§ 52-32d. Wireless telecommunications facilities.
(a)
Notwithstanding any other provision of this ordinance, telecommunications antennas, when such are permitted by federal law and the laws of the State of Texas, shall be regulated and governed by the following use regulations and requirements:
(1)
For the purpose of this section the following words and phrases shall have the meanings ascribed to them as follows:
a.
The term "telecommunications tower" means a structure more than ten (10) feet tall, built primarily to support one (1) or more telecommunications antennas.
b.
The term "telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
c.
The term "telecommunications service" means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
d.
The term "antenna" means any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, and dishes, and omnidirectional antennas, such as whips, but not including satellite earth stations.
e.
The term "telecommunications antenna" means an antenna used to provide a telecommunications service.
f.
The term "antenna array" means a structure attached to a telecommunications tower that supports a telecommunications antenna.
g.
The term "whip antenna" means an omni-directional dipole antenna of cylindrical shape which is no more than six (6) inches in diameter.
h.
The term "non-whip antenna" means an antenna which is not a whip antenna, such as dish antennas, panel antennas, etc.
i.
The term "EIA-222" means Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antenna Support Structures".
(2)
Telecommunications towers.
a.
Telecommunications towers shall be permitted only in an S-P-1 site plan district under section 52-32a of this ordinance after the applicant has made a written request for a change in zoning under said section 52-32a of this ordinance to permit such use.
b.
The site plan to be submitted pursuant to said section 52-32a shall satisfy all of the requirements of section 52-32a and the following additional requirements:
1.
Tower height, including antenna array, may not exceed one hundred twenty (120) feet.
2.
Telecommunications towers must be a minimum of two hundred (200) feet or three (3) to one (1) distance to height ratio, whichever is greater, from structures used for residential purposes.
3.
New telecommunications towers must be a minimum distance of five thousand (5,000) feet from another telecommunications tower.
4.
All guys and guy anchors are located within the buildable area of the lot and not within the front, rear, or sideyard setbacks and no closer than five (5) feet to any property line.
5.
The base of the tower is enclosed by security fencing.
6.
Equipment buildings must be similar in color and character to the main or adjoining building or structure or blend with the landscaping and other surroundings immediately adjacent to it and be screened by a chain link or wrought iron fence with evergreen hedge, a blind fence, or a masonry wall.
7.
The tower is erected and operated in compliance with current Federal Communication Commission and Federal Aviation Administration rules and regulations and other applicable federal and state standards.
8.
A telecommunications tower must be:
(i)
Used by three (3) or more wireless communications providers; or
(ii)
Designed and built so as to be capable of use by three (3) or more wireless communications providers including providers such as cellular or PCS providers using antenna arrays of nine (9) to twelve (12) antennas each within fifteen (15) vertical feet of each other with no more than three (3) degrees of twist and sway at the top elevation and the owner of the tower and the property on which it is located must certify to the city that the antenna is available for use by another wireless telecommunications provider on a reasonable and nondiscriminatory basis and at a cost not exceeding the market value for the use of the facilities. If the property on which the tower is proposed to be located is to be leased, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the zoning application.
9.
All towers will be of a tapering monopole construction, except that another type tower shall only be allowed upon a showing that it would cause less visual impact on surrounding property than a similar monopole structure.
10.
No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a telecommunications tower, antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law.
11.
The need for the requested site and the nature of any existing sites shall be documented and the manner in which the rezoning will promote the City of Irving's telecommunications policies shall be demonstrated.
12.
Telecommunications towers should be constructed to minimize potential safety hazards. Telecommunications towers shall be constructed so as to meet or exceed the most recent EIA-222 standards and prior to issuance of a building permit the building official shall be provided with an engineer's certification that the tower's design meets or exceeds those standards. Guyed towers shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures, public streets, utility lines and other telecommunications towers.
13.
Telecommunications towers and equipment buildings shall be located to minimize their number, height and obtrusiveness to minimize visual impacts on the surrounding area and in accordance with the following policies:
(i)
Ensure that the height of towers and monopoles has the least visual impact and is no greater than required to achieve service area requirements and potential collocation, when visually appropriate.
(ii)
Demonstrate that the selected site for a new monopole and tower provides the least visual impact on residential areas and the public way. Analyze the potential impacts from other vantage points in the area to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
(iii)
Site telecommunication facilities to minimize being visually solitary or prominent when viewed from residential areas and the public way. The facility should be obscured by vegetation, treecover, topographic features, and buildings or other structures to the maximum extent feasible.
(iv)
Place telecommunication facilities to ensure that historically significant landscapes are protected. The views of and vistas from architecturally and/or historically significant structures should not be impaired or diminished by the placement of telecommunication facilities.
(v)
The commission may recommend a variance and the council may grant a variance to a requirement for telecommunications towers when it is determined that such a variance better accomplishes the polices set out in this subsection than would a strict application of the requirement. Such variance shall be no greater than necessary to accomplish those policies.
14.
No signals or lights or illumination shall be permitted on a monopole unless required by the Federal Communications Commission, the Federal Aviation Administration, or the city.
15.
If any additions, changes, or modifications are to be made to the monopole, the director of building inspections shall have the authority to require proof, through the submission of engineering and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the current Building Code adopted by the City of Irving.
16.
Telecommunication towers which have not been used for a period of one year shall be removed from a site. The last telecommunication service provider to use a tower shall notify the director of building inspections or designee within thirty (30) days that use of a tower has been discontinued.
17.
Back haul providers shall be identified and have all necessary approvals to operate as such, including holding necessary franchises, permits and certificates and the method of providing back haul, wired or wireless, shall be identified.
18.
The applicant shall fully and accurately complete a questionnaire supplied them by community development designed to gather information to assist in making a decision regarding the rezoning application. In order to assist the staff, the commission and the council 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 closest residential property and from adjacent roadways.
19.
The tower complies with all ordinances of the city not in conflict with this section.
c.
In addition to the usual application fee for a request for a change in zoning under said section 52-32a, the applicant shall reimburse the city for the actual cost to the city for the services of an engineer should one be required to review the application and provide engineering expertise, up to a maximum of five thousand dollars ($5,000.00).
(3)
Antennas mounted on existing structures.
a.
Antennas mounted on buildings.
1.
Roof-mounted telecommunications antennas are allowed on non-residential buildings in all zoning districts without further zoning proceedings, including those located in a PUD district or an SP, S-P-1, or S-P-2 site plan district, provided a non-whip antenna does not exceed the height of the building by more than ten (10) feet and is screened from view from any adjacent public roadway and provided a whip antenna does not exceed the height of the building by more than fifteen (15) feet and is located no closer than fifteen (15) feet to the perimeter of the building. Prior to installation of a roof-mounted antenna the department of building inspections shall be provided with an engineer's certification that the roof will support the proposed antenna and associated roof-mounted equipment. Roof-mounted antennas and associated equipment may be screened with enclosures or facades having an appearance that blends with the building on which they are located or by locating them so that they are not visible from an adjacent public roadway.
2.
Building-mounted telecommunications antennas of the nonwhip type are allowed on nonresidential buildings in all zoning districts without further zoning proceedings, including those located in a PUD district or an SP, S-P-1, or S-P-2 site plan district, provided the antenna is mounted flush with the exterior of the building so that it projects no more than thirty (30) inches from the surface of the building to which it is attached; and the antenna's appearance is such as to blend with the surrounding surface of the building.
3.
Associated equipment shall be placed either within the same building or in a separate building which matches the existing building in character and building materials or blends with the landscaping and other surroundings immediately adjacent to the separate building housing the equipment. Associated equipment for roof-mounted antennas may be located on the roof of the building if it is screened from view from any adjacent public roadway.
b.
Telecommunications antennas are allowed without further zoning on existing utility and telecommunications towers and sign structures exceeding fifty (50) feet in height, including those located in a PUD district or SP, SP-1, or S-P-2 site plan district, provided that the antenna does not exceed the height of the structure by more than ten (10) feet if a non-whip type or fifteen (15) feet if a whip type. Existing utility and telecommunications towers and sign structures may be rebuilt if necessary to support the load of the new antenna without further zoning if the rebuilt tower or structure is substantially similar in appearance to the existing tower or structure it replaces.
c.
Telecommunications antennas located on existing structures are not subject to the five-thousand-foot separation requirement.
d.
When an application for a building permit to locate a telecommunications antenna on an existing building or other structure is made the department of building inspections shall be provided with color photo simulations showing the site of the existing structure with a photo-realistic representation of the proposed antenna and the existing structure or any proposed reconstruction of the structure as it would appear viewed from the closest residential property and from adjacent roadways. The applicant shall also submit photographs of the same views showing the current appearance of the site without the proposed antenna.
(b)
Telecommunications antennas shall not be constructed or used within the City of Irving without all approvals and permits first having been secured.
(c)
Within thirty (30) days of the enactment of this ordinance and during each January thereafter providers of personal wireless services, as that term is defined by federal law, operating in the City of Irving shall provide the city with their respective master antenna plan, including detailed maps, showing the precise locations and characteristics of all telecommunications antennas and towers serving any portion of the city and indicating coverage areas for current and future telecommunications antennas and towers and shall provide the city with any updates to the above documents. Updating documents shall be provided to the city within three (3) months of their creation.
(d)
It shall be an affirmative defense to prosecution for a violation of a provision of this section that compliance with the provision would prohibit or have the effect of prohibiting the provision of personal wireless services as defined by federal law. In addition, any entity that desires to erect or utilize telecommunication facilities that would be prohibited by the ordinances or regulations of the city dealing with zoning and land use may apply for such use under this section and section 52-32a and the council shall, upon a showing that strict application of the regulation would prohibit or have the effect of prohibiting personal wireless service as defined by federal law, vary the subject regulation, consistent with the spirit and intent of this section, to the extent necessary to prevent the prohibition.
(Ord. No. 7000, § 1, 3-11-97; Ord. No. 8593, § 1, 1-12-06)