The purpose of this chapter is to provide requirements for the siting of all wireless, cellular, television and radio telecommunications support structures and antennas; to encourage the location of support structures in nonresidential areas; to minimize the total number of support structures within the community necessary to provide adequate personal wireless services to residents of the city of Covington; 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; and to enhance the ability of the providers of telecommunications services to deliver such services to the community effectively and efficiently.

(Ord. dated 6/30/08 (part))

For the purpose of this chapter, certain terms used herein shall be defined as follows:

"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.

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

"Base station" means a structure or equipment at a fixed location that enables FCC or authorized wireless communications between user equipment and a communications network. The term does not encompass a support structure as defined in this subpart or any equipment associated with a support structure.

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

"Department" means the city of Covington planning and zoning department.

"FAA" means the Federal Aviation Administration.

"FCC" means the Federal Communications Commission.

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

"Governing authority" means the mayor and council of the city of Covington.

"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.

"Preexisting support structure and antennas" means structures as set forth in Section 16.56.030(E) of this chapter.

"Scenic views" means those geographic areas containing visually significant or unique natural features, as identified in the city of Covington comprehensive plan.

"Substantial change" means a modification which substantially changes the physical dimensions of an eligible support structure by meeting any of the following criteria:

1.

For support structures other than support structures in the public rights-of-way, it increases the height of the support structure by more than ten (10) percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater. For other eligible support structures, it increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the support structure or base station, inclusive of originally approved appurtenances;

2.

For support structures other than support structures in the public rights-of-way, it involves adding an appurtenance to the body of the support structure that would protrude from the edge of the support structure more than twenty (20) feet, or more than the width of the support structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

3.

For any support structure or base station, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for support structures in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;

4.

It entails any excavation or deployment outside the current site;

5.

It would defeat the concealment elements of the eligible support structure; or

6.

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs 1., 2., 3. or 4. of this [definition].

"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 includes radio and television transmission support structures, microwave support structures, common-carrier support structures, cellular telecommunication support structures, man-made trees (with accessory buildings/structures) and other similar structures.

"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.

(Ord. dated 6/30/08 (part); Ord. dated 4/1/19, § 1)

A.

No support structure or antenna shall be located in the city of Covington except as set forth in this chapter. Except as set forth in subsection D herein, the provisions, requirements and limitations of this chapter shall govern the location of all wireless telecommunication, cellular telecommunication, television, microwave or radio transmission support structure or antenna installed within the jurisdiction of the governing authority. If any provisions in other chapters of the zoning ordinance conflict with this chapter, the provisions of this chapter shall apply.

B.

Height Limitations. Height limitations applicable to buildings and structures set forth elsewhere in the zoning ordinance shall not apply to support structures and antennas which comply with this chapter.

C.

Governmental Exemption. Except as otherwise specifically provided for in this chapter, the provisions of this chapter shall not apply to the governing authority's properties, facilities or structures.

D.

Amateur Radio—Receive-Only Antennas. This chapter shall not apply to any support structure, or the installation of any antenna, that is seventy-five (75) feet or less in height and is owned and operated by a federally-licensed amateur radio station operator from the operator's residence, or is used exclusively as a receive-only antenna; provided, however, only one such support structure or antenna per residence shall be exempt from this chapter.

E.

Pre-existing Support Structures and Antennas. Any support structure or antenna for which a permit has been properly issued prior to the effective date of this chapter shall not be required to meet the provisions of this chapter, other than Section 16.56.040 subsections E (except subsection (E)(6), G, H, K, L, M and Section 16.56.090. Any such support structures or antennas shall be referred to in this chapter as "pre-existing support structures" or "pre-existing antennas." Provided, however, that the placement of antennas on any nonconforming structure shall not create a vested right for the continued use of the structures should the nonconforming use cease. If an additional antenna is co-located upon a pre-existing support structure or alternative support structure after adoption of this chapter, then the requirements of Section 16.56.040 subsections E (except subsection (E)(6), G and H shall be met as part of the permitting process.

(Ord. dated 6/30/08 (part))

A.

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

B.

Five-Year Plan and Inventory of Existing Sites. To facilitate the co-location of antennas and future land use planning, each applicant seeking to locate a new support structure, alternative support structure or antenna, or modify any such existing structure, shall provide to the planning and zoning director an inventory of its existing support structures or alternative support structures, existing support structures or alternative structures to be upgraded or replaced, and proposed support structures or alternative structures to be constructed in the next five years following the date of the application. The planning and zoning director shall provide the city of Covington board of tax assessors with a copy of the inventory.

2.

The inventory shall include all such structures owned or leased by the applicant that are within the jurisdiction of the governing authority; within Newton County; and, within a neighboring county which currently is capable of providing coverage or capacity within the city of Covington, and shall include specific information about the location (latitude and longitude coordinates), height, design, support structure type and general suitability for antenna co-location of each support structure or alternative structure, and other pertinent information as may be required by the planning and zoning director.

3.

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

4.

The planning and zoning director may share the location of existing telecommunication facility sites with other applicants seeking to locate support structures or antennas within the jurisdiction of the governing authority; provided, however that the department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. The location of any proposed telecommunication facility sites will be protected as privileged information if the applicant so requests and it is considered as such under the applicable laws and legal authority.

C.

Co-location—Design Requirements. In addition to all applicable building and safety codes, all support structures shall be designed to accommodate the co-location of cellular telecommunication antennas according to the following:

1.

For support structures up to ninety (90) feet in height, the structure and fenced compound shall be designed to accommodate the maximum number of users as determined by the most current technology;

2.

For support structures ninety (90) feet to one hundred fifty (150) feet in height, the structure and fenced compound shall be designed to accommodate at least three providers or the maximum number of users as determined by the most current technology, whichever is greater;

3.

For support structures one hundred fifty (150) feet to two hundred (200) feet in height, the structure and fenced compound shall be designed to accommodate at least four providers or the maximum number of users as determined by the most current technology, whichever is greater;

4.

No support structure shall exceed two hundred (200) feet in height.

D.

Co-location—Availability of Suitable Existing Structures. No new support structure shall be permitted unless the applicant demonstrates to the satisfaction of the planning and zoning director and governing authority that no existing support structure or existing alternative support structure can accommodate the applicant's proposed antenna. The applicant shall submit an inventory of all support structures or alternative support structures located within one-half mile of the proposed location. All evidence submitted shall be signed and sealed by appropriate licensed professionals or qualified industry experts. All required evidence must be submitted with the application. Evidence submitted to demonstrate that no existing support structure or other structure can accommodate the proposed antenna shall consist of one or more of the following:

1.

No existing support structures or suitable alternative support structures are located within the geographic antenna placement area required to meet the applicant's engineering requirements;

2.

Existing support structures or structures are not of sufficient height to meet the applicant's engineering requirements;

3.

Existing support structures or structures do not have sufficient structural strength to support the applicant's antenna and related equipment;

4.

The applicant's proposed antenna would cause electromagnetic interference with the antenna(s) on the existing support structures or structures, or the antenna on the existing support structures or structures would cause interference with the applicant's proposed antenna;

5.

The cost or contractual provisions required by the support structure owner to share an existing support structure or alternative support structure or to adapt an existing support structure or alternative support structure for sharing exceed the cost of new support structure development. Specific cost information must be submitted if this justification is to be relied upon; and

6.

The applicant adequately demonstrates that there are other limiting factors that render existing support structures and structures unsuitable, other than economic reasons. If the requirement of co-location will cause additional expense to the applicant, all such costs must be specifically shown.

E.

Aesthetics. The guidelines set forth in this subsection shall govern the design and construction of all support structures, and the installation of all antennas governed by this chapter.

1.

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

2.

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

3.

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

4.

Support structures shall not be artificially lighted, unless required by the FAA or other applicable authority. If the lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

5.

No signage or other identifying markings or signs shall be permitted upon any support structure or alternative support structure within the city of Covington.

6.

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

7.

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

8.

Such other additional requirements as the planning and zoning director shall reasonably require to minimize the visual impact of the site on the surrounding area.

F.

Setbacks and Separation. The following setbacks and separation requirements shall apply to all support structures.

1.

Support structures shall be setback a distance equal to the height of the support structure from its base to any public right-of-way or occupied structure, or property line of the lot or parcel containing the support structure.

2.

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

3.

In zoning districts other than M1 and M2, support structures shall not be located closer than two thousand (2,000) feet from any existing support structure.

4.

In the event an applicant clearly demonstrates that, given the structural failure characteristics of an alternative structure design, the required setbacks are excessive and unduly burdensome, the applicant may request the setbacks be reduced. In determining whether setbacks shall be reduced, consideration shall be given to both the danger from structure collapse and falling debris, such as ice, from a structure.

G.

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

H.

Landscaping. The following requirements shall govern landscaping surrounding all support structures.

1.

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

2.

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

3.

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

I.

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

J.

Review of Support Structure and Antenna Erection by the Airport Authority. If, upon receipt of an application for the erection of any support structure or alternative support structure governed by this chapter, the department deems that the proposed structure may interfere with or affect the operation of existing or proposed airport facilities, a copy of the application shall be submitted by the planning and zoning director to the airport authority for review and recommendation.

K.

Federal Requirements. All support structures must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate support structures and antennas. If such standards and regulations are changed, the permittee or the lessee of the support structure and antenna governed by this chapter shall bring such support structure and/or antenna into compliance with such revised standards or regulations within six months of the effective date of such standards and regulations unless a more or less stringent compliance schedule is mandated by the controlling federal agency. Failure to bring such support structure and/or antenna into compliance with such revised standards and regulations shall be deemed to be a declaration of abandonment of the support structure and constitute grounds for the removal of the support structure or antenna at the owner's, permittee's, or lessee's expense.

L.

Building Codes—Safety Standards. To ensure the structural integrity of support structures, the owner, permittee or subsequent lessee of a support structure or alternative support structure shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for support structures that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the department concludes that a support structure fails to comply with all applicable codes and standards, or constitutes a danger to persons or property, then upon receipt of written notice by the owner, permittee or lessee of the support structure, said party shall have fifteen (15) days to bring the support structure into compliance with such standards. Failure to bring such support structure into compliance within fifteen (15) days shall be deemed a declaration of abandonment of the support structure and constitute grounds for removal of the support structure. Prior to the removal of any support structure, the department may consider detailed plans submitted by the owner, permittee or subsequent lessee for repair of substandard support structures, and may grant a reasonable extension of the above referenced compliance period.

M.

Change of Ownership Notification. Upon the transfer of ownership of an interest in any support structure, alternative support structure, or lot upon which such a structure has been erected, the support structure permittee shall notify the planning and zoning director of the transaction in writing within thirty (30) days.

(Ord. dated 6/30/08 (part))

A.

Pre-Application Consultation. Prior to submitting an application for a permit for any telecommunication facility, the applicant is strongly encouraged to consult with planning and zoning director and review the city of Covington's inventory of potentially available sites for co-location.

B.

General Application Requirement. Application for a permit for any telecommunication facility shall be made to the department by the person, company or organization that will own and operate the telecommunications facility. The planning and zoning director is authorized to develop application forms to assist in providing the required information and facilitate the application process. Except for a co-location information submittal, the following information shall be submitted at the time the application is submitted. The application will not be considered complete and will not be accepted unless accompanied by all required information at the time of submittal.

1.

A survey, sealed by a surveyor registered in the state of Georgia, showing the location of all lot lines, leased areas, easements, access points, structures, screening and landscaping existing on site.

2.

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

3.

Scaled elevations showing the impact of the proposed support structure or antenna.

4.

Landscaped plan to scale indicating size, spacing and type of plantings required in Section 16.56.040(H).

5.

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

6.

Information and drawings showing that the proposed facility and support structure satisfy the aesthetic requirements of Section 16.56.040(E).

7.

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.

8.

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

a.

Support structure or antenna type, height, and design;

b.

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

c.

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

d.

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

e.

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

f.

Certification that the antenna(s) and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations governing non-ionizing electromagnetic radiation (NIER), and that the radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety.

9.

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 name, address, telephone number, facsimile number, and electronic mail address. 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. Describe the distance between the telecommunications facility sites. Describe how this service area fits into and is necessary for the service network, such as whether such antenna or support structure is needed for coverage or capacity.

10.

If the proposed site is in a residential zoning district, applicant must describe why an alternate nonresidential site was not proposed by identifying:

a.

What good faith efforts and measures were taken to secure such an alternate site and why such efforts were unsuccessful;

b.

Why such an alternate site was not technologically, legally or economically feasible; and

c.

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

11.

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

12.

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

13.

The original signature of the applicant. The applicant must provide a signed, notarized statement of all owners of the subject property authorizing the filing of the application, and where applicable, the signed and notarized affidavit of the owner(s) of the subject property authorizing an applicant or agent to act on their behalf in the filing of the application. The application also shall contain the mailing address and phone number of any applicant or agent who is authorized to represent the owner of the subject property. Where applicable, the applicant shall also provide a copy of any lease agreements with the owner of the subject property.

14.

The applicants proposed five-year plan, and other information required by Section 16.56.040(B).

15.

The inventory of existing support and alternative support structures required by Section 16.56.040(D).

16.

Evidence demonstrating specifically that no existing support or alternative support structure can accommodate the proposed antenna, under Section 16.56.040(D).

17.

If the proposed antenna height exceeds the limitations of Section 16.56.080, the applicant must describe why an antenna complying with that height standard is not feasible by showing:

a.

What good faith efforts and measures were taken to secure an alternate site and why such efforts were unsuccessful;

b.

Why an alternate site was not technologically, legally or economically feasible;

c.

How and why the proposed height is essential to meet service demands for the geographic service area; and

d.

How and why the necessary service cannot be provided with more antennas at a height complying with Section 16.56.080.

18.

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

C.

Support Structure Co-location Information Submittals. Any person or entity co-locating an antenna or antennas which will add no more than ten (10) feet to the height of the support structure and related equipment or appurtenances on or around a support structure for which a permit has already been issued shall submit the following information only. This information must be submitted at the time the application is submitted. The application will not be considered complete and will not be accepted unless accompanied by all required information at the time of submittal:

1.

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

2.

The name of the owner of the support structure and a copy of any lease agreements with said owner.

3.

The support structure's permit number.

4.

The location of the support structure.

5.

The remaining structural capacity of the support structure.

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 governing non-ionizing electromagnetic radiation (NIER), and that the radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety.

(Ord. dated 6/30/08 (part))

A.

General.

1.

The planning and zoning director may administratively approve the uses set forth in subsection D of this section. All such uses shall comply with requirements set forth in this subsection and all other applicable codes and ordinances.

2.

The planning and zoning director shall respond to each application within forty-five (45) days of its receipt by either approving or denying the application. One forty-five (45) day extension of this review period may be exercised by the planning and zoning director if such additional time is deemed necessary to adequately assess the request. If the planning and zoning director fails to respond to the applicant within a maximum of ninety (90) days, the application shall be deemed to be approved.

3.

As part of any administrative approval, the planning and zoning director may administratively reduce setback requirements by up to ten (10) percent to compensate for irregularly shaped lots or parcels.

4.

Any decision by the planning and zoning director that results in the denial of a request to place, construct, or modify wireless telecommunications facilities shall be in writing and supported by substantial evidence contained in a written record. In addition to the requirements set forth in subsection D for uses allowed by administrative approval, the planning and zoning director shall consider the applicable factors set forth in Section 16.56.070(F) in acting upon an application for administrative approval.

B.

Application—Contents—Fee. All applications for administrative approval of a permit shall be submitted to the planning and zoning director. Each application shall contain as a part thereof detailed plans and specifications as set forth in Section 16.56.050. An application for administrative approval of a permit shall not be accepted for processing without the information required in Section 16.56.050 of this chapter. An application fee shall be charged by the planning and zoning director in an amount stated in Section 16.56.100 of this chapter.

C.

Co-location of Antennas Required. Applicants for the erection of a support structure or placement of an antenna shall be required to co-locate upon an existing support structure or alternative support structure. An exception to co-location shall only be made if the applicant adequately demonstrates that an existing support structure suitable for co-location does not exist in the geographic antenna placement area, and that no suitable alternative support structure is available as set forth in Section 16.56.040(D).

D.

Uses Allowed by Administrative Approval. The following uses may be approved by the planning and zoning director after conducting an administrative review, provided all other criteria of this chapter are met.

1.

If it is adequately demonstrated that antenna co-location, as required in subsection C above, is not possible for a given geographic antenna placement area, construction of a new support structure up to a height of one hundred fifty (150) feet, including the placement of additional buildings or other supporting equipment used in connection with said support structure or antenna, may be permitted in the M1 and M2 zoning districts.

2.

If it is adequately demonstrated that antenna co-location, as required in subsection C above, is not possible for a given geographic antenna placement area, construction of a new support structure up to a height of fifty (50) feet (thirty-five (35) feet if only intended to accommodate one user), including the placement of additional buildings or other supporting equipment used in connection with said support structure or antenna, may be permitted in the CM zoning district.

3.

Co-location of any antenna, so long as the addition of said antenna adds no more than ten (10) feet to the height of the existing support or alternative support structure.

4.

Replacing an existing support structure with a new support structure designed to accommodate three or more users so long as the new support structure does not exceed the height limitations of this chapter and setback requirements of this chapter are met. After the replacement support structure is built, only one support structure shall remain on such site.

E.

Appeal of Administrative Determination. If a permit application for a support structure as an administratively permitted use is determined by the planning and zoning director to not meet all applicable criteria of this chapter, the applicant may appeal the determination to the board of appeals and adjustments pursuant to Section 16.12.180.

(Ord. dated 6/30/08 (part))

An applicant may request administrative approval of modifications to an existing support structure or base station that is deemed to not be a substantial change, as defined in this code.

1.

The applicant shall provide a site plan and information as listed on a city application regarding location of the structure(s); elevations or a rendering of the structure(s) including any proposed changes; any accessory structure(s); and all proposed landscaping. If an application is deemed incomplete, an applicant will be notified by the department within ten (10) days. Any timeframes of review are delayed or tolled until the applicant resubmits the application materials.

2.

After submission of an application to the department, and a determination of eligibility has been made, the planning and zoning director will review all applications and make their decision based upon the information submitted.

3.

The addition of antennas to an existing structure are exempted from all setback requirements which pertain to residentially zoned or used properties.

4.

Once the request has been confirmed to not be a substantial change, as defined in this code, a decision shall be made by the planning and zoning director within sixty (60) days, subject to federal law and FCC rule changes.

5.

The 60-day period begins to run when the application is filed but may be tolled in cases where the department determines that the application is incomplete. To toll the timeframe for incompleteness, the department must provide written notice to the applicant within thirty (30) days of receipt of the application, clearly and specifically delineating all missing documents or information as required under subsection 1. of this section. The timeframe for review begins running again when the applicant makes a supplemental submission in response to the notice of incompleteness. Following a supplemental submission, the department has ten (10) days to notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection 5. Second or subsequent notices of incompleteness shall not specify missing documents or information that were not delineated in the original notice of incompleteness.

6.

In the event the city fails to approve or deny a request seeking approval under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the city in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

(Ord. dated 4/1/19, § 2)

A.

General.

1.

If the proposed support structure or antenna is not eligible for administrative approval, then a special use permit shall be required for the construction of a support structure, alternative support structure or the placement of an antenna in any zoning district. All such uses shall comply with requirements set forth in this chapter and all other applicable codes and ordinances.

2.

In granting a special use permit, the governing authority may impose conditions to the extent that it concludes such conditions are necessary to mitigate from the proposed support structure or antenna upon surrounding properties as set out in Section 16.56.060.

B.

Application—Contents—Fee. All applications for special use permits shall be submitted to the planning and zoning director. Each application shall contain as a part thereof detailed plans and specifications as set forth in Section 16.56.050. An application for a special use permit shall not be accepted for processing without all the information required in Section 16.56.050. An application fee shall be charged by the planning and zoning director in accordance with Section 16.56.100.

C.

Co-location of Antennas Required. Applicants for the erection of a support structure or antenna, except amateur radio operators, shall be required to co-locate upon an existing support structure. An exception to co-location shall only be made if the applicant adequately demonstrates that an existing support structure suitable for co-location does not exist in the geographic antenna placement area, and that no suitable alternative support structure is available as set forth in Section 16.56.040(D) contained herein.

D.

Independent Expert Review. The governing authority shall engage a licensed professional engineer as an independent expert to review any of the materials submitted by an applicant for a special use permit if the application seeks a new support structure over one hundred (100) feet in height. The governing authority may engage such an expert if the application seeks a new support structure under one hundred (100) feet, or seeks a co-location. The expert shall render an opinion regarding any concerns about the proposal, including but not limited to, structural integrity and the feasibility of alternative sites or co-location. Following the review of an independent expert, the governing authority shall convey its concerns to the applicant in writing and shall allow the applicant a reasonable opportunity to address those concerns.

E.

Public Hearing. Before taking action upon the proposed special use permit, the governing authority shall hold a public hearing on the matter consistent with the requirements of Sections 16.12.070 and 16.12.080.

F.

Considerations in Approval or Denial of Special Use Permits. Any denial of a request to place, construct or modify a telecommunications facility shall be in writing and supported by substantial evidence contained in a written record. The mayor and council shall submit a written decision to the clerk of the mayor and council, and mail a copy to the applicant, within one week of the date of decision. The following factors shall be taken into consideration in acting upon a special use permit application under the provisions of this chapter:

1.

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

2.

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

3.

The surrounding topography;

4.

The surrounding tree coverage and foliage;

5.

The design of the support structure or antenna(s), with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, such as a monopole or alternative support structure;

6.

The proposed ingress and egress;

7.

The availability of suitable existing support structures or other structures for antenna co-location; and whether the applicant has demonstrated adequately, pursuant to Section 16.56.040(D), that no co-location is possible;

8.

The impact of the proposed support structure or antenna(s) upon scenic views, historic districts or properties, and visual quality of the surrounding area;

9.

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

10.

The impact of the proposed support structure or antenna(s) on adjacent and nearby properties;

11.

Whether the applicant has demonstrated with clear and convincing evidence that the denial of a permit in such a location will cause a significantly harmful and permanent degradation of service which cannot be overcome by any other means including planned or potential locations which would provide the same or similar coverage or capacity;

12.

Whether the applicant has complied with, and satisfactorily demonstrated compliance with, all requirements of this chapter;

13.

Whether the applicant has satisfied the aesthetic requirements of Section 16.56.040(E); and

14.

If the applicant has previously filed a five-year plan pursuant to Section 16.56.040(B), whether the proposed facility complies with that plan, and if not, whether the applicant has valid reasons for deviating from its plan.

G.

Requirements for Issuance of Special Use Permit. The special use permit may be issued by the governing authority only upon satisfaction of the following requirements:

1.

A proper and complete application filed in accordance with the requirements of Section 16.56.050;

2.

The application is in compliance with the conditions for the proposed special use required by this section, and is in compliance with all requirements of Section 16.56.040;

3.

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

4.

The governing authority determines, based upon a review of the requirements and factors set forth in this chapter, that the benefits and need for the proposed special use are greater than any possible depreciating effects or damages to neighboring or nearby properties; and

5.

All fees have been paid in full.

(Ord. dated 6/30/08 (part); Ord. of 6/1/15(1), § 3)

A.

Placement of Support Structures and Antenna. No permit shall be granted for any site zoned as a historic district, NR1, NR2, NR3 and CR unless the evidence establishes that it is not possible to locate said support structure or antenna in a nonresidential district and close significant gaps or otherwise provide personal wireless communication service mandated by the terms of the applicant's federal telecommunication license. No support structure or antenna shall be permitted within two thousand (2,000) feet of any residentially used property unless the applicant can show that the denial of a permit in such a location will cause a significantly harmful and permanent degradation of service which cannot be overcome by any other means including planned or potential locations which would provide the same or similar coverage or capacity. For the purposes of this subsection, the phrase "residentially used property" shall mean the property on which the residence is located and not more than one acre of land, determined as if the residence was situated in the center of said tract. All other requirements of this chapter shall apply and must be satisfied prior to a permit being granted in these zoning districts.

B.

Height Standards. If the evidence establishes the necessity for placing a support structure or antenna within the residential districts listed in subsection A above, the height of such support structure or antenna shall be limited as follows:

1.

NR1, NR2, NR3 and NM: The maximum height for a support structure, including antennas, shall be seventy-five (75) feet.

2.

CR and TCR: The maximum height for a support structure, including antennas, shall be ninety (90) feet.

(Ord. dated 6/30/08 (part))

A.

Notice of Abandoned Antenna and Structures. The owner or lessee of a support structure or antenna shall promptly notify the department of its intent to abandon or the abandonment of any support structure or antenna.

B.

Removal of Abandoned Antennas and Support Structures. Any support structure or antenna that is not operated for a continuous period exceeding twelve (12) months shall be considered abandoned, and the owner of such antenna or support structure shall remove the structure within ninety (90) days of such abandonment. If said support structure or antenna is not removed within said ninety (90) days, the governing authority may, take such action as may be deemed necessary to remove, or cause to be removed, such antenna or support structure at the owner's expense. If there are two or more users of a single support structure, then this provision shall not become effective until all users cease utilizing the support structure.

(Ord. dated 6/30/08 (part))

Application fees for administrative approvals and for construction of new support structures shall be established by the mayor and council from time to time by resolution and may vary depending upon the height of the proposed new support structure. In addition to such application fees, the applicable construction and utility inspection permit fees in effect at the time of the application shall apply.

(Ord. dated 6/30/08 (part); Ord. of 6/1/2015(1), § 4)