City of Kerrville
In the City of Kerrville, antenna regulations have been part of the
Unified Development Code. The relevant section was Article 3,
"Use Regulations: Amateur Radio Antennas". Some of these
regulations might have been in conflict with FCC
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
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The following ordinance text was repealed, and is no longer in force: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,
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,
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,
For more information, see the City
of Kerrville Website.
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.