Any structure hereafter erected or altered shall comply with the height limitations of the district in which it is located except as specified below.

(1)

Churches, schools, hospitals, sanitariums and other public and semi-public and public utility buildings. There shall be no restrictions on the height of these buildings.

(2)

Barns, silos or other farm structures when located on farms; belfries, cupolas and domes, monuments; water towers; transmission towers; windmills, chimneys; smokestacks; flag poles; radio towers; mast and aerials.

(3)

All structures within airport takeoff, approach, or landing zones shall conform to provisions of this chapter relating to the DeKalb-Peachtree Airport.

Any building, structure or use hereafter erected, altered or established shall comply with the yard space requirements of the district in which it is located except as specified below. The required yard space for any building, structure, or use shall be contained on the same lot as the building, structure or use and such required yard space shall fall entirely upon land in a district or districts in which the principal use is permitted.

(1)

Average setback. When a lot is located within a block where sixty (60) percent or more of the lots within said block have been developed, and where there are existing buildings fronting on the same street and within the same zoning district within seventy-five (75) feet of the side lot lines of such vacant lot, then front yard setback averaging shall be required. The maximum required building setback line for said vacant lot shall be determined by averaging the existing building setbacks of buildings within seventy-five (75) feet of the side lot lines of such vacant lot. The maximum front yard setback for additions to the existing structures may be the average of the existing setbacks. The minimum front yard setback shall be five (5) feet.

(2)

If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

(3)

In the case of a double frontage lot, the minimum front yard shall be provided on each fronting street.

(Ord. No. 2014-04, § 1, 3-3-14)

Fences, walls, hedges, and other continuous screenings shall be permitted in all zoning districts subject to the following limitations:

(a)

Except in districts allowing the construction of buildings or structures to the property line, there shall be provided an unobstructed view across the triangle formed by joining points measured twenty (20) feet distant along the property line from the intersection of two (2) streets or fifteen (15) feet along both the street and alley line from the intersection of a street and an alley. Within said triangle there shall be no sight obscuring wall, fence, or foliage higher than thirty (30) inches above grade or in the case of trees, foliage lower than eight (8) feet. Vertical measurement shall be made at the top of the curb on the street or alley adjacent to the nearest side of the triangle or if no curb exists, from the edge of the nearest traveled way.

(b)

Heights of fences, walls, hedges, and other continuous screenings shall be measured from the adjacent top of the street curb, surface of an alley or the official established grade thereof, whichever is the higher. On inside lot lines the measurement shall be from the average grade of the lot line of the parcel or property having the lower elevation.

(c)

No fence or freestanding wall other than a retaining wall shall be more than eight (8) feet in height in a residential use or district in a side or rear yard. Fences located in required front yards shall not be located in the right-of-way, shall not be sight-obscuring, and shall have a maximum height of four (4) feet.

(d)

In commercial, mixed use, or industrial zoning uses or districts, fences may not exceed eight (8) feet in height in the side or rear of the property, and may not be located in the front yards.

(e)

The City Council may recommend, or may direct as a condition for granting approval, that fences, walls, or plantings of a height in excess of these regulations be placed as shielding between different uses, between structures and the public rights-of-way, or between like uses upon agreement between the parties affected thereby, provided that no such approval shall have the effect of reducing corner visibility as provided for herein.

(f)

No barbed wire, razor wire, or electric fences shall be erected or maintained in any zoning district within the City except the M-1 and M-2 industrial zoning districts.

(1)

"Barbed wire" or "razor wire" fence shall include any wire fence which is outfitted with, or designed to incorporate wire barbs, prongs, razors, or other sharp or cutting projections along the wire portion of the fence.

(2)

"Electric fence" means a fence through which an electric current can be passed which is intended to produce an electric shock on contact.

(g)

Fence foundations and frames shall be on the interior facing of the fence only.

(h)

Fencing surrounding swimming pools shall be subject to the provisions of the International Swimming Pool and Spa Code, as adopted and amended by the State of Georgia.

(Ord. No. 2019-007, §§ 1, 2, 3-18-19; Ord. No. 2023-31 (A-23-10), § 1, 10-16-23)

A temporary building or buildings such as a construction trailer, dumpster, portable toilet, and storage containers in connection with a construction project shall be permitted on the land of the project only during the active construction period during which the occupant has received and maintains a permit from the City. No temporary building or buildings shall be used as a dwelling unit. No temporary building or buildings shall house a business in lieu of permanent construction. The City of Doraville shall not issue an occupational tax certificate to a temporary building or buildings unless a construction trailer for a licensed contractor performing work on the development site during the duration of development work performed. Temporary building(s) related to development shall be removed at the release of the final certificate of occupancy of the project and shall be maintained for health and sanitation throughout their duration. Temporary building(s) used in conjunction with a project shall require a separate building permit from the City but shall not normally observe customary building setbacks and location restrictions provided they are a minimum of ten (10) feet from any right-of-way and not located within a dedicated easement, floodplain, stream bank buffer, transitional zoning buffer, landscape strip, right-of-way, and/or interfere with traffic flow on the development site. Notwithstanding the foregoing, portable toilets shall observe customary building setback guidelines and to the extent possible shall not be visible from a public right-of-way unless placed fifty (50) feet or more from a right-of-way.

(Ord. No. 2010-27, § 1, 9-27-10)

(a)

Every part of a required yard shall be open to the sky and unobstructed except for ordinary projections of sills, belt courses, cornices, eaves, buttresses, and other ornamental and architectural features, provided, however, that these features do not project more than two (2) feet into any required yard or easement. Cantilevered architectural features such as bay or box windows, chimneys and stairs shall not project into any required yard or easement.

(b)

Wooden decks and masonry stoops, balconies, and other similar abutments which are attached to a structure, whether uncovered or covered with a roof or other structure, shall be considered a leading edge of the structure and shall comply with the applicable yard setback requirement(s).

(c)

All structures in existence on December 31, 2010, shall be exempt from subsections (a) and (b) above.

(Ord. No. 2010-33, § 1, 12-13-10)

(a)

Definitions: As used in this chapter, the following terms shall have the meanings indicted:

• (Accessory) equipment shall mean any equipment serving or being used in conjunction with any tower, small cell technology or small cell technology wireless support structures and includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

• Alternative design telecommunication support structure shall mean telecommunication support structures designed to resemble clock towers, bell steeples, church steeples, light standards, trees, or similar alternative-design mounting structures that camouflage or conceal the presence of antennas and/or telecommunication support structures. An alternative design telecommunication support structure may include a pre-existing building.

• Antenna shall mean any equipment designed for wireless telecommunication, radio, or television communications through the sending and/or receiving of electromagnetic waves or beams of visible or invisible light and radio signals used in the provision of all types of telecommunication services, including standalone equipment and equipment affixed to or proposed to be affixed to existing telecommunication support structures and/or authorized alternative design telecommunication support structures.

• Applicant shall mean a person or entity with an application for the permit for the erection of, modification of, or collocation of telecommunication facilities in the City, whether located on private lands or in a public right-of-way. For purposes of this section, this term shall include any co-applicant or party with an ownership interest in a proposed or affected existing telecommunication facility, including, but not limited to, property owners, telecommunication support structure owners, and any proposed tenants for the facility.

• Application shall mean a formal request submitted to the City to construct a telecommunications wireless support structure, small cell technology wireless support structure or collocated antenna. An application shall be deemed complete when all documents, information, and fees specifically enumerated in the City's regulations, ordinances and forms pertaining to the location, construction or operation of wireless facilities are submitted by the applicant to the City.

• Collocation shall mean the placement or installation of a new antenna, including new small cell wireless technology on the property of a legally existing tower, building or alternative design telecommunication support structure, or, if on a right-of-way, that of a utility or other franchisee legally existing in the public right-of-way. Such term includes the placement of accessory equipment within an existing equipment compound.

• Commission shall mean the Georgia Public Service Commission.

• Decorative pole shall mean a pole owned by the City of Doraville that is specially designed and placed for aesthetic purposes.

• Equipment compound shall mean an area surrounding or adjacent to the base of a telecommunication wireless support structure within which accessory equipment is located.

• FAA shall mean the Federal Aviation Administration.

• FCC shall mean the Federal Communication Council.

• Governing authority shall mean the governing authority of the City.

• Pre-existing towers and antennas shall have the meaning set forth in subsection (b)(4) of this section.

• Geographic search area shall mean the geographic area within which the placement of accessory equipment is necessary to meet the engineering requirements of an applicant's cellular network or other broadcasting need.

• Height shall mean, when referring to a telecommunication wireless support structure or other structure, the distance measured from ground level to the highest point on the telecommunication wireless support structure or alternative design telecommunication support structure, even if said highest point is an antenna or lightning rod.

• Micro wireless facility shall mean a small wireless technology not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height that has an exterior antenna, if any, no longer than eleven (11) inches.

• Modification or modify shall mean the change, or proposed change, of any portion of an existing telecommunication facility from its description as previously approved by the City, including improvements, upgrades, expansions, or the replacement of any existing telecommunication equipment, conduit, or infrastructure apparatus, provided such improvement, upgrade, expansion, or replacement does not increase the height of the telecommunication wireless support structure.

• Pole shall mean a vertical pole, such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal or other material that is lawfully located or to be located within a right-of-way, including without limitation a replacement pole and an authority pole. Such term shall not include any other telecommunication wireless support structure or alternative design telecommunication wireless support structure, as otherwise defined herein, decorative pole, or electric transmission structure.

• Provider shall mean any legal entity authorized and/or engaged in the provision of telecommunication services.

• Public officer as used in O.C.G.A. § 41-2-17 shall mean the City Manager and/or Chief Building Inspector of the City.

• Roof antennas shall mean any antenna equipment located on the rooftop of existing buildings that meets the following conditions:

(1)

Roof antennas and related equipment and structures shall not exceed the minimum height necessary to accomplish their intended function, but under no circumstances shall they extend more than ten (10) feet above the height of the supporting structure upon which the roof antenna is attached or affixed.

(2)

Roof antennas and related equipment and structures shall be painted in a color scheme identical to or closely compatible with the color of the supporting structure upon which the roof antenna is attached or affixed, and in such a manner as to make the antenna and related equipment and structures as visually unobtrusive as possible.

• Small cell technology shall mean an antenna facility that meets the following conditions:

(1)

Mounted on structures fifty (50) feet or less in height, including their antennas; or

(2)

Mounted on structures no more than ten (10) percent taller than other adjacent structures: or

(3)

Do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten (10) percent, whichever is greater;

AND

(4)

Each antenna, excluding associated equipment, is no more than three (3) cubic feet in volume; and

(5)

All wireless equipment associated with the structure, including any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume.

• Small cell wireless support structure shall mean a free-standing wireless support structure, designed to support or capable of supporting small cell technology wireless facilities.

• Stealth technology shall mean a method of concealing or reducing the visual impact of telecommunication wireless support structures, including small cell wireless support structures, antennas and small cell technology, by use of incorporating features or design elements of the installation which either totally or partially conceals the structure; achieves the result of having the structure blend into the surrounding environment; or otherwise minimizes the visual impact of the structure.

• Telecommunication facility or facilities shall mean any physical component utilized in the provision of all types of telecommunications services, including all telecommunication wireless support structures. Alternative design telecommunication support structures, antennas, equipment, infrastructure apparatus, base support mechanism, accessory equipment, towers, monopoles, small cell installations, and physical attachments necessary for the provision of such telecommunications services.

• Telecommunication facility owner shall mean any person or entity that directly or indirectly owns, controls, operates, or manages telecommunications facilities, including any related equipment or property within the City, used or to be used for the purpose of offering or transmitting signals used in the provision of any telecommunication services.

• Telecommunications service(s) shall mean the transmittal of voice, data, image, graphic, and video programming between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or other facilities. This term shall include commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange services as identified in the Telecommunications Act of 1996.

• Telecommunication wireless support structure shall mean any freestanding structure that is designed to support or capable of supporting and constructed primarily for the purpose of supporting telecommunication equipment; this term shall include self-supporting, guyed, and monopole support structures. The term includes, and is not limited to, radio and television transmission telecommunication support structures, microwave telecommunication support structures, common-carrier telecommunication support structures, cellular telecommunication support structures, alternative design telecommunication support structures, and other similar structures. In the public rights-of-way, only telecommunication wireless support structures erected for the installation of small cells shall be permitted.

(b)

Applicability:

(1)

District height limitations: The requirements set forth in this section shall govern the location of towers that exceed, and antennas that are installed at a height in excess of the height limitations specified for each zoning district, but the excess shall not exceed from the requirements of this section, provided a license or lease authorizing such antenna or tower has been approved by the governing authority.

(2)

Public property: Antennas or cell towers located on property owned, leased, or otherwise controlled by the governing authority, except rights-of-way, shall be exempt from the requirements of this ordinance, provided a license or lease authorizing such antenna or cell tower has been approved by the governing authority.

(3)

Amateur radio: Receive-only antenna: This section shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

(4)

Pre-existing towers and antennas: This section shall apply with respect to any subsequent changes, modifications, collocations or replacements to a pre-existing cell tower or antenna. Any such cell towers or antennas shall be referred to in this section as "pre-existing towers" or "pre-existing antennas."

(c)

General guidelines and requirements:

(1)

Purpose: Goals: The purpose of this section is to establish guidelines for the sitting of towers and antennas. The goals of this chapter are to:

(i)

Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;

(ii)

Encourage strongly the joint use of new and existing tower sites;

(iii)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(iv)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and

(v)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.

(2)

Principal or accessory use: Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the small lot shall not preclude the installation of an antenna or tower on such lot. 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. Towers 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. The lot upon which antennas and towers shall be is a lot which contains not less than five hundred (500) square feet and the same shall be fenced or otherwise secured in a manner acceptable to the Mayor and Council.

(3)

Inventory of existing sites: Each applicant for any new antenna, including small cell technology, and/or telecommunication wireless support structure, shall provide to the mayor and council an inventory of its existing towers that are either within the jurisdiction of the governing authority or within one-quarter mile of the border thereof, including specific information about the location, height, and design of each tower. The Mayor and Council may share such information with other applicants applying for administrative approvals or variances or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the governing authority, provided however, that the Mayor and Council is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(4)

Aesthetics and lighting: The guidelines set forth in this subsection shall govern the location of all towers, and the installation of all antennas, governed by this section; provided, however, that the governing authority may waive the requirements if it determines that the goals of this ordinance are better served thereby:

a.

Telecommunication wireless support structures, antennas and related equipment shall be painted in a neutral color identical to or closely compatible with the surroundings, and in such a manner as to make the structures, antenna and related equipment as visually unobtrusive as possible.

b.

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

c.

If an antenna is installed on a structure other than a telecommunication wireless support structure, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

d.

Telecommunication wireless support structures shall not be artificially lighted, unless required by the FAA or other applicable authority. If 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)

Federal requirements: All telecommunication wireless 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 towers and antennas. If such standards and regulations are changed, to provide for new standards of safety or design geared towards increasing safety, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency, and so long as this requirement does not conflict with the provisions of the new standards and regulations. Failure to bring telecommunication wireless support structures and antennas into compliance with such revised standards and regulations shall constitute a violation of this section and grounds for enforcement of this section by all available means as authorized under federal, state or local law.

(6)

Building codes: Safety standards: To ensure the structural integrity of cell towers, the owner of a cell tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If upon inspection, the City concludes that a cell tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the structure, the owner shall have thirty (30) days to bring such structure into compliance with such standards. If the owner fails to bring such structure into compliance within said thirty (30) days, the City shall enforce this subsection by all available means as authorized by federal, state or local law.

(7)

Distance restrictions: With the exception of small cell technology wireless support structures in the right-of-way, no cell tower shall be located closer than six hundred twenty-five (625) feet from any other cell tower as measured by a straight line between the two (2) structures.

(8)

Application submittals: Applications for administrative permit, administrative variance or special use permit in accordance with this section shall include, but not be limited to:

a.

For applications on private property:

1.

Survey plat of subject property, prepared within the last ten (10) years by a professional engineer or land surveyor registered in the state, which shall indicate the boundaries of the subject property and all buildings existing thereon, include a notation of the total acreage or square footage of the property, the proposed location of wireless antenna and/or telecommunication wireless support structure and accessory equipment, including width, height, and other necessary dimensions of the existing and/or proposed infrastructure.

2.

Name, mailing address, e-mail address and phone number of all owners of the property which is the subject of the application.

3.

A lease agreement with and signed and notarized affidavit of all owners of the subject property authorizing the filing of the application and, where applicable, the signed and notarized affidavit of the owner of the subject property authorizing an applicant or agent to act on their behalf in the filing of the application. The application shall also contain a mailing address, an e-mail address and phone number of any applicant or agent who is authorized to represent the owner of the subject property.

4.

Written legal description of the property.

5.

Statement of the current zoning classification of the property and any conditions thereon.

b.

For applications on right-of-way:

1.

The applicant's name, address, telephone number, and email address, including emergency contact information;

2.

The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application;

3.

A general description of the proposed work and the purposes and intent of the proposed facility. The scope and detail of such description shall be appropriate to the nature and character of the physical work to be performed, with special emphasis on those matters likely to be affected or impacted by the physical work proposed;

4.

Detailed construction drawings regarding the proposed use of the right-of-way;

5.

To the extent the proposed installation involves co-location on a pole, decorative pole, or support structure, a structural report performed by a duly licensed engineer evidencing that the pole, decorative pole, or support structure will structurally support the co-location, or that the pole, decorative pole, or support structure may and will be modified to meet structural requirements, in accordance with applicable codes;

6.

Visual depictions or representations if such are not included in the construction drawings;

7.

Information indicating the horizontal and approximate vertical location, relative to the boundaries of the right-of-way, of the small wireless installation for which the application is being submitted;

8.

If the application is for the installation of a new pole or decorative pole, a certification that the applicant has determined, after diligent investigation, that it cannot meet the service objectives of the permit by co-locating on an existing pole or support structure on which:

(i)

The applicant has the right to co-locate subject to reasonable terms and conditions; and

(ii)

Such co-location would not impose technical limitations or significant additional costs.

The applicant shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and shall provide a written summary of the basis for such determination;

9.

A certification that the applicant has permission from the owner to co-located on the structure or pole;

10.

If the applicant is not provider of wireless services, a certification that a wireless service provider has requested in writing that the applicant co-locate the small wireless technology or install, modify, or replace the pole or decorative pole at the requested location.

c.

For all applications:

1.

A rendering, in color, of what the proposed support infrastructure and/or antenna will look like on the support infrastructure.

2.

Evidence showing how the application meets all the applicable factors as required by this section.

d.

Any material change to information contained in an application shall be submitted in writing to the City within thirty (30) days after the events necessitating the change. Failure to do so shall be a violation of this section.

(9)

Permit required: A permit shall be required for the construction, modification or alteration of or the addition to any telecommunication wireless support structure or antenna.

(d)

Permitted uses:

(1)

General: The uses listed in this subsection (d) are deemed to be permitted uses and shall not require a special use permit or administrative variance. Nevertheless, any such use must still file an application with the Community Development Director for an administrative permit to review the criteria of this subsection and subsections (c)(4), (c)(5), and (c)(6) of this section and all other applicable ordinances. With the exception of collocation on already existing structures or location of small cell technology wireless support structures in the right-of-way, telecommunications antennas and cell towers shall not be permitted in any residential zoning category within the City of Doraville.

(2)

Specific permitted uses:

a.

Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any M-1 and M-2 zoning district; provided, however, that such tower shall be set back from any existing off-site residence a distance of not less than five hundred (500) feet from the property line of such residence;

b.

Collocating an antenna on an existing alternative design telecommunication support structure other than a traditional cell tower (such as a building sign, light pole, water tower, or other free-standing structure), on private property, so long as it meets the following requirements:

1.

Installation does not increase height of structure by more than ten (10) percent or ten (10) feet (right-of-way)/twenty (20) feet (private property), whichever is greater, as measured from top of structure as it existed as of October 1, 2012;

2.

Any added appurtenances do not protrude from body of structure more than six (6) feet in width (right-of-way) or twenty (20) feet in width (private property);

3.

If it does not involve installing more than the standard number of cabinets for the technology involved, not to exceed four (4) cabinets (private property); if it does not involve installation of any cabinets if there are no pre-existing cabinets, or does not involve installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other associated ground cabinets (right-of-way);

4.

Does not involve excavation or deployment outside the current "site." "Site" shall be defined as the current boundaries of the leased or owned property surrounding the structure and any access or utility easements (private property) or the area in proximity to the structure and other transmission equipment already deployed on the ground (right-of-way);

5.

For concealed or stealth-designed facilities, if a modification would not defeat the concealment elements of the telecommunication wireless support structure or base station; and

6.

The modification would comply with other conditions imposed on the applicable telecommunication wireless support structure or base station.

c.

Each applicant for a permit to install small cell technology on private property shall pay five hundred dollars ($500.00) for up to five (5) sites submitted concurrently and an additional one hundred dollars ($100.00) per site for each additional site submitted concurrently.

d.

Each applicant for a permit for non-small cell technology installations, shall pay a nonrefundable filing fee of five hundred dollars ($500.00) for each site.

(e)

Administrative permits:

(1)

General:

a.

The Community Development Director may administratively approve the uses listed in this subsection (e).

b.

Each applicant for administrative approval shall apply to the Community Development Director, providing the information set forth in subsections (f)(2) and (f)(4) of this section.

c.

For non-small cell technology installations, the Community Development Director shall have thirty (30) days in which to review the application for completeness in accordance with the requirements of this section, the Federal Telecommunications Act and any applicable state law. If the application is found to be incomplete, the Community Development Director shall state so in writing to the applicant, detailing the specific Code section, statute or provision of federal law under which that determination was made. Upon the issuance of the written notice, the required federal and/or state decision clock shall be tolled until such time as an updated application is filed.

d.

For small cell technology installations on private property, the Community Development Director shall notify an applicant submitting an application of any identified deficiencies therein within ten (10) calendar days of receipt of such an application. If the Community Development Director determines an application is not complete, he shall notify the applicant in writing of said deficiencies. Upon resubmission of the application, the initial ten-day period shall not be counted towards the review period defined herein. The Community Development Director shall have an additional ten (10) calendar days to notify applicant of any other deficiencies in the re-submitted application. To the extent additional information is required after resubmission, the time required for an applicant to provide such information shall not be counted toward the review period set forth herein. If the application remains incomplete after the second resubmission, said incompleteness may serve as valid reason for denial of the application.

e.

In connection with an administrative permit application for a new telecommunication wireless support structure, the Community Development Director may, in order to encourage shared use, administratively waive any zoning district setback requirements by up to fifty (50) percent for shared use towers only.

f.

If an administrative approval is denied, the applicant may appeal said denial in accordance with the provisions of the zoning ordinance concerning appeals of administrative decisions.

(2)

Specific uses subject to administrative permit: The following uses require an administrative permit:

a.

Collocating an antenna on an existing telecommunication wireless support structure, so long as such collocation complies with the requirements of subsection (d)(2)b of this section or is an application for collocation of small cell technology on private property. Pursuant to the requirements of the Federal Telecommunications Act, Section 6409, said administrative permit must be issued or denied within sixty (60) days after the filing of an application therefor. If such decision is not issued in writing within said sixty-day period (subject to the tolling provisions of incomplete applications), said administrative permit shall be deemed to be approved.

b.

Collocating an antenna on an existing wireless support structure that does not comply with the requirements of subsection (d)(2)b or is a new small cell technology installation on private property. In reviewing the application for this type of collocation, the Community Development Director shall have the authority to assess the location(s) applied for and condition the approval on reasonably alleviating certain aesthetic and safety concerns of the request. Pursuant to the requirements of Georgia State Law BILD Act, said administrative permit must be issued or denied within ninety (90) days after the filing of an application therefor. If such decision is not issued in writing within said ninety-day period (subject to the tolling provisions of incomplete applications), said administrative permit shall be deemed to be approved.

(f)

Special use permits:

(1)

General: The following provisions shall govern the issuance of special use permits:

a.

If the telecommunication wireless support structure is not permitted to be approved administratively pursuant to subsection (e) of this section, or is in the right-of-way, then a special use permit shall be required for the construction of a new telecommunication wireless support structure or alternative design telecommunication support structure (that is not a collocation on a building) in all zoning districts.

b.

In granting a special use permit, the governing authority may impose conditions to the extent the governing authority concludes such conditions are necessary to minimize any adverse effect of the proposed telecommunication wireless support structure or alternative design telecommunication support structure on adjoining properties.

c.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer.

(2)

Information requested: Each applicant shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the governing authority to be necessary to assess compliance with this section.

(3)

Factors considered in granting special use permits: The governing authority shall consider the following factors in determining whether to issue a special use permit, although the governing authority may waive or reduce the burden on the applicant of one (1) or more of these criteria if the governing authority concludes that the goals of this section are better served thereby.

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries, schools, and daycare facilities;

c.

Name of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress;

h.

Availability of suitable existing towers and other structures as discussed in subsection (f)(4) of this section; and

i.

Each applicant for a special use permit shall pay a nonrefundable filing fee in addition to any other fees required by the Doraville Zoning Ordinance. Refer to the fee schedule.

(4)

Availability of suitable existing structures: No new telecommunication wireless support structure shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing structure can accommodate the applicant's proposed antenna installation. Evidence submitted to demonstrate that no existing structure can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing structures are located within the geographic area required to meet applicant's engineering requirements.

b.

Existing structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing structures, or the antenna on the existing structures would cause interference with the applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing structure or to adapt an existing structure for collocation are unreasonable. Costs exceeding new telecommunication wireless support structure development are presumed to be unreasonable.

f.

The applicant demonstrates that there are other limiting factors that render existing structures unsuitable.

(5)

Setbacks and separation: The following setbacks and separation requirements shall apply to all telecommunication wireless support structures and antennas for which a special use permit is required; provided, however, that the governing authority may reduce the standard setbacks and separation requirements if the goals of this section would be better served thereby.

a.

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

b.

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

c.

In zoning districts other than industrial or heavy commercial zoning districts, towers over ninety (90) feet in height shall not be located within one-quarter (¼) of a mile from any existing tower that is over ninety (90) feet in height.

(6)

Security fencing: Telecommunication wireless support structures on private property shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the governing authority may waive such requirements, as it deems appropriate.

(7)

Landscaping: The following requirements shall govern the landscaping surrounding telecommunication wireless support structures for which a special use permit is required; provided, however, that the governing authority may waive such requirements if the goals of this section would be better served thereby.

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.

b.

In locations where the visual impact of the tower would be minimal, the landscaping requirements may be reduced or waived altogether.

c.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large wooded lots, natural growth around the property perimeter may be a sufficient buffer.

(8)

Within one hundred fifty (150) calendar days of the date of the application for an administrative permit for a new telecommunication wireless support structure or a special use permit, unless another date is specified in a written agreement between the City and the applicant, the Community Development Director or the City Council shall:

a.

Make their final decision to approve or disapprove the application (with or without conditions); and

b.

Advise the applicant in writing of the final decision including the specific reason(s) for said decision based on the applicable factors in this section.

(g)

Removal of abandoned antennas and telecommunication wireless support structures: Any antenna or telecommunication wireless support structure utilized only for the placement of an antenna that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or structure, or owner of the land upon which such antenna or structure is located, shall remove same within ninety (90) days of receipt of notice from the governing authority notifying the owner of such abandonment. If such abandoned antenna or structure is not removed within said ninety (90) days, the City may enforce this subsection by all available legal means as authorized by the City Code, and not prohibited by state or federal law, including removal of the structure at the owner's expense with an additional assessed fine of five hundred dollars ($500.00). Until the owner pays said expense and penalty, the owner shall not be entitled to apply for, or receive, any future permits under this section. If there are two (2) or more users of a single structure, then this provision shall not become effective until all users cease using the structure.

(h)

Administrative variance for small cell technology antenna and/or telecommunication support structure in the right-of-way: If an applicant desires to construct a new telecommunication wireless support structure for installation of small cell technology, or collocate small cell technology on an existing telecommunication wireless support structure or alternative design telecommunication support structure in the right-of-way, the applicant must file an application for an administrative variance with the City Manager. Each applicant for an administrative variance shall pay a nonrefundable filing fee in addition to any other fees required by the Doraville Zoning Ordinance. Refer to the fee schedule. In applying for a small cell technology wireless support structure and/or antenna in the right-of-way, the application for same shall contain the following:

(1)

The applicant's name, address, telephone number, and email address, including emergency contact information;

(2)

The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application.

(3)

A general description of the proposed work and the purposes and intent of the proposed facility. The scope and detail of such description shall be appropriate to the nature and character of the physical work to be performed, with special emphasis on those matters likely to be affected or impacted by the physical work proposed.

(4)

Detailed construction drawings regarding the proposed use of the right-of-way.

(5)

To the extent the proposed installation involves co-location on a pole, decorative pole, or telecommunications wireless support structure, a structural report performed by a duly licensed engineer evidencing that the pole, decorative pole, or telecommunications wireless support structure will structurally support the co-location, or that the pole, decorative pole, or telecommunications wireless support structure may and will be modified to meet structural requirements, in accordance with applicable codes.

(6)

Visual depictions or representations if such are not included in the construction drawings.

(7)

Information indicating the horizontal and approximate vertical location, relative to the boundaries of the right-of-way, of the small wireless installation for which the application is being submitted.

(8)

If the application is for the installation of a new pole or decorative pole, a certification that the applicant has determined, after diligent investigation, that it cannot meet the service objectives of the permit by co-locating on an existing pole or telecommunication wireless support structure on which:

(i)

The applicant has the right to co-locate subject to reasonable terms and conditions; and

(ii)

Such co-location would not impose technical limitations or significant additional costs.

The applicant shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and shall provide a written summary of the basis for such determination.

(9)

A certification that the applicant has permission from the owner to co-located on the structure or pole.

(10)

If the applicant is not provider of wireless services, a certification that a wireless service provider has requested in writing that the applicant co-locate the small wireless installation or install, modify, or replace the pole or decorative pole at the requested location.

Any material change to information contained in an application shall be submitted in writing to the City Manager within thirty (30) days after the events necessitating the change. Failure to do so shall be a violation of this section.

(i)

Within twenty (20) days of receipt of a written administrative variance application pursuant, the City Manager shall:

(1)

Notify the applicant in writing of the commencement and completion dates of any widening, repair, reconstruction, or relocation of the applicable right-of-way that is scheduled to commence, or is anticipated in good faith to commence, within twenty-four (24) months after the application is filed;

(2)

Notify the applicant of any aspect of the application that appears to be grounds for the denial of the application pursuant to this article; and

(3)

Determine whether the application is complete and inform the applicant of his determination in writing.

If the application is deemed incomplete, the City Manager shall specifically identify in writing all missing information within such twenty-day period. If notified of incompleteness, the applicant may submit such missing information within twenty (20) days of the receipt of the notification from the City Manager, and, upon resubmission, any subsequent review for completeness shall be limited to the previously missing information. If the application remains incomplete or is materially changed other than to address the missing information, the City Manager shall notify the applicant of such within ten (10) days of the resubmission and such notice shall constitute an official denial of the application.

(j)

Within thirty (30) days of the City Manager's written determination that the administrative variance application is complete, or upon it becoming complete by operation of law twenty (20) days after submission, for a co-location, and within seventy (70) days for installation, modification or replacement of a pole or decorative pole, the City Manager shall make the determination whether to approve or deny the application. A decision to deny the application shall be in writing, shall identify the reasons for denial, and shall identify the provision(s) of this section on which the denial was based. If the City Manager fails to act on an application within the review period provided in this section, the applicant may provide the City written notice that the time period for acting has lapsed, and the City Manager shall then have twenty (20) days after receipt of said notice to render a written decision. If the City Manager does not act within that additional twenty (20) days, the application shall be deemed to be approved by operation of law.

(k)

The City Manager or designee shall approve the administrative variance application unless the small wireless technology installation in the right-of-way:

(1)

Interferes with the operation of traffic control equipment;

(2)

Interferes with the sight lines or clear zones for transportation or pedestrians;

(3)

Fails to comply with the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., or similar laws of general applicability regarding pedestrian access or movement;

(4)

Requests that ground-mounted equipment be located more than seven and one-half (7.5) feet in radial circumference from the base of the pole, decorative pole, or support structure to which the antenna would be attached, provided that this shall not serve as reason for denial if the applicant can show that the greater distance is necessary to avoid interfering with sight lines or clear zones for transportation or pedestrians or to otherwise protect public safety;

(5)

Fails to comply with applicable codes;

(6)

Fails to comply with the maximum limitations of what is defined as a small wireless installation under this section or otherwise refuses to locate the facilities underground in those areas where the City requires same of all utilities in the right-of-way;

(7)

With respect to an application to install a pole or decorative pole, interferes with the widening, repair, reconstruction, or relocation of a public road or highway by the City or GDOT that has been advertised for bid and scheduled for completion within six (6) months after the application is filed;

(8)

With respect to an application to install a pole or decorative pole, interferes with a public works construction project governed by O.C.G.A. tit. 36, ch. 91, and scheduled for completion within six (6) months after the application is filed;

(9)

Fails to comply with aesthetic requirements or alternate location requirements of this section; or

(10)

Fails to comply with laws of general applicability that address pedestrian and vehicular traffic and safety requirements; or

(11)

Fails to comply with laws of general applicability that address the occupancy or management of the right-of-way and that are not otherwise inconsistent with this chapter or the ACT.

(l)

If the City requires any widening, repair, reconstruction, or relocation of a public road or highway, or relocation of poles, telecommunication wireless support structures, or small cell installations as a result of a public project, the telecommunication facility owner shall relocate poles and telecommunication wireless support structures that have been installed in the right-of-way at no cost to the City in case said poles and telecommunication wireless support structures are found to unreasonably interfere with the widening, repair, reconstruction or relocation project or the public project. The telecommunication facility owner shall relocate the poles or telecommunication wireless support structures:

(1)

By the date designated in a written notice by the City that contains a good faith estimate of the date by which the City intends to commence work so long as the time frames are applied to all utilities in the right-of-way, provided, however, that the date designated for relocation shall be at least forty-five (45) days after the City provides written notice of same; or

(2)

Within the time frame that the telecommunication facility owner estimates in good faith is reasonably needed to complete the relocation, so long as such good faith estimate is provided to the City in writing within thirty (30) days following receipt of the City's written notice and explains in detail why such relocation cannot be reasonably completed by the date designated by the City.

The telecommunication facilities owner shall reasonably cooperate with the City to carry out reconditioning work activities for any poles or decorative poles owned by the City in a manner that minimizes interference with the approved use of the facility. The City shall use reasonable effort to provide the telecommunication facility owner with written notice of reconditioning work at least one hundred twenty (120) days before such work begins. Upon receiving such notice, it shall be the telecommunication facility owner's sole responsibility to provide adequate measures to cover, remove, or otherwise protect the facility from the consequences of the reconditioning work, including but not limited to paint and debris fallout. The City reserves the right to require removal of all facilities from the City's pole and surrounding premises during reconditioning work, provided that the requirement to remove such is contained in the written notice required herein. All costs associated with the protection measures shall be the sole responsibility of the telecommunication facility owner.

In the case of the City needing to replace its poles or decorative poles, the City shall provide the telecommunication facility owner with at least one hundred twenty (120) days' written notice of same before the City may remove the facility. The City shall promptly notify the telecommunication facility owner when the poles have been replaced and the equipment can be reinstalled. During the replacement work, the telecommunication facility owner may maintain a temporary communications facility on the property, or, after approval by the City, on any land owned or controlled by the City in the vicinity of the property.

If the telecommunication facility owner fails to relocate a telecommunication wireless support structure as required in this section, or fails to provide a good faith estimate of the time needed to relocate, the City shall have the right, ten (10) days after written notice of same, to cut power or move any telecommunication wireless support structure or pole located in the right-of-way as the City may determine to be necessary, appropriate, or useful in order to commence work on the public project.

(m)

Public safety.

(1)

An applicant in the right-of-way shall employ due care during the installation and maintenance process and shall comply with all safety and right-of-way protection requirements in the City codes and regulations and state law.

(2)

An applicant or permittee pursuant to this section shall not place any small cell technology installations, telecommunication wireless support structures, poles or decorative poles where they will interfere with any existing infrastructure or equipment and shall locate its lines and equipment in such a manner as not to interfere unnecessarily with the usual vehicular or pedestrian traffic patterns or with the rights or reasonable convenience of owners of property that abuts any right-of-way.

(3)

If the City determines that a telecommunication facility owner's activity in the right-of-way pursuant to this section creates an imminent risk to public safety, the City shall provide written notice to the facility owner requiring the facility owner to address said risk. If the facility owner fails to address the issue within twenty-four (24) hours of the written notice, the City shall be authorized to address said issue at the facility owner's expense.

(4)

Any damage to the right-of-way caused by the activities of the telecommunication facility owner while occupying, installing, repairing or maintaining small cell technology installations, poles, or telecommunication wireless support structures shall be repaired promptly by the facility owner. If the facility owner fails to conduct such repairs within ninety (90) days of receipt of a written notice from the City notifying the facility owner of the damage to the right-of-way, the City shall be authorized to correct and repair the damage at the facility owner's expense, plus a five hundred-dollar ($500.00) penalty. Failure of the facility owner to pay the City's expenses under those circumstances, as well as the penalty, shall result in the facility owner being prohibited from applying for, or receiving, any further permits for right-of-way installations under this section until the full amount is paid to the City.

(n)

Alternate locations. For application for new poles in the right-of-way in areas zoned for residential use, the City may propose an alternate location in the right-of-way within one hundred (100) feet of the location set forth in the application, and the applicant shall use the City's proposed alternate location unless the location imposes technical limits or significant additional costs, a fact the applicant must certify to have determined in good faith, based on the assessment of a licensed engineer, and shall provide a written summary of the basis for such determination.

(o)

First come, first served requests. If multiple applications are received by the City to install two (2) or more poles or decorative poles at the same location or to co-locate two (2) or more small cell technology installations on the same pole, decorative pole or support structure, the applications shall be considered in the order they were received once deemed complete and, if a permit is granted for the first completed application, the subsequent completed applications for the same location shall be deemed to be automatically denied.

(p)

Any appeal of a decision rendered pursuant to this section shall be made by petition for writ of certiorari to the Superior Court of DeKalb County, Georgia in accordance with state law.

(q)

In submitting an application for a co-location antenna or new telecommunication wireless support structure, the applicant shall make an affirmative election at the time of application as to whether to apply for a co-location under subsection (e)(2)a., co-location under subsection (e)(2)b, or placement of a new telecommunication wireless support structure under subsections (e)(2)c., (f), or (h). If a co-location application is denied, and the applicant elects to apply for a new telecommunication wireless support structure, the timeline/shot clock requirements shall reset and begin anew upon filing of the new application, in accordance with applicable provisions of federal or state law.

(Ord. No. 2015-14, § 1, 11-16-15; Ord. No. 2020-003, § 1, 2-10-20)

(a)

Definitions: The following definitions shall apply in the interpretation and enforcement of this section of article VII:

Antenna shall mean the arrangement of wires or metal rods used in the sending and receiving of electromagnetic waves.

Antenna height shall mean the overall vertical length of the antenna support structure above grade, or if such system is located on a building, then the overall vertical length includes the height of the building upon which the structure is mounted.

Antenna support structure shall mean any structure, mast, pole, tripod, or tower utilized for the purpose of supporting an antenna or antennas for the purpose of transmission or reception of electromagnetic waves by federally-licensed amateur radio or citizens band radio operators.

(b)

Permit required means it shall be unlawful for any person to install, construct or increase the height of any antenna support structure without first obtaining a building permit, except that no permit shall be required if the height of the antenna support structure (excluding the height of any building to which the antenna support structure is attached) is less than twelve (12) feet.

(c)

Application shall mean applications for a building permit as required above shall be made upon such forms required by the City and shall have attached thereto the following items:

(1)

A location plan for the antenna support structure.

(2)

Manufacturer's specifications for the antenna support structure and details of footings, guys and braces.

(3)

A copy of the applicant's homeowner or renter's insurance policy.

(4)

A permit fee not to exceed fifty dollars ($50.00) for ground-mounted or fifty dollars ($50.00) for roof-mounted antenna support structures.

(d)

Height limitations: No antenna support structure shall be installed, constructed, or increased to exceed thirty-five (35) feet above grade in single-family residential zoning districts or thirty (30) feet above the height limitation allowed if located in a multi-family residential or commercial zoning district.

(e)

Construction requirements:

(1)

Antenna support structures must be constructed from one (1) of the following materials: Aluminum, galvanized steel, or equally weather-resistant steel. All ground-mounted antenna support structures exceeding thirty-five (35) feet in height shall be mounted in concrete, and erected in such a manner so as to be able to withstand a minimum wind velocity of eighty (80) m.p.h. (impact pressure of twenty-five (25) pounds per square foot).

(2)

The thickness of steel used in antenna support structures shall be not less than one-eighth (⅛) of an inch when galvanized. If not galvanized, steel shall be not less than one-fourth (¼) of an inch in thickness when used structurally. Where antenna support structures are constructed of aluminum tubing, the minimum wall thickness of the tubing shall be not less than one-sixteenth ( 1/16 ) inch and such tubing, if steel, shall be galvanized on the exterior.

(3)

All antenna support structures, whether ground- or roof-mounted, shall be grounded. Grounding shall be in accordance with the provisions of the National Electrical Code, and for ground mounted towers, shall consist of a minimum of one (1) ground rod a minimum of five-eighths-inch in diameter and eight (8) feet in length. The ground conductor shall be a minimum of #10 GA copper; however, in all instances, construction shall follow the manufacturer's requirements for grounding.

(f)

Restrictions:

(1)

No antenna shall protrude in any manner upon the adjoining property without the written permission of the adjoining property owner; and no antenna shall protrude upon the public way.

(2)

Ground-mounted antenna support structures may be erected only in a rear or side yard.

(3)

Upon the FCC-licensed operator's cessation of ownership or leasehold rights in the subject antenna support structures, or upon the loss of his or her federal amateur radio operator's license (whichever shall occur earlier), the operator shall forthwith (but in no case later than thirty (30) days after written notice to the operator and to the owner of record of the subject lot if known, or if not known, then to the assessed owner, sent by certified mail, return receipt requested) safely remove all antenna support structures at no expense to the City.

(4)

In the event said operator shall fail during said thirty-day period to remove the antenna support structures pursuant to subsection (3) above, it shall be the duty, responsibility and obligation of the owner of the subject lot upon which any or all of such antenna support structures are located, to remove such structures forthwith at no expense to the City.