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HomeMy WebLinkAboutOrdinance - 9942-1996 - Codified Chapter 29 Standards Telecommunications Antennas - 09/26/1996First Reading September 26, 1996 Item #27 Second Reading October 10, 1996 Item #5 ORDINANCE NO. 9942 _ __.._.,_~- AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF LUBBOCK, TEXAS AS CODIFIED IN CHAPTER 29 OF THE CODE OF ORDINANCES, WITH REGARD TO SITING, CO-LOCATION AND OTHER STANDARDS FOR TELECOMMUNICATIONS ANTENNAS AND TOWERS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the new federal statutory requirements concerning municipal regulation of telecommunications antennas and towers have been adopted in the Telecommunications Act of 1996;and WHEREAS, the City Council of the City of Lubbock deems it be in the best interest of the citizens of the City of Lubbock to implement a comprehensive set of nondiscriminatory and competitively neutral zoning regulations for telecommunications antennas and towers that discourage any unnecessary or undesirable proliferation of telecommunications antennas and towers within the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 29-3 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding the following definitions thereto: Alternative tower structure: shall mean clock towers, bell steeples, light poles, and similar alternative antenna mounting structures, except for residential structures. The alternative tower structure may be either a primary or an accessory use on any development parcel. Antenna: any exterior apparatus designed for wireless radio, television, microwave or telephonic communication through the sending and/or receiving of electromagnetic waves. FAA: The Federal Aviation Administration. FCC: The Federal Communications Commission. Height: shall mean, when referring to an antenna or other structure, the distance measured from ground level to the highest point on the structure, even if the highest point is an antenna. Receive-only antenna/amateur radio antenna: any tower or antenna that is under seventy (70) feet in height and is owned or operated by a federally licensed amateur radio station operator or is used exclusively for reception only, including local television broadcast reception antennas, direct broadcast satellite antennas or multichannel multipoint distribution services. Receive-only/amateur radio antennas are not subject to regulation under this Chapter. Tower: any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. SECTION 2. THAT Subsections 29-7(c), 29-IO(c) and 29-16(c) of the Code of Ordinances, City of Lubbock, Texas, are hereby amended by adding the following language to each named subsection: Antenna, tower or alternative tower structure other than a radio, television or microwave broadcasting or transmitting antenna or facility, only when the antenna is co- located on an existing tower or does not add more than twenty (20) feet to the height of an existing alternative tower structure. SECTION 3. THAT Subsections 29-2l(c), 29-22(c), and 29-23.3(c) of the Code of Ordinances, City of Lubbock, Texas, are hereby amended by adding the following language to each named subsection: Antennas, towers or alternative tower structures other than radio, television or microwave broadcasting or transmission facilities approved by the Planning Department pursuant to the standards of administrative review provided by Section 29-30(b )(8) herein. However, antennas or towers located on property owned by a federal, state or local governmental entity shall be exempt from the requirements of this Chapter, provided a license, contract or lease authorizing such antenna or tower has been approved by the governing authority of the applicable governmental entity. SECTION 4. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a subsection, to be numbered 29-30(b)(8), which new subsection shall read as follows: (8) Administrative review for antenna, tower and/or alternative tower structures. a. Purpose; goals. The purpose of this section is to establish regulations for the siting of towers and antennas on public and private property. The goals of this section are to: 1. encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community, 2. encourage strongly the joint use of new and existing tower sites, 3. require users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal, 2 4. require users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas, and 5. enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently. b. Application Requirements. The proponent of a new tower site other than a radio, television or microwave broadcasting or transmission facility shall provide the following documentation for review by the Planning Department. 1. Inventory of existing sites. Each applicant for one or more towers shall provide to the Planning Department an inventory of its existing towers, including specific information about the location, height, and design of each tower. The Planning Department shall maintain an inventory of existing towers, including specific information about the location, height, and design of each tower. The City may share such information with other persons, organizations or governmental authorities seeking to locate antennas within the City. 2. Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Department that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following: (i) No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements. (ii) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. (iii) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment and cannot be reinforced to provide sufficient structural strength. (iv) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. ( v) · The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs below new tower development are presumed reasonable. 3 (vi) Property owners or owners of existing towers or structures are unwilling to accommodate the applicant's needs. (vii) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. 3. Site plan. Each applicant requesting a permit under this section shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate professional engineers, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information necessary to assessment compliance with this ordinance. 4. Residential setback. Towers must be set back a distance equal to the height of the tower from any off-site residential structure. 5. Yard setback. Towers and accessory facilities must satisfy the minimum yard setback requirements for the zoning district in which they are located. 6. Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall be equipped with an appropriate anti- climbing device. 7. Aesthetics. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted sky blue or gray, so as to reduce visual obtrusiveness. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. 8. Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations. 4 9. Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the tower fails to comply with such codes and standards and constitutes a danger to persons and property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such codes and standards. If the owner fails to bring such tower into compliance within the said thirty (30) days, the City may remove such tower or cause such tower to be removed at the owner's expense. c. Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the Planning Department notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the Planning Department may cause such antenna or tower to be removed at the owner's expense. lfthere are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. d. Refusal to grant request. Rejection of an application for a permitted use request for an antenna, tower or alternative tower structure by the Planning Department shall require the proponent to submit a zone case for a Specific Use Permit in accordance with Section 29-24(10) of this Chapter. SECTION 5. THAT subsection 29-24(10) of the Code of Ordinances, City ofLubboci4 Texas, is hereby amended to read as follows: (10) Antennas, towers and alternative tower structures. a. for wireless telephonic communication other than receive only antennas may be permitted in any zoning district provided that the proponent of such use has incorporated the minimum requirements of Subsection 29-30(b)(8) and any other applicable requirements into the site plan and application materials. b. for radio, television and microwave broadcasting or transmitting towers or·stations in any zoning districts. SECTION 6. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two thousand dollars ($2,000.00) as provided by Section 29-31 of the Code of Ordinances of the City of Lubbock. 5 SECTION 7. THAT should any paragraph, sentence, clause, phrase or word of this ordinance is held wiconstitutional or otherwise invalid, such infirmity shall not affect the validity of this ordinance, and any portions in conflict are hereby repealed. SECTION 8. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative means of publication provided by law. AND IT IS SO ORDERED. Passed by the City Cowicil on first reading this 26thday of September, 1996. Passed by the City Cowicil on second reading this WJ! day of 0c ber 1996. ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: . ~~~ ·e Darnell, City Secretary APPROVED AS TO CONTENT: rtram, Managing Director of Strategic Planning APPROVED AS TO FORM: DGV:da/ccdocs/telecomm.ord September 12, 1996 6 I I i 11 .. i I I 9. Building codes: safety standards. To ensure the structural integri1 of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Associatio~ ~ amended from time to time. If, upon inspectio~ the tower fails to comply with such codes and standards and constitutes a danger to persons and property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such codes and standards. If the owner fails to bring such tower into compliance within the said thirty (30) days, the City may remove such tower or cause such tower to be removed at the owner's expense. c. Removal of abandoned antennas and towers. Any antenna or tower that i! not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the Planning Department notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the Planning Department may cause such antenna or tower to be removed at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until $111 ••,ers cease using the tower. .~~ (0,tD1tqqt/-~ 5}vultLfettJ.... ~q-JJlc':, /0 ,.I 1\.-1.~ int request. Rejection of an application for a permitted use · or alternative tower. st:ructwe by the Planning Department 1 submit a zone case for a Specific Use Permit in accordance s Chapter. f) \. '.on 29-24(10) of the Code of Ordinances, City of L~ •~U~ • , Texas, i · astollows: !I ,, . I ~ I 11 ·1, H 11 11 '1 l I 1· jl :I (10) Antennas, towers and alternative tower structures. a. for wireless telephonic commtmication other than receive only antennas may be permitted in any zoning district provided that the proponent of such use bas incorporated the minimum requirements of Subsection 29-30(bX8) and any other applicable requirements into the site plan and application materials. b. for radio, television and microwave broadcasting or transmitting towers or stations in any zoning districts. !1 if j SECTION 6. 111A T violation of any provision of this Ordinance shall be deemed a : misdemeanor punishable by a fine not to exceed two thousand dollars ($~000.00) as provided by I Section 29-31 of the Code of Ordinances of the City of Lubbock. i, II ,, ii I ·I Ii ,: s "'· ORDINANCE NO. f94J AN ORDINANCE AMEND·. ING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THI!! CITY OF LUBBOCK . MAKING THE FOLLOWING. CHANGE$: ZONE CASE N0.2782; A.ZONING CHANGE FROM AM TO' AM SPECIFIC USE ZONING A COMMUNICATIONS TOW.. •. N.A PO~ltT 1.oor..:',' C:1(; 1;,J ' "" ' TION, LUBII C S1 SUB• JECT TO CONOITION$; PROVIO· ' ING A PENAL TY; PROVIDING A SAVINGS CLAUSE ANO PROVIO- . ING FOR PUBLICATION. SECTION 3. THAT violation ol • MY prov1,1on1 of this Ordinance : 1holl be cleemed o mlt.demeanor pUftlllloble by o fine not. to uc:eed TwQ Thousand ond Nc,'100 Dollars \($2;000.00l as provided In Section 19,31 of the 1onln11 Onllnonce of the Ctv of Lubbock. 'a..u42 ..,;...._:...--·- ~CHE-JOURNAL tion Corporation NOTARY PUBLIC in and for the State of Texas My Commission Expires ............... : .. ___ _ ·n to before me thi,"-s _ ___;:,:-2=-i_ii.._· _day O•L' -'-0~<?.:~iiu.· '°""""e!ii,,L.r ____ -119 °'"' PATTITATE Notary Public, State of Texas My Commission Expire~ 7-05-2000 . NO ARY PUBLIC in and for the State of Texas My Commission Expires .................. ___ _ 1994' ,,, ••.•. 11, .....