The Z&PC and the ZBA are established and shall be constituted as prescribed by the City's Charter. They have the powers and duties prescribed by the Charter, applicable law, this ordinance or other ordinances of the City.

(a)

Number, Quorum. The Z&PC shall have the number of members appointed by the City Council from time to time, within the limits prescribed by the Charter. A quorum is a majority of the members appointed and holding positions which are not vacant, but never fewer than three. Each member of the Z&PC shall be appointed to a specific numbered position, numbered from "1" through "5" (plus "6" and "7," if appointed).

(b)

Qualifications. Each appointee, at the time of appointment, must be a resident of the City. A member who ceases to be a resident of the City shall be deemed to have resigned and may be replaced at any time thereafter, but shall continue to serve until the successor is appointed and qualified.

(c)

Terms. Each position has successive terms of office, with each term beginning on September 1 of each odd-numbered calendar year and extending through August 31 of the next following odd numbered calendar year. Each member appointed shall serve for the specific term, or the unexpired portion thereof, of the specific position to which the member is appointed. Members shall also serve after the expiration of a term of office

(d)

Appointments, Vacancies. Appointments for upcoming terms may be made no sooner than sixty days prior to the beginning of the term. In the event of death, resignation, removal from office or any other vacancy, a successor shall be appointed to serve the remaining unexpired portion of the specific term of office of the vacant position.

(e)

Removal. The City Council may remove a member for cause on a written charge after a public hearing.

(f)

Officers. The city council may provide for appointments of a presiding officer, a vice presiding officer, and a secretary and may allow one or more such officers to be selected by the Z&PC.

(g)

No Compensation. The members of the Z&PC shall receive no compensation for their services. This shall not prohibit reimbursement for actual and reasonable expenses incurred by authority of the city manager or the City Council.

(Ord. No. 1756, 10-27-2003)

(a)

Number, Quorum. The ZBA shall have the number of members prescribed by the Charter. A quorum is four. Each member of the ZBA shall be appointed to a specific numbered position, numbered as follows: regular positions numbered from "1" through "5" and alternate positions numbered from "A1" through "A4."

(b)

Qualifications. Each appointee, at the time of appointment, must be a resident of the City. A member who ceases to be a resident of the City shall be deemed to have resigned and may be replaced at any time thereafter, but shall continue to serve until the successor is appointed and qualified.

(c)

Terms. Each position has successive terms of office, with each term beginning on September 1 of each odd-numbered calendar year and extending through August 31 of the next following odd numbered calendar year. Each member appointed shall serve for the specific term, or the unexpired portion thereof, of the specific position to which the member is appointed. Members shall also serve after the expiration of a term of office until a successor is appointed and qualified.

(d)

Appointments, Vacancies. Appointments for upcoming terms may be made no sooner than sixty days prior to the beginning of the term. In the event of death, resignation, removal from office or any other vacancy, a successor shall be appointed to serve the remaining unexpired portion of the specific term of office of the vacant position.

(e)

Removal. The City Council may remove a member as provided in applicable state law.

(f)

Officers. The city council may provide for appointments of the presiding officer and the vice presiding officer, and may allow one or both such officers to be selected by the ZBA. The presiding officer, and the vice presiding officer while serving in place of the presiding officer, shall have the authority of the "chairman."

(g)

No Compensation. The members of the ZBA shall receive no compensation for their services. This shall not prohibit reimbursement for actual and reasonable expenses incurred by authority of the city manager or the City Council.

(h)

Office. The office of the ZBA shall be at the office of the administrative official.

(Ord. No. 1756, 10-27-2003)

[End of Base Text. Schedules and Diagram follow; these are integral parts of this Ordinance.]  

PWSF SCHEDULE

(Personal Wireless Service Facilities)

A.

In General. A PWSF complies with this ordinance only if, for that specific PWSF:

1.

Pre-application. Any applicable pre-application process has been followed.

2.

Application. The required application has been completed and filed.

3.

Review, etc. The applicable review and issuance process has been completed.

4.

Permit. The appropriate type of permit (either a low-impact PWSF permit or a permit authorized by special exception) is in effect and not suspended or terminated.

5.

Other. The PWSF otherwise complies with this schedule and other applicable provisions of this ordinance.

B.

Definitions. In this schedule:

1.

"Antenna" means the surface from which radio signals are sent or received.

2.

"Building-mounted antenna" means an antenna attached to the surface of, or mounted inside, a building or building-like structure such as, for example, a steeple, cooling tower, elevator housing, parapet, penthouse or elevated tank.

3.

"Co-locate" means to use a single mount or site for two or more PW SF's.

4.

"Monopole" means a single shaft used primarily to mount PW SF's.

5.

"Low-impact PW SF" means a PWSF in one or more of the following categories:

(a)

Low-Impact, building-mounted. The antenna is building-mounted, and:

(1)

Any exposed elements are flush-mounted (not more than one foot from the face of a wall and at least one foot below the top of the wall) and are covered or painted to match the color and texture of the building.

(2)

All other equipment is screened from off-site views.

(b)

Low-impact, standard street structure. The PWSF is incorporated into a new or existing streetlight or other street structure with a standard or ornamental design formally adopted by the city council and approved for joint use with a PWSF.

6.

"Rooftop-mounted antenna" means an antenna mounted on the roof of a building that is not a "building-mounted antenna."

7.

"Sightline representation" means a profile drawing of a sight line from a viewpoint to the highest visible part of a PWSF meeting these criteria:

(a)

Intersecting trees and other objects must be shown.

(b)

The scale must be one inch equals 40 feet, unless otherwise specified by the City.

8.

"Tower" means a structure, other than a monopole, used primarily to mount PW SF's.

C.

Application. The owner and proposed operator of a PWSF must file a complete, written application, including the following:

1.

Form, etc. A City-prescribed application form, with all required signatures, fees, plans and specifications.

2.

Sketch plat. A sketch plat as required for new major development, including all structures located within 200 feet of the proposed PWSF or its site.

3.

Service area. A map of the service area for the PWSF.

4.

Other facilities. A map showing all existing and planned facilities, both within the City and within three miles of the site, that could be, or will be, used by the applicant for, or in connection with, the PW SF. The map must show all cables, connection devices and the height, mounting style and number of antennas.

5.

Collocation certificate (not required for low-impact PWSF's). A certificate, in recordable form, signed and acknowledged by the owner and operator (and each lienholder) stating that the PWSF and its site are, and will remain, available for collocation upon reasonable, non-discriminatory terms and conditions. (With the certificate, there must be a current title report or other proof of ownership and liens acceptable to the administrative official.)

6.

Towers, monopoles. The following additional items are required if the application is for a new tower or monopole:

a.

A map indicating, for all the area within one mile of the proposed PWSF: (i) all monopoles and towers in existence, planned or under construction, and (ii) all structures in existence or under construction with a height comparable to the proposed PWSF (e.g., towers, buildings, poles, etc.), and (iii) other possible or potential sites for the monopole or tower, including stand alone locations.

b.

A detailed description of efforts made to locate or co-locate the proposed PWSF at or upon each pole, tower, structure and site required to be indicated on the map. The description must also include: (i) the names, addresses and telephone numbers of the owners and persons contacted, and (ii) reasons why each was rejected, giving particular emphasis to the criteria set out in this schedule.

c.

A detailed description of: (i) efforts made to blend the facilities with the surrounding area and to screen them, (ii) the process for selecting the proposed color, (iii) efforts made to minimize the diameter and mass of the main supporting structures, including an engineering analysis, (iv) efforts made to minimize the equipment attached to the pole or tower to support the antennas, including an engineering analysis, (v) efforts made to minimize the size, bulk and number of antennas and ancillary equipment to be mounted on the pole or tower, including an engineering analysis, and (vi) a description of the function of any such ancillary equipment and the need to locate it on the pole or tower in question.

d.

A photo simulation of the site.

e.

If the site is located within 500 feet of any dwelling: (i) a photo simulation of the views from each dwelling, (ii) two photo simulations from the closest streets, and (iii) an analysis of the simulations and the other required information to determine the most effective way to screen or blend the facility with the surrounding environment.

7.

Certain other types of PWSF's: The following additional items are required for all other PWSF's, except low-impact PWSF's:

a.

A detailed description of: (i) efforts made to blend the facilities with the surrounding area and to screen them, (ii) the process for selecting the proposed color, (iii) efforts made to minimize the diameter and mass of the supporting pole or tower (if there is one), including an engineering analysis, (iv) efforts made to minimize the equipment attached to the pole or tower (if there is one) to support the antennas, including an engineering analysis, (v) efforts made to minimize the size, bulk and number of antennas and ancillary equipment, if visible from off-site, including an engineering analysis, and (vi) a description of the function of any such ancillary equipment and the need to locate it as designed.

b.

Sightline representations from the most common viewpoints, including any building facades and public or private roadways within 500 feet of the site.

c.

A photo simulation of the site from the main street frontage.

d.

If the site is located within 500 feet of any dwelling: (i) a photo simulation of the views from each dwelling, (ii) two photo simulations from the closest streets, and (iii) an analysis of the simulations and the other required information to determine the most effective way to screen the facility or blend it with the surrounding environment.

D.

Review, Issuance, Permits. The review and issuance process includes:

1.

Administrative review. By City staff.

2.

Sketch plat. Review of the sketch plat as required; see Chapter 74.

3.

Consultants. Review by a third-party consultant, if required by the administrative official, the ZBA or City Council. Such review would normally be requested to resolve technical or regulatory issues raised by the application, including: (i) accuracy and completeness of applications, (ii) analysis techniques and methodologies, (iii) validity of conclusions reached, (iv) other technical or regulatory issues.

4.

Hearings. Any required hearings have been duly noticed and held. The administrative official may require special hearings, even if not otherwise required.

5.

Permits. Preparation, approval and issuance of a permit, as follows:

a.

Low-impact PWSF's. The administrative official may issue a low-impact PWSF permit, but only after determining that the definition of "low-impact PWSF" clearly applies. See above. The administrative official may also issue a low-impact permit if the ZBA determines that the definition applies.

b.

Other PW SF's. All other PWSF's require a special exception to authorize the administrative official to issue a permit. A special exception may impose site-specific conditions and restrictions upon a PWSF that are more restrictive than this schedule.

6.

Term of permits. The term of each PWSF permit is five years from the date of issuance. Exceptions: (1) A special exception can prescribe a shorter term. (2) If a permit calls for co-location with a pre-existing PWSF, a special exception may extend the term of all co-located PWSF's at that site to the fifth anniversary of the issuance of the last permit for that site.

E.

General Criteria & Regulations. The following apply to PWSF's and PWSF permits:

1.

Site, equipment. The site and type of equipment must offer a lower impact upon nearby residential sites than the other reasonable alternatives. For this purpose, impact is measured in terms of: (i) visual intrusiveness, (ii) risk of physical impact, and (iii) and reduction in property values. Each PWSF must comply with other applicable laws, rules, charters, guidelines, ordinances and regulations, and each applicant and permittee must submit proof of such compliance when and permits to use public rights of way. (2) Written statements of compliance with federal regulations and guidelines on radio frequency exposure, including engineering analyses and impact assessments based upon appropriate field tests, signed by a registered professional engineer who has both training and substantial experience in connection with radio frequency exposure.

2.

SFD/SFA sites. No PWSF is allowed upon any subdivided lot or building site where the actual or intended principal use is SFD or SFA. The intended use is determined by the applicable zoning regulations and the size and shape of the parcel.

3.

Yards, special setbacks. Regular yard regulations apply. In addition, all parts of a PWSF must be set back the following distances:

a.

two feet for each one foot of height, measured from the nearest building site boundary; and

b.

three feet for each one foot of height, measured from the nearest SF District boundary (or, if the PWSF is within an SF District, the nearest building site with an existing dwelling).

Exception: These additional setbacks do not apply to building-mounted PWSF's or low-impact PW SF's.

4.

Height. Regular height regulations apply. See Articles 7A, 7B, 7C, and 7D which limits heights to 25 or 35 feet. Exceptions: (1) A low impact PWSF incorporated into a standard street structure may be up to four feet higher than that structure, assuming the height of that structure does not otherwise violate this ordinance (taking into account any PNC status, other defenses and exceptions). (2) A special exception may prescribe different height regulations.

5.

Design aspects. The design of each PW SF must:

a.

Minimize the mass of the PWSF that may be visible from off-site or street areas, to the extent reasonably possible while maintaining structural integrity.

b.

Provide for present and future collocation with other PWSF's to the extent reasonably possible. Exception: This does not apply to low-impact PW SF's.

c.

Prescribe shapes and dimensions that will blend with similar objects to the extent feasible.

d.

Include a permanent marker (not larger than 4x6 inches) clearly identifying the owner's name, address and emergency telephone number.

e.

Either comply with the definition of a low-impact PWSF or comply with all the following additional criteria for issuance of a special exception:

(1)

The height of the PW SF must not be intrusive, obtrusive or out of character with the surrounding areas.

(2)

Arrays and supporting structures must blend with the existing physical context and may not be unnecessarily intrusive or obtrusive.

(3)

Trees, natural landscaping and screening must be incorporated into the PWSF and its surroundings to the greatest extent feasible.

(4)

Camouflage or disguise techniques must be incorporated to the greatest degree feasible, for aspects of the PWSF that cannot be screened.

(5)

In all other respects, the PWSF must blend into its setting to the maximum extent feasible and may not unnecessarily intrude into surrounding landscapes or views.

(6)

The PWSF must comply with the general purpose and intent of this ordinance and the comprehensive plan.

6.

Guy wires. Guy wires may not be used for monopoles or towers.

7.

Collocation (not required for low-impact PWSF's). Each PWSF and its site must be made available for collocation upon reasonable, non-discriminatory terms and conditions, at all times. The collocation certificate must be recorded in the Harris County real property records.

8.

Screening. All equipment must be screened from off-site and street area views to the extent reasonably possible by opaque screens, walls, parapets, etc. Exception: This does not apply to low-impact PW SF's.

9.

Underground; Enclosures. All cabinets, boxes and similar non-antenna-related equipment must be located underground, unless it is so designed and located that it is not visible from a street area. For example, the equipment may be located inside a non-residential building similar to other buildings in the area, or completely enclosed by an opaque wall or other enclosure designed and maintained to resemble similar enclosures in the vicinity, with external landscaping similar to landscaping present in the vicinity. Gates must be opaque. Exception: Undergrounding or enclosure is not required for equipment that is part of a low-impact standard street structure.

10.

Lighting. All exterior lighting designed for the PWSF itself must be contained within the enclosure as described above.

11.

Parking. Notwithstanding Article 10, no off-street parking is required for a PWSF.

12.

Removal. A PWSF that is not used for 180 days or longer, or for which there is no PWSF permit in effect, must be removed. Each owner and person in control of the site is responsible for removal, jointly and severally. A permit may require the filing of financial security and rights of entry with the City to secure the obligation to remove.

13.

Registry. The administrative official may maintain a registry of all PWSF's and may require each permittee to certify the locations, equipment, designs, operations, and other information about its PW SF's periodically.

14.

Suspension, termination. All permits are subject to suspension and termination in the same manner as provided for building permits generally, except that only the ZBA may suspend or terminate a permit authorized by special exception.

(Ord. No. 1765, 4-12-2004; Ord. No. 3066, § 13, 4-22-2024)