(a) Telecommunication towers.
(1) Where allowed.
a. Allowed by right in “G,” “I,” “J,” “K;”
b. Allowed by special exception in “ER,” “E,” “MU-1,”“FR,” “F,” “MU-2,”“AG,” “CF,” “NS-T4,” “NS-T5,” “TU;” and
c. Not allowed in residential zoning districts, historic overlay districts or conservation overlay districts, “H,” “PD” or in scenic areas or corridors as designated in § 6.402.
(2) Setback requirements.
a. Five hundred feet from historic district (“HC,” “HSE”) conservation district (“CD”) or scenic area or corridor as designated in § 6.402;
b. Five hundred feet from any one-family district or two-family district or 250 feet if the one-family or two-family use is located in any other zoning district;
c. Two hundred and fifty feet from any multifamily district or use;
d. Two hundred feet from the shoreline of the Trinity River or the West Fork, Clear Fork, Marine Creek, Mary’s Creek or Sycamore Creek per the map established by the “Trinity River Corridor Mapping Data” prepared by the North Central Texas Council of Governments; and
e. No telecommunication tower or stealth telecommunication tower shall be located within 200 feet from the shoreline of Lake Arlington, Lake Benbrook, Lake Worth, Eagle Mountain Lake or Marine Creek Lake.
(3) Letter of authorization. A letter of authorization signed by the property owner granting the agent/applicant the authority to represent the property owner if the applicant is required to seek a grant of approval from the board of adjustment or any other board or commission.
(4) Construction requirements.
a. All telecommunication towers shall be of monopole construction.
b. Telecommunication towers shall not be illuminated by artificial means or shall display strobe lights or other warning lighting unless required by the Federal Aviation Administration or any other federal, state or city law, rule or regulation. Any lighting shall be shielded or directed so as not to project directly onto property zoned residential or any residential use. When incorporated into the approved design, light fixtures used to illuminate ball fields, parking lots or other similar areas may be attached to a telecommunication tower.
c. All new telecommunication towers must be constructed to support at least two separate antenna arrays. In addition, any new telecommunication tower must be able to support at least one additional antenna for every 15 feet (or fraction thereof) above 60 feet in height and provide the ground space for any equipment necessary for the operation of additional antenna.
(5) Screening, fencing and landscaping requirements. All telecommunications towers and support facilities shall have the following:
a. A six-foot solid screening fence constructed of wood, brick, stone or reinforced concrete products per the specifications of § 5.305, Fences of the zoning ordinance; or
b. Screening shrubs shall be installed around a fence and screen from view the associated structures. All screening shrubs shall be a minimum of three feet in height at planting, have the potential to grow to a mature height of a minimum of six feet in three years and must have a permanently installed irrigation system that provides total water coverage to all plant materials. The vegetation shall be kept in an attractive state and in good condition at all times.
(6) Outdoor storage. No outdoor storage of vehicles, materials or equipment is permitted. Equipment not used in direct support of the facility shall not be stored or parked on the premises unless a technician is present.
(7) Commercial message prohibited. No signs, including commercial advertising, logos, political signs, flyers, flags or banners, graphics or other attention devices shall be allowed on any part of the telecommunication tower or ancillary support facilities except for warning and safety signage.
(8) Removal.
a. Upon cessation for more than 180 days of the use of a telecommunication tower structure for the support of active communications antennas, the owner of record must notify the planning and development department. Disconnection of electric service for more than 180 days at the telecommunications tower site shall be considered cessation of use.
b. All transmission telecommunications towers or antennas shall be removed by the person who constructed the facility, by the person who operates the facility or by the property owner within one year from the time the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communications devices.
c. The person who constructed the facility, the person who operates the facility or owner of record must notify the planning and development department of any change in the status of the telecommunication tower. If the use of the antennas on the telecommunication tower has not been restored within the one year period from the time the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices, the telecommunication tower must be removed and the telecommunication tower site restored to its original condition to a depth of two feet, at the owner’s expense.
(9) Fees. Notwithstanding any other provision of this ordinance, the city may require, as part of any application fees for a telecommunication facility, an amount sufficient to recover all of the city’s costs in retaining consultants to verify statements made in conjunction with the permit application, to the extent that verification requires telecommunication expertise.
(b) Stealth telecommunication towers.
(1) Where allowed.
a. Allowed by right in “E,” “MU-1,”“FR,” “F,” “MU-2,”“NS-T4,” “NS-T5,” “TU,” “CB,” “TUP,” “G,” “H,” “I,” “J,” “K;” and
b. Allowed by special exception in residential districts “ER,” “AG,” “CF,” in scenic corridors or areas as designated in § 6.402, historic overlay districts (“HC,” “HSE”) and conservation overlay districts (“CD”).
(2) Setback requirements.
a. Stealth telecommunication towers shall be setback two feet for each foot in height from a one-family, two-family or multifamily district or use unless located in such a district and permitted by special exception;
b. In all other zoning districts, the standard setback shall apply; however, additional setbacks may be required as described in this section;
c. Two hundred feet from the shoreline of the Trinity River or the West Fork, Clear Fork, Marine Creek, Mary’s Creek or Sycamore Creek per the map established by the “Trinity River Corridor Mapping Data” prepared by the North Central Texas Council of Governments; and
d. Two hundred feet from the shoreline of Lake Arlington, Lake Benbrook, Lake Worth, Eagle Mountain Lake or Marine Creek Lake.
(3) Administrative approval of stealth telecommunication towers. A monopole flag, athletic light pole, parking or street light pole or other monopole design with internal antenna for a stealth telecommunication tower design may be approved administratively by the development services director, or his or her designee, subject to the following:
a. Conforms to the definition of a stealth tower;
b. Has a monotone color of light gray or off-white;
c. Displays a light fixture of 175 watts or less, if applicable;
d. Displays an American, state or corporate logo flag without copy (must meet proper flag etiquette), if applicable;
e. Being appropriately located to functionally serve the use(s) of the site;
f. Screening the support equipment with a six-foot masonry wall consistent with the site design materials or architecture, or screening with a black or green rubberized chain-link fence surrounded with three-foot high hedge on all sides exclusive of entry gate; and
g. Being no more than 60 feet in height unless the tower is providing space for an additional antenna, allowing up to an additional 15 feet of height, with a maximum of 75 feet.
(4) Design and appearance requirements.
a. Any design plan not eligible for administrative approval in accordance with subsection (b)(3) above may apply to the board of adjustment for a special exception. In granting the special exception, the board shall consider the overall design of the stealth telecommunication tower, including the scale, placement on the site, materials, form and color.
b. A design plan must be submitted by the applicant at the time of application.
c. The design plan must include:
1. Visual study, visualization or simulation showing the appearance of the proposed stealth telecommunication tower and ancillary facilities, to scale and in the existing natural or built environment from at least two points of public view;
2. General capacity of the proposed tower, in terms of the number and types of antennas it is designed to accommodate;
3. Current overall system plan for the city, documenting telecommunication facilities presently constructed or approved, including a map indicating the proposed provider’s current coverage for the city and the area the requested site would cover;
4. Statement outlining the rationales for the particular location, design and height of the stealth telecommunication tower;
5. Landscape plan drawn to scale showing the proposed and existing fencing and landscaping, including type, spacing, size and irrigation methods;
6. Visual depiction or architect’s rendering (drawn to scale) of the stealth telecommunications tower; and
7. Site plan (drawn to scale)indicating the location and height of the stealth telecommunication tower, with ancillary facilities, as well as their proximity to buildings and to other structures on adjacent properties to include a radius of 200 feet.
(5) Construction requirements.
a. Stealth telecommunication towers shall not be illuminated by artificial means or shall display strobe lights or other warning lighting unless required by the Federal Aviation Administration or any other federal, state or city law, rule or regulation. Any lighting shall be shielded or directed so as not to project directly onto property zoned residential or any residential use. When incorporated into the approved design, light fixtures used to illuminate ball fields, parking lots or other similar areas may be attached to a telecommunication tower.
b. Any new stealth telecommunication tower must be able to support at least one additional antenna for every 15 feet (or fraction thereof) above 60 feet in height and provide the ground space for any equipment necessary for the operation of additional antenna.
(6) Screening, fencing and landscaping requirements. All stealth telecommunication towers and all support facilities shall have the following:
a. A six-foot solid screening fence constructed of wood, brick, stone or reinforced concrete products per the specifications of § 5.305 Fences of the zoning ordinance; or
b. Screening shrubs shall be installed around a fence and screen from view the associated structures. All screening shrubs shall be a minimum of three feet in height at planting, have the potential to grow to a mature height of a minimum of six feet in three years and must have a permanently installed irrigation system that provides total water coverage to all plant materials. The vegetation shall be kept in an attractive state and in good condition at all times.
(7) Outdoor storage. No outdoor storage of vehicles, materials or equipment is permitted. Equipment not used in direct support of the facility shall not be stored or parked on the premises unless a technician is present.
(8) Commercial message prohibited. No signs, including commercial advertising, logos, political signs, flyers, flags or banners, graphics or other attention devices shall be allowed on any part of the telecommunication tower or ancillary support facilities except for warning and safety signage.
(9) Removal.
a. Upon cessation for more than 180 days of the use of a stealth telecommunication tower structure for the support of active communications antennas, the owner of record must notify the planning and development department. Disconnection of electric service for more than 180 days at the stealth telecommunications tower site shall be considered cessation of use.
b. All transmission stealth telecommunications towers or antennas shall be removed by the person who constructed the facility, by the person who operates the facility or by the property owner within one year from the time the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communications devices.
c. The person who constructed the facility, the person who operates the facility or owner of record must notify the planning and development department of any change in the status of the stealth telecommunication tower. If the use of the antennas on the stealth telecommunication tower has not been restored within the one year period from the time the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices, the stealth telecommunication tower must be removed and the stealth telecommunication tower site restored to its original condition to a depth of two feet, at the owners expense.
(10) Fees. Notwithstanding any other provision of this ordinance, the city may require, as part of any application fees for a telecommunication facility, an amount sufficient to recover all of the city’s costs in retaining consultants to verify statements made in conjunction with the permit application, to the extent that verification requires telecommunication expertise.
(11) Board of adjustment. Except for stealth communication towers built under subsection (b)(3) above, the board of adjustment shall review proposed designs considering the materials, colors, textures, screening and landscaping designs of the equipment of the structure and any other permitted structures to determine the visibility, aesthetic impact and compatibility to the surrounding natural or built environments.
(Ord. 13896, passed 10-12-1999; Ord. 15283, § 14, passed 10-8-2002; Ord. 17093, § 3, passed 8-8-2006; Ord. 17522, § 5, passed 4-24-2007; Ord. 17844, passed 11-1-2007; Ord. 20158-04-2012, § 1, passed 4-3-2012; Ord. 21272-06-2014, § 4, passed 6-3-2014; Ord. 24030-02-2020, § 22, passed 2-4-2020)