Fulton City Zoning Code
WIRELESS COMMUNICATION
FACILITIES
§ 155.185 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA ARRAY. One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). ANTENNA ARRAY does not include the support structure.
ATTACHED WIRELESS COMMUNICATION FACILITY (ATTACHED WCF). An antenna array that is attached to an existing building or structure (attachment structure), which structures shall include but not be limited to utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.
COLLOCATION/SITE SHARING. Use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.
EQUIPMENT FACILITY. Any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a buildout of an existing structure, pedestals, and other similar structures.
HEIGHT. The distance measured from ground level to the highest point on the WCF, including the antenna array.
SETBACK. The required distance from the property line of the parcel on which the WCF is located to the support structure.
SUPPORT STRUCTURE. A structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guy-wire-support tower and other similar structures or towers. Any device (attachment device) which is used to attach an attached WCF to an existing building or structure (attachment structure) shall be excluded from the definition of and regulations applicable to support structures.
TEMPORARY WIRELESS COMMUNICATION FACILITY (TEMPORARY WCF). A WCF to be placed in use for 90 or fewer days.
WIRELESS COMMUNICATIONS. Any personal wireless services as defined in the Telecommunications Act of 1996, as may be amended, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.
WIRELESS COMMUNICATION FACILITY (WCF). Any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation.
(Ord. 1140, passed 8-7-00)
§ 155.186 APPLICATION FOR WIRELESS COMMUNICATION FACILITIES.
(A) Any person desiring to construct, install development, attach or otherwise connect a WCF or antenna array in the city or within one mile of the corporate limits of the city shall complete an application in the form approved by the city and submit the completed application to the zoning enforcement office and must obtain a building permit. No new support structure shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that no existing support or structure can accommodate the applicant's proposed antenna array. Collocation/site sharing shall be preferred instead of construction and of a new support structure.
(B) Evidence submitted to demonstrate that no existing support or structure can accommodate the applicant's proposed antenna array may consist of any of the following:
(1) No existing support or structures are located within the geographic area required to meet applicant's engineering requirements.
(2) Existing support or structures are not of sufficient height to meet applicant's engineering requirements.
(3) Existing support or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(4) The applicant's proposed antenna array would cause electromagnetic interference with the antenna array on the existing support structures, or the antenna array on the existing support structures would cause interference with the applicant's proposed antenna array.
(5) The fees, costs, or contractual provisions required by the owner in order to share an existing support structure or to adapt an existing support or structure for sharing are unreasonable. Costs exceeding new support structure development and construction are presumed to be unreasonable.
(6) The applicant demonstrates that there are other limiting factors that render existing support and structures unsuitable.
(Ord. 1140, passed 8-7-00)
§ 155.187 RESTRICTIONS TO CONSTRUCTION TYPE AND SPACING OF NEW SUPPORT
Support structures for wireless communications facilities shall be of the monopole type construction, and shall be spaced a minimum of 1,000 feet from any other wireless communications facility support structure.
(Ord. 1140, passed 8-7-00)
§ 155.188 REQUIREMENT FOR USE OF PUBLIC FACILITIES AND SITES FOR LOCATION
The following sites shall be considered by applicants as the preferred order for location of proposed wireless facilities including antenna(e) array, equipment, and equipment shelters. As determined feasible, and in order of preference, the sites are:
(A) Publicly-used structures and sites. Attached to existing public facilities such as water towers, utility structures, fire stations, bridges, and other public buildings within all zoning districts;
(B) Collocation/site sharing on existing broadcast and relay towers or support structures;
(C) Industrial district sites;
(D) Business district sites;
(E) Single-family dwelling district, one-half acre single-family dwelling district, multiple family dwelling district; and
(F) Residential structures.
(Ord. 1140, passed 8-7-00)
§ 155.189 ZONING PERMITS REQUIRED.
For city-owned properties and industrial districts, attached WCFs and support structures are allowable with approved building permit and necessary agreements. All other districts require a special use permit as provided under the city's zoning code.
(Ord. 1140, passed 8-7-00)
§ 155.190 SPECIFY STANDARDS OF CONSTRUCTION.
(A) Height.
(1) Attached WCFs shall not add more than 20 feet height to the existing building or structure to which it is attached (attachment structure).
(2) Maximum allowable height for WCFs with support structures shall be 200 feet in industrial districts, 150 feet in business districts, and 100 feet in all other districts.
(B) Setback.
(1) Attached WCFs are exempt from any setback standards. An attached WCF antenna array may extend up to five feet horizontally beyond the edge of the attachment structure so long as the antenna array does not encroach upon an adjoining parcel.
(2) Minimum setback for WCFs with support structures shall be ten feet from the front and five feet from the side and rear lot lines in industrial districts, 20 feet from the front and ten feet from the side and rear lot lines in business districts, and 30 feet from all lot lines in all other districts.
(Ord. 1140, passed 8-7-00)