HomeMy WebLinkAboutORD 97-33 - Wireless Comm FacilitiesORDINANCE "/ 3
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 REVISING THE DEFINITION OF "RESIDENTIALLY ZONED
PROPERTY", ESTABLISHING A SETBACK REQUIREMENT FROM THE
INTERSTATE HIGHWAY 35 RIGHT-OF-WAY, PERMITTING THE LOCATION OF
WIRELESS COMMUNICATION FACILITIES ON CITY -OWNED PROPERTIES,
PROHIBITING THE LOCATION OF TOWERS OVER FORTY FEET IN
COMMERCIAL -SECOND HEIGHT AND COMMERCIAL -FIRST HEIGHT DISTRICTS,
AND CLARIFYING THE GUIDELINES FOR EQUIPMENT ENCLOSURE SETBACKS
AND LOT ACCESS TO PUBLIC RIGHT-OF-WAY IN PART THREE -A ENTITLED
"SPECIAL PERMITS AND RESTRICTED USES CONCERNING WIRELESS
COMMUNICATION FACILITIES", REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, staff discovered during the processing of an application for special permit to construct a
wireless communication tower that streets in the City of Georgetown are zoned; and this amendment is
intended to clarify that requirements such as fall zones and setbacks do not apply to properties that are solely
developed for streets and related right-of-way uses; and
WHEREAS, the City Council of Georgetown, Texas endeavors to protect the integrity of the natural
aesthetic beauty of the City; and that by restricting towers along the Interstate and in commercial districts; by
prohibiting any lattice towers within the city limits; and by establishing certain tower design standards, this
goal is further achieved; and
WHEREAS, the City Council endeavors to make the most appropriate locations available to WCF
providers; this amendment allows for WCFs to locate on appropriate, city -owned properties with City Council
approval; and
WHEREAS, for purposes of clarity, guidelines for equipment enclosure setbacks and lot access to a
public right-of-way, have bden further explained; and
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";
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B. Growth and Physical Development Policy 7.0 of the Century Plan - Policy Plan Element, 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"; and
C. 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 Plan.
SECTION 2. Part Three -A of the Zoning Ordinance of the City of Georgetown, Texas, is hereby
amended by changing the following sections to read as follows:
Section LP "Residentially zoned property is any piece of real estate located within any of the following
districts: Agricultural, Residential Estate, Single Family, Multi -Family, Dense Multi -Family,
Residential Planned, and .Residential Office Districts. For purposes of this section of the zoning
ordinance, residentially zoned properties are excluded from this definition, if such properties are solely
developed for streets and related right-of-way uses'; and
Section 10.A.1 "All Towers must be of Monopole construction and be as least obtrusive as possible. At
a minimum, antennas must be flush with the tower"; and
By adding the following sections:
Section 2.E "WCFs with Towers may not locate within five hundred (500) feet of the Interstate
Highway 35 right-of-way";
Section 3.G "WCFs, with or without Towers, are allowed on municipally -owned properties and
structures subject to approval of a lease by the City Council specifying WCF location, design, and other
restrictions";
Section 6.E "Equipment enclosures shall be set back from the property line according to the applicable
regulations";
Section 10.A.3 "All lots, on which WCFs are located, must have access to a public right-of-way
accepted by the appropriate governmental agency"; and
By deleting the following sections:
Section 4.13 "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"; and
Section 6.A.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;
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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."
SECTION
3.
All
ordinances and
resolutions,
or parts of ordinances and resolutions, in conflict with
this Ordinance are
hereby
repealed, and are
no longer
of any force and effect.
SECTION 4. 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.
SECTION 5. 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 6. 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 thec Vday of � , 1997.
PASSED AND APPROVED on Second Reading on thej/day of "1997.
Marianne Landers Banks
City Attorney
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THE CITY OF GEORGETO
Leo Wood,
CITY OF GEORGETOWN
ZONING ORDINANCE
PART THREE -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 antemlas 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 Antemla 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. Lattice towers which are self-supporting structures consisting of a network of crossed
metal braces, forming a Tower 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 Development Services for the City of Georgetown,
.Texas, or his or her designated representative.
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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 stricture, shelter, cabinet, or vault used to house and
protect the electronic equipment necessary for processing wireless conununication 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 structure 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 communication facility (Height) means the vertical distance between the
finished Grade at the base of the WCF or tower 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 City.
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 Estate, Single Family, Multi -Family, Dense Multi -Family,
Residential Planned, and Residential Office Districts. For purposes of this section of the
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zoning ordinance, residentially zoned properties are excluded from this definition, if such
properties are solely developed for streets and related right-of-way uses.
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.
Section 2 - Locations on and in the vicinity of the San Gabriel River and Interstate Highway 35
Corridors or Historic Districts 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 (1/2) anile 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.
D. WCFs with Towers may not locate within five hundred (500) feet of the centerline of the San
Gabriel River.
E. WCFs with Towers may not locate within five hundred (500) feet of the Interstate Highway 35
right-of-way.
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The restrictions of this section apply to all areas within the City limits except for properties and
structures owned by the City of Georgetown. Location of a WCF on a municipally -owned property or
facility is subject to approval by the City Council.
Section 3 - Locations and Limitations for WCFs without Special Use Permits
A. WCFs with Towers may locate, without a Special Use Permit, within Industrial Districts if the
Tower 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)
feet.
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
norrhistoric 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
standard, sign support or other appropriate structures 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.
F. WCF Towers are allowed 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.
G. WCFs, with or without Towers, are allowed on municipally -owned properties and structures
subject to approval of a lease by the City Council specifying WCF location, design, and other
restrictions.
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WCFs may locate in the areas mentioned in items A -F 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. To locate within or on an area related to item O, the applicant
must first receive approval from the City Council,
Section 4 - Locations and Limitations for WCF Towers with a Special Use Permit
WCFs with Tower Heights that exceed one hundred twenty (120) feet shall be allowed within
Industrial Districts by a Special Use Permit only.
WCFs may locate, with a Special Use Permit, 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 S - 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 wind 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.
Section 6 - Setback Distance Requirements of WCF Towers from Residential Structures and
Residentially 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:
Monopole Towers: The distance between the base of a single Monopole, and all Residential
Structures or Residentially Zoned Property must not be less than:
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a. the Height of Tower for structures under sixty (60) feet;
b, one and one-half (1-1/2) times the Height 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
e. three (3) 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 WCF 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.
E. Equipment enclosures shall be set back from the property line according to the applicable
regulations.
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, lines, wires, buildings or 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.
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C. The fencing shall have no openings, holes, or gaps larger than four (4) inches measured in any
direction.
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 permit. 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 duly 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 Frequency 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
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frequency emissions. The City reserves the right to request that the applicant submit a sealed
report from a registered radio frequency engineer which provides the estimated cumulative field
measurements of radio frequency emissions of all Antennas installed at the subject site and
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 Requirements
A. WCFs shall conform to the following site development standards:
1. All Towers must be of Monopole construction and be as least obtrusive as possible. At
a minimum, antennas must be flush with the tower;
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. All lots, on which WCFs are located, must have access to a public right-of-way
accepted by the appropriate governmental agency.
4. WCFs shall be designed and placed on the site in a mamler 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, To 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.
5. WCFs with Towers viewable from a Residential Structure, Residentially Zoned
Property_ or public roadway shall be landscaped along the perimeter of the WCF
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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:
a_ A row of shade trees a minimum of one (1 ") 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.
6. WCFs with Towers shall conform to the fence standards established in Section 7 of this
part of the Zoning Ordinance,
7, 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.
8. 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;
9. Applicant shall identify to the City 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;
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2. That all Back Haul providers are identified and have all the necessary approvals to
operate as such, including holding necessary franchises, permits, and certificates;
11
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 8 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:
1. 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
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6. Provide the City with:
a. A master Antenna plan, including detailed maps:
(I) Showing the precise locations and characteristics of the proposed and all
existing WCFs in the City and in its extraterritorial jurisdiction (ETJ);
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 tiled 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;
The location of existing trees, and other significant site features;
(iii) 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 WCF Tower is within two hundred feet (200) or a distance equal to
twice the Height of the proposed WCF, whichever is greater, 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
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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 of a WCF;
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
mailed out by the City, shall be in a form prescribed by 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
following:
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 from the
owner of the proposed WCF;
3. The approximate proposed location of the WCF structure, including the street
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;
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5. The proposed maximum Height above Grade of the proposed WCF structure;
and
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 perinit, 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.
Section 14 - Effective Date and Effect on Pre-existing and 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.
B. 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,
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