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HomeMy WebLinkAbout2000-261ORDINANCE NO di OOD',9& AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35 "ZON- ING" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING AN ARTICLE XI ENTITLED "DENTON TELECOMMUNICATIONS ZONING REGULA- TIONS", PROVIDING FOR REGULATIONS GOVERNING THE LOCATION OF TELE- COMMUNICATION TOWERS AND ANTENNAS, PROVIDING CONDITIONS FOR PER- MITTED USES, PROVIDING FOR SPECIAL USE PERMITS, PROVIDING FOR SEVER - ABILITY, PROVIDING A CRIMINAL PENALTY NOT TO EXCEED $2,000 AND A CIVIL PENALTY NOT TO EXCEED $1,000 FOR VIOLATIONS THEREOF, PROVIDING A RE- PEALER CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR AN EF- FECTIVE DATE WHEREAS, the City of Denton, Texas ("City") has received or expects to receive re- quests to site wireless communication or telecommunication towers and antennas within the mu- nicipal boundaries, and WHEREAS, the City Council finds that it is in the public interest to permit the siting of wireless communication or telecommunications tower and antennas within the municipal boundaries, and WHEREAS, it is the intent of the City to protect and promote the public health, safety, and welfare by regulating the siting of wireless communication or telecommunication towers and antennas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Chapter 35 "Zoning' of the Code of Ordinances of the City be and the same is hereby amended by adding a new Article XI, entitled "Denton Telecommunications Zon- ing Regulations," Sections 35-415 to 35-426, inclusive, which shall be and read as follows ARTICLE XI. DENTON TELECOMMUNICATIONS ZONING REGULATIONS Sec 35-415. Wireless Telecommunications Facilities (a) Purpose The purpose of this section is to establish guidelines regulating the location of telecommunication towers and antennas with the objective of minimizing their number, to protect and promote public safety, and to mitigate any adverse visual impacts on the community while promoting the provision of telecommunications service to the public (b) Compliance with Telecommunications Act The regulations contained in this ordinance have been developed under the following general guidelines as provided in the federal Telecommunications Act of 1996 (1) Cities have local authority over "placement, construction, and modification" of cellu- lar telephone facilities and other personal wireless telecommunication service facili- ties s wur Dxomrnb�q�JlnrmmWgTelewmmmclWon ON n Erc (2) Regulations "shall not unreasonably discriminate among providers of functionally equivalent services " (3) Regulations "shall not prohibit or have the effect of prohibiting the provision of per- sonal wireless services " (4) "Denial shall be in writing and supported by substantial evidence " (5) Cities may not "regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental or radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission regulations concerning such emissions " Notwithstanding any other provision of this ordinance, telecommunications towers and antennas, when permitted by federal law and the laws of the State of Texas, shall be regu- lated and governed by the following use regulations and requirements Sec.35-416. Goals The goals of this ordinance are to (1) Protect residential areas and land uses from potential adverse impacts of towers and antennas, (2) Encourage the location of towers in non-residential areas, (3) Minimize the total number of towers throughout the community, (4) Encourage the joint use of new and existing tower sites as a primary option, rather than construction of additional single -use towers, (5) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal, (6) Encourage users of towers and antennas the adverse visual impact through careful novative camouflaging techniques, to configure them in a way that minimizes design, siting, landscape screening, and in- (7) Enhance the ability of providers of telecommunications services to provide such ser- vices to the community quickly, effectively, and efficiently, and (8) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures Page 2 S �Ovr DocumaMW NNoiw.W UTelaavmurclNan OrE M Grc See.35-417. Definitions Alternative Mounting Structure means a man-made tree, clock tower, church steeple, bell tower, utility pole, light standard, identification pylon, flagpole, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas Antenna means a structure or device used to collect or radiate electromagnetic waves, in- cluding directional antennas, such as panels, wireless cable and satellite dishes, and omm- directional antennas, such as whips, but not including satellite earth stations Antenna Array means an arrangement of antennas and their supporting structure Antenna, Dash means a parabolic bowl shaped device that receives and/or transmits sig- nals in a specific directional pattern Antenna, Panel means an antenna which receives and/or transmits signals in a directional pattern Antenna, Stealth means a telecommunications antenna that is effectively camouflaged or concealed from view Antenna, Telecommunications means an antenna used to provide a telecommunications service This excludes lightning rods, private mobile radio systems, amateur radio antennas less than 50 feet (15 meters) in height and whip antennas less than 4 inches (10 cm) in diameter and less than 10 feet (3 meters) in height Antenna, Whip means an omm-directional dipole antenna of cylindrical shape which is no more than 6 inches (15 cm) in diameter Co -location means a single telecommunications tower and/or site used by more than one telecommunications service provider EIA-222 means Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures " FAA means the Federal Aviation Administration or any successor agency FCC means the Federal Communications Commission or any successor agency Ifeight means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or structure, including the base pad and any antenna Identification Pylon means a permanent ground mounted sign consisting solely of a sin- gle monolithic structure used to identify a development Page 3 3 WurOaumweWrtlloawaP.W�Taloo®numAYbn ON M3Ea Structure means an object, including a mobile object, constructed or installed by man, including; but not limited to, buildings, poles, water towers, cranes, smokestacks, earth forma- tions, and overhead transmission lines Telecommunications means the transmission, between or among points specified by the user, of audio and/or visual information of the user's choosing, without change in the form or content of the information as sent and received Telecommunications Service means the offering of telecommunications for a fee directly to the public, or to such classes of users to be effectively available directly to the public, regard- less of the facilities used Tower, Electric Transmission means a self-supporting structure in excess of 50 feet (15 meters) in height designed to support high voltage electric Imes This does not include local util- ity or distribution poles (with or without transformers) designed to provide electric service to in- dividual customers Tower, Guyed means any telecommunications tower supported in whole or in part by ca- bles anchored to the ground Tower, Height means the distance measured from grade to the highest point of any and all components of the structure, including antennas, hazard lighting, and other appurtenances, if any Tower, Monopole means a self-supporting telecommunications tower which consists of a single vertical pole fixed into the ground and/or attached to a foundation Tower, Self-supporting Lattice means a telecommunications tower which consists of an open network of metal braces forming a tower which is usually triangular or square in cross- section Tower, Telecommunications means a self-supporting or guyed structure more than 20 feet (6 meters) in height, built primarily to support one or more telecommunications antennas Sec.35-418. Applicability (a) New Towers and Antennas All new towers and antennas within the corporate limits of the City shall be subject to these regulations, except as provided in Sections 35-418(b) through (c), inclusive (b) Amateur Radio Station Operators/Receive Only Antennas This ordinance shall not gov- ern any tower or installation of any antenna that is under 70 feet in height and is owned and operated by a federally -licensed amateur radio station operator or is used exclusively for receive only antennas (c) Pre-existing Towers or Antennas Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this ordinance, except the requirements of Sec- tion 35-420(a), (b), and (h) Page 4 S \Our CocummuwNiunwc`�TulapummuluJun ON N3 din Sec 35-419. General Provisions (a) Applications All applications for rezoning or a Special Use Permit (SUP) for a tele- commumcations tower, antenna, or other facility to provide a telecommunications service shall include a completed supplemental information form provided by the City regarding said facilities In addition to any information required for applications for a SUP pursu- ant to this chapter, applicants for a SUP for a telecommunications tower or antenna or other such facility shall submit the following information (1) A detailed master antenna plan, clearly indicating the location of the proposed tower, on -site land uses and zoning, adjacent land uses and zoning, and other information deemed necessary by the Director of Planning (2) A legal description of the property and leased land, if applicable (3) The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties (4) The separation distance from other towers shown on an updated site plan or map (5) A landscape plan showing specific landscape materials (6) Method of fencing and finished color and, if applicable, the method of camouflage and illumination (b) Platted Lots Unless an exception is granted by the Planning and Zoning Commission, telecommunications facilities requiring rezoning or a SUP, including towers and related equipment buildings, shall be located on a platted lot (c) Technical Assistance When a rezoning or SUP is required to comply with the provisions of this section, and when the technical information provided by the applicant is beyond the technical capacity of City staff to review, the applicant, in addition to the usual appli- cation fee, shall reimburse the City for the actual cost to the City for the services of a technical expert to review the application and/or information supplement, up to a maxi- mum of $5,000 (d) Pre -application Meetings Prior to leasing or purchasing facilities, the telecommunica- tions service provider is encouraged to meet with the Director of Planning or his or her designee to determine if the location will require a SUP or other approvals, and to review the merits of potential locations (e) Master Antenna Plan To facilitate co -location and coordination of telecommunication sites, the City shall, within 30 days of its effective date, notify the providers of telecom- munications services, as that term is defined by federal law, of the enactment of this ordi- nance Said providers shall, within 90 days of the date of such notice, provide the City with their respective master antenna plans Said plans shall include detailed maps, show - Page 5 s w�. uxummuwiNnme..warmaaomuodn�m Om m a«. mg the locations and characteristics of all telecommunications towers and antennas serv- ing any portion of the City and indicating coverage areas for current and, to the extent possible, future telecommunications towers and antennas Providers shall also provide the City with any updates to the above documents within 90 days of their creation Sec 35-420. Telecommunications Tower Standards (a) Applicable Federal and State Standards All telecommunications towers and antennas shall be erected and operated in compliance with current FCC and FAA rules and regula- tions and other applicable federal, state, and local standards If such standards and regu- lations are changed, then the owners of the towers and antennas governed by this ordi- nance shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency (b) Structural Standards Telecommunications tower structures must conform to the most current revision of EIA 222 standards Guyed telecommunications towers shall be de- signed and located so that if the structure should fall it would avoid habitable structures and public streets To insure structural integrity, the owners of the tower shall ensure that it is maintained in compliance with all applicable provisions of Chapter 28 `Building and Building Regulations" and all applicable state or local building codes and safety regula- tions, as well as the regulations published by the Electronic Industries Association (EIA) as amended from time to time If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with these standards (c) Co -location Towers shall be designed and built to accommodate a minimum of two cel- lular or PCS providers, if over 75 feet (23 meters) in height The owner of the tower must certify to the City that the tower is available for use by other telecommunications service providers on a reasonable and nondiscriminatory basis (d) Fencing Security fencing shall be installed by a wrought iron or steel chain link fence with evergreen hedge, or a masonry wall, each not less than 6 feet (1 8 meters) in height The exterior of equipment buildings and/or metal equipment cabinets visible from resi- dential areas or public rights -of -way must have a neutral aggregate finish or be painted to reflect the color and character of adjoining structures or blend with adjacent landscaping and other surroundings (e) Setbacks All telecommunication towers as well as guys and guy anchors shall be located within the buildable area of the lot and not within the front, rear, or sideyard building set- backs Telecommunication towers in excess of 400 feet (120 meters) in height shall be set back a minimum of 2,600 feet (800 meters) from the right-of-way of all controlled ac- cess federal and state roadways designated as freeways to provide unobstructed flight paths for helicopters Page 6 s wur ON Q Jx (f) Signage Except as otherwise permitted in this ordinance, no signage, lettering, symbols, images, or trademarks in excess of 200 square inches (1,290 square cm) shall be placed on or affixed to any part of a telecommunications tower, antenna, antenna array, equip- ment building, or security fencing other than as required by FCC regulations or other ap- plicable law (g) Lighting Except as otherwise permitted in this ordinance, no signals, lights, or illumina- tion of any kind shall be permitted on or directed toward any tower unless required by the FCC, the FAA, or other appropriate public authority (h) Abandonment In the event the use of any Wireless Communication Facility, which would include any telecommunications tower or other antenna support structure, has been discontinued for a period of 360 days, the antenna support structure shall be deemed to be abandoned Determination of the date of abandonment shall be made by the Building Of- ficial, who shall have the right to request documentation from the owner/operator regard- ing the issue of usage Upon the termination of abandonment, the owner/operator of the antenna support struc- ture shall remove same within 90 days of receipt of notice from the Building Official no- tifying the owner/operator of such abandonment If said antenna support structure is not removed within 90 days, the Building Official may cause it to be removed at the owner's expense Sec. 35-421. Tower Location Standards (a) Historical/Cultural Except for compatible alternative mounting structures that effec- tively camouflage or conceal the presence of telecommunications antennas, telecommu- mcations facilities should not be located on or within 300 feet (90 meters) of property zoned historic or property included in a national or local historic district In addition, said facilities should, wherever possible, be located so as to ensure that historic or cultur- ally significant vistas, and landscapes are protected and that the views of and vistas from architecturally and/or historically significant structures are not impaired or diminished (b) Residential Zoning Except as otherwise provided in this ordinance, telecommunications towers are not permitted in any residential zoning district and must be a minimum of a 3 to 1 distance to height ratio from a single family residential district and 1 to 1 distance to height ratio from a multifamily district (c) Towers Permitted by Right Free standing monopole telecommunications towers 85 feet (26 meters) or less in height are permitted in the non-residential districts (except for Cen- tral Business District) indicated in Division 2 "Use Regulations" and other applicable sections of this chapter (d) Towers Requiring a Special Use Permit (SUP) All telecommunication towers to be lo- cated in the Central Business District are permitted with a SUP Except as otherwise provided in this ordinance, telecommunication towers in excess of 50 feet (15 meters) in Page 7 S \Our DacwomuW.Nnmw. W O.Telaaomwoinlon Own Lac height and monopole towers in excess of 85 feet (26 meters) in height are permitted in the non-residential districts, indicated in this ordinance with a SUP (e) Tower Spacing Any new telecommunications tower in excess of 180 feet (55 meters) in height must be located a mimmum of 1 mile (1 6 km) from any existing tower in excess of 180 feet (55 meters) in height (f) Alternative Mounting Structures (1) New Alternative Mounting Structures 100 feet (30 meters) or less in height are per- mitted, by right, in the non-residential districts indicated in Division 2 "Use Regula- tions" and other applicable sections of this chapter (2) New Alternative Mounting Structures in excess of 100 feet (30 meters) in height are permitted in the non-residential districts indicated in Division 2 "Use Regulations" and other applicable sections of this chapter with a SUP (3) All New Alternative Mounting Structures located in the residential zoning districts indicated in Division 2 "Use Regulations" and other applicable sections of this chap- ter shall require a SUP (4) Alternative Mounting Structures must be similar in color, scale, and character to ad- joining buildings or structures or blend with the landscaping and other surroundings immediately adjacent to them so as to generally avoid the creation of unique visual objects that stand out in the environment Sec 35-422. Antenna Mounting Standards The purpose of this section is to promote public safety and maintain order and harmony within the City's business, cultural, and residential districts by restricting the size and location of telecommunication antennas The objective is to avoid the creation of visual distractions, pre- vent obstructions to the view of pedestrians and motorists on public thoroughfares, and to insure the structural integrity of supporting structures Whip and Panel Antenna Mounting Standards (a) Individual telecommunications antennas are allowed on existing electric utility poles, light standards, and telecommunication towers in excess of 40 feet (12 meters) in height, provided that the total length of any antenna does not exceed 15 percent of the height of the structure The height of a telecommunications tower is determined by the highest point of any and all components of the structure, including antennas (b) Telecommunications antennas and arrays are allowed by right on existing electric trans- mission towers Page 8 5 Wue OouumaN`gNinusw\OR.TWaammmclulou oN n arc (c) Existing structures in excess of 50 feet (15 meters) in height may, as a matter of right, be rebuilt, if necessary, to support or contain a new antenna, provided that the new structure is the same height and substantially the same in appearance as the structure it replaces (d) Building mounted panel antennas are permitted on non-residential buildings and multi- family dwellings in all zoning districts, provided that they are mounted flush with the ex- terior of the building and that they do not project above the roof line, nor more than 30 inches (75 cm) from the surface of the building to which they are attached The an- tenna's appearance shall be such that its color and texture blends with the surrounding surface of the building (e) Whip antennas are permitted on non-residential buildings and multi -family dwellings in all zoning districts, provided that the total length of said whip antennas, regardless of mounting method or location, does not exceed 15 percent of the height of the building (f) Only one building/roof mounted antenna support structure, less than 100 square feet (9 square meters) in area, is permitted per 5,000 square feet (450 square meters) of building floor area Sec 35-423. Dish Antenna Mounting Standards (a) Dish antennas shall not be permitted in any front setback area or sideyard setback adja- cent to any roadway (b) Ground mounted dish antennas in excess of 5 feet (1 5 meters) in height shall be screened from roadways and adjacent property by a minimum 6 foot (1 8 meter) high screening fence, evergreen hedge, or masonry wall (c) Dish antennas in excess of 10 feet (3 meters) in height or more than 10 feet (3 meters) in diameter shall not be permitted in any residential zoning district (d) Building/roof mounted dish antennas 1 meter or less in diameter are permitted in all zon- ing districts indicated in Division 2 "Use Regulations" and other applicable regulations of this chapter (e) Building/roof mounted dish antennas 2 meters or less in diameter are permitted on all buildings in excess of 5,000 square feet (450 square meters) of building floor area in the non-residential districts indicated in Division 2 "Use Regulations" and other applicable regulations of this chapter (f) Only one building/roof mounted dish antenna, 2 meters or less in diameter, is permitted per 5,000 square feet (450 square meters) of building floor area on non-residential build- ings and on multi -family dwellings in the residential zoning districts indicated in Division 2 "Use Regulations" and other applicable regulations of this chapter (g) Building/roof mounted dish antennas in excess of 2 meters in diameter may be permitted on buildings in excess of 100,000 square feet (9,000 square meters) of building floor area Page 9 s wur OoonmwYW Nlnmw� W.TNawommsl W an OA 0 arc in the non-residential districts indicated in Division 2 "Use Regulations" and other appli- cable regulations of this chapter (h) Building/roof mounted dish antennas in excess of I meter in diameter in residential zon- ing districts shall be painted to have an appearance that blends with the buildmg on which they are located or to be located so that they are not visible from any adjacent roadway (1) Building/roof mounted dish antennas in excess of 2 meters in diameter in non-residential districts shall be painted or screened with enclosures so as to have an appearance that blends with the building on which they are located or to be located so that they are not visible from any adjacent roadway Sec. 35-424. Structural Certification Prior to the installation of any building/roof mounted telecommunications antenna, an- tenna array, or support structure the City's Building Official shall be provided with an engineer's certification that the structure will support and not be adversely affected by the proposed antenna and associated equipment Sec 35-425. Appeal Any entity that desires to erect or utilize telecommunication facilities that wishes to pre- sent evidence that such entity would be limited by the current ordinances or regulations of the City dealing with zoning and land use may apply for such use under this section The City Council shall, upon a showing that strict application of regulations would prohibit or have the effect of prohibiting personal wireless service, as defined by federal law, modify the subject regulations, consistent with the spirit and intent of this chapter and section, to the extent neces- sary to prevent the prohibition Sec 35-426. Violation Deemed Nuisance In addition to the penalties provided in this code, any violation of this subchapter is hereby declared to be a nuisance In addition to any other relief provided by this subchapter, the City may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this article, and other available relief SECTION 11 That any person violating any provision of this ordinance shall, upon con- viction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate offense SACTION III That nothing in this ordinance shall be construed as a waiver of the City's right to bring a civil action to enforce the provisions of this chapter and to seek remedies as al- lowed by law, including, but not limited to the following (a) injunctive relief to prevent spe- cific conduct that violates the ordinance or to require specific conduct that is necessary for com- pliance with the ordinance, and (b) a civil penalty up to $1,000 00 a day when it is shown that the defendant was actually notified of the provisions of the ordinance and after receiving notice Page 10 3 Da Oo cans\q,Wourtd Talaommu WW 00#2 dx committed acts in violation of the ordinance or failed to take action necessary for compliance with the ordinance S_,ECTION IV That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, the City Council of the City of Denton hereby declares that they would have enacted such remaining portions despite any such validity SECTION V That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict only SECTION VI That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordi- nance to be published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the day of W_L, 2000 ATTEST; JENNIFER WALTERS, CITY SECRETARY :) AS TO LEGAL FORM L PROUUTY, CITY ATTORNEY Im zId7,6C►<-, EULINE BROCK, MAYOR Page 11 s w�. o�emw.wodn.Kawmruaummwtl.von ore n aac