The purposes of this Article shall be:

7-1-1

To provide for the appropriate location and development of tower facilities in such locations which promote public safety and general welfare and serve the residents and businesses of Whitfield County, while complying with the federal Telecommunications Act of 1996.

7-1-2

To minimize, through proper siting, screening, and design the potential for visual blight and incompatibility and the proliferation of towers and antennae.

7-1-3

To promote tower safety through proper engineering and siting.

7-1-4

To promote and maximize the shared-use or co-location of new and existing towers.

7-1-5

To encourage the use of existing structures for antenna locations as an alternative to the development of additional single use towers.

7-1-6

To accommodate the increased demand for tower facility development.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

For the purposes of this article, the following specific terms shall be defined as follows:

Alternative tower structures: Shall mean man-made structures such as clock towers, bell towers, church steeples, water towers, light poles, man-made trees, existing conforming towers, warehouses, factories, commercial buildings, multi-family buildings 50 feet or more in height and publicly-used structures, such as police and fire stations, libraries, community centers, civic centers, utilities structures, elevated roadways, bridges, flag poles, schools, hospitals, and other structures which can, from the stand point of structural integrity and engineering safety, be used for the mounting of antennae or serving a similar function as a tower, as defined hereinbelow.

Antenna: Shall mean any exterior apparatus designed for the sending and/or receiving of electromagnetic waves.

FAA: Shall mean the Federal Aviation Administration.

FCC: Shall mean the Federal Communications Commission.

Guy tower: Shall mean a tower supported, in whole or in part, by guy wire(s) and ground anchors.

Height: Shall mean the vertical distance of any tower as measured from the bottom of the base of the tower at ground level to the highest point of such tower.

Lattice tower: Shall mean a telecommunications tower not exceeding 350 feet in height and having open-framed supports on three or four sides and constructed without guy wires and ground anchors.

Monopole tower: Shall mean a telecommunications tower not exceeding 250 feet in height and constructed of a single pole, without guy wire(s) or ground anchors.

Preexisting towers and antennas: Shall mean any conforming, pre-existing tower or antenna for which a permit has been properly issued prior to the effective date of this article. Any non-conforming, pre-existing tower or antenna which sustains a casualty equaling 50 percent or more of its value shall not be reconstructed or restored unless otherwise in conformity with this article.

Tower: Shall mean any vertical structure which is designed and constructed primarily for the purpose of supporting one or more antennae, including self-supporting lattice towers, guy towers, or monopole towers. This general term includes radio, television, microwave, common carrier, P.C.S., analog, digital, cellular telephone, alternative tower structures, and the like.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

7-3-1

Towers in the C-1, C-2, C-4, M-1, and M-2 zone designations, which otherwise meet the general requirements set forth hereunder and which additionally meet the following specific conditions are a permitted use hereunder and may apply directly to the zoning administration for a permit, pursuant to section 7-6:

(a)

In addition to the setback requirements for all towers as set forth in Section 7-5-10, the proposed tower shall not be within 200 feet of any dwelling, regardless of the zoning district in which any such dwelling may be located.

(b)

With respect to the construction of a monopole tower, the proposed tower facility shall contain at least 2,500 square feet of ground area available at the tower base, so as to accommodate up to three maintenance/operation structures. With respect to the construction of either a guy tower or lattice tower, the proposed tower facility shall contain at least 6,000 square feet of ground area available at the tower base, so as to accommodate up to three maintenance/operation structures.

(c)

Any person or entity proposing to co-locate an antenna upon a pre-existing tower or either an antenna or tower upon an alternative tower structure, except where such alternative tower structure is itself a non-conforming use pursuant to its zoning classification, may apply directly to the zoning administrator for a permit.

7-3-2

Government owned property. Any person or entity proposing to locate a tower upon a lot or parcel owned, leased, or otherwise controlled by Whitfield County, the City of Dalton, the City of Varnell, or any other unit of local government, or which is owned and operated for the sole purpose of municipal use, in the pursuit of the general public safety and public welfare, may apply directly to the Whitfield County Engineer for a permit regardless of the zoning of such lot or parcel. Any unit of local government desiring to erect a tower upon its own property for its own governmental purposes need not apply to the Whitfield County Engineer or his or designee for a permit, but shall ensure that all applicable building or other safety codes are met.

7-3-3

Towers under 70 feet in height. Any person or entity proposing to locate a tower or antenna less than 70 feet in height, which is owned and operated by and for an amateur radio operator and licensed by the FCC, may apply directly to the Whitfield County Engineer or his or designee for a permit.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

7-4-1

Towers in the GA, SA, R-1, R-2, R-3, R-4, R-5, R-6 and R-7 zone designations and those in the C-1, C-1A, C-2, C-3, C-4, M-1, and M-2 zone designations which do not meet those conditions set forth in section 7-3 above are allowed only pursuant to special use approval.

7-4-2

Towers proposed to locate upon any alternative tower structure which is a non-conforming use are allowed only pursuant to special use approval.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

The location and construction of towers governed by this article shall comply with the following general requirements:

7-5-1

Construction/inspections. Towers shall be constructed and maintained in compliance with applicable building codes, industry standards, and standards for towers published by the Electronic Industries Association, as amended.

(a)

Tower owners shall conduct and be solely responsible for periodic written inspections of such towers at least every 12 months to ensure structural integrity. Such inspections shall be conducted by a structural engineer with a current license issued by the State of Georgia. The results of such inspection shall be submitted to the Whitfield County Engineer or his or designee and shall be maintained by the tower owner(s) and available for public review upon request.

(b)

If, upon a review of the results of such inspections or upon physical inspection, the Whitfield County Engineer or his or designee concludes that a tower fails to comply with such codes and standards and poses a danger to persons or property, then upon written notice thereof to the owner, the owner shall have 30 days to bring such tower into compliance. Should the owner fail to bring the tower into compliance within 30 days, Whitfield County may remove such tower at the owner's expense pursuant to O.C.G.A. § 41-2-8 through § 41-2-12.

7-5-2

Regulatory compliance. Tower owners shall provide documentation showing that each tower is in compliance with standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennae. Such evidence of compliance, which may consist of a certification by the tower owner, shall be submitted to the building inspector at least every 12 months. If such standards and regulations are changed, then the owner(s) of the towers and antennae governed by this article shall bring such tower or antennae into compliance with such revised standards and regulations as mandated by the controlling agency.

7-5-3

Security. All towers, except alternative tower structures, shall be enclosed by decay-resistant security fencing not less than six feet in height and shall be equipped with an anti-climbing device.

7-5-4

Advertising. Except for the owner's identifying name plate, including emergency telephone number(s), to be located upon the gate or security fence surrounding the tower base, advertising on towers shall be prohibited.

7-5-5

Tower lighting. Illumination is prohibited on towers, except where required by the FCC or FAA, as necessary for air traffic safety. When illumination is required, documentation shall be provided to the building inspector identifying the type of illumination required and any available alternatives. The building inspector may review alternative permissible illumination and may mandate the design causing the least disturbance to the surrounding uses and views.

7-5-6

Access. Access for maintenance vehicles shall be the right-of-way which would most minimize interference with public traffic. Proposed sites which lack frontage on a public or private road shall provide an easement at least 25 feet wide with at least 12 feet graveled or paved travel way.

7-5-7

Hazardous/volatile substances. Use of a lot by a tower shall be prohibited when another principal use, on the same lot, includes the storage, distribution, or sale of volatile, flammable, explosive or hazardous materials such as propane, gasoline, natural gas, dangerous chemicals, or hazardous waste when such materials are not part of an emergency power source for the tower facilities.

7-5-8

Maintenance/operation structures. Maintenance/operation structures adjacent to any tower facility area shall be used only to house equipment and other supplies directly in support of the tower. Such structures shall not be used for offices, vehicle storage or for any continuous human occupation. Any equipment not used in direct support of a tower site shall not be stored on the site.

7-5-9

Historic sites. Tower facilities shall not be attached to or mounted to historically significant buildings, structures, or places identified by placement upon the National Register of Historic Places, by designation as a state historical site, by designation by the governing authority, by designation by the Whitfield-Murray County Historical Society as a historic site, or as part of a locally-designated historic district.

7-5-10

Setbacks and separations. All towers shall comply with the following standards, except that existing alternative tower structures are exempt from the minimum setback and separation requirements of this section; provided, however, that such alternative tower structure must be a conforming use within the zoning district in which it is located for this setback exemption to apply as of right.

(a)

All towers, regardless of the zoning district in which such tower is proposed to be located, shall set back at least a distance equal to the height of the tower plus 15 feet or 200 total feet, whichever is less, from any dwelling, GA, SA, R-1, R-2, R-3, R-4, R-5, R-6, or R7 zoning district line, or public property, regardless of whether such distance shall cross any public or private right-of-way or roadway. This requirement shall be in addition to but concurrent with all other setbacks required by the zoning district in which a proposed tower is to be located.

(b)

All towers and maintenance/operation structures (including guy wires) shall comply with the setbacks as required by the zoning district in which the tower is to be located.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

7-6-1

Tower sites shall be landscaped with a buffer of plant materials such that the view of the base of the tower is screened from any public rights-of-way, public property, and any GA, SA, R-1, R-2, R-3, R-4, R-5, R-6, or R-7 zoned property.

7-6-2

In locations where the visual impact of the tower would be minimal, this landscaping requirement may be reduced or waived altogether by the board of zoning appeals.

7-6-3

Existing mature growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as when towers are sited upon large, wooded lots, natural growth around the perimeter of the property may be sufficient if so determined by the board of zoning appeals.

7-6-4

In buffer construction, native vegetation shall be preserved to the fullest extent possible.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

7-7-1

Towers shall maintain a galvanized matte steel finish or be painted a neutral, earth-toned color, unless otherwise required by the FAA.

7-7-2

The design of maintenance/operation buildings and/or accessory structures at the tower site shall use materials, colors, textures, screening, and landscaping which create the greatest level of compatibility with the natural environment and existing land use patterns.

7-7-3

Antennae installed on an alternative tower structure and supporting electrical and mechanical equipment shall be of a neutral color which is similar to or complements the color of the alternative tower structure.

7-7-4

Tower antennae shall be designed to be visually compatible with the exterior of the alternative tower structure to which they are to be attached.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

New tower sites may not be permitted if there is technically and commercially reasonable space available for shared use/co-location on a conforming pre-existing tower.

7-8-1

The application for a permit to develop a tower shall demonstrate that no existing tower or alternative tower structure can accommodate the proposed antenna. Evidence submitted to demonstrate that no existing tower or alternative tower structure can accommodate the proposed antenna shall consist of the following:

(a)

Certification that no existing tower or alternative tower structures are located within the geographic area necessary to meet the applicant's engineering requirements.

(b)

Certification that existing tower or alternative tower structures have insufficient height and cannot be modified to accommodate the applicant's engineering requirements.

(c)

Certification that existing tower or alternative tower structures do not have sufficient integrity or strength and cannot be modified to support the proposed antenna and related equipment.

(d)

Certification that the proposed antenna would cause interference with the antenna on the existing tower or alternative tower structure, or that the antenna on the existing tower or alternative tower structure would cause interference with the applicant's proposed antenna.

(e)

Certification that the fees, costs, or contractual provisions required by the owner in order to share an existing tower or alternative tower structure or to adapt an existing tower or alternative tower structure for sharing unreasonably exceed market costs.

(f)

The applicant demonstrates that there are other objective limitations which render existing towers unsuitable.

7-8-2

Permit applicants for towers shall certify and demonstrate their intent to allow the shared use of such facilities with other tower apparatus which does not interfere with the primary purpose of the tower or such applicant shall document that the reserved space on the tower is to fulfill the owner's future needs. All applicants shall identify how the applicant will make available such shared use/co-location.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

Application for a permit for any tower, antenna, or use of an alternative tower structure shall be made to the zoning administrator. All applicants, whether exempt from further review or whether special use approval is necessary hereunder, shall complete an application in accordance with this section. If the permit application is not exempt from further review and if special use approval is required, the permit application and special use application shall be forwarded to the planning commission and, thereafter, to the governing authority for special use review. If the special use is approved, the permit application may then be presented to the chief building official for review. Incomplete applications shall not be considered. A complete permit application shall contain, in addition to the information contained upon every application for a building permit in Whitfield County, the following information specifically relating to towers:

7-9-1

Inventory of existing towers. An inventory of the applicant's existing towers which are either within Whitfield County, including all municipal corporations located therein and including areas within one-half mile of the border thereof, including the specific locations, heights, and designs of each such tower.

7-9-2

A description of the proposed tower's area of service.

7-9-3

Photo simulations or renderings of the proposed tower illustrating the potential visual impact, for special use review only. For towers exempt from further review, this section shall be satisfied by photos or drawings of similar towers.

7-9-4

A site plan or plans to scale specifying the proposed location and dimensions of tower(s,) size of maintenance/operation buildings or uses, access, parking, fences, landscape plans, existing and adjacent land uses.

7-9-5

A site plan for alternative tower structures shall show adjacent rights-of-way, buildings, and structures, including the structure's height and dimensions, proposed antenna location on the structure or building and adjacent land uses.

7-9-6

A report from a professional engineer, currently licensed in Georgia, documenting the following information:

(a)

Tower height and design, including technical, engineering, economic, and other pertinent data and/or factors governing the proposed tower design.

(b)

Total anticipated capacity of the structure, including number and types of antennae which can be accommodated.

(c)

Evidence of structural integrity of the tower structure.

(d)

Failure characteristics of the tower and demonstration that the site, setbacks, and separation from other uses are of adequate size or distance to protect the safety of the general public and of all nearby landowners.

7-9-7

A written statement from the owner of the tower certifying that the proposed tower site complies with regulations administered by the FAA and FCC, or stating that the tower is exempted from these regulations.

7-9-8

Evidence of compliance with the co-location requirements set forth herein.

7-9-9

If the proposed tower is to be located upon property owned by any unit of local government pursuant to section 7-3-2, then the applicant shall file either a copy of the lease agreement or other written certification or agreement from such unit of local government that such applicant has the permission of the land owner for the proposed tower facility project.

7-9-10

Any additional information which may be reasonably requested by the Whitfield County Engineer, chief building official, zoning administrator, planning commission, or governing authority, in order to evaluate fully and to review the proposed tower site and the potential impact of a proposed tower and/or antenna.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

Any tower found to be abandoned and not in compliance with these regulations, or found to constitute a danger to persons or property, shall, upon written notice by the Whitfield County Engineer or his or her designee to the owner(s) of such tower, be brought into compliance or removed within 30 days. Any tower or antenna not operated for a continuous period of 12 months shall be considered abandoned and the owner of such tower or antenna shall remove the same within 30 days of receipt of written notice.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)