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Home My WebLink AboutORD 1993-014 �,� ORDINANCE NO. 93-14 � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 7 BUILDINGS . AND CONSTRUCTION BY THE ADDITION OF ARTICLE XII RADIO AND TELEVISION ANTENNAS; PROVIDING FOR DEFINITIONS; PROVIDING FOR SPECIFICATIONS; PROVIDING FOR SETBACKS PROVIDING FOR SPECIAL EXCEPTIONS; PROVIDING FOR SPECIFICATIONS FOR SATELLITE RECEIVE-ONLY ANTENNAS; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS (5500.00) AND THAT EACH DAY IN VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: ++� Section 1 . That Chapter 7 Buiidings and Construction of the Grapevine Code of Ordinances is hereby amended by the addition of Article XII Radio and Television Antennas so that said article shall hereafter read as follows: "ARTICLE XII RADIO AND TELEVISION ANTENNAS DIVISION 1. ANTENNAS, MASTS AND TOWERS Sec. 7-230. Definitions. For the purpose of this Article, certain terms are defined as follows: Antenna - An arrangement of wires, rods, poles, etc. used in transmitting and receiving signal energy. Tower - The structure upon which antennas and masts are placed. Mast - The center of an antenna tower upon which antennas are fastened. � Satellite receive-only antenna - An antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such ir� antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna or parabolic antenna. �.� Communication equipment-The antenna,tower and mast, or any combination thereof used to transmit and/or receive signal energy. ;�,, Sec. 7-231. Specifications for Radio Equipment. (a) Communication equipment shall be allowed in any residential zoning district if it complies with the following regulations: 1 . Only one tower per lot of record. 2. A tower or a telescoping tower extended to it's fullest height, exclusive of the height of any antenna or mast, shall not exceed the height limitation of sixty-five (65) feet. 3. The height of a mast or antenna, including the height of any tower or telescoping tower extended to it's fullest height to which they may be fastened or attached shall not exceed the maximum height of seventy (70) feet. 4. A mast or antenna not fastened to a tower shall not exceed the height limitation for accessory buildings or structures in the zoning district it is to be located, except for a mast or antenna which does not extend more "�'� than eight (8) feet above a building on which it is mounted. '� 5. A mast or tower shall be limited to having the number and size of antennas attached to it that are allowed by the tower manufacturer's designs and specifications for maximum wind load requirements. Sec. 7-232. Setbacks. la) Front Yard. Antennas, masts, and towers shall not be permitted in front or side yards. Guy wires are not permitted in front yards. (b) Side and Rear Yard. Guy wires are permitted in required side and rear yards_ (c► Separation. There shall be no minimum or maximum separation requirements for masts or towers from other structures on the same lot of record. (d) Easements. Towers and masts shall not be permitted in any easement. (e) Encroachments. No part of an antenna, tower, mast or attachment thereto may extend beyond the property lines of the owner of such antenna, tower or ,�„ mast. � Sec. 7-233. Lights. 2 �,�, No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission. � Sec. 7-234. Constructions standards and permits required. (a) A building permit shall be obtained from the Building Inspection Division prior to the construction and/or installation of a tower, antenna or mast. Towers shall be installed according to the manufacturer's recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such towers, antennas or masts must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the Grapevine Building Code. (b) No permit shall be issued for the installation of an antenna, tower or mast on multi-family structure or property, or a structure or property not owned by the applicant unless a notarized statement of permission from the owner is presented to the Building Inspection Division. (c) If the antenna tower or mast is capable of transmitting, a copy of the Federal Communications Commission licensels) shall be provided prior to the issuance "��M� of a building permit. '� Sec. 7-235. Maintenance. Antennas, masts or towers, obviously not in use or obviously in need of maintenance as determined by the Building Official, shall be removed or brought into compliance within thirty (30) days following notice by the Building Official. This shall not preclude immediate action by the Building Official to safeguard life, limb, health, property, and public welfare. Sec. 7-236. Special Exceptions. A Special Exception may be granted by the Board of Zoning Adjustments for any tower or antenna which does not or can not comply with this Article specified hereinabove. The Board of Zoning Adjustments may grant a Special Exception to the maximum height allowed by the Grapevine Comprehensive Zoning Ordinance No. 82-73 for the zoning district in which the Special Exception is requested. In considering whether to grant a Special Exception from this Article, the Board of Zoning Adjustments shall consider the following: ,� 1 . The effect on the value of the surrounding property; � 2. The potential for interference with the enjoyment of the use of surrounding properties; 3 �.. 3. Aesthetics; 4. The necessity of the Special Exception for the public health, safety and �,a� welfare of the citizens or for governmental purposes; 5. The zoning district and the adjoining zoning districts of the property for which the Special Exception is sought; and, 6. The directive of Federal Communications Commission PRB-1 to reasonably accommodate amateur communications and to minimally regulate such amateur communications to accomplish zoning goals. Sec. 7-237. Effective date. All communication towers, antennas and masts, upon which construction began before May 1 , 1993, shall be permitted to continue to exist as nonconforming structures or nonconforming uses of structures. All such communication towers, antennas and masts shall be subject to the restrictions that apply to all nonconforming structures and nonconforming uses of structures under the Grapevine Comprehensive Zoning Ordinance No. 82-73. All radio towers, antennas and masts that do not comply with safety standards for such structures must be brought into compliance with such safety standards within thirty (30) days of receipt of notice from the "�� Building Official. All communication towers, antennas and masts upon construction began or after May 1, 1993, shall conform to the requirements of this Article. 7-238 and 7-239. Reserved. DIVISION 2. SATELLITE RECEIVE-ONLY ANTENNAS Sec. 7-240. Purpose. Satellite receive-only antennas assist individuals in the receipt of satellite transmitted television signals. Satellite receive-only antennas shall not be deemed violations of this Article when made under the provisions herein provided. Such provisions are hereby found to be reasonable and clearly defined health, safety and aesthetic objectives. Sec. 7-241. Specifications for Satellite receive-only antennas. (a) Satellite receive-only antennas shall be allowed in any residential zoning district if it complies with the following regulations: ,�. 1 . Only one satellite receive-only antenna per lot of record. 2. A satellite receive-only antenna shall not exceed the height requirements � of the Grapevine Comprehensive Zoning Ordinance No. 82-73 residential zoning district in which it is to be located. 4 �.,� Sec. 7-242. Setbacks. (a) Satellite receive-only antennas shall conform to the requirements of the ,�s,, Grapevine Comprehensive Zoning Ordinance No. 82-73 requirements governing accessory buildings. (b) No part of a satellite receive-only antenna may extend beyond the easements or property lines. (c) There shall be no minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record. Sec. 7-243. Lights. No auxiliary or outdoor lighting shall be allowed on satellite receive-only antennas except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission. Sec. 7-244. Construction standards and permits required. (a) A building permit shall be obtained prior to construction and/or installation of a satellite receive-onlyantenna. Satellite receive-onlyantennas shall be installed '� � as per the manufacturer's recommendations or under the seal of a registered professional engineer of the State of Texas. (b) No permit shall be issued for the installation of a satellite receive-only antenna on a multi-family structure or property, or a structure or property not owned by the applicant unless a notarized statement of permission from the owner is presented to the Building Inspection Division. (c) All satellite receive-only antennas shall be screened from view from adjoining properties by fencing or evergreen plants. A satellite receive-only antenna located within a fence surrounding the yard in which the satellite receive-only antenna is located shall be considered to be screened. Sec. 7-245. Maintenance. Satellite receive-only antennas obviously not in use or obviously in need of maintenance as determined by the Building Official, shall be removed or brought into compliance within thirty (30) days following notice given by the Building Official. This shall not preclude immediate action by the Building Official to safeguard life, limb, health, property and public welfare. � Sec. 7-246. Special Exceptions. � A Special Exception may be granted by the Board of Zoning Adjustments for any satellite receive-only antenna which does not or can not comply with this Article 5 �� specified hereinabove. In considering whether to grant a Special Exception from this Article, the Board of Zoning Adjustments shall consider the following: ,,�,,, 1 . The effect on the value of the surrounding property; 2. The potential for interference with the enjoyment of the use of surrounding properties; 3. Aesthetics; 4. The necessity of the Special Exception for the public health, safety and welfare of the citizens or for governmental purposes; 5. The zoning district and the adjoining zoning districts of the property for which the Special Exception is sought; and, 6. The provisions of 47 C.F.R. Subsection 25.104 which preempt local zoning or other regulations that differentiate between satellite receive- only antennas and other types of antenna facilities unless such regulations: a. Have a reasonable and clearly defined health, safety or aesthetic ""��` objective; and, '�►Y b. Do not operate to impose unreasonable limitations on, or prevent reception of satellite receive-only antennas or to impose costs on the users or such antennas that are excessive in light of the purchase and installation of the equipment. 7. The unique conditions that govern reasonable reception on any given lot. Sec. 7-247. Effective date. All satellite receive-only antennas upon which construction began before May 1, 1993, shall be permitted to continue to exist as nonconforming structures or nonconforming uses of structures. All such satellite receive-only antennas shall be subject to the restrictions that apply to all nonconforming structures and nonconforming uses of structures under the Grapevine Comprehensive Zoning Ordinance No. 82-73. All satellite receive-only antenna that do not comply with safety standards for such structures shall be brought into compliance with such safety standards within thirty (30) days of receipt of notice from the Building Official. All satellite receive-only antennas upon construction began on or after May 1, 1993, shall ,,.�,, conform to the requirements of this Article. Sec. 7-248 and 7-249. Reserved. �wrr Section 2. Any person violating any of the provisions of this ordinance shall be 6 Sec. 7-248 and 7-249. Reserved. Section 2. Any person violating any of the provisions of this ordinance shall be �.,,,,<u deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Five Hundred Dollars (5500.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 3. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this Ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the zOth day of April , 1993. APPROVED: , � William D. Tate ,�.,,� Mayor ATTEST: inda uff City ecretary APPROVED AS TO FORM: ��_�n �� John F. Boyle, Jr. p City Attorney �� 7