Village of Wimberley

In the Village of Wimberley, antenna regulations are part of the Zoning Ordinance and are specified in Ordinance Number 2001-019 "Antenna Facilities Ordinance". This Ordinance is sufficiently complex that anyone interested in it is strongly urged to read the entire Ordinance.

In "§III. Definitions", Amateur Radio antennas are explicitly included in the definition of the term "antenna facilities":

(c) "antenna facilities" means any antenna, personal wireless service 
    facilities, tower or unmanned equipment building.  This term includes 
    amateur radio towers and receive-only antennas over (25) feet in height.

In "§V. District Regulations", antenna facilities are defined as "conditional uses":

A. Antenna facilities shall be subject to all restriction applying to the 
   relevant zoning districts in which the antenna facilities are located.

B. Antenna faciliities shall be conditional uses in all zoning districts 
   except those zoned historic.  Antenna Facilities shall be treated as 
   accessory uses requiring a Conditional Use Permit, as provided by this
   Ordinance.

In "§VI. Building Permits", there are several items of interest to Amateur Radio operators:

B.  Exceptions.  Building Permits are not required for:
  (1) Adjustment, replacement or repair of the elements of an antenna array
      affixed to an antenna facility.
  (2) Antenna facilities erected temporarily for test purposes, for emergency 
      communications, or for broadcat remote pick-up operations.  Temporary 
      antenna facilities shall be removed within seventy-two (72) hours 
      following installation.
  (3) The installation of receive-only or amateur radio antennas less than 
      twelve (12) feet above the peak of the roof of a building.
  (4) Any ground-mounted receive-only or amateur radio antennas less than 
      twenty-five (25) feet in height.
  (5) Co-location of additional antenna on existing antenna facilities that
      have obtained the necessary permits or are nonconforming uses.

"§VII. Conditional Use Permits" and "§VIII. Construction Requirements" both deserve careful reading. The application requirements, in particular, are quite specific, and require that all permit applications include a report from a "qualified and licensed professional engineer." In addition to substantial setback requirements, a significant restriction on the property owner and federal licensee is that only one tower can exist on each lot:

B. Number of Antenna Facilities.  Only one tower shall exist at any one time
   on any one lot or parcel in a residential zoning district, as established
   by the Village's comprehensive zoning ordinance.

"§VIII. Construction Requirements" also sets limits on tower height.

E. Antenna Facility Height.  All proposed antenna facilities shall comply with
   the following height restrictions:

  (1) In all overlay zoning districts, the maximum of any antenna facility, 
      including all attachments, shall be twenty-five (25) feet;

  (2) In all residential zoning districts not within an overlay district, the 
      maximum height of any antenna facility, including all antennas and other 
      attachments, shall not exceed one (1) foot for each four (4) feet that
      tower is setback from adjoining residential property up to a maximum of
      sixty (60) feet.

  (3) In all other zoning districts, the maximum height of any antenna 
      facility, including all attachments, shall not exceed one (1) foot for 
      each two (2) feet the tower is setback from residential property up
      to a maximum of one hundred fifty (150) feet.

In "§XI. Variance", paragraph B explicitly mentions the accomodation of Amateur Radio as an appropriate basis for a variance application.

B. Any entity that desires to erect or utilize antenna facilities that would 
   be prohibited by this Ordinance or other regulations of the Village dealing
   with zoning and land use may apply for a variance under this section.  The 
   City Council shall, upon a showing that strict application of the 
   regulation would prohibit or have the effect of prohibiting personal 
   wireless services as defined by federal law, or unreasonably fail to 
   accomodate amateur radio communications, vary the subject regulation, 
   consistent with the spirit and intent of this Ordinance, to the extent 
   necessary to prevent the prohibition.

In "§XIV. Enforcement", the ordinance explicitly mentions the reasonable accomodation of Amateur Radio as an "affirmative defense" against enforcement of the ordinance:

A. Civil and Criminal Penalties.  The Village shall have the power to 
   administer and enforce the provisions of this ordinance as may be required 
   by governing law.  Any person violating any provision of this ordinance is
   subject to suit for injunctive relief as well as prosecution for criminal 
   violations.  Any violation of this ordinance is hereby declared to be a 
   nuisance.

D. Affirmative Defense.  It shall be an affirmative defense to prosecution for
   a violation of this Ordinance that compliance with the provision would 
   prohibit or have hte effect of prohibiting the provision of personal 
   wireless services as defined by federal law or failing to reasonably 
   accomodate amateur radio communications.

For more information, see the Village of Wimberley 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.