San Marcos Development Code (effective Nov. 3, 2021)

5 C H A P T E R

Use Regulations

2. Communications antennas and suppor t structures/towers.

2. No commercial antenna suppor t structure shall be closer to any residential district or existing residential dwelling than a distance equal to twice the height of the suppor t structure. a. Such setback/distance shall be measured as the shor test possible distance in a straight line from the structure to the closest point of the district boundary line or existing residential dwelling. Setbacks from residentially zoned proper ty do not apply to antennas placed wholly within or mounted upon a building. 3. No amateur or commercial antenna, antenna suppor t structure, microwave reflector/antenna, or associated foundations or suppor t wires or appur tenances shall be located within any required setback area. 5. Temporary antennas shall only be allowed in the following instances: a. In conjunction with a festival, carnival, rodeo or other special event/activity; b. In case of an emergency (e.g., severe weather, etc.) or a news coverage event; c. When needed to restore service on a temporary basis after failure of an antenna installation. The City must be notified within 72 hours of the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven days, then the owner/user must apply for and acquire a permit for the temporary installation on or before the eighth day following initial placement of the antenna. a. All new antenna suppor t structures over 50 feet in height shall be constructed to suppor t antennas for at least two carriers, unless the structure is an alternative or stealth design, or the suppor t structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment shall also be provided. 4. A building permit is required to erect or install an antenna. 6. Co-location is greatly encouraged by the City.

3. Water or sanitary sewer treatment plant.

C. Communications Antennas and Support Structures/Towers

1. Use Standards.

2. These regulations apply to all commercial and amateur antennas and antenna suppor t structures, unless exempted. 3. Exempt. Direct broadcast antennas or satellite dish antennas, multi-channel multi-point distribution (as defined by the FCC) antennas, television reception antennas, and amateur radio antennas meeting the following requirements do not require a permit unless mounted on a pole or mast that is 20 feet or more in height: b. Antennas designed to only receive television broadcasts; c. Amateur radio antennas concealed behind or located upon or within Attics, eaves, gutters or roofing components of a building; and d. Amateur radio ground-mounted whips and wire antennas, mounted on a pole or mast less than 20 feet in height. e. Antennas and antenna suppor t structures operated by public safety or other emergency service providers 4. Suppor t structures or antennas legally installed before the effective date of this Development Code are not required to comply with this Development Code, but must meet all applicable State, Federal and local requirements, building codes and safety standards. 5. Unused or abandoned antennas or antenna suppor t structures must be removed at the owner’s expense upon notification by the City. a. Antennas that are three feet or less in diameter;

D. General Requirements:

1. Antennas and antenna suppor t structures may be considered either as a principal use or as an accessory use.

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Amended: November 3, 2021 San Marcos Development Code