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HomeMy WebLinkAbout99-3223ZONING ORDINANCE: RA~)IO, TELEVISION, AND MICROWAVE TOWERS ORDINANCE NO. 99-3223 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS, TO AMEND SECTION 8, RADIO, TELEVISION, AND MICROWAVE TOWERS; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAUSE; AND EFFECTIVE DATE. WHEREAS, Ordinance No. 89-2798, known as the City of Plainview Zoning Ordinance, sets forth in Section 5 the requirements for amending the zoning ordinance of the City of Plainview, Texas; and WHEREAS, the City Council deems it necessary to amend the ordinance to address the siting of radio, television, and microwave towers; and WHEREAS, notice of a public hearing to discuss said amendment was published in the Plainview Daily Herald before the 15th day prior to the hearing date; and WHEREAS, said hearing was held in the Council Chambers of the City Hall, Plainview, Texas, at which time persons appeared in support of the proposal; and WHEREAS, the proposed amendment, as hereinafter made, has been duly presented to the Planning and Zoning Commission for its recommendation which was received by the City Council; and WHEREAS, it was determined by the City Council that it would be in the best public interest to amend the ordinance as described below in the manner hereinafter set forth in the body of this Ordinance; NOW, THEREFORE, the City of Plainview Hereby Ordains: SECTION I Section 8:3.7. is amended as follows: The general purpose of this sectiOn is to regulate the placement, construction, and modification of Towers and Telecommunications Facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications market place in the City of Plainview. Ordinanoe No. 99-3223 P~elo5 SpecifiCally, the purposes of this section are: a. To regulate the loCation of Towers and TelecommuniCations Facilities in the City; b. To protect residential areas and land uses from potential adverse impact of Towers and TelecommuniCations Facilities; To minimize adverse visual impact of Towers and TelecommuniCations Facilities through Careful design, siting, landsCaping, and innovative camouflaging techniques; d. To promote and encourage shared use/collocation of Towers and Antenna Support Structures as a primary option rather than construction of additional single- use towers. e. To avoid potential damage to property caused by Towers and Telecommunication Facilities by ensuring such structures are soundly and Carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound; and f. To ensure that Towers and TelecommuniCations Facilities are compatible with surrounding land uses. A Tower shall be permitted use of land in zoning districts as stated forth in Section Eight (8) USE OF LAND AND BUILDINGS. comp instal Tow6 4. Al No new Tower shall be built, constructed, or erected in the City unless the Tower )able of supporting another Person's operating Telecommunications Facilities arable in weight, size, and surface area to the Telecommunications Facilities led by the Applicant on the Tower within six (6) months of the completion of the construction. application for siting of a Towers and excommuniCations Facilities shall have: a Written technical evidence from an Engineer(s) that the proposed structure meets the standards set forthin paragraph 6, of this Ordinance and b A written statement from an Engineer(s) that the construction and placement of the Tower will not interfere with public safety communiCations and the usual and customary transmission or reception of radio, television, or other communication services enjoyed by adjacent residential and non-residential properties. c. ~'o assist the City staff in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the Tower with a photo- realistic representation of the proposed Tower as it would appear viewed from the closet residential property and from adjacent roadways. Ordinance No. 99-3223 Page 2 05 d. The Zoning Administrator may require an Applicant to supplement any information that is considered inadequate or that the Applicant has failed to. The Zoning Administrator may deny an Application on the basis that the Applicant has not satisfactorily supplied the information required in this subsection. Applications shall be reviewed by the Zoning Administrator in a prompt manner and all decisions shall be supported in writing setting forth the reasons for approval or denial. a. All Towers up to one-hundred (100) feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of one hundred (100) feet in height shall be set back one (1) additional foot per each foot of Tower height in excess of one hundred (100) feet. b. Setback requirements for Towers shall be measured from the base of the Tower to the property line of the parcel of land on which it is located. c. Towers shall be separated from all residential structures and residentially zoned lands by a minimum of two hundred (200) feet or two hundred (200) percent of the height of the proposed Tower, whichever is greater. Measurement for determining distance shall be from the base of the Tower to the lot line of the residential structure or the residential zone. d. Measurement of Tower height for the purpose of determining compliance with all requirements of this Section shall include the Tower structure itself, the base pad, and any other Telecommunications Facilities attached thereto which extend more than twenty (20) feet over the top of the Tower structure itself. Tower height shall be measured from grade. 6. All Towers must be designed and certified by an Engineer to be structurally sound and, at minimum, in conformance with the current adopted edition of the Uniform Building Code, and any other standards outlined in this Ordinance. All Towers in operation shall be fixed to land. 7. Towers not requiring FAA painting or marking shall have an exterior finish which enhanCes compatibility with adjacent land uses, as approved by the Zoning AdminiStrator. 8. All landscaping on a parcel of land containing Towers, Antenna Support Structures, or Telecommunications Facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the Tower, Antenna Support Structure, or Telecommunications Facilities are located. The City may require landscaping in excess of the requirements in the City Code in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing. Ordinance No. 99-3223 P~e3o5 9. A parcel of land upon which a Tower is located must provide access to at least one (1) paved vehicular parking space on site. 10. a. All Towers, Telecommunications Facilities, and Antenna Support Structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any Person. b. In the event that the use of a Tower is discontinued by the Tower owner, the Tower owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. 11. a. If any Tower shall cease to be used for a period of 365 consecutive days, the Zoning Administrator shall notify the Owner, with a copy to the Applicant, that the site will be subject to a determination by the Zoning Administrator that such site has been abandoned. The Owner shall have thirty (30) days from receipt of said notice to show, by preponderance of the evidence, that the Tower has been in use or under repair during the period. If the Owner fails to show that the Tower has been in use or under repair during the period, the Zoning Administrator shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the Owner shall, within seventy-five (75) days, dismantle and remove the Tower. b. To secure the obligation set forth in this Section the Applicant (and/or owner) shall post a bond in the an amount which shall be determined by the City Council based on the anticipated cost of removal of the Tower. 12. All commercial signs, flags, lights and attachments other than those required for communication operations, structural stability, or as required for flight visibility by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) shall be prohibited. SECTION II Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter herein. SECTION III All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION IV Should any section, subsection, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, sub-section, Ordinance No. 99-3223 Page 4 05 sentence, provision, claus~ phrase, or word severable therefrS~ and the same shall be deemed severable for this purpose. SECTION V This ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED this the 22nd day of July, 1999. Karen McBeth, City Secretary Joh~ Castro, Dir. of Community Services APPROVED AS TO FORM: /J"~/~/~ ~it~y/~ney Wall~ a~ch, Ordinance No. 99-3223 Page 5 05