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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.+�..