In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, these regulations are necessary in order to:

(a)

Facilitate the provision of wireless telecommunications services to the residents and businesses of the city;

(b)

Minimize adverse effects of towers through careful design and siting standards;

(c)

Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and

(d)

Encourage and maximize the use of existing towers, buildings and other structures to accommodate new wireless telecommunications antennas in order to reduce the number of towers needed to serve the community.

(Ord. of 4-15-2008, § 8-1)

(a)

This article shall not apply to antennas, towers and other supporting structures that are an accessory use on the premises where they are located, including, but not limited to:

(1)

Television receiving antennas and dishes located on the premises of a dwelling, business or public facility, provided the signal is not re-transmitted or sold off the premises.

(2)

Amateur radio broadcasting antennas.

(3)

Radio transmission antennas located on the premises of a business or public facility, which is used for fleet or emergency communications.

(4)

Other antennas, towers and supporting structures, the sole purpose of which is accessory to the principal use of the premises, and not listed as being subject to the terms of this article in subsection (b) of this section.

(b)

This article shall apply to antennas, towers and other supporting structures that are not an accessory use to the principal use of the premises, or which are a separate business from the principal use of the premises, including, but not limited to:

(1)

Commercial radio and television broadcasting antennas.

(2)

Television receiving antennas for cable television systems.

(3)

Antennas for the delivery of wireless telephone service.

(4)

Other telecommunications antennas that are not an accessory use of the premises.

(c)

All such uses shall be a conditional use, except the following uses which shall be a permitted use in all zoning districts:

(1)

Installation of antennas on existing towers where the tower height is not increased.

(2)

Installation of antennas on power poles where the height of the pole is not increased.

(3)

Installation of antennas owned by public utilities which are accessory to remote terminal units serving pad-mounted switch gear, remote switch controllers and similar telemetry antennas; provided the antenna is attached to a power transmission or distribution pole and does not exceed the height of the pole, or the antenna is attached to a building and does not extend more than ten feet above the roof line of the building or the antenna is ground mounted and does not exceed 20 feet in height. The antennas shall also be exempt from the permitting requirements of section 44-626.

(4)

Installation of antennas which are accessory to supervisory control and data acquisition facilities located within a electric power substation, provided the antenna does not exceed the height of the poles or substation structure. The antennas shall also be exempt from the permitting requirements of section 44-626.

(5)

Installation of antennas on buildings which comply with all of the following conditions:

a.

The building is not located in a single-family residential district.

b.

The property is not subject to a conditional use, variance or other zoning restriction which exceeds the requirements of this chapter.

c.

The antenna does not exceed the maximum building height in the zoning district nor extend more than 12 feet above the roof line of the building.

(Ord. of 4-15-2008, § 8-2)

No new towers, which are a conditional use under the terms of this article, shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that no existing tower or structure can accommodate the applicant's needs.

(Ord. of 4-15-2008, § 8-3)

All telecommunications towers and associated compounds shall be designed to accommodate the antennas of at least three service providers.

(Ord. of 4-15-2008, § 8-4)

(a)

Because of the unique nature of telecommunications facilities, minimum lot area shall be determined on an individual basis by the board of adjustment as part of the conditional use process.

(b)

Towers shall be placed no closer than a distance equal to the height of the tower from any dwelling located in the rural farm district or residential zoning districts. However, because of the unique nature of telecommunications facilities, other required setbacks from property lines shall be determined on an individual basis by the board of adjustment as part of the conditional use process. The board shall consider the following factors when establishing minimum setbacks:

(1)

The type of telecommunications facility.

(2)

Relationship to other properties and buildings.

(3)

Relationship to the public right-of-way.

(4)

Size of the subject lot or parcel.

(5)

Accessibility for public safety and other purposes.

(6)

Other factors which effect the telecommunications facility, surrounding property and community at large.

(Ord. of 4-15-2008, § 8-5)

Only monopole towers may be located within 1,000 feet of a single-family residential district boundary, the central business district boundary, any historical district and Lookout Mountain Parkway.

(Ord. of 4-15-2008, § 8-6)

(a)

Towers shall either maintain a galvanized steel finish or, subject to any applicable FAA standards, be painted a neutral color so as to reduce visual obtrusiveness.

(b)

The design of the buildings and accessory structures and uses shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the telecommunications facilities to the natural setting and built environment.

(c)

If an antenna is installed on a structure other than a tower, the antenna and accessory uses and structures must be of a color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related facilities as visually unobtrusive as possible.

(d)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting must be shielded or directed to the greatest extent possible so as to minimize the amount of light that falls onto nearby properties, particularly residences.

(e)

No portion of any antenna array may extend beyond the property line.

(f)

Accessory buildings, cabinets and structures shall not exceed 16 feet in height and shall be compatible with the surrounding area.

(g)

Tower compounds shall be surrounded by a buffer strip, as defined in section 44-1, in all cases where natural vegetation surrounding the site is not sufficient to screen its view from any residence.

(h)

The city may require a special design of any telecommunications facility where findings of particular sensitivity are made.

(Ord. of 4-15-2008, § 8-7)

All towers and antennas must meet or exceed the 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, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal 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.

(Ord. of 4-15-2008, § 8-8)

The owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes, the applicable standards for towers that are published by the Electronic Industries Association, and all applicable codes adopted by the city.

(a)

In addition to any other applicable standards and requirements, the following shall apply to all towers and telecommunications facilities:

(1)

Sufficient anti-climbing measures must be incorporated into each facility to reduce potential for trespass and injury.

(2)

Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.

(3)

At least ten feet of horizontal clearance must exist between any antennas and any power lines, unless more clearance is required to meet state public service commission standards.

(4)

All towers and telecommunications facilities must be designed or sited so that they do not pose a potential hazard to nearby residences or surrounding properties or improvements. Any tower shall be designed and maintained to withstand, without failure, the maximum forces expected from wind, hurricanes, and other natural occurrences, when the tower is fully loaded with antennas, transmitters, and other telecommunications facilities, and camouflaging. Initial demonstration of compliance with this requirement shall be provided by submission of a report to the building official prepared by a structural engineer licensed in the state describing the tower structure, specifying the number and type of antennas it is designed to accommodate, providing the basis for the calculations done, and documenting the actual calculations performed. Proof of ongoing compliance shall be provided by submission to the building official at least every five years of an inspection report prepared by a state-registered structural engineer indicating the number and types of antennas and related telecommunications equipment actually present, and indicating the structural integrity of the tower. Based on this report, the building official may require repair of, or if a serious problem exists, removal of, the tower or any telecommunications facilities.

(b)

If, upon inspection, the city 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 a tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within the 30 days, the city may use the bond or irrevocable letter of credit required in section 44-626(b) to remove such tower.

(Ord. of 4-15-2008, § 8-9)

All applicants shall comply with federal standards for a radio frequency emissions. Within six months after the commencement of any operations utilizing a tower, antenna or related telecommunications facilities, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site, and which compares the results with established federal standards. If, upon review, the city finds that the facility does not meet federal standards, the city may require corrective action within a reasonable period of time, and if not corrected, may require removal of the telecommunications facilities. Any reasonable costs incurred by the city, including reasonable consulting costs to verify compliance with these requirements, shall be paid by the applicant.

(Ord. of 4-15-2008, § 8-10)

Except as specifically exempted in section 44-617, towers, antennas and telecommunications facilities are considered structures, requiring issuance of a building permit. In addition to any information required by the building code in connection with the issuance of a permit for a tower, antenna or telecommunications facility, the applicant shall, prior to a permit being issued, submit the following to the building official:

(a)

A maintenance/facility removal agreement, binding the applicant, the property owner (if other than the applicant) and the applicant's or owner's successors in interest, to properly maintain the exterior appearance of, and ultimately the removal of, the tower and telecommunications facilities in compliance with the provisions of this article and any conditions of approval.

(b)

A bond or irrevocable letter of credit, payable to the city in the amount of $50,000.00, securing the removal of the tower and one antenna, or any costs of monitoring or enforcing the maintenance of any tower by the city, should the owner fail to maintain the tower in accordance with the requirements of this article, or abandon the use of the tower. A bond or irrevocable letter of credit, payable to the city in the amount of $20,000.00, securing the removal of each additional antenna should the owner fail to maintain the tower in accordance with the requirements of this article, or abandon the use of the tower shall be executed prior to issuance of a permit for installation of each additional antenna on the tower.

(c)

An agreement to pay to the city all costs of monitoring compliance with, and enforcement of, the maintenance, removal, or disposal of any tower and telecommunications facilities, and to reimburse the city for all costs incurred to perform the work required of the applicant by this agreement that the applicant may fail to perform. Such agreement for reimbursement shall include all costs of collection and reasonable attorneys' fees.

(d)

An agreement to allow the city to enter onto the property and undertake any maintenance or removal activities so long as:

(1)

The building official has provided the applicant written notice requesting the work needed to comply with this article and providing the applicant at least 45 days to complete it; and a follow up notice of default specifying failure to comply within the time period permitted, and indicating the city's intent to commence the required work within ten days of the notice; and

(2)

The applicant has not filed an appeal within ten working days of the notice of the city's intent to commence the required work. If an appeal is filed, the city shall be authorized to enter the property and perform the necessary work if the appeal is dismissed or final action on it is taken in favor of the city.

Notwithstanding anything contained in this section to the contrary, the city shall not be required to provide the notice described herein if there is a significant risk to the public health and safety requiring immediate remedial measures.

(e)

In addition to any building permit fees and conditional use application fees, the applicant shall pay a telecommunications facilities permit fee in an amount that shall be set from time to time by city council resolution. The fees for towers may be set at different levels than the fees set for antennas. The city council resolution may further provide for a waiver of fees in the case of:

(1)

Construction of new towers with excess capacity, where the applicant commits in advance to allow co-location;

(2)

Co-location of antennas on existing towers or alternative tower structures;

(3)

Location of antennas on existing alternative tower structures;

(4)

Other conditions which the city believes will minimize the need for construction of new towers.

(f)

A statement that the applicant agrees to allow for the potential co-location of additional telecommunications equipment by other providers on the applicant's tower or within the same site location, subject to reasonable conditions.

(g)

If the applicant seeks a permit for a tower or telecommunications facility on leased property, a copy of the lease agreement, memorandum of lease, or a verified written statement of the landlord indicating that the landlord is permitted to enter into leases with other telecommunications providers.

(Ord. of 4-15-2008, § 8-11)

(a)

Each applicant requesting a conditional use under this article shall, in addition to submitting all information required in section 44-679(c), submit the following information:

(1)

Scaled elevation view and other supporting drawings, calculations, and documentation, signed and sealed by appropriate registered professionals.

(2)

Radio frequency coverage and tower height requirements.

(3)

Other information deemed by the board as necessary to determine compliance with this article. Each applicant for an antenna or tower shall submit an inventory of its existing towers that are either within the city or within one-quarter mile of the city's boundaries, including specific information about the location, height, and design of each tower. The city may share such information with other organizations seeking to locate antennas within the city; provided, however, that the city is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. If the applicant owns the electric power or telephone poles in the area, it is not the intent of this article to require a map showing all such poles; however, it is the intent of this article for the applicant to submit a map showing the location and height of all such poles in the vicinity of the property which is the subject of the conditional use.

(4)

The deposit of funds as required in section 44-628.

(b)

Each applicant for an antenna or tower shall submit a copy of its one- and five-year plans for development of its telecommunications facilities in the city.

(Ord. of 4-15-2008, § 8-12)

(a)

The city may hire any consultants or experts necessary to assist the city in reviewing and evaluating an application submitted pursuant to this article.

(b)

The applicant shall deposit with the city funds sufficient to reimburse the city for all reasonable costs of consultants or experts to advise the city in connection with the review of the application. The initial deposit shall be in the amount of $7,500.00. The funds shall accompany the filing of the application and the city shall establish and maintain a separate escrow account for all such funds. The city's consultants or experts shall bill or invoice the city no less frequently than monthly for their services in reviewing the application and performing their studies. If at any time during the review process this escrow account has a balance less than $2,500.00, the applicant shall immediately, upon notification by the city, replenish the escrow account so that it has a balance of at least $2,500.00. Such additional escrow funds shall be deposited with the city before any further action or consideration is taken on the application. In the event that the amount held in escrow by the city is more than the amount of the actual billing or invoicing at the conclusion of the review process, the difference shall be promptly refunded to the applicant.

(c)

The total amount of the funds set forth in subsection (b) of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the city or its consultants or experts to complete the necessary review and analysis.

(Ord. of 4-15-2008, § 8-13)

The city shall consider the following factors in determining whether to issue a conditional use for a telecommunications facility:

(a)

Height of the proposed tower;

(b)

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

(c)

Nature 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)

An evaluation of the applicant's one- and five-year plans for development of its telecommunications facilities within the city, as well as those plans on file from other telecommunications providers;

(i)

Availability of suitable existing towers and other structures;

(j)

Any other information that the city deems reasonably necessary in connection with the review of the application.

(Ord. of 4-15-2008, § 8-14)

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned. The city, in its sole discretion, may require an abandoned tower or antenna to be removed. The owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the city notifying the owner of such abandonment. If such antenna or tower is not removed within the 90 days, the city may use the bond or irrevocable letter of credit required in section 44-626(b) to remove the abandoned antenna or tower. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(Ord. of 4-15-2008, § 8-15)