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
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
(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
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
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
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.
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.