5.137 Telecommunications Tower and Stealth Telecommunication Tower

  1. Towers in Scenic Areas, Historic and Cultural Landmarks Districts (“HC”) Historic Significant Endangered (“HSE”) and Conservation Districts(“CD”)
    No Telecommunication Tower shall be located in a scenic area or corridor, as designated by Section 6.403.  Stealth Telecommunication Towers shall be permitted with a Special Exception approval in scenic areas or corridors, as designated by Section 6.403, upon approval of the design by Urban Design Commission.  No Telecommunication Towers shall be allowed within a Historic and Cultural Landmarks District (“HC”), Highly Significant Endangered (“HSE”), or Conservation District (“CD”) overlay.  Stealth Telecommunication Towers shall be permitted in districts with a Historic and Cultural Landmarks (“HC”), Highly Significant Endangered (“HSE”), or Conservation District (“CD”) overlay by Special Exception by the Board of Adjustment and design approval by the Urban Design Commission.  Proposed Stealth Telecommunication Towers in districts with a “HC” and “HSE” overlay require a Certificate of Appropriateness from the Historic and Cultural Landmarks Commission.
  2. Notice
    At the time of submission of an application to construct a Telecommunication Tower or Stealth Telecommunication Tower, applicant must provide proof that all other wireless telecommunication providers serving the City have been notified by certified mail, return receipt requested.  Notification must be mailed to the providers within the sixty (60) days prior to the submission of the application.  A list of the wireless telecommunication providers serving the City may be obtained from the Planning and Development Department.
  3. Setback Requirements
    Telecommunication Towers and Stealth Telecommunication Towers shall be constructed in accordance with the following setback requirements:
    1. Telecommunication Towers shall be set back 500 feet from any Historic and Cultural Landmark (“HC”), Highly Significant Endangered (“HSE”), and Conservation District overlay and scenic preservation areas or corridors, as designated by Section 6.403.
    2. Stealth Telecommunication Towers shall be set back in accordance with the development standards for the underlying district, except that all Stealth Telecommunication Towers shall be set back 200 feet from any One-Family, Two-Family or Multifamily District or use.
    3. Telecommunication Towers shall be set back 250 feet from any Multifamily District or use.
    4. Telecommunication Towers shall be set back 500 feet from any One-Family or Two-Family District or use.
    5. No Telecommunication Tower or Stealth Telecommunication Tower shall be located within 200 feet from the shoreline of the Trinity River or the West Fork, Clear Fork, Marine Creek, Mary’s Creek or Sycamore Creek per the map established by the “Trinity River Corridor Mapping Data” prepared by the North Central Texas Council of Governments.
  4. Telecommunication Tower, Stealth Telecommunication Tower, Antenna Design, and Appearance Requirements
    1. No telecommunication towers shall be allowed in any residential district.  Special Exception approval is required for all telecommunication towers in Low Intensity Mixed-use (“MU-1”) and High Intensity Mixed-Use (“MU-2”).  Special Exception approval is required for Stealth Telecommunication Towers in all residential districts (except Low Intensity Mixed-Use (“MU-1”) and High Intensity Mixed-use (“MU-2”) Districts).  The Urban Design Commission must approve the design of all Stealth Telecommunication Towers.
    2. Special Exception approval is required for Stealth Telecommunication Towers in Neighborhood Commercial Restricted (“ER”) Districts; Agricultural (“AG”) Districts; Community Facilities (“CF”) Districts; and those districts with Historic and Cultural Landmark (“HC”) Highly Significant Endangered (“HSE”), or Conservation District overlays.  The Urban Design Commission must approve the design of all Stealth Telecommunication Towers.
    3. No design plan shall be approved by the Urban Design Commission until the Board of Adjustment approves the request for a Special Exception or a variance for an increase in the allowed Telecommunication Tower or Stealth Telecommunication Tower height, or increase in height of an alternative structure.
      All design plans must be submitted by the Applicant at the time of application for a variance or Special Exception request and shall include the following:
      A visual study, visualization, or simulation showing the appearance of the proposed Telecommunication Tower, Stealth Telecommunication Tower, associated antennas and ancillary facilities, to scale and in the existing natural or built environment, from at least five points of public view.  The points shall be agreed upon between the Applicant and the Planning and Development Department to ensure that appropriate views are represented;
      The general capacity of the proposed Telecommunication Tower or Stealth Telecommunication Tower in terms of the number and type of antennas it is designed to accommodate;
      The applicant’s current overall system plan for the City documenting telecommunication facilities presently constructed or approved, including a map that indicates the proposed provider’s current coverage for the City and the area the requested site would cover;
      A statement outlining the rationales for the particular location, design and height of the proposed Telecommunication Tower, Stealth Telecommunication Tower or antennas;
      A landscape plan drawn to scale showing proposed and existing fencing and landscaping, including type, spacing, size and irrigation methods;
      A visual depiction or architect’s rendering (drawn to scale) of the Telecommunication Tower or Stealth Telecommunication Tower;
      A site plan, drawn to scale, indicating the location and height of the Telecommunication Tower or Stealth Telecommunication Tower (with associated ancillary facilities), as well as their proximity to (or distance from) buildings and to other structures on the same adjacent properties to include a radius of 200 feet;
      A signed agreement stating that the placement of the antennas is designed to allow future co-location of additional antennas if technologically feasible and that the Applicant will provide notice to the City of any provider that co-locates to the site;
      Statement from the property owner granting authorization to construct a Telecommunication Tower or Stealth Telecommunication Tower on the property and affidavits dated within the sixty (60) days preceding the application date, in a form approved by the City and executed by a person with knowledge and authority to do so, which states that authorization to construct a Telecommunication Tower or Stealth Telecommunication Tower on other potential sites within a half-mile radius was denied; and
      Summary results of studies or tests that document why existing sites will not provide sufficient signal coverage. All proposed Stealth Telecommunication Tower designs submitted to the Urban Design Commission must include color photographs in a radius of at least 200 feet that depict the surrounding area and structures.
    4. Any changes, additions, deletions, or improvements to a Stealth Telecommunication Tower must be approved by the Urban Design Commission.
  5. Construction Requirements
    1. All Telecommunication Towers shall be of monopole construction unless the Urban Design Commission shall approve all Stealth Telecommunication Tower designs.
    2. Neither Telecommunication Towers nor Stealth Telecommunication Towers shall be illuminated by artificial means or shall display strobe lights or other warning lighting unless required by the Federal Aviation Administration or any other Federal, State or City law, rule or regulation.  Any lighting shall be shielded or directed so as not to project directly onto property zoned residential or any residential use.  When incorporated into the approved design, light fixtures used to illuminate ball fields, parking lots, or other similar areas may be attached to a Telecommunication Tower or Stealth Telecommunication Tower.
    3. No Telecommunication Tower shall be constructed within one-half mile-of any pre-existing Telecommunication Tower.  Telecommunication Tower separation shall be measured by following a straight line from the portion of the base of the proposed Telecommunication Tower.  For the purpose of this paragraph, a Telecommunication Tower shall include any Telecommunication Tower that is already constructed, any Telecommunication Tower for which the city has issued a building permit,  for which an application for a Telecommunication Tower has been filed and not denied.  Upon a request of a variance of the provisions of the subsection, the Board of Adjustment shall consider whether the Applicant can demonstrate the following:
      Communications technology precludes locating the proposed Telecommunication Tower on available sites more than one-half mile from a pre-existing transmission Telecommunication Tower and still providing the approximate coverage the proposed Telecommunication Tower is intended to provide;
      A pre-existing Telecommunication Tower that is within one-half mile is not structurally capable of accommodating another provider and it is not feasible to modify it to do so; and
      There are no other buildings, light or utility poles or water towers or other structures within one-half mile on which antennas may be located and still provide the approximate coverage the proposed Telecommunication Tower is intended to provide.
    4. All new Telecommunication Towers and Stealth Telecommunication Towers must be constructed to support at least two separate antenna arrays.  In addition, any new Telecommunication Tower or Stealth Telecommunication Tower must be able to support at least one additional antenna for every fifteen feet (or fraction thereof) above sixty (60) feet in height and provide the ground space for any equipment necessary for the operation of additional antenna.
  6. Screening, Fencing and Landscaping Requirements
    1. Telecommunication Towers: All Telecommunication Towers and support facilities must have the following: A six-foot solid screening fence that complements the architectural character of the surrounding neighborhood and that is constructed of wood, brick, stone or reinforced concrete products per the specifications of Section 5.305, “Fences” of the zoning ordinance; and
      Suitable screening shrubs that complement the architectural character of the surrounding neighborhood shall be installed completely around the fence and be sufficient to screen from view the structures sought to be screened.  All screening shrubs shall be a minimum of three feet in height at planting, have the potential to grow to a mature height of a minimum of six feet in three years and must have a permanently installed irrigation system that provides total water coverage to all plant materials.  The vegetation shall be kept in an attractive state and in good condition at all times.
    2. Stealth Telecommunication Towers:  All Stealth Telecommunication Tower support facilities must be screened from public view.  All screening designs must be approved by the Urban Design Commission.
  7. Outdoor Storage
    No outdoor storage of vehicles, materials, or equipments is permitted.  Equipment not used in direct support of the facility shall not be stored or parked on the premises unless a technician is present.
  8. Commercial Messages Prohibited
    No signs, including commercial advertising, logos, political signs, flyers, flags, or banners, graphics or other attention devices shall be allowed on any part of the Telecommunication Tower, Stealth Telecommunication Tower, or ancillary support facilities except for warning and safety signage.
  9. Telecommunication Tower/Stealth Telecommunication Tower/ Antenna Registration
    Before a building permit for a Telecommunication Tower or Stealth Telecommunication Tower structure may be issued, the owner must have on file with the Planning and Development Department a master list of all proposed, currently under construction, and existing Telecommunication Tower or Stealth Telecommunication Tower structures and antennas owned or controlled by the owner.  Such list must specify the name, address and telephone number of the owner of record, the Telecommunication Tower or Stealth Telecommunication Tower locations by address and legal description, tower height, the number of antenna arrays on the Telecommunication Tower or Stealth Communication Tower, and the names, addresses, and telephone numbers of all other users of the Telecommunication Tower or Stealth Telecommunication Tower structures.
  10. Removal of Telecommunication Tower or Stealth Telecommunication Tower Structures
    1. Upon cessation for more than 180 days of the use of a Telecommunication Tower or Stealth Telecommunication Tower structure for the support of active communications antennas, the owner of record must notify the Planning and Development Department.  Disconnection of electric service for more than 180 days at the Telecommunication Tower or Stealth Telecommunication Tower site shall be considered cessation of use.
    2. All transmission Telecommunication Towers or Stealth Telecommunication Towers and antennas shall be removed by the person who constructed the facility, by the person who operates the facility or by the property owner within one year from the time the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices.
    3. The person who constructed the facility, the person who operates the facility or owner of record must notify the Planning and Development Department of any change in the status of the Telecommunication Tower or Stealth Telecommunication Tower.  If the use of the antennas on the Telecommunication Tower or Stealth Telecommunication Tower has not been restored within the one year period from the time the facilities have ceased being used to transmit, receive or relay vice and data signals to or from wireless communication devices, the Telecommunication Tower or Stealth Telecommunication Tower must be removed and the Telecommunication Tower or Stealth Telecommunication Tower site restored to its original condition to a depth of tow feet, at the owner’s expense.
  11. Urban Design Commission
    1. The Urban Design Commission shall review and approve, modify, or reject all designs as required by this Ordinance.  Any requests for variances or special exceptions must be granted by the Board of Adjustment prior to design review by the Commission.
    2. The Commission shall review proposed designs considering the materials, colors, textures, screening and landscaping designs of the equipment structure and any other permitted structures to determine the visibility, aesthetic impact, and compatibility to the surrounding natural or built environments.
    3. Any person or entity aggrieved by the decision of the Urban Design Commission relating to the review of designs required under this Ordinance may appeal to the City Council by submitting a written appeal to the City Secretary within ten days after receipt of notification of the Committee’s decision.  The City Council shall schedule a hearing on such appeal within 30 days after the receipt of the notice of appeal, or as soon thereafter as reasonably practicable.  The City Council may uphold, reverse, or modify the Commission’s decision.
  12. Fees
    Not withstanding any other provision of this ordinance, the City may require, as part of any application fees for a telecommunication facility, an amount sufficient to recover all of the City’s costs in retaining consultants to verify statements made in conjunction with the permit application, to the extent that verification requires telecommunication expertise.

(Ord. No. 17844, Eff. 11/01/07)