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ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 1638 THE ZONING ORDINANCE OF THE
CITY OF COLLEGE STATION, TEXAS, BY ADDING SECTION 8.20 WIRELESS
TELECOMMUNICATION FACILITIES AND AMENDING CERTAIN SECTIONS AS SET
OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A
PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1:
That Ordinance 1638, The Zoning Ordinance for the City of College Station,
Texas, be amended as set out in Exhibit "~', attached hereto and made a part of
this ordinance for all purposes.
PART 2:
That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
PART 3:
That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a Class C misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor
Il..lo 1lovso-.d
more than Five II1:lRGred, Dollars ($2000.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its
publication in the, newspaper, as provided by Section 35 of the Charter of the City
of College Station.
PASSED, ADOPTED and APPROVED this_ day of
, 1997.
ATTEST:
APPROVED:
CONNIE HOOKS, City Secretary
LYNN McILHANEY, Mayor
Ordinance No._
2
EXlllBIT "A"
ADD SECTION 8.20
"8.20 WIRELESS TELECOMMUNICATION FACILITIES (WTF)
A. Purpose
The purpose of this section is to establish clear regulations pertaining to wireless
telecommunication facilities that are consistent with federal and state law. The City Council of
the City of College Station finds that:
It is in the public interest to promote competition in high quality telecommunications services and
the availability of broadband transmission services to all residences and businesses.
It is in the public interest for the City to protect the public safety and welfare, safeguard
community land values, promote orderly planning and development and preserve historic sites,
structures and areas. Wireless telecommunications facilities should not be allowed to detract
aesthetically.from the visual quality of surrounding properties or the City.
The proliferation of wireless telecommunications facilities negatively impacts the appearance and
character of the community. Therefore the City should endeavor to minimize the size, number
and' obtrusiveness of antennas and towers. Collocation and stealth technologies are strongly
encouraged to mitigate negative visual impacts and reduce the total number of towers within the
City.
B. WTF Use Categories
In order to expedite the siting and review process, WTF's have been divided into use categories.
The review process is more thorough as the intensity of the use increases.
1. UNREGULATED FACILITIES: The WTF's listed below are not regulated by this
ordinance and do not require review or approval. This does not exempt these facilities
from other applicable city codes, ordinances, and permits.
a. Direct-to-home service antenna, citizen's radio band antenna, amateur radio antennas.
b. Parabolic antenna less than 2 meters in diameter
c. Omni-directional antenna (whip antenna) 6" or less in diameter and not extending
more than 12' above support structure.
d. Directional antenna 1 meter or less measured across the longest dimension and not
extending over 12' above support structure.
e. Public safety tower or antenna
Ordinance No._
3
2. INTERMEDIATE FACILITIES:
a. New transmission tower less than 35 feet (10.5 meters) in height.
b. Parabolic antenna over 2 meters in diameter.
c. Omni-directional antenna (whip antenna greater than 6" in diameter and/or extending
12' above the support structure.
d. Directional antenna more than 1 meter measured across the longest dimension and
extending over 12' above support structure.
e. Attached WTF's.
3. MAJOR FACILITIES:
New transmission tower greater than 35 feet (10.5 meters) in height.
c. GENERAL REGULATIONS
1. ZONING
All Intermediate WTF' s are permitted in the following zoning districts.
A-O M-l C-l PDD (except PDD-H)
A-P R&D C-2 C-B
WPC NG C-3 M-2
Major WTF's are permitted in the following zoning districts:
M-2
Major WTF's are allowed in the following zoning districts with a Conditional Use Permit
as discussed in Section D.3 :
A-O M-l
A-P R&D
~C NQ.
C-l
C-2
C-3
~(exceptPD])-H)
~
2. SETBACKS
The standard setbacks for each zoning district will apply to WTF's with additional
setbacks or separation being required in the sections below. To protect citizens in their
homes, transmission towers shall be placed a distance equal to the height of the tower
away from any residential structure or R-l, R-IA, or R-2 zone boundary.
3. PROXIMITY TO MAJOR THOROUGHFARES
To preserve and protect the City's major thoroughfares and entrances to the City,
additional setbacks are placed on WTF's proposed to be placed near these areas. The
setback for these areas is determined by measuring from the centerline of the right-of-way
of the thoroughfare. Applicable thoroughfares include freeways and expressways, major
arterials and minor arterials, as shown on the Thoroughfare Plan.
Ordinance No._
4
a. Intermediate WTF's must be 150' from applicable thoroughfares.
b. Major WTF's must setback from applicable thoroughfares by the height of the
tower x 3.
4. SEPARATION BETWEEN TOWERS
In order to prevent tower proliferation and protect the City's natural beauty and skyline,
the number of towers per square mile has been limited. New towers must be placed a
minimum distance from existing towers as described here:
a. New transmission towers less than 35 feet (10.5 meters) in height shall be separated by
a minimum of the height of the tower multiplied by 50.
b. New transmission towers more than 35 feet (10.5 meters) in height shall be separated
by a minimum of the height of the tower multiplied by 25.
5. HEIGHT LIMITATIONS
All WTF's are subject to the normal height restrictions for each zoning district where
permitted by right. In any zoning district where a tower is a conditional use, the allowable
height is determined through the review of the visual impact analysis.
In no case shall a proposed transmission tower exceed 150' within the city limits, except
where a height variance is granted by the Zoning Board of Adjustments to allow a tower
or antenna that demonstrates a hardship that can only be remedied by locating on a
proposed site within the city limits.
6. LANDSCAPING, SCREENING, AND AESTHETIC STANDARDS
The following requirements shall govern any transmission tower or any parabolic antenna
larger than 2 meters.
a. Landscaping: Refer to Section 11 of the zoning ordinance. Plant materials and/or
fencing that effectively screens the WTF site from view of the public right-of-way will
be required.
b. New transmission towers shall maintain a flat (not shiny, reflective, or glossy) finish or
be painted in accordance with any applicable standards of the FAA (unfinished
galvanized steel is not acceptable).
c. If an antenna is installed on a support structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a neutral color that is
identical to, or closely compatible with, the color of the supporting structure so as to
make the antenna and related equipment as visually unobtrusive as possible.
d. WTF's shall not be artificially lighted with the exception of motion detectors as
security lighting, unless required by the FAA or other applicable authority. If lighting
is required, the City may review the available lighting alternatives and approve the
design that would cause the least disturbance to the surrounding properties.
e. Towers may not be used to exhibit any signage or other advertising.
Ordinance No._
5
7. SPECIAL DISTRICTS AND OVERLAY DISTRICTS
Special districts have been established in the City for the purpose of protecting their
historical significance and aesthetic qualities. In some cases, WTF's are allowed in these
areas with the following restrictions.
To preserve the aesthetic beauty and architectural significance and promote economic
growth, intermediate use WTF's (except new transmission towers) are allowed in the
listed districts. They shall be placed behind the imaginary front of the most major (largest
gfa) structure 011 site or behind any building face abutting a right-of-way. Additionally,
they must be located out of sight of public right-of-way either by screening, strategic siting
or stealth technology.
These requirements pertain to the following special districts:
1. N orthgate
2. Wolf Pen Creek
3. Overlay Districts
4. PDD (except PDD-H)
5. C-B
8. STEALTH TECHNOLOGY DESIGN
Any WTF with appropriate stealth technology design approved by the Planning & Zoning
Commission may be located in any zoning district. Approved WTF's do not have to meet
the additional setbacks for tower separation (section CA) or thoroughfares (section C.3).
9. ATTACHED WTF'S
WTF's 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 24 inches
from the surface of the building to which it is attached and does not raise the height of the
building more than 10 feet and does not violate the maximum height restriction of that
zoning district., The attached WTF must be textured and colored so as to blend with the
surrounding surface of the building.
D. REVIEW PROCESS
1. WTF REGISTRATION
All intermediate and major WTF's must be registered with the City. This will allow the
City to keep track of all WTF's within the city limits, facilitate the review process and aid
in long range planning.
2. SITE PLAN REVIEW Site plans shall be submitted pursuant to the provisions of Section
10 of the zoning ordinance. All property owners within 500 feet of any property line of
Ordinance No._
6
the host site for the WTF site shall be notified by the Planning Office. In addition to the
requirements set forth in Section 10, the following is required:
a. A WTF Facility Plan drawing that identifies the location, height, and type of all
existing applicant-owned wireless telecommunications facilities in Brazos County and
the proposed facility must be submitted.
b. The location, type, and height of the proposed facility. At least three collocation
alternatives to the applicant's development proposal along with proof of a genuine
effort in collocating' on or .attaching to an existing support structure. A certified letter
addressed to potential lessors is required in addition to evidence that demonstrates that
no existing tower or support structure can accommodate the applicant's proposed
WTF." Any of the following may be submitted as evidence:
(1) No existing structures are located within the geographic area required to meet
applicant's engineering requirements.
(2) Existing structures are of insufficient height to meet applicant's engineering
requirements.
(3) Existing structures do not have sufficient structural strength to support
applicant's proposed antenna and related equipment.
(4) Electromagnetic interference would be caused between the proposed and
exis~ing facilities.
(5) The · fees, costs, 'or contractual provisions required by the owner in order to
share an existing structure or to adapt an existing support structure for sharing
exceed those for new tower development.
(6) The. applicant demonstrates that there are other limiting factors that render
existing structures unsuitable.
c. A visual impact analysis, presented either with drawings or photographs. Four views
or elevatioIls shall be submitted looking toward the site (typically north, south, east
and west), including site ..all(~ .the surrounding properties measured from the center
point · of the tower out to, a distance equal to three times the height of the proposed
tower. This drawing will depict a "skyline" view showing the entire height of the
proposed tower and the structures, trees, or any other objects contributing to the
skyline profile. The propqseditower, drawn to scale, should be included in the view.
d. Certification of complia~ce. with FCC regulations and emission standards.
e. Notification of an imp~rtding Environmental Assessment required by the National
Environmental Protection Agency (NEP A) and a copy when the assessment in
completed.
f. A letter addressed to the City declaring an intent and willingness to construct a
proposed tower that would allow at least 2 other service providers to locate there.
3. CONDITIONAL USE PERMITS Some major WTF's must receive a conditional use
permit (CUP) (section C.l) under the procedures set forth in Section 14 of the zoning
ordinance. In addition to the standard guidelines, the following additional factors shall be
considered by the Planning & Zoning Commission when determining whether to grant a
CUP for WTF's:
Ordinance No._
7
a. height of the proposed tower, surrounding topography and surrounding tree coverage
and foliage as they relateto:
(1) skyline impact, examining whether the proportions of the structure appears to
dominate or blend in with the surrounding environment
(2) shadow impact, whether or not the proposed tower will cast shadows that would
prevent the reasonable use or enjoyment of surrounding properties
b. design of the tower, with particular reference to design characteristics that have the
effect of reducing. or eliminating visual obtrusiveness
c. proximity of the tower to residential' structures and residential district boundaries
d. economic impact on adjacent and. nearby properties
e. proposed ingress and egress
f. availability of suitable alternatives and/or existing support structures
E. ABANDONMENT
Any WTF that is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such a facility shall remove same within 60 days of receipt of notice
from the.City notifying owner of such abandonment. If such facility is not removed within said 60
days, the City may, remove such facility at the property owner's expense. If there are two or
more users of a single WTF, then this provision shall not become effective until all users cease
operations on the tower."
Siting Regulations
- establishes which zoning districts will allow telecom towers - most
commercial dists., prohibited from residential zones
,
- setbacks protect residential structures and property, and reduce impact on
major thoroughfares
.. requires a separation between towers to prevent proliferation and visual
impacts (4-5 towers / sq mile) ~,I - II ()' K l./ S-
- encourages new equipment to co-locate on existing towers, buildings, or
other structures
- minimizes visual impact.....
- abandonment policy ensures vacant towers will be removed.
Application Review
- Registration
- Site Plan Review
- Conditional Use Permit
Background
- Current ordinance adopted in 1994
... Telecom Act of 1996 limits local zoning authority
- New towers installed with some controversy and concern from residents
- CAC discussion
- P&Z discussion - input and concerns about towers in College Station
- Coordination with Bryan, found out Bryan was also developing a new
telecom. ordinance, got together to share ideas, both agreed it was important
to have similar ordinances.
- Bryan's draft was sent to local service providers with a survey, minimal
criticism.
- Focus group with College Station residents and staff developed an
ordinance that serves the interests ofC.S. and coordinates with Bryan's
- Reviewed by staff and Legal Department.
Purpose of Ordinance
- EnsurecoDlpliance with Telecom Act
- Protect health, safety and welfare of residents ofC.S.
- Minimize the visual impact of telecom towers
- Establish clear guidelines to aid staff and the Commission in making
appropriate decisions regarding new telecom facilities
- Ensure efficient processing of applications, record keeping and tracking of
facilities.
Ordinance No._
8
ADD TO SECTION 2:
"ANTENNA: Any system of poles, panels, rods, reflecting discs, or similar devices used for the
transmission or reception of radio frequency signals.
Omni-directional antenna ("whip" antenna) - transmits and receives radio frequency
signals in a 360 degree radial pattern.
Directional antenna ("panel" antenna) - transmits and receives radio frequency signals in a
specific directional pattern of less than 360 degrees.
Parabolic antenna ("dish" antenna) - is a bowl-shaped device for the reception and/or
transmission of radio frequency signals in a specific directional pattern.
ATTACHED WIRELESS TELECOMMUNICATION FACILITY: A wireless
telecommunication facility that is affixed' an existing structure that is not primarily used for the
support or attachment of a wireless telecommunication facility and is not a normal component of
such a facility.
COLLOCATION: When more than one wireless telecommunications provider shares a wireless
telecommunications support structure.
DIRECT-TO-HOME SERVICES: The distribution or broadcasting or programming or services
by satellite directly to the subscriber's premises without use of ground receiving or distribution
equipment, except at the subscriber's premises or in the uplink process to the satellite; examples
are direct broadcast satellites (DBS), multichannel multipoint distribution (MMDS), and television
broadcast stations (TVBS).
SERVICE PROVIDER: Any company, corporation, alliance, individual or other legal entity that
provides a wireless telecommunication service directly to the public for a fee or to such classes of
users as to be effectively available directly to the public regardless of the facilities used; services
include, but are not limited to portable phones, car phones, pagers, digital data transmission, or
radio or television communications.
STEALTH TECHNOLOGY or FACILITY: Design technology that blends the wireless
telecommunications facility into the surrounding environment; examples of stealth facilities
include but are not limited to architecturally screened roof-mounted antennas, building-mounted
antennas painted and/or textured to match the existing structure, antennas integrated into
architectural elements such as church spires or window wall, and antenna structures designed to
resemble light poles or flag poles.
TRANSMISSION TOWER: A wireless telecommunications support structure designed primarily
of the support and attachment of a wireless telecommunications facility. Transmission towers
include:
Ordinance No._
9
Monopole tower - A self-supporting structure composed of a single spire used to support
telecommunications antenna and/or related equipment.
Lattice tower - A self-supporting three or four sided, open, steel frame structure used to
support telecommunications antenna and/or related equipment.
Guyed tower - an open, steel frame structUre that requires wires and anchor bolts for
support.
WIRELESS TELECOMMUNICATION FACILITY (WTF): An unstaffed facility operating for
the transmission and reception of low-power radio signals consisting of an equipment shelter or
cabinet, a support structure, antennas and related equipment."
REPEAL FROM SECTION 2:
"TELECOMMUNICATIONS TOWER, COMMERCIAL: A structure built to support one or
more antennae for receiving and/or transmitting electronic data or telephone communications.
This defiI).ition d.oes not include amateur radio stations, satellite dish receivers, or emergency
broadcastmg statlOns.
(As amended by Ordinance No. 2068 dated May 26, 1994)"
REPEAL FROM SECTION 7.1
"C. CONDITIONAL USES PERMITTED: The following conditional uses may be allowed in
addition to any uses allowed under Section 8.12:
Telecommunications Towers which conform to all setback r~uirements of this zoning
district, which are within the reasonable height restrictions set by the Commission, which
do not jeopardize the health, safety or we1fare of the public -by their presence in the
proposea location, which are conSIstent with the S,JJ irif, intent and objectives of this
ordmance, and which do not negatively damage, af:fect, or curtail the surrounding land
uses. In making such determinatlOn, tne Commission the height, setback from buildings
on adjoining properties, the overall construction of the tower, and possible screening of
the base of the tower.
(As amended by Ordinance No. 2068 May 26, 1994)"
ADD TO SECTION 7.1
"C. CONDITIONAL USES PERMITTED: Refer to Section 8.12."
REPEAL FROM SECTION 7.12.D
"Telecommunications Towers which conform to all setback r~uirements of this zoning
district, which are within the reasonable h,eight restrictions set by the Commission, whicli
do not jeopardize the health, safety or we1fare of the public l>y their presence in the
proposeO location, which are conSIstent with the spirif, intent and objectives of this
Ordinance No._
10
ordiIlance,and which do not negatively damage, affect, or curtail the surrounding land
uses. In making such determinatlOn, the Commission the height, setback from buildings
on adjoining properties, the overall construction of the tower, and possible screening of
the base of the tower. ,
(As amended by Ordinance No. 2068 dated May 26, 1994)"
REPEAL FROM SECTION 7.16.D
"Telecommunications Towers which conform to all setback r~uirements of this zoning
district, which are within the reasonable height r,estrictions set by the Commission, whicli
do not jeopardize the health, safety, or welfare of the public oy their presence in the
proposeO location, which are conSIstent with the spirif, intent and objectives of this
ordmance, and which do not negatively damage, affect" or curtail the surrounding land
uses. In making such determinatlOn, the Commission the height, setback from buildings
on adjoining properties, the overall construction of the tower, and possible screening of
the base of the tower.
(As amended by Ordinance No. 2068 May 26, 1994)"
REPEAL FROM SECTION 7.17.B
"Telecommunications Towers
(As amended by Ordinance No. 2068 May 26, 1994)"
[[)UJ&~~
ORDINANCE NO.
(tlJAL
,yl(l11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRYAN, TEXAS, AMENDING
ORDINANCE NO. 756,THE CITY OF BRYAN COMPREHENSIVE ZONING ORDINANCE AS
AMENDED BY ADDING SECTION 23A TO ESTABLISH STANDARDS FOR THE SITING OF
WIRELESS TELECOMMUNICATION FACILITIES, INCLUDING ANTENNAS AND TOWERS.
WHEREAS, the City Council of the. City of Bryan, Texas finds that it's current Zoning
Ordinance governing uses does not fully address standards for wireless telecommunication
facilities; and
WHEREAS, consistent with federal and state law, the City endeavors to protect the public
safety and welfare, promote high quality telecommunication services and opportunities,
safeguard community land values, promote orderly planning and t1evelopment, and minimize
the size, number and obtrusiveness of antennas and towers, and preserve historic sites,
structures; and
WHEREAS, this revision establishes standards for wireless telecommunication facilities in the
City, that protect the integrity of surrounding neighborhoods, businesses, and historic
districts through design and operational criteria; and
WHEREAS, the City Council of Bryan, Texas endeavors to protect the aesthetic beauty of the
City;. and
WHEREAS, the Bryan Zoning Ordinance does not provide for a means of complying with the
Federal Telecommunications Act of 1996, does not provide an efficient application process to
promote the progress oftelecommunications in the City, and does not provide a thorough
screening and siting process that will protect both the telecommunications provider and the
public health, safety and welfare as it pertains to the locating of wireless telecommunications
facilities, the City Council of Bryan has determined that this ordinance should be passed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BRYAN, TEXAS, THAT:
1.
The City Council finds and determines the foregoing recitals to be true and correct and hereby
makes them part of this Ordinance.
2.
This ordinance reflects the Carver Governance Policy, adopted by the City Council of Bryan.
All policy herein, is derived from the End Statements prQmulgated by the Carver Governance
Policy.
Policy Guiding The Site Development Process
1. The City will provide a thorough and efficient site development process to facilitate
telecommunications progress in the community.
2. The City will protect the health, safety and general welfare of it's citizens by minimizing negative
siting impacts, insuring structural integrity as well as compliance with any higher governing entity.
3. Anywireless telecommunication facility with minimal impact on it's surroundings, including certain
small. parabolic antenna heavily preempted. by the FCC, attached facilities, and other minor
facilities shall be allowed with reduced discretionary requirements requiring either no City review
or the completion of a simple WTF registration at the Planning Services Office.
11/06/97
Page 1
[IDOO~~u
Policy Guiding WTF Impact on Surrounding Properties
Economic Impact:
1. Wireless telecommunication facilities will not adversely affect the economic viability of
surrounding properties. It is the burden of the affected property owner to present proof of
negative economic impact to the City.
Visual Impact:
1. Wireless telecommunication facilities will not adversely affect the visual quality of surrounding
properties.
2. The City will encourage the use of stealth technology to reduce negative visual impacts.
3. The City will preserve and manage the appearance of it's major vehicular entrances (gateways)
and thoroughfares into or through the city.
4. Wireless telecommunication facilities shall not be allowed to detract aesthetically from or destroy
any city resource where visual. impact is primary to the function of the resource (Le. historic,
architectural, or other overlay districts, isolated historically or architecturally significant structures,
private parks, water resources,cemeteries)
5. Collocation will be encouraged to mitigate negative visual impacts ~nd reduce the total number of
towers within the City.
6. WTFs are encouraged to attach to existing support structures whenever possible.
Impact of noise or light:
7. Noise or lighting generated from the location or operation of a wireless telecommunication facility
shall not disturb or prevent the operation of any proximal land use in the manner in which it was
intended.
3.
are hereby repealed and are no longer of any force and effect.
Sections
4.
That Ordinance No. 756 known as the Zoning Ordinance of the City of Bryan, Texas is hereby
amended by adding Section 23A as follows:
23A.1 Definitions
alteration-
any modification, replacement, or reconstruction that materially increases the height or
any other dimension of a WTF
any system of poles, panels, rods, reflecting discs or similar devices used for the
transmission or reception of radio frequency signals
1. . Omni-di~ctional antenna (also known as a "whip" antenna) transmits and receives
radio frequency signals in a 360 degree radial pattern
2. Directional antenna (also known as a "panel" antenna) transmits and receives radio
frequency signals in a specific directional pattern of less than 360 degrees
3. Parabolic antenna (also known as a "dish" antenna or satellite dish) is a bowl-shaped
device for the reception and/or transmission of radio frequency signals in a specific
directional pattern
antenna-
11/06/97
Page 2
attached wireless
telecommunication facility-
collocation-
compound-
direct-to-home services-
existing support structure-
FAA-
FCC-
height-
historic resource-
Intermediate facility-
major facility-
minor facility-
public safety tower
related equipment-
service provider-
stealth technology or stealth
facillty-
transmission tower-
11/06/97
fIDmill~IT
a wireless telecommunication facility that is affixed to an existing structure that is not
primarily used for the support or attachment of a wireless telecommunication facility and
is not a normal component of such a facility
when more than One wireless telecommunications provider shares a wireless
telecommunications. support structure
the fenced WTF area which may be a portion of a parcel or site, or the entire parcel or
site
the distribution or broadcasting or programming or services by satellite directly to the
subscriber's premises without use of ground receiving or distribution equipment, except
at the subscriber's premises or in the uplink process to the satellite; examples are direct
broadcast satellites (OBS), multichannel multipOint distribution (MMOS), and television
broadcast stations (TVBS)
any structure existing prior to the adoption of this Ordinance that currently supports or
can support a wireless telecommunication facility
Federal Aviation Administration
Federal Communications Commission
the distance measured from ground level at the base of a wireless telecommunication
facility to the hightest point on the facility including any antenna or related equipment
any district..structure or site designated as historically significant by any lawfully
authorized local, state or federal historic preservation entity or govemmental entity,
including the City
A WTF measuring no more than 110 feet (or 33 meters) but greater than 35 feet (or 10.5
meters) in height
A WTF measuring greater than 110 feet (or 33 meter,;) in height
A WTF measuring 35 feet (or 10.5 meters) or less in height (includes private or
commercial ham radio operators, repeaters, whip, directional, or parabolic antennas or
any other small antenna facility)
A tower used for transmission and reception of communications used as a normal
function in the conduct of public safety operations, including but not limited to police, fire,
emergency medical services, or civil defense
all equipment or structures ancillary to the transmission and reception of voice and data
via radio frequencies; such equipment or structures may include, but is not limited to,
cable, conduit and connectors, cabinets, and fencing
any company, cgrporation, alliance, individual or other legal entity that provides a
wireless telecommunication service directly to the pUblic for a fee or to such classes of
users as to be effectively available directly to the pubic regardless of the facilities used;
services include,but are not limited to portable phones, car phones, pagers, digital data
transmission. or radio or television communications.
design technology that blends the WTF into .the surrounding environment, so it is
unrecognizable as a telecommunications facility; examples of stealth facilities include
but are not limited to architecturally screened roof-mounted antennas, building-mounted
antennas painted to match the existing structure, antennas integrated into architectural
elements such as church spires or window wall, and antenna structures designed to
resemble light poles or flag poles
a wireless teleCC)mmunications support structure designed primarily for the support and
attachment of a wireless telecommunications facility. Transmission towers include:
1. monocole tower-a self-supporting structure composed of a single spire used to
support telecom,,"unications antenna and/or related equipment
2. lattice tower-a self-supporting three or four sided, open, steel frame structure used to
support telecommunications antenna and/or related equipment
3. . auved tower-an open, steel frame that requires wires and anchor bolts for support
Page 3
[IDwffi~u
support structure-
any structure that supports a wireless telecommunication facility; support structure types
include, but.are not limited to, any existing or newly constructed structure such as
buildings, water towers, light poles, stanchions, monopoles, lattice towers, wood poles
or guyed towers.
an unstaffed facility operating for the transmission and reception of low-power radio
signals consisting of an equipment shelter or cabinet, a support structure, antennas (e.g.
omni-directional, panel/directional, or parabolic) and related equipment
wireless telecommunication
facility (WTF)-
23A.2 Zoning for WTFs
A. WTF Use Categories
Wireless telecommunication facilities are allowed and encouraged to locate in the City of Bryan. In
order to expedite the siting process for WTFs and to accommodate the various regulations for
handling these facilities according to the FCC, the Planning Services Staff has determined three
general use Categories for WTFs. The Use Categories are Minor Facility, Intermediate Facility, and
Major Facility as follows:
1. Minor Facility -
a. a new transmission tower 35 feet (or 10.5 meters) or less in height
b. parabolic antenna 1 meter or less
c. parabolic antenna. over 1. meter and less than or equal to 2 meters
d. omni-directional antenna (whip antenna) 6" in diameter or less and not extending over 12'
above support structure
e. directional antenna 1 meter or less measured across the longest dimension and not
extending over 12' above support structure
f. direct-to-home service antenna and citizen's radio band antenna
g. stealth facility 35 feet (or 10.5 meters) or less in height
2. Intermediate Facility -
a. a new transmission greater than 35 feet (10.5 meters) and less than or equal to 110 feet
(33 meters) in height
b. parabolic antenna over 2 meters
c. omni-directional antenna (whip antenna) greater than 6" in diameter and/or extending 12'
above the support structure
d. directional antenna over 1 meter measured across the longest dimension and extending
over 12' above support structure
e. stealth facility greater than 35 feet (10.5 meters) and less than or equal to 110 feet (33
meters) in height
3. Major Facility -
a. a new transmission tower greater than 110 feet (33 meters) in height
b. stealth facility greater than 110 feet (33 meters) in height
The WTF Siting Matrix (Section 23A.2.F) shows the various WTF. Use Categories, Review Processes,
and Zoning for those categories.
B. Height Limitations
All WTFs are subject to the normal zoning height restrictions for each zoning district where permitted
by right. In any zoning district where a tower isa conditional use, the allowable height is determined
through the review of the visual impact analysis, with the maximum permitted heights for WTFs being
determined by the use categories.
In no case shall a proposed transmission tower exceed 200' within the city limits of Bryan, except
where a height variance is granted by the Zoning Board of Adjustment~ to allow a tower or antenna
11/06/97
Page 4
@fJdfA1~rr
that demonstrates a hardship that can only be remedied by locating on a proposed site within the city
limits.
C. Tower Siting Along Major Thoroughfares and Gateways
In an effort to preserve and protect the City's major thoroughfares and gateways (Section ....) into the
City, this ordinance places additional setbacks on.WTFs potentially locating in or near these areas.
The setback for these areas is determined by measuring from the centerline of the right-of-way of any
highway, arterial, or collector on either side running along the length of the right-of-way. Refer to the
WTF Siting Matrix (Section23A.S.F).
Exception: All direct-to-home services, citizen's band radio, and all stealth facilities
O. Siting in OverlayOistricts
Certain, more intense WTFs are not allowed in the overlay districts where their presence would
destroy or detract from the aesthetic beauty, historic significance, or safety and general welfare of the
properties located 'therein. Some WTFs are allowed but must adhere to stricter siting policy such as
increased setbacks, distance from. nearby residential uses, or screening. Refer to the WTF Siting
Matrix (Section23A.S.F).
Exception: All direct-to-home services, citizen's band radio, and all stealth facilities
E., Separation Between Towers
The City desires to protect it's natural beauty and skyline by limiting the number of towers per square
mile. Densities for towers are calculated using the following:
For minor facilities, towers shall be separated by a minimum of the height of the tower multiplied by 50.
For intermediate facilities, towers shall be separated by a minimum of the height of the tower multiplied by 45.
For major facilities, towers shall be separated by a minimum of the height of the tower multiplied by 25.
Exception: Stealth facilities
23A.3 The Site Development Processes
A. Review Processes
The Planning Services Division has 4.(four) review processes, which may apply to the development
of WTFs.
1. Platting-The normal platting requirements as required by the City of Bryan Subdivision
Ordinance and the Texas Local Government Code shall apply to WTFs.
2. WTF Registration.. This process is required for certain minor use subcategories and all
intermediate and major subcategories with the exception of direct-to-home services and
citizen's band radio. The applicant can register by submitting the appropriate information to
the Planning Services Department. This information will be used to aid in long range
planning.
3. Site OevelopmentReview Committee (SORC)- This committee is the main body
overseeing site design and development forthe City. They may implement any of the site-
specific criteria set forth in this Ordinance in addition to other Local Government Codes and
Ordinances.
11/06/97
Page 5
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To make application for site, review, the following is required:
a. completed Application for Site Review and application fee submitted to the Planning
Services Department.
b. WTF Facility Plan-a drawing and any supporting documents that identifies
. the location of existing applicant-owned wireless telecommunication facilities in
Brazos County and
. the type and height of each existing facility
. the current proposed facility
. the type and height of the proposed facility
. at least three collocation alternatives to the applicant's own development along with
proof of a genuine effort in collocating on or attaching to an existing support
structure; a certified letter addressed to potential lessors is recommended in addition
to ,evidence that demonstrates that no existing tower or support structure can
accommodate the applicant's proposed WTF. Any of the following may be submitted
as evidence:
i No existing structures are located within the geographic area required to
meet applicant's engineering requirements.
ii Existing structUres are of insufficient height to meet applicant's engineering
requirements.
iii Existing structUres do not have sufficient structural strength to support
applicant's proposed antenna and related equipment.
iv The applicant's proposed antenna would cause electromagnetic interference
with the ant~nna on the existing structures, or the, antenna on the existing
structures WQ~ldcause interference with the applicant's proposed antenna.
v The fees, costs, or contractual provisions required by the owner in order to
share an exi$tingstructure or to adapt an existing support structure for
sharing are Qhreasonable. Costs exceeding those for new tower
developmen~.are presumed to be unreasonable.
vi Theapplica~tdemonstrates that there are other limiting factors that render
existing struc::tures unsuitable.
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It is not necessary to reveal future plans or locations for additional proposed
facilities. The plan will aSsist the city in understanding the need for any new wireless
telecommunication facility, assess the land use impacts, ar.ld aid in comprehensive land
use planning.
c. visual impact analysis; ,presented by one of two methods, photographs or drawings;
In either case, four viewspr elevations shall be submitted looking toward the site
(typically, north, south,e~st, and west) including site andthe surrounding properties
measured from thecente,r point of the tower out to a distanceequalto three times the
height of the, proposedto""er. This drawing will depict a "skyline" view showing the entire
height of the proposed to"rer and the surrounding structures, trees, or any other objects
contributing to the skyline!profile. The applicant should draw the proposed tower directly
on the photographs inbl~p~ ink.
d. proof of compliance wi~~FCC regulations
e. notification of an ,mp,.,~ing Environmental Assessment required by the National
Environmental Protection!~~ency (NEPA) and a copy when the Assessment is completed
f. a letter addressed to, th~c:ity declaring an intent and willingness to build out a
proposed tower to 'illlbW ~t"!east 2 other service providers
g. copies of a site pl~n(th~~ite plan is not the same as the WTF Facility Plan) as per Site
Development ReviewCol'1'1rpittee requirements; including signature lines for both the
owner of the WTF cmd/o~jh!eowner of the property indicating an agreement to remove
the entire WTF and any related equipment within 60 days of abandonment
Any information of an engineering nature that the applicant submits, whether civil,
mechanical, or electrical shall be certified bya licensed professional engineer.
11/06/97
Page 9
@lXJLJj~1J
Upon receipt of the' above items, the Site Development Review Committee will process the
application and review the site plan. Upon SDRC approval, and where a Conditional Use
Permit is required, the site plan will be forwarded along with a Planning Services staff
recommendation to the Planning and Zoning Commission for consideration.
3. Conditional Use Permit (Planning and Zoning Commission Review)- Some minor
transmission towers and all intermediate and major transmission towers require a Conditional
Use Permit (CUP) from the Planning and Zoning Commission. The Planning and Zoning
Commission may place additional conditions on the site where it deems necessary to do so
to protect the health, safety and general welfare of the public and where such conditions will
promote and'uphold the City Council Carver Governance Policy. The criteria in Section 22.4
of the Zoning Ordinance will govern the issuance of Conditional Use Permits for WTFs.
In addition to the standard criteria the following additional factors shall be considered when
determining whether togranta Conditional Use Permit for WTFs:
a. height ofthe proposed tower, surrounding topography and surrounding tree coverage
and foliage as they rel~te to-
i.skyline impact, examining whether the proportions of the structure appear to "loom"
over or blend in with the surrounding environment and
ii. shadow impact, whether or not the proposed tower will cast shadows that would
prevent the, reasonable, use or enjoyment of surrounding properties
b. design of the tOWer, with. particular reference to design characteristics that have the effect
of reducing or eliminating visual obtrusiveness
c. proximity ofthe.tower to residential structures ,and residential district/boundaries
d. economic impact on adjacent and nearby properties
e. proposed ingre~sl:md egress
f. availability of sllitablealternative, existing support structures
B. Site Development Criteria forWTFs
The site development requirements for WTFs follow the normal standards for any other type of
development according to City of Br'yan Local Code and Ordinances. However some additional
standards apply to these sites as follows:
1. additional setbacks and separation requirements -WTFs are not required to comply with the
standard setbacks for each zoning district but shall comply witti Section 24, Screening Fence
Standards, which requires that a fenc.e of certain height be setback from the street paving.
Some additional setbacksqrseparation shall be required depending on the type of WTF and
the potential location of that facility. Refer to the WTF Siting Matrix (Section23A.S.F).
a. To protect citizens. in their homes, transmission towers shall be placed a tower height
distance away from an~~esidential structure or residential zone boundary.
b. To minimize the number of towers per square mile, a tower shall be placed a minimum
distance from all other towers.
c. To protect City thorougnrares and gateways, a WTF shall be placed a specified distance
from.the centerline.ofsyeh designated areas.
d. To protect the architectu~al beauty and significance of certain overlay districts, certain
WTFs shall be placed atar behind the imaginary front Une of the most major (largest gfa)
structure on site.
2. security fencing -Towers shall be enclosed by security fencing not less than 6' (feet) in height
and shall also be equipped with an appropriate anti-climbing device.
3. special aesthetic and lighting standards -
11/06/97
Page 10
@Wl1Jifu
a. New transmission towers shall maintain a galvanized steel finish or be painted in
accordance with any applicable standards of the FAA. .
b. The design of the related buildings and equipment shall, to the extent possible, use
materials, colors, textures, screening, and landscaping that will blend the facility to the
natural setting and built environment.
c. If an antenna is installed on a support structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a neutral color that is identical
to, or closely compatible with, the color of the supporting structure so as to make the
antenna and related equipment as visually unobtrusiveness as possible.
d. WTFs shall not be artificially lighted with the exception of motion detectors as security
lighting, unless required by the FAA or other applicable authority. If lighting is required,
the City may review the available lighting alternatives and approve the design that would
cause the least disturbance to the surrounding properties.
4. landscaping and screening -The following requirements shall govern the landscaping and
screening for a transmission tower or any parabolic antenna larger than 2 meters.
a. Tower compounds shall be landscaped with a buffer of plant materials that effectively
screens the base of the WTF site from view of public right-of-way. The standard buffer
shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the
compound. A screening fence may be used in part to scre~n a WTF, but must be in
addition to the required landscaping.
b. Certain parabolic dishes attached to the ground shall be screened from public right-of-
way by a combination of siting at or behind the imaginary front line of the most major
structure on site (largest in gross floor area) and landscaping a four (4) feet wide strip
between ,the dish and right-of-way. Refer to the WTFSiting Matrix (Section23A.S.F).
c. Existing mature tree growth and natural landforms on the site shall ,be preserved to the
maximum extent possible. In some cases, where towers are sited on large, wooded
parcels, natural growth around the site perimeter may be a sufficient buffer.
d. It is the responsibility of the WTF owner to maintain any required 'landscaping.
5. parking and access -all proposed transmission towers shan provide a point of access from
right-of-way which is in conformance with City driveway standards. No off-street parking is
required.
23A.4 Abandonment
AnyWTF that is not operated for a continuous period of 12 (twelve) months shall be considered
abandoned, and the owner of such a facility shall remove same within 60 (sixty) days of receipt of
notice from the City notifying owner of such abandonment. If such, facility is not removed within said
60 (sixty) days, the City may, in the manner pr()vided in Sections of the Bryan City Code,
remove such facility at the property owner's expense. If there are two or more users of a single WTF,
then this provision shall not become effective until all users cease operations on the tower.
23A.5 Appeals
5.
That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict.
6.
11/06/97
Page 11
@m!M~1f
The Code of the City of Bryan, Texas, as amended, shall remain in full force and effect, save and
except as, amended by this Ordinance.
7.
Should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared
unconstitutional or invalid for any purpose by a court of competent jurisdiction, the remainder of this
ordinance shall not be affected thereby and to this end the provisions of this Ordinance are declared
to be severable.
8.
It is hereby found and determined that the meetings atwhich this ordinance was passed were open to
the public, as required by Section 551.001 et seq., Texas Government Code, and that advance public
notice of time, place and purpose of said meetings was given.
9.
A person who violates any section of this ordinance is guilty of a misdemeanor and upon conviction is
punishable in accordance with Section 1-14 of the Bryan City Code.
10.
That the City Secretary is directed to publish this ordinance in a newspaper of general circulation in
the City of Bryan once a week for two consecutive weeks in accordance with the provisions of Section
9 of the City Charter, which publication shall be sufficient if it contains the title, penalty, and effective
date of this Ordinance.
11/06/97
Page 12
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