The City of Dublin recognizes that the development of wireless service technology is an asset to economic development as well as providing significant benefits to residents, and wishes to be a proactive city in the availability of personal wireless telecommunications service. However, the City of Dublin also finds that the siting wireless telecommunications facilities may pose significant concerns to the health, safety, public welfare, character, and environment of Dublin and its inhabitants. Towers that are much taller than surrounding structures are found to have a significant negative visual impact. The placement of towers, especially near residential areas, is found to have possible negative effects on the value of surrounding properties.

The purpose of this ordinance is to establish general guidelines for the siting of telecommunication towers and antennas. The goals of this ordinance are to:

A.

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

B.

Encourage the joint use of new and existing tower sites;

C.

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

D.

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

E.

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

F.

Resolve any conflicts in the siting of towers and antennas between the existing zoning ordinance and the requirements of state or federal laws and regulations;

G.

Insure that the Ordinances of the City of Dublin do not unreasonably discriminate among telecommunication service providers, do not prohibit personal wireless services, and do not limit placement of wireless facilities based upon environmental effects of radio frequency emissions;

H.

Provide a forum to ensure conflicts between the development of advanced wireless communication and the concerns of the community are quickly resolved;

I.

Protect the health, safety and general welfare of the City of Dublin and its citizens.

(Ord. No. 10-18, § 1, 11-4-2010)

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

Antenna: Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

Height: When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Tower: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, amateur or "ham" radio towers, and the like.

(Ord. No. 10-18, § 1, 11-4-2010)

The requirements set forth in the City of Dublin Zoning Ordinance shall generally govern the height and location of towers and antennas. The height limitations applicable to buildings and structures therein shall apply to towers and antennas, except for those towers or antennas located in the M-1 and M-2 zones, which shall be governed by any applicable Federal or State height laws or regulations.

(Ord. No. 10-18, § 1, 11-4-2010)

(a)

Inventory of Existing Sites. Each applicant for an antenna and or tower shall provide to the Planning and Zoning Department an inventory of the applicant's existing towers that are either within the jurisdiction of the City of Dublin or within three (3) miles of the border thereof, including specific information about the location, height, and design of each tower. The Planning and Zoning Department may share such information with other applicants or organizations seeking to locate towers or antennas within the jurisdiction of the City of Dublin, provided, however that the Planning and Zoning Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(b)

Federal Requirements. All towers must meet or exceed current standards and regulations of all agencies of the federal or state government. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations as mandated by the controlling federal or state agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. Any such removal by the City of Dublin shall be in the manner provided in the Code of the City of Dublin for the removal of nuisances.

(c)

Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a 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 of Dublin concludes that a 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 tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the City of Dublin may remove such tower at the owner's expense. Any such removal by the City of Dublin shall be in the manner provided Code of the City of Dublin for the removal of nuisances.

(d)

Security Fencing. Towers shall be enclosed by security fencing not less than eight (8) feet in height.

(e)

Anti-climbing device. Towers shall be equipped with an appropriate anti-climbing device.

(f)

Landscaping. Tower facilities for which a variance is required and which are located in any residential area shall be landscaped with a buffer of evergreen plant materials that effectively screens the view of the tower compound from adjacent residential property. Existing mature tree and shrub 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, existing natural growth around the property perimeter may be a sufficient buffer. Tower locations shall be kept mowed and litter-free, as required by city ordinance.

(g)

Setbacks and Separation. Towers must be set back either the minimum zoning district setback or at least one hundred twenty-five (125) per cent of total height of the tower (whichever is greater) from the property line of any residentially zoned property and all towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements.

(h)

The City of Dublin shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed, taking into account the nature and scope of such request.

(i)

The initial application shall be to the Zoning Administrator and shall be approved or denied within thirty (30) days.

(Ord. No. 10-18, § 1, 11-4-2010)

(a)

Where anyone is unable to locate a desired tower due to zoning or other regulations of the City of Dublin, and Federal or State law has pre-empted local regulation, the person may request a variance from the Board of Zoning Appeals. In granting a variance for a tower, the Board may impose conditions to the extent necessary to minimize any adverse effect of the proposed tower on adjoining properties. Any information of an engineering nature submitted by the applicant, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

(b)

Information Required. Each applicant requesting a variance under this ordinance shall submit a scaled site plan, scaled elevation view and other supporting drawings, calculations, and/or other documentation, signed and sealed by licensed professional engineers, 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 City of Dublin to be necessary to assess compliance with this ordinance. The applicant shall submit copies of any required Federal or State licenses for operation of the requested facility. Where the application is incomplete, the City shall so notify the applicant within a reasonable time of submission.

(c)

Factors Considered in Granting Variances. The Board shall consider, in addition to the factors mandated by the Code, the following factors in determining whether to issue a variance:

1.

Height of the proposed tower.

2.

Proximity of the tower to residential structures and residential district boundaries.

3.

Nature of uses on adjacent and nearby properties.

4.

Surrounding topography.

5.

Surrounding tree coverage and foliage.

6.

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

7.

Requirements imposed by Federal or State laws and regulations which may in whole or in part pre-empt local regulation. The Board shall not consider any factor that is barred by federal or state law or regulation (such as, at the time of the passage of this ordinance, health concerns caused by RF emissions).

8.

The possibility of using alternatives such as manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of telecommunication antennas or towers.

9.

Availability of suitable existing towers and other structures. The applicant must demonstrate that no existing tower or structure can reasonably accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a.

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

b.

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

c.

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

e.

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

f.

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

10.

Whether the denial of the variance unreasonably discriminates among providers of functionally equivalent services.

11.

Whether the denial of the variance will prohibit or have the effect of prohibiting the provision of personal wireless services.

12.

Whether the manner in which the applicant proposes to fill the gap in wireless services is the least intrusive on the community values protected by this ordinance.

13.

In the case of federally licensed amateur or "ham" radio operators, the minimum practical regulation needed to accomplish the legitimate regulatory purposes of the ordinance, and to reasonably accommodate the location of the needed antenna, pursuant to federal law and regulation, in particular 47 CFR 97.15, PRB-1, 101 FCC 2d 952 (1985) and any rules and regulations relating thereto.

(d)

Upon receiving a completed application, the Board shall hold a public hearing within a reasonable time. The public hearing shall be advertised one (1) time in the official legal organ at least fifteen (15) days before the hearing. All interested parties shall be given an opportunity to be heard and present evidence. The Board may allow interested persons to submit written evidence after the hearing.

(e)

Within a reasonable time after the close of evidence the Board shall issue a written order supported by substantial evidence giving its decision and the reasons therefore. The order, which may in part consist of the minutes of any meetings or public hearings, shall clearly delineate the issues that arose with the application; provide the evidence presented by all sides; illustrate the concerns of the applicants, the residents and property owners of the area, and the board members; and shall cite the specific provisions of the ordinance that the voting members found were relevant in their decision on the application.

(Ord. No. 10-18, § 1, 11-4-2010)

All decisions for co-locations shall be rendered in writing no later than ninety (90) days after receiving a completed application. All other wireless facility siting application decisions shall be rendered in writing no later than one hundred fifty (150) days after receiving a completed application. However, where the applicant has been notified within thirty (30) days after filing that its application is incomplete, these time periods shall be automatically tolled, and shall not include the time that the applicant takes to respond to requests for additional information.

(Ord. No. 10-18, § 1, 11-4-2010)

Any antenna or tower that ceases to operate for a period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the City of Dublin notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the governing authority may, in the manner provided in O.C.G.A. §§ 41-2-8 through 41-2-17, remove such antenna or tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(Ord. No. 10-18, § 1, 11-4-2010)

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance in whole or any part thereof other than the part so declared invalid.

(Ord. No. 10-18, § 1, 11-4-2010)