HomeMy WebLinkAboutORD 97-11 - Wireless TowersORDINANCE NO, 40,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE
PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968 BY
ADDING PART THREE -A TO ESTABLISH STANDARDS FOR THE SITING
OF WIRELESS COMMUNICATION FACILITIES, ANTENNA AND
TOWERS; REPEALING PORTIONS OF SECTIONS 2.0501.16 AND
2.1202.81, SECTION 5.102 AND SECTION 11.403.8 AND AMENDING
OTHER SECTIONS OF THE ORDINANCE AS NEEDED TO COMPLETELY
DEFINE AND RESTRICT THIS USE; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY
CLAUSE; INCLUDING A PENALTY FOR VIOLATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Georgetown, Texas, finds that portion of
its current Zoning Ordinance governing uses does not fully address standards for wireless
communication facilities; and
WHEREAS, consistent with federal and state law, the City endeavors to protect the
public safety and welfare, promote high quality telecommunication services and
opportunities, safeguard community land values, promote orderly planning and
development, and minimize the size, number and obtrusiveness of antennas/towers, and
preserve historic sites, structures and areas; and
WHEREAS, collocation will be encouraged such that antennas/towers shall be
located to minimize their number, height and obtrusiveness; and
WHEREAS, this revision establishes standards for wireless communication facilities
in the City that protect the integrity of surrounding neighborhoods, businesses, and historic
districts through design and operational criteria, and
WHEREAS, the City Council of Georgetown, Texas endeavors to protect the
integrity of the natural aesthetic beauty of the City; and
WHEREAS, the Georgetown Zoning Ordinance does not comply with the Federal
Telecommunications Act regarding the construction and location of wireless
communication facilities, and since Georgetown is experiencing increased and immediate
demand for wireless communication facilities, the City Council has determined that this
ordinance should be passed in order to protect the public health, safety and welfare,
Colif
0111n I,(,\ NMI Wlfele�s CMIIMIM!�
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1: The facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct, and are incorporated by reference
herein, and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this ordinance implements the following policies of the Century Plan:
A. Environmental and Resource Conservation Policy 3.0 which states, "The physical
qualities that make Georgetown attractive are protected".
B. Growth and Physical Development Policy 7.0 which states "Georgetown's land uses
support economic, cultural and social activities for all residents, businesses and
organizations; and the City's development process encourages new and infill
development
C. Historic Preservation Policy 9.0 which states, "Prehistoric, historic, and cultural
resources are preserved, protected and promoted".
D. Urban Design Policy 13.0 which states, "Georgetown has a positive, identifiable
image and an attractive appearance."
and further finds that the enactment of this ordinance is not inconsistent or in conflict with
any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter
of the Policy.
SECTION 2. The City Council hereby adopts Part Three -A of the Zoning Ordinance
relating to the standards for the siting of wireless communication facilities, antenna and
towers, as stated in Exhibit A which is attached hereto and incorporated herein by
reference as if copied verbatim.
SECTION 3. Sections 2.0501.16, 2.1202.81, and 11.403.8 are hereby repealed,
and are no longer of any force and effect.
SECTION 4. Section 5.102 is hereby amended by deleting the words "wireless
towers."
SECTION 5. If any provision of this ordinance or application thereof to any person
or circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or application thereof, of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are hereby
declared to be severable.
Code Rcvision Wireless Cownom c stj: ;.
I'12 11 o; ;; C/eOo 477
SECTION 6. Any person(s) or firm or corporation who shall violate any provision
of this ordinance, or shall fail to comply therewith, shall be deemed guilty of a Class C
misdemeanor, and upon conviction thereof, shall be punishable. Each day a violation shall
continue shall be deemed to be a separate offense to the maximum fine allowed by State
law for Class C misdemeanors.
SECTION 7. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in full force and effect
in (10) ten days on and after publication in accordance with the provisions of the Charter
of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 11th day of February, 1997.
ATTEST:
Sandra Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Zo„illo Code Revision
THE CITY OF GEORGETOWN:
By -'LEO WOOD
Mayor
CITY OF GEORGETOWN
ZONING ORDINANCE
PART THRE E-A -- SPECIAL PERMITS AND RESTRICTED USES
CONCERNING WIRELESS COMMUNICATION FACILITIES
Section 1 -Definitions
Only for the purpose of this part of the Zoning Ordinance, the following words and phrases shall have
the meaning ascribed to them as follows:
A. Alteration means any modification, replacement, or reconstruction that materially increases the
Height or the dimension of a Tower structure.
B. Antenna means any device used to collect or radiate radio waves, microwaves, or
electromagnetic waves. An antenna could include directional or panel antennas, ancillary
antenna, parabolic or panel dishes, omni -directional antennas such as whips, and other similar
transmitting or receiving equipment intended for commercial use.
C. Back haul means to transmit data/signals through a wire line, microwave or other
interconnection from the Antenna to the wire -line local exchange telephone loop.
D. Calendar day means any day including Saturday, Sunday, and scheduled holiday designated by
City Council.
E. Collocation means the use of a single support structure by more than one wireless
communication service provider.
F. Communication tower (Tower) means any fixed, free standing, uninhabitable structure, not a
shelter, built primarily to support Antennas or other associated hardware. Communication
towers include, but are not limited to the following:
1. I..attice towers which are self-supporting structures consisting of a network of crossed
metal braces, forming a T ower which is usually triangular or square in cross section; or
2. Monopoles which are self supporting structures consisting of a single pole sunk into the
ground and/or attached to a permanent foundation.
(Towers that are supported, in whole or in part, by guy wires and ground anchors are not
allowed in the City).
G. Director Director means the Director of Developinent Services for the City of Georgetown,
'Texas, or his or her designated representative.
Zoning Ordinance -- Part Three -A
Pale 1 ofi l 3 AfAO# q7 . ,&
H. Electric substation and electric substation structure means all enclosed property and structures
within any electric public utility substation..
I. Equipment enclosure is defined as a small structure, shelter, cabinet, or vault used to house and
protect the electronic equipment necessary for processing wireless communication signals.
Associated equipment may include air conditioning and emergency generators.
J. Existing nonresidential structure is any existing nonresidential structure, such as a water tower,
commercial building or electric utility tower to which an Antenna may be attached.
K. Grade means the lowest point of elevation of the finished surface of the ground, paving or
sidewalk within the area between the building or stricture and a line five (5) feet from the
building or structure.
L. Height of building or structure means the vertical distance above a reference datum measured to
the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the
average height of the highest gable of a pitched or hipped roof. The reference datum shall be
selected by either of the following, whichever yields a greater height of building:
1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot
horizontal distance of the exterior wall of the building when such sidewalk or ground
surface is not more than ten (10) feet above the lowest Grade: or
2. An elevation ten (10) feet higher than the lowest Grade when the sidewalk or ground
surface described in item (1) above is more than ten (10) feet above lowest Grade.
The Height of a stepped or terraced building is the maximum height of any segment of the
building.
M Height of a wireless c01111TIunication facility (Height) means the vertical distance between the
finished Grade at the base of the 'A/CF or tourer or the lowest point of contact with the building,
and the highest point of the WCF structure, including the Antennas.
N. Historic district structure or site is defined as any district, structure or site designated as
historic by any lawfully authorized local, state or federal historic preservation entity or
governmental entity, including the Cite.
O. Residential structure means any structure that is at least 50% built, designed, or altered to
provide living accommodations and at least 50% of the building's intended use is residential.
P. Residentially zoned property is any piece of real estate located within any of the following
districts: Agricultural, Residential F,state, Single Fanilly, IUlutti-Family, Dense Multi -Family,
Residential Planned, and Residential Office Districts.
Zoning Ordinance -- Part Three -A
Page 2 of 13
Q. Wireless communication facility (WCF) means an unstaffed facility for the transmission and
reception of radio, microwave or electromagnetic signals used for commercial communication
by a wireless communication service provider. WCFs are composed of one or more of the
following components:
1. Antenna;
2. Equipment Enclosure;
3. Security barrier; and/or
4. Communication Tower.
R. Wireless communication service provider (Service Providers) means any company, corporation
alliance, individual or other legal entity that provides a wireless communication service directly
to the public for a fee or to such classes of users as to be effectively available directly to the
public regardless of the facilities used. Services include, but not limited to, portable phones,
car phones, pagers, digital data transmission, or radio or television communication.
inn I _ T .nrati
Structures, and Sites
To protect the City's natural beauty and historic character:
A. WCFs with Towers may not be built within a one-half ('/2) mile or 2,640 foot radius measured
from the property line of the Williamson County Courthouse located at 710 Main Street at the
center of Georgetown's historic square.
B. WCFs with Towers may not be built within a five hundred (500) foot radius of any district,
structure or site designated Historic by any other lawfully authorized local, state or federal
historic preservation agency or entity by law, including the City.
C. WCFs may not locate on existing structures designated as Historic.
1�- WCFs with Towers may not locate within five hundred (500) feet of the centerline of the San
Gabriel River.
Y - x. uuattuuN attu LIm IIaIions Ior wcv^ s Wtttlout Special Use Permits
A. WCFs with Towers may locate, without a Special Use Permit, within Industrial Districts if the
(bower Height does not exceed one hundred twenty (120) feet.
B. WCFs with Towers may locate, without a Special Use Permit, within Commercial -Second
Height and Commercial -First height Districts if the Tower Height does not exceed forty (40)
fest.
zoning Ordinance -- Part Three -A
('age 3 of 13 OA& 97 1
C. WCFs may locate, without a Special Use Permit, on the roof of any nonresidential and
nonhistoric building, within any zoning district, provided the WCF does 'not exceed, by ten feet,
the lesser of the Height of the Building or Structure or the Height limits of the district in which
it is located.
D. WCFs may mount, without a Special Use Permit, on the exterior of any nonresidential and
nonhistoric building, within any zoning district, provided the Antenna or Antenna support
structure or equipment:
1. Is mounted flush with the exterior of the building or that it projects no more than 24
inches from the surface of the building to which it is attached and does not exceed
Height restrictions established in this part of the Zoning Ordinance and that said
projection is at least 15 feet above Grade; and
2. Is textured and colored so as to blend with the surrounding surface of the building_
E. WCFs are allowed, without a Special Use Permit, on existing towers or tanks, utility, lighting
and sign support structures and within any Electric Substation, within any zoning district,
provided that the Antennas or related equipment or structures do not exceed, by ten (10) feet,
the lesser of the Height of the Structure or the Height limits of the highest permitted structure in
the district in which it is located.
\NICFs may locate within the districts mentioned within this section provided they comply with all
other standards regarding Height requirements; Collocation; Historic Districts, Structures or Sites;
Residential Structures; Residentially Zoned Property, setbacks and site development and submittal
requirements of the Zoning Ordinance.
section 4 - Locations and Limitations for WCF Towers with a Special Use Permit
A. WCFs with Tower Heights that exceed one hundred twenty (120) feet shall be allowed within
Industrial Districts by a Special Use Permit only.
B. WCFs with Towers Heights of more than forty (40) feet and up to one hundred (100) feet shall
be allowed within Commercial -Second Height and Commercial -First Height Districts by
Special Use Permit only. The applicant must show a good faith effort to design the Antennas
and Tower to be as unobtrusive as possible. The City strongly urges all applicants, wishing to
locate a WCF Tower within Commercial -Second Height and Commercial -First Height
Districts, to design the Tower and Antennas in such a way so as to blend in with and/or enhance
the view of the surrounding area.
WCFs may locate, with a Special Use Permit, %\,-ithin the districts mentioned within this section
provided they comply with all other standards regarding Height requirements: Collocation; Historic
Districts, Structures or Sites; Residential Structures; Residentially Zoned Property; setbacks and site
-development and submittal requirements of the Zoning Ordinance.
Zoning Ordinance -- Part Three -A
Page 4 of 13 040. q7 —1
Section 5 - Collocation
A. To minimize the number of WCFs to be sited, applicants should cooperate with other Service
Providers in Collocating additional Antennas on existing Towers and/or structures to the extent
that Collocation is reasonably economical and technically feasible. An applicant should
exercise good faith in Collocating with other providers and sharing the permitted site. Such
good faith shall include sharing technical information to evaluate the feasibility of Collocation.
B. Service providers should, to the maximum extent feasible, promote Collocation of Antennas by
multiple providers through the use of nonexclusive agreements for Antenna sites, relocation
and reconfiguration of Antennas to accommodate additional users, utilization of current
technology to maximize Antenna separation and minimize Antenna/Tower Height and
obtrusiveness, and ensure building support structures are of sufficient strength.
C. 'The City encourages that each WCF Tower be constructed in such a way that the structure can
support additional Antenna systems having the same or similar grind and weight loading
characteristics of those that are proposed by applicant. Tower space on existing WCF Towers
should be provided on a reasonable, proportioned cost basis to other Service Providers who
seek use of the structure, unless it would result in the creation of a level of radio frequency
interference which would degrade applicant's services.
Res identialIY Zoned Properties
A. No permit for a Tower shall be approved or issued unless the proposed WCF is in compliance
with the applicable provisions governing setback distance requirements, which are as follows:
1. Monopole "Dowers: The distance between the base of a single Monopole, and all
Residential Structures or Residentially Zoned Property must not be less than:
a. the Height of Tower for structures under sixty (60) f eet:
b. one and one-half (1-1/2) times the 1-leight of the WCF structure if the Height of
that WCF structure is over sixty (60) feet, but not over ninety (90) feet;
C. two (2) times the Height of the WCF structure if the Height of that WCF
structure is over ninety (90) feet, but not over one hundred five (105) feet;
d. two and one-half (2-1/2) times the Height of the WCF structure if the Height of
that WCF structure is over one hundred five (105) feet, but not over one hundred
twenty (120) feet; or
C. three (3) times the lieight ol� the WCF structure if the Height of that WCF
structure is over one hundred twenty (120) feet.
Zoning Ordinance -- Part Three -A
Page 5 of 13 ORO. 4?? //
2. Lattice Towers: The distance between the base of a WCF structure and a Residential
Structure or Residentially Zoned Property must not be less than:
a. three (3) times the Height of the WCF structure if the Height of that WCF
structure is over forty-five (45) feet, but not over eighty-five (85) feet;
b. three and one-half (3-1/2) times the Height of the WCF structure if the Height of
that WCF structure is over eighty-five (85) feet, but not over one hundred twenty
(120) feet;
C. four (4) times the height of the WCF structure if the Height of that WCF
structure is over one hundred twenty (120) feet.
B. All distance measurements referred to in this section shall be the distance of a straight
horizontal line from the center of the base of the WCF to the center of the residential lot minus
fifty (50) feet or the closest residential property line, whichever results in the greatest distance
from the WCF and the nearest outer wall of a Residential Structure or Residentially Zoned
Property Line.
C. Safety issues will be fully addressed by applicants for a NVCF siting. WCFs should be located
in such a manner that if the structure should fall along its longest dimension it will remain
within the owned or leased property boundaries of the Service Provider and will avoid
structures, public streets, and utility lines. If a proposed WCF has a potential for affecting a
nearby property or structure upon collapse or scattering of equipment debris, the situation must
be addressed by applicant.
D. Property uses and distances referred to in this section shall be determined as of the date and
time that the completed WCF permit application is filed.
Section 7 - Fencing Requirements
A. The base of a WCF with a Tower, including all mechanical equipment and accessory structures,
must be completely enclosed by a fence, wall, or barrier which limits climbing access to such
WCF and any supporting systems titles, wires, buildings ter other structures. The base must be
fully screened from view of Residential Structures, Residentially Zoned Properties, or public
roadways by a substantially opaque screening fence designed and built to provide privacy.
B. The fence shall be a minimum height of eight (8) feet and consistent in color and character to
surrounding structures and properties.
C. The fencing shall have no openings. holes, or gaps larger than four (4) inches measured in any
direction.
Zoning Ordinance -- Part Three -A
Page 6 of 13 71
D. The fencing may contain gates or doors allowing access to the WCF and accessory structures
for maintenance purposes; such gates or doors shall be kept completely closed and locked
except for maintenance purposes and shall be located so that all gates and doors do not intrude
into the public right-of-way.
E. The requirements of this section do not apply to:
1. WCFs located on buildings or structures that are not designed or built primarily to
support WCFs, provided that the general public has no physical access to the WCFs and
adequate safety measures are taken to prevent access by unauthorized people;
2. legally existing WCFs having security fences at least six (6) feet in height and
3. WCFs with Towers that are sufficiently camouflaged or disguised such that the City
determines that a security fence is unnecessary and/or would cause the Tower to be
unnecessarily more obtrusive.
Section 8 - Maintenance and Inspection
A. The owner or operator of a WCF shall be responsible for the maintenance of the WCF and shall
maintain all buildings, structures, supporting structures, wires, fences, or ground areas used in
connection with a WCF in a safe condition and in good working order, as required by city
building, fire, or any other applicable codes, regulations or ordinances or to standards that may
be imposed by the City at the time of the granting of a pernnrit. Such maintenance shall include,
but shall not be limited to, maintenance of the paint, landscaping, fencing, Equipment
Enclosure, and structural integrity. If the City finds that the WCF is not being properly
maintained, the city will notify the owner of the WCF of the problem. If the applicant fails to
correct the problem within thirty (30) days after being notified, the City may undertake
maintenance at the expense of the applicant or revoke the permit, at its sole option.
B. By applying for a WCF permit under this article the applicant specifically grants permission to
the City, its duty authorized agents. officials, and employees, to enter upon the property for
which a permit is sought, after first providing a reasonable attempt to notify a person designated
by the applicant, except in the event of an emergency, for the purpose of making all inspections
required or authorized to be made under- this part of the Zoning Ordinance. The City may
require periodic inspections of WCFs to ensure structural integrity and other code compliance.
Based upon the result of an inspection, the City may require repair or removal of a WCF.
Section 9 - Radio Fi-equency Standards
A. The applicant shall comply with federal standards for radio frequency emissions and must
submit a signed statement that the proposed site fully complies with federal standards for radio
frequency emissions. The City reserves the right to request that the applicant submit a sealed
report frorn a registered radio frequency engineer which provides the estimated cumulative field
measurements ofradio frequency emissions of all Antennas installed at the subject site and
Zoning Ordinance -- Part'three-A
Page 7 of 13 al&9.
compares the results with established federal standards
Said report shall be subject to review
and approval by the City for consistency with federal standards. If on review the City finds that
the proposed or established WCF does not meet federal standards, the City may deny or revoke
the permit, whichever is applicable at the time.
B. The applicant shall ensure that the WCF will not cause localized interference with the reception
of area television or radio broadcasts, or other legally existing WCFs. If on review the City
finds that the WCF will interfere with such reception, it may deny the permit. If such
interference occurs after the permit is issued and the problem is not corrected within sixty (60)
days, the City may revoke or modify the permit.
Section 10 . Site Development Standards and Submittal Requiremen
A. WCFs shall conform to the following site development standards:
1. All Towers must be of Monopole construction to the extent reasonably feasible, except
that a Lattice Tower shall be allowed upon a showing that a Monopole structure will not
adequately address the Service Provider's operations;
2. To minimize potential safety hazards, WCFs with Towers shall be setback from
Residential Structures or Residentially Zoned Property lines as required in Section 6;
3. WCFs shall be designed and placed on the site in a mariner that takes maximum
advantage of existing trees, mature vegetation, and structures so as to:
a. Use existing site features to screen as much of the total WCF as possible from
public view
b. Use existing site features as a background so that the total WCF blends into the
background with increased sight distances; and
c. "I'o the degree technically feasible, locate on a portion of the site that is
effectively isolated from view of residential areas by structures or terrain
features unless the WCFs are integrated or act as an architectural element of the
structure such as a flag pole or parking lot light or are effectively screened
through installed landscaping or other acceptable screening.
4. WCFs with Towers viewable from a Residential Structure, Residentially Zoned
Property or public roadway shall be landscaped along the perimeter of the WCF
fencing. Further, the use of existing vegetation shall be preserved to the maximum
extent practicable and may be used as a substitute for or in supplement towards meeting
landscaping requirements. The installed landscaping requirements include:
Zoning Ordinance -- Part Three -A
Page 8 of 13 pYa 1— f
a. A row of shade trees a minimum of one (I") inch caliber shall be planted around
the perimeter of the fence with a maximum spacing of 10 feet;
b. A continuous hedge of one gallon sized (minimal) evergreens shall be planted
along the perimeter of the WCF; and
C. All landscaping shall be drought -resistant or irrigated and properly maintained to
ensure good health and viability.
The City may waive landscaping requirements if the design of the WCF Tower is such that
landscaping would cause the Tower to be more obtrusive, if the Tower is integrated or acts as
an architectural element of a structure such as a flag pole, parking lot light, bell tower, or other
similar structure and/or the City determines landscaping to be unnecessary.
5. WCFs with Towers shall conform to the fence standards established in Section 7 of this
part of the Zoning Ordinance.
6. Equipment Enclosures of a WCF, which may be seen from a Residential Structure,
Residentially Zoned Property or public roadway, is encouraged to be located
underground, if site conditions permit. If the Equipment Enclosure is not put
underground, then it must be within the building in which the Antenna is mounted or in
a separate Equipment Enclosure which matches the existing building or surrounding
structures in character and building materials.
7. All signs,flags; lights, and attachments other than those required for communications
operations, structural stability, or as required for flight visibility by the Federal Aviation
Administration (FAA) and Federal Communications Commission (FCC) shall be
prohibited on any WCF;
8. Applicant shall identify to the (:M, any structures in the vicinity which the applicant
investigated for possible use that have not been addressed otherwise in the application.
B. All Service Providers wishing to operate a WCF shall ensure and submit documentation
demonstrating:
1. That the Tower will be erected and operated in compliance with current FCC and FAA
rules and regulations and other applicable federal, state, and local standards particularly
as apply to the Georgetown Municipal Airport;
2. That all Back Haul providers are identified and have all the necessary approvals to
operate as such, including holdinLl necessary franchises, permits, and certificates:
Zoning Ordinance -- Part Three -A
Page 9 of 13
3. A notarized statement signed by the WCF Tower operator, the Tower owner and the
landowner that indicates:
a. The extent to which all agree to allow Collocation of additional WCF equipment
by other Service Providers on the applicant's structure or within the same site
location on a reasonable and non-discriminatory basis;
b. An understanding of Section & of this part of the Zoning Ordinance relating to
Maintenance and Inspections.
C. An understanding that if the service provider fails to remove the WCF upon
sixty (60) days of its discontinued use, the responsibility for removal falls upon
the landowner, and in the event the WCF is not removed within another sixty
(60) days, the City may remove the WCF and recover the costs associated with
such removal from the landowner and place a lien on the property until such
costs are paid.
Service Providers shall submit updated notarized statements as required above whenever
ownership or operators change.
4. A certification and sealed report from a registered professional engineer stating that all
structural components of the WCF comply with all applicable codes and regulations. In
the case of WCF Towers, the report should further- note the extent to which the Tower is
designed and/or built to accommodate Collocation.
C. Service Providers wishing to establish a WCF shall:
Secure all necessary approvals and permits needed to operate or construct a WCF within
the City;
2. Fully and accurately complete a questionnaire supplied by the City;
3. Comply with all ordinances of the City;
4_ Pay all related development and permit application fees;
5. Reimburse the City for actual costs incurred by the City for radio frequency evaluations,
structural engineering reviews and/or any other services that the City may deem
necessary to review and process the application, and
6. Provide the City, with:
a. A master Antenna plan, including detailed maps:
Zoning Ordinance -- fart Three -A
Page 10 of 13
0"o ?7 d
(I) Showing the precise locations and characteristics of the proposed and all
existing WCFs in the City and in its extraterritorial jurisdiction (ETJ);
(ii) Indicating coverage areas of the proposed and existing sites within the
City and its ETJ; and
(iii) Showing topography of proposed site.
Updates of the above documents shall be filed with the City as they become
available;
b. Photo simulations of the proposed WCF from varying points and distances,
including affected residential properties and public rights-of-way. The photo
simulation shall also include a diagram or map indicating points from where the
photo simulations are taken; and
C' Site and landscaping plans indicating:
(I) The specific placement of the WCF and all related structures on the site;
(ii) The location of existing trees, and other significant site features;
The type and location of landscaping proposed for screening;
(iv) The color(s) for the WCF; and
(v) Architectural and structural drawings for the proposed site.
Section 11 - Notice Requirements for a WCF Permit
A. The notice requirements of this section apply only to applications for which a public hearing is
required and if the proposed WCI= Tower is within two hundred feet (200) or a distance equal to
twice the Height of the proposed WCF, whichever is (,)reater, of a Residential Structure or
Residentially Zoned Property.
B. The applicant for a WCF permit must post and use reasonable efforts to maintain a sign on the
subject WCF site for a minimum of thirty (30) Calendar Days beginning no later than the sixth
Calendar Day following the date of the filing of the required completed application with the
City. The sign shall be posted no less than fifteen (15) feet from the public right-of-way that is
used as access to the WCF site. The sign shall face and be legible from the public right-of-way.
The sign shall contain at a minimum the following items of information:
1.
That this is the proposed site ofa wcl".
Zoning Ordinance -- Part Three -A
Page l 1 of 13 O6.% j
2. The proposed maximum Height above Grade of the proposed WCF;
3. The WCF permit application number assigned to this project by the City of
Georgetown; and
4. The telephone number of the City of Georgetown where additional information con-
cerning this proposed WCF may be obtained.
The applicant shall remove the sign from the subject WCF site after (I) the permit is
obtained or (ii) the appeals process is complete.
C. Written notice of the filing of each application for a WCF permit shall be given to the owners,
as is indicated by the most recently approved tax rolls, of all property within a distance of two
hundred (200) feet, or a distance that is equal to twice the Height of the proposed WCF,
whichever is greater, from the proposed WCF site. The required written notice, which will be
trailed out by the City, shall be in a form prescribed b}f the director and shall be mailed by
depositing the same in the united States Mail. The required notice shall be mailed no later than
the tenth Calendar Day following the filing of the required fully -completed application.
D. Written notice shall be published by the City at least once in a local newspaper of general
circulation within the City not later than the seventh Calendar Day following the date of filing
of the required completed application. Such notice shall be published in the section of such
newspaper in which other legal notices are commonly published.
E. The "written notice" required in subsection [C] above shall include, at a minimum, the
followring:
1. The name, signature, address, and telephone number of the person or entity
representative that will own the proposed WCF structure;
2, The name, address, and telephone number of the applicant if different frons the
owner of the proposed WCF;
3. roposed Location of the WCF structure, including the street
The approximate p
address (or nearest street intersection) and the name of the subdivision or survey
if there is no recorded subdivision:
4. The proposed use of the WCF structure and site;
5. The proposed maximum Height above Grade of the proposed WCF structure;
and
Zoning Ordinance -- Part Three -A
Page 12 of 13
6. That additional information may be obtained by writing or telephoning the office
of the Director, including the telephone number.
Section 12 -Permitted Hours for Construction
Construction, placement, removal, or Alterations to a WCF shall not be performed except between the
hours of 7:00 a.m. and 9:00 p.m. of any day, except in a bona fide emergency.
Section 13 - Permit Limitations
A. Any City permit, including the Special Use Permit, shall become null, void and non-renewable
if the permitted WCF is not constructed within one year of the date of issuance, provided that
the Special Use Permit may be extended one time for six months if construction has
commenced before expiration of the initial year.
B. The applicant/permittee of a WCF shall expressly indemnify, protect, and hold the City
harmless to the maximum extent allowed by law. No exceptions to this requirement shall be
allowed.
C. Any City permit, including a Special Use Permit, for a WCF shall expire and the applicant must
remove the WCF if it is not put into use within one hundred twenty (120) days after
construction or if use is discontinued for a period in excess of one hundred twenty (120) days.
If the WCF is not so removed, the City may cause the WCF to be removed and all expenses of
removal shall be paid by the owner of the land where the WCF is located.
D. The applicant shall notify the Director of all changes in ownership or operation of the WCF
Tower within thirty (30) days of actual knowledge of the change.
v. LIvu t -r - 12411ccuve mate anQ I'.IIect on Yre-existingand Permitted WCFs
A. The requirements of this part of the Zoning Ordinance apply to all new WCFs after the date of
adoption and the expansion and/or Alteration of any legally existing WCFs; provided that an
in-kind or smaller replacement of transmission equipment will require only a written
notification to the City.
13. A WCF which was legally in existence on the date of final passage of this part of the Zoning
Ordinance shall not be required to be removed or relocated in order to meet the minimum
distance requirements of this part of the Zoning Ordinance due to subsequent platting of a
residential lot nearer to the WCF than the distance requirements of this Section. However, any
Alteration to existing WCFs shall require compliance with the applicable provisions of this
part of the Zoning Ordinance.
Zoning Ordinance -- Part Three -A
Page 13 of I3 Oit.+�..