The purpose of this Article is to provide zoning classification requirements for the siting of all wireless, cellular, television and radio telecommunications towers and antennas; to encourage the location of towers in non-residential areas; to minimize the total number of towers within the community necessary to provide adequate personal wireless services to residents of Bartow County; to encourage the joint use of new and existing tower sites among service providers; to locate telecommunications towers and antennas in areas where adverse impacts on the community are minimized; to encourage the design and construction of towers and antennas to minimize adverse visual impacts; and to enhance the ability of the providers of telecommunications services to deliver such services to the community effectively and efficiently.

(Ord. of 7-21-2021(4))

For the purpose of this Article, certain terms used herein shall be defined as follows. The general definitions and interpretative rules of the zoning ordinance shall also be used. To the extent those general rules or definitions conflict with these specific definitions, these definitions shall control.

Alternative tower structure: Clock towers, bell towers, church steeples, light/power poles, electric transmission towers, on premises signs, outdoor advertising signs, water storage tanks, and similar natural or man-made alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna: Any exterior apparatus designed for wireless telecommunication, radio, or television communications through the sending and/or receiving of electromagnetic waves.

Co-location: The placement of the antennas of two or more service providers upon a single tower or alternative tower structure.

Department: The Bartow County Planning, Zoning and Development Department.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

Geographic antenna placement area: The general vicinity within which the placement of an antenna is necessary to meet the engineering requirements of an applicant's cellular network or other broadcasting need.

Height: When referring to a tower or other structure, "height" means the distance measured from ground level to the highest point on the tower structure or appurtenance.

Preexisting tower and antennas: Structures as set forth in Section 12.3.4 of this Article.

Scenic views: Those geographic areas containing visually significant or unique natural features, as identified in the Bartow County Comprehensive Plan.

Tower: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telecommunication towers, man-made trees (with accessory buildings/structures) and other similar structures.

Visual quality: The appropriate design, arrangement and location of tower structures in relation to the built or natural environment to avoid abrupt or severe differences.

(Ord. of 7-21-2021(4))

12.3.1 General application. Except as otherwise provided herein, the provisions, requirements and limitations of this Article shall govern the location of all wireless telecommunication, cellular telecommunication, television, microwave or radio transmission tower or antenna installed within unincorporated Bartow County. In the event of any conflict between any other provision of the Zoning Ordinance and this Article, this Article shall control.

12.3.2 Governmental exemption. Except as otherwise specifically provided for in this Article, the provisions of this Article shall not apply to Bartow County's properties, facilities or structures. Private facilities and structures placed upon County property shall be governed by a lease agreement between the County and the provider.

12.3.3 Amateur radio; receive-only antennas. This Article shall not govern any tower, or the installation of any antenna, that is 75 feet or less in height and is owned and operated by a federally-licensed amateur radio station operator from the operator's residence, or is used exclusively as a receive-only antenna; provided, however, only one such tower or antenna per residence shall be excluded from this Article.

12.3.4 Pre-existing towers and antennas. Towers and antennas permitted and erected as of September 7, 2001 shall be deemed pre-existing, and shall not be subject to the requirements of this Article. The placement of additional antennas on any nonconforming structure shall not create a vested right for the continued use of the structures should the nonconforming use cease. If an additional antenna is co-located on a preexisting tower after September 7, 2001, the requirement of this Ordinance shall be met.

(Ord. of 7-21-2021(4))

12.4.1 Conditional use required. A conditional use permit shall be required for the placement of any tower or alternative tower structure, except as otherwise permitted herein. Procedures for conditional use permits sought under this Article are contained in Section 12.5.

12.4.2 Principal or accessory use. A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure, and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structures. An existing use or structure on the same lot or parcel shall not preclude the installation of an antenna or tower. For purposes of determining whether the installation of a tower or antenna complies with zoning district requirements, including but not limited to set-back, buffer and other requirements, the dimensions of the entire lot or parcel shall control, even though the antenna or tower may be located on a leased area within such lot or parcel. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this Article shall not be deemed to constitute the expansion of a nonconforming use of structure.

12.4.3 Co-location of antennas required. Applicants for the erection of a tower or antenna, except amateur radio operators, shall be required to co-locate upon an existing tower structure, if possible. An exception to co-location shall only be made if the applicant submits a report from an engineer demonstrating that an existing tower suitable for co-location does not exist in the geographic antenna placement area, and that no suitable alternative tower structure is available, or if the applicant submits an affidavit from an employee that while a suitable tower may exist, no space is available thereon. Co-location is permissible provided the new antenna will add no more than ten (10) feet to the height of the tower and related equipment or appurtenances. Increasing the antenna height more than 10 feet requires a conditional use permit. Co-location requires only a building permit, and the information described in Sec. 12.7.2.

12.4.4 Variances. The County may grant variances from the strict enforcement of this ordinance where it finds that a substantial justification exists, where the goals of this ordinance can be met without strict compliance with the terms of this ordinance, and where such variance will not unduly prejudice any other property.

12.4.5 Time limits. Except where delay is caused by the applicant, the County shall make a final decision on applications for a conditional use permit for a new tower within 150 days of the filing of a complete application; the County shall make a final decision on co-location requests within 90 days of the filing of a complete application.

(Ord. of 7-21-2021(4))

12.5.1 General.

(A)

A Conditional Use Permit shall be required for the construction of a tower in any zoning district. All such uses shall comply with requirements set forth in this Article and all other applicable codes and ordinances, 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.

(B)

In granting a Conditional Use Permit, the County may impose conditions to the extent that it concludes such conditions are necessary to minimize adverse effects from the proposed tower on adjoining or nearby properties as set out in Section 12.5.6.

12.5.2 Application; contents; fee. All applications for Conditional Use Permits shall be submitted to the Bartow County Planning, Zoning and Development Department. Each application shall contain as a part thereof detailed plans and specifications as set forth in Section 12.7. An application for a Conditional Use Permit shall not be accepted for processing without the information required in Section 12.7. An application fee shall be charged by the Department in the amount stated in Section 12.8.

12.5.3 Independent expert review. The County may engage a licensed professional engineer as an independent expert to review any of the materials submitted by an applicant for a Conditional Use Permit and render an opinion regarding any concerns about the proposal, including but not limited to, structural integrity and the feasibility of alternative sites or co-location. Following the review of an independent expert, the County shall convey its concerns to the applicant in writing and shall allow the applicant a reasonable opportunity to address those concerns. If the applicant is unable to satisfactorily address those concerns, the applicant shall be allowed a reasonable amount of time, not to exceed thirty (30) days, following the receipt of the letter, in which to modify the application to alleviate the County's concerns or withdraw the application altogether. The expert's opinion shall be considered determinative, unless the applicant agrees to pay the expenses of submitting both opinions for a peer review, which review shall then be considered final. If the independent third-party expert supports the applicant's expert, then the Department shall pay the expenses of said third-party expert. If the independent third-party expert supports the position of the Department, then the applicant shall pay the expenses of said third-party expert.

12.5.4 Public hearing. Before taking action upon the proposed Conditional Use Permit, the County shall hold a public hearing on the matter. At least 15 days prior to the date of the public hearing, the County shall cause the following notice requirements to be instituted by the Department:

(A)

A sign shall be erected, in a conspicuous location, on or adjacent to the property under consideration. The sign shall state the time, place, location, and purpose of the public hearing.

(B)

A letter shall be sent by first class mail, with proof of mailing obtained from the post office, to all property owners of record of abutting parcels, and to all property owners of residentially-used parcels lying in whole or in part within a distance of two (2) times the height of the proposed tower as measured from its base, giving notice of the public hearing. The letter shall state the same information as required for the sign. Proof of mailing means either a "Certification of Mailing" or a "Certified Mail" receipt; a "Return Receipt" showing delivery is not required. Only owners reflected on the records of the tax assessors as of the date of the application shall be entitled to notice. The letter shall be mailed at least fifteen (15) days before the hearing. Proof of mailing shall be filed with the Zoning Administrator prior to any hearing.

(C)

A public notice shall be published in the newspaper in which the sheriff's advertisements appear once a week for two (2) consecutive weeks prior to the date of the hearing.

(D)

Subsections (B) and (C) above shall be the responsibility of, and at the expense of, the applicant. Failing to comply with the requirements shall render the application out-of-order, and it shall be tabled for one month. If the application is still out-of-order at the next meeting, it shall be considered withdrawn, and the applicant shall have to wait six (6) months to reapply.

12.5.5 Considerations in approval or denial of conditional use permits. Any denial of a request to place, construct or modify a telecommunications facility shall be in writing and supported by substantial evidence contained in a written record. The following factors may be taken into consideration in acting upon a Conditional Use Permit application under the provisions of this Article:

(A)

The height and setbacks of the proposed tower or antenna(s);

(B)

The proximity of the tower or antenna(s) to residential structures and residential district boundaries;

(C)

The nature of uses on adjacent and nearby properties;

(D)

The surrounding topography;

(E)

The surrounding tree coverage and foliage;

(F)

The design of the tower or antenna(s), with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(G)

The proposed ingress and egress;

(H)

The availability of suitable existing towers or other structures for antenna co-location;

(I)

The impact of the proposed tower or antenna(s) upon scenic views and visual quality of the surrounding area;

(J)

The needs of the applicant as balanced against the detrimental effects on surrounding properties; and

(K)

The impact of the proposed tower or antenna(s) on adjacent and nearby properties.

12.5.6 Requirements for Issuance of Conditional Use Permit. The Conditional Use Permit may be issued by the County only upon satisfaction of the following requirements:

(A)

A proper application filed in accordance with the requirements of Section 12.7;

(B)

The application is otherwise in compliance with or otherwise is satisfactory in considering the standards contained in Section 12.5.5;

(C)

The applicant complies with the conditions proposed by the County for the purpose of reducing the harmful effects of the use on surrounding uses and ensuring compatibility with surrounding uses;

(D)

The County determines that the benefits and need for the proposed conditional use are greater than any possible depreciating effects or damages to neighboring or nearby properties; and

(E)

All fees, including expert fees, have been paid in full.

12.5.7 Resubmittal of conditional use application. An application for a Conditional Use Permit which has been denied shall not be resubmitted for a period of twelve (12) months and then only if the applicant can document a substantial change in need for a tower or antenna at the same location.

(Ord. of 7-21-2021(4))

12.6.1 Setbacks and separation. The following setbacks and separation requirements shall apply to all towers.

(A)

Towers shall be setback a distance equal to the height of the tower from its base to any public right-of-way or occupied structure, or property line of the lot or parcel containing the tower, except when a property owner or adjoining property owner consents in writing to waive the setback and the applicant clearly demonstrates that the tower will collapse within the parent parcel.

(B)

Guy-wires and accessory buildings and facilities shall meet the minimum accessory use location and setback requirements.

(C)

In zoning districts other than I-2 and M-1, towers shall not be located closer than five hundred (500) feet from any existing tower. This requirement shall not apply to amateur radio towers.

(D)

Notwithstanding any other provision of this Article, no tower or antenna shall be permitted in a residential neighborhood or within the distance of the height of the tower from any residential dwelling (example would be a 300 ft tall tower that could not be closer than 300 ft from any existing residence) 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.

(E)

The requirement of Section 12.6.1(D) (above) may be waived by the adjacent property owner(s). In such cases, the applicant shall submit a notarized affidavit from the adjacent owner(s), identifying the property owned, and affirming that he or she agrees that the tower can be erected at the proposed location, which shall be specifically described, including its distance from that owner's residential dwelling. The affidavit shall further specifically state that the affiant understands that he or she is waiving his or her rights under Section 12.6.1 of the Bartow County Zoning Ordinance.

12.6.2 Aesthetics. The guidelines set forth in this section shall govern the design and construction of all towers, and the installation of all antennas, governed by this Article and shall be approved by the Administrator.

(A)

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

(B)

At all tower sites, the design of all buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and building environment. Any equipment or cabinet that supports telecommunication facilities must be concealed from public view and made compatible with the architecture of the surrounding structures or placed underground. Equipment shelters or cabinets shall be screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained.

(C)

For antennas installed on a structure other than a tower, the antenna and supporting electrical and mechanical ground equipment shall be of a neutral color so as to make the antenna and related equipment visually unobtrusive.

(D)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the County may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. The lighting shall be dimmed or changed to red lights from the sunset to sunrise.

(E)

No signage or other identifying markings of a commercial nature shall be permitted upon any tower or alternative tower structure within Bartow County.

(F)

To the extent practical, telecommunication facilities shall not be placed in a direct line of sight with historic or scenic view corridors as designated by the governing body or by any state or federal law or agency.

(G)

Access to the tower site shall be restricted so as to minimize visibility of the access. Where possible, existing roads shall be used. Where no roads exist, access shall follow the existing contours of the land.

(H)

Such other additional requirements as the Administrator shall reasonably require to minimize the visual impact of the site on the surrounding area.

12.6.3 Security Fencing/Anti-Climbing Devices. All towers and supporting equipment shall be enclosed by fencing not less than six (6) feet in height and shall also be equipped with appropriate anti-climbing devices. Fencing shall be of chain link, wood or other approved alternative.

12.6.4 Landscaping. The following requirements shall govern landscaping surrounding all towers.

(A)

Where adequate vegetation is not present, tower facilities shall be landscaped with a landscaped strip of plant materials which effectively screens the view of the tower compound. Landscaped strips shall be a minimum of ten (10) feet in width and located outside the fenced perimeter of the compound.

(B)

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. Where natural vegetation around the perimeter of the site would provide an adequate visual screen, an undisturbed buffer may be utilized. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost.

(C)

Landscaping shall be maintained by the provider and shall be subject to periodic review by the Administrator to assure proper maintenance. Failure to maintain landscaping shall be deemed a violation of this Article.

(D)

Amateur radio towers and antennas, or receive-only antennas shall not be subject to the provision of this section unless required by the County through the Conditional use Permit process.

12.6.5 Maintenance impacts. Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a collector or local street, access for maintenance vehicles shall be exclusively by means of the collector or local street, utilizing existing access to the property on which such facility is to be located, where possible.

12.6.6 Review of tower and antenna erection by the airport authority. If, upon receipt of an application for the erection of any tower or alternative tower structure governed by this Article, the Department deems that the proposed structure may interfere with or affect the use of the airways of the County by the public or interfere with or affect the operation of existing or proposed airport facilities, a copy of the application shall be submitted by the Department to the Cartersville-Bartow County Airport Authority for review and recommendation.

12.6.7 Federal requirements; removal of towers. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the permittee or the lessee of the tower and antenna governed by this Article shall bring such tower and/or antenna into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations unless a more or less stringent compliance schedule is mandated by the controlling federal agency. Failure to bring such tower and/or antenna into compliance with such revised standards and regulations shall be deemed to be a declaration of abandonment of the tower and constitute grounds for the removal of the tower or antenna at the owner's, permittee's, or lessee's expense. Any such removal by the County shall be in the manner provided in the Bartow County Unfit Property Ordinance then in effect.

12.6.8 Building codes; safety standards; removal of towers. To ensure the structural integrity of towers, the owner, permittee or subsequent lessee of a tower or alternative tower structure shall ensure that it is maintained in compliance with standards contained in applicable Standard Building Codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Department concludes that a tower fails to comply with all applicable codes and standards, or constitutes a danger to persons or property, then upon receipt of written notice by the owner, permittee or lessee of the tower, said party shall have fifteen (15) days to bring the tower into compliance with such standards. Failure to bring such tower into compliance within fifteen (15) days shall be deemed a declaration of abandonment of the tower and constitute grounds for removal of the tower as provided in the Bartow County Unfit Property Ordinance. Prior to the removal of any tower, the Department may consider detailed plans submitted by the owner, permittee or subsequent lessee for repair of substandard towers, and may grant a reasonable extension of the above-referenced compliance period. Abandoned towers or towers deemed unsafe may also be removed under the Bartow County Unfit Property Ordinance procedures.

12.6.9 Change of ownership notification. Upon the transfer of ownership of an interest in any tower, alternative tower structure, or lot upon which such a structure has been erected, the tower permittee shall notify the Department of the transaction in writing within 30 days.

(Ord. of 7-21-2021(4); Ord. of 8-9-2023, § XXVIII)

12.7.1 General application requirement. Application for a permit for any telecommunication facility shall be made to the Department by the person, company or organization that will own and operate the telecommunications facility. An application will not be considered until it is complete. The Administrator is authorized to develop application forms to assist in providing the required information and facilitate the application process. Except for a co-location information submittal under Section 12.7.2 of this Article, the following information shall be submitted when applying for any permit required by this Article and must be submitted for an application to be considered complete:

(A)

Site plan or plans to scale specifying the location of telecommunications facilities, transmission building and/or other accessory uses, access, parking, fences, landscaped areas, and adjacent land uses. Applicants shall submit both a paper location map and a digitized location map in a format compatible with the GIS software currently utilized by the County Information Services Department.

(B)

Landscaped plan to scale indicating size, spacing and type of plantings required in Section 12.6.4.

(C)

A full description of the environment surrounding the proposed telecommunications facility, including any adjacent residential structures and districts, structures and sites of historic significance, streetscapes or scenic view corridors.

(D)

A description of anticipated maintenance needs for the telecommunications facility, including frequency of service, personnel needs, equipment needs, and traffic or safety impacts of such maintenance.

(E)

Report from a professional qualified engineer licensed in the State of Georgia, or other appropriate qualified industry expert, documenting the following:

i.

Tower or antenna type, height, and design;

ii.

Engineering, economic, and other pertinent factors governing selection of the proposed design;

iii.

Total anticipated capacity of the telecommunications facility, including numbers and types of antennas which can be accommodated;

iv.

Evidence of structural integrity of the tower or alternative tower structure;

v.

Structural failure characteristics of the telecommunications facility and demonstration that site and setbacks are of adequate size to contain debris;

vi.

Certification that the antenna(s) 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;

vii.

Certification that the proposed height of the tower is the minimum height necessary for coverage; and

viii.

A propagation study which documents the proposed location is the only location for the tower that reduces alleged gaps in coverage.

(F)

Identification of the geographic service area for the subject installation, including a map showing the proposed site and the nearest or associated telecommunications facility sites within the network. Describe the distance between the telecommunications facility sites. Describe how this service area fits into and is necessary for the service network (i.e., whether such antenna or tower is needed for coverage or capacity.)

(G)

If the proposed site is zoned C-1, C-N, I-1, R-1 through R-6, RE-1, RE-2, or O/I, applicants must describe why an alternate site zoned A-1, I-2, or M-1 was not proposed by identifying;

i.

what good faith efforts and measures were taken to secure such an alternate site;

ii.

why such an alternate site was not technologically, legally or economically feasible and why such efforts were unsuccessful; and

iii.

how and why the proposed site is essential to meet service demands for the geographic service area.

(H)

The Department will review with special care justifications that appeal only to undue expense and/or to undue difficulties in entering into a lease agreement. The Department shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site.

(I)

The applicant must provide a utilities inventory showing the locations of all water, sewage, drainage and power line easements impacting the proposed tower site.

(J)

The applicant must provide any other information which may be requested by the Department to fully evaluate and review the application and the potential impact of a proposed telecommunications facility.

12.7.2 Tower co-location information submittals. Any person or entity co-locating an antenna or antennas on a tower for which a permit has already been issued shall submit the following information only:

(A)

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

(B)

The name of the owner of the tower.

(C)

The tower's permit number.

(D)

The location of the tower.

(E)

The remaining structural capacity of the tower.

(F)

Certification that the antenna(s) 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.

(Ord. of 7-21-2021(4))

12.8.1 Conditional use permit. The fee for an application seeking a conditional use permit to erect a new tower on an alternative tower structure shall be $3,000.00.

12.8.2 Co-location. There shall be no fee for an application seeking a conditional use permit for co-location on an existing tower or alternative tower structure other than the building permit fee.

12.8.3 Building permit fees. In addition to the application fees set forth herein, the applicable construction and utility inspection permit fees in effect at the time of the application for the permit shall apply.

(Ord. of 7-21-2021(4))