§ 28-521. Definitions.

As used in this article, the following words and terms shall have the meanings ascribed below, unless the context of their usage clearly indicates another meaning:

Alteration means any modification, replacement, or reconstruction that increases the height or materially increases the dimension of a tower structure.

Antenna means a device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission and/or receipt of electromagnetic waves.

Camouflage design or camouflage tower means the design of a tower or tower structure that blends into the surrounding environment and is visually unobtrusive. Examples of a camouflage design or tower are architecturally screened, roof-mounted antenna/array/equipment, building-mounted antenna/array/equipment that is painted and treated as an architectural element to blend with the existing building, designs that conceal the antenna/array/equipment, man-made trees, clock towers, bell towers, steeples, light poles, and similar alternative-design mounting structures.

Commission means the tower permit commission.

Department means the department of planning and development.

Director means the director or director's designee of the department.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Grade means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building or structure and a line five feet from the building or structure.

HAHC means the Houston Archaeological and Historical Commission.

Height of the building means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of the building:

a.

The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when the sidewalk or ground surface is not more than ten feet above the lowest grade.

b.

An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in item (a) above is more than ten feet above lowest grade.

The height of a stepped or terraced building is the maximum height of any segment of the building.

Height of the tower means the vertical distance between the finished grade at the base of the tower or the lowest point of contact with the building, and the highest point of the tower structure, excluding the antenna, if any.

High mast light structure means a fixed, freestanding uninhabitable structure of a minimum height of 100 feet, specifically designed to carry light fixtures that is built on land on, along or adjacent to streets, roads, highways and bridges maintained by the state or political subdivision of the state.

Historic district means a district so designated by city council under article III of chapter 33 of this Code or an area for which an application for designation has been initiated thereunder and has not been disapproved by city council.

Landmark means a property so designated by city council under article III of chapter 33 of this Code or a property for which an application for designation has been initiated thereunder and has not been disapproved by city council.

Park means any property of the state or political subdivision thereof that is designated for and restricted to use by the public for park purposes.

Public utility means any person, company, corporation, cooperative corporation, partnership, or any combination thereof, that is subject to both a municipal franchise agreement and the comprehensive regulatory system established by and defined in the Texas Public Utility Regulatory Act, that owns or operates for compensation equipment or facilities for:

a.

Producing, generating, transmitting, distributing, selling, or furnishing electricity; or

b.

The conveyance, transmission, or reception of communications over a telephone system as a dominant carrier.

The term "public utility" shall not include, as is defined in the Public Utility Regulatory Act, telegraph services, television stations, radio stations, community antenna television services, general radio-telephone services, or radio-telephone services authorized under the Public Mobile Radio Services rules of the Federal Communications Commission or private water companies.

Residence means any permanent building or structure containing habitable rooms for nontransient occupancy, designed and used primarily for living, sleeping, cooking and eating, which is intended to be used or occupied as a dwelling place for residential purposes, whether or not attached, including homes, town homes, patio-homes, duplexes, triplexes, quadraplexes, condominiums and apartments. Multi-unit complexes shall be included at a ratio of one-eighth acre of land, or any fraction thereof, as being equivalent to one residential tract. For purposes of calculating the ratio of multi-unit complex acreage to residential tracts, only that portion of the multi-unit complex acreage within the residential test area shall be considered. Hotels, motels, boarding houses, group homes, half way houses, nursing homes, hospitals, nursery schools, schools, and child care facilities shall not be considered residences. A building or structure located on a lot or tract of land used as the site of a tower shall not be considered a residence so long as its primary use is to contain, house, store, and protect materials or equipment directly related to the purpose and use of the tower.

Residential means pertaining to the use of land for a residence as is defined in this section.

Residential lot means:

a.

A lot which is included within a recorded residential subdivision subject to any enforceable, valid and unexpired residential deed restrictions upon which a residence exists or may be constructed pursuant to those valid and applicable deed restrictions, or

b.

An unrestricted lot upon which a residence exists.

Residential restrictions means one or more restrictive covenants limiting the use of the property to residential purposes that are contained or incorporated by reference in a properly recorded map, plat, replat, declaration, deed, judgment or other instrument filed in the county real property records, map records or deed records.

Residential area means the area around a proposed tower site that, within the residential test area, contains fifty percent or more tracts wholly or partially therein that are subject to residential restrictions or are in use for residential purposes.

Residential test area means the circular area, as described herein, surrounding a proposed tower structure. The radius of the circle shall be at least 375 feet and not more than 800 feet, and the center of the circular area shall correspond to the center of the base of the proposed tower structure. The radius of the circular area shall conform to the following ratios:

375 feet radius at a tower height of 100 feet or less

600 feet radius at a tower height of more than 100 feet but not more than 150 feet

800 feet radius at a tower height of more than 150 feet

Scenic area means those areas of the city so designated by city council, as listed in chapter 46 of the building code, except that, for purposes of this article, any designated scenic area that has one or more high mast light structures within its boundaries shall not be deemed a scenic area.

Setback area means the circular area surrounding a proposed tower structure and which delineates the area between the site of the proposed tower and the nearest residential structure or residential restricted tract of land as established in section 28-524(g) of this Code.

Subdivision means all land encompassed within one or more maps or plats of land within the city that is divided into two or more parts and are recorded in the deed, map or real property records of the county or counties in which the land covered by the map or plat is located.

Tower or tower structure means a fixed, freestanding or guyed, uninhabitable structure, not designed as a shelter or to be occupied for any use. This definition includes, but is not limited to, any such structure supporting antennae that transmit or receive any portion of the electromagnetic spectrum of radio waves. The following are, by way of example but not limitation, towers or tower structures: guyed or freestanding monopole structures, lattice or open framed structures, antennae supports, water towers, and other similar self-supporting, trussed, or open framed structures.

Tract means a contiguous parcel of property under common ownership.

(Ord. No. 91-1734, § 2, 12-11-91; Ord. No. 98-253, § 2, 4-8-98; Ord. No. 2014-364, §§ 6(Exh. A), 7, 4-30-2014)