A. The regulations of this Section 6.6: Wireless Telecommunication Facilities apply to each new Antenna Facility and Telecommunications Tower located within any district within the City Limits.
B. A preexisting Antenna Facility or Telecommunications Tower lawfully in existence on September 25, 2007 that is nonconforming with these regulations is not required to meet the requirements of these regulations unless the following occurs:

1. More than fifty percent (50%) of the Antenna Facility or Telecommunications Tower is damaged or removed; or
2. The Antenna Facility or Telecommunications Tower is expanded in height or area.

C. A preexisting Antenna Facility or Telecommunications Tower lawfully in existence on September 25, 2007 that is nonconforming with these regulations may be modified to decrease the degree of nonconformity upon approval by the Planning Director.

A. Equipment storage building or enclosure. See § UDC-6.6.3A.
B. Driveway surfaces.

1. All Antenna Facilities and Telecommunications Towers must be accessed by a paved driveway constructed of asphalt or concrete.
2. The driveway must provide the equivalent of one (1) parking space that effectively prevents utility vehicles from having to maneuver into the right-of-way.
3. Driveways should be constructed to not inhibit access to surrounding development or to compromise the ability of the lot to be developed or redeveloped, according to the reasonable judgment of the Planning Director, subject to appeal by any aggrieved party to the Zoning Board of Adjustment within ten (10) calendar days of the Director's decision.

C. Lighting. External lighting is prohibited on an Antenna Facility or a Telecommunications Tower except as required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).
D. Permissible telecommunications towers.
New Telecommunications Towers are limited to Monopole, Stealth Facility, and Alternative Mounting Structures.
E. Construction standards.

1. The applicant for an Antenna Facility or Telecommunications Tower must obtain a Building Permit before beginning construction.
2. The facility must be constructed or installed according to the manufacturer's recommendations or according to plans submitted to the City under the seal of an Engineer licensed in the State of Texas.
3. The facility must comply with applicable state and City-adopted building codes.
4. Facilities are prohibited from locating within easements unless approval is granted in writing by the owner of the easement.

1. To ensure the structural integrity of each Antenna Facility or Telecommunications Tower, the applicant or owner must ensure that the facility is maintained in full compliance with the City's adopted building code and safety regulations as well as all other regulations of this section.
2. If, upon inspection, the City or a third party inspector retained by the City concludes that the facility fails to comply with the City's adopted Building Code or this section, or constitutes a danger to persons or property, the City will serve written notice to the owner of the facility.
3. Upon being notified by mail or by notice posted at the location of the facility, the owner must bring the facility into compliance within thirty (30) calendar days.
4. Failure to bring the facility into compliance constitutes grounds for removal of the facility at the owner's expense.
5. The notice requirements of this subsection F do not preclude immediate action by the Building Official as allowed by law if such action is required to preserve the safety of persons or property.

1. Any Antenna Facility or Telecommunications Tower that is not actively transmitting or receiving signal or that is not connected to a network or backhaul provider is considered abandoned and must be removed, at the owner's expense, within one hundred eighty (180) calendar days of a determination by the City, or a third party inspector retained by the City, that the tower has ceased operation.
2. Deactivation of a facility for the purpose of antenna replacement is subject to the ninety (90) day limitation placed on work for which a Building Permit is issued (see Subsection F, below). If, after ninety (90) calendar days, the facility is still inactive and the applicant or owner has not requested an extension, the City may begin proceedings to have the tower removed at the owner's expense.
3. Upon receiving notice from the City to remove the abandoned tower, the owner may request an extension in writing with a written statement of the owner's intentions to either remove the facility or to activate it within ninety (90) calendar days.
4. If the facility is not removed or activated following a granting of extension by the Planning Director, the City may notify the owner that it intends to contract for removal of the facility at the owner's expense.
5. The owner may appeal the decision of the Planning Director to declare the facility abandoned to the Zoning Board of Adjustment within ten (10) calendar days from receipt of notice.

(i) The Board may affirm the Director's decision, declare the facility to be active and not subject to this Subsection G, or grant an extension up to ninety (90) calendar days.

6. Upon removal of the facility, the site must be returned to its preexisting condition, including natural slope and native vegetation, within one hundred eighty (180) calendar days.

Application and review. See Table 6.6.1 for detailed information.

A. Responsible official. The Planning Director is the Responsible Official for processing an application for a Special Exception under this section and the Building Official is the Responsible Official for processing an administrative application under this section.
B. Information required for all new facilities. The applicant for a new Antenna Facility or Telecommunications Tower must provide the following information for an application to be considered complete by the Responsible Official:

1. A written description of the facility and the building or property on which the facility is to be installed, including a copy of the recorded plat that depicts any easements or right-of-way on or abutting the property.
2. The proposed facility and any ancillary buildings or enclosures must be identified on a dimensioned site plan at an adequate scale to show setbacks from abutting property lines and Right-of-Way.
3. A description of the means used to access the site, including identification of any property owners or beneficiaries from whom permission is required to access the property.

(i) If access to the site requires an access easement, the applicant must supply a copy of an easement recorded with the County granting the owner of the facility access before the permit is issued.

4. Engineered drawings of all equipment, structures, and antennas, along with photo simulations depicting how the facility will appear from ground level at abutting property lines or public right-of-way (the Building Official may waive this requirement for a Level 1 Stealth Facility).
5. A propagation map or similar study that depicts coverage provided by existing facilities within a three (3) mile radius along with the gaps in existing coverage that the proposed facility will address, if applicable.
6. Names of telecommunications providers that will use the facility, if known, and how many spaces will be available for antenna Co-Location.
7. Information on wireless or wired connections to other facilities and the identity and contact information of the backhaul provider.
8. Analysis demonstrating that the proposed facility will not interfere with public communications channels or frequencies during normal operation.

C. Additional information for facilities requiring a specific use permit.
In addition to the information required in subsection B. above, the following information is required for all facilities shown as requiring an SUP (See § Table 6.6-1):

1. Analysis of potential Co-Location on existing Antenna Facilities or Telecommunications Towers within three (3) miles of the proposed location, including facilities that may be located outside of the City. The analysis must include a written description of any efforts made by the applicant to Co-Locate on existing facilities along with reasons why existing facilities are infeasible or inadequate for Co-Location.
2. A written explanation of how the proposed facility will address existing inadequate Co-Location opportunities if the facility is approved.
3. Where site conditions permit, the applicant must conduct a balloon test as part of the application process. The test consists of raising one (1) or more balloons tethered to the ground and rising to a height equal to the proposed tower.
4. Analysis of whether the facility could be constructed as a type that does not require an SUP using any of the described methods in Table 6.6-2: Antenna Facility Stealth Levels.

D. Satellite receive-only antennas one meter or less exempted.
A Wireless Facility Permit or Specific Use Permit is not required for Satellite Receive-Only Antennas measuring one meter diameter or less.
E. Co-location.

1. A Wireless Facility Permit is required for Co-Location if additional structural support will be needed to make the facility suitable for the Co-Location.
2. If a Wireless Facility Permit is required, the Building Official will determine the required information on the application based on an assessment of the facility.
3. A Co-Location that increases the height of the facility or its level of visibility or impact (such as a change from a higher level of stealth facility to a lower level) will be considered a new facility for the purpose of applying the requirements of this section.

1. The Building Official will issue approval or denial of a Wireless Facility Permit under this section no more than sixty (60) calendar days after receiving a complete application.
2. If the Building Official finds that an application is incomplete, the Building Official will notify the applicant within thirty (30) calendar days with a list of items that require correction.
3. The applicant must respond within forty-five (45) calendar days of receiving notice from the Building Official that the application is incomplete.
4. The applicant must begin construction or installation of the facility within ninety (90) calendar days after the Building Official has issued the permit for construction or the permit will expire.

(i) City Council may consider a request for a facility listed as requiring a Specific Use Permit in Table 6.6-2 after property owners within two hundred feet (200') of the subject property have been notified, and upon recommendation by the Planning Director and the Planning and Zoning Commission based on consideration of the following criteria:

(1) The appropriateness of the location and design of the Antenna Facility or Telecommunications Tower;
(2) The potential for interference with the use and enjoyment of surrounding properties;
(3) The proposed height of the facility relative to surrounding development;
(4) The character of the development and zoning districts surrounding the subject property;
(5) The effectiveness of proposed stealth techniques at minimizing the visual impact of the tower, antennas, or ancillary structures, and the need for ongoing maintenance of devices used to camouflage the facility (See Subsection § UDC-6.6.4B).

(ii) City Council, following a public hearing, may by simple majority vote to approve a Specific Use Permit subject to the applicant having addressed the following conditions:

(1) That the Antenna Facility or Telecommunications Tower will permit Co-Location of other operators on the facility;
(2) That the facility will accommodate other wireless telecommunications operators, including the City;
(3) Construction and operation of the facility will not physically hinder the development or redevelopment of surrounding properties including the subject property;
(4) The proposed site is the most feasible location for the facility based on evidence and documentation provided by the applicant; and
(5) The means used to camouflage or reduce the visual impact of the facility are adequate to protect the value and character of surrounding properties.

(i) If the Council votes to approve the Specific Use Permit, construction may not begin until the Building Official issues a Building Permit.
(ii) If the Council votes to deny the Specific Use Permit, the decision must be documented in writing in accordance with the requirements of the orders of the Federal Communications Commission and the Telecommunications Act of 1996, as amended.

See Section 6.6: Wireless Telecommunication Facilities for complete, detailed information.

See Application Center for complete detailed information on applications and permits.