Design Standards.
i. The
Use Chart shall govern the use of Wireless Communication Systems. Prior to filling a request for a building permit and/or a Specific Use Designation, whichever is applicable, the following requirements must be met:
(a) The setback of an antenna support structure from a residential zoning district, except by a Specific Use Designation, measured from the base of the antenna support structure to the nearest residential zoning district boundary shall be equal to the height of the antenna support structure plus the setback of the zoning in which it is located.
(b) The unmanned equipment buildings shall not exceed 750 square feet of gross floor area per building and shall not exceed 12 feet in overall height.
(c) The overall height of antenna support structures including the antenna shall not exceed 150 feet. Buildings or other independent support structures as defined in this Section shall be exempt from the maximum height requirement; however, they shall comply with all other requirements as set forth.
(d) The fall radius of the antenna support structure must be from finished grade to the height of the antenna plus an additional ten feet.
(e) A building permit from the Building Official of the City of Midland shall be required for the installation of any antenna support structures, antennas attached to buildings or other independent support structures and unmanned equipment buildings developed for Wireless Communication Systems. An application for a building permit shall be accompanied by the following in duplicate:
(i) A complete set of construction documents showing the proposed method of installation.
(ii) A copy of the manufacture's recommended installation instructions, if any.
(iii) A diagram to scale showing the location of the antenna, property and setback lines, easements, power lines, all structures and the distances from all residential zoning districts.
(iv) Certification by a structural or civil engineer registered with the State of Texas that the proposed installation complies with the requirements of the City of Midland Building Code.
(v) Certification stating that all antennas and antenna support structures shall comply with the height and illumination restrictions established by the FAA (Federal Aviation Administration), its successor, or other applicable federal or state agencies
ii. The shared use of existing antenna support structures and approved antenna support structure sites shall be preferred to the construction of new facilities. The antenna support structures must be constructed to support a minimum of two antenna arrays from two separate Wireless Communication Systems providers or users. Annually, the Building Official shall publish a list of known Wireless Communication Systems providers by advertisement in a newspaper of general circulation. The Building Official may add known Wireless Communication Systems providers to this list. This Wireless Communication Systems providers list shall remain valid for one calendar year. Prior to certification of any application, all applicants for antenna support structures shall comply with the following procedures:
(a) All Wireless Communication Systems applicants shall provide notice by mail to all providers on the Wireless Communication Systems providers list with the following information: specifications of the proposed antenna support structure; its general location; its proposed height; and a phone number to locate the owner of the antenna support structure. A copy of the notice shall be mailed to the Building Official's office. The notices shall invite potential Wireless Communication Systems providers to apply for space on the proposed antenna support structure.
(b) The applicant shall submit a report inventorying existing antenna support structures and antenna sites within a one-mile distance from the proposed site outlining opportunities for shared use as an alternative to the proposed one. In the case of co-location, the pro rata reimbursement to the initial applicant from the future provider shall not exceed 55 percent of the original cost for construction of the antenna support structure.
