The purpose of this article is to provide requirements for the siting of all wireless, cellular, television and radio telecommunications support structures and antennas; to avoid locating telecommunication facilities in residential areas whenever possible; to encourage the location of support structures in nonresidential areas; to minimize the total number of support structures within the community as may be necessary to provide adequate personal wireless services to residents of the City; to encourage the joint use of new and existing support structure sites among service providers; to locate telecommunications support structures and antennas in areas where adverse impacts on the community are minimized; to encourage the design and construction of support structures and antennas to minimize adverse visual impacts; to enhance the ability of the providers of telecommunications services to deliver such services to the community effectively and efficiently; to maximize the co-location of services on new and existing towers so as to minimize the need for new towers and reduce the total number of towers; to encourage use of alternate telecommunication technologies as a primary option rather than construction of additional single-use towers; to minimize adverse visual effects of telecommunication facilities through careful design, siting, screening, and utilization of innovative technology; and to avoid potential damage to adjacent properties and personal injury from tower failure and falling ice and debris through engineering, careful siting of telecommunication structures, and other requirements.

(Code 1990, § 8-7-98; Ord. No. 791, § 3, 6-17-2009)

When used in this chapter, the following words and phrases have the meaning ascribed to them in this section, unless the context indicates a different meaning:

(a)

Alternative support structure means clock support structures, bell support structures, church steeples, light/power poles, electric transmission support structures, signs, water storage tanks, and similar natural or man-made alternative-design mounting structures that camouflage or conceal the presence of antennas or support structures.

(b)

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

(c)

Reserved.

(d)

Co-location means the placement of the antennas of two or more service providers upon a single support structure or alternative support structure.

(e)

Department means the City of Conyers' Planning and Inspection Services Department.

(f)

FAA means the Federal Aviation Administration.

(g)

FCC means the Federal Communications Commission.

(h)

Governing authority means the Mayor and City Council of the City of Conyers.

(i)

Height, when referring to a support structure or other structure, means the distance measured from ground level to the highest point on the support structure or appurtenance.

(j)

Scenic view means those geographic areas containing visually significant or unique natural features, as identified in the City of Conyers' Comprehensive Land Use Plan.

(k)

Support structure means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice support structures, guy support structures, or monopole support structures. The term "support structure" includes radio and television transmission support structures, microwave support structures, common-carrier support structures, cellular telecommunication support structures, manmade trees (with accessory buildings/structures) and other similar structures.

(l)

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

(Code 1990, § 8-7-99; Ord. No. 791, § 3, 6-17-2009)

(a)

Compliance required. Except as specified in this article, it shall be unlawful for any person to erect, install, construct, enlarge, move, alter, modify or convert any telecommunications tower or antenna or cause the same to be done within the City except in accordance with the provisions of this article. Except as otherwise specifically provided herein, all towers and antennas shall also comply with all development regulations applicable to the zoning district in which said tower or antenna is located.

(b)

Height limitations. Height limitations applicable to buildings and structures set forth elsewhere in this chapter shall not apply to towers and antennas that are subject to this article.

(c)

Governmental exemption. Except as otherwise specifically provided for in this article, the provisions of this article shall not apply to the City's properties, facilities or structures.

(d)

Pre-existing towers and antennas. Any tower or antenna for which a permit has been properly issued and lawfully continues in effect prior to the effective date of this article shall not be required to meet the requirements of this article, other than the requirements of Section 8-7-102(b) through (f).

(e)

Amateur radio equipment. This article shall not govern receiving or transmitting equipment owned and operated by a Federally licensed amateur radio station operator provided that the total height of the antenna and its associated tower or other supporting device shall not exceed 50 feet. Additional height may be authorized by the Board of Zoning Appeals and Adjustments in compliance with this chapter.

(f)

Receive-only equipment. This article shall not govern receive-only antennas or satellite dishes, provided the total height of the antenna or dish and its associated tower or other supporting device shall not exceed 50 feet.

(Code 1990, § 8-7-100; Ord. No. 791, § 3, 6-17-2009)

All telecommunication antennas and towers shall require a permit issued pursuant to the requirements of this article. Prior to review and decision regarding a requested permit, a complete application shall be filed with the Department. Said application shall provide all of the following information and documentation and meet each of the standards set forth below. No application shall be deemed complete and filed until all of the following information has been provided.

(a)

A survey drawing or plat of the entire tract, sealed by a surveyor registered in the State, showing the location of all lot lines, leased areas, easements, access points, structures, screening and landscaping existing on site, and including a metes and bounds legal description of the entire tract.

(b)

A site plan that has been prepared and sealed by an appropriate licensed professional and that is to scale. The site plan must specify the location and all dimensions of the telecommunications facilities, as well as all other improvements, height of facilities, topography using two-foot contours, setbacks, transmission building and/or other accessory uses, access, drives, parking, fences, landscape plan, and all land uses within 500 feet of the exterior boundary of the leased area or proposed tower site. Applicants shall submit both paper location map and digitized location map in a format compatible with the Geographical Information System (GIS) software currently utilized by the City.

(c)

Scaled elevations showing the impact of the proposed telecommunications facility. If the proposal is for a tower, the applicant shall also arrange a balloon test with the Department, to be conducted at a date and time coordinated by the Department, physically demonstrating the actual height and location of the proposed tower.

(d)

A full description, including photographic exhibits, of the environment surrounding the proposed telecommunications facility, including all residential structures and zoning districts within 500 feet of the exterior boundary of the leased area or proposed telecommunications facility site, existing tree coverage and general topography within said distance, and any districts, structures or sites of historic significance.

(e)

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.

(f)

A report from a qualified engineer licensed in the State, documenting each of the following:

(1)

Telecommunications facility height and design, including technical, engineering, economic, and all other pertinent factors governing selection of the proposed design and demonstrating that the proposed facility would provide the required coverage or capacity;

(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 telecommunications facility; and

(4)

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

(g)

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, including, but not limited to, name, address, telephone number, facsimile number, electronic mail address and cell phone number.

(h)

Identification of the geographic service area to be served by the subject installation, including accurately scaled color radio frequency (RF) plotted maps showing the applicant's existing network including the proposed site as well as the nearest or associated telecommunications facility site within the network, proposed coverage, and the existing network overlaid with plots of all potential co-location sites and containing sufficient engineering data to show that said sites would not be feasible to fill significant, required service gaps.

(i)

A site inventory and five-year facilities plan including the following:

(1)

An inventory of all the applicant's existing and proposed telecommunications facility sites within the City and within one-half mile of the border of the municipal geographical boundaries thereof, and a map showing each of these sites.

(2)

If no such sites are located within one-half mile of the border of the municipal geographical boundaries, the applicant's inventory shall include the applicant's nearest facility in each adjoining jurisdiction. The list must include:

(A)

The street address, land lot, section, district, and parcel number;

(B)

The zoning district;

(C)

The type of building or structure and number of stories or height;

(D)

The number of towers, antennas and base transceiver stations per site, the location and type of antenna installation, and the location of the base transceiver station installation(s);

(E)

The telecommunications facility height; and

(F)

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

(3)

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

(j)

Applicants for towers must identify all existing towers and major structures potentially capable of supporting telecommunication equipment, and all towers for which there are applications currently on file with the Department that are located within the applicant's search area. This shall include a description of the distance and location of all such tower and structure sites, both within and outside the applicant's network. Evidence shall be submitted that demonstrates that no existing or pending tower or major structure can accommodate the applicant's proposed antenna. The evidence shall contain an analysis of the following:

(1)

No such towers or structures are located within the geographic area required to meet applicant's engineering requirements;

(2)

Such towers or structures are not of sufficient telecommunications facility height to meet applicant's engineering requirements and cannot be adequately modified;

(3)

Such towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment and cannot be adequately modified;

(4)

Such towers, structures and existing tower sites lack space to locate the proposed antenna or to construct a tower for the proposed antenna;

(5)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on such towers or structures, or the antenna on such towers or structures would cause interference with the applicant's proposed antenna; and

(6)

The applicant demonstrates that there are other factors that render such towers and structures unusable;

(7)

If the evidence demonstrates co-location is feasible and if co-location on any such towers or structure would result in less visual impact than the visual impact of the proposed tower, then applicant shall justify why such co-location is not being proposed. If co-location on any such tower or structure would increase negative visual impact, then the applicant must so state and demonstrate. Requests by the applicant to co-locate on existing towers and structures shall be in writing and said written requests as well as written denials of same are required and shall be included in the application materials. The City will review with special care any justifications that rely upon undue expense and/or difficulties in entering into a lease agreement. The City shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site and on the surrounding area.

(k)

If the proposed site is zoned RA, RS-14, RS-20, TND, TH, RM, or MxD, then an applicant for a tower shall provide evidence as to why alternate sites in the BN, BG, O-I, D, HSB, or ID Zoning Districts have not been proposed. If requests by the applicant to utilize said alternate sites have been denied, said denials shall be in writing and included in the application materials.

(l)

In all zoning districts, applicants shall provide evidence demonstrating that they cannot provide adequate personal wireless communication service consistent with the requirements of their Federal license without the use of a telecommunications facility at the specific location requested.

(m)

An applicant for a tower shall provide evidence establishing that the proposed tower constitutes the least intrusive means necessary to close significant service gaps or otherwise provide coverage mandated by the terms of their Federal license. Statements shall be provided demonstrating that all alternatives have been investigated by the applicant, including alternative tower design, alternative technology, multiple smaller sized, less-intrusive towers, alternative locations, co-location opportunities for placement upon existing structures or buildings, and similar alternatives.

(n)

The applicant shall provide any other evidence necessary to establish compliance with each of the criteria set forth in this section.

(o)

The applicant shall provide any other information requested by the Department needed to fully evaluate the potential impact of the proposed facility in accordance with the criteria set forth in this section.

(Code 1990, § 8-7-101; Ord. No. 791, § 3, 6-17-2009; Memo of 8-15-2016)

The following requirements shall apply to all telecommunications facilities:

(a)

Multiple uses. The presence of existing uses or structures on the same lot shall not preclude the installation of an antenna or tower on such lot provided said installation is otherwise in accordance with this article. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots.

(b)

Building codes and safety standards. To ensure the structural integrity of telecommunications facilities, the owner of such a facility shall ensure that it is maintained in compliance with standards contained in applicable City and State building and safety codes for telecommunications facilities, as may be amended from time to time. Towers shall be located in a manner such that all ice-fall or debris from the tower or alternative tower structure or guy wires will not fall outside the parcel under the ownership or control of the applicant and on which the tower is located.

(c)

Regulatory compliance. 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, to the extent required by any such regulations, 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.

(d)

Security. All telecommunications facilities shall be equipped with an appropriate anti-climbing device or other similar protective device(s) to prevent unauthorized access to the telecommunications facility. All towers shall be enclosed by security fencing not less than six feet in height.

(e)

Lighting. No illumination is permitted on telecommunications facilities unless required by the FCC, FAA or other state or Federal agency of competent jurisdiction. If lighting is required, it shall be to the minimum applicable standard and shall be shielded and/or designed so as to minimize disturbance to surrounding areas.

(f)

Advertising. No signs shall be permitted on telecommunications facilities unless required to be posted by the FCC or FAA. Antennas added to existing structures containing signs shall not be construed as violations of this provision.

(g)

Visual quality.

(1)

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.

(2)

If an antenna is installed on a structure other than a tower, the antenna and associated electrical and mechanical equipment must be of a 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.

(3)

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

(4)

The design of the buildings and related structures at a telecommunications facility site shall, to the maximum extent possible, use materials, colors, textures, screening and landscaping that will blend the telecommunication facilities to the existing natural setting and built environment.

(5)

Equipment shelters or cabinets shall be either below grade or screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained.

(h)

Landscaping.

(1)

Landscaping shall be provided that effectively screens the view of the equipment shelters or cabinets from adjacent uses to a planted height of at least six feet and in a manner that effectively reduces visual obtrusiveness of the site. The standard buffer shall consist of a landscape strip at least ten feet wide outside the required fence. All landscaping shall be reviewed and approved by the City for compliance with all City landscaping and tree regulations prior to the issuance of any certificate of occupancy (CO). All landscaping shall be maintained for the duration of the facility by the owner of the telecommunication facility or property owner of record.

(2)

Existing trees and vegetation on the site shall be preserved to the greatest extent possible, and if they cannot be preserved then they must be replaced. For any trees and vegetation that must be removed, the applicant shall provide a landscaping plan showing which existing trees and vegetation will be removed, and the plan shall also indicate the location of the replacement trees and vegetation.

(3)

In locations where the strict application of this landscaping requirement would not result in the minimization of visual impact, as determined by the Department, the Department may modify or waive this requirement in a manner that is at least equally protective of the visual impact of the tower on adjacent and surrounding properties.

(i)

Accessory uses. Accessory structures used in direct support of a telecommunications facility shall be allowed. However, such allowable use shall not include 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.

(j)

Setbacks. Telecommunications towers and antennas shall be set back a distance equal to the total height of the tower from any adjacent property line and all public rights-of-way, measured radially from the base of the tower to the highest point. In addition, all telecommunication facilities, including towers, guy wires and accessory facilities, shall meet the setback and other development standards specified for the applicable zoning district. Further, all telecommunication towers and antennas shall be set back from all on-site and off-site residential dwellings a distance equal to the tower height.

(k)

Separation requirement. A telecommunication tower shall not be located closer than 1,500 feet from another telecommunication tower.

(l)

Site integration. Site location and development shall preserve the preexisting character of the surrounding buildings and land uses. Towers and alternative tower structures shall be integrated through location and design to blend in with existing characteristics of the site.

(m)

Historic areas. Telecommunications facilities shall not be sited where they will negatively affect historic properties or scenic view corridors identified by the City or any State or Federal law or agency.

(n)

Co-location design. Any tower proposed for a height of between 80 and 100 feet shall be designed and intended to accommodate two users. Any tower proposed at a height greater than 100 feet and up to and including 150 feet shall be designed and intended to accommodate at least three users. Any tower proposed for a height of over 150 feet shall be designed and intended to accommodate at least four users.

(o)

Removal requirements. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the City notifying the owner of such abandonment.

(p)

Conditions. In granting administrative or special use permit authorization pursuant to this article, conditions may be imposed to minimize or ameliorate any negative impacts or effects of the proposed telecommunications facility on adjacent properties.

(Code 1990, § 8-7-102; Ord. No. 791, § 3, 6-17-2009)

Telecommunications facilities shall be specifically permitted only by administrative approval or by special use permit approval as follows. In addition to the following requirements, all such uses shall comply with the application standards and requirements of Section 8-7-101, the general standards and requirements of Section 8-7-102, and all other applicable City ordinances.

*Zoning categories RS-20, RS-14, TND, MxD, D, and MxVOD do not allow a tower to be permitted by administrative approval. Requires a special use permit.

(a)

Uses permitted administratively. The following telecommunication facilities may be approved administratively by the Director of the Department following administrative review:

(1)

Installing an antenna, including microcells and similar arrays, on an existing structure other than a tower, such as a nonresidential building, sign, light pole, water tower, or other freestanding nonresidential structure, in any district zoned O-I, BN, BG, HSB or ID so long as said additional antenna adds no more than 20 feet to the telecommunication facility height of said existing structure. 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 structures requires a ten-foot setback from edge of roof) shall be maintained unless an alternative placement:

(i)

Is shown to reduce the visual impact from surrounding areas; or

(ii)

Is necessary to achieve the antenna's telecommunication purpose and is shown to equal or reduce the visual impact from surrounding areas.

(2)

Alterations to existing telecommunications towers, alternative tower structure, or antennas, including addition of additional antennas, provided that such alteration does not result in an increase in the existing telecommunications tower or antenna height by more than 20 feet. The Director of the Department may relax or eliminate the application requirements set forth in Section 8-7-101 for alteration applications if the Director of the Department determines that said application requirements are not necessary to effectively evaluate the alteration application.

(3)

Administrative approval for Subsection (a)(1) and (a)(2) of this section shall be granted only upon a finding by the Director of the Department that:

(A)

Compliance with Sections 8-7-101 and 8-7-102 and all other requirements of City codes, has been fully established; and

(B)

The proposal is compatible with the land uses surrounding the site and will not create a demonstrated negative impact to any residential areas from which said proposal can be viewed.

(b)

Uses permitted by special use permit. A special use permit shall be required for all telecommunications facilities not authorized administratively in Subsection (a) of this section. Said telecommunication facilities may be erected, installed, constructed, enlarged, moved, or converted only following approval of a special use permit by the City subject to the following regulations:

(1)

Compliance with Section 8-7-126. The granting of a special use permit for a telecommunications tower or antenna shall be subject to all provisions of Section 8-7-126 except: special use permits for telecommunication towers and antennas shall not expire, but shall continue indefinitely or for such time as is established by the Mayor and City Council in a particular case.

(2)

Compliance with other standards. All proposed telecommunication facilities shall comply with the application standards and requirements as set forth in Section 8-7-101, the general standards and requirements as set forth in Section 8-7-102, and all other applicable City ordinances.

(3)

Co-location. No tower permit shall be granted unless the applicant demonstrates that no existing tower or structure can accommodate the applicant's proposed antenna.

(4)

Least intrusive means required. No tower permit shall be granted unless the evidence establishes that the proposed tower's location and design constitute the least intrusive means necessary to close significant service gaps or otherwise provide personal wireless communication service mandated by the terms of the applicant's Federal telecommunications license.

(c)

Factors considered in granting special use permits. In addition to requiring compliance with Subsection (b)(1) through (4) of this section, the City shall consider the following factors in determining whether to issue a special use permit, as well as those factors set forth in Section 8-7-126. No special use permit shall be granted unless the City determines that the proposed telecommunications facility is compatible with the surrounding land uses as determined by application of the following factors to the specific application:

(1)

The proposed telecommunications facility height and the height of adjacent or nearby structures and/or tree coverage.

(2)

Proximity of the telecommunications facility to residential structures and residential district boundaries and the degree of visual intrusiveness of the proposed tower or facility from said residential areas.

(3)

Nature of uses of adjacent and nearby properties.

(4)

Surrounding topography, particularly with regard to the ability to screen or fail to screen proposed telecommunications facilities.

(5)

Surrounding tree coverage and foliage, particularly with regard to the ability to screen or fail to screen proposed telecommunications facilities.

(6)

Design of the telecommunications facility, with particular reference to design characteristics and/or alternative tower structures that have the effect of reducing or eliminating visual obtrusiveness.

(7)

Proposed ingress and egress.

(8)

The extent to which compliance with Sections 8-7-101(j) and 8-7-101(k) has been demonstrated for the particular location selected by the applicant.

(Code 1990, § 8-7-103; Ord. No. 791, § 3, 6-17-2009; Ord. No. 1024, § 1, 7-20-2016)

Fees for all applications and permits for telecommunication towers and antennas shall be submitted at the time of application to the City. Application and permit fees shall be charged by the City as established by the Mayor and City Council from time to time.

(Code 1990, § 8-7-104; Ord. No. 791, § 3, 6-17-2009)

All final decisions made pursuant to this article with regard to the issuance or denial of special use permits or administratively approved permits for telecommunications towers and antennas shall be in writing and a written record shall be maintained by the Director of the Department or by the City Clerk as applicable. Such decisions shall be made within a reasonable time from the date completed application is duly filed with the Department.

(Code 1990, § 8-7-105; Ord. No. 791, § 3, 6-17-2009)

If any conflicts occur between the terms of this article and the terms of any other section or ordinances of the City, the provision imposing the more restrictive standard shall prevail. If said conflicting provisions are equally restrictive, the provisions of this article shall prevail.

(Code 1990, § 8-7-106; Ord. No. 791, § 3, 6-17-2009)