In this article the following words and terms shall have the meanings ascribed:

(1)

Alteration means any modification, replacement, or reconstruction that increases the height or materially increases the dimension of a Commercial Communication Tower.

(2)

Height of Tower means the vertical distance between the finished grade at the base of the tower or the lowest point of contact with the building, and the highest point of the tower structure.

(3)

Monopole means a single, slender and typically cylindrical, vertical structure to which antennae are affixed.

(4)

Public Utility means any person, company, corporation, cooperative, cooperative corporation, partnership, or any combination thereof, that is subject to both a municipal franchise agreement and the comprehensive regulatory system established by and defined in the Texas Public Utility Regulatory Act, that owns or operates for compensation equipment or facilities for:

a.

Producing, generating, transmitting, distributing, selling, or furnishing electricity; or

b.

The conveyance, transmission, or reception of communications over a telephone system as a dominant carrier.

The term "Public Utility" shall not include, as is defined in the Public Utility Regulatory Act, telegraph services, television services, television stations, radio stations, community antenna television services, general radio-telephone services, or radio-telephone services authorized under the Public Mobile Radio Services rules of the Federal Communications Commission or private water companies.

(5)

Tower means a Commercial Communication Tower, fixed and freestanding monopole structure, which may include an uninhabitable structure, not designed as a shelter or to be occupied for any use. This definition includes, but is not limited to, a structure supporting antennae that transmit or receive any portion of the electromagnetic spectrum of radio waves.

(Ord. No. 592, § A, 11-7-07)

(1)

An application for a conditional use permit shall be submitted to the Development Services Department and processed in accordance with Conditional Use Permit process as outlined in the most current zoning ordinance. The Planning and Zoning Commission shall provide a recommendation to the City Council in which approval shall be rendered prior to the construction or alteration of any tower as defined in this article, within the boundaries of the City of Universal City.

(2)

Applications for the conditional use permit, if required, shall be accompanied by the following:

(a)

Service area maps or network maps;

(b)

Master plan for all related facilities to include the city and all adjoining land within one-quarter (¼) mile of the city limits;

(c)

List of other telecommunications facilities within a one-mile radius of proposal site;

(d)

Construction drawings;

(e)

The manufacturer's recommended installations, if any;

(f)

A scaled site plan indicating the location of all proposed construction, easements, existing and proposed utilities, and property lines;

(g)

Certification by a structural and civil engineer registered by the State of Texas that the proposed installation complies with all relevant federal, state and local statutes and codes;

(h)

A statement that the proposed communication use will not interfere with any existing electromagnetic communication activities or the extent of any potential interference;

(i)

Statement of approval by the Federal Aviation Administration;

(j)

A statement from Randolph Air Force Base that the proposed communication use will not interfere with flight operations.

(3)

Subsequent to approval by the Planning and Zoning Commission, an application for a building permit shall be submitted to building inspections prior to the construction or alteration of any tower.

(4)

A conditional use permit or a building permit shall not be required for any repair with no resulting increase in height, dimension, design or communication activity previously approved by the Planning and Zoning Commission.

(Ord. No. 592, § B, 11-7-07)

This article does not apply to the following towers:

(1)

Towers less than sixty-five (65) feet in height used primarily for amateur and citizens' band radio antennae;

(2)

Towers on property owned, leased or held by the City of Universal City.

(Ord. No. 592, § C, 11-7-07)

(1)

Zoning Districts. Towers shall be a permitted use with a conditional use permit in the following zoning districts:

(a)

General Commercial-C4.

(b)

Highway Commercial-C5.

(c)

Public Property. Towers shall be permitted without a conditional use permit on property owned, leased or used by the City of Universal City.

(2)

Setback requirements. Commercial Communication Towers shall be set back a minimum of fifty (50) feet from any property line.

(3)

Location of accessory structures. All accessory structures shall comply with the requirements of R1-Large Lot Residential zoning district.

(4)

Fencing/Landscaping. A chainlink fence not less than eight (8) feet in height from finished grade shall be constructed around each tower and accessory structure. Access to the tower shall be through a locked gate. If abutting residential lots, a solid fence seven (7) feet in height shall be installed on the dividing property lines.

All tower property must be screened from all adjacent rights-of-way and the perimeter properties. Privacy fencing shall be approved by the Development Services Department.

(5)

Tower appearance. The Planning and Zoning Commission shall have authority to regulate the color of proposed towers in order to minimize obtrusive visual impacts. No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a telecommunications tower, antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law.

All towers shall install and perpetually maintain aviation obstruction lighting.

(6)

Aircraft hazard. Commercial Communication Towers shall not encroach into or through any established public or private airport approach as established by the Federal Aviation Administration.

Authorization by Randolph Air Force Base, Texas, for the proposed location of any commercial tower shall be submitted with application for a conditional use permit.

(7)

Signage. Any high voltage or other risk to public safety must be clearly identified by way of signage approved by the Development Services Department.

(Ord. No. 592, § D, 11-7-07)

In order to promote shared use, applicants for a conditional use permit for Commercial Communication Towers shall advertise for a two-week period a request for information to obtain from potential lessors an interest for collocation. The content of the request for information and the publication used shall be approved by the Development Services Department. In addition, the applicant shall demonstrate that existing communication towers or other available support structures within the service area cannot accommodate the proposed communication facility. Factors to be considered include structural capacity, RF interference, geographic service area requirements, and cost.

(Ord. No. 592, § E, 11-7-07)

All towers, accessory uses, fencing/landscaping and other machinery and/or equipment shall be maintained in a safe and healthy (grounds) condition. In accepting a conditional use permit from the Planning and Zoning Commission for the construction of a Commercial Communication Tower, the applicant grants permission to the city, its duly authorized agents, officials and employees, to enter upon the property for the purpose of conducting all required inspections to verify compliance with this ordinance and applicable building codes.

All obsolete or unused towers shall be removed upon discontinuance of use.

(Ord. No. 592, § F, 11-7-07)

Variances from the requirements of this article shall be considered by the Planning and Zoning Commission in accordance with the Required Notices and Hearing section of the most current zoning ordinance.

(Ord. No. 592, § G, 11-7-07)

Failure to comply with the provisions of this ordinance [article] shall be punishable upon conviction with a fine as specified in Ordinance No. 566 (Section 1-1-6 of the Universal City Code of Ordinances). In addition, failure to comply with the provisions of an approved conditional use permit for a Commercial Communication Tower may result in the immediate suspension of the permit. Denial or disapproval of a conditional use permit by the Planning and Zoning Commission shall not be submitted and considered again before twelve (12) months have passed from the date of the City Council decision to disapprove or deny the permit. Any reapplication for a conditional use permit shall be in accordance with all requirements as set forth in this article. Other appropriate enforcement may include termination of utility services and institution of legal action in courts of competent jurisdiction.

(Ord. No. 592, § H, 11-7-07)