§ 4.30. Amateur radio tower.

Definitions. The following definitions shall apply in the interpretation and enforcement of this section of the City of Cartersville zoning ordinance.

1.

Antenna. For the purposes of this section, an antenna shall mean the arrangement of wires and metal rods used in the sending and receiving of electromagnetic waves (radio waves).

2.

Antenna support structure. For the purposes of this section, an antenna support structure shall mean any structure, mast, pole tripod, or tower utilized for the purpose of supporting an antenna or antennas for the purpose of transmission or reception of electromagnetic waves. Buildings and associated roof-mounted equipment shall not be considered as antenna support structures.

3.

Amateur radio station. For the purposes of this section, an amateur radio station shall mean a station operated in the amateur radio service, consisting of the apparatus necessary for carrying on radio communications, under a license by the Federal Communication Commission (FCC) pursuant to 47 C.F.R. part 97.

Permanently installed amateur radio towers and antennas shall be allowed in all zoning districts, excluding the RA-12 and MF-14 districts, and shall comply with the following standards:

1.

Mobile home parks with lots less than 0.25 acres shall be limited to pole or mast supported vertical antennas only. The maximum height of the supporting structure shall not exceed twenty (20) feet above the apex of the roofline of the dwelling.

2.

Permanently installed towers shall be allowed in the rear and side yard only; however, wire antennas may extend into the front yard. The Cartersville Board of Zoning Appeals may approve the location of supporting structures in the front yard if the occupant demonstrates that there is a compelling communications need for such location or if there are limiting characteristics of the subject property, based on topography, that necessitate the location of supporting structures in the front yard.

3.

Manmade ground-mounted antenna support structures, including guy wire anchors, may be erected, constructed, or installed only in the rear or side yards and must be located within the allowable setback of the district in which the subject property is located. However, guy wire anchors may be installed within five (5) feet of the rear or side property lines.

4.

The maximum height of towers shall be seventy-five (75) feet, unless approved by the board of zoning appeals.

5.

Towers shall be set back from all property lines a distance of one-third ( 1/3 ) the height of the tower.

6.

Towers shall be located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the owners primary dwelling.

7.

Towers shall not be lighted, except as required by FAA regulations.

Discontinuance. Within one hundred eighty (180) days of the date of discontinuance, the owner of the property on which an antenna structure is located shall remove the structure from the property in the event licensed amateur radio communications will be discontinued at the property due to change in ownership from a licensed amateur radio operator to a person not licensed to engage in licensed amateur communications, the death of the licensee, or loss or surrender of the FCC license authorizing these communications.