned in this ordinance shall be allowed in any commercial, agricultural or industrial district.

b.

Towers and tower structures shall not exceed:

(1)

100 feet, if the tower is at least 200 feet from any residential district.

(2)

125 feet, if the tower is at least 250 feet from any residential district.

(3)

150 feet or more if the tower is (double the height of tower) from any residential district.

c.

The antenna shall not exceed the tower height by more than 20 feet.

d.

All guys and guy anchors are set back a minimum of 25 feet from any property line.

e.

All towers shall have a front setback of 25 feet or one-third the street right-of-way width on which the street right-of-way width on which the property fronts, whichever is greater.

f.

All towers shall have a rear setback of 15 feet.

g.

All towers shall have a side setback of ten feet or 15 feet abutting the street.

h.

Towers 100 feet or over in height shall not be located closer than 1,000 feet from any existing tower that is 100 feet or over in height. Distance shall be measured along a single straight line between the center of two tower bases.

i.

If the tower erected is to be used by a public agency for police, fire, EMS, 911, or other similar public emergency communications for the city, then the requirements of subection F.(1)a. shall be waived.

j.

The tower is erected and operated in compliance with current Federal Communications Commission or other applicable federal, state, and county standards.

G.

Approval procedures. See Article III, sections 1.40 through 1.47.

H.

Removal of abandoned tower and antenna. Any tower or antenna that is not operated for a continuous period of 12 months shall be considered abandoned, and the owners of such antenna or tower shall remove the structure within 90 days of receipt of notice from the city notifying the owner of such abandonment. If said tower or antenna is not removed within the 90 days grace period, the head building official may, in the manner provided in the Code of Ordinance of the City of Pharr, remove such tower or antenna at the owner's expense.

I.

Nonconforming towers and antennas. Towers and antennas in existence prior to the date of adoption of this section [January 7, 2003] which do not comply with the requirements aforementioned are subject to the following provisions:

1.

Nonconforming towers and antennas may continue in use for the purpose currently used, but may not be expanded without complying with the provisions of this section.

2.

Nonconforming towers and antennas which are damaged less than 50 percent, due to any reason or cause, may be repaired and restored to their former use, location and physical dimensions.

J.

Penalty. Anyone who violates this section shall upon conviction thereof be fined not to exceed $200.00 each day that the violation continues to exist in a separate offense.

K.

Eligible facilities request.

(1.49.1)

Definitions.

These definitions and related Section 6409 procedures only apply to the city to the extent the FCC's Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, Report and Order, 29 FCC Rcd 12865 (2014), ("2014 Infrastructure Order") preempts existing city procedures and to the extent the 2014 Infrastructure Order is effective as federal law.

The city expressly reserves its rights to revise or repeal any or all of these definitions and related Section 6409 procedures to the extent the 2014 Infrastructure Order is interpreted, modified, revised or enjoined on any appeal or reconsideration in a manner inconsistent with the definitions in or procedure in this section.

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

Approval authority shall mean the public official, or designee, authorized to administratively issue project permit approvals.

Applicant shall mean and refer to the person and such person's successor in interest owning and/or operating the transmission equipment proposed in an eligible facilities modification application to be collocated, removed or replaced.

Authorized person shall mean the person, employees, agents, consultants, and contractors, authorized in writing by applicant to complete and submit an eligible facilities modification application on behalf of applicant and who is authorized to receive any notices on behalf of applicant of any action taken by the city regarding the application.

Base station shall mean and refer to the structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base station includes, without limitation:

a.

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

b.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (DAS) and small-cell networks).

c.

Any structure other than a tower that, at the time the relevant application is filed with the city, supports or houses equipment described in paragraphs a.—c., that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

d.

The term does not include any structure that, at the time the relevant application is filed with the city, does not support or house equipment described in paragraphs a.—b. of this section.

City shall mean and refer to the City of Pharr.

City Code shall mean and refer to the City Code of Ordinances.

Collocation shall mean and refer to the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Deemed approved shall mean and refer to an eligible facilities modification application that has been deemed approved upon the city's failure to act, and has become effective, as provided pursuant the FCC Eligible Facilities Request Rules.

Eligible facilities request application or application shall mean and refer to, unless the context clearly requires otherwise, a written document submitted to the city pursuant to this chapter for review and approval of a proposed facilities modification.

Eligible facilities request shall mean any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

a.

Collocation of new transmission equipment;

b.

Removal of transmission equipment; or

c.

Replacement of transmission equipment.

Eligible support structure shall mean and refer to any existing tower or base station, as defined in this chapter subsection, provided that it is in existence at the time the eligible facilities request application is filed with the city under this section.

Existing shall mean and refer to, for purposes of this chapter and as applied to a tower or base station, a constructed tower or base station that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and reviewed because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

Section 6409(a) means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Public Law 112-96; 126 Stat 156, codified as 47 U.S.C. § 1455(a).

Site for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

Substantial change a modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

a.

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater; ^[9]

b.

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

c.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;

d.

It entails any excavation or deployment outside the current site;

e.

It would defeat the concealment elements of the eligible support structure; or

f.

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsections a.—f., above. ^[10]

Support structure(s) shall mean a structure designed to support telecommunications facilities including but not limited to, monopoles, towers, and other freestanding self-supporting structures.

Telecommunication facility shall mean any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information including but not limited to, cellular telephone service, personal communications service (PCS), and paging service. A telecommunication facility can consist of one or more antennas and accessory equipment or one base station.

Tower shall mean any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Transmission equipment shall mean equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(1.49.2)

Purpose and intent.

The purpose and intent of this amendment is to implement Section 6409 of the "Middle Class Tax Relief and Job Creation Act of 2012" (the "Spectrum Act") as interpreted by the Federal Communications Commission's ("FCC" or "Commission") Acceleration of Broadband Deployment Report and Order, which requires state or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station.

(1.49.3)

Applicability.

This chapter applies to all collocations or modifications to an existing wireless tower or base station submitted with a written request for approval pursuant to Section 6409(a).

(1.49.4)

Eligible facilities request (Section 6409) application review.

(1)

Application. The city shall prepare and make publicly available an application form which shall be limited to the information necessary for the city to consider whether an application is a qualified eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.

(2)

Type of review. Upon receipt of self-described application for an eligible facilities request, the department of development services shall review such application to determine whether the application qualifies as a Section 6409 eligible facility request. If the request is deemed as an eligible facility request, collocations and minor modifications shall be permitted after administrative review and administrative approval, in accordance with the standards set forth in this ordinance.

(3)

Timeframe for review. Within 60 days of the date on which an applicant submits an application seeking approval, the city shall approve the application unless it determines that the application is not a qualified Section 6409 eligible facilities request.

(4)

Tolling of the timeframe for review. The 60-day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the city and the applicant, or in cases where the city determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.

a.

To toll the timeframe for incompleteness, the city must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.

b.

The timeframe for review begins running again when the applicant makes a supplemental submission in response to the city's notice of incompleteness.

c.

Following a supplemental submission, the city will notify the applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating issuing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in subsection (4)b. of this section. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

(5)

Failure to act. In the event the city fails to approve or deny a request seeking approval of an eligible facilities request within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the city in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. ^[11]

(6)

Remedies. Applicants and the city may bring claims related to Section 6409(a) to any court of competent jurisdiction.

(7)

Interaction with Section 332(c)(7).^[12]

(1.49.5)

Application for a personal wireless service facility.

The applicant for a personal wireless service facilities site shall complete the application, and any addendum to the application, provided by the city development services department. The application must be completed for all personal wireless facilities sites, both for those sites which require a conditional use permit and for those sites meeting the then current zoning criteria.

The application may be revised from time to time, as reasonably determined by the city development services department to be consistent with state and federal law. ^[13]

(1.49.6)

Telephone, radio, cellular, television and/or other telecommunication towers and antennas permitted by conditional use permit.

Any telecommunications facility or support structures not meeting the requirements of subsection 1.49 K. shall be required to meet the conditions as set forth in section 1.49.

(Ord. No. O-2003-04, §§ 1—10, 13, 1-7-03; Ord. No. 2017-18, §§ 1—3, 5-15-17)