River Oaks City Zoning Code
SECTION 24
TELE-COMMUNICATIONS ANTENNA AND TOWER SITING.
A.
PURPOSE.
The purpose of this section is to:
1.
Establish regulations for the siting of towers and antennas;
2.
Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;
3.
Encourage the joint use of new and existing towers sites;
4.
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
5.
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and
6.
Enhance the ability of the providers of telecommunications services to provide services to the community quickly, effectively, and efficiently.
B. Alternative Tower Structure. Antenna. FAA. FCC. Height. Tower.
DEFINITIONS.
As used in this section, certain terms and words are defined as follows:
Manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Any exterior apparatus designed for telephonic, radio, or television communications through the sending or receiving or electromagnetic waves.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna.
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, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and similar structures.
C.
APPLICABILITY.
1.
The requirements of this section govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for the zoning district in which the tower or antenna is to be located.
2.
Exemptions. Except for the requirements of subsections I.7 and 8, this Section does not apply to:
a.
Antennas or towers located on property owned, leased, or otherwise controlled by the city; provided, a license or lease authorizing the antenna or tower has been approved by the city council;
b.
A tower, or the installation of any antenna, that is under 60 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas; or
c.
A tower or antenna for which a permit has been properly issued prior to the effective date of this section, which is referred to in this section as a "pre-existing tower" or "pre-existing antenna."
D.
PRINCIPAL OR ACCESSORY USE.
Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on the lot. For purposes of determining whether the installation of a tower or antenna complies with district regulations, including but not limited to set-back requirements, lot-coverage requirements, and other similar requirements, the dimensions of the entire lot control, even though the antenna or tower may be located on a leased parcel within the lot. Towers that are constructed and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
E.
ANTENNAS REQUIRING ADMINISTRATIVE APPROVAL.
The mayor may approve following antennas after an administrative review:
1.
Installation of an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) that is less than 50 feet in height, so long as the addition does not add more than 20 feet to the height of the existing structure.
2.
Installation of an antenna on an existing tower of any height, including a pre-existing tower and further including the placement of additional buildings or other supporting equipment used in connection with the antenna, so long as the addition of the antenna adds no more than 20 feet to the height of the existing tower.
F.
ADMINISTRATIVE REVIEW.
1.
The mayor may administratively approve the installation of an antenna in accordance with this Section.
2.
Each applicant for administrative approval shall apply to the mayor, providing the information set forth in subsection H.
3.
The mayor shall respond to each application within 30 days after receiving it by either approving or denying the application. If the mayor fails to respond to the applicant within 30 days, then the application shall be deemed approved.
4.
If an administrative approval is denied, the applicant may appeal the denial to the city council using the procedures for the city council's consideration of a specific use permit under this section.
G.
TOWERS AND ANTENNAS REQUIRING A SPECIAL USE PERMIT.
H.
INFORMATION REQUIRED IN AN APPLICATION.
1.
Each applicant requesting administrative approval under this section or a specific use permit under Section 23A shall submit:
a.
A scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, and adjacent users;
b.
An inventory of the applicant's existing towers that are either within the city or within one-quarter mile of the boundary of the city, including specific information about the location, height, and design of each tower (The city may share this information with other applicants for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the city; provided, however, that the city is not, by sharing such information, in any way representing or warranting that the sites are available or suitable); and
c.
Other information determined by the city council to be necessary to assess compliance with this section.
2.
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer.
I.
REQUIREMENTS FOR THE INSTALLATION OF TOWERS AND ANTENNAS.
1.
Availability of Suitable Existing Towers or Other Structure.
No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city council that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:
a.
No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements;
b.
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;
c.
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;
d.
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause electromagnetic interference with the applicant's proposed antenna;
e.
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable; or
f.
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
2.
Setbacks and Separation.
The following setbacks and separation requirements shall apply to all towers:
a.
Towers must be set back a distance equal to the height of the tower from any off-site residential structure;
b.
Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements; and
c.
Towers over 90 feet in height shall not be located within one-quarter of a mile from any existing tower that is over 90 feet in height. Distances shall be measured in a straight line between the nearest points on the bases of the towers.
The city council may reduce the setbacks and separation requirements if the purposes of this section would be better served thereby. |
4.
Security Fencing.
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.
5.
Landscaping.
The following requirements shall govern the landscaping surrounding towers.
a.
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound;
b.
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived; and
c.
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
6.
Visual Characteristics.
a.
Towers shall be maintained with either a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.
b.
At a tower site, the design of the buildings and related structures shall, to the extent possible, be maintained with materials, color, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.
c.
If an antenna is installed on a 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 unobtrusive as possible.
d.
Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
7.
Federal Requirements.
All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If applicable federal standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring the towers and antennas into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
8.
Building Codes; Safety Standards.
To ensure the structural integrity of towers, the owner of a tower shall construct and maintain the tower in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time-to-time. If upon inspection, the city concludes that a tower fails to comply with these codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with the standards. If the owner fails to bring the tower into compliance within 30 days, the city may remove the tower at the owner's expense.
9.
Removal of Abandoned Antennas and Towers.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of the antenna or tower shall remove it within 90 days of receipt of notice from the city notifying the owner of the abandonment. If the antenna or tower is not removed within the 90 days, the city may remove the antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
10.
Administrative Approval.
No new permit for the installation of a Tower shall be permitted unless the Application is approved by a majority vote of the City Council following a Public hearing and notice as follows:
a.
All property owners within 200-feet of the property requesting to install a tower must be notified in writing at least 10-days prior to the date of the scheduled public hearing of the applicant's request and of the date, time, and location of the public Hearing scheduled for the request.
b.
Legal publication in the official city newspaper is required at least 10-days prior to the date of the Public Hearing providing notice of the applicant's request and of the date, time, and location of the public Hearing scheduled for the request.
(Ordinance 1394-2023 adopted 11/28/2023)