This ordinance is designed and intended to balance the interests of the residents of the city of telecommunications providers and telecommunications customers in the siting of telecommunications facilities within the City of Fort Valley so as to protect the health, safety and integrity of residential neighborhoods and foster, through appropriate zoning and land use controls, a competitive environment for telecommunications carriers that does not unreasonable discriminate among providers of functionally equivalent personal wireless services and shall not prohibit or have the effect of prohibiting the provision of personal wireless services, and so as to promote the city as a proactive city in the availability of personal wireless telecommunications service. To that end, this ordinance shall:

(a)

Provide for the appropriate location and development of telecommunications facilities in the city;

(b)

Protect the city's built and natural environment by promoting compatible design standards for telecommunications facilities;

(c)

Minimize adverse visual impacts of telecommunications facilities through careful design, siting, landscape screening and innovative camouflaging techniques;

(d)

Avoid potential damage to adjacent properties from tower or antennas failure through engineering and careful siting of telecommunications tower structures and antennas;

(e)

Maximize use of any new and existing telecommunications towers so as to minimize the need to construct new towers and minimize the total number of towers throughout the city;

(f)

Maximize and encourage use of alternative telecommunication tower structures as a primary option rather than construction of additional single-use towers; and

(g)

Encourage and promote the location of new telecommunications facilities in areas which are not zoned for residential use.

(Ord. of 4-19-2001)

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

(a)

"Antenna" means any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television, or personal wireless services. For the purposes of this ordinance, the term "antenna" does not include any tower and antenna under 70 feet in total height which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission, any device designed for over-the-air reception of radio or television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite service, or any cable television head-end or hub towers and antennas used solely for cable television services.

(b)

"Governing body" means the mayor and city council of the City of Fort Valley.

(c)

"Inspector" means the building inspector for the City of Fort Valley planning and zoning department or his/her designee.

(d)

"Macro telecommunications facilities" are those which are located on existing buildings, poles or other existing support structures and which project more than three feet above the top of the structure but no more than ten feet above the roof line, parapet or top of the structure. Macro telecommunication facilities may exceed the height limitation specified for the zoning district.

(e)

"Micro telecommunications facilities" are those which are located on existing buildings, poles or other existing support structures where antennas do not project more than three feet above the top of the structure and there are no more than six antennas per site.

(f)

"Monopole tower" means a telecommunications tower consisting of a single pole, constructed without guy wires or ground anchors.

(g)

"Telecommunications facilities" refers to antennas and towers, either individually or together.

(h)

"Tower" means a structure, such as a lattice tower, guy tower, or monopole tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, on which is located one or more antennas intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication. The term includes microwave towers, common carrier towers, and cellular telephone towers.

(Ord. of 4-19-2001)

The following shall be exempt from this ordinance:

(a)

Any tower and antenna under 70 feet in total height which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission;

(b)

Any device designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite service; or

(c)

Any telecommunications facilities located on property owned, leased or otherwise controlled by the City of Fort Valley provided a license or lease authorizing the telecommunications facility has been approved by the governing body.

(d)

Any cable television head-end or hub towers and antennas used solely for cable television services.

(Ord. of 4-19-2001)

1.

Permitted use. Subject to the requirements of this article, the following types of uses shall be permitted as a principal or accessory use in the following zoning districts:

(a)

Lattice towers shall be permitted as a principal or accessory use in wholesale, light industrial, and general industrial [districts].

(b)

Monopole towers shall be permitted as a principal or accessory use in highway commercial, general commercial, neighborhood commercial, wholesale, light industrial and general industrial [districts].

(c)

Antennas and related equipment or appurtenances to an existing tower or suitable alternative tower structure shall be permitted as an accessory use in all zoning districts.

2.

Conditional use. Subject to the requirements of this article, the following types of uses shall be conditionally permitted as a principal or accessory use in the following zoning districts.

(a)

Guy towers shall be conditionally permitted as a principal or accessory use in all zoning districts.

(b)

Lattice towers shall be conditionally permitted as a principal or accessory use in all zoning districts other than those districts in which lattice towers are permitted as a matter of right.

(c)

Monopole towers shall be conditionally permitted as a principal or accessory use in all zoning districts other than those districts in which monopole towers are permitted as a matter of right.

(Ord. of 4-19-2001)

A.

Preferred location sites.

1.

Collocation sites. Any existing telecommunications towers currently being used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication shall be a preferred location site regardless of the underlying zoning designation of the site; provided, however, that locations which meet this criteria shall be subject to the design and siting components of this ordinance and collocation sites shall not become an "antenna farm" or otherwise be deemed by the inspector or the governing authority to be visually obtrusive.

2.

Publicly used structures. Publicly used structures are preferred locations throughout the city because they appear in virtually all neighborhoods, are dispersed throughout the city, and due to their institutional or infrastructure uses are generally similar in appearance to or readily adaptable for telecommunications facilities. Therefore, telecommunications facilities should be less noticeable when placed on publicly used structures than when placed on commercial or residential structures. Publicly used structures include, but are not limited to, facilities such as police or fire stations, libraries, community centers, civic centers, courthouses, utility structures, water towers, elevated roadways, bridges, flagpoles, schools, hospitals, clock or bell towers, light poles and churches.

3.

Industrial and commercial structures. Wholly industrial and commercial structures such as warehouses, factories, retail outlets, supermarkets, banks, garages, or service stations shall be preferred locations, particularly where existing visual obstructions or clutter on the roof or along a roofline can and will be removed as part of the installation of the telecommunications facility.

4.

Mixed use buildings in high density districts. Mixed use buildings (housing above commercial or other nonresidential space) are also preferred location sites.

B.

Disfavored location sites. Any single-family residential structure or site or multifamily duplex shall be a disfavored site for the location of telecommunications facilities.

(Ord. of 4-19-2001)

A.

General requirements for all telecommunication facilities. The requirements set forth in this section shall govern the location and construction of all telecommunications facilities governed by this ordinance.

1.

Building codes and safety standards. To ensure the structural integrity of telecommunications facilities, the owner of a telecommunications facility shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such telecommunications facilities, as amended from time to time. Owners of telecommunications facilities shall conduct periodic inspections of such facilities at least once every year to ensure structural integrity. Inspections shall be conducted by a qualified, independent engineer licensed to practice in Georgia. The results of such inspection shall be provided to the inspector.

2.

Regulatory compliance.

a.

All telecommunications facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate telecommunications facilities. If such standards and regulations are changed then the owners of the telecommunications facilities governed by this ordinance shall bring such telecommunications facilities into compliance with such revised standards and regulations within the date established by the agency promulgating the standards or regulations.

b.

Owners of telecommunications facilities shall provide documentation showing that each telecommunications facility is in compliance with all applicable federal and state requirements. Evidence of compliance must be submitted every 12 months.

3.

Security. All telecommunications facilities shall be equipped with an appropriate anticlimbing device or other similar protective device to prevent unauthorized access to the telecommunications facility.

4.

Lighting. No illumination is permitted on telecommunications facilities unless required by the FCC, FAA or other state or federal agency of competent jurisdiction or unless necessary for air traffic safety. If lighting is required or necessary, the inspector may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.

5.

Advertising. No advertising is permitted on telecommunications facilities. However, a whip antenna may be allowed on any legally permitted permanent billboard or outdoor advertising sign as long as the other requirements of this ordinance are met.

6.

Visual impact.

a.

Telecommunications facilities shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color or painted and/or textured to match the existing structure so as to reduce visual obtrusiveness.

b.

If an antenna is installed on a structure other than a tower, the antenna and associated 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. Roof-mounted antennas shall be made visually unobtrusive by screening to match existing air conditioning units, stairs, elevator towers or other background.

c.

Where feasible, telecommunications facilities should be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.

d.

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

e.

Any equipment shelter or cabinet that supports telecommunications facilities must be concealed from public view or made compatible with the architecture of the surrounding structures or placed underground. Equipment shelters or cabinets shall be screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained.

7.

Landscaping.

a.

Landscaping shall be used to effectively screen the view of the telecommunications facility from adjacent public ways, public property and residential property.

b.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost.

c.

The inspector may waive or modify the landscaping requirement where lesser requirements are desirable for adequate visibility for security purposes, for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries and tree farms or where an antenna is placed on an existing structure. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be modified or waived by the inspector.

8.

Maintenance impacts. Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a collector or local street, access for maintenance vehicles shall be exclusively by means of the collector or local street.

9.

Principal, accessory and joint uses.

a.

Accessory structures used in direct support of a telecommunications facility shall be allowed but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility.

b.

Telecommunications facilities may be located on sites containing another principal use in the same buildable area.

10.

Lot size and setbacks.

a.

The following setback requirements shall apply to all telecommunications facilities; provided, however, that the inspector may reduce the standard setback requirements of this section if the goals of this ordinance would be better served thereby.

i.

Telecommunications towers must be setback a distance equal to 110 percent of the height of the tower from any off-site residential structure.

ii.

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

iii.

Telecommunications facilities must be setback from any property line a sufficient distance to protect adjoining property from the potential impact of telecommunications facility failure by being large enough to accommodate such failure on the site, based on the engineer's analysis required in section VII.

b.

For antennas attached to the roof or a supporting structure on a rooftop, a 1:1 setback ratio (example: ten-foot-high antenna and supporting structure requires [a] ten-foot setback from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact.

B.

Additional requirements for towers.

1.

Site location and development shall preserve the pre-existing character of the surrounding buildings and land uses and the zone district as much as possible. Personal wireless telecommunication towers shall be integrated through location and design to blend in with existing characteristics of the site to the extent practical.

2.

Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.

3.

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 and related facilities to the natural setting and built environment.

4.

Towers shall not be located any closer than 1,500 feet from an existing tower unless technologically required or visually preferable.

5.

When a tower is adjacent to a residential use, it must be setback from the nearest residential lot line a distance at least equal to 100 percent of its total height.

6.

In no case shall a tower be located in the required front yard, back yard or side yard in a residential district.

7.

Towers shall not be sited where they will negatively affect historic or scenic view corridors as designated by the governing body or any state or federal law or agency or where they will create visual clutter.

8.

Towers shall be enclosed by decay-resistant security fencing not less than six feet in height and shall be equipped with an appropriate anticlimbing device or other similar protective device designed to prevent tower access.

9.

Placement of more than one tower on a lot shall be permitted, provided all setback, design and landscape requirements are met as to each tower. Structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not lead to multiple failures in the event that one fails.

(Ord. of 4-19-2001)

A.

General application requirements for all building and special use permits. Application for a building permit or special use permit for any telecommunications facility shall be made to the inspector by the person, company or organization that will own and operate the telecommunications facility on a form and in a manner prescribed by the inspector. An application will not be considered until it is complete. The following information shall be submitted when applying for any building permit, special use permit or other permit or variance included in this ordinance and must be submitted for an application to be considered complete:

1.

Basic information.

a.

Site plan or plans to scale specifying the location of telecommunications facilities, transmission building and/or other accessory uses, access, parking, fences, landscaped areas, and adjacent land uses.

b.

Landscape plan to scale indicating size, spacing and type of plantings required in section VI(A)(7).

c.

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

d.

A description of anticipated maintenance needs for the telecommunications facility, including frequency of service, personnel needs, equipment needs, and traffic, noise or safety impacts of such maintenance.

e.

Report from a qualified, independent engineer licensed in the State of Georgia, documenting the following:

i.

Telecommunications facility height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design;

ii.

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

iii.

Evidence of structural integrity of the tower structure; and

iv.

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

f.

A definition of the area of service to be served by the antenna or tower and whether such antenna or tower is needed for coverage or capacity.

g.

Information showing the proposed facility would provide the needed coverage or capacity.

h.

The identity of a community liaison officer appointed by the applicant to resolve issues of concern to neighbors and residents relating to the construction and operation of the facility. Include name, address, telephone number, facsimile number and electronic mail address, if applicable.

i.

Identification of the geographic service area for subject installation, including a map showing the site and the nearest or associated telecommunications facility sites within the network. Describe the distance between the telecommunications facility sites. Describe how this service area fits into and is necessary for the service network.

j.

Designation of which location preference, identified in section V above, the proposed facility is meeting. If the proposed location is not a preferred location 1 through 4 or is a disfavored site, describe:

(a)

What publicly used building, collocation site or other preferred location sites are located within the geographic service area. Provide a list (by address with lot and block number noted) and a map at 1:200 scale of all such buildings within the service area;

(b)

What good faith efforts and measures were taken to secure each of these preferred location sites;

(c)

Why each such site was not technologically, legally or economically feasible and why such efforts were unsuccessful; and

(d)

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

2.

Five-year plan and site inventory. Each application shall include a five-year facilities plan and site inventory including the following:

a.

A list of all existing, existing to be upgraded or replaced, and proposed telecommunications facility sites within the city limits and within one mile of the city limits and a map showing these sites. The list must include the following information for each site:

i.

Street address;

ii.

Assessor's block and lot or other applicable ad valorem tax identification number;

iii.

Zoning district;

iv.

Type of building (commercial, residential, mixed use) and number of stories;

v.

The number of antennas and base transceiver stations per site and the location and type of antenna installation (stand alone rooftop, building facade, etc.) and location of the base transceiver station installations;

vi.

The height from grade to the top of the antenna installation; and

vii.

The radio frequency range in megahertz, the wattage output of the equipment and effective radiated power.

b.

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

3.

Additional information requirements for towers.

a.

If the proposed site is zoned residential and there are alternative sites in business or industrial districts, applicants must justify why those alternate sites have not been proposed. The inspector will review with special care justifications that appeal only to undue expense and/or to undue difficulties in entering into a lease agreement. The inspector shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site.

b.

Applicants must identify all existing towers and all towers for which there are applications currently on file with the inspector. Applicants must provide evidence of the lack of space on all suitable existing towers to locate the proposed antenna and of the lack of space on existing tower sites to construct a tower for the proposed antenna. If collocation on any such towers would result in less visual impact than the visual impact of the proposed tower, applicants must justify why such collocation is not being proposed. If collocation on any such tower would increase negative visual impact, then the applicant must so state and demonstrate. The inspector will review with special care justifications that appeal only to undue expense and/or to undue difficulties in entering into a lease agreement. The inspector shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site.

c.

In all zones, applicants must demonstrate that they cannot provide personal wireless communication service without the use of a telecommunications tower.

d.

The applicant shall quantify the additional tower capacity anticipated, including the approximate number and types of antennas. The applicant shall provide a drawing for each tower showing existing and proposed antennas locations. The applicant shall also describe any limitations on the ability of the tower to accommodate other uses, e.g., radio frequency interference, mass height, frequency or other characteristics. The applicant shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not chosen to be incorporated. The inspector shall approve those limitations if they cannot be overcome by reasonable technical means.

e.

The applicant must provide a utilities inventory showing the locations of all water, sewage, drainage and power lines impacting the proposed tower site.

4.

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

B.

Expedited review for building permits only. When a telecommunications facility will be a use as of right pursuant to section IV of this ordinance and requires only a building permit and design review before it may be erected, the inspector will expedite review of the application and render a decision on the application within 14 business days after receipt of a complete application.

C.

Special use permits.

1.

A request for a special use permit shall be initiated by application to the inspector and handled in accordance with the special use permit provisions of the Code of Ordinances. A special use permit may be issued under this section provided it is determined that all of the requirements of section VI have been satisfied and, further, that the benefits of and need for the proposed tower are greater than any possible depreciating effects and damage to the neighboring properties.

2.

The granting [of] a special use permit may result in the imposition of additional zoning conditions to the extent determined necessary to buffer or otherwise minimize adverse effects of the proposed tower or antenna on surrounding properties.

(Ord. of 4-19-2001)

Applicant and owner shall allow other future personal wireless service companies, including public and quasipublic agencies, using functionally equivalent personal wireless technology to collocate antennas, equipment and facilities on a telecommunications facility unless specific technical constraints prohibit said collocation. Applicant and other personal wireless carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructure and shall provide for equitable sharing of cost in accordance with industry standards.

(Ord. of 4-19-2001)

Appeals from any decision of the inspector may be taken by any person aggrieved or any official of the city affected by the decision of the inspector. Such right of appeal shall be the same as that afforded with any other zoning matter. Any decision denying a request to place, construct or modify a telecommunications facility shall be in writing and supported by substantial evidence in a written record. Any decision by the governing body denying or approving a request to place, construct or modify a telecommunications facility shall be in writing and supported by substantial evidence in a written record.

(Ord. of 4-19-2001)

Telecommunications facilities, including, without limitation, power source, ventilation and cooling, shall be operated at all times within the limits of the City of Fort Valley, and shall not be operated so as to cause the generation of heat that adversely affects a building occupant and shall not be maintained or operated in such a manner as to be a nuisance.

(Ord. of 4-19-2001)

All telecommunications facilities shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such facilities. If upon inspection by the inspector any such telecommunications facility is determined not to comply with the code standards or to constitute a danger to persons or property, then, upon notice being provided to the owner of the facility and the owner of the property if such owner is different, such owners shall have 30 days to bring such facility into compliance. In the event such telecommunications facility is not brought into compliance within 30 days, the city may provide notice to the owners requiring the telecommunications facility to be removed. In the event such telecommunications facility is not removed within 30 days of receipt of such notice, the city may remove such facility and place a lien upon the property for the costs of removal. Delay by the city in taking action shall not in any way waive the city's right to take action. The city may pursue all legal remedies available to it to ensure that telecommunications facilities not in compliance with the code standards or which constitute a danger to persons or property are brought into compliance or removed. The city may seek to have the telecommunications facility removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

(Ord. of 4-19-2001)

A.

Any telecommunications facility that is not operated for a continuous period of 12 months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it. The owner of a telecommunications facility and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications facility. If such antenna and/or tower is not removed within 60 days of receipt of notice from the city notifying the owner(s) of such abandonment, the city may remove such tower and/or antenna and place a lien upon the property for the costs of removal. The city may pursue all legal remedies available to it to ensure that abandoned telecommunications facilities are removed. Delay by the city in taking action shall not in any way waive the city's right to take action. The city may seek to have the telecommunications facility removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

B.

If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this ordinance as if such tower or antenna were a new tower or antenna.

(Ord. of 4-19-2001)

A.

All telecommunications facilities operative on April 19, 2001, the effective date of [this] ordinance, shall be allowed to continue their present usage as a nonconforming use and shall be treated as a nonconforming use. Routine maintenance, including replacement with a new tower or antenna of like construction and height, shall be permitted on such existing telecommunications facilities. New construction other than routine maintenance shall comply with the requirements of this ordinance.

B.

A telecommunications facility that has received city approval as of the aforementioned effective date of this ordinance in the form of either a building permit or special use exception, but has not yet been constructed or placed in operation shall be considered an existing telecommunications facility so long as such approval is current and not expired.

C.

Placement of an antenna on a nonconforming structure shall not be considered an expansion of the nonconforming structure.

(Ord. of 4-19-2001)

A.

Any person who attempts to erect or erects a telecommunications facility covered by this ordinance without having first obtained the necessary building permit, special use permit or variance in the manner provided in this ordinance shall be deemed in violation of this ordinance. Any responsible party or other persons convicted by a court of competent jurisdiction of violating any provision of this ordinance shall be guilty of violating a duly adopted ordinance of the city and shall be punished either by a fine not to exceed $1,000.00, or by imprisonment not to exceed 12 months or both. The court shall have the power and authority to place any person guilty of violation of this ordinance on probation and to suspend or modify any fine or sentence. As a condition of such suspension, the court may require payment of restitution or impose other punishment allowed by law.

B.

If any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this ordinance or without obtaining the required permits, or if any building, structure or land is used in violation of this article, the city attorney, in addition to any other remedies, may institute proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violations. Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues may be deemed a separate offense.

(Ord. of 4-19-2001)

Whenever the governing authority finds that the application of this ordinance would unreasonably discriminate among providers of functionally equivalent personal wireless services or prohibit or have the effect of prohibiting the provision of personal wireless services, a conditional use permit waiving any or all of the provisions of this ordinance may be granted.

(Ord. of 4-19-2001)