Article 9. COMMUNICATION TOWER REGULATIONS, Appendix A. ZONING, CODE OF ORDINANCES, Code of Ordinances, Meriwether County

Meriwether County

Code of Ordinances

CODE OF ORDINANCES

Appendix A. ZONING

Article 9. COMMUNICATION TOWER REGULATIONS

9.1

Definitions

Alternative Tower Structure. Shall mean man-made trees, clock towers, bell steeples, light poles, and similar alternative design mounting structures that camouflage or conceal presence of antennas or towers.

4.[2.]

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

5.[3.]

FAA. Shall mean the Federal Aviation Administration.

6.[4.]

FCC. Shall mean the Federal Communications Commission.

7.[5.]

Height. Shall mean, 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.

5.[6.]

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

9.2

Purpose

The purpose of this ordinance is to establish general guidelines for the sitting of towers and antennas. The goals of this ordinance are to:

Encourage the location of towers in non-residential areas and minimize the total number of towers throughout Meriwether County;

Encourage strongly the joint use of new and existing tower sites;

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the County is minimal;

Encourage users of towers and antennas to configure them in a way to minimize the adverse visual impact to the county;

Enhance the ability of the providers of telecommunications services to provide such services to the county quickly, effectively and efficiently.

9.3

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

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping which will blend the tower facilities to the natural setting and built environment.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color or colors that is identical to, or is closely comparable with, the supporting structure and/or surrounding area so as to make the antenna and related equipment as visually unobtrusive as possible.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Zoning Administrator may review the available lighting alternatives and approve the design which would cause the least disturbance to the surrounding views.

9.4

General

Height Limitations: The height limitations set forth in the section of the Zoning Ordinance as applicable to buildings and structures shall not apply to towers and antenna. Towers and antenna shall be governed by the Special Use Permit procedures set forth herein.

Tower Height Threshold: These standards shall only be applicable to antenna and towers in excess of thirty-five (35) feet in height.

The County Commission may consider for approval a site plan specific request that is in substantial conformance with the requirements listed herein.

9.5

Special Use Permit

9.5-1

Special Land Use Permit shall be required for all television, land mobile, communication, microwave, radio transmission antennae and towers.

9.5-2

Federally licensed amateur radio antennas under seventy (70) feet in height are exempt from Special Use Permit requirements.

9.6

Requirements

All towers and antennae in excess of seventy (70) feet located in an industrial zone shall be set back according to front yard requirements stated in Table 7.1. Towers with trigger links shall be set back one-half (1/2) the distance of the length of the tower when located in areas zoned general commercial and setback the full height of the tower if located in any residential or rural development zoned district.

At the time of filing the application for a tower, the applicant shall provide a site plan and information regarding topography, coverage zone, and tower height requirements.

Shared usage of towers and antennae facilities is encouraged, and towers shall be designed to accommodate such uses.

Accessory structures shall be limited to usages associated with operation of the antennae or towers and shall be appropriate in scale and intensity.

All towers and antennae shall be equipped with an anti-climbing device such as a six (6) foot wall, fence or other appropriate devices to prevent unauthorized access.

All towers and antennae must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission or such governing agency guidelines as may be established by named agencies.

At the time of application for a building permit, the plans for tower or antenna construction shall be certified by an independent registered structural engineer as meeting all current safety and design standards of all applicable codes. Cost of engineering evaluation shall be the responsibility of the individual or corporation applying for the building permit.

Applicants are required to explore and fully utilize existing tower and antennae space.

Non-residential sites are encouraged for tower location where possible and use of platted lots in existing subdivisions are discouraged.

10.

In addition, all such towers and antennae shall be designed to minimize visual and scenic impact when located on slopes greater than fifteen (15%) percent or on top of such slopes.

11.

Any tower approved under the provisions of this ordinance which is not utilized by any communications service provider for any communications related purpose for a period of twelve (12) consecutive months shall lose any privilege of special use previously granted by the County Commission and must therefore be re-submitted for approval prior to use for any purpose.

9.7

Co-location of Antennas

9.7-1

Co-location. In addition to all applicable building and safety codes, all towers, except amateur radio towers, shall be designed to accommodate the co-location of cellular telecommunications antennas according to the following:

For towers up to 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, which ever is greater;

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

9.7-2

Co-locating Antennas on Existing Towers. Any person or entity co-locating an antenna or antennas and related equipment or appurtenances on or around a tower for which a permit has already been issued is not required to apply for a Special Use Permit. Administrative approval by the Zoning Administrator may be granted upon proof that the tower is structurally capable of holding the antenna and submission of the following:

The name of the person or entity co-locating the antenna.

The name of the owner of the tower.

The tower's permit number.

The location of the tower.

The remaining structural capacity of the tower.

Certification that the antenna and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations governing non-ionizing electromagnetic radiation (NIER), and that the radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety.

9.7-3

Location of Antennas on Non-Residential Structures. Any person or entity locating an antenna or antennas and related equipment or appurtenances on or around existing non-residential structures is not required to apply for a Special Use Permit, but shall be required to obtain administrative approval by the Zoning Administrator upon proof that the structure is capable of holding the antenna and related equipment and submission of the following:

The name of the person or entity locating the antenna.

The location and use of the structure being used to locate the antenna.

Permission from structure's owner to locate antenna.

9.8

Landscape Buffer/Screening Requirements

9.8-1

Unless otherwise noted within this section's requirements, or otherwise approved by the County Commission, any commercial tower or antennae which abuts a residentially zoned property shall have a minimum forty (40) foot setback from the residential property, fifteen (15) feet of which shall be a landscaped, screening buffer between the tower and the residentially zoned property.

NOTE: Required buffers may be included within required setbacks; however, in such case where required buffers and setbacks are in conflict the more stringent shall apply.

Additionally, necessary private utilities and/or access drives may be allowed through, over, or across a landscaped buffer. Any such uses which are proposed through, over, or across a designated, undisturbed buffer must be approved pursuant to an original site plan approved by the Zoning Administrator.

9.8-2

Objectives: The above required landscape screening buffer shall be implemented in connection with a permitted project and shall address the following objectives:

Screening to enhance aesthetic appeal;

Control or direct vehicular and pedestrian movement;

Reduce glare;

Buffer noise; and

Establish privacy.

9.8-3

Standards: The required landscape buffer/screening requirements are subject to review and approval by the Zoning Administrator in accordance with the following standards:

Plantings are to be a mix of rows of evergreen trees and shrubs, deciduous trees and evergreens taller than the required five (5) foot minimum;

Species are to be ecologically compatible to site and appropriate for design situation;

Unless public safety concerns dictate otherwise, buffers should provide maximum visual barrier to adjoining properties and public streets;

Minimum height of plant materials at installation is to be five (5) feet for trees;

Fencing or walls are to be a minimum of six (6) feet in height.

Buffers shall be regularly maintained by the property owner(s) to ensure that the above objectives and standards are met;

When topography and existing conditions allow, the required landscape buffer should be undisturbed; provided, however, the buffer may be crossed by an access drive and/or necessary utilities as shown on the site plan.

Any appeals from a determination by the Zoning Administrator regarding the landscape buffer shall be considered by the Planning Commission.

9.9

Action by County Commission

9.9-1

Upon receipt of Special Use Permit Application there will be a public hearing regarding the Special Use and building permit.

9.9-2

Public notification. Legal notice of the public hearing before the County Commission shall be published in the newspaper of general circulation in Meriwether County in which the legal advertisements of the County are published.

The application advertisement shall include date, time, place and purpose of the public hearing at least 15 days and not more than 45 days prior to the date of the date of the first hearing by the County Commission.

9.9-3

The County Commission shall approve or deny any special use permit request and require any conditions deemed necessary or appropriate to maintain safety, health, scenic value, and welfare of Meriwether County. Any special use permit for communications towers that is denied shall be supported by substantial evidence contained in a written record.

9.10

Standards for Review:

9.10-1

The County Commission shall consider the following factors in determining whether to approve this proposed use:

Height of the proposed tower/fall zones;

Proximity of the tower to residential structures or uses which may be incompatible with the towers (such as private or public airports);

Nature of uses on adjacent and nearby properties;

Surrounding topography;

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

Proposed ingress and egress; and

Availability of suitable existing towers and other structures.

9.10-2

Availability of Suitable Existing Towers or Other Structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

Existing towers and structures do not have sufficient height to meet applicant's engineering requirements.

Existing towers and structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

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

The fees, costs or contractual provisions required by the owner in order 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.

The applicant demonstrates there are other limiting factors that render existing towers and structures unreasonable.

9.11

Action by County Staff

Upon approval by County Commission the Special Use Permit and Building Permit shall be issued upon receipt of the fee as assessed in compliance with the schedule posted in the County Building and Zoning office of Meriwether County.

(Ord. of 4-12-06(2))