City of Kerrville

In the City of Kerrville, antenna regulations have been part of the Unified Development Code. The relevant section was Article 3, §3.5.11, "Use Regulations: Amateur Radio Antennas". Some of these regulations might have been in conflict with FCC Memorandum Opinion and Order PRB-1 and Texas state law. The following was the adopted text of the ordinance, which was approved by the city council on 24 August 2004, but was later brought up for a referendum repeal vote on 7 May 2005.

NOTE: The voters of Kerrville overwhelmingly approved the repeal of the entire UDC by a margin of nearly two to one. Bobbielee Neuman, a member of the Citizens for a Friendly Kerrville, was quoted in the Kerrville Daily Times as saying, "The UDC's 300 pages was a direct assault on our freedoms." With the repeal of this ordinance, it is unclear what Kerrville municipal regulations might still exist when it comes to Amateur Radio towers and antennas. Anyone with a direct interest should certainly investigate carefully.

The following ordinance text was repealed, and is no longer in force:

3.5.11 Amateur Radio Antennas (ARA)

  An ARA is a permitted land use in accordance with the Use Table and shall
  be subject to the following standards:

  a. Applicability - This Section applies to all new construction and 
     expansion of existing ARA's.

  b. Setbacks - All ARA must comply with the setback requirements for the 
     zoning district in which it is located, or be setback one hundred
     (100) percent of its height from all property lines or rights-of-way.

  c. Height - In no case shall a proposed ARA exceed forty-five (45) feet 
     in height, as measured from the average grade of the lot or tract,
     within the corporate limits, except where a height variance is 
     authorized by the Zoning Board of Adjustment to allow a tower or 
     antenna that demonstrates a hardship.

  d. Aesthetic standards - All ARA shall be constructed with materials and
     colors that match or blend in with the surrounding natural or built
     environments, to the maximum extent practicable.  Unless otherwise 
     required, muted (flat or non-reflective) colors, earth tones and subdued 
     hues shall be used.  If an antenna is mounted on a support structure 
     other than a tower, the antennas and supporting electrical and mechanical 
     equipment must be of a neutral color that is identical to, or 
     significantly compatible with, the color of the supporting structure so 
     as to make the antenna and equipment as visually unobtrusive as possible.

  e. Maintenance - Maintenance of the ARA and its grounds is the responsibility
     of the owner/operator of the ARA.  The owner/operator shall prevent the 
     facility from entering a state of disrepair due to negligence, vandalism,
     natural hazard or any other source of disrepair.

  f. Lighting - All ARA must be illuminated only as necessary to comply with
     the Federal Aviation Administration (FAA) or other applicable State and
     Federal requirements.  However, security lighting may be used as long 
     as it is designed and installed to prevent glare or allow excess light 
     spillover onto adjacent properties, in accordance with Section 5.4, 
     Outdoor Lighting.

  g. Signage - ARA may not be used to exhibit any permanent or temporary 
     signs, writing, symbols, or any graphic representation of any kind 
     other than safety related signs, in accordance with Section 5.7, 
     Sign Regulations.

  h. Historic properties - A proposed ARA, to the greatest degree practicable,
     must have no unreasonable adverse impact upon a historic district, site 
     or structure that is currently listed on or eligible for listing on the 
     National Register of Historic Places.

  i. Attachment - ARA may attach to the exterior of any non-residential and
     non-historic building within any zoning district provided the antenna 
     and antenna support structure or equipment is mounted flush with the 
     vertical exterior of the building or projects no more than twenty-four 
     (24) inches from the surface of the building to which it is attached.
     The attached ARA must be textured and colored so as to blend with the 
     surface of the building.

  j. Federal Communications Commission (FCC) Compliance - The owner/operator
     must comply with all applicable FCC rules and regulations governing 
     ARA's and shall submit copies of his/her license to own/operate such
     device at the time of application for a building permit to construct 
     an ARA.  The owner/operator must maintain the required license(s) at all
     times that such ARA structures are in place.  Failure to do so shall make
     a presumption of abandonment of the use and structure, requiring 
     its removal as described in paragraph "k", below.

  k. Abandonment - If the use of an ARA is discontinued for a continuous
     period of six (6) months, the Administrator may declare the facility to 
     be abandoned, which excludes any dormancy period between construction
     and the initial use of the facility.  The facility's owner/operator
     will receive written notice from the City and will be instructed to 
     either re-activate the ARA's use within ninety (90) days, or dismantle
     and remove the ARA.  If re-activation or dismantling does not occur 
     within ninety (90) days, the City may remove the facility or cause it to
     be removed and assess the costs to the owner/operator.

Most residential zoning districts had been defined with a maximum height restriction of 35 feet, as defined in Article 4: Area Regulations, §4.2.1.

For more information, see the City of Kerrville Website.

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