This article shall be known and may be cited as the "Telecommunication Towers and Antennas Ordinance."

This article is enacted for the purpose of safeguarding the public health, safety, and welfare by establishing general guidelines for the location and placement of antennas and towers. The goals of this article are to:

(i)

Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the city;

(ii)

Encourage strongly the joint use of new and existing tower locations;

(iii)

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

(iv)

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

(v)

Enhance the ability of the providers of telecommunication services to render such services to the community quickly, effectively, and efficiently.

The following definitions shall apply in the interpretation and enforcement of this article, unless otherwise specifically stated:

Alternative tower structure means manmade trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures.

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

Council means the City of Lovejoy city council.

City means the governmental entity of the City of Lovejoy, Georgia.

Department means the City of Lovejoy Department of Community Development.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means, 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 the highest point is an antenna.

Microcell means a telecommunication facility composed of no more than four antennas and no more than two equipment boxes. Microcell antennas may be either of a panel design having dimensions of approximately one foot in width and five feet in length, or of an omni (whip) design having dimensions of approximately four inches in diameter and six feet in length. Dimensions of such antennas may vary from operator to operator and as industry standards and designs are modified or revised.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term "tower" shall include, but not be limited to, the following: Radio and television transmission towers, microwave towers, common carrier towers, and cellular telephone towers.

a.

District height limitations. The requirements set forth in this article shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to such structures, as specified in each zoning district, shall not apply to antennas and towers.

b.

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

c.

Exceptions for amateur radio and receive-only antennas. This article shall not govern towers or antennas not exceeding 35 feet in height owned and operated by federally licensed amateur radio station operators. Additionally, this article shall not govern satellite dishes or other receive-only antennas used exclusively for television reception purposes.

d.

Pre-existing antennas and towers. Any tower or antenna for which a building permit has been properly issued, prior to the effective date of the ordinance from which this article is derived, shall not be required to meet the requirements of this article, other than the requirements of sections 1704(d) and 1704(e). Any such antenna or tower shall be referred to in this article as a "pre-existing antenna" or "pre-existing tower."

e.

Temporary towers and antennas. Antennas or towers to be temporarily located on property for a period not exceeding 60 days shall not require a conditional use permit. Provided, however, these temporary antennas or towers shall meet all other requirements of this article, in addition to the following conditions:

(1)

Prior to the erection or construction of any temporary antenna or tower, an application for a temporary permit shall be filed with the department. The department shall make recommendations to the council for approval or denial. All temporary permits shall be approved by the council;

(2)

The maximum height for any temporary antenna or tower shall be 70 feet;

(3)

The maximum number of temporary antenna or tower permits to be issued for a single location shall be one per year; and

(4)

Provisions that shall govern the application and consideration for issuing a temporary antenna or tower permit shall be the same as those considerations set forth in section 1705. Provided, however, the council may vary any of the provisions contained therein if the council concludes that the goals of this article are better served thereby.

a.

Principal or accessory use. Antennas and towers may be considered either a principal or accessory use. A different existing use or an existing structure on the same parcel of land shall not preclude the installation of an antenna or tower on such parcel. For the purposes of determining whether the installation of a tower or antenna complies with zoning district regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire parcel shall control, even though the antennas or towers may be located on leased property within such parcel. Antennas that are installed and towers that are constructed in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.

b.

Inventory of existing sites. Each applicant for a building permit to install or construct antenna and/or tower shall provide to the department an inventory of its existing antennas and towers that are either within the jurisdiction of the city or within one-quarter mile of the border thereof, including specific information about the location, height, and design of each antenna and tower. The department may share such information with other applicants applying for conditional use permits under this article, or other organizations seeking to locate antennas and/or towers within the jurisdiction of the city.

c.

Aesthetics; lighting. The guidelines set forth in this subsection shall control the installation of all antennas and the location of all towers governed by this article. Provided, however, that the council may waive or vary the terms of these requirements if it determines that the goals of this article are better served thereby.

(1)

Towers shall be constructed and maintained with either a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness;

(2)

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 facilities to the natural setting and built environment;

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall 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; and

(4)

Antennas and towers shall not be artificially lighted, unless required by the FAA or other applicable governmental authority. If lighting is required, the department may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

d.

Federal requirements. All antennas and towers shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate antennas and towers. If such standards and regulations are changed, the owners of the antennas and towers governed by this article shall bring such antennas and towers into compliance with such revised standards and regulations within six months of the effective date such standards and regulations. Provided, however, if a more stringent compliance schedule mandated by the controlling federal agency, owners of the antennas and towers shall be required to comply with the more stringent compliance schedule. Failure to bring antennas and towers into compliance with such revised standards and regulations shall constitute grounds for the removal of the antennas or towers by the department at the owners' expense. Any such removal caused by the department shall be in the manner, provided in O.C.G.A. §§ 41-2-8—41-2-17.

e.

Building codes; safety standards. To ensure the structural integrity of all antennas and towers, all owners of pre-existing antennas and towers, and owners of antennas and towers governed by this article, shall ensure that they are maintained in compliance with standards contained in the applicable city building codes and the applicable standards for antennas and towers that are published by the electronic industries association as amended from time to time. If, upon inspection, the department concludes that any antenna and/or tower fails to comply with such codes and standards, or constitutes a danger to persons or property, then, upon notice being, provided to the owner of the antenna or tower, the owner shall have 30 days to bring such antenna or tower into compliance with such codes and standards. If the owner fails to bring such antenna or tower into compliance within said 30 days, the department may cause the removal of such antenna or tower at the owner's expense. Any such removal by the department shall be in the manner, provided in O.C.G.A. §§ 41-2-8—41-2-17.

a.

General. The installation of all antennas and the location of all towers within the city shall require a conditional use permit for every zoning district. The following provisions shall govern the application and consideration for granting conditional use permits:

(1)

Conditional use permits shall be applied for and considered in accordance with article XIV of this appendix;

(2)

In considering a conditional use permit, the council may impose conditions to the extent the council concludes such conditions are necessary to minimize any adverse effect the proposed antenna or tower may have on adjoining properties; and

(3)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

b.

Information required. Each applicant requesting a conditional use permit under this article shall submit a scaled site plan, elevation view, and other supporting drawings, calculations, and documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements. Additionally, information may be required by the council concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and any other information deemed by the council to be necessary to assess compliance with this article.

c.

Factors considered in granting conditional use permits. The council shall consider the following factors in determining whether to issue a conditional use permit. Provided, however, the council may vary any of such factors if the council concludes that the goals of this article are better served thereby.

(1)

Height of the proposed antenna or tower;

(2)

Proximity of the antenna or tower to other structures and zoning district boundaries;

(3)

Nature of uses on adjacent and nearby properties;

(4)

Surrounding topography,

(5)

Surrounding tree coverage and foliage;

(6)

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

(7)

Availability of suitable existing antennas or towers and other structures;

(8)

Proximity of the antenna or tower to other antennas or towers; and

(9)

Such other and additional standards of review as are set forth in section 1506.

d.

Availability of suitable existing antennas, towers, or other structures. No new antennas or towers shall be permitted, unless the applicant demonstrates to the reasonable satisfaction of the council that no existing antenna, tower, or structure can accommodate the applicant's proposed antenna or tower. Evidence submitted to demonstrate that no existing antenna, tower, or structure can accommodate the applicant's proposed antenna, tower, or structure may consist of any of the following:

(1)

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

(2)

Existing antennas, towers, or structures are not designed to meet applicant's engineering requirements;

(3)

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

(4)

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;

(5)

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 for the purposes of this paragraph to be unreasonable;

(6)

Property owners or owners of existing towers or structures are unwilling to reasonably accommodate the applicant's needs; and

(7)

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

e.

Setback and separation. The following setback and separation requirements shall apply to all antennas and towers. Provided, however, the council may, in its sole discretion, grant a variance to reduce the standard setback and separation requirements if the goals of this article would be better served thereby.

(1)

Antennas and towers must be set back a distance equal to the height of the respective antenna or tower from the boundary line of any residential zoning district (effectively creating a buffer equal to the height of the antenna or tower); and

(2)

Antennas, towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements.

f.

Security fencing. Antennas and 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. Provided, however, that the council may vary such requirements, as it deems appropriate.

g.

Buffers and landscaping. The following requirements shall govern the buffers and landscaping surrounding antennas and towers. Provided, however, that the council may vary such requirements if the goals of this article would be better served thereby.

(1)

Antenna and tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the antenna or tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least 25 feet wide outside the perimeter of the compound;

(2)

Buffer reductions may be allowed when existing mature tree growth and natural land forms on site are preserved to the stances where such antennas or towers are located on large wooded lots, natural growth around the property perimeter may be a sufficient buffer; and

(3)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

h.

Conditional use permits not required. The following uses are specifically permitted without a conditional use permit:

(1)

Installing an antenna (excluding a microcell) on an existing alterative tower structure, or structure other than a tower (such as a building, sign, light pole, water tower, or similar freestanding non-residential structure), that is 50 feet in height or greater, so long as the additional antenna adds no more than 20 feet to the height of the existing structure;

(2)

Installing a microcell on an existing alterative tower structure, or non-residential structure other than a tower (such as a building, sign, fight pole, water tower, or similar freestanding structure), so long as the microcell adds no more than six feet to the height of the existing structure; and

(3)

Installing an antenna on any existing tower of any height, so long as the addition of the antenna adds no more than 20 feet to the height of the existing tower. Such specific permitted use shall also include the placement of any additional building or other supporting equipment used in connection with the antenna. Provided, however, the additional building shall be consistent in type of exterior material and quality of design and construction with any other building constructed upon the premises. The criteria relative to consistency with an existing building and to which existing building, if more than one building previously exists, shall be within the sole discretion of the department.

Removal of abandoned antennas, towers, or structures. Any antenna, tower, or structure that is not operated for a continuous period of 12 months shall be considered abandoned, and such antenna, tower, or structure shall be removed within 90 days of receipt of notice from the department notifying the owner of such abandonment. If such antenna, tower, or structure is not removed within 90 days, the department may, in the manner, provided in O.C.G.A. §§ 41-2-8—41-2-17, remove such antenna or tower at the owner's expense.