This article is designed and intended to balance the interests of the residents of the city, telecommunications providers, and telecommunications customers in the siting of telecommunications facilities within the city so as to protect the health, safety and integrity of residential neighborhoods and foster, through appropriate zoning and land use controls, a competitive environment for telecommunications carriers that does not unreasonably discriminate among providers of functionally equivalent personal wireless services and shall not prohibit or have the effect of prohibiting the provision of personal wireless services, and so as to promote the city as a proactive city in the availability of personal wireless telecommunications service. To that end, this article shall:

(a)

Provide for the appropriate location and development of telecommunications facilities in the city;

(b)

Protect the city's structures and natural environment by promoting compatible design standards for telecommunications facilities;

(c)

Minimize adverse visual impacts of telecommunications facilities through careful design, siting, landscape screening and innovative camouflaging techniques;

(d)

Avoid potential damage to adjacent properties from tower or antennas failure through engineering and careful siting of telecommunications tower structures and antennas;

(e)

Maximize use of any new and existing telecommunications towers so as to minimize the need to construct new towers and minimize the total number of towers throughout the city;

(f)

Maximize and encourage use of alternative telecommunication tower structures as a primary option rather than construction of additional single-use towers; and

(g)

Encourage and promote the location of new telecommunications facilities in areas which are not zoned for residential use.

(Ord. No. 20-2008, 12-8-08)

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

Accessory structures means any structures or components used in direct support of a telecommunications facility.

Antenna means any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television, or personal wireless services. For the purposes of this article the term "antenna" does not include any tower and antenna under 30 feet in total height which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission, any device designed for over-the-air reception of radio or television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite service, or any cable television headed or hub towers and antennas used solely for cable television services.

Building inspector means the building inspector for the City of Cedartown.

Governing body means the city commission for the City of Cedartown.

Macro telecommunications facilities are those which are located on existing buildings, poles or other existing support structures and which project more than three feet above the top of the structure but no more than ten feet above the roofline, parapet or top of the structure. Macro telecommunication facilities may exceed the height limitation specified for the zoning district.

Micro telecommunications facilities are those which are located on existing buildings, poles or other existing support structures where antennas do not project more than three feet above the top of the structure and there are no more than six antennas per site.

Monopole tower means a telecommunications tower consisting of a single pole, constructed without guy wires or ground anchors.

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

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

(Ord. No. 20-2008, 12-8-08)

The following shall be exempt from this article:

(a)

Any tower and antenna under 30 feet in total height which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission;

(b)

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

(c)

Any telecommunications facilities located on property owned, leased or otherwise controlled by the city provided a license or lease authorizing the telecommunications facility has been approved by the governing body;

(d)

Any cable television headers or hub towers and antennas used solely for cable television services.

(Ord. No. 20-2008, 12-8-08)

(a)

In light industrial (IND-L) and heavy industrial (IND-G) zoning districts, micro and macro telecommunications facilities shall be allowed as a use by right. Telecommunications towers designed and intended to accommodate at least one user are permitted as a use of right up to a height of 80 feet following design review by and receipt of a building permit from the building inspector. Telecommunications towers designed and intended to accommodate at least two users are permitted as a use of right up to a height of 100 feet following design review by and receipt of a building permit from the building inspector. Telecommunications towers designed and intended to accommodate at least three users are permitted as a use of right up to a height of 120 feet following design review by and receipt of a building permit from the building inspector.

(b)

No telecommunications facilities shall be permitted in any residential areas.

(c)

Telecommunications facilities outside the guidelines listed above may only be built after approval of a variance granted by the building inspector.

(Ord. No. 20-2008, 12-8-08)

(a)

[Parameters.] All applicants shall make a reasonable attempt to colocate on existing towers, buildings, or other tall structures. Furthermore, applicants shall be willing to allow other uses to colocate on the proposed tower site in the future, subject to engineering and feasibility factors, frequency considerations, and proper compensation from the additional user. Such compensation shall be determined from average lease rates paid by the applicant for comparable colocation sites in Polk County and contiguous counties, to be provided by the applicant. Such information shall, however, remain confidential and shall not be disclosed by any city official.

(b)

Preferred location sites.

(1)

Co-location sites. Any existing telecommunications towers currently being used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication shall be a preferred location site regardless of the underlying zoning designation of the site, provided, however, that locations which meet this criteria shall be subject to the design and siting components of this article and co-location sites shall not become an "antenna farm" or otherwise be deemed by the building inspector or the governing authority to be visually obtrusive.

(2)

Publicly-used structures. Publicly-used structures are preferred locations throughout the city because they appear in virtually all neighborhoods, are dispersed throughout the city, and due to their institutional or infrastructure uses are generally similar in appearance to or readily adaptable for telecommunications facilities. Therefore, telecommunications facilities should be less noticeable when placed on publicly-used structures than when placed on commercial or residential structures. Publicly-used structures include, but are not limited to, facilities such as police or fire stations, libraries, community centers, civic centers, courthouses, utility structures, water towers, schools, hospitals, clock or bell towers, light poles and churches.

(3)

Industrial and commercial structures. Wholly industrial and commercial structures such as warehouses, factories, retail outlets, supermarkets, banks, garages, or service stations shall be preferred locations particularly where existing visual obstructions or clutter on the roof or along a roof line can and will be removed as part of the installation of the telecommunications facility.

(4)

Mixed use buildings in high density districts. Mixed use buildings (housing above commercial or other nonresidential space) are also preferred location sites.

(c)

Disfavored location sites. Any single-family, multifamily, or neighborhood commercial structure or site shall be disfavored sites for the location of telecommunications facilities.

(Ord. No. 20-2008, 12-8-08)

(a)

General requirements for all telecommunications facilities. The requirements set forth in this section shall govern the location and construction of all telecommunications facilities governed by this article.

(1)

Building codes and safety standards. To ensure the structural integrity of telecommunications facilities, the owner of a telecommunications facility shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such telecommunications facilities, as amended from time to time. Owners of telecommunications facilities shall conduct periodic inspections of such facilities at least once every year to ensure structural integrity. Inspections shall be conducted by a qualified, independent engineer licensed to practice in Georgia. The results of such inspection shall be provided to the building inspector, within 30 days after the inspection. Failure to provide said reports could result in revocation of any permits or licenses previously granted to the owner by the city.

(2)

Regulatory compliance.

a.

All telecommunications facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate telecommunications facilities. If such standards and regulations are changed, then the owners of the telecommunications facilities governed by this article shall bring such telecommunications facilities into compliance with such revised standards and regulations within the date established by the agency promulgating the standards or regulations.

b.

Owners of telecommunications facilities shall provide documentation showing that each telecommunications facility is in compliance with all applicable federal and state requirements. Evidence of compliance must be submitted every 12 months to the building inspector. Failure to provide this information could result in revocation of any permit or license previously granted to the owner by the city.

(3)

Security. All telecommunications facilities shall be equipped with an appropriate anticlimbing device or other similar protective device to prevent unauthorized access to the telecommunications facility.

(4)

Lighting. No illumination is permitted on telecommunications facilities unless required by the FCC, FAA or other state or federal agency of competent jurisdiction or unless necessary for air traffic safety. If lighting is required or necessary, the building inspector may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.

(5)

Advertising. No advertising is permitted on telecommunications facilities.

(6)

Visual impact.

a.

Telecommunications facilities shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color or painted and/or textured to match the existing structure so as to reduce visual obtrusiveness.

b.

If an antenna is installed on a structure other than a tower, the antenna and associated electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Roof-mounted antennas shall be made visually unobtrusive by screening to match existing air conditioning units, stairs, elevator towers or other background.

c.

Where feasible, telecommunications facilities should be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.

d.

Telecommunications facilities shall not be placed in a direct line of sight with historic structures as designated by the commission or by any state or federal law or agency.

e.

Any equipment shelter or cabinet that supports telecommunications facilities must be concealed from public view, 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 by the owner of the telecommunications facility.

(7)

Landscaping.

a.

Landscaping shall be used to effectively screen the view of the telecommunications facility from adjacent public ways, public property and residential property, to the extent feasible.

b.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing any existing significant vegetation to be removed, and vegetation to be replanted to replace that which is removed.

c.

The building inspector may waive or modify the landscaping requirement where lesser requirements are desirable for adequate visibility for security purposes, for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries and tree farms or where an antenna is placed on an existing structure. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be modified or waived in the discretion of the building inspector.

(8)

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.

(9)

Principal, accessory and joint uses.

a.

Accessory structures used in direct support of a telecommunications facility shall be allowed but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility.

b.

Telecommunications facilities may be located on sites containing another principal use in the same buildable area.

(10)

Lot size and setbacks.

a.

The following setback requirements shall apply to all telecommunications facilities, provided however, that the building inspector may reduce the standard setback requirements of this section if the goals of this article would be better served thereby.

1.

Telecommunications towers must be set back a distance equal to the height of the tower from any off-site residential structure.

2.

Towers, guy wires and accessory facilities must satisfy the minimum zoning district setback requirements.

3.

Telecommunications facilities must be setback from any property line a sufficient distance to protect adjoining property from the potential impact of telecommunications facility failure by being large enough to accommodate such failure on the site, based on an engineer's analysis.

b.

For antennas attached to the roof or a supporting structure on a rooftop, a 1:1 setback ratio (example: ten-foot high antenna and supporting structure requires ten-foot setback from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact and said placement is approved by the building inspector.

(b)

Additional requirements for towers.

(1)

Site location and development shall preserve the existing character of the surrounding buildings and land uses and the zoning district as much as possible. Personal wireless telecommunication towers shall be integrated through location and design to blend in with existing characteristics of the site to the extent practical.

(2)

Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.

(3)

At a tower site the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower and related facilities to the natural setting and built environment.

(4)

Towers shall not be located any closer than 1,500 feet from an existing tower unless technologically required or visually preferable.

(5)

When a tower is adjacent to a residential use and located on the ground, it must be set back from the nearest residential lot line a distance at least equal to its total height.

(6)

In no case shall a tower be located in the required front yard, back yard or side yard in a residential district.

(7)

Towers shall not be placed where they will negatively affect historic districts or buildings as designated by the commission or any state or federal law or agency or where they will create visual clutter.

(8)

Towers shall be enclosed by opaque or solid decay-resistant security fencing not less than six feet in height and shall be equipped with an appropriate anti-climbing device or other similar protective device designed to prevent tower access.

(9)

Placement of more than one tower on a lot shall be permitted, provided all setback, design, landscape, and placement requirements are met as to each tower. Structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not lead to multiple failures in the event that one fails.

(10)

The building inspector shall have the discretion to waive the requirements of this subsection where exact compliance would interfere with the function or purpose of a tower, or where compliance would place an unreasonable burden on an owner.

(Ord. No. 20-2008, 12-8-08)

(a)

General application requirements for all building and special use permits. Application for a building permit or special use permit for any telecommunications facility shall be made to the building inspector 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 following information shall be submitted for an application to be considered complete when applying for any building permit, special use permit or other permit or variance included in this article:

(1)

Basic information.

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.

b.

Landscape plan to scale indicating size, spacing and type of plantings required in sections 94-141 and 94-142.

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, or streetscapes.

d.

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

e.

Detailed construction plans and/or drawings, and a report from a qualified, independent engineer licensed in the State of Georgia, documenting the following:

1.

Telecommunications facility height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design;

2.

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

3.

Evidence of structural integrity of the tower structure; and

4.

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

f.

A definition of the area of service to be served by the antenna or tower and whether such antenna or tower is needed for coverage or capacity.

g.

Information showing the proposed facility would provide the needed coverage or capacity.

h.

If applicant is a firm, corporation, or business entity, the identity of a community liaison officer appointed by the applicant to resolve issues of concern to neighbors and residents relating to the construction and operation of the facility. Include name, address, telephone number, facsimile number and electronic mail address, if applicable.

i.

Identification of the geographic service area for the subject installation, including a map showing the site and the nearest or associated telecommunications facility sites within the network, or description of describe the distance between the telecommunications facility sites, and a description of how this service area fits into and is necessary for the service network.

j.

Designation of which location preference, identified in section 94-639 above, the proposed facility is meeting. If the proposed location is not a preferred location or is a disfavored site, describe:

1.

What publicly-used building, colocation site or other preferred location sites are located within the geographic service area. Provide a list (by address with map and parcel number noted) and a map at 1:200 scale of all such buildings within the service area;

2.

What good faith efforts and measures were taken to secure each of these preferred location sites;

3.

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

4.

How and why the proposed site is essential to meet service demands for the geographic service area and citywide network.

(2)

Five-year plan and site inventory. Each application shall include a five-year facilities plan and site inventory including the following:

a.

A list of all telecommunications facility sites, whether such sites are existing, existing to be upgraded or replaced, or merely proposed, within the city limits and within one mile of the city limits and a map showing these sites. The list must include the following information for each site:

1.

Street address;

2.

Assessor's map and parcel or other applicable ad valorem tax identification number;

3.

Zoning district;

4.

Type of building (commercial, residential, mixed use) and number of stories;

5.

The number of antennas and base transceiver stations per site and the location and type of antenna installation (stand-alone rooftop, building facade, etc.) and location of the base transceiver station installation(s);

6.

The height from grade to the top of the antenna installation; and

7.

The radio frequency range in megahertz, the wattage output of the equipment and effective radiated power.

b.

If the applicant does not know specific future tower and antenna site locations but does know of areas where telecommunications facilities may be needed within the next five years to provide service, the applicant shall list the assessor's map and parcel numbers contained within the anticipated geographic service area and identify each geographic service area with a number that will correspond to the future telecommunication facility site.

(3)

Additional information requirements for towers.

a.

If the proposed site is zoned residential or C-1, C-2, or C-N, and there are alternative sites in IND-L or IND-G, applicants must justify why those alternate sites have not been proposed. The building inspector will review with special care justifications that appeal only to undue expense and/or to undue difficulties in entering into a lease agreement. The building inspector shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site.

b.

Applicants must identify all existing towers and all towers for which there are applications currently on file with the building inspector. Applicants must provide evidence of the lack of space on all suitable existing towers to locate the proposed antenna and of the lack of space on existing tower sites to construct a tower for the proposed antenna. If colocation on any such towers would result in less visual impact than the visual impact of the proposed tower, applicants must justify why such colocation is not being proposed. If colocation on any such tower would increase negative visual impact, then the applicant must so state and demonstrate. The building inspector will review with special care justifications that appeal only to undue expense and/or to undue difficulties in entering into a lease agreement. The building inspector shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site.

c.

In all zones, applicants must demonstrate that they cannot provide personal wireless communication service without the use of a telecommunications tower.

d.

The applicant shall quantify the additional tower capacity anticipated, including the approximate number and types of antennas. The applicant shall provide a drawing for each tower showing existing and proposed antennas locations. The applicant shall also describe any limitations on the ability of the tower to accommodate other uses, e.g., radio frequency interference, mass height, frequency or other characteristics. The applicant shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not chosen to be incorporated. The building inspector shall approve those limitations if they cannot be overcome by reasonable technical means.

e.

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

(4)

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

(b)

Expedited review for building permits only. When a telecommunications facility will be a use as of right pursuant to sections 94-360 and 94-375 and requires only a building permit and design review before it may be erected, the building inspector will attempt to expedite review of the application and render a decision on the application within 15 business days after receipt of a complete application.

(c)

Special use permits.

(1)

A request for a special use permit shall be initiated by application to the building inspector and handled in accordance with the special use permit provision of sections 94-360 and 94-375 of the Municipal Code. The planning commission may issue a special use permit under this section provided it shall have determined that all of the requirements of sections 94-360 and 94-375 have been satisfied and, further, that the benefits of and need for the proposed tower are greater than any possible depreciating effects and damage to the neighboring properties.

(2)

In granting a special use permit, the planning commission may impose additional zoning conditions to the extent determined necessary to buffer or otherwise minimize adverse effects of the proposed tower or antenna on surrounding properties.

(d)

Variances.

(1)

An applicant may seek a variance from the terms of this article after the building inspector informs him or her that the proposed site, tower, or any other matter is not in conformity with this article, by filing a written application for a variance with the planning commission. Said application shall contain all of the basic information required by this section for regular applications, as well as the basis for the variance.

(2)

When an application for a variance is submitted the building inspector shall place or cause to be placed, a sign on the property where the facility is to be placed notifying the public of the application. In addition, a notice of the planning commission meeting shall be published once a week for two weeks prior to said meeting at which the variance is to be considered. The planning commission shall receive evidence and make a recommendation to grant or deny the variance to the city commission, which shall proceed to consider the application at the next available meeting, but no sooner than ten days after the decision of the planning commission. All proceedings and decisions of either body shall be supported by substantial evidence in a written record. Any parties aggrieved by a decision of either the planning commission or city commission shall have the right to appeal as set forth in sections 94-60 and 94-61.

(3)

In considering a variance, both the planning commission and city commission shall consider, but not be limited by the standards contained in sections 94-60 and 94-61.

(Ord. No. 20-2008, 12-8-08)

Applicant and owner shall allow other future personal wireless service companies, including public and quasi-public agencies, using functionally equivalent personal wireless technology to colocate antennas, equipment and facilities on a telecommunications facility unless specific technical constraints prohibit said colocation. Applicant and other personal wireless carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructure and shall provide for equitable sharing of costs in accordance with industry standards.

(Ord. No. 20-2008, 12-8-08)

Appeals from any decision of the building inspector may be taken by any person aggrieved or any official of the city affected by the decision of the building inspector. Such appeal shall be to the planning commission pursuant to chapter 94, article VII, division 2 of the Municipal Code. Appeals from any decision of the planning commission may be taken by any person aggrieved or any official of the city affected by the decision of the planning commission and shall be to the city commission in accordance with the above-referenced Code sections. Appeals from any decision of the commission shall be made to the superior court within 30 days of the decision. Any decision by the building inspector or by the planning commission denying a request to place, construct or modify a telecommunications facility shall be in writing and supported by substantial evidence in a written record. Any decision by the commission denying or approving a request to place, construct or modify a telecommunications facility shall be in writing and supported by substantial evidence in a written record.

(Ord. No. 20-2008, 12-8-08)

Telecommunications facilities, including, without limitation, power source, ventilation and cooling, shall be operated at all times so as not to create excessive or unreasonable noise levels. In addition, such facilities shall not be operated so as to cause the generation of heat that adversely affects a building occupant, and shall not be maintained or operated in such a manner as to be a nuisance.

(Ord. No. 20-2008, 12-8-08)

All telecommunications facilities shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such facilities. If upon inspection by the building inspector any such telecommunications facility is determined not to comply with the code standards or to constitute a danger to persons or property, then upon notice being provided to the owner of the facility and the owner of the property if such owner is different, such owners shall have 30 days to bring such facility into compliance. In the event such telecommunications facility is not brought into compliance within 30 days, the city may provide notice to the owners requiring the telecommunications facility to be removed. In the event such telecommunications facility is not removed within 30 days of receipt of such notice, the city may remove such facility and place a lien upon the property for the costs of removal. Delay by the city in taking action shall not in any way waive the city's right to take action. The city may pursue all legal remedies available to it to insure that telecommunications facilities not in compliance with the code standards or which constitute a danger to persons or property are brought into compliance or removed. The city may seek to have the telecommunications facility removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

(Ord. No. 20-2008, 12-8-08)

(a)

Any telecommunications facility that is not operated for a continuous period of 12 months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it. The owner of a telecommunications facility and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications facility. If such antenna and/or tower is not removed within 60 days of receipt of notice from the city notifying the owner(s) of such abandonment, the city may remove such tower and/or antenna and place a lien upon the property for the costs of removal. The city may pursue all legal remedies available to it to insure that abandoned telecommunications facilities are removed. Delay by the city in taking action shall not in any way waive the city's right to take action. The city may seek to have the telecommunications facility removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

(b)

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

(Ord. No. 20-2008, 12-8-08)

(a)

All telecommunications facilities operative on November 13, 2000, shall be allowed to continue their present usage as a nonconforming use and shall be treated as a nonconforming use in accordance with section 94-85 of the Municipal Code. Routine maintenance, including replacement of a new tower or antenna of like construction and height, shall be permitted on such existing telecommunications facilities. New construction other than routine maintenance shall comply with the requirements of this article.

(b)

A telecommunications facility that has received city approval as of November 13, 2000, in the form of either a building permit or special use exception, but has not yet been constructed or placed in operation shall be considered an existing telecommunications facility so long as such approval is current and not expired.

(c)

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

(Ord. No. 20-2008, 12-8-08)

(a)

Any person who attempts to erect or erects a telecommunications facility covered by this article without having first obtained the necessary building permit, special use permit or variance in the manner provided in this article shall be deemed in violation of this article. Any responsible party or other persons convicted by a court of competent jurisdiction of violating any provision of this article shall be guilty of violating a duly adopted ordinance of the city and shall be punished either by a fine not to exceed $1,000.00 or by imprisonment not to exceed 12 months or both. The court shall have the power and authority to place any person guilty of violation of this article on probation and to suspend or modify any fine or sentence. As a condition of such suspension, the court may require payment of restitution or impose other punishment allowed by law.

(b)

If any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this article or without obtaining that required permits, or if any building, structure or land is used in violation of this article, the city attorney, in addition to any other remedies, may institute proceedings in municipal court to prevent or enjoin such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violations. Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues may be deemed a separate offense, for purposes of assessing fines and/or other penalties, under section 1-13.

(Ord. No. 20-2008, 12-8-08)

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

(Ord. No. 20-2008, 12-8-08)

In reviewing applications for permits or variances submitted under this article, or appeals from decisions of the building inspector, planning commission, or city commission, city officials shall consider, but not limit themselves to, the following standards and factors:

(a)

Aesthetic appeal of the proposed telecommunications facility;

(b)

Diminution in value of any adjoining property due to the placement of the proposed facility;

(c)

Petitions and/or public opposition submitted by adjoining property owners;

(d)

Possible risk of danger, injury, or damage to person or property due to structural failure of a facility;

(e)

Existence of other alternate sites for location and whether the applicant considered them prior to choosing a proposed site;

(f)

Any hardship on the applicant which may be created by the denial of a permit requiring the owner to locate in a different place;

(g)

Proximity of one facility to structures on adjacent properties;

(h)

Any other factors or requirements under this article.

(Ord. No. 20-2008, 12-8-08)