§ 4.29. Standards for communication towers.

4.29.1.

General requirements.

A.

The height limitations set forth in this chapter applicable to buildings and structures shall not apply to communication towers which shall be governed by this section.

B.

A variance shall be approved by the board of zoning appeals for the construction of all new communication towers within the city excluding such towers erected in the AG, L-I, H-I, or MN zoning districts. In addition to standards required in this chapter, the following standards shall be considered by the board of zoning appeals prior to the approval of a variance for a communication tower:

1.

Height of the proposed tower.

2.

Proximity of the tower to residential structures and residential zoning districts, historical districts, parks, and designated nature preserve areas.

3.

Nature of the uses on adjacent and nearby properties.

4.

Surrounding topography.

5.

Surrounding tree coverage and foliage.

6.

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

7.

Impact upon the Cartersville/Bartow County airport.

8.

Availability of suitable existing towers and other structures for co-location as defined in this chapter.

C.

All new communication towers or antennas shall obtain a building permit prior to the construction or placement of such structures or facilities. A building permit shall not be approved for such towers without prior approval of a special use if so required by this section. Excludes noncommercial amateur radio antennas, towers, and supporting structures.

D.

The application for a communication tower shall include, but not be limited to, the following information:

1.

A survey site plan drawn to scale showing all property lines with dimensions, location of existing buildings and other structures, topography, location of setback lines or other dimensional requirements, proposed tower location, tower height, location of accessory structures to the tower, proposed landscaping, neighboring uses, north arrow, and property street number;

2.

The coverage zone of the proposed tower;

3.

A report, documented by the submission of a certification by a qualified engineer, showing evidence of an engineering nature which demonstrates that no existing tower or structure can accommodate the proposed antenna(s). Said report shall include, but not be limited to, the following information:

a.

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

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;

c.

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

d.

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;

e.

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 considered to be unreasonable); or

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable; and

4.

A report explaining the process by which the subject site was chosen.

E.

Shared usage of communication towers and antenna facilities is encouraged, and towers shall be designed to accommodate at least one (1) other entity to co-locate on such towers.

F.

Accessory structures shall be limited to such structures associated with the operation of a communication tower.

G.

All self-supporting communication towers shall be equipped with an anti-climbing device to prevent unauthorized access and such towers and related equipment and buildings shall be enclosed by security fencing not less than six (6) feet in height.

H.

All communication towers must meet or exceed current codes, rules, standards, and regulations of the Federal Aviation Administration, the Federal Communications Commission or such governing agency guidelines as may be established from time to time. All such towers must be updated and brought into conformity with such standards and regulations within six (6) months of their adoption or as required by code if less than six (6) months. The failure to comply with this provision shall be grounds for the city to require repermitting or removal of the tower at the owner's expense.

I.

At the time of application for a building permit, the plans for the construction of a communication tower shall be certified by an independent registered structural engineer as meeting all current safety and design standards of all applicable codes.

J.

Communication towers are encouraged to locate in nonresidential areas where possible. Self-supporting towers shall not be permitted within a single-family residential zoning district unless the applicant can show that the denial of a permit in such a location will cause a significantly harmful and permanent degradation of service which cannot be overcome by any other means including planned or potential locations which would provide the same or similar coverage or capacity. Such towers shall not be permitted in any platted residential subdivision.

K.

Self-supporting communication towers shall not be permitted in the DBD zoning district or the Etowah Valley Historic District.

L.

Lattice and guy tower structures shall be permitted only within the L-I H-I, or MN zoning district.

M.

Communication towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration, Federal Communications Commission, or other applicable federal or state agency, be painted a neutral color or painted to match the existing structure so as to reduce visual obtrusiveness.

N.

Communication towers shall not be artificially lighted unless required by the Federal Aviation Administration, Federal Communications Commission or other state or federal agency of competent jurisdiction. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

O.

Communication towers shall not exceed a height above the "clear zone" required for a safe approach to the Cartersville/Bartow County Airport as set forth by the Federal Aviation Administration if within a three-mile radius of said airport.

P.

Any communication tower approved under the provisions of this section which is not utilized by any communications service provider for any communications related purpose for a period of twelve (12) consecutive months shall be considered abandoned and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the city. If such antenna or tower is not removed within said ninety (90) days, the city may remove such antenna or tower at the owner's expense.

4.29.2.

Self-supporting communication tower setback, height, and separation.

A.

Self-supporting towers erected in the AG, L-I, H-I, or MN zoning district shall be set back a distance equal to one-third ( 1/3 ) the height of the tower from all adjoining property lines where such lines do not adjoin a residential zoning district and a distance of twice (× 2) the height of the tower from all property lines which adjoin a residential zoning district.

B.

Self-supporting towers erected in a nonresidential zoning district, excluding the AG, L-I, H-I, or MN zoning districts, except where otherwise stated in section 4.31.2.A. of this chapter, shall be set back a distance equal to the full vertical height of the tower from all adjoining property lines of a nonresidential zoning district and a distance of twice (× 2) the height of the tower from all property lines which adjoin a residential zoning district.

C.

Self-supporting towers erected in a residential zoning district shall be set back a distance equal to the full height of the tower from any nonresidential zoning district and a distance of twice (× 2) the height of the tower from all property lines which adjoin a residential zoning district or any residential structure.

D.

Self-supporting towers shall be limited to a height of two hundred (200) feet in a AG, H-I, or MN zoning district, one hundred fifty (150) feet in a L-I or G-C zoning district, and one hundred twenty (120) feet in a P-D, M-U, P-S, O-C, or P-I zoning district or any residential zoning district.

E.

Self-supporting towers shall be separated a distance equal to one-quarter (¼) of a mile. (Excludes such towers erected in the H-I or MN zoning district.)

F.

For purposes of determining whether the installation of a self-supporting tower complies with setback requirements, the dimensions of the entire lot shall control, even though the tower may be located on leased parcels within such lots.

4.29.3.

Landscaping requirements. Where adequate existing vegetation is not present, as determined by the city, communication towers located in all zoning districts other than H-I or MN shall have the base of the tower and any accessory structures to the tower screened on all sides with a landscaped area having a minimum width of fifteen (15) feet. Said area shall be included in the setback and shall be planted with trees of an evergreen species capable of achieving a minimum height of twenty (20) feet at maturity so as to provide a visual barrier. Required plantings shall be a minimum of five (5) feet in height at the time of planting and placed outside of any required security fencing and shall be regularly maintained by the property owner(s) to ensure that the above objectives and standards are met.

4.29.4.

Nonconforming structures. Any communication tower existing on the date of the adoption of this section of this chapter shall be considered a nonconforming structure and shall be required to follow the standards set forth in Article XIX of this chapter.

4.29.5.

Exemptions.

A.

A single tower seventy-five (75) feet in height or less owned and operated by a federally licensed amateur radio station operator shall be exempt from these requirements. However, the owner or operator of such antenna shall be required to comply with all applicable city, state, and federal building codes and with section 4.30 of this chapter.

B.

Antenna facilities attached to existing nonresidential structures are exempt from these requirements except that such antennas shall meet or exceed Federal Aviation Administration and Federal Communications Commission standards and shall be limited to ten (10) feet in height above an existing structure in the historic DBD zoning district and twenty (20) feet in height above an existing structure in all other zoning districts. Such nonresidential structures shall include buildings, light poles, water towers, church steeples, and other similar structures. Such antennas shall not be attached to freestanding sign structures. Prior to placement, a building permit shall be obtained. Placement of antennas or other communications equipment on any nonconforming use shall provide no vested right for continued use of the site should the nonconforming use cease.

C.

Attachment of additional antennas or transmission equipment to existing permitted communication towers shall be exempt from these requirements so long as the height of said tower is not increased; such equipment meets or exceeds Federal Aviation Administration and Federal Communications Commission standards; and a building permit is obtained prior to such attachment.

D.

A monopole communication tower up to ninety (90) feet in height placed on nonresidential zoned sites shall be exempt from these requirements except that such towers shall be set back from all property lines a distance of one-third ( 1/3 ) the height of the tower except when abutting a residential property whereby the minimum setback distance shall be equal to twice (× 2) the height of the tower. Such towers shall be no closer than one-quarter (¼) mile to any other self-supporting communication tower unless within the H-I or MN zoning district and must obtain a building permit prior to construction.

E.

Alternative communication tower structures such as manmade trees, clock towers, bell steeples, flagpoles, light poles, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers shall be exempt from these requirements. Such towers shall obtain a building permit prior to construction.

F.

Communication towers constructed on the governing authority's properties, facilities, or structures shall be exempt from these requirements. Private facilities and structures placed upon the governing authority's property shall be governed by a lease agreement between the governing authority and the provider.

4.29.6.

Variances. Variances from this section may be applied for and granted in the same procedural manner as required by Article XXII of this chapter.

4.29.7.

Appeals. Appeals regarding the requirements of this section shall follow the procedures as set forth in Article XXII of this chapter.