§ 12.2. Regulations for placement of cellular phone antennas.

(a)

Authority and purpose. This ordinance is adopted for the purpose of regulating the placement of new cellular phone or transmission signal towers or antenna in the City of Eagle Pass. This ordinance is enacted in accordance with the home rule powers of the city, granted under the Texas Constitution and the statues of the state, including but not by way of limitation, Article 974a. It is hereby declared by the City Council of the City of Eagle Pass that the regulation of cell phone towers and antenna is necessary for the protection of public health and safety.

(b)

Requirements.

(1)

General. The following provisions shall govern the issuance of special use permits for towers or antennas by the city council:

i.

A special use permit shall be required for the construction of a tower or the placement of an antenna for cellular phone service in the City of Eagle Pass.

ii.

Applications for special use permits under this section shall be subject to the procedures and requirements of this section.

iii.

In granting a special use permit, the city council may impose conditions to the extent the planning director concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

iv.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer licensed to do business in the State of Texas.

v.

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 of Eagle Pass for the costs of reviewing the application.

(2)

Towers.

i.

Information required. Applicants for a special use permit for a tower shall submit the following information:

• 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, 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 planning director to be necessary to assess compliance with this ordinance.

• Legal description of the parent tract and leased parcel.

• The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

• The separation distance from other area cellular towers.

• A landscape plan showing specific landscape materials.

• Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

• A description of compliance with all applicable federal, state or local laws.

• A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

• Identification of other cellular sites owned or operated by the applicant in the City of Eagle Pass.

ii.

Factors considered in granting special use permits for towers. In addition to any standards for consideration of special use permit applications pursuant to this section, the city council shall consider the following factors in determining whether to issue a special use permit, although the city council may waive or reduce the burden on the applicant of one (1) or more of these criteria if the planning director or city council concludes that the goals of this chapter are better served thereby:

• Height of the proposed tower;

• Proximity of the tower to residential structures and residential district boundaries;

• Nature of uses on adjacent and nearby properties;

• Surrounding topography;

• Surrounding tree coverage and foliage;

• Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

• Proposed ingress and egress; and

• Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in this ordinance.

iii.

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 planning director or city council, that there is no existing tower, structure or alternative technology that does not require the use of towers or structures, that can accommodate the applicant's proposed antenna or tower. An applicant shall submit information requested by the planning director or city council 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:

• No existing towers or structures are located within the geographic areas which meet applicant's engineering requirements.

• Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

• Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

• 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.

• 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.

• 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 microcell 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.

iv.

Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the city council, after considering the recommendation of the planning director, may reduce the standard setback requirements if the goals of this chapter would be better served thereby:

• Towers must be set back a distance equal to at least seventy-five (75) percent of the height of the tower from any adjoining lot line.

• Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

v.

Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the city council, after considering the recommendations of the planning director, may reduce the standard separation requirements if the goals of this ordinance would be better served thereby.

• Separation from off-site uses/designated areas. 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 in Table 1.

• Separation requirements for towers shall comply with the minimum standards established in Table 1.

Table 1
Off-site Use/Designated Area	Separation Distance
Single-family or duplex residential units	200 feet or 300% height of tower whichever is greater
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	200 feet or 300% height of tower whichever is greater
Vacant unplatted residentially zoned lands	100 feet or 100% height of tower whichever is greater
Existing multi-family residential units greater than duplex units	100 feet or 100% height of tower whichever is greater
Non-residentially zoned lands or non-residential uses	None; only setbacks apply

 

  Includes modular homes and mobile homes used for living purposes.

  Separation measured from base of tower to closest building setback line.

  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.

• Separation distances between towers. 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 Feet in Height or Greater	Monopole Less Than 75 Feet in Height
Lattice	5,000	5,000	1,500	750
Guyed	5,000	5,000	1,500	750
Monopole 75 feet in height or greater	1,500	1,500	1,500	750
Monopole less than 75 feet in height	750	750	750	750

 

vi.

Security fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the city council, after considering the recommendations of the planning director, may waive such requirements, as it deems appropriate.

vii.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the city council, after considering the recommendation of the planning director, may waive such requirements if the goals of this chapter would be better served by such waiver.

• Tower facilities 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.

• In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

• Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, natural growth around the property perimeter, if adequately preserved, may be sufficient buffer.

(Ord. No. 06-13, § 2, 7-11-2006)