§ 22.5-54. General provisions.

(a)

Principal or accessory use. A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure, and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structure. An existing use or structure on the same lot or parcel shall not preclude the installation of an antenna or tower. For purposes of determining whether the installation of a tower or antenna complies with zoning district requirements, including, but not limited to, set-back, buffer and other requirements, the dimensions of the entire lot or parcel shall control, even though the antenna or tower may be located on a leased area within such lot or parcel. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

(b)

Inventory of existing sites. To facilitate the colocation of antennas, each applicant seeking to locate a new tower, alternative tower structure or antenna, or modify any such existing structure, shall provide to the department an inventory of it's existing towers or alternative tower structures. Applicants seeking to erect an amateur radio tower or antenna shall be exempt from this provision. The inventory shall include all such structures that are within the jurisdiction of the mayor and council or within one-quarter (¼) mile of the city limits, and shall include specific information about the location (latitude and longitude coordinates), height, design, tower type and general suitability for antenna colocation of each tower, and other pertinent information as may be required by the department. The department may share such information with other applicants for a tall structures permit under this chapter or other organizations seeking to locate towers or antennas within the jurisdiction of the mayor and council, provided, however that the department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(c)

Colocation; design requirements. In addition to all applicable building and safety codes, all towers, except amateur radio towers, shall be designed to accommodate the colocation of cellular telecommunication antennas according to the following:

(1)

For towers up to one hundred fifty (150) feet in height, the structure and fenced compound shall be designed to accommodate at least two (2) providers, and

(2)

For towers greater than one hundred fifty (150) feet in height, the structure and fenced compound shall be designed to accommodate at least three (3) providers.

(d)

Colocation; availability of suitable existing structures. No new tower, except amateur radio towers, shall be permitted unless the applicant demonstrates to the satisfaction of the department and mayor and council of the city that no existing tower or existing alternative tower structure can accommodate the applicant's proposed antenna. All evidence submitted shall be signed and sealed by appropriate licensed professionals or qualified industry experts. Evidence submitted to demonstrate that no existing tower or structure can accommodate the proposed antenna shall consist of one (1) or more of the following:

(1)

That no existing towers or suitable alternative tower structures are located within the geographic antenna placement area required to meet the applicant's engineering requirements.

(2)

That existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

(3)

That existing towers or structures do not have sufficient structural strength to support the applicant's antenna and related equipment.

(4)

That the applicant's proposed antenna(s) would cause electromagnetic interference with the antenna(s) on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(5)

That the cost or contractual provisions required by the tower owner to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(6)

That the applicant adequately demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(e)

Aesthetics. The guidelines set forth in this section shall govern the design and construction of all towers, and the installation of all antennas, governed by this chapter.

(1)

Towers and/or antennas shall either maintain a galvanized steel or concrete finish or, subject to any applicable standards of the FAA, be painted a neutral color so as 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.

(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 so as 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 mayor and council may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

(5)

No signage or other identifying markings of a commercial nature shall be permitted upon any tower or alternative tower structure within the city.

(f)

Setbacks and separation. The following setbacks and separation requirements shall apply to all towers.

(1)

Towers shall be set back a distance equal to one-third ( 1/3 ) of the height of the tower from its base to any public right-of-way or property line of the lot or parcel containing the tower.

(2)

Guy-wires and accessory buildings and facilities shall meet the minimum accessory use location and setback requirements.

(3)

In zoning districts other than NC, CC, GB, DC and P, towers over one hundred fifty (150) feet in height shall not be located closer than one thousand five hundred (1,500) feet from any existing tower that is over one hundred (150) feet in height. This requirement shall not apply to amateur radio towers.

(g)

Security fencing/anti-climbing devices. All towers and supporting equipment shall be enclosed by fencing not less than six (6) feet in height and shall also be equipped with appropriate anti-climbing devices. Fencing shall be of chain link, wood or other approved alternative. Amateur radio towers and antennas, or receive-only antennas shall not be subject to the provisions of this section unless required by the board of commissioners through the tall structures permit process.

(h)

Landscaping. The following requirements shall govern landscaping surrounding all towers.

(1)

Where adequate vegetation is not present, tower facilities shall be landscaped with a landscaped strip of plant materials which effectively screens the view of the tower compound. Landscaped strips shall be a minimum of ten (10) feet in width and located outside the fenced perimeter of the compound. Landscaped strips shall satisfy the minimum design and planting requirements for buffers established in the city zoning ordinance.

(2)

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.

(3)

Amateur radio towers and antennas, or receive-only antennas shall not be subject to the provisions of this section unless required by the mayor and council through the tall structures permit process.

(i)

Review of tower and antenna erection by airport commission. If upon receipt of an application for the erection of any tower or alternative tower structure governed by this chapter, the department deems that the proposed structure may interfere with the use of the airways of the city by the public or interfere with the operation of existing or proposed airport facilities, a copy of the application shall be submitted by the department to the Fitzgerald-Ben Hill County Airport Commission for review and recommendation.

(j)

Federal requirements. 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 owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) 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 towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. Any such removal by the mayor and council shall be in the manner provided in O.C.G.A. §§ 41-2-7 through 41-2-17.

(k)

Building codes; safety standards. To ensure the structural integrity of towers, the owner, permittee or subsequent lessee of a tower or alternative tower structure shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the department concludes that a tower fails to comply with all applicable codes and standards, or constitutes a danger to persons or property, then upon receipt of written notice by the owner, permittee or lessee of the tower, said party shall have fifteen (15) days to bring the tower into compliance with such standards. If the owner, permittee or lessee fails to bring the tower into compliance within the fifteen (15) days, the mayor and council may remove the tower at the owner, permittee or lessee's expense. Prior to the removal of any tower, the department may consider detailed plans submitted by the owner, permittee or subsequent lessee for repair of substandard towers, and may grant a reasonable extension of the above referenced compliance period. Any such removal by the mayor and council shall be in the manner provided in O.C.G.A. §§ 41-2-7 through 41-2-17.

(l)

Change of ownership notification. Upon the transfer of ownership of any tower, alternative tower structure, or lot upon which such a structure has been erected, the tower permittee shall notify the department of the transaction in writing within thirty (30) days.

(Ord. No. 00-1270, §§ 4.1—4.12, 7-10-00)