10C-100. Purpose.

Radio, television and wireless communications facilities used in transmitting, and receiving signal energy are essential and promote the health, safety, and general welfare of the citizens of the city. The purpose of this section is to govern the placement of these facilities to:

1.

Assure that their location and use do not compromise the aesthetic quality of the community;

2.

Encourage operators of antenna facilities and antennas to locate them in areas where the adverse impact on the community is minimal;

3.

Encourage co-location [collocation] on both new and existing antenna facilities;

4.

Encourage operators of antenna facilities and antennas to configure them in a way that minimizes the adverse visual impact through careful design, landscape screening, and innovative stealth techniques;

5.

Enhance the ability of antenna facilities and antennas to provide services to the community effectively and efficiently; and

6.

Promote the aesthetic quality of the city as a significant aspect of the health, safety, and general welfare of the community.

(Ord. No. 01-1328, § 1, 11-19-2001)

10C-200. Definitions.

In this section the following definitions apply:

1.

Amateur radio antenna: A radio communication antenna used by a person holding an amateur station license from the federal communications commission.

2.

Antenna: A device used in communications, which transmits or receives radio signals.

3.

Antenna, building attached: Antenna attached to an existing structure in two (2) general forms: (1) roof-mounted, in which antennas are placed on the roofs of buildings, or (2) building-mounted, in which antennas are placed on the sides of buildings. These antennas may also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, etc.

4.

Antenna facility: Any structure, monopole, tower, or lattice tower used to support antennas.

5.

Co-location [Collocation]: The act of locating wireless communications equipment for more than one user on a single antenna facility.

6.

Equipment storage building: An unmanned, single story equipment building, used to house radio transmitters and related equipment.

7.

Monopole: A self-supporting antenna facility composed of a single spire used to support communications equipment or other visible items.

8.

Satellite receive-only antenna: An antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna, or satellite earth station antenna.

9.

Stealth facility: An antenna facility that is virtually transparent or invisible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, clock towers, bell towers, steeples, man-made trees, and light poles and camouflaged wireless facilities that are constructed to blend into the surrounding environment.

10.

TV antenna: An antenna that enables the receipt of television signals transmitted from broadcast stations.

(Ord. No. 01-1328, § 1, 11-19-2001)

10C-300. General regulations.

The following regulations apply to all antenna facilities and antennas located within any district:

1.

Equipment and storage building: An equipment storage building associated with an antenna facility or an antenna shall be screened and landscaped as described in other sections of this section, or be incorporated into the stealth treatment so that it is consistent with and complementary to the existing structures and uses on the premises.

2.

Driveway surfaces: All driveways accessing any antenna facility site or equipment storage site shall have concrete pavement constructed in accordance with city paving standards.

3.

Lights: No outdoor lighting shall be allowed on antennas located on residentially zoned property except lights or lighting that is by required by the federal aviation administration or the federal communications commission.

4.

Limitations: Antenna facilities are limited to stealth facilities and monopoles except where other facilities are allowed by this section.

5.

Antenna facility capacity: An antenna facility shall not have more than the number and size of antennas attached to it than are allowed by the antenna facility manufacturer's designs and specifications for maximum wind load requirements.

6.

Monopoles: No guy wires are permitted with the use of monopoles.

7.

Co-location [Collocation]: All monopole antenna facilities shall be designed and constructed so as to provide for the co-location [collocation] of additional antenna facilities. A specific use permit (SUP) is not required to co-locate [collocation] any additional antennas on an existing structure or facility. However, an installation permit referenced in subsection 10C-900 shall be required.

8.

Construction standards: A building permit must be obtained prior to the construction or installation of a radio, television and wireless communications antenna. An antenna facility must be installed according to the manufacturer's recommendations and under the seal of a registered professional engineer of the state.

9.

Use and repair: Antenna facilities and antennas not in use shall be removed within thirty (30) days following notice given by the building official. Antenna facilities or antennas in need of repair as determined by the building official, shall be removed or brought into compliance within thirty (30) days following notice given by the building official. This notice requirement shall not preclude immediate action by building official if public safety requires it.

10.

Contained on property: No part of an antenna facility, antennas, or other attachment may extend beyond the property lines of the lot on which the antenna or antenna facility is located.

(Ord. No. 01-1328, § 1, 11-19-2001)

10C-400. Amateur radio and TV antennas.

Amateur radio and TV antennas are permitted as accessory uses in the A, SF, SF-1, SF-2, SF-4, D, TH, MF-1, MF-2, MF-3, MF-4, and PD zoning districts.

Amateur radio and TV antennas must comply with the following regulations:

1.

Antenna facility type: The antenna facility may be either building attached, monopole or a stealth facility.

2.

Number of facilities per lot: Only one antenna facility exceeding thirty-five (35) feet in height is permitted on each lot.

3.

Height limitations: An antenna facility, exclusive of the height of any antenna or mast, shall not exceed thirty-five (35) feet in height; except that an antenna facility shall be permitted additional height at the ratio of one (1) added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in the zoning district regulations to a maximum height of sixty (60) feet in a residential district. A variance is required for additional height.

4.

Height limit for building mounted antenna: An antenna shall not extend more than eight (8) feet above a building on which it is mounted.

5.

Setbacks: The following minimum setbacks apply:

a.

Antennas and antenna facilities shall not be permitted in front or side yards.

b.

Guy wires are not permitted in front yards.

c.

Guy wires are permitted in required side and rear yards.

d.

Setback for antenna facilities shall be the same as is required for accessory buildings in residential districts.

6.

Separation: There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record;

7.

Lights: No outdoor lighting above twelve (12) feet shall be allowed on antenna facilities located on residentially zoned property, and no lights so located shall be directed off one's property, except lights or lighting that is required by the federal aviation administration or the federal communications commission.

(Ord. No. 01-1328, § 1, 11-19-2001)

10C-500. Satellite receive-only antennas generally.

A satellite receive-only antenna is permitted as an accessory use under the following conditions:

1.

The satellite receive-only antenna is not greater than one (1) meter in diameter: all zoning districts; and

2.

The satellite receive-only antenna is one (1) meter or greater in diameter, but not greater than two (2) meters in diameter all nonresidential zoning districts.

(Ord. No. 01-1328, § 1, 11-19-2001)

10C-600. [Exceptions to section 10C-500.]

Satellite receive-only antennas greater than one (1) meter in diameter in residential districts and greater than two (2) meters in diameter in nonresidential districts are permitted as accessory uses if they comply with the following regulations:

1.

Number of antennas per lot: Only one (1) satellite receive-only antenna per lot of record.

2.

Height: Not exceeding ten (10) feet in height.

3.

Setbacks:

a.

Front and side yards: Not permitted.

b.

Rear yard: Minimum setback as required for accessory buildings in residential districts and as for all buildings in nonresidential districts.

4.

Separation: No minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record.

(Ord. No. 01-1328, § 1, 11-19-2001)

10C-700. Antenna facilities (other than amateur radio, TV, and satellite receive-only-antennas).

1.

Co-location [Collocation] on existing or proposed structures:

i.

Where it is feasible based on radio frequency coverage, the City encourages providers of communication services to co-locate [collocate] antenna facilities on an existing or proposed facility such as a water tower. Antennas located on the water towers tend to have minimum visual impact and at the same time provide services over a larger area. Co-location [Collocation] will minimize the total number of sites and facilities required to serve the city over the long term.

ii.

In the case of an existing water tower a lease contract must be approved by the city council.

iii.

Landscaping as described under the City Code of Ordinances section 17A-300C.2., as amended, shall be required around base structures associated with antenna facilities. Landscaping must be irrigated and maintained in a living, growing condition. Wooden fences are prohibited and wrought iron or chain link may only be used in conjunction with a landscape screen.

2.

Monopoles in designated locations:

i.

It is the policy of the city to encourage the location of monopole antenna facilities, not to exceed one hundred twenty (120) feet in height, in certain designated locations so as to minimize the visual impact to established single family neighborhoods.

ii.

The following sites have been designated for monopole antenna facilities based on their location and level of visual impact to the city and adjacent properties:

(a)

Sites located south of Office Creek, west of the Walmart store in the vicinity of the utility transmission towers;

(b)

Sites located west of and abutting the Railroad north of SH 121 currently zoned planned development for light industrial uses;

(c)

The wastewater treatment plant site situated east of Main Street in the vicinity of East Lake Highlands Drive;

(d)

Sites located along the TU easement within the Austin Ranch Development South of SH 121; and

(e)

Sites located East of Main Street and North of Overlake Drive.

iii.

A specific use permit shall be required for all monopole antenna facilities to be located in the designated sites.

iv.

Landscaping, as described under the City Code of Ordinances section 17A-300C.2., as amended, shall be required around base structures associated with monopole antenna facilities. Landscaping must be irrigated and maintained in a living, growing condition. Wooden fences are prohibited and wrought iron or chain link may only be used in conjunction with a landscape screen.

v.

Minimum setback from a public Right-of-Way is one (1) foot of setback for every two (2) feet of antenna height.

vi.

Minimum setback from a residential use or district is three (3) feet of setback for every one (1) foot of antenna height.

vii.

Monopoles in designated locations shall be spaced a minimum of three hundred (300) feet apart measured in a straight line from point to point.

3.

Stealth antenna facilities:

i.

Stealth antenna facilities which are free standing and less than sixty (60) feet in height may be located by right in the multi-family "MF-3 and "MF-4", office "O-1" and "O-2", neighborhood service "NS", shopping center "SC", general retail "GR", light commercial "LC", heavy commercial "HC", industrial "I" and business park "BP" zoning districts.

ii.

Stealth antenna facilities over sixty (60) feet in height but not exceeding seventy-five (75) feet in height, may be located in the same zoning districts with a specific use permit.

iii.

Structures over sixty (60) feet in height shall be spaced five hundred (500) feet apart measured in a straight line.

iv.

Minimum setback from a single family use or district shall be three (3) feet of setback to one (1) foot of antenna height.

v.

Roof top mounted antennas will not project more than eight (8) feet from the structure of the roof.

vi.

Landscaping as described under the City Code of Ordinances section 17A-300C.2., as amended, shall be required around base structures associated with stealth antenna facilities. Landscaping must be irrigated and maintained in a living, growing condition. Wooden fences are prohibited and wrought iron or chain link may only be used in conjunction with a landscape screen.

4.

Temporary antennas shall be allowed in the following instances:

i.

In conjunction with a festival, carnival, or other activity requiring a special event permit from the city;

ii.

In case of emergency as required by the city's police or fire departments; or

iii.

When needed to restore service on a temporary basis after failure of an antenna installation permitted in accordance with this section. A temporary antenna under this subsection may not be used in any one (1) location for more than thirty (30) consecutive days.

(Ord. No. 01-1328, § 1, 11-19-2001)

10C-800 Application.

To properly evaluate an application to locate an antenna facility, the following information must be provided by the applicant:

1.

Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure. Indicate the proposed height.

2.

Provide photos or drawings of all equipment, structures, and antennas.

3.

Describe why the antenna or tower is necessary at the particular location.

4.

State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user.

5.

Indicate if this antenna or tower site is to be connected to other sites; and if so, describe how it will be connected and who will be the back haul provider.

6.

The applicant must address whether it has made an effort to co-locate the facilities proposed for this antenna facility on existing antenna facilities in the same general area. Identify the location of these existing sites, and describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites owners and/or operators which confirm the statements provided. Indicate whether the existing sites allow/promote co-location [collocation] and, if not, describe the reason(s).

7.

If the requested location is in a residential district the applicant must address whether it has made an effort to locate the facility in a nonresidential district. Identify the location of these nonresidential district sites, describe in detail these efforts, and explain in detail why these nonresidential sites were not feasible. Attach all studies or tests performed which demonstrate why the nonresidential sites will not provide sufficient signal coverage. Provide written documentation from nonresidential district sites owners or operators which confirm the statements provided.

8.

Indicate the proposed provider's current coverage area for the city. Attach maps showing the areas the proposed provider's existing antenna currently covers, and the areas the applicant's existing sites and the requested site would cover.

9.

Describe the applicant's master antenna facilities plan for the city. Attach maps and other related documentation. Provide information indicating each phase of the plan.

10.

Describe the applicant's plan to minimize the number of antenna facilities needed to cover the city.

(Ord. No. 01-1328, § 1, 11-19-2001)

10C-900. Permit required.

i.

All antenna facilities described in this subsection shall require an installation permit to be issued by the city's director of planning and development.

ii.

An application for a permit shall include detail drawings, descriptions and specifications of all components including construction materials to be used.

iii.

In the case of installation on a water tower, the following submittal is required:

(a)

Provide for cathodic protection.

(b)

No mounting on handrails.

(c)

Detaildesign of various components to be attached to the tower with structural calculations prepared by a state registered professional engineer.

(d)

Require annual inspection by a state registered professional engineer confirming that the original design and connection are upheld and there is no deterioration of the installation or the tower.

iii.

Applicants shall be required to submit an engineering study describing proposed equipment, specifications and operational radio frequencies and a statement that the proposed equipment is compliant with federal communication commission rules and regulations and that there will be no interference with any public safety or government communication service.

iv.

The director of planning and development may request any additional and relevant information before issuing a permit.

(Ord. No. 01-1328, § 1, 11-19-2001)

10C-1000. Appeals.

An applicant may appeal a decision of the director of planning and development for any antenna installation not requiring a specific use permit to the planning and zoning commission by filing a notice of appeal within ten (10) days following the date the director notifies the applicant of his action. The planning and zoning commission may approve, conditionally approve, or deny an appeal. Decisions of the planning and zoning commission may be appealed to the city council for a final decision. A simple majority vote of the city council will be required to override the decision of the planning and zoning commission.

Any entity that desires to locate or erect an antenna facility that would be limited by the provisions of this section may petition the planning and zoning commission to modify the ordinance. In determining the need to initiate an amendment to the ordinance, the commission shall consider the extent to which strict application of these regulations would prohibit or have the effect of prohibiting communications services.

(Ord. No. 01-1328, § 1, 11-19-2001)

10C-1001. Variance.

The planning and zoning commission may consider a request for a variance from the requirements in this subsection and forward a recommendation to the city council for its review. The decision of the city council on a request for a variance shall be final. In considering a variance request the planning and zoning commission and the city council shall consider whether or not the evidence presented in each specific case is sufficient to show that:

(a)

The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;

(b)

The conditions upon which the request for a variance is based that are unique to the property for which the variance is sought and are not applicable generally to other property;

(c)

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if strict compliance with the engineering design manual and standard construction details is required;

(d)

The special or peculiar conditions upon which the request is based did not result from or were not created by the act or omission of the owner or any prior owner, subsequent to the date of creation of the requirement from which the variance is sought; and

(e)

Fees: Applicants requesting a variance shall file an application with the planning department. Fees charged shall be in accordance with a schedule of fees as adopted by the city council and amended from time to time.

(Ord. No. 01-1328, § 1, 11-19-2001)