§ 34-298. Telecommunications antennas and towers

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative tower structure means manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna means any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Preexisting tower and antenna means any such structure or unit in existence or for which a building permit has been issued as of the effective date of the ordinance from which this section is derived.

Public officer, as used in O.C.G.A. § 41-2-8, means the planning director of the county.

Tower means any structure that is designed and constructed for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, etc.

(b) Location generally. Antennas and towers shall be permitted within all zones subject to the usual minimum setback requirements for the zone, but further provided as follows:

(1) Nonresidential standards. Within all commercial (C-1), commercial neighborhood (CN) or industrial (I-1) zones, such towers shall be set back at least the height of the tower, plus ten feet from any adjacent residentially or agriculturally zoned property or any single-family, duplex or multifamily dwelling located within such non-residential zones.

(2) Residential, agricultural and planned unit development standards. Within all residential (R-1, R-2 and R-3), agricultural (A-1) or planned unit development (PUD) zones, such towers shall be set back at least the height of the tower, plus ten feet from any single-family, duplex or multifamily dwelling located on the same lot or tract as the tower and the same distance (the height of the tower, plus ten feet) from all lot lines for adjacent residential, agricultural or PUD zoned property not in the same ownership or not assembled for use as the tower site.

(c) Power and structural integrity. Antennas and towers shall meet or exceed all Federal Communications Commission (FCC) and American National Standard Institute (ANSI)/Institute of Electrical and Electronics Engineers (IEEE) standards for power density levels and structural integrity, and it shall be the responsibility of the applicant to so certify in documents submitted in support of a permit. Preexisting installations shall comply whenever addition of a new or additional antenna or other modification necessitates a change in electrical service.

(d) Permit applications. The following information shall be provided at the time of application for a permit:

(1) A scaled site plan, a landscape plan and a scaled elevation view of the type of facility to be placed on the site. The site plan shall depict where the tower is to be located on the site and where additional collocated communication equipment, shelters or vaults can be placed.

(2) Identification of the intended users of the tower.

(3) Documentation provided by a registered engineer that the tower has sufficient structural integrity and equipment space to accommodate multiple users.

(4) Documentation provided by a registered engineer that the tower and intended antenna installations meet or exceed all FCC, ANSI and IEEE standards for power density levels and structural integrity.

(5) Documentation by the applicant that no suitable existing facilities within the coverage area are available to the applicant. Documentation may include maps, letters from adjacent tower owners or calculations. Facilities include other towers, buildings or presently constructed non-tower structures.

(6) Documentation by a registered engineer and certification by the applicant that the intended installation will not conflict with local, state or federal emergency communications and a statement of agreement that any such conflict, if such should occur, will be remedied at the expense of the owner or applicant.

(7) A statement indicating the owner's commitment to allow feasible shared use of the tower and how many other users can be accommodated within the design parameters of the tower, as proposed.

(8) Names, addresses and tax/parcel numbers of all property owners within 300 feet of the site existing at the time of application.

(9) An erosion/sedimentation plan if anticipated earth disturbance equals or exceeds state requirements for such activity.

(e) Collocation design. In addition to all applicable building and safety codes, all towers, except amateur radio towers, shall be designed to accommodate the collocation of other telecommunications antennas in accordance with the following:

(1) For towers up to 150 feet in height, the structure and fenced compound shall be designed to accommodate at least two providers or the maximum number of users as determined by the most current technology, whichever is greater;

(2) For towers greater than 150 feet in height, the structure and fenced compound shall be designed to accommodate at least three providers or the maximum number of users as determined by the most current technology, whichever is greater.

(f) New towers. No new tower, except amateur radio towers, shall be permitted unless the applicant submits evidence to demonstrate to the satisfaction of the permitting office and the commissioner that no existing tower or existing alterative tower structure can accommodate the applicant's proposed antenna.

(g) Aesthetics and landscaping. The guidelines set forth in this subsection shall govern the design and construction of all towers, and the installation of all antennas governed by this section, and shall be approved by the planning director:

(1) Towers and/or antennas shall either maintain a galvanized steel or concrete finish or, subject to any applicable standard of the Federal Aviation Administration, be painted a neutral color to reduce visual obtrusiveness.

(2) At all tower sites, the design of all buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and building environment. Any equipment or cabinet that supports telecommunication facilities must be concealed from public view and made compatible with the architecture of the surrounding structures or placed underground. Equipment shelters or cabinets shall be screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained.

(3) For antennas installed on a structure other than a tower, the antenna and supporting electrical and mechanical ground equipment shall be of a neutral color to make the antenna and related equipment visually unobtrusive.

(4) Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the commissioner may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. The lighting shall be dimmed or changed to red lights from sunset to sunrise.

(5) No signage or other identifying markings of a commercial nature shall be permitted upon any tower or alterative tower structure within the county.

(6) To the extent practical, towers or other telecommunication facilities shall not be placed in a direct line of sight with historic or scenic view corridors designated by the commissioner or by any state or federal law or agency.

(7) Access to the tower site shall be restricted to minimize visibility of the access. Where possible, existing roads shall be used. Where no roads exist, access shall follow the existing contours of the land.

(8) Where adequate vegetation is not present, tower facilities shall be landscaped with a landscaped strip of plant materials which effectively screen the view of the tower compound. Landscaped strips shall be a minimum of ten feet in width and located outside the fenced perimeter of the compound.

(9) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. Where natural vegetation around the perimeter of the site would provide an adequate visual screen, an undisturbed buffer may be utilized. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost.

(10) Landscaping shall be maintained by the provider and shall be subject to periodic review by the planning director to assure proper maintenance. Failure to maintain landscaping shall be deemed a violation of this section.

(11) Such other additional requirements may be imposed as the planning director shall reasonably require to minimize the visual impact of the site on the surrounding area.

(h) Amateur radios, receive-only antennas, emergency and government-related antennas and supporting towers. This section shall not govern any tower, or the installation of any antenna that is under 150 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used for noncommercial receive-only antennas, or is used for emergency or government-related communications. Any provision of this section to the contrary notwithstanding, all towers shall be constructed in substantial compliance with the manufacturer's recommendations, and shall be no closer to adjacent residential structures than the height of the tower, plus ten feet, but with structures located on the host property not considered for purposes of height and setback calculation, except that no such tower shall be located within a required front yard setback area.

(i) Concealed antennas/locations on existing structures. An antenna may be permitted to be placed on or within an existing structure without additional restrictions. For purposes of this regulation, towers and antennas are permitted to be located on steeples, silos, spires, utility water tanks or towers, athletic field lighting poles, utility poles and similar structures. Towers, antennas and associated equipment which are totally concealed within a building or structure so that they are architecturally indiscernible shall not be considered towers or antennas for transmitting and receiving electronic signals and may be permitted in all zoning districts, subject to normal procedures for electrical connections.

(j) Federal standards and regulations. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the permittee or the lessee of the tower and antenna governed by this section shall bring such tower and/or antenna into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more or less stringent compliance schedule is mandated by the controlling federal agency. Failure to bring such tower and/or antenna into compliance with such revised standards and regulations shall be deemed to be a declaration of abandonment of the tower and constitute grounds for the removal of the tower or antenna at the owner's, permittee's or lessee's expense.

(k) Abandonment. The owner or lessee of a tower or antenna shall promptly notify the commissioner of its intent to abandon or of the abandonment of any tower or antenna. Any tower or antenna that is not operated for a continuous period exceeding 12 months shall be considered abandoned and the owner of such antenna or tower shall remove the structure within 90 days of such abandonment. If said tower or antenna is not removed within said 90 days, the commissioner may take such action as may be deemed necessary to remove or cause to be removed such antenna or tower at the owner's expense.

(l) Permit application procedures and fees. All applications for permits for the location and construction of towers, antennas and telecommunication facilities shall be submitted to the county department of planning and development. The application shall be in a form and format to be determined by the department, and necessary supporting information, including certifications by licensed engineers or other qualified technicians, may be required as needed to assure that the proposed structure and use is in keeping with the terms and spirit of this section. Further, fees may be charged as needed to administer these regulations pursuant to a schedule to be determined and established separately by the commissioner.

(Ord. of 5-1998(1), § 5.07)