ORD 1992-10TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 92-14
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REGULATING SATELLITE RECEIVERS AND OTHER
TRANSMITTERS AND ANTENNAS; PROVIDING DEFINITIONS;
REQUIRING A PERMIT AND PAYMENT OF A FEE; REGULATING
THE LOCATION, HEIGHT AND SIZE OF RECEIVERS,
TRANSMITTERS AND ANTENNAS; REQUIRING SCREENING;
PROVIDING FOR AN APPEAL; PROVIDING A SAVINGS
CLAUSE; REPEALING ORDINANCE NOS. 90-12 AND 90-16
RELATING TO SATELLITE RECEIVERS AND TRANSMITTERS
FOR THE PURPOSE OF COMBINING THE SAID ORDINANCES
HEREIN WITHOUT SUBSTANTIVE CHANGE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT
LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas
(the "Town") has determined that the maintenance and integrity of
neighborhood beauty is important to all citizens; and
WHEREAS, satellite receivers, transmitters and other types of
antennas under uncontrolled circumstances detract from the overall
aesthetic interests of the Town and its citizens and create both a
physical and a visual nuisance; and
WHEREAS, the Town Council has heretofore adopted Ordinance
Nos. 90-12 and 90-16 relating to the regulation of receivers,
transmitters and antennas, and it is the Council's intent, by the
adoption of this Ordinance, to combine ordinance Nos. 90-12 and 90-
16 into this Ordinance without effecting a substantive change in
the law; and
WHEREAS, the Town Council deems the public interest to be best
served by regulating the size and placement of receivers,
transmitters and antennas.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
Section 1. Definitions.
A. Antenna: An arrangement of wires, rods, poles, etc. used
in transmitting and receiving signals energy.
B. Tower: The structure upon which antennas and masts are
placed.
-1-
C. Mast: The center of an antenna tower upon which antennas
are fastened.
D. Radio Equipment: The antenna, tower and mast, or any
combination thereof, used to transmit and/or receive signal energy.
E. Receiver: Anything that receives television, radio,
and/or other communication signals.
F. .l A
Satellite Dish, TeReceive-Only Antenna, Dish
Antenna or Parabolic Antenna:n antenna that
enables the receipt
of television signals transmuted directly from satellites to be
viewed on a television monitor.
G. Microwave Receiver: An outside antenna used for the
reception of microwave signals.
Section 2. Receivers Transmitters Antennas --Permit
Required; Exceptions.
A. No person shall install or construct a receiver,
transmitter, tower or antenna on the outside of a building or
structure or on the ground without first obtaining a building
permit and payment of appropriate fees.
B. Owners of any antenna, tower or mast must present proof
of liability insurance that covers such antenna, tower or mast and,
if the antenna, tower or mast is capable of transmitting, a copy of
their Federal Communications Commission license(s) prior to
issuance of a building permit.
C. No permit shall be issued for the construction or
installation of an antenna, tower or mast on a multi -family
structure or property unless a notarized statement of permission
from the owner is presented to the Planning and zoning
Administrator.
D. Receivers, transmitters and antennas owned or operated by
the Town, State of Texas, United States of America or any
government agency, shall be exempt from the terms of this
ordinance.
Section 3. Receivers Transmitters Antennas --Location.
A. No receiver, transmitter or antenna shall be located in a
front yard or side yard.
B. No receiver, transmitter or antenna shall be located
within an established easement or be located closer than five (5)
feet from a side or rear lot line.
C. No receiver, transmitter or antenna shall be located on
or above the roof of any building.
-2-
Section 4. Screening Requirements.
Satellite receivers and antennas may be installed provided
they are adequately screened from line of sight so that no more
than two ( 2 ) feet of the receiver or antenna is visible to the
public.
Section 5. Lettering; Trademarks.
No receiver, transmitter or antenna shall have lettering,
trademarks, brand names, logos or any other design or illustration
exceeding six (6) square inches or located in more than one (1)
location on the receiver, transmitter or antenna.
Section 6. Special Permits- Appeals: Exceptions.
Any person aggrieved by Sections 3 or 4 of this Ordinance may
appeal its effect to the Town Council on the basis of hardship. An
exception from the terms and conditions of this Ordinance may be
granted as will not be contrary to the public interest, where,
owning to special conditions, the literal enforcement of the
provisions of this Ordinance will result in unnecessary hardship,
so that the spirit of this Ordinance shall be observed and
substantial justice done.
Section 7. Maintenance and Construction Standards.
A. Towers and receivers must be installed as per the
manufacturers recommendations or under the seal of a registered
professional engineer of the State of Texas. Regardless of the
above, all such towers, antennas or masts must meet the Electronic
Industries Association Standard EIA -222-D, Structural Standards for
Steel Antenna Towers and Antenna Supporting Structures.
B. Antennas, masts, towers or receivers obviously not in use
or obviously in need of maintenance as determined by the Building
Official, shall be removed or brought into compliance within ninety
(90) days following notice given by the Building Official. This
shall not preclude immediate action by the Building Official to
safeguard life, limb, health, property and public welfare.
C. No part of antenna, tower, mast, receiver or any
attachment thereto may extend beyond the property lines of the
owner of such antenna, tower or mast.
Section 8. Savings' Re Baler. That this ordinance shall be
cumulative of all other ordinances of the Town affecting receivers,
transmitters and antennas and shall not repeal any of the
provisions of said ordinances except in those instances where
provisions if those ordinances are in direct conflict with the
provisions of this ordinance; provided, however, that Ordinance
Nos. 90-12 and 90-16 are hereby repealed in their entirety, such
repeal to take effect as of the effective date of this Ordinance,
but provided however that any complaint, action, cause of action or
-3-
claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to the said repealed
Ordinances shall continue to be governed by the provisions of those
Ordinances and for that purpose Ordinance Nos. 90-12 and 90-16
shall be deemed to remain and continue in full force and effect.
Section 9. Severability. If any provision of this Ordinance
or application thereof to any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdiction,
such holding shall not affect the validity of the remaining
portions of this Ordinance, and the Town Council hereby declares it
would have passed such remaining portions of this Ordinance despite
such invalidity, which remaining portions shall remain in full
force and effect.
Section 10. Violation; Penalty. It shall be unlawful for any
person to violate any provision of this Ordinance, and any person
violating or failing to comply with any provision of this Ordinance
shall be fined, upon conviction, not less than One Dollar ($1.00)
nor more than Five Hundred Dollars ($500.00), and a separate
offense shall be deemed committed upon each day during or on which
a violation occurs or continues.
Section 11. Effective Date. That this Ordinance shall take
effect from and after its date of adoption and publication as
provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas this the day of , 1992.
L
ay own of Trgphy Club, Texas
ATTEST:
Town Secreta ,
Town of Trop y Club, Texas
[SEAL]
A OVED AS TO FORM:
Towr Attorney,
Towri of Trophy Club, Texas
-4-