Specifically, this wireless communication facility telecommunications overlay districts chapter is designed to achieve the following:

   (A)   Provide a range of locations for wireless communication facilities in various zoning districts;

   (B)   Encourage the location of wireless communication facilities onto existing structures to reduce the number of new communication towers needed within the city;

   (C)   Encourage collocation and site sharing of new and existing wireless communication facilities;

   (D)   Control the type of tower facility constructed, when towers are permitted;

   (E)   Establish adequate development and design criteria to enhance the ability of providers of telecommunications services to provide service to the community quickly, effectively and efficiently;

   (F)   Protect residential, historical preservation areas and scenic corridors from the uncontrolled development of wireless communications facilities by requiring reasonable siting conditions;

   (G)   Promote the use of suitable sites (public and private) for the location of wireless antennas, towers and/or wireless communication facilities;

   (H)   Ensure the harmonious, orderly and efficient growth and development of the city;

   (I)   Stabilize the economy of the city through the continued use of the city's suitable public resources;

   (J)   Provide overlay districts in which the zoning regulations permit the development of wireless communication facilities which are consistent with the requirements of the telecommunications act of 1996 and in the best interest of the future of the city;

   (K)   Provide clear performance standards addressing the siting of wireless communication facilities; and

   (L)   Streamline and expedite the permitting procedures to effect compliance with the federal telecommunications act of 1996. (Ord. 03-05, 6-17-2003)

Nothing in this chapter shall reduce any of the permitted uses of any zoned property within the city. Nothing in this chapter shall affect the right of a property owner to use or develop their property consistent with existing zoning regulations. Nothing in this chapter shall affect the right of a property owner to continue any legal nonconforming use. (Ord. 03-05, 6-17-2003)

   (A)   Construction Of Other Ordinances: To the extent this chapter conflicts with this title, the sign ordinance or any other ordinance of the city, this chapter shall control.

   (B)   Rules For Words And Phrases: For the purposes of this chapter, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory; the word "may" is permissive; the word "used" includes "designed" and "intended" or "arranged to be used or occupied"; and the word "person" includes a firm, association, organization, partnership, trust, foundation, company or corporation, as well as an individual.

   (C)   Definitions:

      1.   For the purpose of this chapter, certain words, phrases and terms used herein shall be interpreted as stated in this section. The zoning administrator shall define any word, phrase or term not defined herein.

      2.   For the purpose of this chapter, all definitions defined herein are in addition to all definitions in the city zoning ordinance.

ANTENNA ARRAY: One or more rods, panels, disks or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antenna (rod), directional antenna (panel) and parabolic antenna (disk). The antenna array does not include the support structure.

ATTACHED WIRELESS COMMUNICATION FACILITY: An antenna array that is attached to a existing building or structure (attachment structure), which structures shall include, but not be limited to, utility poles, signs, water towers, rooftops, towers with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.

COLLOCATION/SITE SHARING: Use of a common wireless communication facility or common site by more than one wireless communication license holder or by one wireless license holder for more than one type of communications technology, and/or placement of a wireless communication facility on a structure owned or operated by a utility or other public entity.

EQUIPMENT FACILITY: Any structure used to contain ancillary equipment for a wireless communication facility, which includes cabinets, shelters, a building out of an existing structure, pedestals, and other similar structures.

FAA: Federal aviation administration.

FCC: Federal communications commission.

FTA: Federal telecommunication act of 1996.

HEIGHT: When referring to a wireless communication facility, height shall mean the distance measured from ground level to the highest point on the wireless communication facility, excluding the antenna array.

SETBACK: The required distance from the property line of the parcel on which the wireless communication facility is located, to the base of the support structure and equipment shelter or cabinet where applicable, or in the case of guywire supports, the guy anchors.

SUPPORT STRUCTURE: A structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guywire support tower and other similar structures. Any device (attachment device) which is used to attach an attached wireless communication facility to an existing building or structure (attachment structure) shall be excluded from the definition of and regulations applicable to support structures.

TEMPORARY WIRELESS COMMUNICATION FACILITY: A wireless communication facility to be placed in use for ninety (90) or fewer days.

TOWER USE PERMIT (TUP): A permit used by the city of Atlanta specifically for the location, construction and use of a wireless communication facility subject to an approved site plan and any special conditions determined by the zoning administrator to be appropriate under the provision of this chapter.

WIRELESS COMMUNICATION FACILITY: Any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables and equipment facility, and a support structure to achieve the necessary elevation.

WIRELESS COMMUNICATIONS: Any personal wireless services as defined in the telecommunications act of 1996, which includes FCC licensed commercial wireless telecommunications services, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist. (Ord. 03-05, 6-17-2003)

   (A)   Districts Outlined: The city shall be divided into two (2) wireless communication facility overlay districts. Said districts shall include all lands situated within the city.

      1.   Wireless communication facility overlay district 1 shall include only those areas described in appendix A of the ordinance codified herein, and any areas subsequently added thereto less any areas subsequently deleted therefrom. Attached wireless communication facilities with support structure shall be permitted as provided herein in wireless communication facility overlay district 1.

      2.   Wireless communication facility overlay district 2 shall consist of all lands not included in wireless communication facility telecommunications overlay district 1 which are located within the city. Attached wireless communications facilities shall be permitted as set out herein in wireless communication facility overlay district 2. Wireless communication facilities with support structure shall not be permitted under this chapter in wireless communication facility overlay district 2.

   (B)   Permit Required: No person, firm or corporation shall install or construct any wireless communication facility unless and until a tower use permit (TUP) has been issued pursuant to the requirements of this chapter.

   (C)   Preexisting Wireless Communications Facility: Wireless communications facilities for which a permit has been issued prior to the effective date hereof shall be considered nonconforming and shall not be required to meet the requirements of this chapter.

   (D)   Amateur Radio Exclusion: This chapter shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively to receive-only antennas. Such installations shall comply with any other applicable provisions of this title.

   (E)   Relationship To Other Ordinances: This chapter shall supersede all conflicting requirements of other ordinances regarding the locating and permitting of wireless communication facilities.

   (F)   Airport Zoning: Any wireless communication facility located or proposed to be located in airport areas governed by the federal aviation administration shall also comply with the provisions of all applicable local, state and federal airport regulations.

   (G)   Building Codes: Construction of all wireless communication facilities shall comply with the requirements of the city building codes and permitting process in addition to the requirements of this chapter. (Ord. 03-05, 6-17-2003)

Allowable uses, subject to the limitations within each overlay district, will include the underlying zoning district plus wireless communication facilities in compliance with the following development criteria:

   (A)   Height Standards: The following height standards shall apply to all wireless communication facility installations:

      1.   Attached Wireless Communication Facilities: Attached wireless communications facilities shall not add more than twenty feet (20') to the height of the existing building or structure to which it is attached (attachment structure). However, antenna attachments to existing communication towers shall not increase the height of tower above the maximum permitted height of that tower.

      2.   Wireless Communication Facilities With Support Structures: Wireless communication facilities with support structures shall have a maximum height as set out in appendix A of the ordinance codified herein in wireless communication facility overlay district 1.

   (B)   Setback Standards: The following setback standards shall apply to all wireless communication facility installations:

      1.   Attached Wireless Communication Facilities: Attached wireless communication facilities shall meet the setback provisions of the zoning district in which they are located. However, an attached wireless communication facility antenna array may extend up to thirty inches (30") horizontally beyond the edge of the attachment structure so long as the antenna array does not encroach upon an adjoining parcel.

      2.   Wireless Communication Facilities With Support Structures: Wireless communications facilities with support structures shall meet the setback requirements for principal structures of the underlying zoning district in which they are located.

   (C)   Landscaping: The following landscaping requirements shall apply to all wireless communications facility installations:

      1.   New Construction: New wireless communications facilities with support structures and attached wireless communication facilities with new building construction shall be landscaped in accordance with the applicable provisions of the landscape ordinance that may now or hereafter be adopted.

      2.   Land Form Preservation: Existing mature tree growth and natural land form on the site shall be preserved to the extent feasible; provided, however, that vegetation that causes interference with the antennas or inhibits access to the equipment facility may be trimmed or removed.

      3.   Existing Vegetation: Existing vegetation on a wireless communication facility site may be used in lieu of required landscaping where approved by the zoning administrator.

   (D)   Aesthetics, Placement, Materials And Colors: Wireless communications facilities shall be designed so as to be compatible with the existing structures and surroundings to the extent feasible, including placement in a location which is consistent with proper functioning of the wireless communication facility, the use of compatible or neutral colors, or camouflage technology.

   (E)   Lighting And Signage: The following lighting and signage requirements shall apply to all wireless communication facility installations:

      1.   Artificial Illumination: Wireless communications facilities shall not be artificially illuminated, directly or indirectly, except for:

         (a)   Security and safety lighting of equipment buildings if such lighting is appropriately down shielded to keep light within the boundaries of the site;

         (b)   Such illumination of the wireless communications facility as may be required by the FAA or other applicable authority installed in a manner to minimize impacts on adjacent residences;

         (c)   Unless otherwise required by the FAA or other applicable authority, the required light shall be red and shielded upward.

      2.   Signage: Wireless communications facilities shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature, except for a small message containing provider identification and emergency telephone numbers, and such other information as may be required by local, state or federal regulations governing wireless communications facilities.

   (F)   Fencing: Wireless communication facilities with support structures shall be enclosed by an opaque fence (excluding slatted chainlink) not less than six feet (6') in height. Security features may be incorporated into the buffer and landscaping requirements for the site. Nothing herein shall prevent fencing that is necessary to meet requirements of state and federal agencies.

   (G)   Radio Frequency Emission/Sound: The following radio frequency emissions standards shall apply to all wireless communications facility installations:

      1.   Radio Frequency Impact: The FTA gives the FCC jurisdiction of the regulation of radio frequency (RF) emissions, and wireless communications facilities that do not exceed the FCC standards shall not be conditioned or denied on the basis of RF impact.

      2.   FCC Compliance: In order to provide information to its citizens, copies of ongoing FCC information concerning wireless communication facilities and RF emission standards may be requested. Applicants for wireless communications facilities shall be required to provide information with the application on the measurement of the effective radiated power of the facility and how this meets the FCC standards.

      3.   Sound Prohibited: No unusual sound emissions such as alarms, bells, buzzers or the like are permitted.

   (H)   Structural Integrity: Wireless communications facilities with support structures shall be constructed to the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) 222 revision F standard entitled "Structural Standards For Steel Antennas, Towers And Antenna Support Structures" (or equivalent), as it may be updated and amended. Each support structure shall be capable of supporting multiple antenna arrays.

   (I)   Collocation Agreement: All applicants for wireless communications facilities are required to submit a statement with the application agreeing to allow and reasonably market collocation opportunities to other wireless communications facility users. The statement shall include the applicant's policy regarding collocation of other providers and the methodology to be used by the applicant in determining reasonable rates to be charged other providers. The collocation agreement shall be considered a condition of issuance of a TUP (tower use permit). A TUP shall not be issued unless the applicant complies with the collocation policy outlined in section 10-11-8 of this chapter. (Ord. 03-05, 6-17-2003)

   (A)   Development Criteria: The applicable development criteria referred to herein are those set forth in section 10-11-5 of this chapter.

   (B)   Permitting Procedures:

      1.   Attached wireless communications facilities with or without new building construction that meet the development criteria may be permitted by the administrative review in all zoning districts except as hereinafter specified. All monopole type (or other tower types, if any, specified in appendix A of the ordinance codified herein) wireless communications facilities with support structures that meet the development criteria and that are located on properties in wireless communication facility overlay district 1 (listed in appendix A of the ordinance codified herein) may be permitted by administrative review, except as hereinafter specified. All others, regardless of type or location, shall be subject to the planning commission hearing process and may not be approved by the administrative review process.

      2.   Any wireless communications facility (attached or with a support structure), regardless of type, to be located within an established historic area, historic district or other designated overlay district, will be subject to review by the appropriate district commission and the planning commission. Review by the district commission shall be in accordance with that district ordinance administrative procedures for a certificate of appropriateness. All wireless communications facility applications that do not conform to the development criteria or are otherwise not eligible for administrative review shall be subject to the planning commission review process.

   (C)   Wireless Communications Facilities As Part Of Coordinated Development Approval: Wireless communications facilities as part of proposed residential or nonresidential subdivision, planned unit development, site plan, conditional rezoning, or other coordinated development approval, shall be reviewed and approved through those processes.

   (D)   Wireless Communications Facilities For Temporary Term: Temporary wireless communication facilities may be permitted by administrative approval for a term not to exceed ninety (90) days. Once granted, a temporary wireless communication facility permit may be extended for an additional ninety (90) days upon evidence of need by the applicant. In case of emergency (e.g., storm damage to an existing tower or other circumstances resulting in the interruption of existing service), the administrative review shall be expedited to the extent feasible. (Ord. 03-05, 6-17-2003)

   (A)   Application Submission: All requests for a tower use permit, regardless of wireless communication facility type, shall submit an application in accordance with the requirements of this section.

      1.   Application Contents: Each applicant requesting a TUP under this chapter shall submit a complete set of drawings prepared and sealed by a licensed architect and engineer that will include a site plan, elevation view and other supporting drawings, calculations and other documentation showing the location and dimensions of the wireless communication facility and all improvements associated therewith, including information concerning specifications, antenna locations, equipment facility and shelters, landscaping, parking, access, fencing and, if relevant as determined by staff, topography, adjacent uses and existing vegetation. Applicants proposing to collocate on an existing wireless communication facility shall include a radio frequency intermodulation study with their application.

      2.   Submission Requirements: Application for a TUP shall be submitted to the zoning administrator on forms prescribed by the city. The application shall be accompanied by a site plan containing the information described above and a copy of the appropriate FCC license. If planning commission or district commission review is required, the application and site plan shall be placed on the next available commission agenda in accordance with the agenda deadlines established by the commission.

      3.   Application Fees: A plan review fee of five hundred dollars ($500.00) and a radio frequency intermodulation study review fee of five hundred dollars ($500.00) (collocation applicants only) shall accompany each application. These fees may be used by the city to engage an engineer or other qualified consultant to review the technical aspects of the application and radio frequency intermodulation study (if required).

      4.   Technical Assistance: In the course of its consideration of an application, the city, the zoning administrator, the planning commission or the city council may deem it necessary, in complex situations, to employ an engineer or other consultant qualified in the design and installation of wireless communications facilities to assist the city in the technical aspects of the application. In such cases, any additional reasonable costs incurred by the city not to exceed one thousand five hundred dollars ($1,500.00) for the technical review and recommendation shall be reimbursed by the applicant prior to the final hearing on the TUP.

   (B)   Administrative Review: The following administrative review process shall apply to all wireless communication facility applications:

      1.   Review Authority: Review of wireless communication facilities under this section shall be conducted by the city consultant and the zoning administrator or his designee upon filing a wireless communication facility application.

      2.   Review Criteria: Each application shall be reviewed for compliance with the development criteria specified in section 10-11-5 of this chapter.

      3.   Timing Of Decision: The zoning administrator shall render a decision on the wireless communication facility application by written response to the applicant within ten (10) business days after receipt of the complete application, except that an extension may be agreed upon by the applicant. Any application that is not reviewed within ten (10) business days shall be submitted to the planning commission for review.

      4.   Deferral: The zoning administrator may defer administrative approval of wireless communication facilities for any reason. Deferral of administrative approval shall require submission to the planning commission for review.

      5.   Application Denial; Appeal: If administrative approval is not obtained or is denied due to noncompliance with the development criteria, the applicant may appeal the denial by applying for planning commission review.

      6.   Application Approval: If the TUP application is in compliance with the development criteria and otherwise meets the requirements of this section, the zoning administrator shall issue a tower use permit.

   (C)   Planning Commission Review: The following shall apply to all tower use permit applications requiring submission to the planning commission:

      1.   Review Authority: The planning commission shall be the review authority to TUP applications not eligible for administrative review or otherwise referred to the commission.

      2.   Notice: Notice of the application and the public hearing by the planning commission shall be accomplished in the same manner as a special use permit under this title.

      3.   Hearing: The planning commission shall review and consider the TUP application at a public hearing. At the hearing, interested persons may appear and offer information in support or opposition to the proposed application. The planning commission shall consider the following in reaching a decision:

         (a)   Development Criteria: The tower use permit application shall be reviewed for compliance with the development criteria set forth in section 10-11-5 of this chapter; provided, that the applicable development criteria may be amended or waived so long as the approval of the wireless communication facility meets the goal and purposes of this chapter. The planning commission may recommend alternative development criteria by specific inclusion in a motion for approval.

         (b)   Tower Siting Conditions: The planning commission may impose conditions and restrictions on the application or on the premises benefited by the TUP, as it deems necessary to reduce or minimize any adverse effects and to enhance the compatibility of the wireless communication facility with the surrounding property, in accordance with the purpose and intent of this chapter. The violation of any condition shall be grounds for revocation of the TUP. The planning commission may recommend such conditions in addition to the development criteria upon the following findings:

            (1)   The wireless communication facility would result in significant adverse visual impact on nearby residences.

            (2)   The conditions are based upon the purpose and goals of this chapter.

            (3)   The conditions are reasonable and capable of being accomplished.

         (c)   Action: Following the public hearing and presentation of evidence, the planning commission shall take one of the following actions:

            (1)   Recommend the application as submitted;

            (2)   Recommend the application with conditions or modification;

            (3)   Defer the application for additional information or neighborhood input; or

            (4)   Deny the application in writing.

      4.   Findings: All decisions rendered by the planning commission concerning a tower use permit shall be supported by written findings of fact and conclusions of law based upon substantial evidence of record.

      5.   Timing Of Decision: The planning commission shall render its decision within sixty (60) days or less of the final submission of all required application documents and technical review. However, this time may be increased due to deferrals by either the applicant or the planning commission.

      6.   Appeals: The decision of the planning commission may be appealed to the city council under the following circumstances:

         (a)   An appeal shall be filed no later than thirty (30) days after the final action by the zoning administrator or the planning commission. Only the applicant and those who registered an objection to the TUP in the record of the planning commission shall have standing to appeal.

         (b)   Only such evidence or testimony in support of or opposition to the issuance of the TUP which was provided to the planning commission may be presented to the city council unless the city council, by majority vote, decides to hear new information.

         (c)   Notice of appeal shall be accomplished by the appellant in the same manner as a special use permit under this title. (Ord. 03-05, 6-17-2003)

   (A)   Collocation: All new wireless communication facilities shall be engineered, designed and constructed to be capable of sharing the facility with other providers, to collocate with other existing wireless communication facilities and to accommodate the future collocation of other wireless communication facilities. A TUP shall not be issued until the applicant proposing a new wireless communications facility shall demonstrate that it has made a reasonable good faith attempt to locate its wireless communication facility onto an existing structure. Competitive conflict and financial burden are not deemed to be adequate reasons against collocation.

   (B)   Engineering And Construction: All wireless communication facilities with support structure up to a height of one hundred fifty feet (150') shall be engineered and constructed to accommodate at least three (3) antenna array. All wireless communication facilities with support structures up to a height of more than one hundred fifty feet (150') shall be engineered and constructed to accommodate at least four (4) antenna array. (Ord. 03-05, 6-17-2003)

Any wireless communications facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the city, at its election, may require the wireless communications facility owner to remove the wireless communications facility within ninety (90) days after notice from the city to remove the wireless communications facility. If the abandoned wireless communications facility is not removed within ninety (90) days, the city may remove it and recover its costs from the wireless communications facility owner. If there are two (2) or more users of a single wireless communications facility, this provision shall not become effective until all providers cease to use the wireless communications facility. If the owner of an abandoned wireless communications facility cannot be located or is no longer in business, the requirements of this section shall be the responsibility of the landowner on whose property the wireless communications facility is located. (Ord. 03-05, 6-17-2003)

Wireless communication facilities in existence on the effective date hereof, which do not comply with the requirements of this chapter (nonconforming wireless communication facility) are subject to the following provisions:

   (A)   Expansion: Nonconforming wireless communication facilities may continue in use for the purpose now used, but may not be expanded without complying with this chapter, except as further provided in this section.

   (B)   Additions: Nonconforming wireless communications facilities may add additional antennas (belonging to the same provider or other providers) subject to administrative review under this chapter.

   (C)   Repairs And Reconstruction: Nonconforming wireless communications facilities, which become damaged due to any reason or cause, may be repaired and restored to its former use, location and physical dimensions subject to the provisions of this chapter; provided, however, that if damage to the wireless communication facility exceeds fifty percent (50%) of replacement cost, said wireless communication facility may only be reconstructed or repaired in compliance with this chapter.

   (D)   Abandoned Facility: Any wireless communications facility not in use for six (6) months shall be deemed abandoned and all rights as a nonconforming use shall cease. (Ord. 03-05, 6-17-2003)

Any tower use permit issued pursuant to this chapter may be revoked after a hearing as provided hereinafter. If the zoning administrator finds that any permit holder has violated any provision of this chapter, or has failed to make good faith reasonable efforts to provide or seek collocation, the zoning administrator shall notify the permit holder, in writing, that the TUP is revocable due to the permit holder's noncompliance with the conditions of the permit, and the zoning administrator shall convene a meeting with permit holder no later than thirty (30) days from the date of this letter. The zoning administrator may recommend to the city council that the tower use permit be revoked. After the appropriate public hearing, the mayor and the city council may revoke the tower use permit (TUP) upon such terms and conditions, if any, that the mayor and city council may determine. Prior to initiation of revocation proceedings, the zoning administrator shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which such deficiencies must be corrected. The time for correction of deficiencies shall not exceed sixty (60) days. The permit holder shall provide the zoning administrator with evidence that the required corrective action has been taken. Should the permit holder fail to correct any deficiencies in the time required, the mayor and the city council shall convene a public hearing to consider revocation of the tower use permit. The hearing shall be conducted pursuant to notice by publication in a newspaper with general circulation in the city, not less than ten (10) days prior to the hearing, and by written notice to the permit holder. At any such hearing, the permit holder may be represented by an attorney and may cross examine opposing witnesses. Other interested persons may comment. The mayor and city council may impose reasonable restrictions with respect to time and procedure. The proceedings shall be recorded; provided, however, that stenographic services, if desired, shall be provided by the requesting party at that party's expense. (Ord. 03-05, 6-17-2003)

The fine or penalty for violating any provision of this chapter shall, upon conviction in the municipal court, not exceed one thousand dollars ($1,000.00) for any one specified offense or violation. Further, that if a thing prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof in violation of this chapter shall not exceed one thousand dollars ($1,000.00) for each day that it may be unlawfully continued. (Ord. 03-05, 6-17-2003)

The mayor and city council shall review this chapter on an annual basis and shall alter or amend the same as required in the manner provided by law. (Ord. 03-05, 6-17-2003)