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Ordinance No. 1541
AN ORDINANCE RELATING TO ANTENNAS; AMENDING THE CODE
OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT.
BE IT ORDAINED BY THE -GITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. The Code of Ordinances of the City of West .University Place,
Texas is hereby amended as follows:
(1) Subchapter G of Chapter 6 is amended to read in its entirety as set out in Exhibit
A, which is attached and made a part of this ordinance.
(2) The Standard Codes Schedule is amended to read in its entirety as set out in
Exhibit B, which is attached and made a part of this ordinance.
Section 2. This ordinance applies from and after its effective date. Any
violations committed befory, the 'effective date are governed by the ordinances in
effect before the effective date, and they are continued in effect for this purpose.
Section 3. All ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance or the application thereof to any person or circumstance, shall
ever beheld to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this ordinance to any other
persons or circumstances, shall be affected thereby.
Section 5. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at
which this ordinance was discussed, considered or acted upon was given in the
manner required by the Texas Open Meetings Act, as amended, and that each such
meeting has been open to the public as required by law at all times during such
discussion, consideration and action. The City Council ratifies, approves and
confirms such notices and the contents and posting thereof.
Section 6. This ordinance shall become effective on the tenth day following
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its publication, as provided in the City Charter.
PASSED AND APPROVED ON FIRST READING, this ,:1B4fay of
cffr~-L/ , 19~(
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
c ~/J PASSED AND APPROVED ON SECOND READING, this #~y of
~ ,19~~
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Signed: ~ ~./
Mayor
Attest:
(Seal)
~~~~
ity Secretary
City Attorney
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Exhibit A
Subchapter G. Pal abolk Antennas
Sec. 6.551. Definition!.
In this subchapter, "parabolic antenna" means a device, commonlv paraboli(, ill shape.
designed and intended for the pu1 pose of captUI ing transmitting or receiving television, radio or
microwave signals tlaIlsmitted via. satellite conullunkations facilities. An antenna includes all
mounting and stabilizing items. such as a tower. a pole. a bracket.gqy wires. hardware
connection equioment and related items. Such de'\lices Antennas are also "structures" within the
meaning of the zoning ordinance.
"BOCA antenna regulations" means the antenna regulations published by the Buildini
Officials & Code Administrators International. Inc.. as adooted and amended in the Standard
Codes Schedule.
"Conforming commercial earth station" means a satellite earth station that is two meters
or less in diameter and is located in an area where commercial or industrial uses are generally
oermitted under state or localland-use regulations. Such an area would not extend to those
oortions of a site where most land uses are forbidden or severely restricted. such as. for examole.
street areas. utility easements. visibility triangles. yards and SF buffervards
"Satellite earth station" means an antenna. usually parabolic in shape. desiil1ed and
intended for transmitting or receiving television. radio or microwave signals to or from earth
satellites. This definition does not include a small antenna.
"Small antenna" includes the following: (i) an antenna that is designed to receive direct
satellite service. including direct-to-home satellite service. that is one meter or less in diameter. (ii)
an antenna that is designed to receive video orogramming services via multiooint distribution
services. including multichannel multiooint distribution services. instruction television fixed
services. and local multipoint services. and that is one meter or less in diameter or diagonal
measurement. and (iiD an antenna that is designed to receive television broadcast signals.
Sec. 6.552. Permits; Pel mitted locatioll; restrictions.
(a) Permit. No palabolic antenna shall be elected. constructed. alteted 01 maintained
within the citv without filst obtainin$!. a. penuit fur same fiom the TIuilding Official. unless
~wise Plovided in ~ TIOCA antenna letnlla.tions. Notwithstanding any other provision of
this Code. a oermit is not required for the following tYpes of antennas:
ill a small antenna. exceot that a oermit is required in those cases mentioned in
the BOCA antenna regulations. or
ill a conforming commercial earth station.
(b) Comvliance required. All antennas must comply with the aoplicable regulations in this
Code. regardless of whether a permit is required. The regulations stated in Table 6-552 apoly to
the indicated types of antennas. Exception: The regulations do not apply to an antenna located
within a building.
(b) Requi/ement.s. AllY palabolk antenha IlJc.ated outside a buildilli sllallllleet the
fQliQwin$!. I equilements.
Exhibit A
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Table 6-552. Antennas. In this table, "X" means that the regulation applies
to the indicated type of antenna, and "N/ A" means
that it does not apply. The numbered notes are
integral parts ofthis table and the regulations.
Regulations Small Confonning Other earth
antennas commercial stations
earth stations
Street visibility. Antenna must be placed to the extentfeasible ina location X N/A X
that is not visible from a street area, if this placement would not impair
reception of an acceptable signal. <D<ID@@
Color. Antenna must be colored to blend into the background against X N/A X
which it would, be mounted. This may require painting, if paint would not
interfere with reception. @
BOCA. Antenna must comply with the BOCA antenna regulations. X N/A X
(j)@)@@
Small antennas. Antenna must comply with the small antenna regulations X N/A N/A
designated as provided in this subchapter.<l>
Number per site. The maximum number of antennas per building site N/A N/A X
used for residential purposes is one. (j)~
Front street line. No part of the antenna, however turned, may be closer to N/A N/A X
the front street line than the rear of a principal building on the same site.
(j)@@@ .
'Rear property line. No part of the antenna, however turned, may be closer N/A N/A X
to the rear property line than the greater ofthe following: five feet, or half
the distance between the rear lot line and the rear wall of a principal
building on the same site. (j)@@.J@@
Other propertylines. No part of the antenna, however turned, may be N/A N/A X
closer than five feet to any other property line. (j)@@.J@@
Screening. . Antenna must be screened by an eight-foot-high wood or N/A N/A X
masonry fence or by natural plants or trees of equal or greater height. <ID<ID
Mounting. Antenna must be mounted on a ground-level pedestal.<ID<ID N/A N/A X
Fifleen-foot height. Maximum height, however turned, is fifteen feet from N/A N/A X
grade level at the base. (j)<ID<ID@
Twelve-foot diameter. Maximum diameter is twelve feet. (j)~ N/A N/A X
(j) Health objectives: to limit interference with natural sunlight and the circulation of air and preserve space for trees and other plants.
See Chapter 23.
<ID Safety objective: to minimize obstructions to visibility around streets, sidewalks and driveways.
@ Safety objectives: to reduce the exposure of the antenna to high wind forces, particularly from hurricanes and tornadoes and reduce
hazards from falling and wind-propelled objects.
@ Safety objectives: to reduce impediments to moving people and equipment near buildings and to avoid interference with firefighting
and emergency ingress and egress, bothat and above grade level.
@ Safety objectives: to reduce potential contact and conflicts between antennas and utility lines, both above and below grade level.
@Aesthetic objective: to reduce the visual impact of antennas in a municipality containing both old and new homes, many with
historic and architecturally significant features.
<l> See the safety objectives stated in the designated regulations document.
Exhibit A
Page A-3
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Exhibit B
STANDARD CODES SCHEDULE
Subject to the amendments and deletions indicated beneath each code, each of the following codes,
including all of its published appendices and attachments, is adopted, ordained and made a part of the
Code of Ordinances of the City and of each chapter where it is referenced:
Standard Building Code, 1994 Ed., Southern Building Code Congress International, Inc.
I. The administrative officer is the building official. All hearings, variances etc. are handled by the BSC.
2. All roofs must have Class C or better fire resistance, as determined under Sec. 706
3. All foundations for new buildings and foundation repairs shall be designed by a registered professional
engineer ("RPE"), and the work shall be:
a. illustrated in complete plans and specifications signed and sealed by the RPE;
b. based on a soils report from a recognized and reputable frrm or agency (Exception: no soils report is
required for a single-story accessory building with less than 450 sq. ft. of gross floor area); and
c. inspected by an RPE who certifies proper construction, before work proceeds further.
4. All concrete footings and foundations must be cured for at least 72 hours before any significant load is placed
on them.
5. In Paragraph 411.2.6, delete the exception for Group R-3 buildings.
6. In Paragraph 1007 .1.5 (stairways), delete the exception for Group R -3 buildings.
7. Delete: Sections 102.2, 104 and 108 and Appendices B, C, F, G, H and J.
Standard Housing Code, 1994 Ed., Southern Building Code Congress International, Inc.
I. The administrative officer is the building official. All hearings, variances etc. are handled by the BSC.
Standard Mechanical Code, 1994 Ed., Southern Building Code Congress International, Inc.
I. The administrative officer is the building official.. All hearings, variances etc. are handled by the BSC.
2. Add to Section 304.4: "There must be a permanently installed stairway, either fixed or folding, to serve attic
space where appliances or equipment are located."
3. Add to Section 605: "All retwn air ducts must be installed within 10 inches of the finished floor in all new
residential construction and wherever possible in existing buildings."
Standard Swimming Pool Code, 1994 Ed., Southern Building Code Congress Int'l, Inc.
I. The administrative officer is the building official. All hearings, variances etc. are handled by the BSC.
Standard Plumbing Code, 1994 Ed., Southern Building Code Congress International, Inc.
I. The administrative officer is the building official. Chapter 6 of this Code shall apply to enforcement and
administration of this code in the same manner as it applies to the building code. The BSC shall have the same
jurisdiction and authority with respect to this code as it has with respect to the building code.
2. Delete: Sections 102, 104, 108,307.4,701.8, Chapter 16, AppendicesB, C, E andH, and Sections 102.5 and
1050fAppendixD.
3. Add at the beginning of Section 303.1: "Even though listed in Table 500, none of the following is allowed for
use in the City: Acrylonitrile-Butadiene-Styrene (ABS) pipe or fittings, polyethylene pipe or fittings, Type M
copper, lead'-based pipe, aluminum DWV pipe or components, or air admittance valves."
4. Delete from Section 409.8.2: "Shower compartments located in basements, cellars or in other rooms in which
the floor has been laid directly on the ground swface need not be lined."
5. Add to Sections 611.2 and 611.3: "PVC water pipe may not be used except underground and outside a
building, in accordance with Table 500."
6. Delete Sections 911.1,911.2 and 911.3 and insert: "Wet Venting. Wet venting shall not be allowed except
Exhibit B
Page B-1
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when authorized by the plumbing official in hardship or unusual cases."
7. Amend Section .1101.2 to read in its entirety as follows: "The provisions of this chapter are applicable to
interior leaders, building storm drains, building storm sewers, exterior conductors, downspouts, roof gutters
and other storm drainage fixtures and facilities."
Standard Gas Code, 1994 Ed., Southern Building Code Congress International, Inc.
1. The administrative officer is the building official. Chapter 6 of this Code shall apply to enforcement and
administration of this code in the same manner as it applies to the building code. The BSC shall have the same
jurisdiction I,Uld authority with respect to this code as it has with respect to the building code.
2. Delete Sections 102, 104 and 108 and Appendices B and C.
3. Add to Section 306.2: "Copper tubing shall not be used for the yard service line."
4. Amend Section 311.2 to read in its entirety as follows: "Low pressure (not to exceed 0.5 PSI) gas piping shall
withstand a pressure of at least. I 0 inches of mercury for a period of time not less than 10 minutes without
showing a drop in pressure, except that the following shall apply in the case of new construction: The newly-
constructed system must withstand a pressure of at least 25 PSI for a period of not less than 10 minutes without
showing any drop in pressure as an initial pressure test, and the system must also withstand a pressure of at
least 10 inches of mercury for a period of not less than 10 minutes without showing any drop in pressure as a
final test. Higher pressure piping must withstand pressure of at least 10 PSI, but never less than twice the
maximum pressure to which the piping will be subjected in operation, for a period of at least 10 minutes
without showing a drop in pressure, but the higher pressures required for new construction, above, shall be
used to test new construction in lieu of the 10 PSI level prescribed by this sentence."
5. Add to Section 402.8: "There must be a permanently-installed stairway, wither fixed or folding, to serve attic
space where appliances or equipment are located."
6. Delete Chapter 9 and insert: "Undiluted liquefied petroleum gas, or "LPG," shall not be used at any fixed
location in the City. Exception: This does not prohibit the use of such gas in quantities of 10 gallons or less."
Standard Fire Prevention Code, 1994 Ed., Southern Building Code Congress Int'l, Inc.
I. The fire official shall be the fire chief or acing fire chief, who may detail other members of the fire department
or the building inspection division to act as inspectors. Chapter 6 of this Code shall apply to enforcement and
administration of the fire code in the same manner as it applies to the building code (except that the fire official
shall have the powers and duties of the building official under such articles).
2. The BSC shall have the same jurisdiction and authority with respect to the fire code as it has with respect to the
building code.
3. Delete all appendices and attachments except Sections A 101.3 .5 (maintenance) and A I 03 .1.1 (permits).
4. The limits of the fire district referred to in Section 902.1.1 are coextensive with the City limits.
5. The limits of the district referred to in Section 1901.4.2 (wherein storage of explosives and blasting agents is
prohibited) are coextensive with the City limits.
6. Section 907.4.3 (service stations) is amended by adding the words "without a hold-open device" following the
phrase "a listed automatic closing type."
7. Section 501.4.3 (hours for burning) is amended to read in its entirety as follows:
An incinerator shall not be used or allowed to remain with any combustion inside it: (i) at any time
from an hour preceding sunset . on one day until sunrise the following day; or (ii) at any time when
unattended.
National Electrical Code, 1996 Ed., National Fire Protection Association ("NEC").
I. The administrative officer is the building official. All he3rings, variances etc. are handled by the BSC.
2. See Chapter 8 of this Code for various provisions which override or supplement the NBC.
BOCA National Buildinl! Code. 1996 Ed.. BuUdin!! Officials & Code Administrators International. Inc.
Onlv Sections 31 08 (Radio And Television Towers) and 3109 (Radio And Television Antennas). together with
~ necessary definitions or interoretative aids. are adopted. See Subchapter G of Chapter 6 of this Code.
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Exhibit B
Page B-2
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