(A) Purpose. Certain radio equipment used in transmitting and receiving signal energy are essential and are deemed to promote the health, safety and general welfare of the citizens of the city. The placement of such equipment shall be located such that the health, safety, welfare, and aesthetic quality of the community shall not be compromised. Therefore the regulations governing the location of such equipment shall consider the aesthetic quality of the community equal to the health, safety, and general welfare of the community. The antennas, masts and towers hereinafter enumerated shall not be deemed violations of this chapter when made under the conditions herein provided.
(B) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA. A device used in communications that transmits or receives radio signals.
ANTENNA, BUILDING ATTACHED. Antenna attached to existing structures in 2 general forms:
(a) Roof-mounted, in which antennas are placed on the roofs of buildings, or
(b) Building-mounted, in which antennas are mounted to the sides of buildings. These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, and the like.
ANTENNA FACILITY. Any structure, monopole, tower, or lattice tower used to support antennas that are more than 35 feet tall.
ANTENNA, MICROWAVE. Also known as “dish” antenna. A dish-shaped antenna used to link communications sites together by wireless transmission of voice or data, utilizing electromagnetic radiation frequencies from 960 MHZ to 24 GHz; and using relatively low transmitter power levels when compared to other forms of transmission.
ANTENNA, PANEL. Also known as “directional” antenna. An antenna or array of antennas designed to concentrate a radio signal in a particular area. PANEL ANTENNA are typically flat, rectangular devices approximately 6 square feet in size.
ANTENNA, WHIP. Also known as “omni-directional antenna”. Shaped cylindrically, WHIP ANTENNAS have diameters between 2 and 6 inches, and measure between 1 and 18 feet in height. They are used to emit signals in a 360-degree horizontal plane and a compressed vertical plane.
CO-LOCATION. The act of locating wireless communications equipment from more than 1 provider on a single antenna facility.
EQUIPMENT STORAGE. A small unmanned, single-story equipment building less than 500 square feet in size used to house radio transmitters and related equipment.
LATTICE TOWERS. A tower having 3 or 4 support legs and holding a variety of antennas. These towers range from 60 to 200 feet in height and can accommodate a variety of users.
MONOPOLE. An antenna facility composed of a single spire more than 35 feet tall used to support communications equipment or other visible items. No guy wires are used or permitted.
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.
TOWER. Any columnar, guyed, structure more than 35 feet tall used to support antennas, or other visible items.
(C) Residentially zoned districts amateur radio equipment and TV antennas. Amateur radio equipment, (including ham radio and CB equipment) and personal use TV antennas shall be allowed in the “R1,” “R2,” “R3,” “R-T,” “R-D,” “MF 18,” “MH” or “RV” Zoning Districts if it complies with the following regulations:
(1) Antenna facility may be building attached, monopoles, towers, or lattice towers.
(2) Only 1 antenna facility, exceeding 35 feet, per premises.
(3) An antenna facility, exclusive of the height of any antenna or mast, shall not exceed 65 feet in height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of 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. Regardless of the above, the maximum height for a tower permitted without a special exception in any residential district shall be 80 feet.
(4) The height of an antenna, including the height of any antenna facility to which they may be fastened or attached shall not exceed 80 feet in height without a special exception.
(5) An antenna not fastened to an antenna facility shall not exceed 50 feet in overall height without a special exception, except for an antenna, which does not extend more than 8 feet above a building on which it is mounted.
(6) An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer’s designs and specifications for maximum wind load requirements.
(7) Setbacks.
(a) Antennas and antenna facilities shall not be permitted in front or side yards. Guy wires are not permitted in front yards.
(b) Guy wires are permitted in required side and rear yards.
(c) Setback for antenna facilities shall be the same as is required for accessory buildings in residential districts.
(8) Separation. There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record.
(9) Antenna facilities shall not be permitted in any easement.
(10) Lights. No auxiliary or outdoor lighting above 20 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 such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission.
(11) Construction standards. A building permit must be obtained prior to the construction and/or installation of an antenna facility. Antenna facilities must be installed as per the manufacturer recommendations or under the seal of a registered professional engineer of the State of Texas.
(12) Maintenance. Antennas and/or antenna facilities obviously not in use or obviously in need of maintenance as determined by the Building Official, shall be removed or brought into compliance within 30 days following notice given by the Building Official. This shall not preclude immediate action by the Building Official to safeguard life, limb, health, property, and public welfare.
(13) No part of an antenna, antenna facility, or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility without written permission from affected property owners.
(14) No permit shall be issued for the installation of an antenna, antenna facility, on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the Building Department.
(15) All antennas and antenna facilities shall be subject to an inspection every 5 years by a qualified expert. Such inspection to be conducted and charged for by the city in accordance with provisions in the Building Code.
(16) A special exception, in accordance with § 154.102 must be obtained from the Board of Adjustment and Appeals for any antenna facility which does not comply with the regulations specified hereinabove.
(17) The Zoning Board of Adjustment and Appeals will approve a requested application for a special exception upon documentation that such exception is necessary and critical to the communications operation of the facility.
(D) Residentially zoned districts commercial antennas. Only building-attached antenna shall be allowed in residentially zoned districts under the following conditions:
(1) A special exception must be obtained from the Board of Adjustment and Appeals, in accordance with § 154.102.
(2) The proposed antenna must be attached to or enclosed by an existing structure currently or last occupied by a non-residential use as listed in the Zoning Ordinance, or attached to a power or telephone pole, water storage tower, or other utility structure.
(3) The antenna must not exceed 8 feet above the structure to which it is attached.
(4) A maximum of 3 antennas shall be allowed to be attached to a single antenna facility.
(5) A maximum of 1,500 feet of separation shall be required between antenna facilities.
(6) If attached to the exterior of a structure or a power or telephone pole, water storage tower or other utility structure the antenna must be at least 75 feet above grade and painted to match the structure to which it is attached.
(7) The antenna may be placed lower than 75 feet above grade if completely enclosed within existing architectural elements of a building so as not to be visible.
(8) Any associated equipment storage building shall be screened from public view by a decorative masonry wall, with landscaping for aesthetic purposes.
(9) All driveways accessing any antenna facility site or equipment storage site shall be constructed of an all weather hard surface as approved by the Building Official.
(10) Lights. No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission.
(11) Construction standards. A building permit must be obtained prior to the construction and/or installation of a tower, antenna or mast. Towers must be installed as per the manufacturer recommendations or under the seal of a registered professional engineer of the State of Texas.
(12) Maintenance. Antennas, obviously not in use or obviously in need of maintenance as determined by the Building Official, shall be removed or brought into compliance within 30 days following notice given by the Building Official. This shall not preclude immediate action by the Building Official to safeguard life, limb, health, property, and public welfare.
(13) No part of an antenna, antenna facility, or any attachment thereto may extend beyond the property lines of the owner of such antenna.
(14) No permit shall be issued for the installation of an antenna facility, on a structure or property, unless a notarized statement of permission from the owner is presented to the Building Department.
(15) All antennas or antenna facilities shall be subject to an inspection every 5 years by a qualified expert. Such inspection may be conducted and charged for by the city in accordance with provisions in the Building Code.
(E) Commercial or industrial zoned districts. Radio, television, microwave broadcast relay, receiving towers and transmission and retransmission facilities, satellite receiving only earth stations (home dish antenna) and any electronic emission equipment of a commercial nature shall be allowed in the “C-O,” “C-N,” “C-C,” “I-L,” and “I-H” Zoning Districts if it complies with the following regulations:
(1) Only 1 antenna facility per premises.
(2) Antenna facilities shall be limited to building attached and monopoles only.
(3) An antenna facility, exclusive of the height of any attached antenna, shall not exceed 35 feet in height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of 1 added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in this chapter. Regardless of the above, the maximum height for an antenna facility permitted without a special exception in any “C-O,” “C-N,” “C-C,” “I-L” or “I-H” District shall be 65 feet.
(4) The height of an antenna, including the height of any antenna facility to which they may be fastened or attached shall not exceed 65 feet in height without a special exception.
(5) An antenna not fastened to an antenna facility shall not exceed 50 feet, except for an antenna, which does not extend more than 8 feet above a building on which it is attached.
(6) An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer’s designs and specifications for maximum wind load requirements.
(7) Setbacks.
(a) Antennas and antenna facilities shall not be permitted in front or side yards.
(b) Antennas and antenna facilities shall be setback from residential districts a minimum distance equal to 2 times the height of the tower, but in no instance shall the setback be less than 200 feet from any residentially zoned district.
(8) Separation. There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record. With the exception of structure mounted antenna, there shall be a separation of 1,500 feet from antenna facilities.
(9) Antenna facilities shall not be permitted in any easement.
(10) Lights. No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission.
(11) Construction standards. A building permit must be obtained prior to the construction and/or installation of a tower, antenna or mast. Antenna facility must be installed as per the manufacturer recommendations or under the seal of a registered professional engineer of the State of Texas.
(12) Maintenance. Antenna facility and antennas obviously not in use or obviously in need of maintenance as determined by the Building Official, shall be removed or brought into compliance within 30 days following notice given by the Building Official. This shall not preclude immediate action by the Building Official to safeguard life, limb, health, property, and public welfare.
(13) No part of an antenna facility and antennas or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility.
(14) No permit shall be issued for the installation of an antenna, antenna facility on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the Building Department.
(15) All antennas or antenna facilities shall be subject to an inspection every 5 years by a qualified expert. Such inspection may be conducted and charged for by the city in accordance with provisions in the Building Code.
(16) A special exception, in accordance with § 154.102 must be obtained from the Board of Adjustment and Appeals for any antenna or tower, which does not comply with the regulations, specified herein.
(F) Written report upon denial of request. The City of Ferris shall document any denial of a request to place, construct, or modify personal wireless service facilities in writing. Such documentation shall be supported by substantial evidence within the written record.
(G) Satellite receive-only antennas generally. Satellite receive-only antennas assist individuals in the reception of satellite transmitted television signals. Satellite receive-only antennas shall not be deemed violations of this chapter when made under the conditions herein provided. Such conditions are hereby found to be reasonable and clearly defined health, safety and aesthetic objectives. A satellite receive only antenna shall be allowed if it complies with the following:
(1) The satellite receive-only antenna is 2 meters (6.56 feet) or less in diameter and is located or proposed to be located in any area where commercial or industrial uses are generally permitted by non- federal land use regulations; or
(2) The satellite receive-only antenna is less than 1 meter (3.28 feet) in diameter in any zoning district.
(H) Special exception.
(1) A special exception, in accordance with § 154.102 must be obtained from the Board of Adjustment and Appeals for any satellite receive-only antenna or antenna facility which does not comply with the regulations specified herein above.
(2) The Board of Adjustment and Appeals will approve a requested application subject to the finding that co-location of this facility with a nearby existing tower facility is technically not feasible and subject to the following conditions:
(a) Applicant will permit co-location of others at the site;
(b) Applicant will configure its antenna and other equipment to accommodate other providers;
(c) Applicant will identify its backhaul provider connecting antenna sites; and
(d) Applicant will give notice to the city identifying any providers who co-locates to the site and identify their backhaul provider.
(e) Applicant shall satisfactorily complete and provide all descriptive material required in this section.
(f) Applicant shall demonstrate that the project does not adversely impact the public health, safety, and general welfare, as provided for in this chapter.
(Ord. O-12-743, passed 12-3-2012)