City of Harker Heights
In the City of Harker Heights, antenna regulations are part of the
Harker Heights Code
of Ordinances. The relevant section is Chapter 157
"Broadcasting and Telecommunications Towers". This is a
very long chapter, and anyone interested should read it in its entirety.
§157.01 PURPOSE AND APPLICATION
(A) This chapter is adopted to:
(1) Allow broadcasting or reception towers or antennas that are intended
for transmitting or receiving television, radio, cellular, or telephone
communications to be situated on non-residential sites;
(2) Establish guidelines for the location of towers and antennas;
(3) Encourage the joint use of new and existing tower sites;
(4) Balance the need of providers of telecommunications services to provide
quick, effective, and efficient service with the safety and welfare of
the public pursuant to federal law; and
(5) Promote the attractive installation of broadcast or reception
facilities in a manner which is in harmony with surrounding land uses.
(B) This chapter shall not apply to any wireless telecommunication facility
for which a permit has been properly issued prior to the effective date
hereof, unless either the facility itself or the use thereof is hereafter
discontinued or altered. Upon alteration of such facility or the use
thereof or in the event that the facility is to be used again after such
use is discontinued, the facility must first comply with all applicable
provisions of this chapter.
(C) The following are exempt from regulation under this chapter:
(1) An antenna used exclusively for dispatch communications by a public
emergency agency;
(2) Home use of an accessory antenna or satellite dish which receives
radio or television broadcast signals, or internet access; and,
(3) An amateur radio antenna not exceeding by more than five feet the
maximum permitted building height of the zoning district within which
it is located.
(Ord. 2001-14, passed 4-10-01)
§157.02 DEFINITIONS
Unless the contrary is stated or clearly appears from the context, the
following definitions shall govern the construction of the words and phrases
used in this chapter:
DIRECTOR. Means the Director of Planning and Development.
HIGH IMPACT WIRELESS TELECOM- MUNICATION FACILITY. An exterior apparatus
designed for telephonic, radio, or television communication through the
transmission or reception of electromagnetic waves which consists of one or
more antennas mounted on a freestanding tower that exceeds five feet above
the maximum permitted building height of the applicable zoning district. The
term does not include an antenna structure used exclusively for dispatch
communications by a public emergency agency.
LOW IMPACT WIRELESS TELECOM- MUNICATIONS FACILITY. An exterior apparatus
designed for telephonic, radio, or television communication through the
transmission or reception of electromagnetic waves, and which consists of
any of the following:
(1) An antenna mounted as an accessory on a building, water tower, lighting
standard, electric utility transmission tower, or other tall structure
having another primary function allowed in the zoning district within
which it is located;
(2) An antenna mounted on an existing tower that already supports one or
more telecommunication antennas; or
(3) An antenna mounted on a freestanding tower, which tower does not extend
more than five feet above the maximum building height of the zoning
district within which it is located.
(Ord. 2001-14, passed 4-10-01)
§157.03 ZONING; APPROVAL REQUIRED
(A) Except as set forth in division (C) of this section, any high impact
wireless telecommunication facility constructed after the effective date
of this chapter is permitted only in the B5, MI, and M2 zoning districts,
and shall require a Conditional Use Permit. Only monopole-type towers
shall be permitted.
(B) Low impact wireless telecommunication facilities are allowed in all
zoning districts upon receipt of an administrative permit from the
Director as set forth in section 157.04.
(C) A wireless telecommunications facility which is to be added on a
previously permitted tower , antenna, budding, or other structure, which
complies with this chapter and which will not violate the height
restrictions applicable to such structure in the zoning district where
the facility is located, shall not require a Conditional Use Permit, but
shall require an administrative permit as set forth in section 157.04.
(Ord. 2001-14, passed 4-10-01)
§157.04 ADMINISTRATIVE PERMIT APPLICATION PROCEDURE.
(A) Where an administrative permit is required by section 157.03, the
following procedures shall apply.
(1) An application shall be filed with the Director upon such form as the
Director may require, together with a non-refundable filing fee
established by the City Council. The Director may require the applicant
to submit any information required to be submitted in connection with
an application pursuant to section 157.05.
(2) The Director shall approve an application if the proposed facility
complies with the applicable provisions of this chapter and all other
applicable laws and regulations. The Director shall approve or deny
the application within 30 days after the request is filed. If the
application is not denied within the 30 day period, then it shall be
deemed approved. The Director shall promptly send written notice to the
applicant if the application is approved.
(3) If the application is denied, the Director shall promptly notify the
applicant in writing of such determination, of the reasons for the
denial, and of any right to appeal the determination. Any decision by
the Director to deny a request for administrative approval under this
section shall be in writing and supported by substantial evidence
contained in a written record.
(4) If the application is denied, the applicant may appeal the decision of
the Director to the Planning and Zoning Commission and the City Council
by filing a written notice of appeal with the Director within ten days
of the notice of denial. An appeal under this section shall be processed
in the same manner as a request for a Conditional Use Permit pursuant
to section 157.05(B) and (C), with applicable time limits running from
the date the notice of appeal is filed with the Director.
(Ord. 2001-14, passed 4-10-01)
§157.05 CONDITIONAL USE PERMIT APPLICATION PROCEDURE
(A) Any person required by this chapter to obtain a Conditional Use Permit
(CUP) shall file a verified application with the Planning and Development
Department upon a form approved by the Director, together with a
non-refundable filing fee established by the City Council. A detailed
Site Plan shall be submitted with the CUP application for each
telecommunication facility location, and all drawings and specifications
shall be prepared and sealed by a registered professional engineer. At a
minimum, the application shall contain the following:
(1) Location of the proposed telecommunication facility, including the
zoning and land use of adjacent property.
(2) All significant structures within one half mile of the proposed
telecommunication facility location. Significant structures include all
publicly or privately owned buildings or structures (excluding utility
poles), and street or traffic light standards which are over 75 feet
in height.
(3) Photo or architectural simulation of the proposed telecommunication
facility development site from adjacent properties and rights-of-way.
(4) A detailed landscape/screening plan to include the complete pad site.
(5) Name, address, and telephone number of the person or entity responsible
for removal of the telecommunication facility in the event of
abandonment.
(6) Copies of application or approval from any applicable regulatory body,
including the Federal Aviation Administration or Federal Communications
Commission.
(7) Explanation justifying the requested height of the tower/antenna.
(8) If the application is for a new freestanding tower, the applicant shall
provide an inventory of its existing towers within the city and the
city's extraterritorial jurisdiction, including specific information
about the location, height, and design of each such tower and the
number of antennas that may be supported by these towers.
(9) If applicable, a statement that, despite a diligent effort, the
applicant has been unable to secure permission to co-locate on any
structure identified in division (A)(2) of this section.
(10) Such supplemental information which the Director shall deem reasonably
necessary in order to determine whether to approve or disapprove a
permit authorizing construction of the proposed facility.
(B) Once it has been properly completed, the application shall be accepted
for filing and placed on the next available meeting of the Planning and
Zoning Commission for review in accordance with its then-current
procedures. Any decision by the Commission to recommend denial of a
Conditional Use Permit for a telecommunication facility shall be in
writing and supported by substantial evidence contained in a written
record.
(C) Upon final recommendation from the Planning and Zoning Commission, the
application shall be placed on the agenda for the next regularly-scheduled
City Council meeting designated for hearing zoning matters. The City
Council shall approve or deny the application for the CUP no later than
60 days after the original filing with the Planning and Development
Department. If the application is not denied within said 60 day period,
then the application shall be deemed to be approved. Any decision by the
City Council to deny a Conditional Use Permit for a telecommunication
facility shall be in writing and supported by substantial evidence in a
written record. The City Secretary shall promptly notify the applicant
in writing of the Council decision.
(D) To the extent the procedures set forth in this section are inconsistent
with section 155.081, the procedures set forth in this section shall
control in connection with all applications made for a permit under this
chapter.
(Ord. 2001-14, passed 4-10-01)
§157.06 CODE REQUIREMENTS
Wireless telecommunication facilities of any type must comply with all
applicable laws and regulations, including those adopted by the Federal
Aviation Administration (FAA), the Federal Communications Commission (FCC),
the Joint Airport Zoning Board of the City of Killeen, Texas, the City of
Harker Heights, Texas, and the County of Bell, Texas, and any other federal
agency having authority to govern towers/antennas. Freestanding towers and
their foundations shall meet all applicable wind, seismic, and all other
design requirements imposed by Chapter 150. Building permits are required
for new construction or alteration of a tower, although additional antennas
not increasing the height of the structure may be added to an existing tower
without permits except as may be needed for electrical wiring.
(Ord. 2001-14, passed 4-10-01)
§157.07 CO-LOCATION CAPABILITY
(A) A building permit for new freestanding towers shall not be approved
unless the applicant provides satisfactory evidence that there are no
alternative locations available on existing towers, buildings, or other
structures that:
(1) Are structurally capable of supporting the intended antenna;
(2) Meet the necessary height requirements;
(3) Provide a location free of electro- magnetic interference; and
(4) Can comply with the requirements of this chapter.
(B) New freestanding towers classified as high impact wireless
telecommunication facilities shall be designed and constructed to support
a minimum of four antenna arrays from separate wireless telecommunication
system providers or users. Co-location and all other alternatives must be
exhausted before a new tower is erected. An affidavit shall be submitted
with the building permit application stating the extent to which the tower
owner agrees to allow additional equipment by other service providers to be
located on the tower and its premises on a reasonable and non-discriminatory
basis.
(Ord. 2001-14, passed 4-10-01)
§157.08 ABANDONED FACILITIES
The holder of a permit and the owner of the property upon which a wireless
telecommunications facility is located shall notify the building official at
such time that a facility ceases operation. Any tower or antenna that is not
operated for a continuous period of 12 months shall be conclusively deemed
abandoned, and the owner of such tower or antenna, or the owner of the
property, shall remove same (including any accessory equipment) within 60
days of receipt of notice from the city. If the tower or antenna is not
removed within said 60 days, the city may cause removal of such tower or
antenna at the property owner's expense. After written notice to the property
owner, the city shall be entitled to a lien on the real estate to secure
payment for the cost of removal of the abandoned wireless telecommunication
facility. If there are two or more users of a single tower, this provision
shall not become effective until all antennas located on the tower cease
operation for the period specified above.
(Ord. 2001-14, passed 4-10-01)
§157.09 FACILITIES ON PUBLIC PROPERTY
Wireless telecommunication facilities for use by commercial system providers
may be allowed in a street right-of-way or on other public property
controlled by the city only upon approval by the city council of a lease,
license, or franchise agreement, including arrangements for payment of
appropriate compensation as may be established by the City Council.
(Ord. 2001-14, passed 4-10-01)
§157.10 ACCESS
Each site of a freestanding tower shall have direct access to a public street
provided by a driveway that complies with city standards. The driveway shall
extend from the street to an appropriate location on the premises where a
maintenance truck and an emergency vehicle would need to be parked to provide
maintenance, repair or emergency response. A paved area adequate in size to
permit turnaround of a fire engine is required. If the driveway exceeds 50
feet in length, other acceptable pavement material for the portion beyond the
first 50 feet may be requested. The driveway required by this section shall
be clear at all times, and no object shall be placed or permitted to encroach
upon such driveway in a manner which impedes the free and ready use of any
portion of the driveway by emergency vehicles.
(Ord. 2001-14, passed 4-10-01)
§157.11 HEIGHT
No wireless communication facility shall encroach upon the height limits, if
applicable, of airport hazard zones. In no case shall a freestanding tower
exceed a height of 150 feet, except where a height variance is granted by the
Planning and Zoning Commission in accordance with its then-current procedures
upon a demonstration of a hardship by the applicant that can only be remedied
by location of the facility on the proposed site within the city limits.
Antennas mounted as an accessory on top of a building, water tower, lighting
standard, electric utility transmission tower, or other tall structure having
another primary function shall not extend more than 15 feet above the highest
point of the structure as measured from the average ground level around the
structure.
(Ord. 2001-14, passed 4-10-01)
§157.12 SETBACKS
A nonexempt freestanding tower shall be set back from all boundaries of the
property on which it is located by a distance equal to the height of the
tower , and shall be set back from any residential dwelling or residential
zoning district a distance equal to twice the height of the tower, as measured
from the base of the main tower structure. Associated equipment enclosures
or other buildings and structures, if any, located on the same property are
subject to the otherwise-applicable building setback requirements of the
district within which the facility is located. Antennas mounted as an
accessory on the side of a building, water tower, lighting standard, electric
utility transmission tower , or other tall structure having another primary
function, may extend up to two feet into the required building setback, but
in no case shall extend closer than five feet to any property line.
(Ord. 2001-14, passed 4-10-01)
§157.13 ILLUMINATION AND APPEARANCE
Wireless telecommunication facilities shall not be artificially illuminated
except as required by the FAA or FCC, and except for motion-detector operated
security lights on any associated equipment enclosure. Freestanding towers
shall maintain a galvanized steel finish or be painted sky blue or gray,
except as otherwise required by the FAA or FCC. Unless the tower compound
is screened by any means from adjacent streets, residential dwellings, and
residential zoning districts, the design of equipment enclosures shall, to
the extent possible, use materials and colors that are compatible with the
natural and built environment of the surrounding area. Antennas mounted as
an accessory on a building, water tower, lighting standard, electric utility
transmission tower, or other tall structure having another primary function
shall be identical in color or closely compatible with the color of the
adjacent portion of the supporting structure so as to make the antenna as
visually unobtrusive as possible.
(Ord. 2001-14, passed 4-10-01)
§157.14 SECURITY AND SCREENING
The base of freestanding towers, and associated equipment enclosures, shall
be enclosed by a security fence or wall not less than six feet in height with
an access gate that is kept locked at all times except when attended by
authorized personnel. The base of the tower and associated equipment
enclosures shall also be screened and landscaped on any side facing a public
street, residential dwelling, or residential zoning district. Landscaping
shall either preserve existing dense evergreen vegetation or natural
landforms that effectively screen the tower compound, or consist of new
dense evergreen vegetation having a mature height of at least six feet. A
security fence is required to provide opaque screening consisting of materials
and colors that are compatible with the natural and built environment of the
surrounding area. A knox box is also required in order to provide access to
emergency response vehicles.
(Ord. 2001-14, passed 4-10-01)
§157.15 SIGNAGE
No sign, banner, or flag shall be placed in a visible location on the
exterior of a wireless telecommunication facility or its premises except
one required non-illuminated permanent sign not larger than two square feet
for the purpose of identifying the party to be notified in the case of an
emergency, prohibiting trespassing, or warning of any dangers associated
with the facility. No commercial advertising is permitted.
(Ord. 2001-14, passed 4-10-01)
§157.99 OFFENSES
(A) It shall be unlawful for any person to construct, own, operate or
maintain in the city any wireless telecommunication facility for which
a permit is required by this chapter unless a valid permit authorizing
such facility has been issued and is then in effect.
(B) It shall be unlawful for any person to intentionally or knowingly make
any materially false or misleading statement in an application for a
permit under this chapter.
(C) It shall be unlawful for the holder of a permit under this chapter to fail
to notify the Director in writing within ten days after the effective
date of any change in the information contained in the holder's most
recent application for a permit under this chapter.
(D) It shall be unlawful for any person to construct, own, operate, or
maintain any wireless communication facility in the city in violation
of any applicable provision of this chapter.
(Ord. 2001-14, passed 4-10-01)
For more information, see the City
of Harker Heights 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.
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