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Telecommunications Tower Ordinance

REVISED
ORDINANCE NO. 000302-36

AN ORDINANCE AMENDING THE CITY CODE RELATING TO TELECOMMUNICATION TOWERS.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:

PART 1. Section 25-2-839 of the City Code is amended to read as follows:

§ 25-2-839 TELECOMMUNICATION TOWERS.

(A) A tower used by a public agency exclusively for police, fire, emergency medical services, 911 or other public emergency communications is exempt from the requirements of this section and Section 25-2-840 (Special Requirements For Telecommunication Towers).

(B) A telecommunication tower may exceed the height restrictions of the base zoning district and the compatibility standards in Article 10 (Compatibility Standards).

(C) A telecommunication tower must be constructed in accordance with the most recent American National Standard Institute structural standards for steel antenna towers.

(D) Notwithstanding the requirements of Subsections (E) , (F), and (G) a telecommunication tower that complies with the requirements of this subsection is permitted in any zoning district.

(1) The tower must be a replacement for a functioning:

(a) utility pole or light standard within a utility easement or public right of way;

(b) recreation facility light pole; or

(c) telecommunication tower.

(2) The tower, including antenna array, may not exceed the height of:

(a) the original utility pole, light standard, or recreation facility pole by more than 10 feet; or

(b) the original telecommunication tower and antenna array.

(3) The tower may not obstruct a public sidewalk, public alley, or other public right of way.

(4) The tower must be similar in appearance and function to the pole, standard, or tower that it replaces, except for the antennae.

(E) A telecommunication tower described in Subsection (F) or (G) must comply with the requirements of this subsection.

(1) The tower may not be located:

(a) on or within 300 feet of property that is zoned historic or included in a National Register District or City Historic District;

(b) within 50 feet of a day care services (commercial) use; or

(c) within 50 feet of a dwelling unit.

(2) The tower must be of monopole construction and designed to accommodate at least two antenna array.

(3) The antenna array may not exceed tower height by more than 10 feet.

(4) Guys and guy anchors must be at least 20 feet from adjoining property.

(5) The tower must be:

(a) enclosed by security fencing; and

(b) screened from street view by landscaping at least six feet high.

(6) The tower must be identified by a sign visible from outside the screening. The sign must state in letters at least two inches high the name and telephone number of the tower manager and the Federal Communications Commission license number.

(F) A telecommunication tower that complies with the requirements of this subsection is a permitted use in an SF-6 or less restrictive district, except for an MH district.

(1) The tower must be at least 200 feet from an MH district or use or an SF-5 or more restrictive district or use.

(2) The tower, excluding antenna array, may not exceed the following height:

(a) 75 feet, for a tower less than 250 feet from an MH district or use or SF-5 or more

restrictive district or use;

(b) 100 feet, for a tower at least 250, but less than 540, feet from an MH district or use or an SF-5 or more restrictive district or use; or

(c) 120 feet, for a tower 540 feet or more from an MH district or use or an SF-5 or more restrictive district or use.

(6) The director may waive a requirement of this subsection for a minimum separation distance between a tower and an MH use or an SF-5 or more restrictive use if the director determines that:

(a) the tower will be located in a GO or less restrictive district;

(b) not more than two uses that are MH uses or SF-5 or more restrictive uses are less than the prescribed separation distance from the tower base;

(c) the MH uses or SF-5 or more restrictive uses that are less than the prescribed separation distance from the tower base, if any, are located in SF-6 or less restrictive zoning districts; and

(d) the proposed tower location will not negatively affect a residential neighborhood.

(G) A telecommunications tower that is not a permitted use under Subsection (F) is a conditional use in an SF-6 or less restrictive district except for an MH district, if the tower complies with the requirements of this subsection.

(1) The tower must be at least 75 feet from an MH district or use or an SF-5 or more restrictive district or use.

(2) The tower, excluding antenna array, may not exceed the following height:

(a) 75 feet for a tower less than 100 feet from an MH district or use or am SF-5 or more restrictive district or use;

(b) 100 feet, or a tower at least 100, but less than 200, feet from an MH district or use or an SF-5 or more restrictive district or use;

(c) 120 feet, for a tower at least 200, but less than 300, feet from an MH district or use or an SF-S or more restrictive district or use; or

(d) a height set by the Planning Commission, for a tower 300 feet or more from an MH district or use or SF-5 or more restrictive district or use.

(2) The Planning Commission may waive a requirement of this subsection for a minimum separationdistance between a tower and an MH use or an SF-5 or more restrictive use if the Planning Commission determines that:

(a) the tower will be located in a GO or less restrictive district

(b) not more than two uses that are MH uses or SF-5 or more restrictive uses are less than the prescribed separation distance from the tower base:

(c) the MH uses or SF-5 or more restrictive uses that are less than the prescribed separationdistance from the tower base, if any, are located in SF-6 or less restrictive zoning districts; and

(d) the proposed tower location will not negatively affect a residential neighborhood.

(H) The distance from a tower to a zoning district or use is measured:

(1) along a straight line from the center of the tower base to the nearest property line of the zoning district or use; or

(2) for a distance prescribed by Paragraph (E)(1)(c), along a straight line, from the center of the tower base to the nearest exterior wall of the dwelling unit.

(I) In this section, a reference to an MH district or use or SF-S or more restrictive zoning district or use does not include property that is:

(1) vacant and unplatted;

(2) used for a public or private primary or secondary educational facility;

(3) used for a college or university educational facility;

(3) owned by the United States, the State of Texas, a county, or the City, and not used for an MH or SF-5 or more restrictive residential use;

(5) used primarily for religious assembly;

(6) used for a cemetery;

(7) used for a non-residential, nonconforming use; or

(8) determined by the director to be used in a manner similar to the uses described in this subsection.

PART 2. Chapter 25-2 of the City Code is amended to add a new Section 25-2-840 to read as follows:

§ 25-2-840 SPECIAL REQUIREMENTS FOR TELECOMMUNICATION TOWERS.

(A) An application to construct a telecommunication tower described in Section 25-2-839 (F) or (G) (Telecommunication Towers) must be accompanied by an affidavit that includes:

(1) a description of the search area for the tower location;

(2) the elevation required for the antenna array; and

(4) the reasons that the antenna array cannot be located on an existing tower or other structure.

(B) This subsection applies if a telecommunication tower described in Section 25-2-839 (F) or (G) (Telecommunication Towers) ceases to be used for wireless communications.

(1) The tower owner and the property owner shall notify the director that the tower is not being used for wireless communications within 30 days of the cessation of use.

(2) If the tower is not used for wireless communications for a continuous one year period, the tower owner and the property owner shall remove the tower. The tower owner and the property owner shall finish the tower removal within 18 months of the date that wireless communications cease.

(C) The director shall maintain a map of all telecommunication towers located within the planning jurisdiction.

PART 3. Section 25-2-439 of the City Code is amended to delete the "X" and place endnote "4" at the intersection of the public (P) district column and the telecommunication tower row referring the reader to Section 25-2-624.

PART 4. Section 25-2-624 of the City Code is amended to read as follows:

§ 25-2-624 PUBLIC (P) DISTRICT USES.

(A) In a public (P) district, the following are permitted uses:

(1) governmental, civic, public service, and public institutional uses;

(2) residential uses associated with educational, military, medical, or similar public uses;

(3) commercial or industrial uses that are accessory to or in support of a principal public use on the same site;

(4) agricultural uses; and

(5) temporary uses.

(B) A telecommunication tower use is a permitted or conditional use, as determined in accordance with Section 25-2-839 (Telecommunication Towers).

PART 5. Section 25-5-2 of the City Code is amended to add-a new Subsection (J) to read as follows:

(J) The exemptions provided by this section do not apply to a telecommunications tower described in Subsection 25-2-839(F) or (G) (Telecommunication Towers).

PART 6. Subsection 25-5-3(B) of the City Code is amended to read as follows:

(B) The following are small projects:

(1) construction of a building or parking area if the proposed construction:

(a) does not require a variance from a water quality regulation;

(b) does not exceed 5,000 square feet of impervious cover; and

(c) the construction site does not exceed 10,000 square feet, including the following areas:

(i) construction;

(ii) clearing;

(iii) grading;

(iv) construction equipment access;

(v) driveway reconstruction;

(vi) temporary installations, including portable buildings, construction trailers, storage areas for building materials, spoil disposal areas, erosion and sedimentation controls, and construction entrances;

(vii) landscaping; and

(viii) other areas that the director determines are part of the construction site;

(2) construction of a storm sewer not more than 30 inches in diameter that is entirely in a public right-of-way or an easement;

(3) construction of a utility line not more than eight inches in diameter that is entirely in a public right-of-way;

(4) construction of a left turn lane on a divided arterial street;

(5) construction of street intersection improvements;

(6) widening a public street to provide a deceleration lane if additional right-of-way is not required;

(7) depositing less than two feet of earth fill, if the site is not in a 100 year floodplain and the, fill is not to be deposited within the dripline of a protected tree;

(8) construction of a boat dock as an accessory use to a single-family or duplex residential use if shoreline modification or dredging is not required; or

(9) construction of a retaining wall, if the wall is less than 100 feet in length and less than eight feet in height, and the back fill does not reclaim a substantial amount of land except land that has eroded because of the failure of an existing retaining wall;

(10) minor development that the director determines is similar to that described in Subsections (B)(1) through (9) of this section;

(11) the replacement of development that is removed as a result of right-of-way condemnation; and

(12) the construction of a telecommunications tower described in Subsection 25-2-839 (F) or (G) (Telecommunication Towers).

PART 7. Section 25-5-4 of the City Code is amended to add a new Subsection (B) to read as follows:

(B) This subsection prescribes the notice required for an application to construct a telecommunication tower described in Subsection 25-2-839(F) or (G) (Telecommunication Towers).

(1) The director shall send notice of the application to each registered neighborhood organization in whose boundaries the proposed tower is located and to each record owner of property within 300 feet of the centerline of the proposed tower. The notice must include the tower location, the name and telephone number of the tower owner, and the telephone number of the Development Review and Inspection Department.

(2) The director shall post a sign at the street right-of-way nearest the proposed tower location. The sign must state that an application to construct a telecommunication tower at that location has been filed and include the name and telephone number of the tower owner.

PART 8. Section 25-2-840 (Group And Family Homes) is renumbered as Section 25-2 841.

PART 9. The Council waives the requirements of Sections 2-2-3 and 2-2-7 of the City Code for this ordinance.

PART 10. This ordinance takes effect on March 13, 2000.

PASSED AND APPROVED