As used in this article, the following terms shall have the meanings indicated.

Alternative tower structure. Manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna array. Any exterior apparatus (rods, panels, discs, etc.) designed for telephonic, radio or television communication through the sending and/or receiving of electromagnetic waves. The antenna does not include the support structure defined below.

Attached wireless communication facility (attached WCF). An attached WCF is an antenna that is attached to an existing building or structure (attachment structure), which structures shall include, but not be limited to, utility poles, signs, and water towers, with any accompanying pole or device (attachment device) which attaches the antenna 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. Collocation/site sharing shall mean use of:

1.

A common WCF by two or more wireless license holders or by one wireless license holder for more than one type of communications technology;

2.

A common WCF-site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology; or

3.

The placement of a WCF on a structure owned or operated by a utility or other public entity (i.e., water tower, billboard, etc.).

Development standards. As used in herein, development standards shall mean those standards set forth in Section 10-4.

Equipment facility. An equipment facility is 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.

FAA. The Federal Aviation Administration.

FCC. The Federal Communications Commission.

Governing authority. The Mayor and City Council of the City of Hampton, Georgia.

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.

Planning and Zoning Commission. The Henry County Zoning Advisory Board.

Pre-existing towers and antenna arrays. Refer to Section 10-3 of this article.

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 same lot shall not preclude the installation of an existing antenna array or tower on such lot. For purposes of determining whether the installation of an antenna or tower complies with district development regulation, 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 article shall not be deemed to constitute the expansion of a nonconforming use or structure.

Public officer. The Hampton Zoning Administrator.

Review process. As used herein, review process shall mean those processes set forth in Section 10-6.

Setback. Setback shall mean the required distance from the property line of the parcel on which the WCF is located to the support structure base.

Support structure. Any structure designed and constructed primarily for the purpose of supporting one or more antenna arrays, including self-supporting lattice towers, guy tower or monopole towers. The term shall include radio and television transmission towers, microwave towers, common-carrier towers, PCS service towers, cellular telephone towers, alternative tower structures, and the like.

Temporary wireless communication facility (temporary WCF). Temporary wireless communication facility shall mean a WCF to be placed in use for 90 or fewer days.

Tower. See "support structure."

Wireless communications. Wireless communications shall mean any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless communications services, including cellular, digital communications services (DCS), personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, radio and television communications, and similar services that currently exist or that may in the future be developed.

Wireless communications facility (WCF). A WCF is any unstaffed facility for the transmission and/or reception of wireless communications services, usually consisting of an antenna array, connection cables, and equipment facility, and a support structure to achieve the necessary elevation.

(Ord. No. 457, § 1, 8-14-18)

A.

The purpose of this article is establish general guidelines for the siting of WCFs.

B.

The goals of this article are to:

1.

Provide a range of locations for WCFs in a variety of zones;

2.

Within each zone, provide clear performance standards addressing the siting of WCFs;

3.

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

4.

Encourage the location of WCFs on existing structures, including utility poles, signs, water towers, buildings, and other WCFs where feasible;

5.

Encourage collocation and site sharing of new and existing WCFs;

6.

Encourage users of towers and antennas to configure them in a way that harmonizes the visual impact of the towers and antennas with the existing natural and/or built environment;

7.

Facilitate the use of public property and structures for WCFs.

(Ord. No. 457, § 1, 8-14-18)

A.

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

B.

Amateur radio: Receive-only antennas. This article shall not govern any tower, or the installation of any antenna, that is under 35 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

C.

Pre-existing towers and antennas. Any tower or antenna having a properly issued permit prior to the effective date of this article shall not be required to meet the requirements of this article, other than the requirements of subsections 10-4(J) and (K). Any such towers or antennas shall be referred to in this article as "pre-existing towers" or "pre-existing antenna arrays.

(Ord. No. 457, § 1, 8-14-18)

The standards set forth in this section shall govern the location of all towers and the installation of all antennas. Should certain standards be contrary to applicable state and/or federal regulations or laws, such standards shall be subject to waiver or variance. Federal and/or state regulations shall apply. Further, the governing authority may act to waive these standards, after an administrative review, if it determines that the goals of this article are better served thereby.

A.

Height standards.

1.

Attached WCFs. Attached WCFs shall not add more than 20 feet in height to the existing building or structure to which it is attached (attachment structure).

2.

WCFs with support structures. The maximum height for a WCF shall be as follows:

B.

Setbacks.

1.

Attached WCFs. Antenna arrays for attached WCFs are exempt from the setback standards of this section and from the setbacks for the zone in which they are located. An attached WCF antenna array may extend up to eight feet horizontally beyond the edge of the attachment structure so long as the antenna array does not encroach upon an adjoining parcel.

2.

WCFs with support structures. The following setbacks requirements shall apply to all WCFs with support structures:

i.

In RA, R-1, R-2, R-3, R-4, PD, RD, RMH, MR-1, MR-2, OI, C-1, DT-MU, DT-RC, and MU districts, towers must be set back a minimum of fifty percent of tower height, plus one additional foot for each two feet of tower height in excess of 75 feet.

ii.

Towers must be set back a minimum of 25 feet from any property line in the C-2 zoning district. Where property abuts a residentially-zoned parcel, then the setback shall be a minimum of 50 percent of tower height, plus one additional foot for each two feet of tower height in excess of 75 feet.

iii.

Towers must be set back a minimum of 20 feet from any property line in C-3, M-1, and M-2 zoning districts. Where property abuts a residentially-zoned parcel, then the setback shall be a minimum of 50 percent of tower height, plus one additional foot for each two feet of tower height in excess of 75 feet.

C.

Landscaping and buffer requirements.

1.

WCFs shall be landscaped in accordance with the landscape requirements contained in Section 3-16, except for additional requirements stated herein.

2.

Landscaping and buffer requirements can be waived where the WCF applicant makes other means of screening the support structure base and adjacent equipment facilities (i.e., opaque fencing, etc.). The waiver shall be in writing by the Zoning Administrator pending an administrative review of development plans.

3.

Existing mature tree growth and natural land forms on the site shall be preserved to the extent feasible; provided, however, that vegetation that causes interference with the antennas or inhibits access to the equipment facility may be trimmed.

4.

Existing vegetation on site may be used in lieu of required landscaping where approved by the Zoning Administrator.

5.

Landscaping shall be confined to the leased area of the WCF wherever feasible.

6.

Additional landscaping and buffer requirements:

i.

In RA, R-1, R-2, R-3, R-4, PD, RD, RMH, MR-1, MR-2, DT-MU, DT-RC, and MU districts, a ten-foot perimeter buffer is required, with a minimum of one tree per 20 linear feet of buffer, with a minimum of 50 percent being shade trees. Retention of existing trees on-site in order to meet this requirement is encouraged. Grass or other ground cover species shall be planted on all areas of the buffer required which are not covered by other landscape material.

ii.

In all other districts, an additional ten-foot buffer shall be required, with landscaping provided according to subsection (C)(1).

7.

Maintenance. It will be the responsibility of the owner/tenant to keep all landscaping material (as part of the landscaped area) free from disease and properly maintained in order to fulfill the purpose for which it was established. The owners of the property, and any tenant on the property where buffers and landscaping are required, shall be jointly and severally responsible for the maintenance of all landscaping materials. Such maintenance shall include all actions necessary to keep the buffer and landscape areas free from litter and debris, to keep plantings healthy, and to keep planting areas neat in appearance. Any vegetation that constitutes part of the buffer or landscaping shall be replaced in the event it dies.

D.

Aesthetics, placement, materials and color.

1.

Attached WCFs shall have both antenna and supporting electrical and mechanical equipment that are of a neutral color 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.

2.

WCFs with support structures shall consist of towers with a galvanized steel finish, subject to any applicable standards of the FAA, in the C-3, M-1 and M-2 zoning districts. In all other zoning districts, WCFs with support structures shall consist of towers with a galvanized steel finish that, subject to any applicable standards of the FAA, shall be painted a neutral color, so as to reduce visual obtrusiveness. At a tower site, the design of the building 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. WCFs with support structures shall be of the monopole variety except when providers can document and demonstrate need for lattice-type towers.

E.

Separation requirement. In zoning districts other than C-2, C-3, M-1, and M-2, WCFs over 150 feet in height shall not be located within one-quarter of a mile from any existing WCF that is over 150 feet in height. This requirement may be waived upon evidence provided to Zoning Administrator by the applicant that the nearest tower cannot support any new antenna arrays.

F.

Lighting. All WCFs shall be lighted consistent with FAA regulations for tower illumination regardless of height. Any objection by the applicant based on FAA restrictions shall be presented in writing to the Zoning Administrator.

G.

Noise. No equipment shall be operated at a WCF so as to produce noise which would constitute a nuisance based on local or state laws, except in emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis, not to exceed 14 days. No generator shall be used for regular WCF operations prior to commercial power being delivered to the site.

H.

Security fencing. WCFs with support structures shall be enclosed by a security fence of neutral color not less than six feet in height. The support structure shall also be equipped with an appropriate anti-climbing device.

I.

Radio frequency emissions. The Federal Telecommunications Act or 1996 (FTA) gives the Federal Communication Commission (FCC) sole jurisdiction of the field of regulation of radio frequency (RF) emissions and WCFs which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts.

J.

Federal requirements. All WCFs must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority. If such standards and regulations are changed, then the owners of the WCFs governed by this article shall bring such antenna arrays and/or support structures into compliance with such revised standards and regulations within six months of the effective dates of such standards and regulations. Failure to bring WCFs into compliance with such revised standards and regulation shall constitute grounds for the removal of the WCF at the owner's expense by utilizing the bond required in Section 10-9.

K.

Structural integrity. To ensure the structural integrity of towers, the owner of a tower shall ensure it is maintained in compliance with standards contained in applicable local building codes and the Electronic Industries Association/Telecommunications Industries (EIA/TIA) 222 Revision F Standard entitled Structural Standards for Steel Antenna Towers and Antenna Supporting Structures (or equivalent), as amended from time to time. A letter stamped by an engineer certified in the State of Georgia shall be required stating that the WCF and support structure meets or exceeds all applicable requirements set forth herein. If, upon inspection, the governing authority concludes 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 tower's owner, 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 said 30 days, the governing authority may remove such tower at the owner's expense by utilizing the bond required in Section 10-8.

(Ord. No. 457, § 1, 8-14-18)

A.

General. The applicable development standards referred to herein are those set forth in Section 10-4.

B.

Attached WCFs.

1.

Attached WCFs in C-2, C-3, M-1, and M-2 districts that meet the development standards are permitted outright.

2.

Attached WCFs in C-2, C-3, M-1, and M-2 districts that fail to meet the development standards shall undergo an administrative review by the Zoning Administrator.

3.

Attached WCFs in all other zoning districts shall undergo an administrative review by the Zoning Administrator.

4.

Attached WCFs in all other zoning districts that fail to meet the development standards shall require a conditional use permit.

C.

WCFs with support structures.

1.

WCFs with support structures in C-2, C-3, M-1, and M-2 districts that meet the development standards are permitted outright.

2.

WCFs with support structures in all other zoning districts shall undergo an administrative review by the Zoning Administrator.

3.

WCFs with support structures in all zoning districts that fail to meet the development standards shall require a conditional use permit.

D.

WCFs on property owned, leased or otherwise controlled by the Hampton City Council, Henry County Board of Commissioners, Henry County Water and Sewerage Authority, Henry County Board of Education, or other local governments, pursuant to subsection 10-3(A) of this article, are permitted outright.

E.

Temporary WCFs for a term not to exceed 90 days, with a possible 90-day extension with approval of the Zoning Administrator, are permitted outright.

(Ord. No. 457, § 1, 8-14-18)

A.

Permitted outright. Where a WCF is permitted outright, only a building permit is required.

B.

Administrative review.

1.

Review of WCFs under this section will be conducted by the Planning and Zoning Commission upon application for a building permit for the WCF.

2.

Each applicant for administrative approval shall apply to the Zoning Administrator and provide the information set forth in subsection 10-6(D)(2) of this section (conditional use permit, information required) along with an administrative review fee of $350.00.

3.

The Zoning Administrator shall respond to each application within 45 days after receiving it by either approving or denying the application.

4.

In connection with any such administrative approval, the Zoning Administrator may, in order to encourage site sharing, administratively waive any zoning district setback requirement or landscape requirement by up to 50 percent.

5.

If an administrative approval is denied, the applicant may appeal said denial in accordance with the provisions of Section 12-9.

C.

Specific administratively approved uses. The following uses may be approved by the Zoning Administrator after conducting an administrative review:

1.

Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) that is less than 70 feet in height, so long as such addition does not add more than 20 feet to the height of the existing structure.

2.

Installing an antenna array on an existing tower of any height, including a pre-existing tower and further including the placement of additional buildings or other supporting equipment used in connection with said antenna.

3.

Installing an attached WCF pursuant to subsection 10-5(B)(2) and (3).

4.

Installing a WCF with support structure pursuant to subsection 10-5(C)(2).

5.

Modifications as stated in Section 10-10.

D.

Conditional use permit.

1.

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

i.

If the WCF is not a permitted use under subsections 10-5(B)(1), (C)(1), or (D); or not permitted to be approved administratively pursuant to subsections 10-5(B)(2), (3), (C)(2) or (E); then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all specified zoning districts.

ii.

In granting a conditional use permit, the City Council may impose conditions to the extent such conditions are deemed necessary to minimize any adverse effect of the proposed tower on adjoining properties.

2.

Information required. Each applicant requesting a conditional use permit under this article shall submit the following:

i.

Plans. The applicant shall submit a scaled 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 Planning and Zoning Commission or City Council to be necessary to assess compliance with this article; provided however, that the applicant need not retain a licensed landscape architect to prepare the landscape plan, and information regarding radio frequency coverage may be submitted by a qualified, but not licensed, radio frequency engineer retained or employed by the applicant. Any information of a structural engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer.

ii.

Inventory of existing sites. Each applicant for an antenna or tower shall provide to the Zoning Administrator an inventory of its existing towers that are either within the City limits or within one-quarter mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Administrator may share such information with other applicants applying for administrative approvals or conditional use permits under this article or other organizations seeking to locate antennas within the City limits; provided, however, the Zoning Administrator is not, by sharing this information, in any way representing or warranting such sites are available or suitable.

iii.

Collocation. Pursuant to goals in Section 10-1, each applicant shall provide a statement indicating intent to allow shared use of the tower and how others will be accommodated, if the height of the tower allows for said collocation.

3.

Reviewing bodies. Review of WCFs under this section will be conducted by the Planning and Zoning Commission and the City Council.

4.

Public notice. Notice shall be given for this review in accordance with the procedures established in Section 12-7.

5.

Hearing. The City Council shall render a decision on the conditional use request in accordance with procedures established in Section 12-5.

6.

Factors considered in granting conditional use permits. The Planning and Zoning commission and the City Council shall consider the following factors in determining whether to issue a conditional use permit, although either body may waive, reduce, or, in certain instances, increase the burden on the applicant on one or more of these criteria if either body concludes that the goals of its ordinance are better served thereby:

i.

Height of the proposed tower;

ii.

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

iii.

Nature of uses on adjacent and nearby properties;

iv.

Surrounding topography;

v.

Surrounding tree coverage and foliage;

vi.

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

vii.

Ability of the support structure and/or site for collocation with future wireless communications providers;

viii.

Proposed ingress and egress; and

ix.

Availability of suitable existing towers or other structure, as listed below in subsection (D)(7).

7.

Availability of suitable existing towers or other structures. No conditional use permit for a new tower shall be granted unless the applicant demonstrates to the reasonable satisfaction of the Planning and Zoning Commission and the City Council that no existing tower or structure can 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:

i.

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

ii.

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

iii.

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

iv.

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.

v.

The fees, 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 to be unreasonable.

vi.

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

vii.

Findings (denials). All denials rendered by the City Council under a conditional use permit shall be supported by written findings of fact and conclusions of law based upon evidence in the record.

viii.

Timing of decision. The City Council shall render its decision within 90 days of application, unless the Council can demonstrate that more time is reasonably required due to extenuating circumstances.

(Ord. No. 457, § 1, 8-14-18)

The applicant is responsible for notifying all adjacent residential property owners of their pending applications for the location of WCFs and for notifying all adjacent property owners for location of WCFs requiring a conditional use permit. The provider shall notify the necessary property owners no less than 15 days prior to the date of the public hearing for the conditional use permit and no less than seven days after the filing date for an administrative review by the Zoning Administrator. Notice shall be given in the form of a certified letter, with return receipts provided to the Zoning Administrator as evidence of notification. Other forms of notice shall be approved by the Zoning Administrator in lieu of the certified letter requirement.

(Ord. No. 457, § 1, 8-14-18)

A.

Notification. Each wireless communications provider shall notify the Zoning Administrator of their operational and non-operational WCFs at the end of the calendar year (December 31st). The Zoning Administrator shall maintain and update a list of these facilities for geographical information systems (GIS) purposes, and for use in collocation/site-sharing, and for taking necessary actions for the removal of abandoned facilities as established below.

B.

Removal of abandoned facilities. Any antenna or tower that is not operated for a continuous period of 90 days shall be considered abandoned, and the owner of such antenna or tower shall remove same within 30 days of receipt of notice from the City Council of such abandonment. 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.

C.

Bond required. The communications service provider, or the tower facility provider, shall provide a bond in the form of a letter of credit drawn on a Georgia bank with an amount of $20,000.00 to the Zoning Administrator for the removal of such structure for the lesser of the length of the lease (if applicable), including extensions, or, 20 years. Said bond shall be presented at the time of application for a building permit and shall be renewable at periods not to exceed five years.

(Ord. No. 457, § 1, 8-14-18)

WCFs in existence on the date of the adoption of this article which do not comply with the requirements of this article (nonconforming WCFs) are subject to the following provisions:

A.

Nonconforming WCFs may continue in use for the purpose now used, but may not be expanded without complying with this article, except as further provided in this section.

B.

Nonconforming WCFs may add additional antennas (belonging to the same carrier or other carriers) subject to administrative review in subsection 10-6(B).

C.

Nonconforming WCFs which are hereafter damaged or destroyed by less than 50 percent (of the replacement value) due to any reason or cause may be repaired and restored to their former use, location, and physical dimensions subject to obtaining a building permit therefore, but without otherwise complying with this article. A nonconforming WCF that is damaged or destroyed by more than 50 percent of the estimated replacement value shall be made conforming with this article unless waived by the public officer or the governing authority.

D.

The owner of any nonconforming WCF may replace, repair, rebuild, and/or expand such WCF in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities, or to upgrade the facilities to current engineering, technological, or communications standards, without having to conform to the provisions of this article, so long as such facilities are not increased in height by more than ten percent (cumulatively) and/or setbacks are not decreased by more than ten percent (cumulatively).

(Ord. No. 457, § 1, 8-14-18)

Modifications to existing facilities or pre-existing facilities which meet the requirements of this article.

A.

Minor modifications. Minor modifications to WCFs permitted under this article shall be approved under an administrative review by the Zoning Administrator (see subsections 10-6(B) and (C)). Minor modifications are as follows:

1.

The addition of no more than three antenna arrays to any existing WCF, so long as the cumulative effect of the addition of the antenna arrays adds no more than 25 feet in height to the WCF;

2.

An increase in height of the support structure which is no greater than ten percent;

3.

A decrease in setbacks by no more than ten percent.

B.

Major modifications. Major modifications to WCFs permitted under this article shall be approved subject to administrative review by the Zoning Administrator as stated in subsections 10-6(B) and (C). Major modifications are any modifications that exceed the definition of minor modification.

(Ord. No. 457, § 1, 8-14-18)

It shall be unlawful to violate or fail to comply with the requirements set forth in this article. Any person who violates or fails to comply with the requirements of this article shall be subject to a fine of not more than $1,000.00, confinement in the Henry County Jail for a term not to exceed 60 days, or both for each separate violation.

(Ord. No. 457, § 1, 8-14-18)