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2000-261 O DINANCE NO d ?OO- / 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- FECTWE 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- mclpal 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 Or&nances of the City be and the same is hereby amended by adding a new Article XI, entitled "Denton Telecommumcations 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 FacthUes (a) Purpose The purpose of this section is to establish guidelines regulating the location of telecommumcatlon 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 commumty while promoting the provision of telecommunications service to the public (b) Comphance with Telecommumcattons Act The regulations contmned in this ordinance have been developed under the following general guidelines as provided in the federal Telecommumcatlons Act of 1996 (1) Cities have local anthonty over "placement, construction, and modification" of cellu- lar telephone facilities and other personal wireless telecommunication service faeth- ties (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 m 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 &Texas, shall be regu- lated and governed by the following use regulations and requirements Sec. 35-416. Goals The goals of this orchnance are to (1) Protect residential areas and land uses from potential adverse impacts of towers and antennas, (2) Encourage the location of towers m non-resldentml areas, (3) Mlmmize the total number &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, m areas where the adverse impact on the community is minimal, (6) Encourage users of towers and antennas to configure them in a way that mnnmlzes the adverse visual impact through careful design, siting, landscape screening, and in- novative camouflaging techniques, (7) Enhance the ability of providers of telecommnnlcatlons services to provide such ser- vines to the community quickly, effectively, and efficiently, and (8) Avoid potential damage to adjacent properties from tower failure through englneenng and careful siting of tower structures Page 2 Sec. 35-417. Definitions Alternative Mounttng Structure means a man-made tree, clock tower, church steeple, bell tower, utlhty pole, hght standard, ldentfficatmn pylon, flagpole, or s~mdar structure, designed to support and camouflage or conceal the presence of telecommunmatlons antennas Antenna means a structure or dewce used to collect or radmte electromagnetic waves, m- eluding d~rectlonal antennas, such as panels, w~reless cable and satelhte thshes, and omm- d~rectlonal antennas, such as wh~ps, but not including satelhte earth statmns Antenna Array means an arrangement of antennas and their supporting structure Antenna, Dtsh means a parabohc bowl shaped devine that receives and/or transmits s~g- nals ~n a specific d~rect~onal pattern Antenna, Panel means an antenna whmh receives and/or transmits signals ~n a threctlonal pattern Antenna, Stealth means a teleeommumcatmns antenna that is effectively camouflaged or concealed from wew Antenna, Telecommumcattons means an antenna used to prowde a telecommumcatmns servme Ttus excludes hghtmng rods, pnvate mobile radio systems, amateur radm antennas less than 50 feet (15 meters) m height and whip antennas less than 4 roches (10 cm) m thameter and less than ,10 feet (3 meters) ~n height Antenna, Yr'htp means an omm-dlrectmnal d~pole antenna of cyhndncal shape which is no more than 6 ~nches (15 cra) ~n d~ameter Co-locatton means a s~ngle telecommumcat~ons tower and/or site used by more than one telecommtm~cat~ons service provider EIA-222 means Electromcs Industries Assocmtmn Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures" FAd means the Federal Awat~on Adnnmstrat~on or any successor agency FCC means the Federal Commnnlcat~ons Commission or any successor agency Height means, when refernng to a tower or other structure, the d~stance measured from the fimshed grade of the parcel to the highest point on the tower or structure, ~nclud~ng the base pad and any antenna Ident~ficatton Pylon means a permanent ground mounted sign consisting solely of a s~n- gle monohthm structure used to ~dentffy a development Page 3 Structure means an object, mcludmg a mobile object, constructed or installed by man, including,I but not hm~ted to, bmldmgs, poles, water towers, cranes, smokestacks, earth forma- tions, and overhead transnnss~on lines Telecommumcattons means the transmission, between or among pmnts specffied by the user, of audio and/or wsual mformat~on of the user's choosing, without change m the form or content of the reformation as sent and received Telecommumcattons Servtce means the offenng of telecommunications for a fee d~rectly to the pubhc, or to such classes of users to be effectively avmlable d~rectly to the public, regard- less of the facxl~t~es used Tower, Electrtc Transmtsston means a self~supporting structure in excess of 50 feet (15 meters) in hexght designed to support h~gh voltage electric lines This does not include local utll- xty or distribution poles (w~th or without transfonmers) designed to provide electric serwce to m- dlwdual customers Tower, Guyed means any telecommumcatlons tower supported m whole or in part by ca- bles anchored to the ground Tower, Height means the d~stance measured from grade to the h~ghest point of any and all components of the structure, including antennas, hazard hghtlng, and other appurtenances, if any Tower, Monopole means a self. supporting telecommunications tower whxch consxsts of a s~ngle vertical pole fixed anto the ground and/or attached to a foundation Tower, Self-supporting Latttce means a telecommumcatlons tower which consists of an open network of metal braces forming a tower which is usually triangular or square in cross- section Tower, Telecommumcanons means a self-support~ng or guyed structure more than 20 feet (6 meters) ~n height, bmlt pnmanly to support one or more telecommumcatmns antennas Sec. 35-418. Applicability (a) New Towers and Antennas All new towers and antennas w~thm the corporate hmits of the City shall be subject to these regulations, except as prowded m Seetmns 35-418(b) through (c), mclus~ve (b) Amateur Radto Station Operators/Recetve Only Antennas Th~s ordinance shall not gov- ern any tower or ~nstallation of any antenna that is under 70 feet in height and is owned and operated by a federally-hcensed amateur radio station operator or is used exclusively for receive only antennas (c) Pre-extsttng Towers or Antennas Pre-existing towers and pre-existing antennas shall not be reqmred to meet the reqmrements of th~s ordinance, except the requirements of Sec- tlon 35-420(a), (b), and (h) Page 4 Sec 35-419. General Provisions (a) Apphcattons All apphcat~ons for rezomng or a Special Use Pernnt (SUP) for a tele- commumcatlons tower, antenna, or other facd~ty to prowde a telecommumcat~ons service shall include a completed supplemental mformat~on form prowded by the C~ty regarding said facd~ties In addmon to any mformat~on reqmred for apphcat~ons for a SUP pursu- ant to this chapter, applicants for a SUP for a telecommumcat~ons tower or antenna or other such facility shall submit the following reformation (1) A detailed master antenna plan, clearly md~cat~ng 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 Planmng (2) A legal dasenpt~on of the property and leased land, if apphcable (3) The setback d~stance between the proposed tower and the nearest residential nn~t, platted residentially zoned properties, and unplatted residentially zoned properties (4) The separation d~stance 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, ~f apphcable, the method of camouflage and dlummat~on (b) Platted Lots Unless an exception is granted by the Planning and Zoning Commission, telecommnnleat~nns facd~t~es requmng rezomng or a SUP, ~ncludlng towers and related equipment buddings, shall be located on a platted lot (c) Technwal Asststance When a rezomng or SUP ~s reqmred to comply with the provisions of this sectmn, and when the teetmlcal mformat~on provided by the apphcant ~s beyond the teehmeal capacity of C~ty staff to rewew, the apphcant, ~n addition to the usual apph- eatmn fee, shall reimburse the C~ty for the actual cost to the C~ty for the services of a techmeal expert to rewew the appheat~on and/or ~nformat~on supplement, up to a max~- mum of $5,000 (d) Pre-apphcatton Meettngs Prior to leasing or purchasing fatalities, the telecommunica- tions service provider is encouraged to meet with the D~rector of Plarmlng or h~s or her demgnee to determine if the location will reqmre a SUP or other approvals, and to review the merits ofpotentml locations (e) Master Antenna Plan To facilitate co-location and coordination of teleeommumcat~on sltes, the C~ty shall, w~thm 30 days of ~ts effective date, notify the providers of telecom- mumcatlons services, as that term ~s defined by federal law, of the enactment ofth~s ordi- nance Said prowders shall, within 90 days of the date of such not,ce, provide the C~ty w~th their respective master antenna plans Smd plans shall include detmled maps, show- Page 5 lng the locations and characteristics of all telecommunications towers and antennas serv- ing any portion of the City and ~ndlcat~ng coverage areas for current and, to the extent possible, future telecommunications towers and antennas Providers shall also provide the City w~th any updates to the above documents w~thm 90 days of their creation Sec 35-420. Telecommunications Tower Standards (a) Apphcable Federal and State Standards All telecommumcations towers and antennas shall be erected and operated m compliance w~th current FCC and FAA rules and regula- tmns and other appheable 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 ~nto compliance w~th such rewsed standards and regulatmns withm six months of the effective date of such standards and regulations, unless a different comphance schedule is mandated by the controlhng state or federal agency (b) Structural Standards Teleeommnnmatlons tower structures must conform to the most em'rent revision of EIA 222 standards Guyed telecommumeat~ons towers shall be de- signed and located so that if the structure should fall ~t would avoid habitable structures and pubhc streets To insure structural integrity, the owners of the tower shall ensure that ~t is mamt0aned ~n comphance w~th all apphcable prowsions of Chapter 28 "Bufldmg and Building Regulatmns" and all apphcable state or local building codes and safety regula- tions, as well as the regulations pubhshed by the Electronic Industries Association (EIA) as amended from time to time If, upon inspection, the C~ty 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-locatton Towers shall be designed and bmlt to accommodate a mnnmum of two cel- lular or PCS providers, ~f over 75 feet (23 meters) m height The owner of the tower must certify to the City that the tower ~s available for use by other telecommumcat~ons service providers on a reasonable and nondiscriminatory basis (d) Fencing Security fencing shall be installed by a wrought ~ron or steel chmn link fence w~th evergreen hedge, or a masonry wall, each not less than 6 feet (1 8 meters) m height The exterior of eqmpment bmldmgs and/or metal eqmpment cabinets visible from rest- dentrol areas or pubhc rights-of-way must have a neutral aggregate fimsh or be painted to reflect the color and character of adjmmng structures or blend with adjacent landscaping and other surroundings (e) Setbacl~ All telecommunication towers as well as guys and guy anchors shall be located within the bufldable area of the lot and not within the front, rear, or s~deyard building set- backs Telecommumeatlon towers m excess of 400 feet (120 meters) ~n 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 (f) Stgnage Except as otherwise permitted in this ordinance, no slgnage, lettering, symbols, images, or trademarks in excess of 200 square inches (1,290 square cra) 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) Lzghtmg Except as otherwise permitted m this ordinance, no signals, lights, or illumina- tion of any land 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 Bmldlng 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- tlfymg the owner/operator of such abandonment If smd antenna support structure is not removed within 90 days, the Bmlding 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- rotations 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, sad facilities should, wherever possible, be located so as to ensure that historic or cultur- ally slgmficant 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 Zonmg Except as otherwise provided in this ordinance, telecommunications towers are not permitted in any residential zomng district and must be a mlnlmnm of a 3 to 1 distance to height ratio from a single rarely residential district and 1 to 1 distance to height ratio from a multlfamdy 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, telecommumcatlon towers In excess of 50 feet (15 meters) in Page 7 height and monopole towers ~n excess of 85 feet (26 meters) ~n height are permitted ~n the non-res~dential d~stncts, indicated m th~s ordinance w~th a SLIP (e) Tower Spactng Any new telecommumcat~ons tower ~n excess of 180 feet (55 meters) ~n height must be located a m~mmum of 1 mile (1 6 km) from any ex~stlng tower m excess of 180 feet (55 meters) ~n height (f) Alternattve Mounttng Structures (1) New Alternative Mounting Structures 100 feet (30 meters) or less ~n height are per- untted, by right, m the non-remdentml d~stncts ~ndmated m D~ws~on 2 "Use Regula- tions'' and other apphcable sections of this chapter (2) New Alternative Monnt~ng Structures ~n excess of 100 feet (30 meters) ~n height are penmtted ~n the non-res~dentml d~stncts lnchcated in D~ws~on 2 "Use Regulations" and other applicable sections ofth~s chapter w~th a SUP (3) All New Alternative Mounting Structures located ~n the residential zomng d~stncts mdmated ~n D~ws~on 2 "Use Regulations" and other apphcable sections of th~s chap- ter shall require a SUP (4) Alternative Motmtmg Structures must be s~m~lar ~n color, scale, and character to ad- jommg bmldmgs or structures or blend w~th the landscaping and other surronnd~ngs ~mmediately adjacent to them so as to generally avoid the creation of umque visual objects that stand out m the environment Sec 35-422. Antenna Mounting Standards The purpose of th~s section ~s to promote pubhc safety and mmntmn order and harmony wlthm the C~ty's bus~ness, cultural, and residential d~stncts by restnctmg the s~ze and location of telecommunication antennas The objective ~s to avmd the creation of wsual d~s~'act~ons, pre- vent obstructions to the v~ew of pedestrians and motorists on pubhc thoroughfares, and to msure thc structural integrity of supportmg structures Whtp and Panel Antenna Mounttng Standards (a) Ind~wdual telecommunications antennas are allowed on ex~stmg electric utlhty poles, light standards, and telecommnnmat~on towers m excess of 40 feet (12 meters) ~n height, provided that the total length of any antenna does not exceed 15 percent of the height of the structure The height of a telecommumcat~ons tower ~s determmed by the highest pomt of any and all components of the structure, including antennas (b) Telecommunmat~ons antennas and arrays are allowed by right on ex~stmg electric trans- mission towers Page 8 (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 zomng districts, provided that they are mounted flush with the ex- tenor of the bmldang and that they do not project above the roof line, nor more than 30 inches (75 em) 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 bufldang (e) Wh~p antennas are permitted on non-residential buildings and mulu-famfly dwellings in all zomng 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) m area, is permitted per 5,000 square feet (450 square meters) ofbufldang floor area Sec 35-423. Dish Antenna Mounting Standards (a) D~sh antennas shall not be permitted in any front setback area or sldeyard setback adja- cont to any roadway (b) Ground mounted dash antennas m excess of 5 feet (1 5 meters) ~n height shall be screened from roadways and adjacent property by a minimum 6 foot (1 8 meter) high screemng 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 daameter shall not be permitted ~n any residential zoning district (d) Bmkhng/roof mounted dash 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) Braiding/roof mounted dish antennas 2 meters or less in diameter are permitted on all bmldangs in excess of 5,000 square feet (450 square meters) of building floor area in the non-residential dastncts lndacated in Dlmsmn 2 "Use Regulations" and other apphcable 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 bufldang floor area on non-residential braid- ings and on multi-family dwellings in the residential zoning districts indicated in Division 2 "Use Regulations" and other applicable regulations of thru chapter (g) Building/roof mounted dash antennas in excess of 2 meters in diameter may be permitted on bmldmgs in excess of 100,000 square feet (9,000 square meters) of building floor area Page 9 in ,the non-residential districts indicated in Division 2 "Use Regulations" and other apph- cable regulations of this chapter (h) Building/roof monnted dish antennas In excess of I meter in diameter m residential zon- Ing districts shall be pmnted 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 (1) Budding/roof mounted dish antennas in excess of 2 meters in diameter in non-residential dlstnets 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 See. 35-424. Structural Certification Prior to the installation of any building/roof mounted telecommunications antenna, an- tenna array, or support structure the City's Budding Ofliclal 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 See 35-425. Appeal Any entity that desires to erect or utilize telecommunicat~nn facthtles that wishes to pre- sent ewdence that such entity would be hmlted by the current ordinances or regulations of the City dealing with zomng and land use may apply for such use under this section The City Courted shall, upon a showing that strict appheation 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 th~s 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 flus article, and other available relief SECTION II That any person violating any prowslon of th~s ordinance shall, upon con- vletlon, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance ~s wolated shall constitute a separate offense SECTION III That nothing m this ordinance shall be construed as a waiver of the City's right to bnng a elwl aetxon to enforce the provisions of this chapter and to seek remedies as al- lowed by law, including, but not hmated to the following (a) ~njunctlve rehef to prevent spe- cific conduct that wolates the ordinance or to reqmre specific conduct that ~s necessary for com- phance with the ordinance, and (b) a c~vfl 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 committed acts m molat~on of the ordinance or fmled to take action necessary for comphance wxth the ordinance SECTION IV That ff any section, subsection, paragraph, sentence, clause, phrase, or word ~n th~s ordinance, or apphcatxon thereof to any person or Clmumstance is held mvahd by any court of competent junsdlctton, such holding shall not affect the valxdlty of the remaxnmg portions of thxs ordinance, the Cxty Council of the Cxty of Denton hereby declares that they would have enacted such remmmng portxons despite any such vah&ty SECTION V That all orchnances or parts of ordxnances ~n fome when the prowslons of th~s ordxnance became effective which are inconsistent or ~n conflict with the terms or prommons contmned m 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 xts passage, and the C~ty Secretary xs hereby dxrected to cause the caption of th~s ordi- nance to be pubhshed twine xn the Denton Record-Chromcle, a dmly newspaper pubhshed ~n the C~ty of Denton, Texas, w~th~n ten (10) days of the date of~ts passage PASSED AND APPROVED ttus the /~'~:~ day of _/~/~'~ , 2000 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY Page 11