ORD 1990-12WMANAMNAW,
ORDINANCE 0 90-12
P. 7c
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THETOWN 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; REPEALING
TOWN ORDINANCE NO. 87-22; PROVIDIING FOR AN
APPEAL; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO HUNDRED DOLLARS ($200.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEiM_D COMMITTED EACH DAY DURING OR ON WHICH
A V=OLATION OCCURS OR CONTINUES AND
PROVIDING AN EFFECTIVw DATE
WHEREAS, the Town Council of the Town of Trophy Club,
Texas (the "_own") 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 flown and its citizens
and create bath a physical and visual, nuisance; 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 TROPh-!,-- 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.
(C) ;14a The center of an antenna tower upon which
antennas are fastened.
(D) Rz io �E_cuiar^ent : 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.
(1) Etellite Qisl,. T iv - n
Dish Antenna or. Parabolic Antenna; An antenna that enables the
receipt of television signals transmitted directly from
satellites to be viewed on a television monitor.
(2) jMiargwave Rec ive': An outside antenna used for
the reception of microwave signals.
Section 2. Receivers, Transmitters, Antennas-,_Perm%jt
R guir'ed. Exceptions.
(A) No person shall install or construct a receiver,
transmitter or antenna on the outside of a structure or on the
ground without first obtaining a 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 Te=as, United States of America
or any governmental agency, shall be exempt from the terms of
this ordinance.
Section 3. Receivers. Tgansmittgrz. 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 feet (5') from a side or rear lot line.
(C) No receiver, transmitter or antenna shall be
located on or above the roof of any building.
Section 4. Screening.. Reg-uirem,+,nts.
Satellite receivers may be installed provided they are
adequately screened from line of sight so that no more than two
feet (2') of the receiver is visible to the public.
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section 5. Lettering: Tradem,arks.
No receiver, transmitter or antenna shall have lettering,
trademarks, brand names, logos or any other design or
illustration exceeding six square inches (6") or located in
more than one (1) location on the receiver, transmitter or
antenna.
Section 6. Special Permits,.. Anneals: E'xZept�io=,
Any person aggrieved by Section 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 lateral
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. Existing.-„ ece_iver,S. Transmitters, An±=. .
Any receiver, transmitter or antenna existing at the time
of this ordinance deemed to be in violation with this ordinance
(including, without limitation, any receiver, transmitter or
antenna in compliance with previous' Town ordinances, and any
variance granted thezeunder) shall be brought into compliance
within six (6) months hereof.
Section 8. ML'�o p anuctiontd r .
(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 Tezas. 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 an antenna, tower, mast, receiver or
any attachment thereto may extend beyond the property lines of
the owner of such antenna, tower or mast.
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Section 9. Renealer.
Town Ordinance No. 87-22 is hereby repealed.
Section 10. Severability Clause.
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 11. a rt .
Any person violating any of the provisions of this
Ordinance shah be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Hundred Dollars ($240.00) and a separate offense shall be
deemed committed upon each day during or on which a violation
occurs or continues.
Section 12. Effecti.veDate.
That this ordinance shall take effect after its date of
passage and publication as provided by law.
PASSED AND APPROVED by the Town Council of the Town of
Trophy Club, Texas this the 21st Wexasugust, 1990.
r, Town of rophy Club,
ATTE
Th'A"Xec rat ary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney,
Town of Trophy Club, Texas
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