Ord 045-2001 5/1/2001ORDINANCE NO. 4"x-1 QCA
ORDINANCE AMENDING APPENDIX C OF THE CODE OF
ORDINANCES ADOPTING COMMUNICATION TOWER REGULATIONS;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the City has on numerous occasions and with increasing frequency
been confronted with request to site communications towers; and
WHEREAS, the City and the Planning and Zoning Commission have determined
that current regulations are inadequate to address the appropriate location,
construction, and effects of towers, antennas and structures; and
WHEREAS, the Planning and Zoning Commission and City Council desires to
accommodate the growing need for communications towers; and
WHEREAS, the Planning and Zoning Commission has determined that
regulations need to be developed to consider public health and safety, avoid or
minimize potential damage to properties from both an economic and public safety
perspective, and address the aesthetics of towers.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Section 2030 of the Zoning Ordinance shall be amended by
deleting the term and definition "Radio & TV Transmitting Tower ", and by adding the
following definitions:
COMMUNICATIONS TOWER
A "communications tower" shall mean and include all structures and accessory facilities
relating to transmitting, receiving, reflecting or any other event or action associated with
the use of the radio frequency spectrum or other frequencies associated with wireless
communications. This may include, but shall not be limited to, radio towers, television
towers, telephone devices and exchanges, microwave relay facilities, telephone
transmission facilities, and private and commercial mobile radio service facilities.
A communications tower may include, but not limited to any of the following structures
singularly or in concert:
a. a lattice tower.
b. stealth towers, where a tower is concealed within another structure.
C. a cylindrical steel structure, sometimes referred to as monopole, similar in
appearance to a light pole, used to support antennas.
ANTENNA
An "antenna" shall be an attachment to a tower or other structure used to transmit,
receive, reflect or is other wise associated with wireless communications.
STRUCTURE
A "structure" may be a building, derrick, silo, elevator, electrical transmission tower,
exhaust stack, light standard, pole or similar such use.
CO- LOCATION
To affix additional antennas on an existing tower that may include the placement of
support ground equipment.
SECTION 2. Section 3480, Conditional Uses under the General Commercial
zoning district shall be amended by deleting Radio & TV Transmitting Towers from the
list of uses.
SECTION 3. Section 3530, Permitted Uses under the Light Industrial zoning
district shall be amended by deleting Radio & TV Transmitting Towers.
SECTION 4. Section 3540, Conditional Uses under the Light Industrial zoning
district shall be amended by adding:
Communications Towers and Antennas as regulated by Section 5910
SECTION 5. Section 3600, Permitted Uses under the Heavy Industrial zoning
district shall be amended by deleting Radio & TV Transmitting Towers.
SECTION 6. Section 3605, Conditional Uses under the Heavy Industrial zoning
district shall be amended by adding:
Communications Towers and Antennas as regulated by Section 5910
SECTION 7. Section 5900, Miscellaneous Regulations shall be amended by
adding Section 5910, included here as a part of this ordinance as Attachment A.
SECTION 8. Due to the fact that the location of towers and structures, and their
associated heights affects the public health, safety and general welfare, this Ordinance
is declared to be an emergency measure, and shall become effective immediately upon
its passage.
SECTION 9. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 1st day of May 2001.
AYOR
ATTEST:
hIL) hLh&az
City Clerk
ATTACHMENT A
5910 Communication Towers, Antennas and Structures
The intent of regulations involving communications towers and antennas is to minimize
adverse visual, aesthetic and physical effects of towers; to accommodate the growing
need for wireless communications; to encourage and require co- location to reduce the
proliferation of towers and to concentrate towers in areas of existing towers; to avoid or
minimize potential damage to properties, from the perspective of public safety, from
tower failure through engineering and careful siting of tower structures; to protect the
current and future economic viability of Sheppard Air Force Base /Municipal Airport and
Kickapoo Downtown Airpark; to provide for the proper use of land through regulating
placement; and to protect the public health, safety and general welfare.
A Conditional Use Permit shall be required for all communications towers unless
exempted herein. The need for a Conditional Use Permit for antennas and structures
shall be evaluated on a case -by -case basis. Regulations related to communication
towers, antennas and structures shall include the following as applicable, and shall be
subject to other terms as may apply under Section 7200 (Conditional Use Procedure).
Communications towers shall only locate, with a Conditional Use Permit, within Light
Industrial (LI) and Heavy Industrial (HI) zoning districts unless otherwise permitted
herein.
A. A communications tower should be setback from rights -of -way and adjacent
properties equivalent to the height of the tower. Consideration toward reducing
the setback may require specifications as to the engineered "fall" characteristics
of a tower and the nature of neighboring land uses. The following may be
considered minimum setback requirements:
For ground- mounted tower proposals where the allowed zoning district is
adjacent to a residentially -zoned district or residential use, such tower
shall not be located closer than 300 feet from the residential use or
residential zoning boundary and not be higher than 100 feet at that
distance. For every additional foot of height proposed, the tower shall be
setback an additional one foot.
2. Towers shall be setback a minimum of 100 feet from a public right -of -way
classified as a major collector or of a larger classification. For a public
right -of -way classified smaller than a major collector, the minimum
setback shall be 50 feet. The classification of streets, roads and highways
shall be in accordance with the Thoroughfare Plan, as amended.
B. Prior to consideration by the Commission, the following shall be included in the
application for a Conditional Use permit:
1. A site plan with the following:
a. A detail of all required site elements addressed herein.
b. Topographic contours of the site.
C. An indication of adjacent land uses, zoning district and distance to
the nearest structure or use.
d. Elevation drawings and dimensions of the tower, or structure as
may be required, associated appurtenances and accessory uses.
e. A notarized statement attesting that the tower is designed to co-
locate additional antennas or share with at least two future service
providers per 100 feet of height.
f. A landscaping plan according to requirements herein.
2. Signed and sealed engineering specifications. Engineering of the tower
shall meet an 80 -mile per hour wind load with one -half inch radial ice over
the entire tower.
3. A determination as to the effects of the proposal issued by the Federal
Aviation Administration as may be required herein.
4. An indication of fee - simple title or a leasehold of the property.
5. The name, address and phone number of the owner(s) of the tower or
structure, and if different, the name, address and phone number of the
property owner(s).
6. As determined by the City, an evaluation of and comments from Sheppard
Air Force Base /Municipal Airport and the appropriate City department(s)
regarding Kickapoo Downtown Airpark. The City shall provide this
information for inclusion into the application.
7. The installation of antennas and /or towers shall take advantage of existing
structures in the area and shall co- locate or share towers to the greatest
extent possible so as not to interfere with minimum altitudes or operational
safety of aircraft, and to limit the proliferation of towers to the greatest
extent possible.
Should a tower provider deem that it is not possible to share a tower with
more than one antenna or that a new tower is required to accommodate
service providers, the tower provider shall be required to provide
documentation to that effect. In addition, should a tower provider
determine that it was not possible to locate a tower in the area of other
towers or structures of similar heights, or atop existing structures, the
tower provider shall be required to provide documentation to that effect.
Such documentation shall be included with the application.
C. Guy wires and equipment buildings shall be located on the same lot as the
tower.
D. Towers shall be located on a platted lot.
E. A lot upon which a tower is located shall comply with Section 6200 regarding
parking and paved access, and provisions addressing storm water detention. If
no building is constructed for human occupation, no parking shall be required.
F. If a tower is proposed within 100 feet of a public rights -of -way, or within 300 feet
of an adjacent land use, there shall be provided canopy trees, understory trees
and shrubs, of a type and size defined under Section 6800, of a sufficient
number and spacing that will screen the ground -level visual effects of the tower
and associated appurtenances from adjacent properties and rights -of -way. Such
requirements shall be in addition to and in compliance with provisions of Section
6800 regarding landscaping. This provision shall also apply to those situations
where ground -level equipment or buildings are being placed. A landscape plan
shall be required. The City shall have sole discretion as to the adequacy of a
proposal to accomplish the intent of this provision for screening the ground -level
visual effects of the tower.
G. A lot used to locate a tower upon shall be subject to a Conditional Use Permit for
all- subsequent activities or land uses proposed.
H. No signs, banners, logos or similar such advertising, notice or graphics shall be
attached or applied to a tower or antenna or mounted, applied or attached to
ground -level equipment buildings associated with the tower. This provision shall
not apply to warning signs or other signs as required by governmental agencies.
I. Towers, antennas and structures shall be equipped with and maintain aircraft
warning lights if required by the FAA or the City.
J. The tower provider shall be responsible for periodic or routine inspections
according to acceptable industry standards. The Building Official may order an
inspection following any event that would question the continued integrity of
construction.
K. The Building Official:
Shall require a building permit for the installation of any tower, and shall
determine the need for a building permit regarding any attachment to a
tower, or the installation of any building, cabinets or other accessory or
ancillary facilities. Where attachments are being made to a tower, signed
and sealed engineering specifications may be required which certifies that
the tower with attachments will continue to maintain structural integrity as
required herein.
2. Shall ascertain that conditions addressed herein, and others as may be
required by the Commission, are in place prior to beginning operations or
the installation of any antenna.
L. Nonconforming communication towers
Existing towers, not in conformance with regulations herein, shall be determined
as nonconforming and subject to the following provisions:
Communication towers in existence at passage of this regulation shall be
allowed to continue to be used as they presently exist. Modifications to
accommodate the co- location of an additional user or users shall be
permitted on existing towers subject to provisions under paragraph K.
herein.
An exception to this provision exists if there is provided Comprehensive
General Liability Coverage listing the City as additional named insured in
the following amounts:
a. For towers 300 feet or less, a minimum insured amount of
$500,000.
b. For towers in excess of 300 feet in height, a minimum insured
amount of one million dollars.
Should the tower owner have more than one tower within the City limits,
the insurance total shall be determined by the aggregate tower height of
all towers owned by the company within the City limits.
2. Where ground -level equipment is proposed, the area shall be subject to
paragraph E.
3. A tower may be replaced if the replacement does not exceed the height of
the previous tower. The replacement of a tower will require compliance
with paragraph K or may obtain an exception if Comprehensive General
Liability Insurance Coverage is provided as per Section L 1. This
provision shall not apply to a tower that has been removed for a period of
six months or longer. A proposal to replace a tower that has been
removed for a period of six months shall be considered a new tower and
subject to all requirements under this regulation.
4. No plat shall be required when locating equipment cabinets, or equipment
buildings not intended for human occupation.
M. A Conditional Use Permit shall not be required under the following situations:
1. Locating towers or antennas atop existing structures, subject to Section
6400 as amended, within the CBD, LI, HI or GC zoning districts.
2. Installation of ground -level equipment and /or buildings used to house
such equipment.
3. Installation of antennas on existing towers that does not increase the
height of the tower.
N. A monopole or stealth tower may be allowed to locate within the LO, LC and GC
zoning districts, and a stealth tower may be located within the MFR, MHR, RMU,
and PUD zoning districts, and within non - residential structures within the SF -1
and SF -2 zoning districts where the Commission has determined through the
Conditional Use Permit process that the installation of the tower will have not
have a negative impact on adjacent land uses and serves the purpose of this
regulation.
O. Towers and /or antennas intended for amateur radio stations:
1. Shall require a building permit, manufacturer's specifications and site
plan. An exception to this provision exists for towers less than 70 feet in
height.
2. Shall be evaluated on a case -by -case basis for requiring a Conditional
Use Permit. The criteria used in making such determination shall include,
but not be limited to the location of the tower in relation to the height of the
tower in relation to adjacent residential land uses.
07/20/2001 13:12 9406912930 SOUTHERN STAR 6J F TX PAGE 01
July 20, 2001
Ramona,
Will you please add me to the solicitor's permit for Southern Star Inc.
Denise Marie Reese (maiden name is Chudej)
4335 Grandview S
Wichita Falls, Texas 76306
TX DL
SS 4
Height
Weight
Hair Color
Eye Color
Complexion
16578011
461 -69 -1131
5,7„
115
Blonde
Hazel
White
Let me know if you need anything else. Thanks a bunch!!!!
Southern Star Inc.
Regional Service Provider
6232 Southwest Pkwy. #102
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Wic�hit_alFskilss,, TX�76/J310 �O
897 -936 -DISH Representative
<:yC 8474 840- 681 -9911
Sales - Installation - Service - Supplies
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ORDINANCE NO. THE STATE OF TEXAS
35-2001 #1328075
ORDINANCE REVIS- COUNTY OF WICHITA
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FOR RESIDENTIAL CURBSIDE AUTO- ng Here)
MATED SERVICE
FROM $10.55 PER 21st
MONTH TO $9.05 On this day of May, 2001
PER MONTH.
ORDINANCE NO.
39-2001
ORDINANCE OF A.D. personally appeared before me, the undersigned authority
THE CITY COUNCIL
OF THE CITY OF Kathy Salan
WICHITA FALLS, bookkeeper
TEXAS, AMENDING
CHAPTER 32,WA- for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
TER AND SEWERS,
AT ARTICLE V DIVI- Times/Record News, a newspaper published at Wichita Falls in Wichita County,
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FACILITIES; RE- of advertising published
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ORDINANCE NO.
40-2001
ORDINANCE RE- May20, 2001
CODIFYING CHAP-
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PROVIDING FOR
INCLUSION IN THE
CODE; PROVIDING (SEAL) Subscribed and sworn to before me this the day and year first above written:
FOR SEVERABILI-
TY.
ORDINANCE NO.
45-2001 ,
ORDINANCE
AMENDING APPEN-
DIX C OF THE j
CODE OF ORDI-
NANCES ADOPTING
COMMUNICATION
TOWER REGULA-
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ORDINANCE NO. ••
52-2001 • ••AN ORDINANCE OF 'p••. GL�
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