HomeMy WebLinkAboutO-1998-1501-AA
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ORDINANCE NO. 1501- AA
AN ORDINANCE AMENDING CHAPTER 106, OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE, BY ADDING NEW ARTICLE VIII, TELECOMMUNICATION
TOWERS AND FACILITIES, SECTIONS 106-890 THROUGH 1 06-907 REGULATING
THE PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TOWERS,
ANTENNA, SUPPORT STRUCTURES, AND TELECOMMUNICATIONS FACILITIES;
AMENDING ARTICLE III. DISTRICTS, DIVISION 4 INDUSTRIAL DISTRICT
REGULATIONS, SEC. 106-521, TABLE A, INDUSTRIAL USES, TO ALLOW
TELECOMMUNICATIONS TOWERS, ANTENNA, SUPPORT STRUCTURES, AND
TELECOMMUNICATIONS FACILITIES AS A PERMISSIBLE USE IN H-I ZONING
DISTRICTS, AS A CONDITIONAL USE IN B-1 AND L-I ZONING DISTRICTS AND
PROHIBITING THEM IN ALL OTHER ZONING DISTRICTS; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY
SUM NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) AND EACH DAY
OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, on February 8, 1996, Congress enacted the Telecommunications
Act of 1996, P.L. No. 104-104, to deregulate the telecommunications industry, providing
a more competitive environment for wired and wireless telecommunication services in
the United States; and
WHEREAS, a concomitant effect of increased competition in the market for
wireless telecommunications services is an increased demand for antenna sites on
Towers and other Antenna Support Structures necessary for providing wireless service
via existing and new technologies; and
WHEREAS, the Telecommunications Act of 1996 preserves the authority of the
City to regulate the placement, construction, and modification of Towers, Antenna
Support Structures, and Telecommunications Facilities, as hereinafter defined, in order
to protect the health, safety, and welfare of the public.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE, TEXAS:
SECTION 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 19th day of February, 1998, at 6:00 p.m., a public
hearing was held before the Planning and Zoning Commission of the City of La Porte,
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Texas, pursuant to due notice, to consider the question of the possible amendment of the
Zoning Ordinance as herein described. There is attached to this Ordinance as Exhibit
"A", and incorporated by reference herein and made a part hereof for all purposes, the
publisher's affidavit of publication of notice of said hearing.
SECTION 2. Subsequent to such public meeting, the City of La Porte Planning and
Zoning Commission met in regular session on February 19, 1998, at 6:00 p.m. to
consider the Ordinance amendments which were the subject of such public hearing. The
City Council of the City of La Porte is in receipt of the written recommendations of the City
of La Porte Planning & Zoning Commission, by letter dated February 26, 1998, a true
copy of which letter is attached hereto as Exhibit "B," and incorporated by reference
herein, and made part hereof for all purposes.
SECTION 3. The City Council of the City of La Porte hereby finds, determines and
declares that on the 23rd day of March, 1998, a public hearing was held before the City
Council of the City of La Porte, Texas, pursuant to due notice, to consider the
recommendation of the City of La Porte Planning and Zoning Commission. There is
attached to this Ordinance as Exhibit "C", and incorporated by reference herein and made
a part hereof for all purposes, the publisher's affidavit of publication of notice of said
hearing.
SECTION 4. Based on the recommendation of the Planning and Zoning Commission
and its own study, review, and discussion, the City Council makes the following
findings:
(a) The Communications Act of 1934 as amended by the
Telecommunications Act of 1996 ("the Act") grants the Federal
Communications Commission (FCC) exclusive jurisdiction over:
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(1) The regulation of the environmental effects of radio frequency (RF)
emissions from Telecommunications Facilities; and
(2) The regulation of radio signal interference among users of the RF
spectrum.
(b) Telecommunications towers, antennas and support structures located too
closely to residential uses have been shown to cause a reduction in
property values of the residential properties and may adversely affect the
stability of neighborhoods; and
(c) The City's regulation of Towers and Telecommunications Facilities in the
City will not have the effect of prohibiting any Person from providing
wireless telecommunications services in violation of the Act.
The City Council of the City of La Porte further finds, determines and
declares that all prerequisites of law have been satisfied, and hereby determines and
declares that the amendments to Chapter 106 of the Code of Ordinances of the City of La
Porte by adding new Article VIII, Telecommunication Towers and Facilities, Sections 106-
890 through 106-907, and the amendment of Article III. Districts, Division 4 Industrial
District Regulations, Sec. 106-521, Table A, Industrial Uses are desirable and in
furtherance of the goals and objectives stated in the City of La Porte's comprehensive
plan.
SECTION 5. Chapter 106 of the Code of Ordinances of the City of La Porte is hereby
amended by adding a new Article VIII. "Telecommunications Towers and Facilities,"
Sections 106-890 through 106-907, and by amending Article III. Districts, Division 4
Industrial District Regulations, by adding the appropriate Industrial Uses codes to
Section 106-521, Table A, Industrial Uses; which shall read as follows:
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Sec. 106-890. Definitions.
Antenna Support Structure means any building or structure other than a Tower
which can be used for location of Telecommunications Facilities.
Applicant means any Person that applies for a Tower development permit.
Application means the process by which the Owner of a parcel of land within the
City submits a request to develop, construct, build, modify, or erect a Tower upon such
parcel of land. Application includes all written documentation, verbal statements, and
representations, in whatever form or forum, made by an Applicant to the City
concerning such a request.
Engineer means any engineer licensed by the State of Texas.
Owner means any Person with fee title or a long-term (exceeding ten (10) years)
leasehold to any parcel of land within the City who desires to develop, or construct,
build, modify, or erect a Tower upon such parcel of land.
Person is any natural person, firm, partnership, association, corporation,
company, or other legal entity, private or public, whether for profit or not for profit.
Site Plan Review Committee means a committee composed of staff members of
the City, responsible for reviewing and recommending plans submitted pursuant to this
Article, including individuals designated by the Director of Planning (usually being the
Chief Building Official and the City Engineer), the Fire Marshal, and the Director of
Public Works. The Building Official is responsible for chairing meetings of the Site Plan
Review Committee, and making reports of the results of said meetings. Duly
designated representatives of the members of the Site Plan Review Committee may
serve in the stead of the aforementioned members of the Committee.
Stealth means any Tower or Telecommunications Facility which is designed to
enhance compatibility with adjacent land uses, including, but not limited to,
architecturally screened roof-mounted antennas, antennas integrated into architectural
elements, and Towers designed to look other than like a Tower such as light poles,
power poles, and trees. The term Stealth does not necessarily exclude the use of
uncamouflaged lattice, guyed, or monopole Tower designs.
Telecommunications Facilities means any cables, wires, lines, wave guides,
antennas, and any other equipment or facilities associated with the transmission or
reception of communications which a Person seeks to locate or has installed upon or
near a Tower or Antenna Support Structure. However, Telecommunications Facilities
shall not include:
(1) Any satellite earth station antenna two (2) meters in diameter or
less which is located in an area zoned industrial or commercial; or
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(2) Any satellite earth station antenna one (1) meter or less in
diameter, regardless of zoning category.
Tower means a self-supporting lattice, guyed, or monopole structure constructed
from grade which supports Telecommunications Facilities. The term Tower shall not
include amateur radio operators' equipment, as licensed by the FCC.
Sec. 106-891. Purpose.
The general purpose of this Article is to regulate the placement, construction,
and modification of Towers, Antennas, Support Structures and Telecommunications
Facilities in order to protect the health, safety, and welfare of the public, while at the
same time not unreasonably interfering with the development of the competitive
wireless telecommunications marketplace in the City.
Specifically, the purposes of this Article are:
(a) To regulate the location of Towers and Telecommunications Facilities in
the City;
(b) To protect residential areas and land uses from potential adverse impact
of Towers and Telecommunications Facilities;
(c) To minimize adverse visual impact of Towers and Telecommunications
Facilities through careful design, siting, landscaping, and innovative camouflaging
techniques;
(d) To promote and encourage shared use/collocation of Towers and
Antenna Support Structures as a primary option rather than construction of additional
single-use Towers;
(e) To promote and encourage utilization of technological designs that will
either eliminate or reduce the need for erection of new Tower structures to support
antenna and Telecommunications Facilities;
(f) To avoid potential damage to property caused by Towers and
Telecommunications Facilities by ensuring such structures are soundly and carefully
designed, constructed, modified, maintained, and removed when no longer used or are
determined to be structurally unsound; and
(g) To ensure that Towers and Telecommunications Facilities are compatible
with surrounding land uses.
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Sec. 106-892. Development of Towers.
(a) A Tower shall be a permitted use of land in zoning districts H-1. No person
shall build, erect, or construct a Tower upon any parcel of land within a zoning district
designated H-I unless a development permit shall have been issued by the Site Plan
Review Committee of the City. Application shall be made to the Site Plan Review
Committee in the manner provided in this chapter.
(b) A Tower shall be a conditional use of land in zoning districts B-1 and L-1.
No person shall build, erect, or construct a Tower upon any parcel of land within any
toning district set forth above unless a development permit shall have been issued by
the Site Plan Review Committee of the City and approval of the City Planning and
Zoning Commission is obtained.
(c) Towers are exempt from the maximum height restrictions of the districts
where located. Towers shall be permitted to a height of one hundred and fifty (150) feet.
Towers may be permitted in excess of one hundred and fifty (150) feet in accordance
with Section 106-906 "Criteria for Site Plan Development Modifications."
(d) No new Tower shall be built, constructed, or erected in the City unless the
Tower is capable of supporting another Person's operating Telecommunications
Facilities comparable in weight, size, and surface area to the Telecommunications
Facilities installed by the Applicant on the Tower within six (6) months of the completion
of the Tower construction.
(e) An Application to develop a Tower shall include:
(1) The name, address, and telephone number of the Owner and
lessee of the parcel of land upon which the Tower is situated. If the
Applicant is not the Owner of the parcel of land upon which the
Tower is situated, the written consent of the Owner shall be
evidenced in the Application.
(2) The legal description, folio number, and address of the parcel of
land upon which the Tower is situated.
(3) The names, addresses, and telephone numbers of all owners of
other Towers or usable Antenna Support Structures within a
one-half (1/2) mile radius of the proposed new Tower site, including
City-owned property.
(4) A description of the design plan proposed by the Applicant in the
City. Applicant must identify its utilization of the most recent
technological design, including microcell design, as part of the
design plan. The Applicant must demonstrate the need for Towers
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and why design alternatives, such as the use of microcell, cannot
be utilized to accomplish the provision of the Applicant's
telecommunications services.
(5) An affidavit attesting to the fact that the Applicant made diligent,
but unsuccessful, efforts to obtain permission to install or collocate
the Applicant's Telecommunications Facilities on City-owned
Towers or usable Antenna Support Structures located within a
one-half (1/2) mile radius of the proposed Tower site.
(6) An affidavit attesting to the fact that the Applicant made diligent,
but unsuccessful, efforts to install or collocate the Applicant's
Telecommunications Facilities on Towers or usable Antenna
Support Structures owned by other Persons located within a
one-half (1/2) mile radius of the proposed Tower site.
(7) Written technical evidence from an Engineer(s) that the proposed
Tower or Telecommunications Facilities cannot be installed or
collocated on another person's Tower or usable Antenna Support
Structures owned by other Persons located within one-half (1/2)
mile radius of the proposed Tower site.
(8) A written statement from an Engineer(s) that the construction and
placement of the Tower will not interfere with public safety
communications and the usual and customary transmission or
reception of radio, television, or other communications services
enjoyed by adjacent residential and non-residential properties.
(9) Written, technical evidence from an Engineer(s) that the proposed
structure meets the standards set forth in Section 106-894,
"Structural Requirements," of this Article.
(10) Written, technical evidence from a qualified Engineer(s) acceptable
to the Fire Marshall and the building official that the proposed site
of the Tower or Telecommunications Facilities does not pose a risk
of explosion, fire, or other danger to life or property due to its
proximity to volatile, flammable, explosive, or hazardous materials
such as LP gas, propane, gasoline, natural gas, or corrosive or
other dangerous chemicals.
(11) In order to assist City staff and the Planning and Zoning
Commission in evaluating visual impact, the Applicant shall submit
color photo simulations showing the proposed site of the Tower
with a photo-realistic representation of the proposed Tower as it
would appear viewed from the closest residential property and from
adjacent roadways.
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(12) The Act gives the FCC sole jurisdiction of the field of regulation of
RF emissions and does not allow the City to condition or deny on
the basis of RF impacts the approval of any Telecommunications
Facilities (whether mounted on Towers or Antenna Support
Structures) which meet FCC standards. In order to provide
information to its citizens, the City shall make available upon
request copies of ongoing FCC information and RF emission
standards for Telecommunications Facilities transmitting from
Towers or Antenna Support Structures. Applicants shall be
required to submit information on the proposed power density of
their proposed Telecommunications Facilities and demonstrate how
this meets FCC standards.
(f) The Site Plan Review Committee may require an Applicant to supplement
any information that the committee considers inadequate or that the Applicant has
failed to supply. The committee may deny an Application on the basis that the Applicant
has not satisfactorily supplied the information required in this subsection. Applications
shall be reviewed by the City in a prompt manner and all decisions shall be supported in
writing setting forth the reasons for approval or denial.
Sec. 106-893. Setbacks.
(a) All Towers up to one-hundred (100) feet in height shall be set back on all
sides a distance equal to the underlying setback requirement in the applicable zoning
district. Towers in excess of one hundred (100) feet in height shall be set back one (1)
additional foot per each foot of Tower height in excess of one hundred (100) feet.
(b) Setback requirements for Towers shall be measured from the base of the
Tower to the property line of the parcel of land on which it is located.
(c) Setback requirements may be modified, as provided in Section 106-
906(b)(1), when placement of a Tower in a location which will reduce the visual impact
can be accomplished. For example, adjacent to trees which may visually hide the
Tower.
Sec. 106-894. Structural Requirements.
All Towers must be designed and certified by an Engineer to be structurally
sound and, at minimum, in conformance with the Building Code, and any other
standards outlined in this Article. All Towers in operation shall be fixed to land.
Sec. 106-895. Separation or Buffer Requirements.
For the purpose of this Section, the separation distances between Towers shall
be measured by drawing or following a straight line between the base of the existing or
approved structure and the proposed base, pursuant to a site plan of the proposed
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Tower. Tower separation distances from residentially zoned lands shall be measured
from the base of a Tower to the closest point of residentially zoned property. The
minimum Tower separation distances from residentially zoned land and from other
Towers shall be calculated and applied irrespective of City jurisdictional boundaries.
(a) Towers shall be separated from all residentially zoned lands by a
minimum of two hundred (200) feet or two hundred (200) percent of the height of the
proposed Tower, whichever is greater.
(b) Proposed Towers must meet the following minimum separation
requirements from existing Towers or Towers which have a development permit but are
not yet constructed at the time a development permit is granted pursuant to this Code:
(1) Monopole Tower structures shall be separated from all other
Towers, whether monopole, self-supporting lattice, or guyed, by a
minimum of seven hundred and fifty (750) feet.
(2) Self-supporting lattice or guyed Tower structures shall be
separated from all other self-supporting or guyed Towers by a
minimum of fifteen hundred (1,500) feet.
(3) Self-supporting lattice or guyed Tower structures shall be
separated from all monopole Towers by a minimum of seven
hundred and fifty (750) feet.
Sec. 106-896. Method of Determining Tower Height.
Measurement of Tower height for the purpose of determining compliance with all
requirements of this Section shall include the Tower structure itself, the base pad, and
any other Telecommunications Facilities attached thereto which extend more than
twenty (20) feet over the top of the Tower structure itself. Tower height shall be
measured from grade.
Sec. 106-897. Illumination.
Towers shall not be artificially lighted except as required by the Federal Aviation
Administration (FAA). Upon commencement of construction of a Tower, in cases where
there are residential uses located within a distance which is three hundred (300)
percent of the height of the Tower from the Tower and when required by federal law,
dual mode lighting shall be requested from the FAA.
Sec. 106-898. Exterior Finish.
Towers not requiring FAA painting or marking shall have an exterior finish which
enhances compatibility with adjacent land uses, as approved by the Site Plan Review
Committee.
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Sec. 106-899. Landscaping.
All landscaping on a parcel of land containing Towers, Antenna Support
Structures, or Telecommunications Facilities shall be in accordance with the applicable
landscaping requirements in the zoning district where the Tower, Antenna Support
Structure, or Telecommunications Facilities are located. The City may require
landscaping in excess of the requirements in the City Code in order to enhance
compatibility with adjacent land uses. Landscaping shall be installed and maintained on
the outside of any fencing.
Sec. 106-900. Access.
A parcel of land upon which a Tower is located must provide access to at least
one (1) paved vehicular parking space on site.
Sec. 106-901. Stealth Design.
All Towers which must be approved as a conditional use shall be of Stealth
design.
Sec. 106-902. Telecommunications Facilities on Antenna Support Structures.
Any Telecommunications Facilities which are not attached to a Tower may be
permitted on any Antenna Support Structure at least fifty (50) feet tall, regardless of the
zoning restrictions applicable to the zoning district where the structure is located.
Telecommunications Facilities are prohibited on all other structures. The owner of such
structure shall, by written certification to the zoning administrator, establish the following
at the time plans are submitted for a building permit:
(a) That the height from grade of the Telecommunications Facilities shall not
exceed the height from grade of the Antenna Support Structure by more than twenty
(20) feet;
(b) That any Telecommunications Facilities and their appurtenances, located
above the primary roof of an Antenna Support Structure, are set back one (1) foot from
the edge of the primary roof for each one (1) foot in height above the primary roof of the
Telecommunications Facilities. This setback requirement shall not apply to
Telecommunications Facilities and their appurtenances, located above the primary roof
of an Antenna Support Structure, if such facilities are appropriately screened from view
through the use of panels, walls, fences, or other screening techniques approved by the
City. Setback requirements shall not apply to Stealth antennas which are mounted to
the exterior of Antenna Support Structures below the primary roof, but which do not
protrude more than eighteen (18) inches from the side of such an Antenna Support
Structure.
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Sec. 106-903. Modification of Towers.
(a) A Tower existing prior to the effective date of this Article, which was in
complianc~ with the City's zoning regulations immediately prior to the effective date of
this Article, may continue in existence as a non-conforming structure. Such non-
conforming structures may be modified or demolished and rebuilt without complying
with any of the additional requirements of this Section, except for Sections 106-895,
"Separation or Buffer Requirements," 106-904, "Certification and Inspections, " and
106-905, "Maintenance, " provided:
(1) The Tower is being modified or demolished and rebuilt for the sole
purpose of accommodating, within six (6) months of the completion
of the modification or rebuild, additional Telecommunications
Facilities comparable in weight, size, and surface area to the
discrete operating Telecommunications Facilities of any Person
currently installed on the Tower.
(2) An Application for a development permit is made to the Site Plan
Review Committee which shall have the authority to issue a
development permit without further approval. The grant of a
development permit pursuant to this Section allowing the
modification or demolition and rebuild of an existing non-
conforming Tower shall not be considered a determination that the
modified or demolished and rebuilt Tower is conforming.
(3) The height of the modified or rebuilt Tower and
Telecommunications Facilities attached thereto do not exceed the
maximum height allowed under this Article.
(b) Except as provided in this Section, a non-conforming structure or use may
not be enlarged, increased in size, or discontinued in use for a period of more than one
hundred eighty (180) days. This Article shall not be interpreted to legalize any structure
or use existing at the time this Article is adopted which structure or use is in violation of
the Code prior to enactment of this Article.
Sec. 106-904. Certifications and Inspections.
(a) All Towers shall be certified by an Engineer to be structurally sound and in
conformance with the requirements of the Building Code and all other construction
standards set forth by the City's Code and federal and state law. For new monopole
Towers, such certification shall be submitted with an Application pursuant to Section
106-892 of this Article and every five (5) years thereafter. For existing monopole
Towers, certification shall be submitted within sixty (60) days of the effective date of this
Article and then every five (5) years thereafter. For new lattice or guyed Towers, such
certification shall be submitted with an Application pursuant to Section 106-892 of this
Article and every two (2) years thereafter. For existing lattice or guyed Towers,
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certification shall be submitted within sixty (60) days of the effective date of this Article
and then every two (2) years thereafter. The Tower owner may be required by the City
to submit more frequent certifications should there be reason to believe that the
structural and electrical integrity of the Tower is jeopardized.
(b) The City or its agents shall have authority to enter onto the property upon
which a Tower is located, between the inspections and certifications required above, to
inspect the Tower for the purpose of determining whether it complies with the Building
Code and all other construction standards provided by the City Code and federal and
state law.
(c) The City reserves the right to conduct such inspections at any time, upon
reasonable notice to the Tower owner. All expenses related to such inspections by the
City shall be borne by the Tower owner.
Sec. 106-905. Maintenance.
(a) Tower owners shall at all times employ ordinary and reasonable care and
shall install and maintain in use nothing less than commonly accepted methods and
devices for preventing failures and accidents which are likely to cause damage, injuries,
or nuisances to the public.
(b) Tower owners shall install and maintain Towers, Telecommunications
Facilities, wires, cables, fixtures, and other equipment in substantial compliance with
the requirements of the National Electric Safety Code and all FCC, state, and local
regulations, and in such manner that will not interfere with the use of other property.
(c) All Towers, Telecommunications Facilities, and Antenna Support
Structures shall at all times be kept and maintained in good condition, order, and repair
so that the same shall not menace or endanger the life or property of any Person.
(d) All maintenance or construction of Towers, Telecommunications Facilities,
or Antenna Support Structures shall be performed by licensed maintenance and
construction personnel.
(e) All Towers shall maintain compliance with current RF emission standards
of the FCC.
(f) In the event that the use of a Tower is discontinued by the Tower owner,
the Tower owner shall provide written notice to the City of its intent to discontinue use
and the date when the use shall be discontinued.
Sec. 106-906. Criteria for Site Plan Development Modifications.
(a) Notwithstanding the Tower requirements provided in this Article, a
modification to the requirements may be approved by the Planning and Zoning
Commission as a conditional use in accordance with the following:
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(1) In addition to the requirement for a Tower Application, the
Application for modification shall include the following:
(i) A description of how the plan addresses any adverse impact
that might occur as a result of approving the modification.
(ii) A description of off-site or on-site factors which mitigate any
adverse impacts which might occur as a result of the
modification.
(iii) A technical study that documents and supports the criteria
submitted by the Applicant upon which the request for
modification is based. The technical study shall be certified
by an Engineer and shall document the existence of the
facts related to the proposed modifications and its
relationship to surrounding rights-of-way and properties.
(iv) For a modification of the setback requirement, the
Application shall identify all parcels of land where the
proposed Tower could be located, attempts by the Applicant
to contract and negotiate an agreement for collocation, and
the result of such attempts.
(v) The Site Plan Review Committee may require the
Application to be reviewed by an independent Engineer
under contract to the City to determine whether the antenna
study supports the basis for the modification requested. The
cost of review by the City Engineer shall be reimbursed to
the City by the Applicant
(2) The Planning and Zoning Commission shall consider the
Application for modification based on the following criteria:
(i) That the Tower as modified will be compatible with and not
adversely impact the character and integrity of surrounding
properties.
(ii) Off-site or on-site conditions exist which mitigate the adverse
impacts, if any, created by the modification.
(iii) In addition, the Commission may include conditions on the
site where the Tower is to be located if such conditions are
necessary to preserve the character and integrity of the
neighborhoods affected by the proposed Tower and mitigate
any adverse impacts which arise in connection with the
approval of the modification.
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(b) In addition to the requirements of subparagraph (a) of this Section,
in the following cases, the Applicant must also demonstrate, with
written evidence, the following:
(1) In the case of a requested modification to the setback
requirement, Section 106-893, that the setback requirement
cannot be met on the parcel of land upon which the Tower is
proposed to be located and the alternative for the Person is
to locate the Tower at another site which is closer in
proximity to a residentially zoned land.
(2) In the case of a request for modification to the separation
and buffer requirements from other Towers of Section 106-
895, "Separation or Buffer Requirements," that the proposed
site is zoned "Industrial" or "Heavy Industrial" and the
proposed site is at least double the minimum standard for
separation from residentially zoned lands as provided for in
Section 106-895.
(3) In the case of a request for modification of the separation
and buffer requirements from residentially zoned land of
Section 106-895, if the Person provides written technical
evidence from an Engineer(s) that the proposed Tower and
Telecommunications Facilities must be located at the
proposed site in order to meet the coverage requirements of
the Applicant's wireless communications system and if the
Person is willing to create approved landscaping and other
buffers to screen the Tower from being visible to residentially
zoned property.
(4) In the case of a request for modification of the height limit for
Towers and Telecommunications Facilities or to the
minimum height requirements for Antenna Support
Structures, that the modification is necessary to: (i) facilitate
collocation of Telecommunications Facilities in order to avoid
construction of a new Tower; or (ii) to meet the coverage
requirements of the Applicant's wireless communicatiolJs
system, which requirements must be documented with
written, technical evidence from an Engineer(s) that
demonstrates that the height of the proposed Tower is the
minimum height required to function satisfactorily, and no
Tower that is taller than such minimum height shall be
approved.
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.,' I ,\
VI..
Sec. 106-907. Abandonment.
(a) If any Tower shall cease to be used for a period of 365 consecutive days,
the City shall notify the Owner, with a copy to the Applicant, that the site will be subject
to a determination by the City that such site has been abandoned. The Owner shall
have thirty (30) days from receipt of said notice to show, by a preponderance of the
evidence, that the Tower has been in use or under repair during the period. If the
Owner fails to show that the Tower has been in use or under repair during the period,
the City shall issue a final determination of abandonment for the site. Upon issuance of
the final determination of abandonment, the Owner shall, within seventy-five (75) days,
dismantle and remove the Tower.
(b) To secure the obligation set forth in this Section, the Applicant [and/or
Owner] shall post a bond in an amount sufficient to secure the anticipated cost of
removal of the abandoned Tower, as determined by the City. .
SECTION 6. Chapter 106 of the Code of Ordinances of the City of La Porte is hereby
amended by adding new BI, LI and HI use classification codes to Article III. Districts,
Division 4 Industrial District Regulations, Section 106-521, Table A, Industrial Uses,
which shall read as follows:
Sec. 106-521. Table A, industrial uses.
(a) Table A, industrial uses.
Uses (SIC) Code #)
81
Zones
LI
HI
Telecommunications towers and facilities
(Subject to requirements of Sections 106-890
through 106-907, inclusive)
C
C
P
SECTION 7. Severabilitv.
If any section, sentence, phrase, clause, or any part of any section, sentence,
phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this ordinance, and it is hereby declared to be
ORDINANCE NO. 1501--'1
Page 16
e
f~RUF\~I~~; :
II), !~,li\!lJ,~
l. U 'J . ,.(/ t , -. ..
the intention of this City Council to have passed each section, sentence, phrase or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase
or clause, or part thereof, may be declared invalid.
SECTION 8. Conflicts (Repeal of Ordinances).
That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 9. Open Meetings Act
The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is
posted at a place convenient to the public at the City Hall of the city for the time
required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't
Code; and that this meeting has been open to the public as required by law at all times
during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 10. Effective Date
This Ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by
causing the caption hereof to be published in the official newspaper of the City of La
Porte at least twice within ten (10) days after the passage of this ordinance.
ORDINANCE NO. 1501-'
Page 17
e
PASSED AND APPROVED on thi~3,tI day of ~IIA ~
CITY OF LA PORTE
~~~~.~
N rman L. Maione, Mayor -
ATTEST:
0r/aAiJ 4J fltjjl/l~
Martha Gillett, City Secretary
l' ~ I~',. rr'\ i' 'J '
;: :' tk'1 , ~. i ~\: .:!' I
U U '\ ,~} ~ u ~ 8 .~. l\.- .
,1998.
.. ... --'..- .....--.. .-- ..-...... . "'-'-"- ..--...--..-..---..
. --..-.. '--"'-'"
1200 Hwy. 146
Suire 180
P.O. Box 1414
La Pone, Texas 77571
(713) 471-1234
The B~...
re Sun
County of Harris
~C0~)f
State of Texas
Before me, the undersigned authority, on this date came and appeared
Jam Black, duly authorized agent of The Baysmre Sun, a sani-weekly
newspaper published in Ia. Porte, Harris County, Texas, and who after
being duly sworn, says the attached notice was published in The
Baysb:>re Sun of ~'"IY 01. 199B U .
~t
Jam Black
Publisher/Editor
S\-.urn and subscribed before me this Cjti day of fn~ A.D. 19Cj! .
EXHrBIT A
e
City of La Porte
Established 1892
February 26, 1998
OR1GlklA'l.!.
Honorable Mayor Norman Malone and City Council
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its February 19, 1998, meeting,
considered a recommendation to City Council regarding an amendment to Chapter 106 of
La Porte's Code of Ordinances.
The Commission, by majority vote, recommended City Council approval of a proposed
amendment regarding telecommunication towers, antennas, support structures and
telecommunication facilities within the City of La Porte.
As you know, a temporary moratorium is currently in effect until May 19, 1998, on the
issuance of permits for towers for cellular, personal communications service (PCS), and
specialized mobile radio service transmitters (SMR).
Respectfully submitted,
~cO~
Betty T. Waters
Chairperson, Planning and Zoning Commission
c: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
La Porte Planning and Zoning Commission
EXHIBIT B
P.o. Box 1115 0 La Porte, Texas 77572-1115 · (71.3) 471-5020
'-----e
.....---......-
La Porte. Texas 77571
(713) 471-1234
1200 Hwy. 146
Suite 180
P.O. Box 1414
The B '
re Sun
State of Texas
~(5)lP"lf
County of Harris
Before me, the undersigne:l autlx>rity, on this date came and appeare:l
John Black, duly authorize:l agent of The Bayshore Sun, a semi-weekly
newspaper publishe:l in Ia Porte, Harris County, Texas, and who after
being duly sw::>rn, says the attached notice was publishe:l in The
Bayshore Sun of M2rch 08, 1998
~
John Black
Pub1isher/Editor
S\>.orn and subscribed before me this q t:!l day of ?n~. A.D. 19'7.P .
.~~.~~
Notary Public
Harris County, Texas
.' - :N~:9t~O~~~~Q,:0"'j'" .',;.t "~.~i-~trrie~:~1hff~;i
. l~' I.,. ,,': 0' ~4r _.. .-',;" ',.r:i -h-" .~:.:~,...:t~ ".~~'WUiIailCiWth8...w&,a............tor.th8'
. . ,.f, "'. . In" " - "0.;.;;:_-.;;,,' . ,I wlth'" 'II' . ..,._~.. ... .' . . ..~.!.~......, ..,
;." :I.. .,; " .' l!~~~, '.; ,. . .,'.~,? ~..~JUpose~bf.a~tig'upo!'! th~. public heart",,' ,
provl8lons of the Code.of Ordlnanc:ea;.~."" Items and' to . conduct. .other 'mattera"
of La POrte; Teic8s; Chapter 106,. notice. is j' - .........iiiln9 to'the cOuncil. (jl to . ,:, ,..~.; ~ ..\
h ............. thaitti8L:a Porte C1tu'CoUriCi - ~~'... . . ...... .. ",
e......r...~n.. ,..., "'_" '7.. .;, I ~ V,'\l ',!::.!-r.:.;. ....
. w1llconducqlPu_bJ!cl1earingat6:00'....1; ',', ..::t;iJC;:itI~e~~~s~ing,~oaddressthe,
on the 23rd ~ ,of March,~11998..11,\ the" Cou1ciIPlOorcon~~the ~HearIng,
COln:iI Ol;ambers 'of the CIty Hall, 604, West 'j' wII b8'{8i:p.dred to sign in bef9re the JTl88t1ng
FaJrmont Parkway. La Porte...T~.,The Is conVened'-. .:,. ~.::. ,.' , . :. .
purpose of this. hearing' Is to consider I, ''':~I :,... ',i~~:'-! . -'~..: "':
amendme!.'1s ~ Chapter 106'of.":!~. ~..: ". ~,.~..F . . .CITY Of \..~ ,~9RT~.:
ofOrd,lnances.CltyofLa,p?~!.~..aJI~1 .:.,..~.' .r"....:. ..!..)
Telecommunl~t1ons ,TO~l!~.,':.~~n~,:.. .r..:; .:~': ,',,1' ,t,1.,Marthli G1D~tt :,. r ,
Support ~;'::., Structures,;.. ':.~and" .,"; j',.'(.'. .~, ....: ,CIty Secr8f81Y.-i.'" ,': .
Tel . u cations." Fai:lllt1ei"..as~- a'"
pe . biB' se lri H"i' ,. Plstiicts. ..:
a 0 Use In I' L.I ZonIng
o a p ii1ng em'in all oth8r
. .." SecIions 15' "
'890 IhrO h' 1 . -901' ~ ~~lii~lye;~:~:i
amendIn fQ&.52.1/tabl8'AC)hiaJd~
Ordl-' . ",'
... .-a..;:,..;:.:....;......:._......~___
EXHIBIT C
'. ~
1200 Hwy. 146
Suite 180
P.O. Box 1414
e
TheB
County of Harris
State of Texas
e
La Porte. Texas 77571
(713) 471-1234
OR~GH\iAL
Before me, the undersigned authority, on this date came and appeared
John Black, duly authorized agent of The Baysmre Sun, a semi-weekly
newspaper published in La Porte, Harris County, Texas, and who after
being duly S\\lOm, says the attached notice was published in The
Bayshore Sun of Feb:r:.:ucn:y. 01. 1998
Swom and subscri.bErl before me this q t::JJ.
PUBLIC NOTICES'.
NOTICE OF PUBLIC HEARING
In accordance with the
provisions of the Code of Ordinances, City
of La Porte, Texas, Chapter 106, notice is
hereby !jven that the La Porte Planning ~ .
Zoning Commission will conduct a PubliC
Hearing at 6:00 P.M. on the 19th day of
February, 1998, in the Council Chambers
of the City Hall, 604 West Fairmont
P~La Porte, Texas. The purpoS$ of
this h g is t consider amendments,~
Cr 6 of e Code of Ordinance, City
of La e, to lIow TeleclmuniCationS
1i 'nten, ort ructures, and
1i ommuni ti Fa ties as a
permissible u iiZ~~onin Districts,.as
a Condition us't;l1 and L-1 ZOning
Districts, and prohibiting them in all other
zonilig dIstricIs; by adding new SecIior!S 106-
907 inclusive; and amending Sections 106-
521, Table A, of said Ordinance.
A regular' meeting of the
PlannIng and Zoning Commission will foI~
me public hearing for the purpose of acting
!4)Orl the public hearing items and to 00l'lClJct
ather matters pertaining to the
Commission:
Citizens wishing to address the
Qonvnlsslon pro or con during the Public
Hearing will be required to sign in before
the meeting Is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
John Black
Publisher/Editor
day of h1~ A.D. 19'1~.
~~t-.-o--
Harris County, Texas
SCHUH IT A
.:t' .~.
1200 Hwy. 146
Suite 180
P.O. Box 1414
e
The B ·
County of Harris
State of Texas
.
La Porte. Texas 77571
(713) 471-1234
OR \ G \ N A t~
Before me, the undersigned authority, on this date came and appeared
John Black, duly authorized agent of The Baysoore SUn, a semi-weekly
newspaper published in La Porte, Harris County, Texas, and woo after
being duly sworn, says the attached notice was published in The
Bayshore Sun of ~.arch 08, 1998
S\oJom and subscribed before me this q t:J;!.
NOTICE OF PUB!JC HEARING
In accordance with the
provisions of the Code of Ordinances, City
of La Porte. Texas, Chapter 106, notice is
hereby given that the La Porte City Council
. will conduct a Public Hearing at 6:00 p.m.
on the 23rd day of March, 1998, in the
Council Chambers of the City Hall, 604 West
Fainnont Parkway, La Porte. Texas. The
purpose of this hearing Is to consider
amendments to Chapter 106 of the Code
of Ordinances. City of La Porte, to allow
Telecommunications Towers. Antenna,
Support Structures, and
Te5e mu 'cations Facilitie~ as a
pe i ible se in H'i' Districts, as
a 0 I Use in -I d L-I Zoning
Dist~J. a Pi' illng em in all other
zoni~~ ; a ing Sections 106-
890' thro h 1 -907 Inclusive; and
amendin~eC 106-521, Table A of said
Ordinanc', .
A regular meeting of the City
Council will follow the public hearing for the
purpose of acting upon the public hearing
items and to conduct other matters
pertaining to the Council,
Citizens wishing to address the
Council pro or con during the Public Hearing
will be required to sign in before the meeting
is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary .
~
JOM Black
Publisher/Editor
da~ of?n~ A.D. 19'7?
~)?-.~
Notary Public
Harris COunty, Texas
EXHIBrr C