HomeMy Public PortalAboutOrdinance No. 826-97 11-11-1997 • ORDINANCE NO. 8 2 6- 9 7
AN ORDINANCE AMENDING CHAPTER 12 "ZONING" OF
THE CODE OF ORDINANCES OF THE CITY OF RICHLAND
HILLS, TEXAS, AS AMENDED, BY THE ADDITION THERETO
OF A NEW SECTION 26 "COMMUNICATION TOWERS AND
TELEVISION RECEIVERS' ; PROVIDING REGULATIONS FOR
LOCATION AND CONSTRUCTION OF COMMUNICATION
TOWERS AND TELEVISION RECEIVERS; PROVIDING FOR
PERMITS FOR THE CONSTRUCTION, MAINTENANCE AND
USE OF COMM[IIVICATION TOWERS AND TELEVISION -
RECEIVERS; IMPOSING A REQUIREMENT OF SHARED USE
FOR COMMUINICATION TOWERS AND TELEVISION
RECEIVERS WHENEVER POSSIBLE; PROVIDING FOR
CONTINUATION OF NON-CONFORMING USES HEREUNDER;
PROVIDING A SEVERABILTTY CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; AND AN EFFECTIVE DATE.
WHEREAS, the public demand for new telecommunications services has
increased dramatically in recent years; and
WHEREAS, such demand generates a need for additional towers and antenna
installations to service such demand for telecommunications services; and
WHEREAS, the unregulated proliferation of telecommunications towers and
antennae contributes to visual blight, decrease in surrounding property values and
other deleterious effects on surrounding properties and the community as a whole;
and
WHEREAS, the existing regulations of the City of Richland Hills, Texas, on the
subject have proved outdated and inadequate to address the challenges imposed by
the demands for new and increased telecommunication services; and
WHEREAS, the City Council of the City of Richland Hills, Texas, hereby finds
and determines that the following regulations will balance the interests of
telecommunications providers and consumers of such services, and property owners
and citizens within the City of Richland Hills, Texas, and will promote the health,
safety and general welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
I.
That Chapter 12 "ZONING" of the Code of Ordinances of the City of Richland
Hills, Texas, as amended, be hereby amended by the addition of a new Section 26
"COMMUNICATION TOWERS AND TELEVISION RECEIVERS", which new section
sh~.ll hereafter be and read as follows:
•
ORDINANCE NO. PAGE 1
SECTION: 26 COlVZMUNICATION TOWERS AND TELEVISION RECEIVERS
• A. PURPOSE
These regulations are intended to: Provide for the appropriate location ar?d development
of communications towers and antennae to serve the residents and businesses of Richland
Hills; minimize any adverse visual impact of towers and antennae through cazeful
design, siting, landscaping and screening; avoid potential damage to adjacent properties
from tower failure through engineering and cazeful siting of tower structures; maximize
use of any new or existing communication towers so as to minimize the need to
construct new towers and minimize the total number of towers throughout the City;
maximize and encourage use of alternative tower structures as primary option rather than
construction of additional single-use towers; these regulations shall not govern any tower,
or the installation of any antenna, that is under thirty-five (35) feet in height and owned
and operated by afederally-licensed amateur radio station operator or is used exclusively
for receive only antennas.
Alternative tower structure shall mean manmade structures such as clock towers, bell
towers, church steeples, water towers, light poles, electrical transmission towers and
similaz alternative design mounting structures that camouflage or conceal the presence of
antennae and towers.
• Antennae means any exterior appazatus designed for telephonic,. radio, or television
communications through the sending and / or receiving of electromagnetic waves,
excluding satellite dish antennas.
FAA means the Federal Aviation Administration
FCC means the Federal Communications Commission.
Height, when referring to a tower, or other structure means the distance measured
vertically from the finished grade to the highest point on the tower, antenna or structure.
Tower means a structure constructed as a freestanding structure or in association with a
building, other permanent structure or equipment, on which is located one or more
antennae intended for transmitting or receiving television, AM/FM radio, digital,
microwave, cellulaz, telephone, or similar forms of electronic communication. The term
includes radio and television transmission towers, microwave towers, common carrier
towers, and cellular telephone towers. A tower does not include areceive-only home
television antenna, or any satellite dish antenna two meters or less in diameter.
ORDINANCE N0. 826-97 PAGE 2
B. Building Permit and/or Special Use Permit Required.
• No communications tower or antenna shall be constructed without prior approval and
issuance of a building permit. Furthermore, where specified in this chapter, no
communications tower shall be constructed except with approval of a Special Use Permit
(SUP) by the Planning & Zoning Commission and the City Council. The application
procedures contained in this chapter relating to the application, processing, and determination
of whether to grant a special use permit as specified herein, are in addition to any other
provisions and requirements contained in other sections of these zoning regulations relating
to Special Use Permits.
(1) Antennas are permitted in all districts on existing non-residential buildings
or on alternative tower structures with approval of a building permit, but
without obtaining a special use permit if the non-residential building or
alternative tower structure exceeds fifty (50) feet in height and the antenna
will add no more than twenty (20) feet total to the height of the existing
building or structure.
(2) The effects of radio frequency emissions on persons or the environment shall
not be considered in a proceeding involving an application for a special use
permit for a communications tower.
• (3) No communications tower may be constructed if there is a technically suitable
space available on an existing tower within the service area that the new tower
is to serve.
C. Application Procedures for Constructing a Communications Tower
Application for a building permit or a Special Use Permit to construct a
communications tower must contain the following information and will not be
considered until all information is complete:
(1) An inventory of the applicant's existing towers that aze either within the City
or within one mile of the border thereof, including specific information about
the location, design, and height of each tower. The zoning administrator may
shaze such information with other applicants applying for administrative
approvals or special use permits under this Article or with other orgazuzations
seeking to locate antennae within the City; provided however, that the
zoning administrator is not, by sharing such information, in any way
representing or warranting that the sites are available or suitable.
(2) A disclosure of all the co-location and alternate sites that were considered, including
justification for rejection of the other sites.
• (3) A site plan drawn to scale clearly indicating the location, height, and design
ORDINANCE NO. 826-97 PAGE 3
of the proposed tower, equipment cabinets, transmission buildings and other
• accessory uses, access, pazking, fences, masonry screening walls, and
landscaped azeas.
(4) A legal description of the site.
(5) The sepazation distance from other towers within a one mile radius of the
proposed tower site.
(6) Technical performance goals (i.e., desired signal strength)
(7) A description of anticipated maintenance needs, including frequency of
service, personnel needs, equipment needs, and traffic, noise or safety impacts
of the maintenance.
(8) A report from a professional structural engineer licensed in the State of Texas,
documenting the following:
(a) Tower height and design, including technical, engineering, economic,
and other pertinent factors governing selection of the proposed design.
A cross-section of the tower structure shall be included.
• (b) Total anticipated capacity of the structure, including the number and
types of antennae which can be accommodated.
(c) Evidence of the structural integrity of the tower structure.
(d) Failure characteristics of the tower and evidence that site and setbacks
are of adequate size to contain a failure within the site.
(e) Certification that the tower will meet all applicable FCC/FAA and
local building codes.
(9) A letter of intent to lease excess space on the tower structure and to lease
additional excess land on the tower site, if structurally and technically
possible.
(10) The zoning administrator shall maintain and provide, on request, records of
response from each owner. Once an owner demonstrates an antenna of the sort
proposed by the applicant cannot be accommodated on the owner's tower as
described below, the owner need not be contacted by future applicants for
antennae of the sort proposed.
(11) Shared use is not precluded simply because a reasonable fee for shazed use
• is charged, or because of reasonable costs necessary to adapt the existing and
ORDINANCE NO. 826-97 PAGE 4
proposed uses to a shazed tower. The City Council may consider expert
• testimony to determine whether the fee and costs are reasonable.
(12) Any other information which may be requested by the zoning administrator
to fully evaluate and review the application and the potential impact of a
proposed tower or antenna.
D. Documentation of Need of Communications Tower
No new communications tower shall be permitted unless the applicant
demonstrates to the reasonable satisfaction of the zoning administrator or,
when applicable, the Planning & Zoning Commission, that no existing tower,
building, structure, or alternative technology that does not require the use of
a tower can accommodate the applicant's proposed antenna. The applicant
shall submit information related to the availability of suitable existing
towers, other structures or alternative technology which will demonstrate that no
existing tower, structure or alternative technology can accommodate the applicant's
proposed antenna. Such information may consist of any of the following:
(1) Current RF coverage prediction maps showing the area to be served before the
addition of the new cell and an RF coverage prediction map that shows coverage after
the new site is operational.
• (2) No existing towers or structures are located within the geographic area
which meet the applicant's engineering requirements.
(3) Existing towers or structures are not of sufficient height to meet the
applicant's engineering requirements.
(4) Existing towers or structures do not have sufficient structural strength to
support the applicant's proposed antenna and related equipment.
(5) 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 interference with the applicant's
proposed antenna.
(6) The fees, costs, or contractual provisions required by the owner in order to
shaze an existing tower or structure or to adapt an existing tower or structure
for sharing are unreasonable.
(7) The applicant demonstrates that there aze other limiting factors that render
existing towers and structures unsuitable.
• (8) The applicant demonstrates that an alternative technology that does not require
ORDINANCE N0. 826-97 PAGE 5
the use of towers or structures, such as a cable microcell network using
• multiple low-powered transmitters/ receivers attached to a wireline system
is unsuitable. Costs of alternative technology that exceed new tower or
antenna development shall not be presumed to render the technology
unsuitable.
(9) The zoning administrator may require adrive-out test to confirm or refute the
projected coverage maps.
(10) If the zoning administrator is satisfied that the applicant has provided
adequate documentation of need for the proposed site, the application shall
be automatically scheduled for the next available public hearing by the
Planning & Zoning Commission for consideration as a Special Use Permit.
E. General Requirements
(1) No advertising sign shall be allowed on a communications tower.
(2) No signs or illumination shall be allowed on a communications tower unless
required by the FCC, FAA or other state or federal agency of competent
jurisdiction, in which case the zoning administrator may review the available
lighting alternatives and approve the design that would cause the least
• disturbance to the surrounding uses and views.
(3) All buildings or equipment cabinets, shall meet the construction and material
requirements of that particular zoning district
F. Spacing and Development Requirements
(1) Maximum height and setback - No communications tower shall exceed 130
feet in height. Every communications tower shall be set back from residentially zoned
property at a ratio of three (3) feet of setback for each one (1) foot of tower
height.
(2) Spacing -All communications towers constructed shall conform to the
minimum tower sepazation requirements listed in Table 26-1. An antenna
mounted on an existing communications tower or on an alternative tower
structure shall be exempt from these minimum sepazation distances.
ORDINANCE NO. 826-97 PAGE 6
•
TABLE 26 -1
SEPARATION DISTANCE
EXISTING
TOWER
HEIGHT PROPOSED TOWER HEIGHT
<65' 65' -130'
<65' 1,000' 1,250'
65'-130' 1,250' 1,500'
• (3) Maximum Number of Towers - No more than one communications tower
shall be allowed on a lot or parcel, provided, however, that additional
towers may be approved on the lot with a Special Use Permit.
(4) Safety - A communications tower should be located in such a manner that
if the structure should fall along its longest dimension it will remain
within property boundaries and avoid habitable structures, public streets,
utility lines and other towers.
(5) Landscaping -The City Council may require additional landscaping to mitigate
an adverse condition or may waive such landscaping requirements when
considering a request for a Special Use Permit.
(6) Masonry Screening Walls -The City Council may require additional masonry
screening walls to mitigate an adverse condition or may waive such masonry
screening wall requirement when considering a request for a Special Use
Permit.
G. VisualImpacts
• Communications towers and any equipment building and related structures shall,
ORDINANCE NO. 826-97 PAGE 7
•
to the extent possible, use materials, colors, textures, screening, and landscaping ;
that will blend into the tower and related facilities to the natural setting and built
environment.
(1) All towers shall either maintain a galvanized steel finish or, subject to any
applicable standards of the FAA or other applicable federal or state
agency, be painted a neutral color, so as to reduce visual obtrusiveness.
(2) 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.
(3) All towers shall be monopole construction unless the City Council
approves an alternate design.
• H. Shared Use
All new towers shall be designed to structurally accommodate the maximum ~ "
number of additional users technically practicable.
(1) To encourage shared use of towers, no special use permit shall be
required for the addition of antenna(e) to an existing tower so long as the
height of the tower or structure on which the antenna is placed is not
increased and the requirements of this section aze met.
(2) Any Special Use Permit which is granted for a new communications
tower is specifically subject to the condition that the tower owner abide
by the following provisions relating to shazed use, regazdless of whether
or not the ordinance granting the permit contains such conditions:
(a) The tower owner shall respond in a timely, comprehensive
manner to a request for information from a potential shazed use
applicant;
(b) The tower owner shall negotiate in good faith for shared use by
third parties;
ORDINANCE NO. 826-97 PAGE 8
•
(c) The tower owner shall allow shazed use where,. the third party
seeking the use agrees in writing to pay reasonable, pro rata
charges for sharing, including all chazges necessary to modify the
tower and transmitters to accommodate shazed use, but not total
tower reconstruction, and to observe whatever technical
requirements are necessary to allow shared use without creating
interference.
(d) The willful failure of an owner whose tower was approved under
this section to comply with the requirements, of this section shall
be grounds for withholding approval of any application by the
owner for a building permit for the approved tower, for revoking
the special use permit granted for the tower, and for refusing to
approve a new special use permit for any new tower or antenna.
I. Removal of Unsafe Antennas and Towers
• All towers and antennas shall be maintained in compliance with standards
contained in applicable building codes so as to ensure the structural integrity of
the towers. If upon inspection by the Building Official the tower is determined
not to comply with the code standazds or constitutes a danger to persons or
property and the tower is not made safe or removed within sixty (60) days of
notification from the City notifying the owner of the unsafe tower or antenna,
the City may remove the tower or antenna and place a lien upon the property for
the costs of the removal.
J. Abandoned Towers
Any antenna or tower that is not operated for any continuous period of twelve
(12) months shall be considered abandoned, and the owner of such antennae or
tower and the owner of the property where the tower is located shall remove the
tower or antenna within ninety (90) days after notification from the City to
remove the tower or antenna.
(1) If the tower or antenna is not removed within the notification time period,
the City may remove the tower or antenna and place a lien upon the
property for the costs of the removal.
• (2) If the owner of an abandoned tower or antenna wishes to use the
ORDINANCE NO. 826-97 PAGE 9
abandoned tower or antenna, the, owner first must apply for and receive
all applicable permits and meet all of the conditions of this article as if
the tower or antenna were a new tower or anterma.
K. Pre-Ezisting Towers and Non-Conforming Uses
All communication towers operative prior to the effective date of this ordinance,
shall be allowed to continue their present usage as anon-conforming use and
shall be treated as anon-conforming use in accordance with the zoning
regulations. Routine maintenance shall be permitted on the existing towers. New
construction other than routine maintenance on an existing communication tower
shall comply with the requirements of this section.
L. Public Property
Antennas or towers located on property owned, leased or otherwise controlled
• by the City shall be exempt from the requirements of this Section.
•
ORDINANCE N0. 82b-97 PAGE 10
• II.
That Ordinance No. 811-97, passed by the Richland Hills City Council on
February 11, 1997, be and the same is hereby repealed in its entirety.
III.
That paragraph 67 of Subsection C "USES PERMITTED" of Section 13 "C-2
GENERAL COMMERCIAL DISTRICT" of Chapter 12 "ZONING" of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, be hereby repealed in
its entirety.
IV.
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
V.
. Saving Clause. That Chapter 12 of the Code of Ordinances, City of Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
VI.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of
the Richland Hills City Council on the llthday of Novembe?: 1997, by a vote
of 5 ayes, 0 nays, and 0 abstentions.
APPROVED:
~`'l
C. F. Kelley, Mayor
ORDINANCE NO. 8 2 6- 9 7 PAGE 11
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APPROVED AS TO FORM AND LEGALITY:
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P ul F. Wieneskie, Cit orney
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•
•
ORDINANCE NO. R ~ 6 - 9 7 PAGE 12