HomeMy WebLinkAbout2018-O-03 - Wireless Communication Facilities ORDINANCE NO. 2018-0-03
AN ORDINANCE CREATING A NEW SECTION OF THE CITY OF STEPHENVILLE ZONING ORDINANCE TO BE
TITLED "SECTION 74:WIRELESS COMMUNICATION FACILITIES"AND TO PROVIDE AN EFFECTIVE DATE
OF JANUARY 2, 2018.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,TEXAS:
SECTION 74: WIRELESS COMMUNICATION FACILITIES
A. PURPOSE
Certain radio equipment used in transmitting and receiving signal energy are essential and are deemed to
promote the health,safety,and general welfare of the citizens of the city.Such equipment shall be located
so that the health, safety,welfare,and aesthetic quality of the community shall not be compromised.The
regulations governing the location of such equipment shall also consider the aesthetic quality of the city
as a significant aspect of the health, safety, and general welfare of the community.The antennas, masts,
and towers hereinafter enumerated shall be installed,constructed and maintained in accordance with the
provisions of this section.
B. WIRELESS COMMUNICATION FACILITIES DEFINITIONS:
The following definitions shall apply:
Antenna. A device used in communications which transmits or receives electromagnetic waves.
Antenna, building attached. Antenna attached to existing structures in two general forms: (1) roof-
mounted, in which antennas are placed on the roofs of buildings, or (2) building-mounted, in which
antennas are mounted to the sides of buildings.These antennas can also be mounted on structures such
as water tanks, billboards, church steeples, electrical transmission towers, etc.
Antenna facility. A building or independent support structure and the antennas mounted thereon,
including any associated and necessary equipment building.
Co-location. The act of locating wireless communications equipment from more than one provider
on a single antenna facility.
Equipment storage. A small unmanned, single story equipment building less than 500 square feet in
size used to house radio transmitters and related equipment.
Monopole. An antenna facility composed of a single spire used to support communications
equipment. No guy wires are used or permitted.
Lattice tower.A tower having three or four support steel legs and holding a variety of antennas.These
towers range from 60 to 200 feet in height and can accommodate a variety of users.
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.
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
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duplicate the construction of common structures such as flagpoles, and camouflaged wireless facilities
that are constructed to blend into the surrounding environment.
C. RESIDENTIALLY ZONED DISTRICTS ((RE),(R-HA),(R-1),(R1.5),(R-2),(R-3),(MH)) — AMATEUR RADIO
EQUIPMENT, COMMUNICATIONS EQUIPMENT AND TV ANTENNAS
Amateur radio equipment, including ham radio and CB equipment and personal use TV antennas or
Communications antennas, shall be allowed in the residential zoning districts if they comply with the
following regulations:
1. In the residential districts,a special exception must be obtained from the board of adjustment
for any antenna facility which does not comply with the regulations in this section.
2. Telescoping antenna support poles, i.e. push-up poles, monopoles or lattice towers shall not
require a permit when installed in compliance with manufacturer's recommendations
3. Up to three antenna facilities may be located on a lot of record, co-location is encouraged;
4. An antenna facility, exclusive of the height of any antenna or mast, shall not exceed 65 feet
in height. Provided, however, that an antenna facility shall be permitted additional height at
the ratio of one added foot in height for each additional foot of setback beyond the minimum
setback required of an accessory building in the zoning district regulations contained in
section 6-3, accessory building regulations. Regardless of the above,the maximum height for
_ a tower permitted in any residential district shall be 80 feet unless a special exception is
approved by the board of adjustment;
5. The height of an antenna, including the height of any antenna facility to which they may be
fastened or attached shall not exceed 80 feet in height unless a special exception is approved
by the board of adjustment;
6. An antenna not fastened to an antenna facility shall not exceed 80 feet without a special
exception approved by the board of adjustment,except for an antenna which does not extend
more than eight feet above a building on which it is mounted;
7. An antenna facility shall be limited to having the number and size of antennas attached to it
that are allowed by the antenna facility manufacturer's designs and specifications for
maximum wind load requirements;
8. Setbacks:
(a) Antennas and antenna facilities shall not be permitted in front or side yards. Guy wires
are not permitted in front yards;
(b) Guy wires are permitted in required side and rear yards;
(c) Setback for antenna facilities shall be the same as those required for accessory buildings
in residential districts;
9. Separation: There shall be no minimum or maximum separation requirements for antenna
facilities from other structures on the same lot of record;
10. Prohibited in easements:Antenna facilities shall not be permitted in any easement;
11. Lights: No auxiliary or outdoor lighting shall be allowed on antenna facilities located on
residentially zoned property except such lights or lighting as may be required by the Federal
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—
Aviation Administration or the Federal Communications Commission; or lights for security
purposes.
12. Construction standards: A building permit must be obtained prior to the construction and/or
installation of an antenna facility. Antenna facilities must be installed in accordance with the
manufacturers recommendations or under the seal of a registered professional engineer of
the State of Texas. Regardless of the above, all such antenna facilities must meet the
Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna
Towers and Antenna Supporting Structures and the Building Code;with the exception of non-
permanent antenna facilities.
13. Maintenance:Antennas and/or antenna facilities obviously not in use or obviously in need of
maintenance as determined by the building official, shall be removed or brought into
compliance within a reasonable time determined by the building official. This shall not
preclude immediate action by the city manager to safeguard life, limb, health, property, and
public welfare;
14. No extension beyond property lines: No part of an antenna facility or any attachment thereto
may extend beyond the property lines of the owner of such antenna or antenna facility.
15. Any antenna, the radiating portion of which is accessible from ground level, shall have
adequate fencing around it, or shall have signage providing constructive notice of radio
frequency exposure/burn hazard.
D. RESIDENTIALLY ZONED DISTRICTS((RE),(R-HA),(R-1),(R1.5),(R-2),(R-3),(MH))—COMMERCIAL RADIO
EQUIPMENT AND COMMERCIAL TV ANTENNAS
Only building attached antennas shall be allowed in residentially zoned districts under the following
conditions:
1. Special exception:A special exception must be obtained from the board of adjustment.
2. Attachment or enclosure: The proposed antenna must be attached to or enclosed in an
existing structure currently or last occupied by a nonresidential use as listed in section 3-1,
permitted use table,or attached to a power or telephone pole,water storage tower, or other
utility structure;
3. Height:The antenna must not exceed fifteen feet above the structure to which it is attached;
4. Attachment to exterior structure: If attached to the exterior of a structure or a power or
telephone pole, water storage tower or other utility structure the antenna must be at least
75 feet above grade and painted to match the structure to which it is attached;
5. Enclosed antennas:The antenna may be placed lower than 75 feet above grade if completely
enclosed within existing architectural elements of a building so as not to be visible;
6. Equipment storage buildings: Any associated equipment storage building shall be screened
from public view by a decorative masonry wall, with landscaping for aesthetic purposes;
,_ 7. Driveways:All driveways accessing any antenna facility site or equipment storage site shall be
constructed of an all weather hard surface as approved by the director of public works;
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.^ 8. Lights: No auxiliary or outdoor lighting shall be allowed on antennas located on residentially
zoned property except such lights or lighting as may be required by the Federal Aviation
Administration or the Federal Communications Commission or lights for security purposes;
9. Construction standards: A building permit must be obtained prior to the construction and/or
installation of a tower, antenna or mast. Towers must be installed according to the
manufacturers recommendations or under the seal of a registered professional engineer of
the State of Texas. Regardless of the above,all such towers,antennas or masts must meet the
current Electronic Industries Association Standard, Structural Standards for Steel Antenna
Towers and Antenna Supporting Structures and the Building Code;
10. Maintenance: Antennas, not in use or in need of maintenance as determined by the
administrative official, shall be removed or brought into compliance within a reasonable
amount of time determined by the building official. This shall not preclude immediate action
by the administrative official to safeguard life, limb, health, property, and public welfare;
11. No extension beyond property lines: No part of an antenna, or any attachment thereto may
extend beyond the property lines of the owner of such antenna;
12. Property owner's permission required: No permit shall be issued for the installation of an
antenna, on a structure or property unless a notarized statement of permission from the
owner is presented to the administrative official.
E. NONRESIDENTIAL DISTRICTS((B-1),(B-2),(B-3),(B-4),(B-5),(I),
Radio, television, microwave broadcast relay, receiving towers, transmission and re-transmission
facilities, satellite receiving only earth stations (home dish antenna), and any electronic emission
equipment of a commercial nature shall be allowed in the nonresidential zoning districts if it complies
with the following regulations:
1. Number of antennas per lot: One antenna facility may be located on a lot of record, co-
location is encouraged;
2. Height:
a) With the exception of stealth facilities,an antenna facility,exclusive of the height of any
attached antenna, shall not exceed 35 feet in height. Provided, however, that an
antenna facility shall be permitted additional height at the ratio of one added foot in
height for each additional foot of setback beyond the minimum setback required of an
accessory building in the zoning district where the antenna facility is located. Regardless
of the above, with the exception of stealth facilities, the maximum height for an
antenna facility permitted without a special exception in any nonresidential district
shall be 80 feet;
b) With the exception of stealth facilities, the height of an antenna, including the height
of any antenna facility to which they may be fastened or attached, shall not exceed 65
feet in height without a special exception;
c) With the exception of stealth facilities, an antenna shall not extend more than fifteen
feet above a building on which it is attached;
3. Manufacturer's design and specifications:An antenna facility shall be limited to the number
and size of antennas attached to it that are allowed by the antenna facility manufacturer's
designs and specifications for maximum wind load requirements;
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4. Setbacks: With the exception of stealth facilities, antennas and antenna facilities shall not
be permitted in front or side yards;
5. Prohibited in easements:Antenna facilities shall not be permitted in any easement;
6. Lights: No auxiliary or outdoor lighting shall be allowed on antennas located on residentially
zoned property except such lights or lighting as may be required by the Federal Aviation
Administration or the Federal Communications Commission;
7. Construction standards: A building permit must be obtained prior to the construction
and/or installation of a tower, antenna, or mast. Antenna facilities must be installed
according to the manufacturers recommendations or under the seal of a registered
professional engineer of the State of Texas. Regardless of the above, all such antenna
facilities and antennas must meet the current Electronic Industries Association Standard,
Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the
Building Code;
8. Maintenance: Antenna facilities and antennas obviously not in use or obviously in need of
maintenance as determined by the administrative official,shall be removed or brought into
compliance within-a reasonable amount of time determined by the building official. This
shall not preclude immediate action by the administrative official to safeguard life, limb,
health, property, and public welfare;
9. No extension beyond property lines: No part of an antenna facility and antennas or any
attachment thereto may extend beyond the property lines of the owner of such antenna or
antenna facility;
10. Special exceptions for noncomplying facilities: A special exception must be obtained from
the board of adjustment for any antenna or tower, which is in a nonresidential zoning
district and does not comply with the regulations in this section.
11. Stealth facilities: Stealth facilities, as defined in section 6-10, wireless communication
facilities definitions shall be exempt from the height and location requirements of this
section. In addition, the administrative official shall be the final authority as to whether or
not any facility meets the definition of a "stealth facility".
F. SATELLITE RECEIVE-ONLY ANTENNAS:
1. Generally: Satellite receive-only antennas assist individuals in the receipt of satellite
transmitted television signals. Satellite receive-only antennas which comply with the
regulations in this section shall be permitted. Such regulations are hereby found to be
reasonable and clearly defined
2. Small satellite receive-only antennas: A satellite receive only antenna shall be allowed if it
complies with the following regulations:
(a) The satellite receive-only antenna is two meters or less in diameter and is located or
proposed to be located in any area where commercial or industrial uses are generally
,_, permitted by this ordinance or;
(b) The satellite receive-only antenna is less than one meter in diameter and is located or
proposed to be located in any residential zoning district.
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Wireless Communication Facilities
3. Large satellite receive-only antennas. Satellite receive-only antennas that are greater than
one meter in diameter in residential districts or greater than two meters in diameter in
nonresidential districts shall be allowed in any zoning district if they comply with the
following regulations:
(a) A special exception must be obtained from the board of adjustment for any satellite
receive only antenna which does not comply with the regulations specified below.
(b) Only one satellite receive-only antenna per lot of record;
(c) A satellite receive-only antenna shall not exceed ten feet in height;
(d) Setbacks:
(1) Front and side: Satellite receive-only antennas shall not be permitted in front or
side yards;
(2) Rear:Satellite receive-only antennas shall be permitted in rear yards provided they
meet the minimum setback as is required for accessory buildings in residential
districts and as for all buildings in nonresidential districts;
(e) Separation: There shall be no minimum or maximum separation requirements for
satellite receive-only antennas from other structures on the same lot of record;
(f) Not permitted in easements: Satellite receive-only antennas shall not be permitted in
easements;
41110.01.
(g) Lights: No auxiliary or outdoor lighting shall be allowed on satellite receive-only
antennas except such lights or lighting as may be required by the Federal Aviation
Administration or the Federal Communications Commission;
(h) Construction standards: A building permit must be obtained prior to the construction
and/or installation of a satellite receive-only antenna. Satellite receive-only antennas
must be installed according to the manufacturers recommendations or under the seal
of a registered professional engineer of the State of Texas;
(i) Maintenance: Satellite receive-only antennas not in use or in need of maintenance as
determined by the administrative official,shall be removed or brought into compliance
within 30 days following notice given by the administrative official. This shall not
preclude immediate action by the administrative official to safeguard life, limb, health,
property, and public welfare;
(j) No extension beyond property lines: No part of a satellite receive-only antenna or any
attachment thereto may extend beyond the property lines of the owner of such satellite
receive-only antenna;
(k) Screening: All satellite receive-only antennas shall be screened from view from
adjoining properties by fencing or evergreen plants. A satellite receive-only antenna
located within a fence surrounding the yard in which the satellite receive-only antenna
is located shall be considered to be screened.
G. SPECIAL EXCEPTION RELIEF FROM REGULATIONS
A special exception must be obtained from the board of adjustments for any antenna, tower, and/or
satellite receive-only antenna which does not comply with the regulations specified in this section. In
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Wireless Communication Facilities
considering whether to grant a special exception from the regulations specified above, the board of
adjustment shall consider the following factors:
1. The effect on the value of the surrounding property;
2. The potential for interference with the enjoyment of surrounding properties;
3. Aesthetics;
4. The necessity of the special exception for the public health, safety, and welfare of the
citizens or for governmental purposes;
5. The zoning district and the adjoining zoning districts of the property for which the special
exception is sought;
6. The provisions of 47 C.F.R. § 25.104 which preempt local zoning or other regulations that
differentiate between satellite receive-only antennas and other types of antenna facilities
unless such regulations:
(a) Have a clearly defined health, safety or aesthetic objective; and
(b) Further the stated health, safety, or aesthetic objectives without unnecessarily
burdening the federal interest in ensuring access to satellite services and in promoting
fair and effective competition among competing communications service providers;
7. To properly evaluate all applications to locate commercial antennas or towers which do not
comply with the regulations specified above, the following information must be provided
11111 by the applicant:
(a) 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;
(b) Provide photos or drawings of all equipment, structures and antenna;
(c) Describe why the antenna or tower is necessary;
(d) Address whether or not the applicant has made an effort to co-locate the facilities
proposed for this antenna or tower on existing towers or facilities in the same general
area and, if so,identify the location of these existing sites. If yes,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 or not the existing
sites allow or promote co-location and, if not, describe why not;
(e) If the requested location is in a residential district the applicant shall address whether
or not the applicant has made an effort to locate the facility in a commercial or
industrial district and identify the location of these commercial and or industrial district
sites. Describe in detail these efforts and explain in detail why these commercial or
industrial district sites were not feasible. Attach all studies or tests performed which
demonstrate why the commercial or industrial sites will not provide sufficient signal
coverage. Provide written documentation from commercial or industrial district sites'
owners and/or operators which confirm the statements provided;
twai (f) Indicate the proposed provider's current coverage area for the city. Attach maps
showing the areas the proposed provider's existing antennas currently cover,the areas
Ordinance No.2018-0-03 Page 7 of 8
Wireless Communication Facilities
the applicant's existing sites and other existing sites would cover, and the areas the
applicant's existing sites and the requested site would cover;
(g) Describe the applicant's master antenna and tower plan for the city. Attach maps and
other related documentation. Provide information indicating each phase of the plan;
(h) Describe the applicant's plan to minimize the number of telecommunications antenna
and towers needed to cover the city;
H. WRITTEN REPORT UPON DENIAL OF REQUEST
The administrative official and/or the board of adjustment shall document any denial of a request to
place, construct, or modify an antenna facilities in writing. Such documentation shall be supported
by substantial evidence within the written record.
PASSED AND APPROVED this the 2nd day of January, 2018.
.alecup___
,_-z-- �'". Jerry K. Weldon II, Mayor
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ATTEST: CO•. ••.,:>
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Li
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Staci Mr, City Secretary 1p
Reviewed b Allen L. Barnes,
City Admini trator
(4- 3 Lt„,__ ______
Approved as to form and legality
Randy Thomas, City Attorney
Ordinance No.2018-0-03 Page 8 of 8
Wireless Communication Facilities