HomeMy WebLinkAbout023612 ORD - 04/13/1999AN ORDINANCE
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS
CHRISTI, REGARDING TELECOMMUNICATIONS TOWERS;
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the public has expressed concern over the growing number of telecommunication
antennas that are being installed throughout the City;
WHEREAS, the Federal Telecommunications Act of 1996 recognizes that cities have local
authority over "placement, construction and modification" of cellular telephone facilities and
other personal wireless telecommunication on service facilities, if the regulations do not
unreasonably discriminate among providers of functionally equivalent services or prohibit or
have the effect of prohibiting the provision of personal wireless services;
WHEREAS, the City of Corpus Christi is not regulating the placement, construction and
modification of personal wireless service facilities on the basis of environmental or radio
frequency emissions to the extent that such facilities comply with the Federal Communication
Commissions regulations concerning such emissions;
WHEREAS, the City desires to regulate the location of telecommunication towers and antennas
with the objective of minimizing their number, to protect and promote public safety, and to
minimize and mitigate any adverse visual or aesthetic impacts on the community;
WHEREAS, the City also desires to promote and encourage the orderly development of
telecommunication facilities within the City;
WHEREAS, the City wants to avoid the creation of visual distractions, prevent obstructions to
the view of pedestrians and motorists on public thoroughfares, and to ensure the structural
integrity of supporting structures.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the adoption of rules to regulate the location of
telecommunications towers within the City of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesdays,
March 3 and 10, 1999, during a meeting of the Planning Commission, and on Tuesday, [City
Council Meeting Date], during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear
and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve public
health, necessity, and convenience and the general welfare of the City of Corpus Christi and its
citizens.
o s 612
R82804A9.084
2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by
adding new Sections 3-1.02.1, 3-1.02.2, 3-1.02.3, 3-1.02.4, 3-1.02.5, 3-1.02.6, 3-1.02.7, 3-1.02.8,
3-1.02.9, 3-1.02.10, 3-1.14.1, 3-1.38.2, 3-1.64.2, 3-1.64.3, 3-1.64.4, 3-1.64.5, redesignating
Section 3.1.65.1 as Section 3.1.65.7, and adding new Sections 3.1.65.1, 3.1.65.2, 3.1.65.3,
3.1.65.4, 3.1.65.5, and 3.1.65.6, to read as follows:
ARTICLE 3. DEFINITIONS.
3-1.02.1 Alternative Mounting Structure. A man made tree, clock tower. church
steeple bell tower. utility pole. light standard. identification pylon flagpole or similar
structure. designed to support and camouflage or conceal the presence of
telecommunications antennas.
3-1.02.2 Antenna. A structure or device used to collect or radiate electromagnetic
waves including directional antennas. such as panels. wireless cable and satellite dishes.
and omni -directional antennas, such as whips. but not including satellite earth stations.
3-1.02.3 Antenna. Amateur Radio. An antenna used by an amateur radio operator that
is less than 50 feet (15 meters) in height and whip antennas less than 4 inches in diameter
and less than 10 feet (3 meters) in height.
3-1.02.4 Antenna Array. An arrangement of antennas and their supporting structure.
3-1.02.5 Antenna, Dish. A parabolic or bowl shaped device that receives and/or
transmits i•nals in a s•ecific directional .attern.
3-1 02.6 Antenna. Panel. An antenna which receives and/or transmits signals in a
directional pattern.
3-1.02.7 Antenna. Radio and Television Broadcast. An antenna used to broadcast
commercial radio and television signals. including digital broadcasts and other digital
transmissions, by a licensed radio or television broadcast station.
3-1.02.8 Antenna, Stealth. A telecommunications antenna that is effectively
camouflaged or concealed from view.
3-1.02.9 Antenna. Telecommunications. An antenna used to provide a
telecommunications service. This excludes lightning rods, private mobile radio systems
amateur radio antennas less than 50 feet (15 meters) in height. whip antennas less than 4
R82804A9.084
3
inches in diameter and less than 10 feet (3 meters) in height and radio and television
broadcast antennas.
3-1.02.10 Antenna. Whip. An omni -directional dipole antenna of cylindrical shape
which is no more than 6 inches (15 cm) in diameter.
3-1.14.1 Co -location. A single telecommunications tower and/or site used by more than
one telecommunications service provider.
3-1.38.2 Identification Pylon. A permanent ground mounted sign consisting solely of a
single monolithic structure used to identify a development.
*
3-1.63 Structure. Anything, other than a fence, constructed or erected, which requires
location on the ground, or attached to something having a location on the ground,
including, but not limited to, advertising signs, billboards, poster boards, buildings, poles,
water towers, cranes, smokestacks, earth formations and overhead transmission lines.
3-1.64.2 Telecommunications. The transmission, between or among points specified by
the user, of audio and/or visual information of the user's choosing, without change in the
form or content of the information as sent and received.
3-1.64.3 Telecommunications Facility. A telecommunication tower, antennas and
related equipment building , but the term also includes antennas and related equipment
installed on roof tops.
3-1.64.4 Telecommunications Service. The offering of telecommunications for a fee
directly to the public, or to such classes of users as to be effectively available directly to
the public, regardless of the facilities used.
3-1.64.5 TIA/EIA-222. Telecommunications Industry Association/Electronics
Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and
Antennas Support Structures."
R82804A9.084
4
3-1.65.1 Tower, Electric Transmission. A self supporting structure in excess of 50 feet
(15 meters) in height designed to support high voltage electric lines. This does not
include local utility or distribution poles (with or without transformers) designed to
provide electric service to individual customers.
3-1.065.2 Tower Guyed. Any telecommunications tower supported in whole or in part
by cables anchored to the ground.
3-1.65.3 Tower, Heig_ t. The distance measured from grade to the highest point of any
and all components of the structure. including antennas, hazard lighting, and other
appurtenances, excluding lightning rods.
3-1.65.4 Tower, Monopole. A self-supporting telecommunications tower which
consists of a single vertical pole fixed into the ground and/or attached to a foundation.
3-1.65.5 Tower, Self-supporting Lattice. A telecommunications tower which consists
of an open network metal braces forming.a tower which is usually triangular or square in
cross-section.
3-1.65.6 Tower. Telecommunications. A self-supporting lattice, monopole. or guyed
structure more than twenty feet (6 meters) in height. built primarily to support one or
more telecommunications antennas.
3-1.65.7 Townhouse/Townhouse Lot. A single-family dwelling unit design as a
freestanding structure with a separate wall abutting and attached to an adjoining single-
family dwelling unit in a townhouse group. The townhouse group shall be comprised of
two and not more than ten contiguous townhouses with abutting walls. Such use shall be
developed on a site with the intention of separate lot and dwelling unit ownership.
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by
adding a new article 27C to read as follows:
ARTICLE 27C. WIRELESS TELECOMMUNICATIONS FACILITIES
Section 27C-1 Purpose.
27C-1.01 The purpose of this Article is to establish guidelines regulating the
location of telecommunication towers and antennas with the objective of
minimizing their number. to protect and promote public safety. and to
inimize and mititate an adv rs- visual or a•sthetic imsacts on the
community while promoting the orderly development of
telecommunication facilities within the City. The objective is to avoid the
R82804A9.084
5
27C-1.02
creation of visual distractions. prevent obstructions to the view of
pedestrians and motorists on public thoroughfares. and to ensure the
structural integrity of supporting structures.
The regulations contained in this article have been developed under the
following general guidelines as provided in the Federal
Telecommunications Act of 1996:
(A) Cities have local authority over "placement, construction and
modification" of cellular telephone facilities and other personal wireless
telecommunication on service facilities.
(B) Regulations "shall not unreasonably discriminate among providers of
functionally equivalent services."
LQ Regulations "shall not prohibit or have the effect of prohibiting the
provision of personal wireless services."
,(D.) "Denial shall be in writing and supported by substantial evidence."
W) Cities may not "regulate the placement, construction and modification of
personal wireless service facilities on the basis of environmental or radio
frequency emissions to the extent that such facilities comply with the
Fede al Cimmunication Commissions re.ulati.ns c.nce in. uch
27C-1.03
emissions."
Notwithstanding any other provision of this ordinance, installation
construction. alteration. modification, or replacement of
telecommunications towers and antennas. when permitted by federal law
and the laws of the State of Texas. shall be regulated and governed by the
following use regulations and requirements.
Section 27C-2 General Provisions.
27C-2.01 Applications.
£A) All applications. All applications for building permits or a Special Use
Exception under Sections 27C-4.02 and 29-3. for a telecommunications
tower, antenna. or other facility to provide a telecommunications service
shall include a completed supplemental information form provided by the
City regarding telecommunications facilities. An application shall include
the following information:
(1) Site and landscape plans drawn to scale.
R82804A9.084
6
(2) A report including description of the tower, with technical reasons
for its design and the reason the particular location was selected.
The report should disclose the technical performance goals fi.e.,
desired strength signal) for theprovider: whether additional towers
will need to be located within the City, and under what conditions
to provide adequate coverage: radio frequency coverage prediction
maps showing area to be served before the addition of a new cell
and a radio frequency coverage prediction map that shows
coverage after the new cell is operational.
a3) Documentation establishing the structural integrity of the tower for
its proposed uses.
(4) The general capacity of the tower, and information necessary to
assure that ANSI/TIA/EIA standards are met.
(5_) A statement of intent on whether space will be leased to other
telecommunication providers.
(Al Proof of ownership of the proposed site or authorization to use the
site.
(2) Copies of any necessary easements to provide utilities to the
facility.
An analysis of the area containing topographic contours.
(9) The oronosed location of the interconnection. if any, between the
wireless telecommunication provider and the franchised wired
cable. or fiber optic telecommunication provider. If the
interconnection is not located in the equipment enclosure at the
base of the tower, then a detailed description of any and all
easements that are being used to carry the signal by wire, cable or
fiber optic cable.
(10) Identification of any alternative sites that were available for co -
location and the reason co -location on an existing site was not a
practical alternative.
(B) Applications for Special Use Exceptions. All applications for a Special
Use Exception. under Section 29-3.12. for a telecommunications tower
antenna, or other facility to provide a telecommunications service shall
include a completed supplemental information form provided by the City
R82804A9.084
7
regarding telecommunications facilities. An application shall include a
report with the following information:
W Description of the tower, with technical reasons for its design and
the reason the particular location was selected.
u Any alternative sites that were available for co -location, and the
reason co -location on an existing site was not a practical
alternative. the technical performance goals (i.e., desired strength
signal) for the provider.
(3) Whether additional towers will need to be located within the City.
and under what conditions to provide adequate coverage. A map
showing the general location of future towers may be provided. If
the general location of any future towers whether by description
within the report or on the map. is not provided. the fact the
telecommunication provider has antennas located on the tower
being applied for may not be used to iustify the location of any
future towers within the Ci y.
(4) Information relating to the number of calls being_ dropped with the
current tower coverage, the number of failed hand-offs between
existi , cell ites and the umber of . o.le denied access to the
system because there is not enough capacity to handle all calls.
W Any maps and information provided under this subsection will be
treated by the City as privileged commercial information under
Section 552.110 of the Texas Public Information Act. Chapter 552
Texas Government Code if each page and sheet is clearly marked
and identified as proprietary information that should not be made
available to the public. If a request is received for the information
the request and information will be forwarded to the Attorney
General for a determination under Section 552.301 of the Act. The
City will withhold the information from the requester under
Section 552.305 of the Act. until after the Attorney General's
decision is received. The City will only release the information if
directed to do so by the Attorney General.
27C-2.02 Platted Lots. Telecommunications facilities. including towers and related
eauinment buildings shall be located on a platted lot.
27C-2.03 Technical Assistance. When a Special Use Exception is required to
comply with the provisions of this article. and when the technical
information provided by the applicant is beyond the technical capacity_of
R82804A9.084
8
citv staff to review. the applicant. in addition to the usual application fee
shall reimburse the city for the actual cost to the City for the services of a
technical expert to review the application and/or information supplement
up to a maximum of 55000 dollars.
27C-2.04. Pre -application Meetings. Prior to leasing, purchasing, or constructing
telecommunication facilities, the telecommunications provider or licensee
is required to meet with the Director of Planning and Development and the
Building Official or their designees to determine if the location will
require a Special Use Exception or other approvals, and to review the
merits of potential locations.
27C-2.05
Master Antenna Map. To facilitate co -location and coordination of
telecommunication sites. the city shall, within 30 days of the effective date
of this ordinance, notify the providers of telecommunication services,
listed in the telephone directory or otherwise known to the City of the
enactment of this ordinance. Telecommunication service providers shall
within 90 days of the date of such notice, provide the City with their
respective master antenna map. The master antenna map shall show the
locations, heights, and co -location capabilities of all telecommunications
towers. on which it has antennas serving any portion of the city. and
indicating coverage areas for current telecommunications towers.
Providers shall also provide the city with any updates to the above
documents within 90 days of the installation of an antenna on any new or
existing towers not previously identified, and notice of any change in
ownership of any telecommunications tower.
27C-3 Telecommunications Tower Standards.
27C-3.01
27C-3.02
Applicable Federal and State Standards. All telecommunications
towers and antennas shall be erected and operated in compliance with
current Federal Communication Commission (FCC) and Federal Aviation
Administration (FAA) rules and regulations, and other applicable Federal
State. and local standards.
Structural Standards. Telecommunications tower structures must be
designed and constructed to conform to the most current revision of
TIA/EIA 222 standards. However, any telecommunications tower
structures must be designed and constructed to the wind load speeds
established in the City's Building Code. rather than the basic wind speeds
published in TIA/EIA 222.
27C-3.03 Co -location. Towers shall be designed and built to accommodate a
minimum of two telecommunication providers if over 75 feet (23 meters)
R82804A9.084
9
in height. The owner of the tower must certify to the city that the tower is
available for use by other telecommunications service providers on a
reasonable and nondiscriminatory basis.
27C-3.04 Fencing and Support Structures.
(A) Security fencing shall be installed and must be constructed of
wrought iron or steel. chain link fence, or a masonry wall which is
not less than 6 feet (1.8 meters) in height.
(B.) The exterior of equipment buildings, within. adjacent to or visible
from a residential district, shall be constructed of materials (i.e.
siding. brick. masonry, or stucco) and in a similar style and
character (i.e.. roofing, color, and trim) of adjoining structures and
must blend with adjacent landscaping and other surroundings.
Metal equipment cabinets are not permitted.
Q The exterior of other equipment buildings and/or metal equipment
cabinets. which are within a nonresidential district and visible from
public rights-of-way, must have a neutral finish or be painted to
reflect the color and character of adjoining structures or blend with
adacent la dscasin• and othe surroundings.
u The owner or operator of a telecommunication tower facility may
request a waiver of the requirement for a security fence from the
Board of Adjustment.
27C-3.05 Setbacks.
R82804A9.084
£A) All telecommunication towers as well as guys and guy anchors
shall be located within the buildable area of the lot and not within
the front rear. or sideyard building setbacks.
L) Telecommunication towers shall be set back a minimum of one
and a half (1.5) times the height of the tower from the right-of-way
of all federal and state highways and any arterial street.
.(C) Except as otherwise provided in this Article. telecommunications
towers adjacent to residential dwellings must be a minimum of a
1.5 to 1 distance to height ratio from a single-family. two-family
or multiple -family dwelling.
10
(D) Amateur radio antennas must be a minimum of a 1 to 2 distance to
height ratio from nearest property line and consent of adjoining
property owners.
u The Building Official may allow the construction of
teleco mu ication tower that is not ad. acent to a dwellin • within
the setback required by 27C -3.05(B) if the tower, including any
antennas and other devices installed on the tower, is built to
substantially higher wind load standards. The minimum setbacks
from roadways may be reduced to the minimum required yard
setbacks if the tower will withstand a sustained wind speed of 130
m.p.h. (209 kmph), which is equal to the highest recorded
sustained wind speeds experienced within the City.
(F) The Zoning Board of Adjustment may reduce the required setback
of a telecommunication tower adjacent to a dwelling. if the tower.
including any antennas and other devices installed on the tower, are
built to substantially higher wind load standards. The setback from
nearest residential structure may be reduced to the minimum
required yard setbacks if the tower will withstand a sustained wind
speed of 130 m.p.h. (209 kmph). which is equal to the highest
recorded sustained wind speeds experienced within the City.
27C-3.06 Signage.
(A) Except as otherwise permitted in this ordinance, no signage
lettering, symbols, images, or trademarks other than one
identifying sign that is not in excess of 200 square inches (1290
square cm) shall be placed on or affixed to any part of a
telecommunications tower antenna, or antenna array, other than as
required by FCC regulations or other applicable law.
U3) An identifying sign shall be posted on the gate of the security fence
or on the door of the equipment enclosure. The identifying sign
shall contain the following information to enable public safety
personnel to contact the telecommunication tower operator: (1)
name of the operator of the telecommunications tower, and (2) a
telephone number that monitored 24 hours a day, 365 days a year.
27C-3.07 Liehting.
[A) Except as otherwise permitted in this ordinance, no signals lights
or illumination of any kind shall be permitted on or directed toward
any tower, unless required by the FCC, the FAA, or other
R82804A9.084
11
appropriate public authority with jurisdiction over lighting of
towers.
(B) Security lighting may be installed to illuminate the area
surrounding the tower and the equipment building or equipment
enclosures. Any lighting must be shielded and directed away from
any nearby streets or residences so long as FCC or FAA guidelines
standards. and regulations are satisfied.
27C-3.08 Abandonment.
(A) The owner of any telecommunications facility shall provide the Building
Official with a copy of any notice of its intent to cease operations sent to
the Federal Communications Commission within 30 da s of filin• the
notice with the FCC. The telecommunications tower and accessory
structures shall be removed within ninety (90) days of date operations
cease. unless an extension is obtained from the Building Official.
() In the event the use of any wireless communication facility, which would
include any telecommunications tower or other antenna support structure
has been discontinued for a period of 360 days, the antenna support
structure shall be deemed to be abandoned. Determination of the date of
abandonment shall be made by the Building Official, who shall have the
right to request documentation from the owner/operator regarding the issue
of usage.
(f) Upon the determination of abandonment, the owner/operator of the tower
or antenna support structure shall remove tower or structure within 90 days
of receipt of notice from the building official notifying the owner/operator
of such abandonment. If the tower or antenna support structure is not
removed within 90 days. the Building Official shall cause it to be removed
at the owners expense.
27C-3.09 Landscapin . .
(A) Any side of the security fencing surrounding a telecommunication tower
antenna facility, within a residential district. that is visible from a public
road or residence must be screened from view by landscaping. The
planting of trees within the fenced area is encouraged.
(B) Any side of the security fencing surrounding a telecommunication tower
antenna facility, within a non-residential district, that is located in a front
or side yard along a street, or which is visible from residence must be
screened from view by landscaping.
R82804A9.084
12
Landscaping shall be designed within twelve months of installation to
block the view of the public from a road or residence of the base of the
tower. equipment structure. and parking areas within the fenced enclosure.
(D) Plants shall be selected from those listed in Section 27B-14 of this
ordinance. The use of drought tolerant trees. shrubs. and vines is
recommended.
u The owner or operator of the antenna facility shall maintain the required
landscaping.
27C-4 Tower Location Standards.
27C-4.01 Towers Permitted by Right.
a) Free standing monopole telecommunications towers 85 feet (26 meters) or
less in height and self-supporting lattice and guyed towers 50 feet (15
meters) or less in height are permitted in the non-residential districts
indicated in Table 27C of this ordinance.
(B) Free standing monopole. guyed. and self-supporting lattice work towers of
any height are permitted in an I-3 district.
27C-4.02
27C-4.03
Towers Requiring a Special Use Exception (SUE). Except as otherwise
provided in this Article, monopole towers in excess of 85 feet (26 meters)
in height and other telecommunication towers. including self-supporting
lattice and guyed towers in excess of 50 feet (15 meters) in height are
permitted in the non-residential districts and monopole
telecommunications towers are permitted in residential districts. as
indicated in Table 27C of this ordinance. with a Special Use Exception
(SUE).
Historic/Cultural. Except for compatible alternative mounting structures
that effectively camouflage or conceal the presence of telecommunications
antennas, telecommunications facilities should not be located on or within
300 feet (90 meters) of property zoned historic or property included in a
national or local historic district. In addition. said facilities should
wherever possible, be located so as to ensure that historic or culturally
significant vistas. and landscapes are protected and that the views of and
vistas from architecturally and/or historically significant structures are not
impaired or diminished.
27C-4.04 Tower Spacing. Any new telecommunications tower in excess of 180
feet in hei t ht must be located a minimum of 1 mile from an existin
R82804A9.084
13
tower in excess of 180 feet (54.9) in height, unless the telecommunication
tower is located within an I-3 district.
27C-4.05 Alternative Mounting Structures.
(A) New Alternative Mounting Structures 100 feet (30 meters) or less in
height are permitted. by right, in the non-residential districts indicated in
Table 27C of this ordinance.
(B) New Alternative Mounting Structures in excess of 100 feet (30 meters) in
height are permitted in the non-residential districts indicated in Table 27C
of this ordinance with a Special Use Exception.
(C) New Alternative Mounting Structures 100 feet (30 meters) or less in
height that are also used to provide lighting to parks. stadiums. athletic
fields. school playgrounds, tennis courts, and other recreational areas are
permitted. by right. in residential districts indicated in Table 27C of this
ordinance.
(D) All other new Alternative Mounting structures located in the residential
zoning districts indicated in Section 27C-8. of this ordinance shall require
a Special Use Exception.
LE) Alternative Mounting Structures must be either:
(1) Similar in color. scale and character to adjoining buildings or
structures or blend with the landscaping and other surroundings
immediately adjacent to them so as to generally avoid the creation
of unique visual object that stand out in the environment: or
(2) Designed as an artwork. The design of aproposed alternative
mounting structure that is intended to also serve as a work of art
shall be submitted to the Municipal Arts Commission for review
and comment.
(3) Designed as lighting standards for parks, stadiums, athletic fields
school playgrounds, termis courts, and other recreational areas.
27C-5 Antenna Mounting Standards.
27C-5.01
R82804A9.084
The purpose of this section is to promote public safety and maintain order
and harmony within the City's business, cultural and residential districts by
restricting the size and location of telecommunication antennas.
14
27C-5.02 Whip and Panel Antenna Mounting Standards.
(Ai Individual telecommunications antennas are allowed as a matter of right
on existing electric utility poles, light standards, and telecommunication
towers in excess of 40 feet (12 meters) in height. provided that the total
length of any antenna does not exceed 15 percent of the height of the
structure.
(Bj The height or length of a panel or whip antenna is determined by
measuring from the base or point of attachment to a tower or structure to
the hi . hest int of an and all com s . nents of the antenna.
0
(C) Telecommunications antennas and arrays are allowed by right on existing
electric transmission towers.
(11) Existing towers in excess of 50 feet (15 meters) in height may, as a matter
of right, be rebuilt, if necessary. to support or contain a new antenna or
additional antennas. provided that the new tower is the same height and
substantially the same in appearance as the structure it replaces and at a
minimum. is reconstructed to meet the current building codes including
the State's windstorm resistant construction regulations.
u Panel antennas which do not extend above the billboards and outdoor
advertising signs or whip antennas 15 feet (4.5 m) or less in height are
permitted, as a matter of right. on conforming billboard structures and
signs.
u Building mounted panel antennas are permitted as a matter of right on
non-residential buildings and multifamily dwellings in all zoning districts.
provided that they do not project to the side more than 36 inches (91 cm)
from the surface of the building to which they are attached. The antenna's
appearance shall be such that its color and texture blends with the
surrounding surface of the building.
(G) Whip antennas are permitted, as a matter of right, on non-residential
buildings and multifamily dwellings in all zoning districts, provided that
the total length of the whip antennas. regardless of mounting method or
location. does not exceed 25 feet (7.5 ml or 15 percent of the height of the
building.
27C-5.03 Dish Antenna Mounting Standards.
(A) Dish antennas. shall not be permitted in any frontyard setback area or
sideyard setback adjacent to anv roadway.
R82804A9.084
(C
15
Ground mounted dish antennas in excess of five feet (1.5 meters) in height
shall be screened from roadways and adjacent property by a minimum 6
foot high screening fence evergreen hedge or masonry wall.
Dish antennas in excess of 10 feet (3 meters) in height or more than 10
feet (3 meters) in diameter. shall not be permitted in any residential zoning
district.
Dom) Building/roof mounted dish antennas 3.3 feet (1 m) or less in diameter are
permitted in all zoning districts indicated in Table 27C of this ordinance.
(E) Building/roof mounted dish antennas 6.6 feet (2 m) or less in diameter, are
permitted on all non-residential buildings and multi -family dwellings in
any zoning district.
(E) Building/roof mounted dish antennas in excess of 6.6 feet (2 m) in
diameter, may be permitted on buildings in excess of 100 000 square feet
(9.000 square meters) of building floor area in in any zoning district.
27C-5.04 Structural Certification.
(A) Prior to the installation of any building/roof mounted telecommunications
antenna antenna array. or support structure on other than a single-family
residence, the City's Building Official shall be provided with an engineer's
certification that the structure will support and not be adversely affected by
the proposed antenna and associated equipment.
27C-6 Appeal.
27C-6.01 Any entity that desires to erect or utilize telecommunication facilities that
wishes to present evidence that such entity would be limited by the current
ordinances or regulations of the City dealing with zoning and land use may
apply for such use under this section. The Zoning Board of Adjustment
shall upon a showing that strict application of the regulations would
prohibit or have the effect of prohibiting personal wireless service, as
defined by Federal law. grant a Special Use Exception, consistent with the
spirit and intent of this chanter and section. to the extent necessary to
prevent the prohibition.
27C-7 Violation Deemed Nuisance.
27C-7.01
R82804A9.084
In addition to the penalties provided in this code. any violation of this
subchapter is hereby declared to be a nuisance. In addition to any other
relief .rovided b this subcha.ter the cit a a..1 to a court of
16
competent jurisdiction for an injunction to prohibit the continuation of any
violation of this article, and other available relief.
Table 27C
Zoning Districts Where Telecommunication Facilities Are Authorized
Telecommunication Facility Type
Non -Residential'
Residential'
Historic/Cultural
Reference
Amateur Radio Towers under 50 feet
Yes
Yes
No
Section 27C-
( 15 m)
4.02. See
also Section
13-1, Code of
Ordinances
&103.4.4.4.
of Technical
Construction
Codes
Self-supporting Lattice, Guyed, and Other
Towers
0 to 50 feet (15 ml
Yes
No
No
Section 27C-
4.04
over 50 feet (15 ml
S4
1`14
No
Section 27C-
4.04
Monopole Tower
0 to 85 feet (26 meters)
Yes
SUE'
No
Section 27C-
4.03
over 85 feet (26 meters)
SUE' 4
No
No
Section 27C-
4.04
Alternative Mounting Structures
0 to 100 feet (30 m)
Yes
SUE"
Stealth
Section 27C -
4.06(A)
over 100 feet (30 m)
SUE'
SUE'
Stealth
Section 27C -
4.06(B)
R82804A9.084
17
Antenna Only Mountings
Electric Transmission Towers
Yes
Yes
Stealth
Section 27C -
5.02(B)
Existing Telcom Towers over 40 feet
Yes
Yes
Stealth
Section 27C-
(12 m)
5.02(A)
Utility Poles over 40 feet (12 m)
Yes
Yes
Stealth
Section 27C -
5.02(A)
Light Poles over 40 feet (12 m)
Yes
Yes
Stealth
Section 27C -
5.02(A)
Conforming Billboards
Yes
Yes
Stealth
Section 27C-
5.0203)
Building Mounted Panels
Stealth
Stealth'
Stealth
Section 27C -
5.02(E)
Building Mounted Whips
Yes
Yes'
Stealth
Section 27C -
5.02(F)
Roof Mounted Arrays
Yes'
Yes'
Stealth
Section 27C -
5.02(F)
Dish Antenna Mounting
Building/Roof Mounted under lm (3.3')
Yes
Yes
Stealth
Section 27C -
dia.
5.03(0)
Building/Roof Mounted under 2m (6.61
Yes'
Yes'
Stealth
Section 27C -
dia.
5.03(F)
Building/Roof Mounted over 2m (6.6')
Yes'
Yes'
Stealth
Section 27C -
dia.
5.03(G)
Ground Mounted under 3m (3.3') dia.
Yes
Yes
Stealth
Section 27C -
5.03(C)
Ground Mounted over 3m (3.3') dia.
Yes
No
Stealth
Section 27C -
5.03(C)
Notes:
'- Non -Residential means for the purpose of this Article and
Table. zoning districts F -R AB. B-1 B -2A. B-2 BD. B-3
B-4 B-5. B-6. I-1. 1-2, and I-3.
Residential means. for the purpose of this Article and Table
zoning districts RE, RA. R -1A, R -1B. R -IC, T-TH, R-2, T -
IA T -1B T -1C, A-1. A -1A. A-2, and AT.
R82804A9.084
18
SECTION 3. Section 4A-2 is amended by adding a new Subsection 4A-2(13) to read as
follows:
"Section 4A-2 Use Regulations. * *
*
"( 13) Telecommunications facility. subject to the limitations in Article 27C."
SECTION 4. Section 4B-2 is amended by adding a new Subsection 4B-2(11), to read as
follows:
"Section 4B-2 Use Regulations. * *
"(11) Telecommunications facility, subject to the limitations in Article 27C."
*
SECTION 5. Section 4C-2 is amended by adding a new Subsection 4C-2(11), to read as
follows:
"Section 4C-2 Use Regulations. * *
*
"(11) Telecommunications facility, subject to the limitations in Article 27C."
R82804A9.084
"SUE" means a special use exception, obtained under
Section 29-3, is required by Section 27C-4.04.
In an 1-3 zoning district, there is no tower height limitation
and SUE is not required
5
Alternative Mounting Structures 100 feet (30 meters) or less
in height that are also used to provide lighting to parks.
stadiums. athletic fields. school playgrounds, tennis courts
and other recreational areas are permitted, by right. in
residential districts
°
Non -Residential and Multi -Family Structures Only
'-
Non -Residential and Multi -Family Structures
s
Structures in excess of 100.000 sa. ft (900 sq. m) of floor
area
SECTION 3. Section 4A-2 is amended by adding a new Subsection 4A-2(13) to read as
follows:
"Section 4A-2 Use Regulations. * *
*
"( 13) Telecommunications facility. subject to the limitations in Article 27C."
SECTION 4. Section 4B-2 is amended by adding a new Subsection 4B-2(11), to read as
follows:
"Section 4B-2 Use Regulations. * *
"(11) Telecommunications facility, subject to the limitations in Article 27C."
*
SECTION 5. Section 4C-2 is amended by adding a new Subsection 4C-2(11), to read as
follows:
"Section 4C-2 Use Regulations. * *
*
"(11) Telecommunications facility, subject to the limitations in Article 27C."
R82804A9.084
19
SECTION 6. Section 5-2 is amended by adding a new Subsection 5-2(14), to read as follows:
"Section 5-2 Use Regulations. * * *
"(14) Telecommunications facility. subject to the limitations in Article 27C."
* * * * *
SECTION 7. Section 6B-2 is amended by adding a new Subsection 6B-2(9), to read as follows:
"Section 6B-2 Use Regulations. * * *
"(2) Telecommunications facility, subject to the limitations in Article 27C."
SECTION 8. Section 7A-2 is amended by adding a new Subsection 7A-2(17), to read as
follows:
"Section 7A-2 Use Regulations. * *
*
"(17) Telecommunications facility, subject to the limitations in Article 27C."
SECTION 9. Section 8A-2 is amended by adding a new Subsection 8A-2(14), to read as
follows:
"Section 8A-2 Use Regulations. * *
*
"(14) Telecommunications facility. subject to the limitations in Article 27C."
SECTION 10. Section 14A-2 is amended by adding a new Subsection 14A-2(34), to read as
follows:
"Section 14A-2 Use Regulations. * *
"(34) Telecommunications facility subject to the limitations in Article 27C."
R82804A9.084
20
SECTION 11. Section 19-2 is amended by adding a new Subsection 19-2(16), to read as
follows:
"Section 19-2 Use Regulations. * *
*
"(16) Telecommunications facility, subject to the limitations in Article 27C."
SECTION 12. That Section 29-3 of the Zoning Ordinance of the City of Corpus Christi, Texas,
is amended by adding a new Subsection 29-3.12, to read as follows:
"ARTICLE 29. THE BOARD OF ADJUSTMENT"
"Section 29-3 Special Use Exceptions. *
"29-3.12 Telecommunications towers and antennas, as provided in Article 27C."
SECTION 13. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full
force and effect for its purpose.
SECTION 14. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 35-3 of the Zoning Ordinance of the City
Corpus Christi.
SECTION 15. Publication shall be made in the official publication of the City of Corpus Christi
as required by the City Charter of the City of Corpus Christi.
R82804A9.084
-21
That foregoin ordinance was read for the first time and passed to its second reading on this
the
ay of , 1999, by the following vote:
Samuel L. Neal, Jr. Betty Jean Longoria
Javier D. Colmenero John Longoria
Melody Cooper u,' Edward A. Martin
Alex L. Garcia, Jr. Dr. David McNichols
Dr. Arnold Gonzales
IAA
1.41
CaiC
1
That the foregoing ordinance was read for the second time and passed finally on this the /'
day of , 1999, by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Alex L. Garcia, Jr.
Dr. Arnold Gonzales
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
PASSED AND APPROVED, this the 1311C -lay of
ATTEST:
Armando Chapa
City Secretary
APPROVED: o? -3 day of Marc. h , 1999:
, 1999.
Samuel L. eal, Jr
Mayor, The City of Corpus Christi
James R. Bray, Jr., City Attorney
By:
R. Jfi Re fiing
Assistant City Attorney
R82804A9.084
P2J6.12