The mayor and council find that the provisions of the present zoning ordinance do not adequately address the placement of towers and antennas within the jurisdictional limits of the city; that the Telecommunications Reform Act of 1996 allows the city to control the placement, construction and modification of communication towers; and that with the advent of enhanced technology the demand for personal communications services will cause an increased need for additional towers and transmission facilities within the jurisdictional limits of the city. The purpose of this ordinance is to balance the interests of the residents of the City of Calhoun, telecommunications providers, telecommunications customers, and developers of tower and antennas facilities in the siting of telecommunications facilities, towers and antennas within the City of Calhoun so as to protect the health, safety and integrity of residential neighborhoods by:

1.

Providing for the appropriate location and development of tower facilities in such locations, which promote public safety and the general welfare and serve the residents and businesses of the city;

2.

Minimizing, through proper siting, screening, and design the potential for visual blight and incompatibility and the proliferation of towers and antennas;

3.

Promoting tower safety through proper engineering and siting;

4.

Promoting and maximizing the shared use or collocation of new and existing towers;

5.

Encouraging the use of existing structures for antennas locations as an alternative to the development of additional single use towers; and

6.

Accommodating the increased demand for tower facility development.

As used in this ordinance the following terms shall have the meanings indicated:

1.

Antenna: Shall mean any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television, or personal wireless services. For the purposes of this ordinance the term "antenna" does not include any tower and antenna under 70 feet in total height which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission or any device designed for over-the-air reception of radio or television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite service, or any cable television head-end or hub towers and antennas used solely for cable television services.

2.

FAA: Shall mean the Federal Aviation Administration.

3.

FCC: Shall mean the Federal Communications Commission.

4.

Guy tower: Shall mean a tower supported, in whole or in part, by guy wire(s) and ground anchors.

5.

Height: Shall mean the vertical distance of any structure measured from the bottom of the base of the structure at ground level to the highest point of such structure.

6.

Lattice tower: Shall mean a telecommunications tower having open-framed supports on three or four sides and constructed without guy wires and ground anchors.

7.

Monopole towers: Shall mean a telecommunications tower consisting of a single pole, constructed without guy wires or ground anchors.

8.

Preexisting towers and antennas: Shall mean any conforming tower or antenna for which a building permit has been properly issued prior to the effective date of this ordinance. The owner of a nonconforming, preexisting tower or antenna shall submit the annual certification to the building inspector required under section 10-A.5.2 of this ordinance.

9.

Telecommunications facilities: Shall refer to antennas and towers, either individually or together.

10.

Tower: Shall mean a structure, such as a lattice tower, guy tower, or monopole tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment (alternative tower structure), on which is located one or more antennas intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication. The term includes microwave towers, common carrier towers, and cellular telephone towers.

11.

Tower site: Shall mean an area in the City of Calhoun where the construction, erection and maintenance of a tower is permitted.

The following shall be exempt from this ordinance:

1.

Any tower and antenna under 70 feet in total height which is owned and operated by an amateur radio operator licensed by the FCC.

2.

Any device designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite service.

3.

Any telecommunications facility located on property owned, leased or otherwise controlled by the City of Calhoun, Georgia, or Gordon County, Georgia, provided a license or lease authorizing the telecommunications facility has been approved by the respective governing body.

4.

Any cable television head-end or hub towers and antennas used solely for cable television services.

Any person or entity desiring to obtain a building permit to construct and erect a tower within any zoning district in the City of Calhoun shall file a written application entitled "Application to Amend the Zoning Map of Calhoun, Georgia for Zoning Consideration" available at the Calhoun city hall and pay a fee as set and established from time to time by the mayor and council. The application shall state it is made to request a change of the then existing zoning where the applicant desires to place the tower to a zoning district to be designated as tower site as defined herein. The application will be reviewed and considered as a zoning decision and the procedures set forth in section 14.4 of this zoning ordinance of the City of Calhoun, Georgia, shall be applied and followed. In addition to those requirements contained elsewhere in this section X-A and the zoning ordinance of the City of Calhoun, Georgia, the zoning advisory board and the mayor and council shall consider the following factors in determining whether to approve or deny the rezoning request:

1.

Height of proposed tower or antenna;

2.

Proximity of the tower to residential structures, schools, day care centers, nursery schools, recreation areas, playgrounds, parks, hospitals and churches;

3.

Nature of uses of adjacent and nearby properties;

4.

Surrounding topography, tree coverage and foliage;

5.

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

6.

Proximity to other antennas or towers;

7.

Availability of suitable existing antennas or towers or other structures.

In approving the rezoning request the mayor and council may impose additional zoning conditions to the extent determined necessary to buffer or otherwise minimize adverse effects of the proposed tower or antenna on surrounding properties. Should the rezoning request be denied, the decision shall be in writing supported by substantial evidence as contained in a written record of the proceedings.

The location and construction of towers governed by this ordinance shall comply with the following requirements:

1.

Construction/inspections.

a.

Towers shall be constructed and maintained in compliance with applicable building codes, industry standards, and standards for towers published by the Electronic Industries Association, as amended from time to time. Tower owners shall be responsible for periodic written inspections of such towers at least every 12 months to ensure structural integrity. Such inspections shall be conducted by a structural engineer with a current license issued by the State of Georgia. The results of such inspection shall be submitted to the building inspector and shall be maintained by the tower owner(s) and available for public review upon request.

b.

If, upon inspection, the building inspector concludes that a tower fails to comply with such codes and standards and poses a danger to persons or property, then upon written notice thereof to the owner, the owner shall have 30 days to bring such tower into compliance. Should the owner fail to bring the tower into compliance within 30 days, the city may remove such tower at the owner's expense pursuant to O.C.G.A. §§ 41-2-8—41-2-12.

2.

Regulatory compliance. Tower owners shall annually certify in writing to the building inspector in January of each year that each tower is in compliance with standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owner(s) of the towers and antennas governed by this ordinance shall bring such tower or antennas into compliance with such revised standards and regulations unless a different compliance schedule is mandated by the controlling agency.

3.

Security. All towers, except alternative tower structures, shall be enclosed by decay-resistant security fencing not less than six feet in height and shall be equipped with an anti-climbing device.

4.

Advertising. Except for the owner's identifying nameplate, advertising on towers shall be prohibited. Sign control, as set forth in article X of the City of Calhoun Zoning Ordinance, shall apply to any issues regarding signage.

5.

Tower lighting. Illumination is prohibited on towers, except where required by the FCC or FAA, as necessary for air traffic safety. When illumination is required, documentation shall be provided with the application identifying the type of illumination required and any available alternatives. The mayor and council may review alternative permissible illumination and may approve the design causing the least disturbance to the surrounding uses and views.

6.

Access. Access for maintenance vehicles shall be the right-of-way, which would most minimize interference with public traffic. Proposed sites which lack frontage on a public or private road shall provide an easement at least 20 feet wide with at least 12 feet graveled or paved travelway.

7.

Hazardous/volatile substances. Use of a lot by a tower shall be prohibited when another principal use, on the same lot, includes the storage, distribution, or sale of volatile, flammable, explosive or hazardous materials such a propane, gasoline, natural gas, dangerous chemicals, or hazardous waste when such materials are not part of an emergency power source for the tower facilities.

8.

Maintenance/operation structures. Maintenance/operation structures adjacent to any tower facility area shall be used only to house equipment and other supplies directly in support of the tower. Such structures shall not be used for offices, vehicle storage or for any continuous human occupation. Any equipment not used in direct support of a tower site shall not be stored on the site.

9.

Historic sites. Tower facilities shall not be attached to or mounted to historically significant buildings, structures, or places identified by placement upon the National Register of Historic Places, by designation as a state historical site, by designation by the Gordon County Historical Society as a historic site, or as part of a locally designated historic district.

10.

Setbacks and separations. All towers shall comply with the following standards, except that existing alternative tower structures are exempt from the minimum setback and separation requirements of this section; provided however, that such alternative tower structure must be a conforming use within the zoning district in which it is located for this setback exemption to apply as a matter of right.

a.

All towers and antennas shall set back at least a distance equal to the height of the tower plus 15 feet, from any dwelling, zoning district line, or public property.

b.

All towers and maintenance/operation structures (including guy wires) shall comply with the setbacks as required by the zoning district in which the tower is to be located.

c.

The height limitations applicable to buildings in the zoning districts in which the tower or alternative tower structure is located shall not apply to such facilities or structures as a result of the tower or antenna.

11.

Buffers and screening.

a.

Tower sites shall be landscaped with a buffer of plant materials such that the view of the base of the tower is screened from any public rights-of-way, public property, and any R-1, R-1A, R-1B, R-2, R-2A, R-3, O-I and A-1 zoned property.

b.

In locations where the visual impact of the tower would be minimal, this landscaping requirement may be reduced or waived altogether by the building inspector upon specific findings by the building inspector.

c.

Existing mature growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited upon large, wooded lots, natural growth around the perimeter of the property may be sufficient if so determined by the building inspector upon specific findings by the building inspector.

d.

In buffer construction, native vegetation shall be preserved to the fullest extent possible.

12.

Visual impact.

a.

Towers shall maintain a galvanized matte steel finish or be painted a natural, earth-toned color, unless otherwise required by the FAA.

b.

The design of buildings and structures at the base of the tower facility to site shall use materials, colors, textures, screening, and landscaping which create the greatest level of compatibility with the natural environment and existing land use patterns.

c.

Antennas installed on an alternative tower structure and supporting electrical and mechanical equipment shall be of a natural color that is similar to or complements the color of the alternative tower structure.

d.

Tower antennas shall be designed to be visually compatible with the exterior of the alternative tower structure to which they are to be attached.

New tower sites may not be permitted if there is an existing technically and commercially reasonable space available for shared use/collocation on preexisting towers and antennas or existing conforming towers and antennas.

1.

The application for a permit to develop a tower shall demonstrate that no existing tower or alternative tower structure can accommodate the proposed antenna. Evidence submitted to demonstrate that no existing tower or alternative tower structure can accommodate the proposed antenna shall consist of any or all of the following:

a.

Certificate [Certification] that no existing tower or alternative tower structures are located within the geographic area necessary to meet the applicant's engineering requirements.

b.

Certification that existing tower or alternative tower structures have insufficient height and cannot be modified to accommodate the applicant's engineering requirements.

c.

Certification that existing tower or alternative tower structures do not have sufficient integrity or strength and cannot be modified to support the proposed antenna and related equipment.

d.

Certification that the proposed antenna would cause interference with the antenna on the existing tower or alternative tower structure, or the antenna on the existing tower or alternative tower structure would cause interference with the applicant's proposed antenna.

e.

Certification that the fees, costs or contractual provisions required by the owner in order to share an existing tower or alternative tower structure or to adapt an existing tower or alternative tower structure for sharing unreasonably exceed market costs.

f.

Certification that property owners of existing towers are unwilling to reasonably accommodate the applicant's needs.

g.

The applicant demonstrates that there are other objective limitations, which render existing towers unsuitable.

2.

Permit applicants for towers shall certify and demonstrate their intent to allow the shared use of such facilities with other tower apparatus which does not interfere with the primary purpose of the tower or such applicant shall document that the reserved space on the tower is to fulfill the owner's future needs. All applicants shall identify how the applicant will make available such shared use/collocation.

In addition to the application submitted pursuant to section 10-A.4 of this ordinance, the application to amend the zoning map of Calhoun, Georgia for zoning consideration shall have attached thereto the following:

1.

Inventory of existing towers. An inventory of the applicant's existing towers which are either within the City of Calhoun, and Gordon County, Georgia, including all municipal corporations located therein and including areas within one-half mile of the border thereof, including the specific locations, heights, and designs of each such tower.

2.

A description of the proposed tower's area of service.

3.

Photo simulations or rendering of the proposed tower illustrating the potential visual impact. For towers exempt from further review, this section shall be satisfied by photos or drawings of similar towers.

4.

A site plan or plans to scale specifying the proposed location and dimensions of tower(s), size of maintenance/operation buildings or uses, access, parking, fences, landscape plans, existing and adjacent land uses.

5.

A site plan for alternative tower structures shall show adjacent rights-of-way, buildings, and structures, including the structure's height and dimensions, proposed antenna location on the structure or building and adjacent land uses.

6.

A report from a professional engineer, currently licensed in Georgia, documenting the following:

a.

Tower heights and design, including technical engineering, economic and other pertinent factors governing the proposed tower design.

b.

Total anticipated capacity of the structure, including number and types of antennas which can be accommodated.

c.

Evidence of structural integrity of the tower structure.

d.

Failure characteristics of the tower and demonstration that the site, setbacks, and separation from other uses are of adequate size or distance to protect the safety of the general public and all of nearby landowners.

7.

A written statement from the owner of the tower certifying that the proposed tower site complies with regulations administered by the FAA and FCC, or stating that the tower is exempted from these regulations.

8.

Evidence of compliance with collocation requirements set forth in section 10.A.6.

9.

Any additional information which may be reasonably requested by the building inspector, the zoning advisory board or the mayor and council, in order to evaluate fully and to review the proposed tower site and the potential impact of a proposed tower and/or antenna.

1.

Telecommunications facilities, including, without limitation, power source, ventilation and cooling, shall not be operated so as to cause the generation of heat that adversely affects a building occupant and shall not be maintained or operated in such a manner as to be a nuisance.

2.

Any telecommunications facility that is not operated for a continuous period of 12 months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it. The owner of a telecommunications facility and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications facility. If such antenna and/or tower is not removed within 60 days of receipt of notice from the city notifying the owner(s) of such abandonment, the city may remove such tower and/or antenna and place a lien upon the property for the costs of removal.

The city may pursue all legal remedies available to it to insure that abandoned telecommunications facilities are removed. Delay by the city in taking action shall not in any way waive the city's right to take action. The city may seek to have the telecommunications facility removed, regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

3.

If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this ordinance as if such tower or antenna were a new tower or antenna.

1.

All telecommunications facilities operative on the effective date of this ordinance shall be allowed to continue their present usage as a nonconforming use and shall be treated as a nonconforming use in accordance with section 6.1 of article VI, zoning ordinance of the City of Calhoun, Georgia. Routine maintenance, including replacement with a new tower or antenna of like construction and height, shall be permitted on such existing telecommunications facilities. New construction other than routine maintenance shall comply with the requirements of this ordinance.

2.

Placement of an antenna on a nonconforming structure shall not be considered an expansion of the nonconforming structure.

1.

Any person who attempts to erect or erects a telecommunications facility covered by this ordinance without having first obtained the necessary building permit, special use permit or variance in the manner provided in this ordinance shall be deemed in violation of this ordinance. Any responsible party or other persons convicted by a court of competent jurisdiction of violating any provision of this ordinance shall be guilty of violating a duly adopted ordinance of the city and shall be punished either by a fine not to exceed $1,000.00 or by imprisonment not to exceed six months or both. The court shall have the power and authority to place any person guilty of violation of this ordinance on probation and to suspend or modify any fine or sentence. As a condition of such suspension, the court may require payment of restitution or impose other punishment allowed bylaw.

2.

If any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this ordinance or without obtaining that [the] required permits, or if any building, structure or land is used in violation of this article, the city attorney, in addition to any other remedies, may institute proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violations.

Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues may be deemed a separate offense.

Whenever the city finds that the application of this ordinance would unreasonably discriminate among providers of functionally equivalent personal wireless services or prohibit or have the effect of prohibiting the provision of personal wireless services, a conditional use permit waiving any or all of the provisions of this ordinance may be granted.