OR 91-500-A-151 Adds Wireless Telecommunications Towers & Antennas Regulations ORDINANCE NO. 91500A151
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF COPPELL, TEXAS, AS HERETOFORE
AMENDED, BY ADDING A NEW SECTION 32A REGULATING
WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS;
PROVIDING DEFINITIONS; PROVIDING FOR PERMITTED
LOCATIONS; PROVIDING CONDITIONS FOR PERMITTED USES,
ACCESSORY USES, AND SPECIAL USES; PROVIDING FOR PERMITS
AND LEASE AGREEMENTS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Coppell, Texas, has received or expects to receive requests to
site wireless communications towers and antennas within the City limits; and
WI~EREAS, the City of Coppell, Texas, finds that it is in the public interest to permit the
siting of wireless communications towers and antennas within the city limits, and
WHEREAS, it is the intent of the City of Coppell to permit the siting of wireless
communications towers and antennas within the City limits; and
WHEREAS, it is the intent of the City of Coppell to protect and promote the public
health,~ safety and welfare by regulating the siting of wireless communications towers and
antennas, and
WIIEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws oftbe State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and at, er holding due hemings and affording a full and fair hearing to all property owne~ generally, and
to all persons interested and situated in the affected area and in the vicinity thereot~ the said governing
body is of the opinion that Comprehensive Zoning Ordinance of the City of Coppell should be
amended to include a new Section 32A, Wr~reless Telecommunications Towers and Antennas, and in
the exercise of legislative discretion has concluded that the Comprehensive Zoning Ordinance should
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
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SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, duly
passed by the governing body of the City of Coppe2, Texas, as heretofore amended, be and the same is
hereby amended, in part, to add a new Section 32A, to read as follows:
"S~ON $2A
~iflR~I,F~SS TELF~OMMUNICATIONS TOWERS AND ANTENNAS
Purpose. The purpose of this section is to establish general guidelines for the siting of
wireless communications towers and antennas. The goals of this section are to: (1)
protect residential areas and land uses from potential adverse impacts of towers and
antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the
total number of towers throughout the community; (4) strongly encourage the joint use of
new and existing tower sites as a primary option rather than construction of additional
single-use towers; (5) encourage users of towers and antennas to locate them, to the
extent possible, in areas where the adverse impact on the community is minimal; (6)
encourage users of towers and antennas to configure them in a way that minimizes the
adverse visual impact of the towers and antennas through careful design, siting, landscape
screening, and innovative camouflaging techniques; (7) enhance the ability of the
providers of telecommunications services to provide such services to the community
quickly, effectively, and efficiently; (8) consider the public health and safety of
communication towers; and (9) avoid potential damage to adjacent properties from tower
failure through engineering and careful siting of tower structures. In furtherance of these
goals, the City shall give due consideration to the master plan, zoning map, existing land
uses, and environmentally sensitive areas in approving sites for the location of towers and
antennas.
32A-1: Definitions: As used in Section 32A, the following terms shall have the
meanings set forth below:
(A) Alternative tower S~xucture means man-made trees, clock towers,
bell steeples, light poles and similar alternative-design mounting
structures that camouflage or conceal the presence of antennas or
towers.
03) Ant~na me~ any cxtorior tran~nitting or re~0iving device
mounted on a tower, building or structure and used in
communications that radiate or capture electromagnetic waves,
digital signals, analog signals, radio frequencies (excluding radar
signals), wireless telecommunications signals or other
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(C) Backhaul network means the lines that connect a provider's
towers/cell sites to one or more cellular telephone switching offices,
and/or long distance providers, or the public switched telephone
network.
(D) FAA means the Federal Aviation Administration.
(E) FCC means the Federal Communications Commission.
(F) Height means, when referring to a tower or other structure, the
distance measured from the finished grade of the parcel to the
highest point on the tower or other structure, including the base
pad and any antenna.
(G) Pre-existing towers and pre-existing antennas means any tower or
antenna for which a building permit or special use permit has been
properly issued prior to the effective date of Section 32A, including
permitted towers or antennas that have not yet been constructed so
long as such approval is current and not expired.
(H) Tower means any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas for
telephone, radio and similar communication purposes, including
seW-supporting lattice towers, guyed towers, or monopole towers.
The term includes radio and television transmission towers,
microwave towers, common*carrier towers, cellular telephone
towers, alternative tower strUctures, and the like. The term
includes the structure and any support thereto.
32A-2 Aoolicabilitv:
(A) New Towers and Antennas: All new towers or antennas in the City
shall not be permitted, except as provided herein and shall be
subject to Section 32A, except as set forth below in (B) through
(D), inclusive.
(B) Amateur Radio Station Operators/Receive Only Antennas: Section
32A shall not govern any tower, or the installation of any antenna,
that is under seventy (70) feet in height and is owned and operated
by a federally-licensed amateur radio station operator or is used
exclusively for .receive only antennas.
(C) Pre-existing Towers or Antennas: Pre-existing towers and
preexisting antennas shall not be required to meet the requirements
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of Section 32A, other than the requirements of Sections 32A-3(F)
and (G).
(D) AM Array: For purposes of implementing Section 32A, an AM
array, consisting of one or more tower units and supporting ground
system which functions as one AM broadcasting antenna, shall be
considered one tower. Measurements for setbacks and separation
distances shall be measured from the outer perimeter of the towers
included in the AM array. Additional tower units may be added
within the perimeter of the AM array by right.
32A-3 General Requirements:
(A) Principal or Accessory Use: Antennas and towers may be
considered either principal or accessory uses. A different existing
use of an existing structure on the same lot shah not preclude the
installation of an antenna or tower on such lot.
(B) Lot Size: For purposes of determining whether the installation of a
tower or antenna complies with Section 32A, including but not
limited to setback requirements, lot-coverage requirements, and
other such requirements, the dimensions of the entire lot shah
control, even though the antennas or towers may be located on
leased parcels within such lot.
(C) Inventory of Existing Sites: Each applicant for an antenna and/or
tower shall provide to the City Planning Director an inventory of its
existing towers, antennas, or sites approved for towers or antennas,
that are either within the City or within one mile of the City limits,
including specific information about the location, height, and design
of each antenna or tower. The City Planning Director may provide
such information to other applicants applying for administrative
approvals or special use permits or others seeking to locate towers
or antennas within the City, provided, however that the City
Planning Director is not, by sharing such information, in any way
representing or warranting that such sites are available or suitable.
(D) Aesthetics: Towers and antennas shah meet the following
requirements:
(1) Towers shall either maintain a galvanized steel finish or,
subject to any applicable standards oftbe FAA, be painted a
neutral color so as to reduce visual obtrusiveness.
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(2) At a tower site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors,
textures, screening, and landscaping that will blend them
into the natural setting and surrounding buildings.
(3) If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or
closely compatible with, the color of the supporting
structure so as to make the antenna and related equipment
as visually unobtrusive as possible.
(E) Lighting: Towers shall not be artificially lighted, unless required by
the FAA or other applicable authority. If lighting is required, the
lighting alternatives and design chosen must cause the least
disturbance to the surrounding views.
(F) State or Federal Requirements: All towers must meet or exceed
current standards and regulations of the FAA, the FCC, and any
other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed
by Section 32A shaH bring such towers and antennas into
compliance with such revised standards and regulations within six
(6) months of the effective date of such standards and regulations,
unless a different compliance schedule is mandated by the
controlling state or federal agency. Failure to bring towers and
antennas into compliance with such revised standards and
regulations shaH constitute grounds for the removal of the tower or
antenna at the owner's expense.
(G) Building Codes; Safety Standards: To ensure the structural
integrity of towers, the owner of a tower shall ensure that it is
maintained in compliance with standards contained in applicable
state or City Building Codes and the applicable standards for
towers that are published by the Electrorfic Industries Asso~ation,
as amended from time to time. ~ upon inspection, the City
concludes that a tower fails to comply with such codes and
standards and constitutes a danger to persons or property, then
upon notice be'mg provided to the owner of the tower, the owner
shall have thirty (30) days to bring such tower into compliance with
such standards. Failure to bring such tower into compliance within
said thirty (30) days shah constitute grounds for the removal of the
tower or antenna at the owner's expense.
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(H) Measurement: For purposes of measurement, tower setbacks and
separation distances shall be calculated and applied to facilities
located in the City irrespective of City and county jurisdictional
boundaries.
(I) Not Essential Services: Towers and antennas shall be regulated and
permitted pursuant to Section 32A and shall not be regulated or
pernutted as essential services, public utilities, or private utilities.
Franchises: Owners and/or operators of towers or antennas shall
certify that all franchises and/or licenses required by law for the
construction and/or operation of a wireless communication system
in the City have been obtained and shall file a copy of all required
franchises with the City Planning Director.
(K) Public Notice: For purposes of Section 32A, any special use permit
request, variance request, or appeal of an administratively approved
use or special use permit shall require public notice to all abutting
property owners and all property owners of properties that are
located within the corresponding separation distance listed in
Section 32A-6(BXS)(b), Table 2, in addition to any notice
otherwise required by the Zoning Ordinance.
(L) Signs: No signs shall be allowed on an antenna or tower.
Buildings and Support Equipment: Buildings and support
equipment associated with antennas or towers shall comply with the
requirements of Section 32A-7.
(N) Multiple Antenna/Tower Plan: The City encourages the users of
towers and antennas to submit a single application for approval of
multiple towers and/or antenna sites. Applications for approval of
multiple sites shall be given priority in the review process.
32A-4 Permitted Use~:
(A) General: The uses listed in this Section are deemed to be permitted
uses and shall not require administrative approval or a special use
permit.
(B) Permitted Uses: The following uses are specifically permitted:
(1) Antennas or towers located on property owned, leased, or
otherwise controlled by the City provided a license or lease
authorizing such antenna or tower has been approved by the
City.
32A-5 Administratively Approved Uses.
(A) General. The following provisions shall govern the issuance of
administrative approvals for towers and antennas.
(1) The City Planning Director may administratively approve
the uses listed in this Section.
(2) Each applicant for administrative approval shall apply to the
Planning Director providing the information set forth in
Sections 32A-6(B)(1) and 32A-6(BX3) and a nonrefundable
fee as established by resolution of the City Council to
reimburse the City for the costs of reviewing the
application.
(3) The City Planning Director shall review the application for
administrative approval and determine if the proposed use
complies with Sections 32A-3, 32A-6(B)(4) and 32A-
(4) The City Planning Director shall respond to each ~uch
application within sixty (60) days aRer receiving it by either
approving or denying the application. If the City Planning
Director fails to respond to the applicant within said sixty
(60) days, then the applic~ztion shall be deemed to be
approved.
(5) In connection with any such administrative approval, the
City Planning Director may, in order to encourage shared
use, administratively waive any zoning district setback
requirements in Section 32A-6(BX4) or separation distances
between towers in Section 32A-6(BX$) by up to fd~y
percent (50%).
(6) In connection with any such administrative approval, the
City Planning Director may, in order to encourage the use
of monopolea, administratively allow the reconstruction of
an existing tower to monopole construction.
(7) If an administrative approval is denied, the applicant shall
file an application for a special use permit pursuant to
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Section 32A-6 prior to filing any appeal that may be
available under the Zoning Ordinance.
(B) List of Administratively Approved Uses. The following uses may
be approved by the City Planning Director aider conducting an
administrative review:
(1) Locating antennas on existing structures or towers
consistent with the terms of subsections (a) and (b) below.
(a) Antennas on existing structures. Any antenna which
is not attached to a tower may be approved by the
City Planning Director as an accessory use to any
commercial, industrial, professional, institutional, or
multi-family structure of eight or more dwelling
units, provided:
(i) The antenna does not extend more than
thirty (30) feet above the highest point of the
structure;
(ii) The antenna complies with ali applicable
FCC and FAA regulations; and
('fii) The antenna-complies with all applicable
building codes.
(b) Antennas on existing towers. An antenna which is
attached to an existing tower may be approved by
the City Planning Director and, to minimize adverse
visual impacts associated with the proliferation and
clustering of towers, collocation of antennas by
more than one carrier on existing towers shall take
precedence over the construction of new towers,
provided such collocation is accomplished in a
manner consistent with the following:
(i) A tower which is modified or reconstructed
to accommodate the collocation of an
additional antenna shah be of the same tower
type as the existing tower, unless the City
Planning Director allows reconstruction as a
monopole.
(1) An existing tower may be modified
or rebuilt to a taller height, not to
exceed thirty (30) feet over the
tower's existing height, to
accomm~te the collocation of an
additional antenna.
(2) The height change referred to in
section 32A-$(BXiiX1) may only
occur one time per communication
tower.
(3) The additional height referred to in
section 32A-$(BXiiX1) shall not
require an additional distance
separation as set forth in Section
32A-6. The tower's premodification
height shall be used to calculate such
distance separations.
('fii) Onsite location
(1) A tower which is being rebuilt to
accommodate the collocation of an
additional antenna may be moved
onsite within fifty (50) feet of its
existing location.
(2) Aider the tower is rebuilt to
accommodate collocation, only one
tower may remain on the site.
(3) A relocated onsite tower shall
continue to be measured from the
original tower location for purposes
oiv calculating separation distances
between towers pursuant to Section
32A-6(BXS). The relocation of a
tower hereunder shall in no way be
deemed to cause a violation of
Section 32A-6(BX5).
(4) The onsite relocation of a tower
which comes within the separation
distances to residential units or
residentially zoned lands as
established in Section 32A-6(BX5)
shall only be permitted when
approved by the City Planning
Director.
(2) Installing a cable mieroedl ngtwork through the use of
multiple low-powered transmitters/reodvers attached to
existing wireline systems, such as conventional cable or
telephone wires, or similar technology tl~t does not r~uire
the use of towers.
32A-6 Special Use Permits in "LI" Light Industrial District and "UP' Heavy
Industrial District:
(A) General: The following provisions shall govern the grant of special
use permits for towers or antennas by the City Council and the
recommendation of the Planning and Zoning Commission:
(1) If the tower or antenna is not a permitted use under Section
32A-4 or permitted to be approved administratively
pursuant to Section 32A-5, then a special use permit shah
be required for the construction of a tower or the placement
of an antenna in "LI" Light Industrial District or 'TH"
Heavy Industrial District, as defined in the Comprehensive
Zoning Ordinance.
(2) Applications for special use permits under this Section shah
be subject to the procedures and requirements of Section 30
: of the Comprehensive Zoning Ordinance, except as
modified in this Section.
(3) A special use permit may impose conditions to the extent
the City Council and/or the Planning and Zoning
Commission conclude such conditions are necessary to
minimize any adverse effect of the proposed tower on
adjoining properties.
(4) Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, shah be
certified by a licensed professional engineer.
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(5) An applicant for a special use permit shall submit the
information described in this Section and a non-refundable
fee as established by resolution of the City Council to
reimburse the City for the costs of reviewing the
application.
(B) Towers.
(1) Information required. In addition to any information
required for applications for special use permits pursuant to
Section 30 of the Comprehensive Zoning Ordinance,
applicants for a special use permit for a tower shall submit
the following information:
(a) A scaled site plan clearly indicating the location,
type and height of the proposed tower, on-site land
uses and zoning, adjacent land uses and zoning
(including when adjacent to other municipalities),
Master Plan classification of the site and all
properties within the applicable separation distances
set forth in Section 32A-6(B)(5), adjacent roadways,
proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower and
any other structures, topography, parking, and other
information deemed by the City Planning Director to
be necessary to assess compliance with this
ordinance.
(b) Legal description of the parent tract and leased
parcel (if applicable).
(c) The setback distance between the proposed tower
and the nearest residential unit, platted residentially
zoned properties, and unplatted residentially zoned
properties.
(d) Thc scparation distancc from other towers dcscn*bcd
in the inventory of existing sites submitted pursuant
to Section 32A-3(C) shall be shown on an updated
site plan or map. The applicant shall also identify the
type of construction of the existing tower(s) and the
owner/operator of the existing tower(s), if known.
(0 landsc po plan showing specific landscape
materials.
(f) Method of fencing, and finished color and, if
applicable, the method of camouflage and
illumination.
(g) A description of compliance with Sections 32A-
3(C), (D), (E), (F), (G), (J), (L) and (M), 32A-
6(BX4), 32A-6(BX5) and all applicable federal,
state or local laws.
(h) A notarized statement by the applicant as to whether
construction of' the tower will accommodate
collocation of additional antennas for future users.
(i) Identification of the entities providing the
backhaul network for the tower(s) described
in the application and other cellular sites
owned or operated by the applicant in the
City.
(j) A description of the suitability of the use of existing
towers, other structures or alternative technology
not requiring the use of towers or structures to
provide the services to be provided through the use
of the proposed new tower.
(k) A description of the feasible location(s) of future
towers or antennas within the City based upon
existing physical, engineering, technological or
geographical limitations in the event the proposed
tower is erected.
(2) Factors Considered in Granting Special Use Permits for
Towers: In addition to any standards for consideration of
special use permit applications pursuant to Section 30 of the
Comprehensive Zoning Ordinance, the City Council and the
City Planning and Zoning Commission shall consider the
following factors in determining whether to grant a special
use permit, although either body may waive or reduce the
burden on the applicant of one or more of these criteria if
such body concludes that the goals of Section 32A are
better served thereby:
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(a) Height of the proposed tower;
(b) Proximity of the tower to residential structures and
residential district boundaries;
(c) Nature of uses on adjacent and nearby properties;
(d) Sun'ounding topography;
(e) Surrounding tree coverage and foliage;
(0 Design of the tower, with particular reference to
design characteristics that have the effect of
reducing or eliminating visual obtrusiveness;
(g) Proposed ingress and egress; and
(h) Availability of suitable existing towers, other
structures, or alternative technologies not requiring
the use of towers or structures, as discussed in
Section 32A-6(BX3).
(3) Availability of Suitable Existing Towers, Other Structures,
or Alternative Technology: No new tower shall be
permitted unless the applicant demonstrates to the
reasonable satisfaction of the City Council that no existing
tower, structure or alternative technology that does not
require the use of towers or structures can accommodate
the applicant's a proposed antenna. An applicant shah
submit information requested by the City Council and/or the
Planning and Zoning Commission related to the availability
of suitable existing towers, other structures or alternative
technology. Evidence submitted to demonstrate that no
existing tower, structure or alternative technology can
accommodate the applicant's proposed antenna may consist
of any of the following:
(a) No existing towers or structures are located within
the geographic area which meet applicant's
engineering requirements.
Co) Existing towers or structures are not of sufficient
height to meet applicant's.engineering requirements.
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Existing towers or structures do not have suttieient
stmotural strength to support applicant's proposed
antenna and related equipment.
(d) The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the
existing towers or structures, or the antenna on the
existing towers or structures would cause
interference with the applicant's proposed antenna.
(e) The fees, costs, or contractual provisions required
by the owner in order to share an existing tower or
structure or to adapt an existing tower or structure
for sharing are unreasonable. Costs exceeding new
tower development are presumed to be
unreasonable.
(0 The applicant demonstrates that there are other
limiting factors that render existing towers and
structures unsuitable.
The applicant demonstrates that an alternative
technology that does not require the use of towers
or structures, such as a cable microceH network
using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of
alternative technology that exceed new tower or
antenna development shall not be presumed to
render the technology unsuitable.
(4) Setbacks: The following setback requirements shall apply
to aH towers for which a special use permit is required;
provided, however, that the City Council and/or the City
Planning and Zoning Commission may reduce the standard
setback requirements if the goals of Section 32A would be
better served thereby:
(a) Towers must be set back a distance equal to at least
seventy-five percent (75%) of the height of the
tower ~om any adjoining lot line.
Co) Guys and accessory buildings must satisfy the
minimum zoning district setback requirements.
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(5) Separation: The following separation requirements shah
apply to all towers and antennas for which a special use
permit is required; provided, however, that the City Council
and/or Planning and Zoning Commission may reduce the
standard separation requirements if the goals of Section
32A would be better served thereby.
(a) Separation from off-site uses/designated areas.
(i) Tower separation shall be measured from the
base of the tower to the lot line of the off-
site uses and/or designated areas as specified
in Table 1, except as otherwise provided
therein.
(ii) Separation requirements for towers shah
comply with the minimum standards
established in Table 1.
Table 1:
Off-site Use/Designated Area Separation Distance
Divided highway, divided thoroughfare, or 200 feet or 1000% height oftower
proposed divided thoroughfare as shown on whichever is greater
the Thoroughfare Plan
Single-family or duplex residential units~ 200 feet or 1000% height of tower
whichever is greater
Vacant single-family or duplex residentially 200 feet or 1000% height of tower
zoned land which either is platted or has whichever is greater
preliminary subdivision plan approval which
is not expired
Vacant unplatted residentially zoned lands~ 100 feet or 300% height of tower
whichever is lp'eater
Includes modular homes and mobile homes used for living purposes.
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Table I (Continued)
[Existing multi-family residential units greater ] 100 feet or 300% height of tower
I w ch veris 8reater
Ithan duplex units ]None; only setbacks
[Non-residentially zoned lands or non-
apply
]residential uses
I
~ Includes modular homes and mobile homes used for living purposes.
2 Separation measured from base of tower to closest building setback line.
3 Includes any unplatted residential use properties without a valid preliminary subdivision
plan or valid development plan approval and any multi-family residentially zoned land
greater than duplex.
Co) Separation distances between towers:
(i) Separation distances between towers shall be
applicable for and measured between the
proposed tower and preexisting towers. The
separation distances shall be measured by
drawing or following a straight line between
the base of the existing tower and the
proposed base, pursuant to a site plan, of the
proposed tower. The separation distances
(listed in linear feet) shall be as shown in
Table 2.
Table 2:
Existing Towers - TyPes
Lattice Guyed Monopole 75 Ft Monopole Less
in Height or Than 75 Ft in
Greater Height
Lattice 5000 5000 1,500 750
Guyed 5000 5000 1,500 750
Monopole 75
Ft in Height 1,500 1500 1,500 750
or Greater
Monopole
Less Than 75 750 750 750 750
Ft in Height
(6) Security fencing: Towers shall be enclosed by security fencing
meeting not !ess~ six feet in height and shall also be equipped
with an appropriate anti-climbing device; provided however, that
the City Council and/or the City Planning and Zoning Commission
may waive such requirements, as it deems appropriate.
(?) Landscaping: The following requirements shall govern the
landscaping surrounding towers for which a special use permit is
required; provided, however, th_at the City Council and/or City
Planning and Zoning Commission may waive such requirements if
the goals of Section 32A would be better served thereby.
(a) Tower facih'ties shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower
compound from property used for residences. The
standard buffer shall consist of a landscaped strip at least
four (4) feet wide outside the perimeter of the compound.
Co) In locations where the visual impact of the tower would be
minimal, the landscaping requirement may be reduced or
waived.
(c) Existing mature tree growth and natural land forms on the
site shall be preserved to the maximum extent possible. In
some cases, such as towers sited on large, wooded lots,
natural growth around the property perimeter may be
sufficient buffer.
32A-7 Buildim~s or Other Equipment Storage:
(A) Antennas Mounted on Buildings or Rooftops: The equipment
cabinet or structure used in association with antennas shall comply
with the following:
(1) The cabinet shall be located within the building, on the roof,
or within either a matching addition to the building or
matching separate building, subject to the conditions of
Section 32A-7(AX2) which follows.
(2) The equipment structure may be located on the roof of a
building, provided all rooftop mechanical equipment is
screened behind a parapet wall which matches the building
facade and which is at least as high as the equipment it is to
screen. The equipment structure, if an addition to the
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building or a separate building, shall comply fully with the
zonins requirements of the district within which it is
located.
(3) Equipment storage buildings or cabinets shall comply with
all applicable building codes.
(B) Antennas Mounted on Utility Poles or Light Poles: The equipment
cabinet or structure used in association with antennas shall be
located in accordance with the following:
(1) In residential districts, the equipment cabinet or structure
may be located:
(a) In a front yard provided the cabinet or structure is
no greater than four (4) feet in height above grade
or thirty-five (35) square feet in gross floor area and
the cabinet/structure is located a minimum of ten
(10) feet from all lot lines. The cabinet/structure
shall be screened by an evergreen hedge with an
ultimate height of at least four (4) feet and a planted
height of at least thirty-six (36) inches.
(b) In a rear yard, provided the c, abinet or structure is no
greater than seven (7) feet in height above lp~de or
seventy (70) square feet in gross floor area. The
cabinet/structure shall be screened by an evergreen
hedge with an ultimate height of eight (8) feet and a
planted height of at least thirty-six (36) inches.
(2) In agricultural, commercial or industrial districts the
equipment cabinet or structure shall be no greater than
seven (7) feet in height above grade or seventy (70) square
feet in gross floor area. The structure or cabinet shall be
screened by a solid brick wall eight (8) feet in height or an
evergreen hedge with an ultimate height of eight (8) feet
and a planted height of at least thirty-six 06) inches.
(C) Antennas Located on Towers: The related unmanned equipment
structure shall not contain more than two hundred (200) square feet
of gross floor area or be more than ten (10) feet in height, and shall
be located and constructed in accordance with the minimum yard
and exterior construction requirements of the zoning district in
which located.
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(D) Modification of Building Size Requirements: The requirements of
Sec'dom (C) may be modified by the City
Planning Director in the case of administratively approved uses or
by the City Council and/or the City Planning and Zoning
Commission in the case of uses permitted by special use permit to
encourage collocation.
32A-8 Removal of Abgndoned Antennas, and Towers: Any antenna or tower
that is not operated for a continuous period of twelve (12) months shall be
considered abandoned, and the owner of such antenna or tower shah
remove the same within ninety (90) days of receipt of notice from the City
notifying the owner of such abandonment. Failure to remove an abandoned
antenna or tower within said ninety (90) day shall be grounds to remove
the tower or antenna at the owner's expense. If there are two or more
users of a single tower, then this provision shall not become effective until
all users cease using the tower.
32A=9 N0nconformint Uses:
(A) Not Expansion of Nonconforming U~_~ Towers that are
constructed, and antennas that are installed, in accordance with the
provisions of this ordinance shall not be deemed to constitute the
expansion of a nonconforming use or structure.
(B) Preexisting towers: Preexisting towers shall be allowed to continue
their usage as they pre~ntly exist. Routine maintenmw.~ (including
replacement with a new tower of like construction and height) shah
be permitted on such preexisting towers. New construction other
than routine maintenance on a preexisting tower shall comply with
the requirements of this ordinance.
(C) Rebuilding Damaged or Destroyed Nonconforming Towers or
Antennas: Notwithstanding Section 32A-8, bona fide
nonconforming towers or antennas that are damaged or destroyed
may be rebuilt without having to first obtain administrative approval
or a special use permit and without having to meet the separation
requirements specified in Sections 32A-6(BX4) and 32A-6(BX5).
The type, height, and location of the tower onsite shall be of the
same type and intensity as the original facility approval. Building
permits to rebuild the facility shall comply with the then applicable
building codes and shaH be obtained within 180 days from the date
the facility is damaged or destroyed. If no permit is obtained or if
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said permit expires, the tower or antenna shall be deemed
abandoned as specified in Section 32A-$."
SECTION 2. That all provisions of the Comprehensive Zoo. ins Ordinance of the City of
Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed,
and all other provisions not in conflict with the provisions of this ordinance shall remain in full force
and effect.
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 4. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION S. That any person, finn or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppel], as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 6. That this ordinance shall take effect immediately from and atter its passage and
the publication of its caption, as the law and charter in such cases provide.
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APPROVED:
TOM MORTON, MAYOR
ATTEST:
KATI~.RRN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, Y
(PGS/slp 3/13/97)
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