HomeMy WebLinkAbout1826 09-09-2008ORDINANCE NO. 1826
AN ORDINANCE AMENDING CHAPTER 84 "UNIFIED DEVELOPMENT
CODE" OF THE CODE OF ORDINANCES OF THE CITY OF EULESS,
TEXAS, BY AMENDING SECTION 84 -84, "PERMITTED USES TABLE,"
TABLE 4 -A, "PERMITTED PRIMARY USES;" AMENDING SECTION 84-
85, "SPECIAL CONDITIONS BY USE TYPE," BY ADDING
SUBSECTION (ai), "TELECOMMUNICATION FACILITIES;" AND
AMENDING CHAPTER 30, "FEES," BY ADDING A NEW SECTION 30-
46, "TELECOMMUNICATION FACILITIES CONTRACT FEES;"
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, there is practical benefit to adopt regulations governing antennas
and telecommunication facilities within the City in Chapter 84 Unified Development
Code; and,
WHEREAS, the City Council of the City of Euless, Texas, after study, finds and
determines that the following regulations regarding antennas and telecommunication
facilities within the City will promote the health, safety and general welfare of the
citizens of the City of Euless. Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
THAT Section 84 -84, "Permitted Uses Table," Table 4 -A, "Permitted Primary
Uses," "Primary Use" section, "Public Utilities and Communication Facilities," of Chapter
84 "Unified Development Code" of the Code of Ordinances of the City of Euless, Texas,
be amended by adding "(ai)" to the column, "Special Condition Section 84 -85," for the
following items:
48'' Antennas of any height
48' Telecommunication facilities (unmanned)
483" Telecommunication facilities and broadcast stations (manned)
SECTION 2
THAT Section 84-85, "Special Conditions by Use Type," of Chapter 84 "Unified
Development Code" of the Code of Ordinances of the City of Euless, Texas, be
amended by the addition of a new subsection, "(ai) ", to hereafter be and read as follows:
(ai) Telecommunication facilities. Specifically, notwithstanding any other
provision of this ordinance, telecommunication antennas and /or towers,
when such are permitted by federal law and the laws of the State of
Texas, shall be regulated and governed by the following use regulations
and requirements:
(1) For purpose of this section the following words and phrases are
defined as follows:
"antenna" means any exterior transmitting or receiving device
mounted on or within a support structure, building, or structure and
used in communications that radiate or collect electromagnetic
waves, digital signals, analog signals, radio frequencies, (excluding
radar signals), wireless telecommunication signals, television
signals, or other communication signals.
"antenna array" means a structure attached to a
telecommunication tower that supports a telecommunication
antenna.
"telecommunication antenna" means an antenna used to provide a
telecommunication service.
"telecommunication facilities" means any unmanned facility
consisting of equipment for the transmission, switching, and /or
receiving of wireless communications. Such facility may be
elevated (either structure - mounted or ground mounted) transmitting
and receiving antennas, low power mobile radio service base
station equipment, and interconnection equipment. The categories
of facility types include both roof and/or structure -mount facilities
and telecommunication support structure.
"telecommunication tower" means a structure more than ten (10)
feet tall, built primarily to support one (1) or more
telecommunication antennas.
"whip antenna" means an antenna consisting of a single, slender,
rod like element which is no more than six (6) inches in diameter
and supported only at or near its base.
"non -whip antenna" means an antenna which is not a whip
antenna, such as dish antennas, panel antennas, etc.
"E/A -222" means Electronics Industries Association Standard 222,
"Structural Standards for Steel Antenna Towers and Antenna
Support Structures ".
Ordinance No. 1826, Page 2 of 7
(2) Telecommunication Facilities- Antennas/Towers
a. A site plan shall be submitted pursuant to said Section 84 -84
and the following requirements:
1. Submit a site plan, drawn to scale, indicating the
location and height of all components of the facility,
potential locations of ground- mounted equipment
necessary to support future wireless providers, and
the distance from other structures on the same and
adjacent properties to include a radius equal to the
required setback.
2. All towers will be of a tapering monopole construction,
except that another type tower shall only be allowed
upon a showing that it would cause less visual impact
on surrounding property than a similar monopole
structure.
3. The applicant shall provide an architects rendering,
photo - realistic representation, or other true visual
representation of the actual tower.
4. Tower height, including antenna array, may not
exceed one hundred twenty (120) feet.
5. Telecommunication towers must be a minimum of two
hundred (200) feet or three (3) to one (1) distance to
height ratio, whichever is greater.
6. New telecommunication towers must be a minimum
distance of five thousand (5,000) feet from another
telecommunication tower, including from those towers
located in an adjacent municipality. The service
provider must provide information that identifies other
facilities that are owned by the service provider.
7. All guys and guy anchors are located within the
buildable area of the lot and not within the front, rear,
or sideyard setbacks and no closer than five (5) feet
to any property line.
8. The base of the tower and equipment buildings must
be screened by a masonry wall consistent with
Section 84 -336 (b)(4).
Ordinance No. 1826, Page 3 of 7
9. A telecommunication tower must be:
(a) Used by three (3) or more wireless
communication providers; or
(b) Designed and built so as to be capable of use
by three (3) or more wireless communication
providers and the owner of the tower and the
property on which it is located must certify to
the city that the antenna is available for use by
another wireless telecommunication provider
on a reasonable and nondiscriminatory basis
and at a cost not exceeding the market value
for the use of the facilities. If the property on
which the tower is proposed to be located is to
be leased, the portions of the actual or
proposed lease that demonstrate compliance
with the requirements of this paragraph shall
be submitted with the zoning application.
b. Telecommunication towers should be constructed to
minimize potential safety hazards. Telecommunication
towers shall be constructed so as to meet or exceed the
most recent EIA -222 standards and prior to issuance of a
building permit the building official shall be provided with an
engineer's certification that the tower's design meets or
exceeds those standards. Guyed towers shall be located in
such a manner that if the structure should fall along its
longest dimension, it will remain within property boundaries
and avoid habitable structures, public streets, utility lines and
other telecommunication towers.
C. If any additions, changes, or modifications are to be made to
the monopole, the Building Official shall verify that such
changes meet all applicable conditions contained in the
original S.U.P. enabling construction of the monopole and
shall have the authority to require proof, through the
submission of engineering and structural data, that the
addition, change, or modification conforms to structural wind
load and all other requirements of the current Building Code
adopted by the City of Euless.
d. Telecommunication towers which have not been used for a
period of one year shall be removed from a site. The last
telecommunication service provider to use a tower shall
notify the Building Official or designee within thirty (30) days
that use of a tower has been discontinued.
Ordinance No. 1826, Page 4 of 7
e. In addition to the usual application fee for a specific use
permit, the applicant shall reimburse the city for the actual
cost to the city for the services of an engineer to review the
application and provide engineering expertise, or other
related professional services required to verify any
information provided by the applicant, in the amount as set
forth in Section 30-46, "Telecommunication Facilities
Contract Fees."
f. The tower is erected and operated in compliance with
current Federal Communication Commission and Federal
Aviation Administration rules and regulations and other
applicable federal and state standards.
(3) Telecommunication Facilities - Antennas mounted on existing
structures.
a. Antennas mounted on buildings.
1. Roof - mounted telecommunication antennas are
allowed on non - residential buildings in all zoning
districts without further zoning proceedings, provided
a non -whip antenna does not exceed the height of the
building by more than ten (10) feet and is screened
from view from any adjacent public roadway and
provided a whip antenna does not exceed the height
of the building by more than fifteen (15) feet and is
located no closer than fifteen (15) feet to the
perimeter of the building. Prior to installation of a roof -
mounted antenna, the Building Official shall be
provided with an engineer's certification that the roof
will support the proposed antenna and associated
roof - mounted equipment. Roof - mounted antennas
and associated equipment must be screened with
enclosures or facades having an appearance that
blends with the building on which they are located.
2. Building- mounted telecommunication antennas of the
non -whip type are allowed on nonresidential buildings
in all zoning districts without further zoning
proceedings, provided the antenna is mounted flush
with the exterior of the building so that it projects no
more than thirty (30) inches from the surface of the
building to which it is attached; and the antenna's
appearance is such as to blend with the surrounding
surface of the building.
Ordinance No. 1826, Page 5 of 7
3. Associated equipment shall be placed either within
the same building or in a separate building which
matches the existing building in character and
building materials or blends with the landscaping and
other surroundings immediately adjacent to the
separate building housing the equipment. Associated
equipment for roof - mounted antennas may be located
on the roof of the building if screened with enclosures
or facades having an appearance that blends with the
building on which they are located.
b. Telecommunication antennas located on existing structures
are not subject to the five thousand (5,000) foot separation
requirement.
C. When an application for a building permit to locate a
telecommunication antenna on an existing building or other
structure is made, the Building Official shall be provided with
color photo simulations showing the site of the existing
structure with a photo - realistic representation of the
proposed antenna and the existing structure or any
proposed reconstruction of the structure as it would appear
viewed from the closest residential property and from
adjacent roadways. The applicant shall also submit
photographs of the same views showing the current
appearance of the site without the proposed antenna.
d. Telecommunication antennas shall not be constructed or
used within the City of Euless without all approvals and
permits first having been secured.
SECTION 3
THAT Chapter 30, "Fees," of the Code of Ordinances of the City of Euless,
Texas, as amended, be hereby amended by adding a new Section 30-46,
"Telecommunication Facilities Contract Fees," to hereafter be and read as follows:
Sec. 30-46. Telecommunication Facilities Contract Fees
Contract Fee paid by applicant for
technical expertise for review of
application, not to exceed ............................. $5,000.00
Ordinance No. 1826, Page 6 of 7
SECTION 4
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 5
SAVING CLAUSE. That applicable chapters of the Code of Ordinances, City of
Euless, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
SECTION 6
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of the
State of Texas.
PRESENTED AND APPROVED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the 9th day of September, 2008, by a vote of
6 ayes, o nays, and o abstentions.
APPROVED:
APPROVED AS TO FORM:
ATTEST:
an rim, MC, City Secretary
Ordinance No. 1826, Page 7 of 7