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Nextel-CS 970220CITY OF COPPR~.L PLANNING DEPARTMF-NT ~ITAFF REPORT CASE: Amendment to Zonin_g Ordinance to add a new Section 32A entitled "Wir Telecommunications Towers and Antem P & Z HEARING DATE: February 20, 1997 (Continued from ,lanmu C.C. HEARING DATE: March 12, 1997 DISCUSSION: Since as early as 1991, the Building Official has req services to obtain a Special Use Permit with the "l constructing a cell site antenna. Currently Sprint Spe~ this ruling before the Board of Adjustment, a situatic occurring if the Zoning Ordinance more clearly and si requirements. The Board staff has recommended that policy (an S.U.P. be required) be upheld. In addition advised that this clarification was pending before ti Council. The planning staff is of the opinion that broadcast should be allowed only by Special Use Permit. q prepared ordinance language which makes it clear th and pager cell sites are not permitted uses in any cate uses which are allowed only by Special Use Permit, located within a non-residential zoning district. The City Attorney has reviewed proposed revisi, Ordinance .an.d has prepared a new secti, telecommumcatmns towers and antennas. Its prow not yet include the criteria suggested by the Comm~ Visual Image of Coppell. RF_.CO~A~ON TO THE PLANNING AND ZONING COMMISS The planning staff recommends approval of the propos the addition of provisions regulating the distance of antenna from residential districts, divided thoroughfares, and proposed divided thoroughfare Thoroughfare Plan. The C.I.V.I.C recommendation v be no less than 10 times the height of the tower or a~ Item # 4 Text eless IriS". y 16) uired mobile phone I" District prior to :trum is challenging a that would not be ~cifically stated the he Building Official the Board was also ~e Commission and towers of all types ~erefore, staff has ~t mobile telephone gory, but rather are md then only when to the Zoning dealing with s~ons, however, do to Improve the ION: ed amendment with ;xposed towers and ~ighways, divided as shown on the fas that this distance itenna installation. 1) ~) ~) ~) ATI'ACHMENTS: 1) Recommend approval of the request Recommend disapproval of the request Recommend modification of the request Take under advisement for reconsideration at a la~er date. Proposed text amendment (Revised) Item # 4 !7, AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, BY ADDING A NEW SECTION 32A ENTITLED "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS"; PROVIDING DEFINITIONS: PROVIDING FOR PERMITTED LOCATIONS PROVIDING CONDITIONS FOR PERMITTED USES ACCESSORY USES, AND SPECIAL USESi PROVIDING FOR PERM]TS AND LEASE AGREEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Coppell, Texas, has received or exp{ requests to site wireless communications towers and antennas within boundaries; and WHEREAS, the City of Coppell, Texas, f'mds that it is in the pu permit the siting of wireless communications towers and antennas within boundaries, and WHEREAS, it is the intent of the City of Coppell to permit the sit communications towers and antennas within the municipal boundaries; an WHEREAS, it is the intent of the City of Coppell to protect an public health, safety and welfare by regulating the siting of wireless c( towers and antennas, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU-I CITY OF COPPELL, TEXAS: Section 1: Purpose. The purpose of this ordinance is to establish gen for the siting of wireless communications towers and antennas. The ordinance are to: (1) protect residential areas and land uses from po impacts of towers and antennas; (2) encourage the location of towers in: areas; (3) minimize the total number of towers throughout the col strongly encourage the joint use of new and existing tower sites as a rather than construction of additional single-use towers; (5) encourage and antennas to locate them, to the extent possible, in areas where the ad' the community is minimal; (6) encourage users of towers and antenm them in a way that minimizes the adverse visual impact of the tower., through careful design, siting, landscape screening, and innovative :cts to receive the municipal blic interest to the municipal lng of wireless d d promote the ,mmunications ~CIL OF THE :ral guidelines goals of this :ential adverse ~on-residential nmunity; (4) ~fimary option tsers of towers erse impact on s to configure and antennas camouflaging SS7176 techniques; (7) enhance the ability of the providers of telecommunicati, provide such services to the community quickly, effectively, and ef consider the public health and safety of communication towers; and (9) damage to adjacent properties from tower failure through engineering am of tower structures. In furtherance of these goals, the City of Coppell consideration to the City of Coppell's master plan, zoning map, existing environmentally sensitive areas in approving sites for the location Section 2: Def'mitions. As used in this ordinance, the following re: the meanings set forth below: (a) "Altemative tower structure" means man-made towers, bell steeples, light poles and similar alternative-de structures that camouflage or conceal the presence of anten (b) "Antenna" means any exterior transmitting or re~ mounted on a tower, building or structure and used in cc that radiate or capture electromagnetic waves, digital s signals, radio frequencies (excluding radar signa telecommunications signals or other communication signal: (c) "Backhaul network" means the lines that connec towers/cell sites to one or more cellular telephone swit and/or long distance providers, or the public switched telep (d) "FAA" means the Federal Aviation Administration. (e) "FCC" means the Federal Communications Commi: (f) "Height" means, when referring to a tower or othex distance measured from the finished grade of the parcel point on the tower or other structure, including the base antenna. (g) "Preexisting towers and preexisting or antenna for which a building permit or properly issued prior to the effective date permitted towers or antennas that have not as such approval is current and not expired. antennas" me~ special use pe of this ordinm yet been const~ (h) "Tower" means any structure that is designed an primarily for the purpose of supporting one or more telephone, radio and similar communication purposes, supporting lattice towers, guyed towers, or monopole to,~ 2 )ns services to ficiently; (8) tvoid potential l careful siting shall give due land uses, and ff towers and ms shall have flees, clock dgn mounting .las or towers. :eiving device mmunications .gnals, analog Is), wireless i. t a provider's :hing offices, aone network. ;ion. ;tincture, the :o the highest pad and any ms any tower mit has been tce, including ucted so long fl constructed antennas for ~cluding self- ,rs. The term includes radio and television transmission towers, micr~ common-carder towers, cellular telephone towers, alt~ stmctures, and the like. The term includes the structure a~ thereto. Section 3: Applicability. (a) New Towers and Antennas. All new towers or a City of Coppell shall be subject to these regulations, exce in Sections 30a) through (d), inclusive. (b) Amateur Radio Station Operators/Receive Only A ordinance shall not govern any tower, or the installation c that is under seventy (70) feet in height and is owned and federally-licensed amateur radio station operator or is us, for receive only antennas. (c) Preexisting Towers or Antennas. Preexistin~ preexisting antennas shall not be required to meet the re this ordinance, other than the requirements of Sections 4(f) (d) AM An'ay. For purposes of implementing this ordi array, consisting of one or more tower units and supp system which functions as one AM broadcasting ante considered one tower. Measurements for setbacks a distances shall be measured from the outer perimeter included in the AM array. Additional tower units may b~ the perimeter of the AM an'ay by right. Section 4. General Requirements. (a) Principal or Accessory Use. Antennas and to considered either principal or accessory uses. A different an existing structure on the same lot shall not preclude the an antenna or tower on such lot. (b) Lot Size. For purposes of determining whether the a tower or antenna complies with district developmer )wave towers, :mative tower td any support atennas in the ~t as provided ~tennas. This f any antenna, operated by a ~d exclusively towers and quirements of and 4(g). nance, an AM orting ground nna, shall be ad separation ~f the towers added within ~,ers may be ~'xisting use of installation of installation of ~t regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensionls of the entire lot shall control, even though the antennas or towers maYlbe located on leased parcels within such lot. / 1 (c) Inventory of Existing Sites. Each applicant for an :tntenna and/or tower shall provide to the Planning DireCtor an inventory of its existing towers, antennas, or sites approved for towers or antennas, within the jurisdiction of the City of Coppell or within o~ border thereof, including specific information about the 1o, and design of each tower. The Planning Director ma information with other applicants applying for administra or special use permits under this ordinance or other organiz to locate antennas within the jurisdiction of the Cit) provided, however that the Planning Director is not, by information, in any way representing or warranting that available or suitable. (d) Aesthetics. requirements: Towers and antennas shall meet (1) Towers shall either maintain a ga finish or, subject to any applicable standards of painted a neutral color so as to reduce visual obtmsi (2) At a tower site, the design of the related structures shall, to the extent possible, colors, textures, screening, and landscaping that w into the natural setting and surrounding buildings. (3) If an antenna is installed on a struc~ tower, the antenna and supporting electrical an equipment must be of a neutral color that is id closely compatible with, the color of the supportin as to make the antenna and related equipmen unobtrusive as possible. (e) Lighting. Towers shall not be artificially lighted, u by the FAA or other applicable authority. If lighting is lighting alternatives and design chosen must cause the lea to the surrounding views. (f) State or Federal Requirements. All towers must rr current standards and regulations of the FAA, the FCC, agency of the state or federal government with the authori towers and antennas. If such standards and regulations are the owners of the towers and antennas governed by this o: bring such towers and antennas into compliance with standards and regulations within six (6) months of the cfi such standards and regulations, unless a different complian mandated by the controlling state or federal agency. Fa towers and antennas into compliance with such revised that are either te mile of the :ation, height, y share such :ive approvals ~tions seeking of Coppell, sharing such such sites are he following vanized steel the FAA, be veness. buildings and tse materials, 11 blend them 'e other than a mechanical ntical to, or g structure so as visually dess required required, the st disturbance eet or exceed md any other ty to regulate :hanged, then :dinance shall such revised ,ctive date of :e schedule is ilure to bring ~tandards and regulations shall constitute grounds for the removal of antenna at the owners expense. (g) Building Codes; Safety Standards. To ensure integrity of towers, the owner of a tower shall ensure that il in compliance with standards contained in applicable building codes and the applicable standards for towers that by the Electronic Industries Association, as amended from If, upon inspection, the City of Coppell concludes that a comply with such codes and standards and constitutes persons or property, then upon notice being provided to th~ tower, the owner shall have thirty (30) days to bring su compliance with such standards. Failure to bring sue compliance within said thirty (30) days shall constitute gl removal of the tower or antenna at the owner's expense. (h) Measurement. For purposes of measurement, towe: separation distances shall be calculated and applied to facili the City of Coppell irrespective of municipal and county boundaries. (i) Not Essential Services. Towers and antennas shal and permitted pursuant to this ordinance and shall not bt permitted as essential services, public utilities, or private ut: (j) Franchises. Owners and/or operators of towers or certify that all franchises required by law for the const: operation of a wireless communication system in the Ci have been obtained and shall file a copy of all required fi the Planning Director. (k) Public Notice. For purposes of this ordinance, ar request, variance request, or appeal of an administratively or special use shall require public notice to all abutting pn and all property owners of properties that are locate corresponding separation distance listed in Section 7(b)(5)(J addition to any notice otherwise required by the Zoning Or( (1) Signs. No signs shall be allowed on an antenna or t~ (m) Buildings and Support Equipment. Buildings equipment associated with antennas or towers shall con requirements of Section 8. the tower or the structural is maintained ~tate or local are published time to time. tower fails to a danger to ; owner of the :h tower into .h tower into 'ounds for the : setbacks and ties located in jurisdictional be regulated regulated or [ities. mtennas shall uction and/or .y of Coppell anchises with .y special use approved use ~perty owners :l within the i), Table 2, in finance. )wer. and support tply with the (n) Multiple Antenna/Tower Plan. The City of Copt the users of towers and antennas to submit a single ~ approval of multiple towers and/or antenna sites. approval of multiple sites shall be given priority in the revl Section 5. Permitted Uses. (a) General. The uses listed in this Section are permitted uses and shall not require administrative appro~ use permit. (b) Permitted Uses. The following uses are specificall' (1) Antennas or towers located on pa leased, or otherwise controlled by the City of Copl license or lease authorizing such antenna or approved by the City of Coppell. Section 6. Administratively Approved Uses. (a) General. The following provisions shall govern administrative approvals for towers and antennas. (1) The Planning Director may approve the uses listed in this Section. (2) Each applicant for administrative apply to the Planning Director providing the infom in Sections 7(b)(1) and 7Co)(3) of this ordi nonrefundable fee as established by resolution ,ell encourages ~pplication for )plications for ew process. :leemed to be ,al or a special permitted: perty owned, >ell provided a tcwer has been he issuance of lministratively approval shall ration set forth nance and a of the City Council of the City of Coppell to reimburse the for the costs of reviewing the application. (3) The Planning Director shall review~ for administrative approval and determine if the complies with Sections 4, 7(b)(4) and 7(b)(5) of thi (4) The Planning Director shall respon, application within sixty (60) days after receivin approving or denying the application. If the Pla~ fails to respond to the applicant within said sixty the application shall be deemed to be approved. C:ity of Coppel[ ~ae application proposed use ordinance. to each such it by either ming Director 60) days, then (5) In connection with any such approval, the Planning Director may, in order shared use, administratively waive any zoning d requirements in Section 7(b)(4) or separation dist~ towers in Section 7(b)(5) by up to fifty percent (50°, (6) In connection with any such approval, the Planning Director may, in order to use of monopoles, administratively allow the recon: existing tower to monopole construction. (7) If an administrative approval is applicant shall file aa application for a speci~ pursuant to Section 7 prior to filing any appeal available under the Zoning Ordinance. (b) List of Administratively Approved Uses. The may be approved by the Planning Director after administrative review: (1) Locating antennas on existing stmc~ consistent with the terms of subsections (a) and (b) (a) Antennas on existi~ Any antenna which is not attached to a approved by the Planning Director as an ac any commercial, industrial, professional, in multi-family structure of eight or more d' provided: (i) The not extend more than thirty (30) highest point of the structure; complies with regulations; and (ii) The all applicable FC, (iii) The complies with all applicable building (b) Antennas on existing antenna which is attached to an existing approved by the Planning Director and adverse visual impacts associated with the administrative to encourage istrict setback tnces between ~). administrative ,ncourage the ~tmction of an denied, the use permit that may be f~)llowing uses c ~nducting an ires or towers ~elow. .g structures. ~wer may be essory use to stitutional, or ~elling units, , ntenna does t~:et above the antenna 2 and FAA antenna codes. towers. An ~wer may be to minimize )roliferation and clustering of towers, collocation of ant, than one carrier on existing towers shall ta over the construction of new towers, collocation is accomplished in a manner the following: (i) A to~ modified or reconstructed to acc{ collocation of an additional antenna same tower type as the existing toy Planning Director allows reconsl monopole. (ii) Heighl existing tower may be modi to a taller height, not to exc~ feet over the tower's existi accommodate the colloc, additional antenna. height change referred to (iii)(a) may only occur communication tower. additional height referred tc (iii)(a) shall not require distance separation as set fo 7. The tower's premodifi shall be used to calculate separations. (iii) Onsite tower which is being accommodate the colloca additional antenna may be within fifty (50) feet of location. 8 ~nnas by more ke precedence ~rovided such onsistent with ~er which is ,mmodate the shall be of the rer, unless the ruction as a (a) An ~ied or rebuilt :ed thirty (30) ng height, to tion of an (b) The in subsection ne time per (c) The in subsection m additional :th in Section cation height tach distance location (a) A rebuilt to tion of an moved onsite its existing Section 7. the tower is rebuilt to collocation, only one tower r~ the site. relocated onsite tower shall measured from the original for purposes of calculatir distances between towers section 7(b)(5). The relocati hereunder shall in no way cause a violation of Section onsite relocation of a tower within the separation ~ residential units or reside~ lands as established in Sectio~ only be permitted when apl: Planning Director. (2) Installing a cable microcell netwofl use of multiple low-powered transmitters/receiver existing wireline systems, such as conventior telephone wires, or similar technology that does nc use of towers. Special Use Permits in LI and Heavy Districts. (a) General. The following provisions shall govern th special use permits for towers or antennas by the Planning 12 (1) If the tower or antenna is not a permil Section 5 of this ordinance or permitted to administratively pursuant to Section 6 of this ordi~ special use permit shall be required for the cons tower or the placement of an antenna in LI or He~ District, as defined in the Comprehensive Zoning Or (2) Applications for special use permil Section shall be subject to the procedures and rec. Section 30 of the Zoning Ordinance, except as mo Section. Co) After accommodate my remain on (c) A ~onfinu¢ to be ower location g separation pursuant to on of a tower De deemed to ~)(5). (d) The which comes listanees to tfially zoned t 7(b)(5) shall roved by the through the attached to d cable or require the issuance of '.omission: ted use under be approved lance, then a traction of a .vy Industrial :linance. s under this uirements of dified in this (b) (3) In granting a special use permit, Commission may impose conditions to the exten Commission concludes such conditions are minimize any adverse effect of the proposed towe properties. (4) Any information of an engineering: applicant submits, whether civil, mechanical, or e be certified by a licensed professional engineer. (5) An applicant for a special use perm the information described in this Section and a ~ fee as established by resolution of the City Council Coppell to reimburse the City of Coppell for reviewing the application. Towers. (1) Information required. In addi~ information required for applications for special pursuant to Section 30 of the Zoning Ordinance, a special use permit for a tower shall submit information: (i) A sc, clearly indicating the location, type the proposed tower, on-site land use adjacent land uses and zoning (ira adjacent to other municipalities), classification of the site and all prol the applicable separation distances Section 7(b)(5), adjacent roadwa, means of access, setbacks from pl elevation drawings of the proposed t, other structures, topography, parkir information deemed by the Planning necessary to assess compliance ordinance. (ii) Legal I the parent tract and leased parcel (if, 10 the Planning the Planning necessary to on adjoining ature that the lectrical, shall shall submit m-refundable of the City of the costs of :ion to any use permits ,plicants for a he following ed site plan and height of and zoning, .uding when Master Plan )erties within set forth in ~s, proposed 'operty lines, )wer and any g, and other )irector to be with this .escription of >plicable). (iii) The s~ between the proposed tower an residential unit, platted reside properties, and unplatted reside properties. (iv) The distance from other towers des~ inventory of existing sites submitt, Section 4(c) shall be shown on a~ plan or map. The applicant shall al type of construction of the existin the owner/operator of the existir known. (v) A la showing specific landscape material: (vi) Methc and finished color and, if applicab] of camouflage and illumination. (vii) A dl compliance with Sections 4(c), (d), (1), and (m), 7(b)(4), 7(b)(5) and federal, state or local laws. (viii) A statement by the applicant as construction of the tower will collocation of additional antennas fo (ix) Identif entities providing the backhaul ne tower(s) described in the applicati cellular sites owned or operated by tl the City of Coppell. (x) A desc suitability of the use of existing structures or alternative technology the use of towers or structures t; services to be provided through ti proposed new tower. 11 ;tback distance the nearest atially zoned ntially zoned separation :ribed in the ,'d pursuant to updated site Do identify the tower(s) and tower(s), if adscape plan I. d of fencing, e, the method ~scription of e), (f), (g), O), all applicable notarized to whether accommodate : future users. ication of the ~work for the on and other ~e applicant in :ription of the towers, other not requiring provide the e use of the (xi) A des feasible location(s) of future towe: within the City of Coppell based physical, engineering, techn geographical limitations in the even tower is erected. (2) Factors Considered in Granting Permits for Towers. In addition to any consideration of special use permit application: Section 30 of the Zoning Ordinance, the Planninl shall consider the following factors in determini~ issue a special use permit, although the Plannin~ may waive or reduce the burden on the applicant ¢ of these criteria if the Planning Commission cone goals of this ordinance are better served thereby: (i) Height proposed tower; (ii) Proxin tower to residential structures m district boundaries; (iii) Nature adjacent and nearby properties; (iv) Surrou topography; (v) Surrot~ coverage and foliage; (vi) Design with particular reference to design { that have the effect of reducing c visual obtrusiveness; (vii) Propos~ and egress; and 12 :ription of the :s or antennas upon existing >logical or. the proposed Special Use standards for pursuant to Commission ~g whether to :Commission f one or more ludes that the' of the ~ity of the td residential of uses on ~ding ading tree. of the tower, :haracteristics eliminating :1 ingress (viii) Availa suitable existing towers, other alternative technologies not requiri towers or structures, as discusse 7(b)(3) of this ordinance. (3) Availability of Suitable Existing Structures, or Alternative Technology. No new permitted unless the applicant demonstrates to satisfaction of the Planning Commission that no structure or alternative technology that does not re¢ towers or structures can accommodate the applica~ antenna. An applicant shall submit information rec Planning Commission related to the availabilit existing towers, other structures or alternative Evidence submitted to demonstrate that no e~ structure or alternative technology can accm applicant's proposed antenna may consist of any of t (i) No ex or structures are located within ~ area which meet applicant's requirements. bility of ~tructures, or ag the use of :1 in Section 'owers, Other awer shall be he reasonable xisting tower, fire the use of t's a proposed uested by the of suitable technology. sting tower, amodate the he following: [sting towers e geographic engineering (ii) Existinl~ towers or are not of sufficient height to meet applicant'sStructures engineering requirements./ · (iii) Existinl structures do not have sufficient struc to support applicant's proposed related equipment. (iv) The proposed antenna would cause ek interference with the antenna on towers or structures, or the antenna towers or structures would cause inte the applicant's proposed antenna. (v) The contractual provisions required by order to share an existing tower or adapt an existing tower or structure 13 ; towers or rural strength antenna and applicant's ctromagnetic the existing ~ the existing rference with ;s, costs, or he owner in xucture or to ~r sharing are unreasonable. Costs exceeding development are presumed to be unre (vi) The demonstrates that there are other lit that render existing towers an unsuitable. (vii) The demonstrates that an alternative tee does not require the use of towers such as a cable microcell network u low-powered transmitters/receivers ~ wireline system, is unsuitable. Costs technology that exceed new towe~ development shall not be presumed technology unsuitable. (4) Setbacks. The following setback shall apply to all towers for which a special u required; provided, however, that the Planning Con reduce the standard setback requirements if the ordinance would be better served thereby: (i) Towers must be set ba equal to at least seventy-five percent (75%) of the tower from any adjoining lot line. (ii) Guys and accessory bi satisfy the minimum zoning district setback (5) Separation. The following requirements shall apply to all towers and antenna., special use permit is required; provided, howe, Planning Commission may reduce the standan requirements if the goals of this ordinance would be thereby. (i) Separation from uses/designated areas. (a) Tower shall be measured from the base of the lot line of the off-site uses and/or desi 14 new tower asonable. applicant aiting factors d structures applicant hnology that Dr structures, sing multiple tttached to a of alternative or antenna :o render the requirements se permit is mission may oals of this k a distance of the height tildings must :quirements. separation for which a er, that the I separation better served off-site separation tower to the · gnated areas as specified in Table 1, provided in Table 1. Co) except as Separa 5on requirements for towers shall con minimum standards established in T~ Table 1: Off-site Use/Designated Area Separation Distance Single-family or duplex residential units' Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired Vacant unplatted residentially zoned lands3 Existing multi-family residential units greater than duplex units Non-residentially zoned lands or non- residential uses 200 feet or 300% height greater 200 feet or 300% height greater 100 feet or 100% height greater 100 feet or 100% height greater None; only setbacks app?. ~Includes modular homes and mobile homes used for living purposes. 2Separation measured from base of tower to closest building setback line. 3Includes any unplatted residential use properties without a valid subdivision plan or valid development plan approval and any multi-famil' otherwise tower whichever is ~f tower2 whichever is tower whichever is ,ftower whichever is preliminary residentially zoned land greater than duplex. towers. (ii) Separation distanc (a) Separat between towers shall be applica measured between the proposed between ion distances fie for and tower and preexisting towers. The separation d be measured by drawing or followi line between the base of the existing proposed base, pursuant to a site proposed tower. The separation dis in linear feet) shall be as shown in Ta 15 [stances shall ag a straight ower and the )lan, of the' races (listed fie 2. fly with the Die 1. Table 2: Existing Towers - Ty ~es 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 Ft in Height 750 (6) Security fencing. Towers shall be security fencing meeting not less than six feet in he also be equipped with an appropriate anti-cl~ provided however, that the Planning Commissio~ such requirements, as it deems appropriate. (7) Landscaping. The following reqml govern the landscaping surrounding towers for wl~ use permit is required; provided, however, that Commission may waive such requirements if the ordinance would be better served thereby. (i) Tower facilities shall with a buffer of plant materials that effective view of the tower compound from prop{ residences. The standard buffer shall landscaped strip at least four (4) feet widl perimeter of the compound. (ii) In locations where impact of the tower would be minimal, the requirement may be reduced or waived. 16 enclosed by. [ght and shall bing device; may waive ements shall ich a special the Planning goals of this ,e landscaped y screens the xty used for :onsist of a outside the the visual landscaping INSERT PROVIDING SUGGESTED STANDARDS FOR SEC Section 8. Buildings or Other F~_uipment Storage (a) Antennas Mounted on Buildln~ or Rooftops. cabinet or structure used in association with antennas sl~ the following: (1) The cabinet shall be located ~ on the roof, or within either a matching building or matching separate building, conditions of Section 8(a)(2) which follows. (2) The equipment structure may b roof of a building, provided all rooftop mechm is screened behind a parapet wall which mat. ct facade and which is at least as hi~ as the eql screen. The equipment structure, if an additiom or a separate building, shah comply fully ~ requirements of the district within which it is (3) Equipment storage buildings o] comply with all applicable building codes. (b) Antennas Mounted on Utility. Poles or Light Poles. cabinet or structure used in association with antennas shl accordance with the following: (1) In residential districts, the equipt structure may be located: (i) In a front yard prov or structure is no greater than 4 feet in hei or 35 square feet in gross floor cabinet/structure is located a minimum of lot lines. The cabinet/structure shall be evergreen hedge with an ultimate height of feet and a planted height of at least 36 inc ,'rION 8 The equipment all comply with n the building, ~ddition to the ubject to the located on the ~ical equipment .es the building dpment it is to to the buildin~ ith thc zoning ~cated. cabinets shall The equipment RI be located in ~ent cabinet or ided the cabinet iht above grade Rea and the .0 feet from all screened by an at least four (4) ties. (ii) In a rear yard, proV,.ded the cabinet or structure is no greater than 7 feet in height above grade or 70 square feet in gross floor area. The qabinet/structure shall be screened by an evergreen hedge ~tith an ultimate height of eight (8) feet and a planted height of at least 36 inches. 17 (2) In a~ricultural, commercial or inc[ustrlal districts the equipment cabinet or structure shall be no ire ater than 7 feet in height above grade or 70 square feet in gross ~.o~.r area. The structure or cabinet shall be screened by a solid b/'ick wall 8 feet in height or an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least 36 inches.[ (c) Antennas Lir~ted on Towers. The related unmanned equipment structure shall not contain more than 200 square feet of ~ross floor area or be more than 10 feet in height, and shall be locate a/id constructed in accordance with the minimum yard and exterio~ construction requirements of the zoning district in which located. (d) Modification of Buildinl Size Requirements, The: Sections 8(a) through (c) may t~e modifl~ by the Planning case of administratively approved uses or by the Planning the case of uses permitted by special use permit to encotm 18 ~quirements of Director in the Commission in ~e collocation. (iii) Existing mature tre~ natural land forms on the site shall be pr~ maximum extent possible. In some eases,: sited on large, wooded lots, natural grow property perimeter may be sufficient buffer. Section 8. Buildings or Other Equipment Storage. (a) Antennas Mounted on Structures or Rooftops. cabinet or structure used in association with antennas shal the following: (1) The cabinet or structure shall not than __ square feet of gross floor area or be more in height. In addition, for buildings and structures than sixty-five (65) feet in height, the relat~ equipment structure, if over __ square feet of gros __ feet in height, shall be located on the ground a~ located on the roof of the structure. (2) If the equipment structure is located a building, the area of the equipment structu equipment and structures shall not occupy more the of the roof area. (3) Equipment storage buildings or comply with all applicable building codes. (b) Antennas Mounted on Utility Poles or Light equipment cabinet or structure used in association with ant located in accordance with the following: (1) In residential districts, the equipm~ structure may be located: (i) In a front or side yarc cabinet or structure is no greater than ~ ~ growth and :served to the ~uch as towers th around the he equipment comply with :ontain more than feet which are less ;d manned s floor area or td shall not be ~n the roof of and other n percent :abinets shall Poles. The :nnas shall be ,nt cabinet or provided the feet in height or square feet of gross floor ~rea and the cabinet/structure is located a minimum of I feet from all lot lines. The cabinet/structure shall be s~reened by an evergreen hedge with an ultimate height oflat least 4248 inches and a planted height of at least 36 inc (ii) In a rear yard, provid or structure is no greater than ~ feet in 17 .'les. .'d the cabinet height or square feet in gross floor area. The cabinet/: be screened by an evergreen hedge with height of eight (8) feet and a planted height inches. (2) In commercial or industrial districts cabinet or structure shall be no greater than ~ or ~ square feet in gross floor area. The structa shall be screened by an evergreen hedge with an ul of eight (8) feet and a planted height of at least 36 other instances, structures or cabinets shall be scree~ of all residential properties which abut or are direc street from the structure or cabinet by a solid fence height or an evergreen hedge with an ultimate heigt feet and a planted height of at least 36 inches. (c) Antennas Located on Towers. The related unmann, structure shall not contain more than ~ square feet of gr~ or be more than feet in height, and shall be located with the minimum yard requirements of the zoning dist located. (d) Modification of Building Size Requirements. The of Sections 8(a) through (c) may be modified by the Plannit the case of administratively approved uses or by Commission in the case of uses permitted by special use collocation. Section 9. Removal of Abandoned Antennas and Towers· Any ante that is not operated for a continuous period of twelve (12) months shall abandoned, and the owner of such antenna or tower shall remove the same (90) days of receipt of notice from the City of Coppell notifying the o' abandonment. Failure to remove an abandoned antenna or tower within sai day shall be grounds to remove the tower or antenna at the owner's expense two or more users of a single tower, then this provision shall not become all users cease using the tower. Section 10. Nonconforming Uses. (a) Not Expansion of Nonconforming Use. Toy constructed, and antennas that are installed, in accordm provisions of this ordinance shall not be deemed to c expansion of a nonconforming use or structure. 18 ;tincture shall an ultimate of at least 36 he equipment feet in height ire or cabinet timate height nches. In all ed from view :ly across the feet in .t of eight (8) ~d equipment )ss floor area n accordance itt in which requirements .g Director in he Planning to encourage ma or tower ,e considered ~vithin ninety amer of such d ninety (90) · Ifthere are ffective until ~rs that are tce with the. ~nstitute the (b) Preexisting towers. Preexisting towers shall b continue their usage as they presently exist. Routine (including replacement with a new tower of like constmcti~ shall be permitted on such preexisting towers. New con~ than routine maintenance on a preexisting tower shall co requirements of this ordinance. (c) Rebuilding Damaged or Destroyed NonconformiT Antennas. Notwithstanding Section 9, bona fide nonconfc or antennas that are damaged or destroyed may be rebuilt x~ to first obtain administrative approval or a special use perm having to meet the separation requirements specified in Se and 7(b)(5). The type, height, and location of the tower ons the same type and intensity as the original facility apprm permits to rebuild the facility shall comply with the th, building codes and shall be obtained within 180 days fron facility is damaged or destroyed. If no permit is obtain permit expires, the tower or antenna shall be deemed specified in Section 9. Section 11. Repealer. That all ordinances of the City of Coppell in co provisions of this ordinance be, and the same are hereby, repealed, ordinances of the City of Coppell not in conflict with the provisions of shall remain in full force and effect, and said Ordinance heretofore adopte in full force and effect, except as amended herein. Section 12. Severabili _ty. That should any sentence, paragraph, subdiv phrase or section of this ordinance be adjudged or held to be unconstituti( invalid, the same shall not affect the validity of this ordinance as a whole, provision thereof other than the part so decided to be invalid, illegal or unc and shall not affect the validity of the Comprehensive Zoning Ordinance as Section 13. Penalty. That any person, firm or corporation violatin provisions or terms of this ordinance shall be subject to the same penalty a in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofi and upon conviction shall be punished by a fine not to exceed the sum of q ($200.00) Dollars for each offense; and each and every day such violation s shall be deemed to constitute a separate offense. Section 14. Effective Date. This Ordinance shall take effect immediat, after its passage and the publication of the caption, as the law and charter provide. DULY PASSED by the City Council of the City of Coppell, Te __ day of ., 1997. 19 allowed to maintenance a and height) truction other nply with the ,g Towers or rming towers ithout having .t and without :tions 7(b)(4) itc shall be of 'al. Building ,~n applicable t the date the ed or if said bandoned as flict with the md all other tis ordinance shall remain ision, clause, ~al, illegal or any part or anstitutional, whole. :any of the provided for >re amended, 'wo Hundred hall continue fly from and in such case xas, this the APPROVED: TOM MORTON, MAYOR ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (REH]slp 02/12/97) 20