Hallsville Communication Antennas and Towers ordinance (§ 400.600)

A. Purpose. The purpose of this Section is to:

1. Provide for the appropriate location and development of communications facilities and systems, antennas and towers to serve the citizens and businesses of the City.

2. To define the difference between antennas and towers for residential purposes and those for commercial uses.

3. Insure the compliance of any antenna or tower with FCC (Federal Communications Commission) and FAA (Federal Aviation Administration) regulations.

B. Definitions. As used in this Section, the following terms shall have the meanings and usages indicated.

1. Antenna: any device that transmits or receives radio frequency signals for voice, data or video communications purposes including, but not limited to: television, AM/FM radio, microwave, cellular telephone, digital telephone and similar forms of communications. The term shall exclude satellite antennas less than six (6) feet in diameter and any receive-only home television antenna

2. FAA: Federal Aviation Administration.

3. FCC: Federal Communications Commission.

C. Uses Defined. For the purposes of this Section, the following shall pertain:

1. Commercial use antenna or tower: any structure built and utilized for purposes defined under "antenna" in the definitions Section and resulting in compensation for the provided service either locally or as a network or relay system.

2. Residential use antenna or tower: any structure built and used for personal purposes to include ham radio operations, citizen band radio operations or other two-way radio operations not utilized as part of a business operation or for compensation.

D. Allowed Locations. The uses will be allowed in the following zoning districts:

1. Residential antennas and towers shall be allowed in the following zoning districts:

a. A-1.

b. R-1.

c. C-1.

d. B-1.

e. I-1.

2. Commercial antennas and towers shall be allowed in the following zoning districts:

a. A-1.

b. I-1.

c. On City-owned property with the approval and consent of the members of the Board of Aldermen.

E. Obsolete Tower Structures And Antennas. Any tower or disguised support structure which is not occupied by active antennas for a period of twelve (12) months or any antenna which is not used for a period of twelve (12) months shall be removed at the owner's expense. The Superintendent of Public Works is authorized to order the owner of any private property to remove any unused tower or antenna on the owner's property within a reasonable time specified by the Director. The order shall require the tower or antenna to be removed unless the owner, within ten (10) days of receipt of the order, appeals the matter to the Board of Adjustment. If the Board finds that a tower has not been occupied by active antennas for twelve (12) months or an antenna has not been used for twelve (12) months, it shall order the tower or antenna to be removed within a specified time. If the unused tower or antenna is not removed as specified in an unappealed order of the Superintendent of Public Works or as specified by the Board of Adjustment, the Superintendent of Public Works may cause the tower or antenna to be removed. The Superintendent of Public Works shall submit the actual cost of such removal to the owner of the property. If the owner does not pay the cost with thirty (30) days of receipt, the Superintendent of Public Works shall certify the cost to the City Clerk, who shall cause a special tax bill against the property to be prepared and collected. The tax bill shall be due and payable from the date of issuance and shall be a lien of the property from the date of issuance until paid. Tax bills issued pursuant to this Section shall bear interest from the date of issuance at the rate of nine percent (9%) per annum.