Village of Bee Cave
In the Village of Bee Cave, antenna regulations are part of the
Zoning Regulations.
The relevant section is §14.130(c)
"Use Regulations: Communications Antennas and Support
Structures/Towers". Some of these regulations may be in conflict
with FCC Memorandum
Opinion and Order PRB-1 and Texas state law. CTDXCC member Terry Gerdes
AB5K reports that there have been
revisions to this ordinance in a later draft.
(c) Communications Antennas and Support Structures/Towers
(1) Applicability:
(A) These regulations apply to all commercial and amateur antennae and
support structures, unless exempted in subsection (B) below.
(B) Direct broadcast satellite reception, multi-channel multi-point
distribution, as defined by the FCC, television reception antennae,
and amateur radio antennae meeting the following requirements do not
require a permit unless mounted on a pole or mast that is twenty feet
(20') or more in height:
(i) In any zoning district, antennae that are one meter (39 inches) or
less in diameter;
(ii) In a non-residential zoning district, antennae that are two meters
or less in diameter;
(iii) In any zoning district, antennae designed to only receive
television broadcasts;
(iv) In any zoning district, amateur radio antennae concealed behind or
located upon or within attics, eaves, gutters or roofing components
of the building; and
(v) In any zoning district, amateur radio ground-mounted whips and wire
antennae, unless mounted upon a pole or mast over twenty feet (20')
in height.
(C) Support structures or antennae legally installed before adoption of
these regulations are not required to comply with this article, but
must meet all applicable State, Federal and local requirements,
building codes and safety standards.
(2) Special Definitions - For the purpose of this section, the following
special definitions shall apply:
(A) Antenna, Microwave Reflector & Antenna Support Structure - An antenna
is the arrangement of wires or metal rods used in transmission,
retransmission and reception of radio, television, electromagnetic or
microwave signals, including microwave reflectors and antennae. A
microwave reflector is an apparatus constructed of solid, open mesh,
bar-configured, or perforated materials of any shape or configuration
that is used to receive or transmit microwave signals from a
terrestrial or orbitally located transmitter or transmitter relay.
Microwave reflectors are also commonly referred to as satellite
receive only earth stations (T.V.R.O.S.), or satellite dishes. An
antenna support structure is any tower, mast, pole, tripod, box
frame, or other structure utilized for the purpose of supporting one
or more antennae or microwave reflectors.
(B) Antenna (Non-Commercial/Amateur) - An antenna or antenna support
stucture used for the purpose of transmission, retransmission, or
reception of radio, television, electromagnetic, or microwave signals
for private or personal use and not for the purpose of operating a
business or for financial gain. A satellite dish antenna not
exceeding six feet (6') in diameter shall also be considered as a
non-commercial antenna.
(C) Antenna (Commercial) - An antenna or antenna support structure used
for the purpose of transmission, retransmission, or reception of
radio, television, electromagnetic, or microwave signals primarily
for the purpose of operating a business or for financial gain, such
as commercial broadcasting and cellular wireless telecommunications.
A satellite dish antenna that exceeds six feet (6') in diameter shall
also be considered as a commercial antenna.
(D) Collocation - The use of a single support structure or site by more
than one communications provider.
(E) Communications Operations (Non-Commercial/Amateur) - The transmission,
retransmission or reception of radio, television, electromagnetic, or
microwave signals for private or personal use, and not for the purpose
of operating a business or for financial gain.
(F) Communications Operations (Commercial) - The transmission,
retransmission, or reception of radio, television, electromagnetic,
or microwave signals primarily for the purpose of operating a business
or for financial gain.
(G) Height - The distance measured from the finished grade of the lot or
parcel to the highest point on the support structure or other
structure, including the base pad and any antennae.
(H) Radio, Television or Microwave Tower - See "Antenna, Microwave
Reflector & Antenna Support Structure."
(I) Telecommunications Tower or Structure - See "Antenna, Microwave
Reflector & Antenna Support Structure."
(J) Temporary/Mobile Antenna - An antenna and any associated support
structure or equipment, including, but not limited to, a support
pole, a vehicle that is placed and used on a temporary basis only not
intended to be permanent, usually in conjunction with a special event,
news coverage or emergency situation, or in case of equipment failure
or temporary augmentation of permanent communications equipment.
(K) Wireless Communication Tower or Structure - See "Antenna, Microwave
Reflector & Antenna Support Structure."
(3) General Requirements
(A) Antennae and support structures may be considered either principal
or accessory uses.
(B) Antenna installations shall comply with all other requirements of
this article and the Code of Ordinances with the exception of those
specifically cited within these regulations.
(C) No commercial antenna support structure shall be closer to any
residential district boundary line or residential dwelling than a
distance equal to twice the height of the support structure. Such
setback distance shall be measured as the shortest possible distance
in a straight line from the structure to the closest point of a
residential district boundary line or residential dwelling. Setbacks
from residentially zoned property do not apply to antennae attached
to utility structures that exceed fifty feet (50') in height, or to
antennae placed wholly within or mounted upon a building.
(D) No amateur or commercial antenna, antenna support structure, microwave
reflector or antenna, or associated foundations or support wires or
appurtenances shall be located within any required setback area for
the front, side or rear yards.
(E) All antennae and support structures must meet or exceed the current
standards and regulations of the Federal Communications Commission
(FCC), the Federal Aviation Administration (FAA), and all other
applicable Federal, State and local authorities. If those standards
change, then the owner and user of an antenna or support structure
must bring the antenna or structure into compliance within six (6)
months or as may otherwise be required by the applicable regulating
authority.
(F) A building permit is required to erect or install an antenna, antenna
support structure and related structures or equipment, unless the
particular antenna is exempt from these regulations. All
installations shall comply with applicable Federal, State and local
building codes and the standards published by the Electronic
Industries Association. Owners and users shall have thirty (30) days
after receiving notice that an installation is in violation of
applicable codes in order to bring it into full compliance.
(G) Antennae, whether amateur or commercial, shall not create
electromagnetic or other interference with the village's and Travis
County's radio frequencies and public safety operations, as required
by the FCC. Antennae also shall not interfere with radio or
television reception of nearby property owners. In no manner shall
the use of such equipment infringe upon adjoining property owners.
(H) No antenna or support structure shall be located so as to create a
visual obstruction within critical visibility areas, such as at
street intersections or where a private driveway enters a roadway,
or a traffic safety problem.
(I) Safeguards shall be utilized to prevent unauthorized access to an
antenna installation, such as on a water tower or utility structure,
and at a free-standing installation. Safeguards include certain
devices identified and recommended by the manufacturer of the antenna
or support structure, a fence, a climbing guard, or other
commercially available safety devices. Climbing spikes or other
similar climbing device, if utilized, shall be removed immediately
following use.
(J) Temporary antennae shall only be allowed in the following instances:
(i) In conjunction with a festival, carnival, rodeo or other special
event or activity;
(ii) In case of an emergency, such as severe weather, or a news
coverage event;
(iii) When needed to restore service on a temporary basis after failure
of an antenna installation. The village must be notified within 72
hours of the placement of a temporary antenna. If the temporary
atenna is to be needed for more than seven (7) days, then the owner
and user must apply for and acquire a permit for the temporary
installation on or before the eighth (8th) day following initial
placement of the antenna.
(K) Collocation is greatly encouraged by the village.
(i) All new support structures over fifty feet (50') in height shall be
constructed to support antennae for at least two carriers, unless
the structure is an alternative or stealth design, or the support
structure is replacing an existing utility structure or light
standard. Sufficient area for associated structures and equipment
shall also be provided.
(ii) A support structure which is modified or reconstructed in order to
accommodate collocation shall be of the same type, design and
height as the existing structure, and it may be moved on the same
property within fifty feet (50') of its original location provided
that it is not moved any closer to residentially zoned property.
If the structure was allowed by CUP, then its new location shall be
within the land boundaries of the CUP. The original support
structure shall be removed from the property within ninety (90)
days following completion of the new structure.
(iii) Where an additional antenna is to be attached to an existing
support structure that already has an antenna mounted upon it, the
new antenna shall comply with and be compatible with the design
of the existing antenna on the collocated structure.
(L) Support buildings and equipment storage areas and buildings shall be
screened from public view if mounted on a rooftop. When ground
mounted, they shall meet all applicable front, side and rear yard
setback requirements of the applicable base zoning district. They
shall also be of a neutral color and shall use exterior finish colors
and materials that are compatible with nearby structures. They shall
be screened from public view by a dense, opaque evergreen landscaped
screen with an initial planting height of three feet (3'), and which
will attain an ultimate height of six feet (6') at maturity. A
six-foot (6') solid masonry wall may be used in lieu of the landscaped
screen provided exterior finish materials are compatible with nearby
structures. The use of a wood fence for screening is prohibited, and
wrought iron or chain link may only be used in conjunction with a
landscaped screen as specified above.
(M) Satellite dishes and other similar antennae shall be permitted on the
roof of a building, as long as satellite dishes do not exceed one
meter (39") in diameter and antennae do not extend over ten feet (10')
above the roof of the building. A letter certifying the roof's and
building's structural stability shall be written and sealed by a
licensed engineer, and shall be submitted to the village administrator,
prior to any approval of a roof-mounted antenna. Roof-mounted antennae
that comply with the provisions of these regulations do not require
additional yard setbacks or setbacks from residential areas or
dwellings.
(N) Only one (1) amateur antenna and support structure shall be permitted
per residential lot, except that a maximum of two (2) satellite
dishes may be allowed if both units are no larger than one meter (39")
in diameter. Satellite dishes in any residential district shall not
exceed twelve feet (12') in diameter, and must be permitted by the
village administrator.
(O) All commercial signs, flags, lights and attachments other than those
required for emergency identification, communications operations,
structural stability, or as required for flight visibility by the
FAA or FCC shall be prohibited on any antenna or antenna support
structure. However, lights may remain or be placed upon light
standards that are altered or replaced in order for them to serve as
antenna support structures provided that said lights are not
commercial in nature, and provided that said lights are placed and
replaced as the same size, configuration, number of bulbs and degree
of luminance as they previously existed prior to support structure
modification or replacement.
(P) Any publicly owned antennae or antenna support structures shall be
permitted in any zoning district, including public safety
communications.
(Q) In all residential zoning districts, including Agriculture, SF-RR,
SF-20, SF-PH, SFA, and MF-1, commercial antennae and antenna support
structures are prohibited, except as specified within this section.
(i) A commercial antenna may be attached to a utility structure,
including electrical transmission and distribution towers and
elevated water storage tanks, provided that the utility structure
exceeds fifty feet (50') in height, and provided that the antenna
does not extend more than ten feet (10') above the height of the
utility structure.
(ii) A commercial antenna may be placed wholly within any building
permitted in the zoning district. A commercial antenna may also
be mounted flush to the exterior of a building or structure if it
is painted or disguised to integrate into the overall architectural
design and it is not readily visible or identifiable as an antenna
from public roadways or from neighboring residential properties.
(R) In nonresidential zoning districts (including O, NS, R, TC, C, MU, P
and DR), commercial antennae and antenna support structures are
allowed as follows:
(i) Commercial antenna support structures are allowed by right if they
do not exceed the maximum building height allowed for the zoning
district in which they are located. Structures in excess of the
height allowed in the zoning district may be allowed by Conditional
Use Permit (CUP) provided the structure conforms in all other
aspects of the base zoning district's regulations, and provided
that all applicable setback requirements are satisfied. In all
nonresidential zoning districts, antenna support structures must
meet all setback requirements, particularly from residential
zoning districts.
(ii) A commercial antenna may be attached to a utility structure,
including electrical transmission, distribution towers and elevated
water storage tanks, provided that the utility structure exceeds
fifty feet (50') in height, and provided that the antenna does not
extend more than ten feet (10') above the height of the utility
structure.
(iii) A commercial antenna may be placed wholly within any building
permitted in the zoning district. A commercial antenna may also be
mounted flush to the exterior of a building or structure if it is
painted or disguised to integrate into the overall architectural
design, and it is not readily visible or identifiable as an antenna
from public roadways or from neighboring residential properties.
For more information, see the Village
of Bee Cave Website.
DISCLAIMER:
This information is provided "as is" without any warranty, condition, or
representation of any kind, either express or implied, including but not
limited to, any warranty respecting non-infringement, and the implied
warranties of conditions of merchantability and fitness for a particular
purpose. In no event shall the Central
Texas DX and Contest Club, or any officers or members thereof be
liable for any direct, indirect, special, incidental, consequential or
other damages howsoever caused whether arising in contract, tort, or
otherwise, arising out of or in connection with the use or performance of
the information contained on this web site.
|
