A facility shall be permitted by building permit if its supporting structure is a qualifying structure or if the following conditions are met:
(A) The height of the facility is not in excess of 200 feet and is proposed to be located within one and one-half miles of the corporate limits of any municipality with a population of 25,000 or more residents, or the height of the facility is not in excess of 350 feet and proposed to be located more than one and one-half miles from the corporate limits of any municipality with a population of 25,000 or more residents; and
(B) The horizontal separation distance to the nearest residential dwelling is not less than the height of the supporting structure; except that if the supporting structure exceeds 99 feet in height, the horizontal separation distance to the nearest principal residential building shall be at least 100 feet or 80% of the height of the supporting structure, whichever is greater.
(Prior Code, 7 TCC 1-21(d))