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ORD 1987-22Y -7 - �_�2- TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 87-22 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 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 DEEMED COMMITTED EACH DAY DURING OR ON WH ;H A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND 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 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 TROPHY CLUB, TEXAS; Section 1. Definitions. (a) Satellite Receiver: Any concave, circular or dish -shaped device for receiving communications or television signals from a satellite. (b) Television Antenna: The outdoor portion of the receiving equipment used for television or radio waves from space, including that portion of the outside antenna system to which the antenna is attached and the support or extension required to elevate the antenna to a height deemed necessary for adequate operations. (c) Radio Transmittinq Tower. An outside antenna used for the transmission of signals by stations licensed by the Federal Communications Commission in the several radio services and/or for the reception of signals transmitted by such stations. 0 0 3 4 j (d) Radio Receiving 'Tower. An outside antenna used for the reception of signals transmitted by stations licensed by the Federal Communications Commission in the Radio Broadcast Services, including AM, FM and TV. (e) Microwave Receiver. An outside antenna used for the reception of microwave signals. (f) Receiver. Any satellite receiver, radio receiving tower or microwave receiver. (g) Antenna. Any television or radio antenna. Section 2. Receivers, Transmitters, Antennas - Permit Required; Exceptions. (A) No person shall install a receiver, transmitter or antenna on the outside of the main structure without first obtaining a permit from the Building Inspector. The Inspection Fee shall be Ten Dollars ($10.00). (B) Receivers, transmitters, and antennas owned or operated by the Town, State of Texas or United States, or any agency or instrumentality thereof, shall be exempt from the terms of this ordinance. Section 3. Receivers, Transmitters, Antennas - Location. (A) All receivers, transmitters and antennas shall be located in the rear yard beside the main structure and screened in accordance with Section 4 of this ordinance. No receiver, transmitter or antenna shall be located in a front yard or side yard beside the main structure. (B) No receiver, transmitter or antenna shall be located closer than five feet (5') from a side or rear lot line. Section 4. Screening Requirement. All receivers, transmitters and antennas shall be screened from view from any street or neighboring property by a wood or masonry fence of at least six feet (6') in height, or by natural evergreen plants or trees of equal minimum height; provided, however, that any fence constructed shall conform to the Town's fence ordinance. Section S. Receivers, Transmitters, Antennas - Size; Height. (A) No receiver, transmitter or antenna shall be greater than eight feet (S') in diameter. 0 0 3 4 j -2- (B) No receiver, transmitter or antenna mounted on the ground shall have a height in full, upright position of more than fifteen feet (15'). Section 6. Lettering; Trademarks. 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 7. Special Permits; Appeals; Exceptions. (A) Any use requiring a size or height exceeding the standards stated in Sections 5 may apply for a special permit from the Town Council. Such permit may be granted if, in the determination of the Town Council, such special consideration is necessary to the operation of the non—residential use. (B) Any person aggrieved by Sections 3 or 4 of this ordinance may appeal the effect of such sections to the Town Council on the basis of hardship. A variance from the terms and conditions of this ordinance may be granted as will not be contrary to the public interest, where, owing 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 8, Existing Receivers, Transmitters, Antennas. Any receiver, transmitter or antenna existing at the time of this ordinance in violation of Sections 3 or 4 shall be brought into compliance with this ordinance within six (6) months hereof. Section 10. Severability Clause. If any provision in this ordinance or application thereof to any person or circumstance is held invalid or unconstitu— tional 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. Penalty Clause. Any person violating any of ordinance shall be deemed guilty of conviction thereof shall be fined a 0 0 3 4 ] -3- the provisions of this a misdemeanor and upon sum not to exceed Two Hundred Dollars ($200.00), and a separate offense shall be deemed committed each day on which a violation occurs or continues. Section 12. Effective Date. 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 on this the 14 day of RPprpTnh Pr 1987. ATT I yar, Tocm of ,trophy Club, Texas Town ga.ctetary, Town of Trdphy Club, Texas [ SEAL, ] APPROVED AS TO FORM; Town At-torAey, Town of Trophy Club, Texas 0 0 3 R j -d-