HomeMy WebLinkAboutOrdinance No. 01-1328 CITY OF THE COLONY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF THE COLONY, TEXAS, AS HERETOFORE AMENDED, BY
ADDING SECTION 10C OF APPENDIX 'A'; PROVIDING
REGULATIONS FOR RADIO, TELEVISION, AND WIRELESS
COMMUNICATION FACILITIES; AMENDING SECTION 10-200 OF
APPENDIX A, ENTITLED SCHEDULE OF USES BY DISTRICT;
AMENDING SECTION 10-300 OF APPENDIX A ENTITLED
DEFINITIONS AND EXPLANATIONS APPLICABLE TO USE
SCHEDULE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING FOR SAVINGS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) PER
DAY FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMEED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony is desirous of promoting an overall policy
framework for the location and installation of Radio, Television and Wireless Communication
Facilities so as to minimize any negative or undesirable impacts; and
WHEREAS, all of the lands in the City of The Colony currently zoned for Shopping
Center "SC", General Retail "GR", Light Commercial "LC", Heavy Commercial "HC" and
Industrial 'T' zoning district classification, are relatively small tracts of land located in close
proximity to and in full view of existing single family neighborhoods; and
WHEREAS, the City of The Colony desires to promote and encourage the use of stealth
antenna facilities so as to protect and preserve the character and integrity of its single family
neighborhoods; and
WHEREAS, in accordance with law the Planning and Zoning Commission held a public
hearing on September 25, 2001, and considered the amendments to Appendix A, Zoning of the
City's Code of Ordinances, the same being the City's comprehensive zoning ordinance, to
provide regulations for the location and installation of Radio, Television and Wireless
Communication Facilities and made a recommendation to the City Council; and
WHEREAS, after due deliberations and consideration of the recommendation of the
Planning and Zoning Commission and the evidence, information and other materials submitted
and received at the public hearing and in connection therewith, the City Council of the City of
The Colony finds that it is in the public interest to amend the comprehensive zoning ordinance to
provide regulations for the location and installation of Radio, Television and Wireless
Communication facilities and further finds that such regulations will promote the health, safety,
and general welfare of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1.
AMEND TO ADD SECTION 10 Ct APPENDIX A
That the Zoning Ordinance is hereby amended by inserting a new Section 10 C, "Radio,
Television, and Wireless Communication Facilities" to read as shown in Exhibit "A" attached
hereto and incorporated herein in its entirety.
SECTION 2.
AMEND SECTION 10-200~ APPENDIX A
That Section 10-200 "Schedule of uses by district" of Appendix A, Zoning is hereby
amended to delete 'Radio, TV or microwave towers' and to add 'Radio, Television and
Communication Facilities' as follows:
S DT M M M M M P A P O ON SG L HI B
F H 1 2 3 4 H D 1 2 S CRC C P
o~;~ mxr ~; .......... N N N N N N N N S N $ S $ S $ N
Radio, Television or R E F E R T O S E C T I O N 1 O C
Communications Facilities
SECTION 3.
AMEND SECTION 10-300~ APPENDIX A
That Section 10-300 "Definitions and explanations applicable to use schedule" of
Appendix A, Zoning is hereby amended to delete item #20 "Radio, television or microwave
towers".
SECTION 4.
REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances, except for those instances where there are direct conflicts
with the provisions of this Ordinance. That all ordinances of the City, or parts thereof, that are in
conflict with the provisions of this Ordinance, are hereby repealed to the extent that they are
inconsistent with this Ordinance. All other ordinances of the City not in conflict with the
provisions of this Ordinance shall remain in full force and effect.
SECTION 5.
SAVINGS
All rights and remedies of the City of The Colony, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting radio, television, and
wireless communication facilities which have secured at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such Ordinances same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Ordinance, and the City Council hereby declares it would have passed such remaining portions of
this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 6.
PENALTY
Any person, firm or corporation violating any of the provisions of this ordinance or the
Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon
conviction in the Municipal Court of the City of The Colony, Texas, shall be punished by a fine
not to exceed the sum of Two Thousand Dollars ($2,000.00) per day for each offense, and each
and every day any such violation shall continue shall be deemed to constitute a separate offense.
SECTION 7.
PUBLICATION
The City Secretary of the City of the Colony is hereby directed to publish the Caption,
Penalty Clause, and Effective Date Clause of this Ordinance as required by law.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The City Secretary of the City of The Colony is hereby directed to engross and enroll this
Ordinance by copying the exaction Caption and Effective Date Clause in the official minutes of
the City Council of the City of The Colony, and by filing this Ordinance in the Ordinance records
of the City.
SECTION 9.
EFFECTIVE DATE
This ordinance shall take effect immediately after its passage and publication as provided
by law;
AND IT IS SO ORDAINED.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
19th day of November, 2001.
ua .'"' '"..~ lie-Shannon, Mayor
APPROVED AS TO FORM
~ Oh Hikel, CityAttomey
EXHIBIT "A"
Section 10 C "Radio, Television and Wireless Communication Facilities"
10C-100 Purpose: Radio, Television and Wireless Communications facilities used in
transmitting, and receiving signal energy are essential and promote the health,
safety, and general welfare of the citizens of the City. The purpose of this section is
to govern the placement of these facilities to:
1. Assure that their location and use do not compromise the aesthetic quality of
the community;
2. Encourage operators of antenna facilities and antennas to locate them in areas
where the adverse impact on the community is minimal;
3. Encourage co-location on both new and existing antenna facilities;
4. Encourage operators of antenna facilities and antennas to configure them in a
way that minimizes the adverse visual impact through careful design,
landscape screening, and innovative stealth techniques;
5. Enhance the ability of antenna facilities and antennas to provide services to the
community effectively and efficiently; and
6. Promote the aesthetic quality of the city as a significant aspect of the health,
safety, and general welfare of the community.
10C-200 Definitions: In this section the following definitions apply:
1. Amateur Radio Antenna: A radio communication antenna used by a person
holding an amateur station license from the federal communications
commission.
2. Antenna: A device used in communications, which transmits or receives
radio signals.
3. Antenna, Building Attached: Antenna attached to an existing structure in
two general forms: (1) roof-mounted, in which antennas are placed on the roofs
of buildings, or (2) building-mounted, in which antennas are placed on the
sides of buildings. These antennas may also be mounted on structures such as
water tanks, billboards, church steeples, electrical transmission towers, etc.
4. Antenna Facility: Any structure, monopole, tower, or lattice tower used to
support antennas.
5. Co-location: The act of locating wireless communications equipment for more
than one user on a single antenna facility.
6. Equipment Storage Building: An unmanned, single story equipment
building, used to house radio transmitters and related equipment.
7. Monopole: A self-supporting antenna facility composed of a single spire used
to support communications equipment or other visible items.
8. Satellite Receive-Only Antenna: An antenna that enables the receipt of
television signals transmitted directly from satellites to be viewed on a
television monitor. Such antennas are commonly known as a satellite dish,
television receive-only antenna, dish antenna, parabolic antenna, or satellite
earth station antenna.
9. Stealth Facility: An antenna facility that is virtually transparent or invisible to
the surrounding neighborhood. Stealth facilities may include totally enclosed
antennas, wireless facilities that replicate or duplicate the construction of
common structures such as flagpoles, clock towers, bell towers, steeples, man-
made trees, and light poles and camouflaged wireless facilities that are
constructed to blend into the surrounding environment.
10. TV Antenna: An antenna that enables the receipt of television signals
transmitted from broadcast stations.
10C-300 General Regulations: The following regulations apply to all antenna facilities and
antennas located within any district:
1. Equipment and Storage Building: An equipment storage building associated
with an antenna facility or an antenna shall be screened and landscaped as
described in other sections of this ordinance, or be incorporated into the stealth
treatment so that it is consistent with and complementary to the existing
structures and uses on the premises.
2. Driveway Surfaces: All driveways accessing any antenna facility site or
equipment storage site shall have concrete pavement constructed in accordance
with The City of The Colony paving standards.
3. Lights: No outdoor lighting shall be allowed on antennas located on
residentially zoned property except lights or lighting that is by required by the
Federal Aviation Administration or the Federal Communications Commission.
4. Limitations: Antenna facilities are limited to stealth facilities and monopoles
except where other facilities are allowed by this section.
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5. Antenna Facility Capacity: An antenna facility shall not have more than the
number and size of antennas attached to it than are allowed by the antenna
facility manufacturer's designs and specifications for maximum wind load
requirements.
6. Monopoles: No guy wires are permitted with the use ofmonopoles.
7. Co-location: All monopole antenna facilities shall be designed and
constructed so as to provide for the co-location of additional antenna facilities.
A Specific Use Permit (SUP) is not required to co-locate any additional
antennas on an existing structure or facility. However, an installation permit
referenced in Subsection 10C-900 shall be required.
8. Construction standards: A building permit must be obtained prior to the
construction or installation of a Radio, television and wireless communications
antenna. An antenna facility must be installed according to the manufacturer's
recommendations and under the seal of a Registered Professional Engineer of
the State of Texas.
9. Use and Repair: Antenna facilities and antennas not in use shall be removed
within thirty (30) days following notice given by the Building Official.
Antenna facilities or antennas in need of repair as determined by the Building
Official, shall be removed or brought into compliance within thirty (30) days
following notice given by the Building Official. This notice requirement shall
not preclude immediate action by Building Official if public safety requires it.
10. Contained on Property: No part of an antenna facility, antennas, or other
attachment may extend beyond the property lines of the lot on which the
antenna or antenna facility is located.
10C-400 Amateur Radio and TV Antennas: Amateur radio and TV antennas are permitted
as accessory uses in the A, SF, SF-1, SF-2, SF-4, D, TH, MF-1, MF-2, MF-3, MF-4,
and PD zoning districts.
Amateur radio and TV antennas must comply with the following regulations:
1. Antenna Facility Type: The antenna facility may be either building attached,
monopole or a stealth facility.
2. Number of Facilities per Lot: Only one antenna facility exceeding 35 feet in
height is permitted on each lot.
3. Height Limitations: An antenna facility, exclusive of the height of any
antenna or mast, shall not exceed thirty-five (35) feet in height; except that an
antenna facility shall be permitted additional height at the ratio of one (1)
added foot in height for each additional foot of setback beyond the minimum
setback required of an accessory building in the Zoning District Regulations to
a maximum height of sixty (60) feet in a residential district. A variance is
required for additional height.
4. Height Limit for Building Mounted Antenna: An antenna shall not extend
more than eight (8) feet above a building on which it is mounted.
5. Setbacks: The following minimum setbacks apply:
a. Antennas and antenna facilities shall not be permitted in front or side
yards.
b. Guy wires are not permitted in front yards.
c. Guy wires are permitted in required side and rear yards.
d. Setback for antenna facilities shall be the same as is required for accessory
buildings in residential districts.
6. Separation: There shall be no minimum or maximum separation requirements
for antenna facilities from other structures on the same lot of record;
7. Lights: No outdoor lighting above twelve (12) feet shall be allowed on
antenna facilities located on residentially zoned property, and no lights so
located shall be directed off one's property, except lights or lighting that is
required by the Federal Aviation Administration or the Federal
Communications Commission.
10C-500 Satellite Receive-Only Antennas Generally: A satellite receive-only antenna is
permitted as an accessory use under the following conditions:
1. The satellite receive-only antenna is not greater than one (1) meter in diameter:
all zoning districts; and
2. The satellite receive-only antenna is one (1) meter or greater in diameter, but
not greater than two (2) meters in diameter all nonresidential zoning districts.
10C-600 Satellite Receive-Only Antennas Greater Than One Meter in Diameter in
Residential Districts and Greater Than Two Meters in Diameter in
Nonresidential Districts are permitted as accessory uses if they comply with the
following regulations:
1. Number of Antennas per Lot: Only one satellite receive-only antenna per lot
of record.
2. Height: not exceeding ten feet in height.
3. Setbacks:
a. Front and side yards: Not permitted.
b. Rear yard: Minimum setback as required for accessory buildings in
residential districts and as for all buildings in nonresidential districts.
4. Separation: No minimum or maximum separation requirements for satellite
receive-only antennas from other structures on the same lot of record.
10C-700 Antenna Facilities (Other Than Amateur Radio, TV, and Satellite Receive-
Only-Antennas):
1. Co-location on existing or proposed structures:
i. Where it is feasible based on radio frequency coverage, the City of The
Colony encourages providers of communication services to co-locate
antenna facilities on an existing or proposed facility such as a water tower.
Antennas located on the water towers tend to have minimum visual impact
and at the same time provide services over a larger area. Co-location will
minimize the total number of sites and facilities required to serve the City
over the long term.
ii. In the case of an existing water tower a lease contract must be approved by
the City Council.
iii. Landscaping as described under the City Code of Ordinances Section
17A-300 C. 2., as amended, shall be required around base structures
associated with antenna facilities. Landscaping must be irrigated and
maintained in a living, growing condition. Wooden fences are prohibited
and wrought iron or chain link may only be used in conjunction with a
landscape screen.
2. Monopoles in designated locations:
i. It is the policy of the City of The Colony to encourage the location of
monopole antenna facilities, not to exceed 120 feet in height, in certain
designated locations so as to minimize the visual impact to established
single family neighborhoods.
ii. The following sites have been designated for monopole antenna facilities
based on their location and level of visual impact to the City and adjacent
properties:
(a) Sites located south of Office Creek, west of the Walmart store in the
vicinity of the utility transmission towers;
(b) Sites located west of and abutting the Railroad north of SH 121
currently zoned Planned Development for Light Industrial uses;
(c) The Wastewater Treatment Plant site situated east of Main Street in
the vicinity of East Lake Highlands Drive;
(d) Sites located along the TU easement within the Austin Ranch
Development South of SH 121; and
(e) Sites located East of Main Street and North of Overlake Drive.
iii. A Specific Use Permit shall be required for all monopole antenna facilities
to be located in the designated sites.
iv. Landscaping, as described under the City Code of Ordinances Section
17A-300 C. 2., as amended, shall be required around base structures
associated with monopole antenna facilities. Landscaping must be irrigated
and maintained in a living, growing condition. Wooden fences are
prohibited and wrought iron or chain link may only be used in conjunction
with a landscape screen.
v. Minimum setback from a public Right-of-Way is one (1) foot of setback
for every two (2) feet of antenna height.
vi. Minimum setback from a residential use or district is three (3) feet of
setback for every one (1) foot of antenna height.
vii. Monopoles in designated locations shall be spaced a minimum of three
hundred (300) feet apart measured in a straight line from point to point.
3. Stealth Antenna Facilities:
i. Stealth antenna facilities which are free standing and less than sixty (60)
feet in height may be located by right in the Multi family "MF-3 and "MF-
4", Office "Ool" and "O-2", Neighborhood Service "NS", Shopping Center
"SC", General Retail "GR", Light Commercial "LC", Heavy Commercial
"HC", Industrial 'T' and Business Park "BP" zoning districts.
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ii. Stealth antenna facilities over sixty (60) feet in height but not exceeding
75 feet in height, may be located in the same zoning districts with a
Specific Use Permit.
iii. Structures over sixty (60) feet in height shall be spaced five hundred (500)
feet apart measured in a straight line.
iv. Minimum setback from a single family use or district shall be three (3) feet
of setback to one (1) foot of antenna height.
v. Rooftop mounted antennas will not project more than eight (8) feet from
the structure of the roof.
vi. Landscaping as described under the City Code of Ordinances Section
17A-300 C. 2., as amended, shall be required around base structures
associated with stealth antenna facilities. Landscaping must be irrigated
and maintained in a living, growing condition. Wooden fences are
prohibited and wrought iron or chain link may only be used in conjunction
with a landscape screen.
4. Temporary antennas shall be allowed in the following instances:
i. In conjunction with a festival, carnival, or other activity requiring a special
event permit from the City of The Colony;
ii. In case of emergency as required by the City's Police or Fire Departments;
or
iii. When needed to restore service on a temporary basis after failure of an
antenna installation permitted in accordance with this Section. A
temporary antenna under this subsection may not be used in any one
location for more than thirty (30) consecutive days.
10C-800 Application: To properly evaluate an application to locate an antenna facility, the
following information must be provided by the applicant:
1. Describe the nature of the antenna site. Indicate whether the proposed structure
is a monopole or mounted to a self-supporting structure. Indicate the proposed
height.
2. Provide photos or drawings of all equipment, structures, and antennas.
3. Describe why the antenna or tower is necessary at the particular location.
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4. State the name(s) of the telecommunications providers or other users of the
antenna or tower and describe the use to be made by each user.
5. Indicate if this antenna or tower site is to be connected to other sites; and if so,
describe how it will be connected and who will be the back haul provider.
6. The applicant must address whether it has made an effort to co-locate the
facilities proposed for this antenna facility on existing antenna facilities in the
same general area. Identify the location of these existing sites, and describe in
detail these efforts and explain in detail why these existing sites were not
feasible. Attach all studies or tests performed which demonstrate why the
existing sites will not provide sufficient signal coverage. Provide written
documentation from existing sites owners and/or operators which confirm the
statements provided. Indicate whether the existing sites allow/promote
co-location and, if not, describe the reason(s).
7. If the requested location is in a residential district the applicant must address
whether it has made an effort to locate the facility in a nonresidential district.
Identify the location of these nonresidential district sites, describe in detail
these efforts, and explain in detail why these nonresidential sites were not
feasible. Attach all studies or tests performed which demonstrate why the
nonresidential sites will not provide sufficient signal coverage. Provide written
documentation from nonresidential district sites owners or operators which
confirm the statements provided.
8. Indicate the proposed provider's current coverage area for the City. Attach
maps showing the areas the proposed provider's existing antenna currently
covers, and the areas the applicant's existing sites and the requested site would
cover.
9. Describe the applicant's master antenna facilities plan for the City. Attach
maps and other related documentation. Provide information indicating each
phase of the plan.
10. Describe the applicant's plan to minimize the number of antenna facilities
needed to cover the City.
10C-900 Permit required:
i. All antenna facilities described in this Subsection shall require an installation
permit to be issued by the City's Director of Planning and Development.
ii. An application for a permit shall include detail drawings, descriptions and
specifications of all components including construction materials to be used.
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iii. In the case of installation on a water tower, the following submittal is required:
(a) Provide for cathodic protection.
(b) No mounting on handrails.
(c) Detail design of various components to be attached to the tower with
structural calculations prepared by a State of Texas Registered
Professional Engineer.
(d) Require annual inspection by a State of Texas Registered Professional
Engineer confirming that the original design and connection are upheld
and there is no deterioration of the installation or the Tower.
iii. Applicants shall be required to submit an engineering study describing
proposed equipment, specifications and operational radio frequencies and a
statement that the proposed equipment is compliant with Federal
Communication Commission rules and regulations and that there will be no
interference with any public safety or government communication service.
iv. The Director of Planning and Development may request any additional and
relevant information before issuing a permit.
10C-1000 Appeals: An applicant may appeal a decision of the Director of Planning and
Development for any antenna installation not requiring a Specific Use Permit to the
Planning and Zoning Commission by filing a Notice of Appeal within ten (10) days
following the date the Director notifies the applicant of his action. The Planning
and Zoning Commission may approve, conditionally approve, or deny an appeal.
Decisions of the Planning and Zoning Commission may be appealed to the City
Council for a final decision. A simple majority vote of the City Council will be
required to override the decision of the Planning and Zoning Commission.
Any entity that desires to locate or erect an antenna facility that would be limited by
the provisions of this Section may petition the Planning and Zoning Commission to
modify the ordinance. In determining the need to initiate an amendment to the
ordinance, the Commission shall consider the extent to which strict application of
these regulations would prohibit or have the effect of prohibiting communications
services.
10C-1001 Variance: The Planning and Zoning Commission may consider a request for a
variance from the requirements in this subsection and forward a recommendation to
the city council for its review. The decision of the city council on a request for a
variance shall be final. In considering a variance request the planning and zoning
commission and the City Council shall consider whether or not the evidence
presented in each specific case is sufficient to show that:
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(a) The granting of the variance will not be detrimental to the public safety, health,
or welfare or injurious to other property;
(b) The conditions upon which the request for a variance is based that are unique
to the property for which the variance is sought and are not applicable generally
to other property;
(c) Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship to the owner
would result, as distinguished from a mere inconvenience, if strict compliance
with the engineering design manual and standard construction details is
required;
(d) The special or peculiar conditions upon which the request is based did not
result from or were not created by the act or omission of the owner or any prior
owner, subsequent to the date of creation of the requirement from which the
variance is sought; and
(e) Fees: Applicants requesting a variance shall file an application with the
Planning Department. Fees charged shall be in accordance with a schedule of
fees as adopted by the City Council and amended from time to time.
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