- STANDARDS FOR TOWERS AND WIRELESS TELECOMMUNICATIONS FACILITIES14
Editor's note— Ord. of 6-4-02(2) repealed article 26, sections 2601—2611, in its entirety and replaced it with a new article 26, sections 2601—2612. Former article 26 pertained to similar material and derived from Ord. No. 1997-9, adopted May 6, 1997; Ord. No. 1997-32, adopted Oct. 7, 1997.
The purposes of this article shall be:
(a)
To provide for the appropriate location and development of towers and wireless telecommunications facilities in such locations as will promote the public safety and general welfare;
(b)
To minimize, through proper siting, screening, and design, the adverse visual effects of towers and wireless telecommunications facilities from surrounding property, residential areas, scenic roadways, and the public view.
(c)
To promote and maximize the shared-use/co-location of new and existing towers and the use of alternative tower structures;
(d)
To accommodate the increased demand for the development of towers and wireless telecommunications facilities; and
(Ord. of 6-4-02(2))
The definitions set forth in article 2 of this appendix shall apply to this article. In addition, for the purposes of this article, the following terms shall have the meanings given in this section:
(a)
Alternative tower structures shall include, but are not limited to, man-made structures such as clock towers, bell towers, church steeples, water towers, light poles, warehouses, factories, commercial buildings, multi-family buildings, and publicly-used structures such as police and fire stations, libraries, community centers, civic centers, courthouses, utility structures, water towers, elevated roadways, bridges, flag poles, schools, hospitals, and other structures that can be used for the mounting of antennas or serving the function of a tower.
(b)
Antenna shall mean any exterior apparatus designed for the sending and/or receiving of electromagnetic waves.
(c)
Co-location/shared use shall mean the placement of the antennas of two or more service providers upon a single tower.
(d)
FAA shall mean the Federal Aviation Administration.
(e)
FCC shall mean the Federal Communications Commission.
(f)
Guyed tower shall mean a tower that is supported, in whole or in part, by guy wires and ground anchors.
(g)
Height: shall mean the vertical distance of any tower as measured from the bottom of the base of the tower at ground level to the highest point of such tower, including any antennas or other attachments.
(h)
Lattice tower shall mean a tower that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors.
(i)
Monopole tower shall mean a telecommunications tower constructed of a single pole, without guy wires or ground anchors.
(j)
Tower shall mean a vertical structure other than an alternative tower structure on which is or can be located one or more antennas, including but not necessarily limited to guyed towers, lattice towers, and monopole towers.
(Ord. of 6-4-02(2))
(a)
No new towers shall be permitted unless the applicant adequately demonstrates that neither an existing tower suitable for co-location nor a suitable alternative tower structure is available that will meet the technical requirements of the service provider (or providers) for whose use the tower is intended.
(Ord. of 6-4-02(2))
(a)
Permitted uses. Subject to the requirements of this article, the following types of uses shall be permitted as a principal or accessory use in all zoning districts:
(1)
The attachment of antennas and related equipment or appurtenances to an existing tower or suitable alternative tower structure shall be permitted as an accessory use in all zoning districts.
(2)
Lattice towers, monopole towers, guyed towers, and antennas and related equipment or appurtenances shall be permitted as a principal or accessory use on property owned, leased, or otherwise controlled by the county's governing authority or other public body corporate and politic in all zoning districts, provided a written license or lease authorizing such use has been approved by the county's governing authority or other public body corporate and politic. Towers on such publicly owned or controlled property shall be required to meet all the development standards of section 2605 with the exception of minimum lot size and minimum setback requirements.
(b)
Conditional uses. Subject to the requirements of this article, the following types of uses shall be permitted as conditional uses upon approval of a conditional use permit by the board of commissioners:
(1)
Lattice towers, monopole towers, and guyed towers shall be conditionally permitted as a principal or accessory use in AG-5, HC, GC, LI and HI zoning districts and shall be prohibited in all other zoning districts.
(2)
[Reserved.]
(c)
Conditional use standards and procedures. The standards and procedures for granting or denying a conditional use request in article 4 of this appendix shall be applicable to this article. In addition to the standards listed in subsection (g) of section 413, the planning and zoning commission and the board of commissioners shall also consider the following standards in granting or denying a conditional use request for a tower:
(1)
The feasibility of co-locating the antenna(s) on an existing tower or alternative tower structure.
(2)
The feasibility of utilizing a less visually obtrusive tower structure.
(3)
The height of the proposed tower.
(4)
Whether the tower has the potential to negatively impact the safety, operation, or use of existing public or private airports or airstrips.
(5)
Compliance with the development standards of section 2605.
(6)
Degree of visibility from the public view.
(7)
Proximity of the facility to residential structures and residential district boundaries.
(8)
Character of the uses and structures on adjacent and nearby properties.
(9)
Character of the proposed site, including topography and tree cover.
(10)
Design of the tower, alternative tower structure and/or antenna with reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(11)
Aesthetic impact of the tower on surrounding properties, residential areas, scenic roadways, and the public view.
(Ord. of 6-4-02(2); Amd. Of 3-6-07)
(a)
Minimum lot size. The minimum lot size requirements for zoning districts shall not apply to towers. However, the site or parcel on which the tower is located shall be of sufficient size to meet the minimum setback requirements in this article.
(b)
Minimum setback requirements. All towers shall be set back a minimum of thirty (30) feet from the right-of-way of Interstate 16 and a minimum of a distance equal to the height of the tower from other public rights-of-way, existing nonresidential structures designed or intended for human occupancy. With the exception of exterior property lines in the AG-5 district as provided herein, all towers shall be set back a minimum of a distance equal to the height of the tower from property lines of any adjacent property. For purposes of this provision, the boundaries of a leased parcel shall be considered the property lines of adjacent property. In HC, GC, LI and HI zoning districts, monopole towers shall be set back a minimum distance equal to the height of the tower from any existing residential structure on the property under consideration and two times the height of the tower from any residential zoning district, while guyed towers and lattice towers shall be set back a minimum distance equal to three times the height of the tower or 500 feet, whichever is greater, from any existing residential structure and/or residential zoning district. In AG-5 zoning districts, all towers must be set back a minimum distance equal to the height of the tower from any existing residential structure on the property under consideration and three times the height of the tower or 500 feet, whichever is greater, from exterior property lines. For purposes of this provision, the term "exterior property line" means the boundary of any parcel of property that is contiguous to and owned by a different owner than the parcel of property on which the tower is proposed to be located. Minimum setback distances shall not apply to residential structures locating in proximity to any existing guyed tower or any existing lattice tower; provided, however, that residential structures and nonresidential structures designed or intended for human occupancy shall not be allowed to locate any closer than the height of the tower to any existing tower. The setback and distance requirements in this provision shall not apply to any building related to the operation or maintenance of the tower. In the case of guyed towers the closest ground anchor shall be used for purposes of calculating setbacks from the right-of-way of Interstate 16. In all other cases the closest point of the base of the tower shall be used for purposes of calculating setbacks.
(c)
Structural design. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is designed, constructed, and maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA) and the Telecommunications Industry Association (TIA), as amended from time to time. A tower must have the structural capacity to accommodate at least two other users with comparable loading requirements as the initial user.
(d)
Maximum height. The maximum height of towers in the AG-5 district and in all residential districts shall be 199 feet, unless the applicant sufficiently proves that a higher tower is necessary to provide required coverage. The mere fact that more towers less than 200 feet in height would be required to provide the same coverage as a single tower 200 feet or greater in height shall not be sufficient, in and of itself, to prove the necessity of the higher tower. In all zoning districts in which towers are permitted as a conditional use, the height of towers may be limited to minimize visual obtrusions in granting the conditional use permit. If at any time it is determined by the FAA or any successor agency that a tower or antenna is interfering with the operation of the Statesboro Municipal Airport or with the Statesboro Municipal Airport's ability to upgrade its status (such as to an instrument landing system facility), such tower or antenna shall immediately be modified to eliminate such interference. If the tower or antenna cannot be modified to eliminate the interference, then the tower or antenna shall immediately be removed by the owner. If the owner fails to remove such tower or antenna, then the governing authority may remove the tower or antenna at the owner's expense and the cost of removal shall constitute a lien upon the property on which the tower or antenna was located.
(e)
Illumination. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the zoning administrator, planning and zoning commission, or board of commissioners may review the available lighting alternatives approved by the FAA or any successor agency and require the alternative that would cause the least disturbance to surrounding property. In the absence of any special conditions or requirements imposed by the zoning administrator, planning and zoning commission, or board of commissioners, towers that require lighting shall utilize an FAA-approved dual lighting system with a Fresnel lens and/or a physical reflector mounted beneath the light to minimize the visual impact of the lighting on surrounding property at ground level.
(f)
Color and markings. Unless otherwise required by the FAA or other applicable authority, all towers shall be unmarked and shall have either a galvanized finished or be painted a dull blue, gray, or black finish. Where FAA marking is required, unless expressly prohibited by the FAA, the tower shall be lit with medium intensity strobe lights during the day in lieu of painting. If an antenna is installed on a structure other than a tower, the zoning administrator may require the antenna and related equipment or appurtenances to be of a neutral color that is compatible with the color of the supporting structure so as to make the antenna and related equipment or appurtenances as visually unobtrusive as possible. Camouflaged towers and those designed to look like trees shall be exempt from the requirements of this subsection.
(g)
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height equipped with appropriate anti-climbing devices. Access to the tower shall be through a locked gate. For guyed towers, each ground anchor shall also be enclosed by security fencing not less than six feet in height with the fence line set back at least ten feet from the ground anchor.
(h)
Landscaping. The visual impact of towers shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures as follows:
(1)
A landscaped buffer area a minimum of ten feet in width shall be maintained around the exterior of the security fencing.
(2)
The landscaped buffer area shall consist of materials of the evergreen variety sufficient to provide screening that will minimize the visual impact of the tower.
(3)
All required landscaping shall be properly maintained to ensure good health and vitality.
(4)
The use of existing vegetation shall be preserved to the maximum extent practicable and may be credited as appropriate toward meeting landscaping requirements.
(5)
Camouflaged towers and those designed to look like trees shall be exempt from the requirements of this subsection.
(6)
Applicants may submit for approval alternative landscaping plans that meet the purposes of this subsection to limit the visual impact of towers. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.
(i)
No Advertising. Neither the tower nor the tower site shall be used for advertising purposes and shall not contain any signs for the purpose of advertising. Name plates and FCC tower registration numbers for the purpose of self-identification shall not be considered advertising.
(j)
Federal and state requirements. All towers and antennas must meet or exceed then-current standards and regulations of the FAA, the FCC, and any other agency of the federal or state governments with the authority to regulate towers and antennas. If such standards and regulations are changed, the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations as mandated by the controlling federal or state agency.
(k)
Pre-existing towers/non-conforming uses. All towers operative on the effective date of this ordinance shall be allowed to continue their present usage as a non-conforming use or structure in accordance with section 403 of this appendix. Provided, however, that no later than January 1, 2003, the owners of any such pre-existing towers that are lighted shall install an FAA-approved Fresnel lens and/or a physical reflector mounted beneath the light to minimize the visual impact of the lighting on surrounding property at ground level. Additional antennas and related equipment or appurtenances may be co-located on or around pre-existing towers, provided that a permit for such co-location is obtained in accordance with this article.
(Ord. of 6-4-02(2); Amd. of 1-3-06; Amd. Of 3-6-07)
(a)
Building permits. It shall be unlawful for any person or entity who has not made application for and obtained a building permit in accordance with this article to:
(1)
Erect, construct in place, re-erect, or replace, any tower;
(2)
Locate or co-locate any telecommunications facilities on or around a pre-existing tower for which a permit has not been obtained in accordance with this article;
(3)
Locate any telecommunications facilities on an alternative tower structure; or
(4)
Modify any existing tower (or any alternative tower structure that currently serves the function of a tower) by increasing the height thereof.
Applications for building permits and informational submittals under this article shall be submitted to the zoning administrator or his designee and shall be accompanied by the appropriate fee as set forth in the schedule of fees and charges on file in the office of the clerk of the board of commissioners.
(b)
Submittals. A complete application shall contain the following:
(1)
A site plan or plans to scale specifying the proposed location and dimensions of the tower; if lighting is required, the proposed lighting system and alternative lighting systems that would meet FAA approval; size of accessory buildings or uses; access; parking; fences; landscaping plans; existing and adjacent land uses; proposed distance of the tower from existing structures, buildings, overhead utility lines, public rights-of-way, and adjacent property lines; and utilities inventory indicating the locations of all drainage, power lines and any other items as impacting the proposed tower site. The site plan shall show all public views and all features which screen public views and adjacent property views from the proposed tower.
(2)
Visual simulations of the proposed tower or alternative tower structure illustrating the potential visual impact. The applicant shall submit visual simulations of the proposed tower or alternative tower structure that are to scale and that include all initial and future co-location antennas (including proposed coaxial cable runs for each proposed antenna). The visual simulations can consist of photo simulations or other means which accurately depict the proposed structure as it would be seen from adjacent properties and the public view, including but not necessarily limited to the nearest public roadway and the public roadway from where the structure would be most visible, if that point is not the nearest public roadway. Such visual simulations shall be accomplished by utilizing a balloon test and/or GPS coordinates in order to accurately depict the visual impact of the tower or alternative tower structure from these various locations. The applicant shall seek to obtain the consent of all adjacent property owners for purposes of going onto their property in order to accurately create the visual simulations. If such consent is granted, the applicant shall create visual simulations from the location where the proposed tower would be most visible from each habitable existing structure on the adjacent property, and up to two additional locations if specifically requested by the property owner and, if no such locations are requested, from the location from which the proposed tower or alternative tower structure would be most clearly visible. The applicant shall exercise due diligence and good faith in attempting to obtain the consent of adjacent property owners and must provide a detailed explanation of its efforts to do so if such consent is denied.
(3)
A report from a licensed professional engineer, documenting the following:
(A)
Tower height and design, including structural and technical engineering, and other pertinent factors governing the proposed tower design. A cross-section of the tower structure shall be included.
(B)
Total anticipated structural capacity of the tower, including number and types of antennas which can be accommodated.
(C)
Evidence of structural integrity of the tower.
(D)
Failure characteristics of the tower and demonstration that the site, setbacks and separation from other uses are of adequate size or distance.
(E)
If the application is for an antenna or antennas and related equipment or appurtenances to be located or co-located on a pre-existing tower or located on an alternative tower structure, the engineer's report shall document that the pre-existing tower or alternative tower structure has the structural capacity to support the additional antenna or antennas and related equipment or appurtenances and that the additional antenna or antennas and related equipment or appurtenances will not overstress the pre-existing tower or alternative tower structure.
(4)
Certification from a qualified radio frequency engineer that the tower and/or antenna(s) and related equipment or appurtenances:
(A)
Comply with all current regulations of the FCC, with specific reference to FCC regulations and guidelines governing nonionizing electromagnetic radiation (NIER).
(B)
Are not expected to result in harmful interference to any existing or previously proposed Public Safety Telecommunications service.
(5)
Written documentation from the FAA that the FAA has determined that the tower and/or antenna(s) and related equipment or appurtenances is not identified as an obstruction and would not be a hazard to air navigation.
(6)
Identification of the geographic service area to be served by the subject installation, including accurately scaled color radio frequency (RF) plotted maps showing coverage from all sites providing service within the county from the applicant's existing network and including the proposed site. Where the proposed site does not result in continuous coverage within the county, when coupled with other existing sites providing service, the maps shall also depict the nearest associated telecommunications facility site(s) within the network. RF maps shall also be provided which depict the proposed coverage, comparing coverage of the proposed facility with coverage from all potential co-location sites within a one-mile radius of the proposed site and containing sufficient engineering data to show that said sites would not be feasible to fill significant, required service gaps.
(7)
If the application is for a new tower or towers, the applicant must identify all existing towers, all alternative tower structures, and all towers for which applications are currently pending which are located within the applicant's search area. This shall include, as it relates to the applicant's proposed site, a description of the distance and location of all such towers and alternative tower structures, both within and outside the applicant's network. The applicant must provide specific, detailed evidence with regard to each identified tower or alternative tower structure that it cannot accommodate the applicant's proposed antenna(s) and related equipment or appurtenances and that co-location is therefore not possible. Such evidence may consist of the following:
(A)
No existing towers or alternative tower structures are located within the geographic area required to meet applicant's engineering requirements.
(B)
Existing towers or alternative tower structures are not of sufficient height to meet applicant's engineering requirements.
(C)
Existing towers or alternative tower structures do not have sufficient structural capacity to support applicant's proposed antenna(s) and related equipment or appurtenances.
(D)
The applicant's proposed antenna(s) would cause harmful electrical interference with the antenna(s) on or near the existing towers or alternative tower structures, or the antenna(s) on or near the existing towers or alternative tower structures would cause harmful electrical interference with the applicant's proposed antenna(s).
(E)
The addition of the applicant's proposed antennas would cause the existing tower to exceed FCC guidelines for RF exposure at or beyond the site fence.
(F)
The fees, costs, or contractual provisions required by the owner in order to utilize an existing tower or alternative tower structure or to adapt an existing tower or alternative tower structure for utilization are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(G)
The applicant demonstrates that there are other limiting factors that render existing towers and alternative tower structures infeasible.
(8)
If the application is for a new tower, the applicant must submit a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
(9)
The applicant shall submit a site inventory and future facilities plan to include the following:
(A)
An inventory of all of the applicant's existing and proposed telecommunications facility sites within the county and within one mile of the border thereof, including specific information about the location, height, and design of each tower, and the current users and remaining capacity of each existing tower.
(B)
Where the RF coverage maps required by section 2606(b)(6) depict areas within the county which, with the addition of the proposed telecommunications facility remain unserved, the applicant shall include an affirmative statement that it does not intend to serve such areas or shall set forth the timeframe in which such additional area is intended to be served and the number and approximate location of proposed telecommunications site(s) that will be needed to provide service to the unserved area(s).
(C)
Where an applicant proposes to add a telecommunications site in an area that, in a prior submission to the county had been shown as receiving service, the applicant shall fully explain why the previously depicted coverage was not obtained or proved inadequate. The applicant shall also include an affirmative statement as to what steps have been taken to ensure that the RF maps submitted with the instant proposal are of higher accuracy and shall explain, in detail, what steps have been taken to increase the accuracy of the current coverage map over the previously submitted map.
(c)
Informational submittals. Any person or entity co-locating an antenna or antennas and related equipment or appurtenances or replacing existing antenna(s) on or around a tower for which a permit has already been issued shall submit the following for information only:
(1)
The name of the person or entity co-locating on the tower.
(2)
The name of the owner of the tower.
(3)
The tower's permit number.
(4)
The location of the tower.
(5)
Certification from a licensed professional engineer that the tower has sufficient structural capacity to accommodate the proposed additional loading without becoming over stressed.
(6)
Certification that the antenna(s) and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations and guidelines governing non-ionizing electromagnetic radiation (NIER).
(d)
Independent expert review. In addition to any permit fees for a new tower or increase in height to an existing tower, the applicant shall be required to pay to Bulloch County an independent expert review fee as set forth in the schedule of fees and charges per application at the time the application is filed. If the actual cost to Bulloch County for independent expert review of the application is greater than this initial fee, the applicant shall be billed for the difference and payment shall be made prior to the hearing before the board of commissioners.
(e)
Forms. The zoning administrator is authorized to develop application forms to assist in providing the required information and facilitate the application process.
(Ord. of 6-4-02(2); Amd. of 8-2-11)
(a)
Towers erected by a governmental entity for police, fire, EMS, 911 or other similar public safety telecommunications shall be exempt from the requirements of this article.
(b)
Commercial telecommunications providers shall give priority to and make reasonable efforts to accommodate requests by governmental entities for tower space needed for public safety telecommunications. If such a request is denied, the commercial telecommunications provider shall reasonably demonstrate why it is not feasible to grant the request.
(c)
If at any time it is determined that a tower or antenna owned or operated by a commercial wireless telecommunications provider is interfering with properly operating pre-existing public emergency telecommunications, such tower or antenna shall immediately be modified to eliminate such interference. If the interference cannot be eliminated through modification, then the commercial provider shall discontinue the use of and remove the tower or antenna.
(Ord. of 6-4-02(2))
(a)
The owners of all telecommunication towers operated within Bulloch County shall file an annual report with the office of the zoning administrator. Said report shall be filed on or before the 31st day of December each year and shall include the following:
(1)
Certification that the telecommunications tower is currently in use, and if not in use, the date the telecommunications tower ceased being in use;
(2)
The name, address, phone number, and contact person for the owner of the telecommunications tower;
(3)
The names, addresses, and telephone numbers of all current users of the telecommunications tower; and
(4)
The remaining structural capacity of the telecommunications tower, including specific information about the number of future users comparable to the current users the tower will structurally accommodate.
(b)
All providers of telecommunications services in Bulloch County, including but not limited to tower owners, shall file an annual update to their site inventory and future facilities plan with the zoning administrator on or before the 31st day of December of each year.
(c)
A filing fee for each annual report shall be due at the time of filing. The fee shall be set forth in the schedule of fees and charges. Failure to pay fee by the deadline will result in the fee being doubled.
(Ord. of 6-4-02(2); Amd. of 8-2-11)
(a)
Any tower that is not operated for a continuous period of 12 months and for which there are no applications pending for permitted use of the structure at the end of such 12-month period, shall be considered abandoned, whether or not the owner or operator intends to make use of the tower. The owner of an abandoned tower and the owner of the property where the abandoned tower is located shall be under a duty to remove such tower. If such tower is not removed within a reasonable time, not to exceed three months, after receipt of notice from the governing authority notifying the owner(s) of such abandonment, the governing authority may remove such tower and place a lien upon the property for the costs of removal. The governing authority may pursue all legal remedies available to it to insure that abandoned towers are removed. Delay by the governing authority in taking action shall not in any way waive the governing authority's right to take action.
(b)
If the owner of an abandoned tower wishes to use such abandoned tower, the owner must first apply for and receive all applicable permits and meet all of the conditions of this article as if such tower were a new tower.
(Ord. of 6-4-02(2))
(a)
Warnings and citations. The zoning administrator, building inspector, or their designees may issue a warning citation for a violation of this article. A warning citation shall be sent via certified or registered mail to the person or entity who is responsible for the violation. Upon receipt of the warning citation, the person or entity shall have 60 days to correct or remove such violation, unless the citing official determines that the violation is an imminent hazard to the public, in which case the citing official may shorten the period of time in which the violation must be corrected or removed. If the violation is not corrected or removed within the required time period, then the person or entity shall be issued a citation for violation of this article.
(b)
Fines. Any violation of this article resulting in a citation shall be punishable by the imposition of a fine not to exceed $1,000.00. In no event shall the fine imposed for a violation of this article be less than $500.00.
(c)
Continuing violation. Each day any violation of this article continues may be considered a separate offense punishable by a separate fine.
(Ord. of 6-4-02(2))
(a)
No liability. This article is remedial in nature and shall be construed to secure such beneficial interests and purposes thereof, which are public safety, health, and general welfare. This article shall not be construed as imposing upon the governing authority or any of its employees or agents any liability or responsibility for damages to any person or property in any way caused by or connected with a tower, antenna, or telecommunications facility governed by this article. Nor shall the governing authority or any of its employees or agents be held as assuming any such liability or responsibility by reason of inspections, grants, denials, approvals, or permits conducted or issued pursuant to this article.
(b)
Severability. If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
(c)
Conflicting provisions. In the event of a conflict between the provisions of this article and any other provisions of the County Code of Ordinances, including appendix C, the provisions of this article shall govern and the other conflicting provisions shall be deemed repealed insofar as they would otherwise apply to the subject of this article.
(d)
Effective date. This ordinance shall take effect immediately upon adoption.
(Ord. of 6-4-02(2))
(a)
The provisions of this article shall apply to all commercial providers of telecommunications, radio, broadcast, or other commercial services involving the sending and/or receiving of electromagnetic waves.
(b)
This article shall not apply to persons or entities erecting towers for their own private, non-business use, unless such towers exceed 100 feet in height.
(Ord. of 6-4-02(2))
(a)
Towers used solely with Global Positioning Satellites for precision agriculture shall be exempt from the following provisions of this article:
(1)
Section 2604(a).
(2)
Section 2605(c) — requirement relating to "structural capacity to accommodate at least two other uses."
(3)
Section 2605(g) — security fencing not required but tower should be made inaccessible to protect public health and safety.
(4)
Section 2605(h)(1).
(5)
Section 2605(h)(2)
(6)
Section 2605(h)(3).
(7)
Section 2605(h)(5).
(8)
Section 2605(h)(6).
(9)
Section 2605(k).
(10)
Section 2606(b)(2)
(11)
Section 2606(b)(3)b.
(12)
Section 2606(b)(3)e.
(13)
Section 2606(b)(6).
(14)
Section 2606(b)(7).
(15)
Section 2606(b)(8).
(16)
Section 2606(b)(9).
(17)
Section 2606(c)(6).
(b)
Co-location of cellular services on towers built for global positioning satellite for precision agriculture shall submit an application as a new tower and must meet all requirements of this article.
(Amd. of 10-6-08)
APPENDICES
Appendix A: Subdivision Regulations [See Appendix B of the Code of Ordinances]
Appendix B: Resolution establishing planning and zoning commission [See Appendix B of the Code of Ordinances]
Appendix C: Soil and Sedimentation Control Ordinance [See Chapter 6.5 of the Code of Ordinances]
Appendix D: Sign Ordinance, Perimeter Road Sign Ordinance [See Chapter 11 of the Code of Ordinances]
Appendix E: Flood Damage Prevention Ordinance [See Chapter 7 of the Code of Ordinances]
Appendix F: Bulloch County Clean Community Ordinance [See Chapter 8 of the Code of Ordinances]
- STANDARDS FOR TOWERS AND WIRELESS TELECOMMUNICATIONS FACILITIES14
Editor's note— Ord. of 6-4-02(2) repealed article 26, sections 2601—2611, in its entirety and replaced it with a new article 26, sections 2601—2612. Former article 26 pertained to similar material and derived from Ord. No. 1997-9, adopted May 6, 1997; Ord. No. 1997-32, adopted Oct. 7, 1997.
The purposes of this article shall be:
(a)
To provide for the appropriate location and development of towers and wireless telecommunications facilities in such locations as will promote the public safety and general welfare;
(b)
To minimize, through proper siting, screening, and design, the adverse visual effects of towers and wireless telecommunications facilities from surrounding property, residential areas, scenic roadways, and the public view.
(c)
To promote and maximize the shared-use/co-location of new and existing towers and the use of alternative tower structures;
(d)
To accommodate the increased demand for the development of towers and wireless telecommunications facilities; and
(Ord. of 6-4-02(2))
The definitions set forth in article 2 of this appendix shall apply to this article. In addition, for the purposes of this article, the following terms shall have the meanings given in this section:
(a)
Alternative tower structures shall include, but are not limited to, man-made structures such as clock towers, bell towers, church steeples, water towers, light poles, warehouses, factories, commercial buildings, multi-family buildings, and publicly-used structures such as police and fire stations, libraries, community centers, civic centers, courthouses, utility structures, water towers, elevated roadways, bridges, flag poles, schools, hospitals, and other structures that can be used for the mounting of antennas or serving the function of a tower.
(b)
Antenna shall mean any exterior apparatus designed for the sending and/or receiving of electromagnetic waves.
(c)
Co-location/shared use shall mean the placement of the antennas of two or more service providers upon a single tower.
(d)
FAA shall mean the Federal Aviation Administration.
(e)
FCC shall mean the Federal Communications Commission.
(f)
Guyed tower shall mean a tower that is supported, in whole or in part, by guy wires and ground anchors.
(g)
Height: shall mean the vertical distance of any tower as measured from the bottom of the base of the tower at ground level to the highest point of such tower, including any antennas or other attachments.
(h)
Lattice tower shall mean a tower that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors.
(i)
Monopole tower shall mean a telecommunications tower constructed of a single pole, without guy wires or ground anchors.
(j)
Tower shall mean a vertical structure other than an alternative tower structure on which is or can be located one or more antennas, including but not necessarily limited to guyed towers, lattice towers, and monopole towers.
(Ord. of 6-4-02(2))
(a)
No new towers shall be permitted unless the applicant adequately demonstrates that neither an existing tower suitable for co-location nor a suitable alternative tower structure is available that will meet the technical requirements of the service provider (or providers) for whose use the tower is intended.
(Ord. of 6-4-02(2))
(a)
Permitted uses. Subject to the requirements of this article, the following types of uses shall be permitted as a principal or accessory use in all zoning districts:
(1)
The attachment of antennas and related equipment or appurtenances to an existing tower or suitable alternative tower structure shall be permitted as an accessory use in all zoning districts.
(2)
Lattice towers, monopole towers, guyed towers, and antennas and related equipment or appurtenances shall be permitted as a principal or accessory use on property owned, leased, or otherwise controlled by the county's governing authority or other public body corporate and politic in all zoning districts, provided a written license or lease authorizing such use has been approved by the county's governing authority or other public body corporate and politic. Towers on such publicly owned or controlled property shall be required to meet all the development standards of section 2605 with the exception of minimum lot size and minimum setback requirements.
(b)
Conditional uses. Subject to the requirements of this article, the following types of uses shall be permitted as conditional uses upon approval of a conditional use permit by the board of commissioners:
(1)
Lattice towers, monopole towers, and guyed towers shall be conditionally permitted as a principal or accessory use in AG-5, HC, GC, LI and HI zoning districts and shall be prohibited in all other zoning districts.
(2)
[Reserved.]
(c)
Conditional use standards and procedures. The standards and procedures for granting or denying a conditional use request in article 4 of this appendix shall be applicable to this article. In addition to the standards listed in subsection (g) of section 413, the planning and zoning commission and the board of commissioners shall also consider the following standards in granting or denying a conditional use request for a tower:
(1)
The feasibility of co-locating the antenna(s) on an existing tower or alternative tower structure.
(2)
The feasibility of utilizing a less visually obtrusive tower structure.
(3)
The height of the proposed tower.
(4)
Whether the tower has the potential to negatively impact the safety, operation, or use of existing public or private airports or airstrips.
(5)
Compliance with the development standards of section 2605.
(6)
Degree of visibility from the public view.
(7)
Proximity of the facility to residential structures and residential district boundaries.
(8)
Character of the uses and structures on adjacent and nearby properties.
(9)
Character of the proposed site, including topography and tree cover.
(10)
Design of the tower, alternative tower structure and/or antenna with reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(11)
Aesthetic impact of the tower on surrounding properties, residential areas, scenic roadways, and the public view.
(Ord. of 6-4-02(2); Amd. Of 3-6-07)
(a)
Minimum lot size. The minimum lot size requirements for zoning districts shall not apply to towers. However, the site or parcel on which the tower is located shall be of sufficient size to meet the minimum setback requirements in this article.
(b)
Minimum setback requirements. All towers shall be set back a minimum of thirty (30) feet from the right-of-way of Interstate 16 and a minimum of a distance equal to the height of the tower from other public rights-of-way, existing nonresidential structures designed or intended for human occupancy. With the exception of exterior property lines in the AG-5 district as provided herein, all towers shall be set back a minimum of a distance equal to the height of the tower from property lines of any adjacent property. For purposes of this provision, the boundaries of a leased parcel shall be considered the property lines of adjacent property. In HC, GC, LI and HI zoning districts, monopole towers shall be set back a minimum distance equal to the height of the tower from any existing residential structure on the property under consideration and two times the height of the tower from any residential zoning district, while guyed towers and lattice towers shall be set back a minimum distance equal to three times the height of the tower or 500 feet, whichever is greater, from any existing residential structure and/or residential zoning district. In AG-5 zoning districts, all towers must be set back a minimum distance equal to the height of the tower from any existing residential structure on the property under consideration and three times the height of the tower or 500 feet, whichever is greater, from exterior property lines. For purposes of this provision, the term "exterior property line" means the boundary of any parcel of property that is contiguous to and owned by a different owner than the parcel of property on which the tower is proposed to be located. Minimum setback distances shall not apply to residential structures locating in proximity to any existing guyed tower or any existing lattice tower; provided, however, that residential structures and nonresidential structures designed or intended for human occupancy shall not be allowed to locate any closer than the height of the tower to any existing tower. The setback and distance requirements in this provision shall not apply to any building related to the operation or maintenance of the tower. In the case of guyed towers the closest ground anchor shall be used for purposes of calculating setbacks from the right-of-way of Interstate 16. In all other cases the closest point of the base of the tower shall be used for purposes of calculating setbacks.
(c)
Structural design. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is designed, constructed, and maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA) and the Telecommunications Industry Association (TIA), as amended from time to time. A tower must have the structural capacity to accommodate at least two other users with comparable loading requirements as the initial user.
(d)
Maximum height. The maximum height of towers in the AG-5 district and in all residential districts shall be 199 feet, unless the applicant sufficiently proves that a higher tower is necessary to provide required coverage. The mere fact that more towers less than 200 feet in height would be required to provide the same coverage as a single tower 200 feet or greater in height shall not be sufficient, in and of itself, to prove the necessity of the higher tower. In all zoning districts in which towers are permitted as a conditional use, the height of towers may be limited to minimize visual obtrusions in granting the conditional use permit. If at any time it is determined by the FAA or any successor agency that a tower or antenna is interfering with the operation of the Statesboro Municipal Airport or with the Statesboro Municipal Airport's ability to upgrade its status (such as to an instrument landing system facility), such tower or antenna shall immediately be modified to eliminate such interference. If the tower or antenna cannot be modified to eliminate the interference, then the tower or antenna shall immediately be removed by the owner. If the owner fails to remove such tower or antenna, then the governing authority may remove the tower or antenna at the owner's expense and the cost of removal shall constitute a lien upon the property on which the tower or antenna was located.
(e)
Illumination. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the zoning administrator, planning and zoning commission, or board of commissioners may review the available lighting alternatives approved by the FAA or any successor agency and require the alternative that would cause the least disturbance to surrounding property. In the absence of any special conditions or requirements imposed by the zoning administrator, planning and zoning commission, or board of commissioners, towers that require lighting shall utilize an FAA-approved dual lighting system with a Fresnel lens and/or a physical reflector mounted beneath the light to minimize the visual impact of the lighting on surrounding property at ground level.
(f)
Color and markings. Unless otherwise required by the FAA or other applicable authority, all towers shall be unmarked and shall have either a galvanized finished or be painted a dull blue, gray, or black finish. Where FAA marking is required, unless expressly prohibited by the FAA, the tower shall be lit with medium intensity strobe lights during the day in lieu of painting. If an antenna is installed on a structure other than a tower, the zoning administrator may require the antenna and related equipment or appurtenances to be of a neutral color that is compatible with the color of the supporting structure so as to make the antenna and related equipment or appurtenances as visually unobtrusive as possible. Camouflaged towers and those designed to look like trees shall be exempt from the requirements of this subsection.
(g)
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height equipped with appropriate anti-climbing devices. Access to the tower shall be through a locked gate. For guyed towers, each ground anchor shall also be enclosed by security fencing not less than six feet in height with the fence line set back at least ten feet from the ground anchor.
(h)
Landscaping. The visual impact of towers shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures as follows:
(1)
A landscaped buffer area a minimum of ten feet in width shall be maintained around the exterior of the security fencing.
(2)
The landscaped buffer area shall consist of materials of the evergreen variety sufficient to provide screening that will minimize the visual impact of the tower.
(3)
All required landscaping shall be properly maintained to ensure good health and vitality.
(4)
The use of existing vegetation shall be preserved to the maximum extent practicable and may be credited as appropriate toward meeting landscaping requirements.
(5)
Camouflaged towers and those designed to look like trees shall be exempt from the requirements of this subsection.
(6)
Applicants may submit for approval alternative landscaping plans that meet the purposes of this subsection to limit the visual impact of towers. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.
(i)
No Advertising. Neither the tower nor the tower site shall be used for advertising purposes and shall not contain any signs for the purpose of advertising. Name plates and FCC tower registration numbers for the purpose of self-identification shall not be considered advertising.
(j)
Federal and state requirements. All towers and antennas must meet or exceed then-current standards and regulations of the FAA, the FCC, and any other agency of the federal or state governments with the authority to regulate towers and antennas. If such standards and regulations are changed, the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations as mandated by the controlling federal or state agency.
(k)
Pre-existing towers/non-conforming uses. All towers operative on the effective date of this ordinance shall be allowed to continue their present usage as a non-conforming use or structure in accordance with section 403 of this appendix. Provided, however, that no later than January 1, 2003, the owners of any such pre-existing towers that are lighted shall install an FAA-approved Fresnel lens and/or a physical reflector mounted beneath the light to minimize the visual impact of the lighting on surrounding property at ground level. Additional antennas and related equipment or appurtenances may be co-located on or around pre-existing towers, provided that a permit for such co-location is obtained in accordance with this article.
(Ord. of 6-4-02(2); Amd. of 1-3-06; Amd. Of 3-6-07)
(a)
Building permits. It shall be unlawful for any person or entity who has not made application for and obtained a building permit in accordance with this article to:
(1)
Erect, construct in place, re-erect, or replace, any tower;
(2)
Locate or co-locate any telecommunications facilities on or around a pre-existing tower for which a permit has not been obtained in accordance with this article;
(3)
Locate any telecommunications facilities on an alternative tower structure; or
(4)
Modify any existing tower (or any alternative tower structure that currently serves the function of a tower) by increasing the height thereof.
Applications for building permits and informational submittals under this article shall be submitted to the zoning administrator or his designee and shall be accompanied by the appropriate fee as set forth in the schedule of fees and charges on file in the office of the clerk of the board of commissioners.
(b)
Submittals. A complete application shall contain the following:
(1)
A site plan or plans to scale specifying the proposed location and dimensions of the tower; if lighting is required, the proposed lighting system and alternative lighting systems that would meet FAA approval; size of accessory buildings or uses; access; parking; fences; landscaping plans; existing and adjacent land uses; proposed distance of the tower from existing structures, buildings, overhead utility lines, public rights-of-way, and adjacent property lines; and utilities inventory indicating the locations of all drainage, power lines and any other items as impacting the proposed tower site. The site plan shall show all public views and all features which screen public views and adjacent property views from the proposed tower.
(2)
Visual simulations of the proposed tower or alternative tower structure illustrating the potential visual impact. The applicant shall submit visual simulations of the proposed tower or alternative tower structure that are to scale and that include all initial and future co-location antennas (including proposed coaxial cable runs for each proposed antenna). The visual simulations can consist of photo simulations or other means which accurately depict the proposed structure as it would be seen from adjacent properties and the public view, including but not necessarily limited to the nearest public roadway and the public roadway from where the structure would be most visible, if that point is not the nearest public roadway. Such visual simulations shall be accomplished by utilizing a balloon test and/or GPS coordinates in order to accurately depict the visual impact of the tower or alternative tower structure from these various locations. The applicant shall seek to obtain the consent of all adjacent property owners for purposes of going onto their property in order to accurately create the visual simulations. If such consent is granted, the applicant shall create visual simulations from the location where the proposed tower would be most visible from each habitable existing structure on the adjacent property, and up to two additional locations if specifically requested by the property owner and, if no such locations are requested, from the location from which the proposed tower or alternative tower structure would be most clearly visible. The applicant shall exercise due diligence and good faith in attempting to obtain the consent of adjacent property owners and must provide a detailed explanation of its efforts to do so if such consent is denied.
(3)
A report from a licensed professional engineer, documenting the following:
(A)
Tower height and design, including structural and technical engineering, and other pertinent factors governing the proposed tower design. A cross-section of the tower structure shall be included.
(B)
Total anticipated structural capacity of the tower, including number and types of antennas which can be accommodated.
(C)
Evidence of structural integrity of the tower.
(D)
Failure characteristics of the tower and demonstration that the site, setbacks and separation from other uses are of adequate size or distance.
(E)
If the application is for an antenna or antennas and related equipment or appurtenances to be located or co-located on a pre-existing tower or located on an alternative tower structure, the engineer's report shall document that the pre-existing tower or alternative tower structure has the structural capacity to support the additional antenna or antennas and related equipment or appurtenances and that the additional antenna or antennas and related equipment or appurtenances will not overstress the pre-existing tower or alternative tower structure.
(4)
Certification from a qualified radio frequency engineer that the tower and/or antenna(s) and related equipment or appurtenances:
(A)
Comply with all current regulations of the FCC, with specific reference to FCC regulations and guidelines governing nonionizing electromagnetic radiation (NIER).
(B)
Are not expected to result in harmful interference to any existing or previously proposed Public Safety Telecommunications service.
(5)
Written documentation from the FAA that the FAA has determined that the tower and/or antenna(s) and related equipment or appurtenances is not identified as an obstruction and would not be a hazard to air navigation.
(6)
Identification of the geographic service area to be served by the subject installation, including accurately scaled color radio frequency (RF) plotted maps showing coverage from all sites providing service within the county from the applicant's existing network and including the proposed site. Where the proposed site does not result in continuous coverage within the county, when coupled with other existing sites providing service, the maps shall also depict the nearest associated telecommunications facility site(s) within the network. RF maps shall also be provided which depict the proposed coverage, comparing coverage of the proposed facility with coverage from all potential co-location sites within a one-mile radius of the proposed site and containing sufficient engineering data to show that said sites would not be feasible to fill significant, required service gaps.
(7)
If the application is for a new tower or towers, the applicant must identify all existing towers, all alternative tower structures, and all towers for which applications are currently pending which are located within the applicant's search area. This shall include, as it relates to the applicant's proposed site, a description of the distance and location of all such towers and alternative tower structures, both within and outside the applicant's network. The applicant must provide specific, detailed evidence with regard to each identified tower or alternative tower structure that it cannot accommodate the applicant's proposed antenna(s) and related equipment or appurtenances and that co-location is therefore not possible. Such evidence may consist of the following:
(A)
No existing towers or alternative tower structures are located within the geographic area required to meet applicant's engineering requirements.
(B)
Existing towers or alternative tower structures are not of sufficient height to meet applicant's engineering requirements.
(C)
Existing towers or alternative tower structures do not have sufficient structural capacity to support applicant's proposed antenna(s) and related equipment or appurtenances.
(D)
The applicant's proposed antenna(s) would cause harmful electrical interference with the antenna(s) on or near the existing towers or alternative tower structures, or the antenna(s) on or near the existing towers or alternative tower structures would cause harmful electrical interference with the applicant's proposed antenna(s).
(E)
The addition of the applicant's proposed antennas would cause the existing tower to exceed FCC guidelines for RF exposure at or beyond the site fence.
(F)
The fees, costs, or contractual provisions required by the owner in order to utilize an existing tower or alternative tower structure or to adapt an existing tower or alternative tower structure for utilization are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(G)
The applicant demonstrates that there are other limiting factors that render existing towers and alternative tower structures infeasible.
(8)
If the application is for a new tower, the applicant must submit a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
(9)
The applicant shall submit a site inventory and future facilities plan to include the following:
(A)
An inventory of all of the applicant's existing and proposed telecommunications facility sites within the county and within one mile of the border thereof, including specific information about the location, height, and design of each tower, and the current users and remaining capacity of each existing tower.
(B)
Where the RF coverage maps required by section 2606(b)(6) depict areas within the county which, with the addition of the proposed telecommunications facility remain unserved, the applicant shall include an affirmative statement that it does not intend to serve such areas or shall set forth the timeframe in which such additional area is intended to be served and the number and approximate location of proposed telecommunications site(s) that will be needed to provide service to the unserved area(s).
(C)
Where an applicant proposes to add a telecommunications site in an area that, in a prior submission to the county had been shown as receiving service, the applicant shall fully explain why the previously depicted coverage was not obtained or proved inadequate. The applicant shall also include an affirmative statement as to what steps have been taken to ensure that the RF maps submitted with the instant proposal are of higher accuracy and shall explain, in detail, what steps have been taken to increase the accuracy of the current coverage map over the previously submitted map.
(c)
Informational submittals. Any person or entity co-locating an antenna or antennas and related equipment or appurtenances or replacing existing antenna(s) on or around a tower for which a permit has already been issued shall submit the following for information only:
(1)
The name of the person or entity co-locating on the tower.
(2)
The name of the owner of the tower.
(3)
The tower's permit number.
(4)
The location of the tower.
(5)
Certification from a licensed professional engineer that the tower has sufficient structural capacity to accommodate the proposed additional loading without becoming over stressed.
(6)
Certification that the antenna(s) and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations and guidelines governing non-ionizing electromagnetic radiation (NIER).
(d)
Independent expert review. In addition to any permit fees for a new tower or increase in height to an existing tower, the applicant shall be required to pay to Bulloch County an independent expert review fee as set forth in the schedule of fees and charges per application at the time the application is filed. If the actual cost to Bulloch County for independent expert review of the application is greater than this initial fee, the applicant shall be billed for the difference and payment shall be made prior to the hearing before the board of commissioners.
(e)
Forms. The zoning administrator is authorized to develop application forms to assist in providing the required information and facilitate the application process.
(Ord. of 6-4-02(2); Amd. of 8-2-11)
(a)
Towers erected by a governmental entity for police, fire, EMS, 911 or other similar public safety telecommunications shall be exempt from the requirements of this article.
(b)
Commercial telecommunications providers shall give priority to and make reasonable efforts to accommodate requests by governmental entities for tower space needed for public safety telecommunications. If such a request is denied, the commercial telecommunications provider shall reasonably demonstrate why it is not feasible to grant the request.
(c)
If at any time it is determined that a tower or antenna owned or operated by a commercial wireless telecommunications provider is interfering with properly operating pre-existing public emergency telecommunications, such tower or antenna shall immediately be modified to eliminate such interference. If the interference cannot be eliminated through modification, then the commercial provider shall discontinue the use of and remove the tower or antenna.
(Ord. of 6-4-02(2))
(a)
The owners of all telecommunication towers operated within Bulloch County shall file an annual report with the office of the zoning administrator. Said report shall be filed on or before the 31st day of December each year and shall include the following:
(1)
Certification that the telecommunications tower is currently in use, and if not in use, the date the telecommunications tower ceased being in use;
(2)
The name, address, phone number, and contact person for the owner of the telecommunications tower;
(3)
The names, addresses, and telephone numbers of all current users of the telecommunications tower; and
(4)
The remaining structural capacity of the telecommunications tower, including specific information about the number of future users comparable to the current users the tower will structurally accommodate.
(b)
All providers of telecommunications services in Bulloch County, including but not limited to tower owners, shall file an annual update to their site inventory and future facilities plan with the zoning administrator on or before the 31st day of December of each year.
(c)
A filing fee for each annual report shall be due at the time of filing. The fee shall be set forth in the schedule of fees and charges. Failure to pay fee by the deadline will result in the fee being doubled.
(Ord. of 6-4-02(2); Amd. of 8-2-11)
(a)
Any tower that is not operated for a continuous period of 12 months and for which there are no applications pending for permitted use of the structure at the end of such 12-month period, shall be considered abandoned, whether or not the owner or operator intends to make use of the tower. The owner of an abandoned tower and the owner of the property where the abandoned tower is located shall be under a duty to remove such tower. If such tower is not removed within a reasonable time, not to exceed three months, after receipt of notice from the governing authority notifying the owner(s) of such abandonment, the governing authority may remove such tower and place a lien upon the property for the costs of removal. The governing authority may pursue all legal remedies available to it to insure that abandoned towers are removed. Delay by the governing authority in taking action shall not in any way waive the governing authority's right to take action.
(b)
If the owner of an abandoned tower wishes to use such abandoned tower, the owner must first apply for and receive all applicable permits and meet all of the conditions of this article as if such tower were a new tower.
(Ord. of 6-4-02(2))
(a)
Warnings and citations. The zoning administrator, building inspector, or their designees may issue a warning citation for a violation of this article. A warning citation shall be sent via certified or registered mail to the person or entity who is responsible for the violation. Upon receipt of the warning citation, the person or entity shall have 60 days to correct or remove such violation, unless the citing official determines that the violation is an imminent hazard to the public, in which case the citing official may shorten the period of time in which the violation must be corrected or removed. If the violation is not corrected or removed within the required time period, then the person or entity shall be issued a citation for violation of this article.
(b)
Fines. Any violation of this article resulting in a citation shall be punishable by the imposition of a fine not to exceed $1,000.00. In no event shall the fine imposed for a violation of this article be less than $500.00.
(c)
Continuing violation. Each day any violation of this article continues may be considered a separate offense punishable by a separate fine.
(Ord. of 6-4-02(2))
(a)
No liability. This article is remedial in nature and shall be construed to secure such beneficial interests and purposes thereof, which are public safety, health, and general welfare. This article shall not be construed as imposing upon the governing authority or any of its employees or agents any liability or responsibility for damages to any person or property in any way caused by or connected with a tower, antenna, or telecommunications facility governed by this article. Nor shall the governing authority or any of its employees or agents be held as assuming any such liability or responsibility by reason of inspections, grants, denials, approvals, or permits conducted or issued pursuant to this article.
(b)
Severability. If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
(c)
Conflicting provisions. In the event of a conflict between the provisions of this article and any other provisions of the County Code of Ordinances, including appendix C, the provisions of this article shall govern and the other conflicting provisions shall be deemed repealed insofar as they would otherwise apply to the subject of this article.
(d)
Effective date. This ordinance shall take effect immediately upon adoption.
(Ord. of 6-4-02(2))
(a)
The provisions of this article shall apply to all commercial providers of telecommunications, radio, broadcast, or other commercial services involving the sending and/or receiving of electromagnetic waves.
(b)
This article shall not apply to persons or entities erecting towers for their own private, non-business use, unless such towers exceed 100 feet in height.
(Ord. of 6-4-02(2))
(a)
Towers used solely with Global Positioning Satellites for precision agriculture shall be exempt from the following provisions of this article:
(1)
Section 2604(a).
(2)
Section 2605(c) — requirement relating to "structural capacity to accommodate at least two other uses."
(3)
Section 2605(g) — security fencing not required but tower should be made inaccessible to protect public health and safety.
(4)
Section 2605(h)(1).
(5)
Section 2605(h)(2)
(6)
Section 2605(h)(3).
(7)
Section 2605(h)(5).
(8)
Section 2605(h)(6).
(9)
Section 2605(k).
(10)
Section 2606(b)(2)
(11)
Section 2606(b)(3)b.
(12)
Section 2606(b)(3)e.
(13)
Section 2606(b)(6).
(14)
Section 2606(b)(7).
(15)
Section 2606(b)(8).
(16)
Section 2606(b)(9).
(17)
Section 2606(c)(6).
(b)
Co-location of cellular services on towers built for global positioning satellite for precision agriculture shall submit an application as a new tower and must meet all requirements of this article.
(Amd. of 10-6-08)
APPENDICES
Appendix A: Subdivision Regulations [See Appendix B of the Code of Ordinances]
Appendix B: Resolution establishing planning and zoning commission [See Appendix B of the Code of Ordinances]
Appendix C: Soil and Sedimentation Control Ordinance [See Chapter 6.5 of the Code of Ordinances]
Appendix D: Sign Ordinance, Perimeter Road Sign Ordinance [See Chapter 11 of the Code of Ordinances]
Appendix E: Flood Damage Prevention Ordinance [See Chapter 7 of the Code of Ordinances]
Appendix F: Bulloch County Clean Community Ordinance [See Chapter 8 of the Code of Ordinances]