A.

Purpose. The purpose of this section is to reasonably regulate, to the extent permitted under Georgia and federal law, the installations, operations, collocations, modifications, replacements and removals of wireless telecommunications facilities in the City of McDonough, recognizing the benefits of wireless communications while reasonably protecting other important city interests, including the public health, safety and welfare, aesthetics and local property values. These regulations are intended to establish reasonable standards and requirements for the siting of wireless telecommunications facilities, including wireless towers, antennas and accessory equipment. It is the intent of these regulations to promote the health, safety and general welfare of the citizens of the City of McDonough by establishing an orderly process for regulating the siting of wireless telecommunications facilities while balancing the need for adequate service levels. Therefore, the purposes of this Section are to establish standards for the safe provision of wireless communication services consistent with state and federal law; to minimize the adverse visual impact of wireless telecommunications facilities through proper design, site placement, height limitation and screening and thereby retain the residential and traditional character of the city and maintain property values; and to encourage the shared use of wireless telecommunications facilities. In furtherance of these purposes, the city shall consider the comprehensive plan and future land use map, the zoning map, existing land uses, and environmental, residential, historic and other sensitive areas in approving the location and siting of wireless telecommunications facilities.

B.

Intent. It is the intent of this section to address the aesthetic effect of wireless telecommunications facilities on landscapes in the city, the visual impact of wireless telecommunications facilities on surrounding property owners, citizens' demands for these services, and the needs of service providers to close coverage gaps in service and provide greater capacity by implementing the following objectives:

1.

Minimize the adverse aesthetic effects of wireless telecommunications facilities through appropriate design, screening and location standards;

2.

Promote the siting of wireless telecommunications facilities in a manner such that potential adverse effects to the city and its residents are minimal in order to insure harmony and compatibility with surrounding land uses;

3.

Promote the location of wireless telecommunications facilities in areas where the adverse impact on the community is minimal;

4.

Promote the installation of wireless telecommunications facilities at locations where other such facilities already exist; and

5.

Promote the location and collocation of wireless communication equipment on existing structures thereby minimizing new visual, aesthetic, and public safety impacts.

C.

[Federal and state law.] Pursuant to federal and state law, including Section 704(a) of the Federal Telecommunications Act of 1996, it is not the intent of this section to:

1.

Prohibit or have the effect of prohibiting the provision of personal wireless services in the City of McDonough;

2.

Unreasonably discriminate among providers of functionally equivalent wireless communication services;

3.

Regulate the placement, construction or modification of wireless telecommunications facilities on the basis of environmental effects of radio frequency ("RF") emissions where it is demonstrated that the wireless telecommunications facility complies or will comply with the applicable FCC regulations;

4.

Prohibit, effectively prohibit or unreasonably delay collocations or modifications to existing wireless telecommunications facilities that the city is required to approve pursuant to federal and state law; or

5.

Require the location or siting of wireless telecommunications facilities on city-owned public property.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The provisions of this section shall apply to all applications to install, place, site, locate, collocate or modify any new or existing wireless telecommunications facility within the city. The provisions of this section are in addition to, and do not replace, any obligations a wireless telecommunications facility permit holder may have under any other permits issued by the city. Notwithstanding any other provision herein to the contrary, no wireless telecommunications facility may be installed, sited, located, collocated or modified within the public rights-of-way of the city. No person shall install, place, site, locate, or collocate a wireless telecommunications facility on any property, building or structure owned by the city without the city's separate and distinct agreement and conveyance of a property interest, such as an easement or license, to such party authorizing such use. Subject to the foregoing, the installation, placement, siting, location, or collocation of a wireless telecommunications facility on a city-owned property other than public right-of-way shall be exempt from regulation under this section.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Defined terms. When used in this section, unless the context indicates otherwise, the following terms shall have the meanings set forth below:

Accessory equipment. Any equipment serving or being used in conjunction with a wireless telecommunications facility, including, without limitation, utility equipment, power meters, power supplies, generators, batteries, cables, control boxes, and equipment cabinets, but excluding antennas, antenna arrays, antenna attachment devices, equipment shelters, storage sheds, antenna support structures and alternative support structures.

Amateur radio antenna. A radio communication facility operated for non-commercial purposes by an FCC-licensed amateur radio operator. The term "amateur radio antenna" shall include the antenna, electronic system and the structure it is affixed to for primary support.

Antenna. An apparatus, device or system of electrical conductors that transmits and/or receives electromagnetic waves, radio or other wireless signals used in the provision of all types of wireless communication services. Where the context permits, use of the term "antenna" shall also refer to the antenna concealment enclosure when such concealment enclosure is required by the applicable design standards.

Antenna array. A set of antennas and associated mounting hardware having transmission and/or reception elements extending in more than one direction or other similar appurtenances, which share a common attachment device such as a mounting frame or mounting support.

Antenna attachment device. Any pole, mount or device which attaches an antenna(s) or antenna array(s) to the roof or side of an existing building or other alternative support structure, such as an electrical transmission tower, light structure, utility pole, or other similar existing structure. Also referred to herein as a "mount".

Antenna, whip. A slim, vertically oriented, omni-directional antenna.

Attached wireless telecommunications facility or attached WTF. An antenna or antenna array that is attached to an existing building, electrical transmission tower, light structure, utility pole or other alternative support structure with an antenna attachment device, together with accessory equipment, mounted on the roof of or within the subject building, to or within the structure or pole, or on or under the ground proximate to the subject building, structure or pole, as applicable. Attached WTF's for which an existing building serves as the alternative support structure are:

1.

"Roof-mounted wireless telecommunications facility" - antenna(s) attached with antenna attachment device(s) to the roof of an existing building; and

2.

"Building-mounted wireless telecommunications facility" - antenna(s) mounted on the side of an existing building.

Base station. A station at a specific site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies and other associated electronics.

Broadband services. A fixed or mobile wireless terrestrial service that consists of the capability to transmit at a rate of not less than twenty-five (25) megabits per second in the downstream direction and at least three (3) megabits per second in the upstream direction to end users and in combination with such service provides: (a) access to the internet; or (b) computer processing, information storage, or protocol conversion.

Building-concealed wireless telecommunications facility. An attached wireless telecommunications facility designed and constructed as an existing architectural feature of an existing building in a manner such that the WTF is not discernible from the remainder of the building and is completely enclosed within the architectural feature. Building-concealed WTF's function as replacements of existing architectural features of a building that extend vertically above the roof of the building in order to position antennas at a greater height. Building architectural features employed as building-concealed WTF's include, but are not limited to, steeples, church spires, clock towers, bell towers and cupolas. The term "building-concealed wireless telecommunications facility" does not include in-building antennas and other wireless transmission equipment that are exempt from the permitting requirements of this section.

Cell on wheels or COW. A portable self-contained wireless telecommunications facility that can be moved to a location and set up to provide wireless communication services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

Collocation. The placement or installation of new wireless transmission equipment on a previously approved and constructed wireless tower or support structure on which there is an existing antenna in a manner that negates the need to construct a new freestanding support structure.

Concealed. The classification of a wireless telecommunications facility that is disguised, hidden, integrated as or as part of an existing or proposed structure, or placed and enclosed within an existing or proposed structure, and camouflaged and designed to be aesthetically compatible with existing and proposed building(s), structures, uses, and other site features, including natural and architectural features, located on the site and nearby properties, such that it is not readily identifiable as a wireless telecommunication facility by a casual observer, its presence is not apparent to a casual observer, or it is otherwise minimally visible to the casual observer in accordance with such other prescribed standard of visibility. A concealed WTF (i) is integrated as an architectural feature of an existing building such as a cupola; (ii) uses a design which mimics and is consistent with nearby natural, architectural or site features and is integrated as such a feature, such as a flagpole; or (iii) is attached to and, through the use of concealment techniques, is incorporated as part of an existing non-tower structure, such as utility poles or light structures. "Concealed" also refers to the effective employment of the foregoing design techniques in such a manner as to render a wireless telecommunications facility, or certain components or aspects thereof, minimally visible to the casual observer pursuant to a prescribed standard of visibility. The standard of visibility of a concealed WTF may be further prescribed by other guidelines, standards and regulations applicable to the subject type of WTF.

Coverage, service. The geographic area is reached by an individual wireless telecommunications facility.

DAS hub. An equipment shelter containing accessory equipment utilized in the deployment and operation of wireless DAS receive/transmit infrastructure that is located elsewhere, but typically does not have any DAS antennas located at such site.

Distributed antenna system or DAS. A network of one (1) or more antennas and related fiber optic nodes typically mounted to existing or proposed non-tower structures, such as utility poles or light structures. A DAS system typically consists of: (1) a number of remote communications nodes deployed throughout a certain coverage area, each including at least one (1) antenna for transmission and reception; (2) a high capacity signal transport medium (typically fiber optic cable) connecting each node to a central communications hub site (DAS hub); and (3) radio transceivers located at the hub site, rather than at each individual node (as is the case for small cells) to process or control the communications signals transmitted and received through the antennas. A DAS installation may be considered an attached WTF or concealed freestanding support structure for purposes of these regulations.

Electrical transmission tower. An electrical transmission tower used to support high voltage (110-kV and above) overhead electrical transmission lines.

Equipment cabinet. A cabinet, enclosure, pedestal, or other similar fixture that is used in association with a WTF to house or contain accessory equipment necessary for the transmission or reception of wireless communication signals. Also referred to as "equipment enclosure."

Equipment compound. A fenced area surrounding equipment shelters, equipment cabinets, storage sheds, and other ground-mounted wireless transmission equipment, and, if applicable, the framework (or base) of a wireless tower or stealth tower.

Equipment shelter. A small building, shed or similar structure that that is used in association with a WTF to shelter, store or house equipment cabinets and accessory equipment necessary for the transmission or reception of wireless communication signals.

FCC. The Federal Communications Commission.

Flush-mounted. The attachment of an antenna, equipment cabinet or other accessory equipment to the exterior (side) of an antenna support structure or alternative support structure (e.g., building, utility pole, or light structure) in a manner such that there is no visual separation between the support structure and wireless transmission equipment at the point of attachment or such that the wireless transmission equipment remains in close proximity, abreast and generally parallel to the exterior surface of the support structure, as applicable. Where a maximum distance related to such mounting is given, such distance shall be measured from the existing appurtenant edge of the antenna support structure or alternative support structure to the outside edge of the antenna or accessory equipment, as applicable. Unless otherwise prescribed, where no distance related to the flushmounting of accessory equipment is given or where flush-mounting is required to be provided such that there is no visual horizontal separation, the accessory equipment or antenna, as applicable, shall appear to a casual observer to be in direct contact with the exterior surface of the support structure. When an antenna housed within an antenna concealment enclosure is expressly allowed to be flush mounted to the top of a utility pole, light standard, or similar structure, there shall be no vertical separation between the utility pole and antenna concealment enclosure at the point of attachment, and the circumference of the antenna concealment enclosure shall be consistent with the subject structure's circumference at the point of attachment.

Geographic search area (GSA). A geographic area designated by a wireless carrier as the area within which to locate a new wireless telecommunications facility, produced in accordance with generally accepted principles of wireless telecommunications or radio frequency engineering.

Modification or modify. The improvement, upgrade, expansion, or replacement of existing wireless telecommunications facilities, including the installation or replacement of wireless transmission equipment associated with an existing wireless telecommunications facility.

Monopole. A cylindrical, self-supporting (i.e., not supported by guy wires) wireless tower constructed of a single spire.

OTARD antennas. Antennas covered by the "Over-the-Air Reception Devices" rule in 47 C.F.R. § 1.4000 et seq. as may be amended or replaced from time to time.

Propagation Study. A computer simulated model of how a wireless telecommunications facility should perform as part of a network or system. It gives an idea of the service coverage, dead-spots and performance of a proposed wireless telecommunications facility for planning purposes, as well as existing facilities for diagnostic and planning purposes.

Public right-of-way. A strip of land over which the city or the state has designated a right of use as a street, road, public thoroughfare or sidewalk for vehicular and/or pedestrian traffic.

Radio frequency engineer. An engineer with specialized training and/or experience in (i) the analysis and development of wireless telecommunications facilities and networks and (ii) electrical or microwave engineering, especially the study of radio frequencies.

Radome. A visually opaque, radio frequency transparent enclosure which may contain one or more antennas, cables, and related accessory equipment therein.

Repeater. A low power, mobile radio service wireless telecommunication facility used to extend service coverage of cell areas to areas not covered by the originating facility.

Residential. Pertaining to the use of land, means premises such as homes, townhomes, patio homes, duplexes, condominiums and apartment complexes, which contain habitable rooms for occupancy as a residence and which are designed primarily for living, sleeping, cooking, and eating therein.

Scenic view. A wide angle or panoramic field of sight or open space vista that may include natural and/or manmade structures and activities. A scenic view may be from a stationary viewpoint or be seen as one travels along a roadway, waterway, or path. A scenic view may be to a far-away object, such as a mountain, or a nearby object, or as part of an open space vista.

Screening or [to] screen. The use of design, existing buildings and structures, existing and proposed vegetation, foliage, and landscaping, existing and proposed manmade or natural site features, and color to obscure a wireless telecommunications facility.

Siting or [to] site. The method and form of placement of a wireless telecommunications facility on a specific area of a property.

Small cell facility or small wireless facility. A miniaturized, low power mobile radio service wireless telecommunication facility used to provide targeted capacity or service coverage. Small cell facilities are often employed to provide increased capacity in high call-demand areas or to improve service coverage to weak areas. Small cell facilities can consist of one or more radio transceivers, antennas, coaxial cable, power supply, and other associated electronics. Often, this type of wireless telecommunication facility will have all of the components, except for the coaxial cables and antennas, gathered in a self-contained protective housing, or attached separately to a support structure or alternative support structure. Small cell facilities are generally made up of an equipment enclosure and antenna and are often attached to an existing structure.

Stealth tower. A freestanding antenna support structure, together with attached wireless transmission equipment, designed with camouflaging methods that render the wireless telecommunications facility more visually appealing and compatible with the surrounding area and blend the wireless telecommunications facility into an existing visual backdrop. Through the use of structural designs and other camouflaging techniques that are compatible with the natural setting and surrounding structures, stealth towers, such as monopines (or other manmade trees) and unipoles (or slick sticks), are designed to blend into an existing visual backdrop and render the wireless telecommunications facility more visually appealing so as to make the facility less recognizable to the casual observer and reduce or mitigate the facility's potential adverse visual impacts on the surrounding area.

Structure, historic. A building or structure which has been formally designated as a historic property, building or structure as designated by the Georgia Historic Preservation Division of the Department of Natural Resources, the United States Department of the Interior, or the City Council, or which has sufficient historic merit so as to be listed as a contributing historic building on the city's historic resources inventory.

Support structure. Any structure on which one (1) or more antennas may be mounted. The term "support structure" is inclusive of "alternative support structure" and "antenna support structure".

Support structure, alternative. An existing structure that is not primarily constructed or designed for the purpose of supporting antennas, but on which one (1) or more antennas may be mounted. Alternative support structures include, but are not limited to, buildings (which may serve as alternative support structures for roofmounted WTF's, building-mounted WTF's, and building-concealed WTF's), utility poles, light structures, and electrical transmission towers. Alternative support structures have a primary, obvious function other than that of a WTF, and may be concealed or non-concealed.

Support structure, antenna. A structure constructed and designed to support antenna(s), antenna array(s), and certain accessory equipment for the primary purpose of accommodating antennas at a desired height, such as a wireless tower, stealth tower or concealed freestanding support structure.

Support structure, concealed freestanding. A clock tower, campanile, freestanding steeple, or other similarly designed freestanding support structure that conceals antennas as an architectural feature, or an alternatively designed freestanding antenna support structure that mimics or also serves as a common site feature, such as a flagpole or light structure, and in which the antenna, and the accessory equipment, are completely hidden from view. Concealed freestanding support structures designed as flagpoles or light standards are referred to herein as "faux flagpoles" or "faux light standards", respectively. Concealed freestanding support structures are designed to be aesthetically compatible with existing uses, building(s), and site features located on the site and nearby properties, such that they are not identifiable or recognizable to the casual observer as a wireless telecommunication facility in order to substantially reduce the facility's potential adverse visual impacts on the surrounding areas. Antenna support structures utilizing concealment elements but which are obviously not such a natural, architectural or site feature so as to render it unidentifiable or unrecognizable as a WTF to the casual observer, such as monopines, and other stealth towers, are not 'concealed freestanding support structures,' provided, however, a unipole or slickstick that is substantially similar in size, height, diameter and color as utility poles, light poles or other similar site features on the site and nearby properties, may be considered a 'concealed freestanding support structure.'

Tower, guy. A wireless tower supported, in whole or in part, by guy wires and ground anchors.

Tower, lattice. A guyed or self-supporting open frame wireless tower that has three (3) or four (4) sides.

Unipole. A uniformly tapered pole with one or more antennas and associated equipment and cables contained within the interior of the pole, and with a radome located at the top of the pole being the same width as the pole at the point of attachment.

Utility pole. An existing pole or structure owned or operated and in active use by a public utility, electric membership corporation or electric cooperative that is specifically designed and used to carry lines, cables, or wires for electricity, telephone, or cable television. A "utility pole" does not include streetlight or light structures, light poles, lamp posts, and other structures primarily designed and used to provide lighting. "Utility pole" includes electrical transmission structures or poles used to support lower voltage overhead electrical transmission lines but does not include "electrical transmission towers."

Wireless carrier or carrier. An entity that provides "personal wireless services" as defined in 47 U.S.C. § 332.

Wireless communications services. Wireless radio, data and/or telecommunications services, including cellular, telephone, television, microwave, analog, and digital services, "personal wireless services" as defined in 47 U.S.C. § 332, personal communication services, wireless broadband services, wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies, wireless utility monitoring and control services, and any other FCC licensed or authorized communications service transmitted over frequencies in the electromagnetic spectrum.

Wireless telecommunications facility" or "WTF. Any facility designed or intended to be used for transmitting or receiving electromagnetic waves, radio or other wireless signals or to otherwise provide wireless communications services, and usually consisting of wireless transmission equipment, including antenna(s) and accessory equipment, mounted to or supported by a wireless tower, antenna support structure, or alternative support structure. The following nonexclusive list shall be considered a wireless telecommunications facility: new, existing, and replacement wireless towers or other antenna support structures, wireless transmission equipment collocated on existing wireless towers or support structures, attached wireless telecommunications facilities, and small wireless facilities. Also referred to herein as a "wireless facility."

Wireless tower. A freestanding antenna support structure that is designed and constructed for the sole or primary purpose of supporting one (1) or more antennas, antenna array(s), and other wireless transmission equipment, including nonconcealed wireless towers, such as lattice towers, guy towers and monopoles, and stealth towers. The term includes, without limitation, tower structures that are constructed to provide wireless communications services, radio and television transmission towers, microwave towers, common carrier towers, cellular (cell) and digital telephone towers and the like.

Wireless transmission equipment. The set of equipment and network components, including antennas, antenna arrays, transmitters, receivers, base stations, power supplies, antenna attachment devices, mounts, cabling, equipment cabinets, other accessory equipment, and equipment shelters, used in connection with a support structure or antenna to provide wireless communication services, but exclusive of the underlying wireless tower, antenna support structure or alternative support structure.

B.

Construction of certain words and phrases. For the purposes of this section, the following rules shall govern the construction of the respective words and phrases used herein:

1.

Measurement of height. Unless otherwise expressly provided in this section, height shall be measured as follows:

a.

Antenna support structure: The height of an antenna support structure (i.e., wireless tower, stealth tower or concealed freestanding support structure) shall be measured as the vertical distance from the average finished grade adjacent to the perimeter of the base of [the] antenna support structure to the highest point of the antenna support structure, including any antenna or other wireless transmission equipment mounted thereto.

b.

Alternative support structure: The height of an alternative support structure other than a building (i.e., utility pole, light structure or electrical transmission tower) shall be measured as the vertical distance from the adjacent finished grade to the highest point of the alternative support structure, including any antenna or other wireless transmission equipment mounted thereto.

c.

Building: The height of a building shall be measured in the same manner as provided for "building height" in Section 17.08.020 of this code.

d.

Roof-mounted wireless telecommunications facility: The height of a roof-mounted WTF shall be measured as the vertical distance from the existing roof surface of the building (at the location where the antenna attachment device or mount is affixed) to the highest point of the roof-mounted wireless telecommunications facility, including any antenna positioned for operation. The height of accessory equipment, new architectural features, concealment enclosures or other approved screening features installed on the roof in association with the WTF shall be measured as the vertical distance from the existing roof surface of the building (at or below the location where such accessory equipment or screening features are affixed) to the highest point of such equipment or screening feature.

e.

Ground-mounted equipment cabinets: The height of a ground-mounted equipment cabinet shall be measured as the vertical distance from the adjacent finished grade to the highest point of the equipment cabinet or related concealment enclosure.

2.

Measurement of volume. Volume is a measure of the exterior displacement, not the interior volume of the enclosures. The measurements used to calculate the volume of an imaginary enclosure shall be based on the dimensions of rectangular cubes within which the antenna and its mount fit.

3.

Visibility. Unless otherwise expressly provided in this section, the visibility of a wireless telecommunications facility or wireless transmission equipment is based on the viewpoint of a casual observer, who is a person of ordinary sensibilities and intelligence, at ground level from the locations specified within this section. A wireless telecommunications facility (or wireless transmission equipment) is "visible" when its location or the manner in which it is sited is such that it is likely to be seen by a casual observer or its size, height, shape, color or material contrasts with other objects or features in the surrounding setting such that it is likely to be seen by a casual observer. A wireless telecommunications facility (or wireless transmission equipment) is "plainly visible" when the same stands out as an obvious or noticeable feature within its setting. A wireless telecommunications facility is "identifiable" when it is likely to be seen and recognized by a casual observer as a wireless telecommunications facility or something other than the structure or feature that it is designed to mimic.

4.

Adjacent property. An "adjacent property" shall refer to other properties that are contiguous to the subject property or which are only separated from the subject property by right-of-way.

5.

DAS and small cell facilities. References to DAS, small cell facilities or small wireless technologies, or to antennas, repeaters, equipment cabinets/pedestals, and other accessory equipment associated therewith, are intended to refer to wireless telecommunications facilities or wireless transmission equipment that are physically much smaller and less visible and can be placed at much lower elevations than macrocell antennas and accessory equipment, such that they can be more easily deployed with concealment enclosures and other concealment elements that blend with the non-tower support structure on or within which they are installed. The use of the terms "DAS", "small cell facility", or "small wireless technologies" herein is for the purpose of generally describing in prevailing industry terminology the type of wireless transmission equipment (in terms of its size, scale, design and feasibility for location on alternative support structures or concealed freestanding support structures) that is allowed for the subject type of wireless telecommunications facility. Such terms are used for the purpose of regulating the design standards of wireless telecommunications facilities in order to limit the aesthetic impact of such facilities. The use of such terms is not intended to regulate the technological or operational aspects of wireless transmission equipment.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Wireless telecommunications facility permit required. No wireless telecommunications facility shall be installed, placed, sited, located, collocated or modified without the issuance of a permit from the city in accordance with the provisions hereof, subject to certain exemptions set forth herein (a permit to install, place, site, locate, collocate or modify a wireless telecommunications facility, whether an administrative permit or a conditional use permit, is also referred to herein as a "WTF permit"). A WTF permit shall be required for each wireless telecommunications facility installation site. The complete removal of a wireless telecommunications facility shall not require a permit under this section; however, removal must be performed in strict compliance with this section and other applicable law.

1.

Administrative permits. Applications requesting administrative approval to install, place, site, locate, collocate or modify a wireless telecommunications facility shall be subject to the approval of the director, as further set forth herein. Subject to compliance with the regulations provided herein, the following types of wireless telecommunications facilities are authorized by administrative permit:

a.

Concealed attached wireless telecommunications facilities;

1)

Concealed roof-mounted WTF's;

2)

Concealed building-mounted WTF's;

3)

Building-concealed WTF's;

4)

Concealed attached WTF's mounted to utility poles; and

5)

Concealed attached WTF's mounted to light structures;

b.

Attached WTF's mounted to electrical transmission towers; and

c.

Concealed freestanding support structures.

2.

Conditional use permits. Unless authorized by administrative permit or expressly exempted from the WTF permit requirement, all other applications to install, place, site, locate, collocate or modify a wireless telecommunications facility shall be subject to the approval of a conditional use permit by the mayor and city council, as further set forth herein.

B.

Pre-application review. Prior to the submission of an application for a WTF permit, a person seeking to install or locate a new wireless telecommunications facility is strongly encouraged to have a voluntary pre-application meeting with the director, to review preliminary documents and graphic exhibits of the proposed WTF and discuss the application, location and design requirements for the proposed WTF. The primary purposes of the review are to streamline applications and reduce site plan and design revisions, as well as the multiple reviews associated therewith.

C.

Application for wireless telecommunications facility permit. Any person desiring to obtain a permit to install, place, site, locate, collocate or modify a wireless telecommunications facility shall make application to the community development department. All applications for a WTF permit shall be reviewed by the community development department. The submittal of an application for a WTF permit does not authorize the installation, location, collocation, modification or operation of the wireless telecommunication facility.

D.

Application contents. An application to install, site, locate, collocate or modify a wireless communication facility shall be made on a form(s) prepared by the community development department. The community development director is authorized to prepare application forms and may develop application forms that distinguish between different types of wireless telecommunications facilities, installations, collocations and modifications in order to streamline the processing of certain applications and to comply with legal requirements. An applicant for a wireless telecommunications facility permit (or such other approvals required herein) shall include such information and documents required by the subject application form, which shall generally include, but not be limited to, the information the mayor and city council requires for a planning and zoning decision, as well as the following:

1.

Project description: A written project description for the proposed wireless telecommunications facility that includes, but is not limited to, a general description of the existing land use setting, existing site features, the type of WTF proposed, visibility from public rights-of-way and properties with "For-Sale" dwelling uses, concealment elements and other design features, on- and off-site access, landscaping, and other components of the facility; the project description shall also provide the additional authorizations required for the installation, collocation or modification, and describe the steps that applicant has taken to comply with this section;

2.

Written narrative: A written and technically accurate and reliable narrative that explains the nature of the permit sought (new installation, collocation, or modification of an existing WTF) and that further states whether the applicant believes (and the basis therefor) that the WTF is subject to: (a) the provisions of 47 U.S.C. section 332(c)(7), and if so, who the entity is that will be providing personal wireless services; (b) O.C.G.A. § 36-66B-1, et seq. (the BILD Act), and if so, why its proposal fits each and every criteria set forth therein; and/or (c) 47 U.S.C. § 1455(a), and if so, why its proposal fits each and every criteria for a Section 6409(a);

3.

Property owner authorization: A letter of authorization from the property owner(s), including, to the extent allowed by law, the owner of any existing support structure for any proposed attached WTF or collocation, that demonstrates knowledge and acceptance of the applicant's proposed wireless telecommunications facility and use on the subject property;

4.

WTF owner/operator and wireless provider/carrier: The name of the respective parties that will own, operate and be responsible for the maintenance of the proposed WTF and the name of the wireless provider and/or carrier that such WTF will serve;

5.

Photo simulations and visual impact analysis:

a.

Photo simulations of the WTF, which show the proposed facility from at least four (4) directions within the surrounding area and depict the visibility of WTF from public right-of-way and other properties zoned or used for "For-Sale" dwelling use (the photo simulations shall include "before" and "after" renderings of the site, its surroundings, the proposed WTF and antennas at maximum height, and any other structures, vegetation, or topography that will conceal or screen the proposed WTF from visibility);

b.

Detailed drawings or renderings of the proposed WTF, which further provide the manner in which the proposed facility will be enclosed, camouflaged, screened, and/or obscured to meet the visibility requirements set forth herein; and

c.

Such other visual information, as necessary, to determine the visual impact of the proposed wireless telecommunications facility on the existing setting or to determine compliance with design standards established herein;

6.

Site plan and design specifications. Written explanation, drawings and scaled site plan providing the following:

a.

Description of the WTF's components and design (including dimensions, colors, and materials), including accessory equipment, equipment cabinets, and the number, direction, and type of antennas;

b.

The location and dimensions of the entire site area and the exact location of the support structure, ground-mounted wireless transmission equipment and equipment compound (if applicable) with proposed setbacks, buffers, access road improvements, and any proposed landscaping or other development or site features;

c.

Front, side, and rear elevation plans showing the proposed WTF, including the support structure, antennas, accessory equipment, and all ground-mounted wireless transmission equipment;

d.

Manufacturer specifications, schematics, renderings, and illustrations of the proposed design of the WTF, including, but not limited to, samples of colors and materials of any proposed concealment elements; and

e.

Land uses and zoning designations or adjacent properties;

7.

Certification from a professional civil and/or structural engineer (licensed in the State of Georgia) that the proposed antenna attachment device, antenna support structure and/or alternative support structure meet the applicable design standards for wind loads and have structural integrity to accommodate the proposed use;

8.

Such additional information is necessary for review to confirm compliance with the design requirements set forth herein, as reasonably determined and requested by the director; and

9.

Payment of the application and review fee as established from time to time by resolution of the mayor and city council or, to the extent authorized, by the director.

E.

Appeals. Notwithstanding any other provision of the UDC or City Code to the contrary, appeals of administrative decisions or determinations of the director regarding wireless telecommunications facilities, including denials of WTF permits and alleged errors in the enforcement or interpretation of the meaning of the provisions of this section, shall not be taken to or heard by the board of appeals. The appeal of a written administrative decision of the director, including the denial of a WTF permit, may be appealed to the mayor and city council. Any such appeal must be filed with the director within thirty (30) days of the date of the written decision being appealed. Failure to timely file such an appeal shall render the decision as a final decision. The decision of the mayor and city council in regard to a timely-filed appeal, as well as all other decisions of the mayor and city council pursuant to this section, shall be final. The provisions of this paragraph shall not apply to any request to locate a wireless telecommunications facility within or upon public right-of-way in the city or any decision related thereto.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The regulations set forth in this section apply to all wireless telecommunications facilities; provided, however, to the extent additional, conflicting or more detailed requirements are provided for specific types of wireless telecommunication facility in other subsections of this Section 17.140.000, such specific requirements and design standards shall govern.

A.

The wireless telecommunications facility shall comply with all applicable federal, state and local laws, statutes, regulations, rules and ordinances, including, but not limited to, building and safety codes. Wireless telecommunications facilities which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances.

B.

Wireless telecommunications facilities shall not be artificially lit except as follows:

1.

When required by the FCC or Federal Aviation Administration (FAA);

2.

Where such lighting currently exists on an alternative support structure, such as a light structure or utility pole;

3.

Where such lighting is required to assure human safety or protect the public health, safety or welfare as required or approved by the director of community development or the mayor and city council, as applicable; or

4.

Where such lighting is approved as part of the design for a concealed attached WTF or concealed freestanding support structure, such as a faux light structure.

C.

Wireless telecommunications facilities shall be designed and constructed to ensure that the structural failure or collapse of the antenna support structure or antenna attachment device will not create a safety hazard to adjoining properties, according to applicable federal regulations and standards which may be amended from time to time.

D.

Wireless telecommunications facilities shall not contain any signs for the purpose of commercial advertising; provided however, signs necessary to identify site identification or ASR (antenna structure registration) number, the owner, the party responsible for the operation and maintenance (including address and telephone number), to warn of danger, and to comply with applicable federal regulations are permitted. Such signage shall be limited to the smallest face area possible to be visible and legible at ground level.

E.

A wireless telecommunications facility, including any antenna or antenna array, that ceases operation for a period of twelve (12) consecutive months shall be determined to have been abandoned and shall be removed within ninety (90) days of such abandonment at the property owner's expense. It shall be the duty of both the property owner and the owner of the wireless telecommunications facility to notify the city in writing of any intent to abandon the use of the facility.

F.

A wireless telecommunications facility, including the antenna support structure, alternative support structure, and/or antenna attachment device, shall meet the applicable design standards for wind loads and have sufficient structural integrity to accommodate the proposed use, as certified by a professional engineer (licensed in the State of Georgia).

G.

Wireless telecommunications facilities shall not be located in a 100-year flood plain or delineated wetlands. Notwithstanding the foregoing, a wireless telecommunications facility may be located in the 100-year floodplain if all accessory equipment can be located above the 100-year flood level, subject to such wireless telecommunications facility's compliance with any and all other city ordinances, regulations and/or rules related to floodplain management, flood damage prevention, and flood hazard reduction.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The guidelines, standards and regulations set forth in this section regulate the location, siting, and design of wireless telecommunications facilities authorized by administrative permit. This subsection shall not apply to any request to locate a wireless telecommunications facility within or upon public right-of-way in the city, including, but not limited to, any request to install, place, site, or locate an attached wireless telecommunications facility on any electrical transmission tower, utility pole or light structure located within or upon any public right-of-way in the city.

A.

General guidelines and considerations for WTF's authorized by administrative permit.

1.

Compatibility with the existing setting; aesthetics; visibility. To ensure the compatibility with surrounding properties and to protect the aesthetics and character of the city, particularly districts and properties zoned or used for "For-Sale" dwelling uses, corridors of influence, and public places, all wireless telecommunications facilities subject to administrative approval shall be located, sited and designed so as to be compatible with the existing setting, to minimize the aesthetic and visual impact on surrounding properties, and to maintain the character and appearance of the subject area of the city, as further provided below.

a.

Location and siting: WTF's shall be located in areas where existing topography, vegetation, buildings, structures or other site features are available to screen, obscure and/or camouflage the proposed facility, and sited in a manner that utilizes such existing features to effectively screen, hide, and/or camouflage the proposed WTF. WTF's shall be located, sited and otherwise configured in a manner that minimizes adverse effects to the existing landscape and character of the subject area, with specific considerations given to the land uses, architectural design of buildings, and quality of development existing on or planned for the subject and surrounding properties.

b.

Design: WTF's shall be designed (in terms of size, scale, height, shape, style, color, texture, and materials) to blend in with the existing topography, vegetation, buildings, and structures on the project site as well as its existing setting. WTF's shall employ a design that is in harmony with the surrounding area in terms of size, mass, visual and physical impact, and that minimizes adverse aesthetic effects to surrounding properties, with specific design considerations as to the height, scale, color, texture, and architectural design of existing buildings, structures and other features located on the subject lot and surrounding properties. Further, the design of a WTF in terms of its size and scale shall consider the required screening of the WTF, including whether the size and scale of concealment enclosures or installed screening elements would create a greater visual impact than the WTF itself or otherwise not meet applicable screening, concealment or visibility standards. The colors and materials of a WTF shall blend into the predominant visual backdrop or the structure on which it is located and be compatible with existing screening features and/or proposed screening elements.

c.

Screening: WTF's shall be screened through the use of existing buildings and structures, existing and proposed vegetation/landscaping, and/or installed site features. Proposed site features shall comply with any and all other applicable provisions or requirements set forth in the Code governing the location and design of the subject site feature. Proposed vegetation/landscaping must be approved by the director.

2.

Concealment design requirements. Except as otherwise expressly provided herein, all wireless telecommunications facilities authorized by administrative permit shall be designed as a concealed WTF. Certain types of attached WTF's may only require partial concealment, such that the applicable design standards and requirements require that certain components of the WTF be fully concealed, such as antenna(s) or certain accessory equipment, while other components of the WTF are required to comply with a less restrictive standard or requirement, provided the overall design of the WTF meets the subject standard of visibility. Subject to and in accordance with the design standards and requirements applicable to the attached WTF, partially concealed antennas are allowed on certain utility poles and certain buildings, and non-concealed antennas are only allowed on certain electrical transmission towers.

3.

General location and design standards for ground-mounted equipment cabinets. Ground-mounted equipment cabinets shall be located in the rear or side yard or other areas of a property where existing topography, vegetation, buildings, structures or other site features are available to screen, hide, and/or camouflage the equipment cabinet(s). Except as otherwise expressly permitted or restricted pursuant to the specific design standards and requirements set forth in other paragraphs of this code applicable to the subject type of WTF, ground-mounted equipment cabinets shall be hidden and/or screened from visibility from public rights-of-way and adjacent properties with a "For-Sale" dwelling use in a manner that meets the prescribed standard of visibility applicable to the WTF. Groundmounted equipment cabinets shall be screened through the use of existing buildings, structures or site features or existing or proposed vegetation or landscaping. When further required to provide sufficient screening, site features, such as fences, walls or other similar screening features, that are compatible with the design (in terms of size, scale, shape, color, texture, and materials) of other existing site features and the style of architecture on the subject property and surrounding properties may be installed. Proposed site features shall comply with any and all other applicable provisions and requirements set forth in the UDC governing the location and design of the subject site feature. Unless sufficiently screened through the use of the foregoing techniques, ground-mounted equipment cabinets shall be painted, colored and textured or located within concealment enclosures designed to blend into the predominant visual backdrop. When a ground-mounted equipment cabinet cannot be located in accordance with the foregoing standards, such equipment shall be located in a flush-to-grade underground vault enclosure with flush-to-grade vents, or vents that extend no more than twenty-four (24) inches above the finished grade, screened from view from public right-of-way. Where an equipment compound is permitted for the subject type of WTF pursuant to the applicable design standards and requirements further set forth in this Section 17.140.060, such equipment shall be enclosed by fencing not less than six (6) feet in height. Except where access to the equipment compound is provided, a minimum ten-foot-wide landscape strip planted to buffer standards, as set forth in Article II of this code, shall be required on the exterior of all sides of the fence surrounding the equipment compound as a vegetative screen unless the city arborist determines that existing plant materials are adequate, or other existing site features fully screen the equipment from visibility. Such landscape strip shall be maintained in accordance with the landscape standards of this code. Fences shall comply with other applicable regulations of this code which are not in conflict with this section. Unless otherwise expressly provided herein, ground-mounted equipment cabinets and equipment compounds are subject to the setback requirements of the zoning district in which they are located. The foregoing standards and requirements regulating the location and design of ground-mounted equipment cabinets are intended to supplement the general guidelines and considerations set forth in the preceding subparagraphs of this paragraph A, as well as the specific design standards and requirements set forth in other paragraphs of this Section 17.140.60 governing the subject type of WTF.

4.

Exemptions from certain design requirements. When buffers are provided on the subject lot and the proposed WTF is located, sited and otherwise designed such that the WTF as proposed, and following a 6409(a) modification or as a result of future development on the subject lot, is not and would not be visible from any other lot or any public right-of-way within the city, an application for an administrative WTF permit shall be approved by the director without requiring the WTF to fully comply with other design standards and requirements applicable to the subject type of WTF.

B.

Standards for approval.

1.

Administrative approval. An application for wireless telecommunications facility authorized by administrative permit shall be approved by the director whenever the director determines that the proposed wireless telecommunication facility comports with applicable guidelines and fully complies with all regulations, standards and requirements applicable to the subject WTF. Compliance with the minimum requirements further set forth herein (i.e., requirements expressed in specific quantitative values, such as maximum height or antenna volume requirements) does not alone confer a right to issuance of an administrative permit; rather, a proposed wireless telecommunications facility must fully comply with all applicable regulations, standards and requirements, as determined by the director after consideration of the guidelines, factors for consideration and criteria set forth in this Section 17.140.060.

2.

Criteria for evaluating visual compatibility and compliance with standard of concealment/visibility. The general guidelines and factors for consideration set forth in this section shall be considered by the director when evaluating whether the proposed wireless telecommunications facility complies with the location, siting, and design standards and requirements applicable to the subject type of WTF. In addition to the aforementioned guidelines and factors for consideration, the following criteria shall be considered by the director when evaluating and determining whether the proposed wireless telecommunications facility is visually or aesthetically compatible and whether the WTF meets the applicable standard of concealment or visibility:

a.

Blending: Whether and the extent to which the proposed WTF blends into the surrounding environment, is architecturally compatible with existing buildings and structures, and is integrated into the predominant visual backdrop;

b.

Screening: Whether and the extent to which the proposed WTF is concealed or screened by existing or proposed topography, vegetation, buildings or other structures, including architectural features or site features located or proposed to be located thereon;

c.

Size and height: Whether and the extent to which the size and height of the proposed WTF is compatible with surrounding buildings and structures; and

d.

Location/siting: Whether and the extent to which the proposed WTF is located and sited so as to utilize existing natural or manmade features in the vicinity of the WTF, including topography, vegetation, buildings, or other structures, to provide the greatest amount of visual screening and blending with the predominant visual backdrop.

C.

Concealed roof-mounted and building-mounted wireless telecommunications facilities. The following regulations, standards and requirements govern the location, siting, and design of roof-mounted and building-mounted wireless telecommunications facilities.

1.

Allowed districts with administrative permit: C-1, C-2, C-3, OI, M-1, M-2, MR-75* and MU*.

*The MR-75 and MU districts are subject to the following conditions:

a.

MR-75 zoned properties. In the MR-75 district, concealed roof-mounted and building-mounted wireless telecommunications facilities may only be attached to an existing building or structure used (existing principal use) for a "For-Rent" dwelling building (apartment) use.

b.

MU zoned properties. In the MU district, concealed roof-mounted and building-mounted wireless telecommunications facilities may only be attached to an existing building or structure used (existing principal use) for an industrial, commercial, office or 'For-Rent' dwelling building (apartment) use.

2.

Standards and Requirements Applicable to Concealed Roof-Mounted and BuildingMounted Wireless Telecommunications Facilities:

a.

Setback. Concealed roof-mounted and building-mounted wireless telecommunications facilities are subject to the setback requirements of the zoning district in which they are located.

b.

eneral concealment elements. The antennas and roof-mounted accessory equipment of concealed roof-mounted and building-mounted wireless telecommunications facilities shall be concealed, camouflaged, screened, and/or obscured by, within or behind existing or proposed architectural features or concealment enclosures in such a manner so as to not be identifiable as a wireless telecommunications facility or visible from public rights-of-way and adjacent properties with "For-Sale" dwelling uses; provided, however, the antenna(s) of a concealed roof-mounted wireless telecommunications facility located on an existing building that is thirty-five (35) feet in height or greater, shall be concealed, camouflaged, screened, and/or obscured by, within or behind existing or proposed architectural features or otherwise sited and designed in such a manner so as to not be readily identifiable as a wireless telecommunications facility or plainly visible from public rights-of-way and adjacent properties with "For-Sale" dwelling uses. Wireless transmission equipment may be located within an existing cupola, steeple, or similar architectural treatment in order to screen the same from visibility. If existing architectural features are not sufficient to screen the antenna(s) and accessory equipment of a roof-mounted WTF or the accessory equipment of a building-mounted WTF, a parapet wall, cupola, roof screen, or other similar architectural feature that matches the existing architecture of the building, as determined and approved by the director, may be installed. Notwithstanding the foregoing, antennas for concealed building-mounted WTF's are required to be located within antenna concealment enclosures designed and camouflaged to blend in with the existing building as further set forth herein.

c.

Accessory equipment; equipment cabinets. Accessory equipment, including equipment cabinets/enclosures, located on the roof of a building and not otherwise screened by existing or installed architectural features shall be located within concealment enclosures designed to architecturally match the facade, roof, wall or other architectural features of the building, blend in with the existing structural design, color and texture of the building, and, if necessary for compatibility with the existing architectural style of the building, be stepped back from the facade of the building in order to limit the WTF's impact on the building's silhouette. Any newly created architectural feature designed to screen or enclose accessory equipment located on the roof shall not exceed twelve (12) feet in height, as measured from the existing roof surface of the building. Equipment cabinets may also be located on the ground in accordance with the standards set forth in Section 17.140.060(A)(3). An equipment compound conforming with the requirements set forth in Section 17.140.060(A)(3) may only be sited in the rear or side yard of the lot in locations consistent with existing utility areas of the subject lot.

d.

Roof-mounted and building-mounted WTF's, including newly created architectural structures or features designed to enclose or screen same, shall be compatible with the architectural style, color, texture, facade design, and materials of the building, and shall be proportional to the scale and size of the building. Antennas and accessory equipment mounted to the roof of the building shall not protrude beyond the exterior walls of the building.

e.

Cables that are located on the side of the building shall be enclosed in conduit finished to match the materials and color of the building. Cables and conduit shall not be located on a façade of the building that is adjacent to a street or public right-of-way.

3.

Additional design standards and requirements for concealed roof-mounted wireless telecommunications facilities.

a.

Type and height of antenna. No antenna, other than a whip antenna, or newly created architectural feature designed to screen shall exceed twelve (12) feet in height. The antenna of a concealed roof-mounted wireless telecommunication facility shall not protrude above required screening and other architectural features so as to be visible, except as follows:

1)

Whip antennas, provided that the whip antenna does not exceed fifteen (15) feet in height, no more than fifty (50) percent of the whip antenna is visible, and the visible portion of such whip antenna is no greater than two (2) inches in diameter;

2)

Panel antenna(s) located on an existing building that is thirty-five (35) feet in height or greater, which are not otherwise screened by existing or installed architectural features, provided that the antennas are designed, colored and textured to match the facade, roof, walls or other architectural features of the building in order to blend in with same or otherwise camouflaged, designed and sited to blend in with the predominant visual backdrop such that the antenna(s) conforms to the subject visibility standard; and

3)

Antennas located within antenna concealment enclosures designed or camouflaged in a manner such that the wireless telecommunications facility conforms to the subject visibility standard.

b.

The antenna(s) of concealed roof-mounted WTF's may only be mounted to an existing pitched, gabled or mansard roof if such a mount operates to completely screen the roof-mounted WTF from visibility from the public right-of-way and adjacent properties.

4.

Additional design standards and requirements for concealed building-mounted wireless telecommunications facilities:

a.

Type and height of antenna. Only antennas enclosed within an antenna concealment enclosure shall be authorized for a concealed building-mounted wireless telecommunication facility. Antennas and their concealment enclosures shall be flush mounted to the building (with no visual horizontal separation) and shall not extend or project more than eighteen (18) inches outside of the building's silhouette unless architectural features camouflage, screen or obscure same. Antenna concealment enclosures shall be compatible with the architectural style, color, texture, façade, and materials of the building, and appear as an integral part of the building. Antenna concealment enclosures shall not interrupt architectural lines of building facades, including the length and width of the portion of the façade on which mounted. Antennas and their concealment enclosures shall not extend vertically above the height of the building.

D.

Building-concealed wireless telecommunications facilities. The following regulations, standards and requirements govern the location, siting and design of building-concealed wireless telecommunications facilities:

1.

Allowed districts with administrative permit: C-1, C-2, C-3, OI, M-1, M-2, MR-75* and MU*

*The MR-75 and MU districts are subject to the following conditions:

a.

MR-75 zoned properties. In the MR-75 district, building-concealed wireless telecommunications facilities may only be attached to an existing building or structure used (existing principal use) for a "For-Rent" dwelling building (apartment) use.

b.

MU zoned properties. In the MU districts, building-concealed wireless telecommunications facilities may only be attached to an existing building or structure zoned and used (existing principal use) for an industrial, commercial, office, or "For-Rent" dwelling building (apartment) use.

2.

Standards and requirements applicable to building-concealed attached wireless telecommunications facilities:

a.

Existing building. Building-concealed wireless telecommunications facilities may only be located on existing buildings containing steeples, church spires, clock towers, bell towers or cupolas.

b.

Maximum height. The height of a building-concealed wireless telecommunications facility shall not exceed the height of the existing architectural feature (e.g., steeple, church spire, clock tower, bell tower or cupola) that it is designed to replace by more than twenty-five (25) percent; provided, however, the height of a building-concealed WTF designed as a cupola may exceed the height of the existing cupola that it is designed to replace by up to four (4) feet when the subject building is at least thirty-feet (35) feet in height or greater. The height of the existing architectural feature shall be measured from the location where the roof surface of the building and base of the existing architectural feature meet to the highest point of the existing architectural feature. Height of the building concealed WTF is measured from the location where the roof surface of the building and base of the existing or new (replacement) architectural feature meet to the highest point of the new architectural feature in which the antenna is concealed.

c.

Setback. Building-concealed wireless telecommunications facilities are subject to the setback requirements of the zoning districts in which they are located.

d.

Design standards and concealment elements.

1)

A building concealed WTF, including antenna(s) and accessory equipment, shall be fully enclosed by a new (replacement) architectural feature installed to replace an existing architectural feature of like kind; provided, the following exceptions shall be permitted:

(a)

Equipment cabinets may be located on the ground in accordance with the standards set forth in Section 17.140.060(A)(3). An equipment compound conforming with the requirements set forth in Section 17.140.060(A)(3) may be sited in the rear or side yard of the lot in locations consistent with existing utility areas of the subject lot; and

(b)

Cables may be enclosed in conduit and located on the sides of the architectural feature in which the building-concealed WTF is enclosed and/or the building to which the building-concealed WTF is attached, provided conduit shall be finished to match the materials, texture, and color of the architectural feature and building, as applicable. Cables and conduit shall not be located on the front/façade of the building or architectural feature.

2)

A building concealed WTF shall be designed as a replacement of an existing architectural feature of a building in such a manner so as to not be identifiable as a WTF by a casual observer. The design of the building concealed WTF shall be compatible with the architectural style, color, texture, façade, design, and materials of the existing (original) architectural feature and building on which it is located.

3)

The width of a building concealed WTF shall not increase the width of the existing building or create building features that protrude beyond the exterior walls of the building.

4)

A building concealed WTF shall not increase the habitable floor area of the building on which it is located.

E.

Concealed attached WTF's mounted to utility poles or light structures. The following regulations, standards and requirements govern the location, siting, and design of concealed attached WTF's mounted to existing utility poles or light structures which are not located within public right-of-way:

1.

Allowed districts with administrative permit: C-1, C-2, C-3, OI, M-1, M-2, MR-75 and MU.

2.

Standards and requirements applicable to concealed attached WTF's mounted to utility poles or light structures.

a.

Allowed utility poles. Attached WTF's may only be attached to existing utility poles supporting aerial (overhead) telephone and electric distribution lines that are at least thirty (30) feet in height.

b.

Allowed light structures. Attached WTF's may only be attached to freestanding light structures that are at least twenty-five (25) feet in height.

c.

Prohibited structures. Attached WTF's are not permitted to be attached to the following types of light fixtures:

1)

Antique or decorative light fixtures or lampposts;

2)

Post-top lights (post top luminary fixtures); and

3)

Traffic control devices, including, but not limited to, traffic signal poles or supports.

Further, compliance with the requirements and standards set forth in this section shall not authorize or permit the location of a wireless telecommunications facility within or upon public right-of-way in the city (see Section 17.140.100), or upon any property or light structure owned by the city.

d.

Minimum height location of antennas. Antenna(s) shall be mounted on the alternative support structure at a height of fifteen (15) feet or more above grade. Pole-mounted equipment cabinets/enclosures shall be mounted on the alternative support structure at a height of ten (10) feet or more above grade.

e.

Wireless transmission equipment. Only antennas, repeaters, equipment cabinets or pedestals, and other accessory equipment associated with DAS or small cell facilities may be installed in association with the attached WTF, subject to compliance with other design requirements set forth herein.

f.

Cables. Cables shall be enclosed in conduit flush mounted to the utility pole or light structure. Conduit shall be finished to match the materials, texture, and color of the subject utility pole or light structure and positioned on the utility pole or light structure so as to be screened from view from public rights-of-way.

3.

Additional design standards and requirements for attached WTF's mounted to utility poles.

a.

General concealment elements. The size, shape and orientation of antenna(s) and accessory equipment mounted to a utility pole shall be consistent with the size, shape and orientation of existing utility equipment installed on the subject utility pole and other utility poles in the nearby area. Such antenna(s) and accessory equipment shall be painted, textured, and designed in a manner consistent with the utility pole's style, color, texture and materials and otherwise camouflaged and designed to blend in with the existing utility pole such that the attached WTF is no more readily apparent or plainly visible from public rights-of-way or adjacent property with a "for-sale" dwelling use than the existing utility equipment located on the utility pole. Further, if the utility pole is visible (at ground level) from any property with a "for-sale" dwelling use, antennas shall be concealed or screened by means of canisters, radomes, shrouds or other similar concealment enclosures, which shall be flush-mounted to the utility pole and painted, textured, and designed in a manner consistent with the utility pole's style, color, texture and materials and otherwise camouflaged and designed to blend in with the existing utility pole.

b.

Type of antennas; maximum number. No type of antenna other than a panel antenna, whip antenna, or antenna enclosed within a canister, radome, shroud or other similar antenna concealment enclosure may be mounted to a utility pole. No more than (a) one (1) whip antenna and (b) three (3) panel antennas or three (3) antenna concealment enclosures (mounted on the side of the pole) may be attached to a utility pole. Alternatively, no more than one (1) canister, radome, shroud or other similar antenna concealment enclosure may be mounted at the top of the utility pole, as set forth below.

c.

Mounting of antennas. Antennas shall be flush-mounted. A panel antenna, together with its mount, shall not extend horizontally from the utility pole more than the width of existing pole-mounted equipment (on the subject utility pole) with the same orientation, or more than three (3) feet, whichever is less. Panel antennas shall not extend vertically above the height of the utility pole. When flush-mounted to the side of the utility pole, a whip antenna, together with its mount, may extend horizontally up to eighteen (18) inches from the utility pole, and the whip antenna, exclusive of its mounts, may extend vertically up to three (3) feet above the height of the utility pole. Alternatively, the base of a whip antenna may be flush-mounted (without vertical separation) to the top surface of the utility pole but shall not extend vertically above the height of the utility pole by more than three (3) feet. For any canister, radome, shroud or other similar antenna concealment placed at the top of the pole, the base of such canister, radome, shroud or other similar antenna concealment enclosure shall be flush-mounted (without vertical separation) to the top surface of the utility pole and shall not extend vertically above the height of the utility pole by more than three (3) feet.

d.

Maximum size of antennas. A non-enclosed panel antenna shall be no larger than one (1) foot in width and two (2) feet in length. A whip antenna shall be no larger than two (2) inches in diameter and five (5) feet in length.

e.

Maximum antenna volume. In addition to the foregoing size limitations, each antenna located on the utility pole shall either be (a) located within a canister, radome, shroud or other similar antenna concealment enclosure that is no more than three (3) cubic feet in volume, or (b) if the antenna is not enclosed within an antenna concealment enclosure, capable of fitting within an enclosure (i.e., an imaginary enclosure) that is no more than three (3) cubic feet in volume. The aggregate volume of actual concealment enclosures and/or imaginary enclosures of all antennas located on the utility pole, including any pre-existing antennas, shall not exceed six (6) cubic feet in volume.

f.

Accessory equipment; equipment cabinets. All pole-mounted accessory equipment, other than cables, conduit, and power meters and switches (and similar equipment installed by an electric utility) shall be located in equipment cabinets or other equipment enclosures. Pole-mounted equipment cabinets and enclosures shall be flush-mounted to the side of the utility pole. The dimensions of a pole-mounted equipment cabinet/enclosure shall not exceed thirty (30) inches in height (length), twenty-four (24) inches in width, and eighteen (18) inches in depth. The volume of all pole-mounted and ground-mounted equipment cabinets and enclosures associated with wireless transmission equipment located on the utility pole, including pre-existing wireless transmission equipment located on the utility pole, shall not exceed seventeen (17) cubic feet.

4.

Additional design standards requirements for attached WTF's mounted to light structures.

a.

General concealment elements. Antenna(s) and pole-mounted accessory equipment of an attached wtf mounted to a light structure shall be designed, camouflaged, screened and obscured from view in order to render the attached WTF as visually inconspicuous as possible. Such antenna(s) and accessory equipment shall be painted, textured, and designed in a manner consistent with the light structure's style, color, texture and materials and otherwise camouflaged and designed to blend in with the existing light structure in order to render the attached WTF as visually inconspicuous as possible, such that it is not readily identifiable or plainly visible from public rights-of-way or adjacent property with a "for-sale" dwelling use. Antennas shall be concealed or screened by means of canisters, radomes, shrouds or other similar concealment enclosures, which shall be flush mounted to the top of the light structure and painted, textured, and designed in a manner consistent with the light structure's style, color, texture and materials and otherwise camouflaged and designed to blend in with the existing light structure.

b.

Type of antennas. Only panel antennas or antennas enclosed within a canister, radome, shroud or other similar antenna concealment enclosure may be mounted to a light structure. No more than (a) three-panel antennas or antenna concealment enclosures mounted to the side of a light structure or (b) one (1) antenna concealment enclosure vertically mounted to the top of a light structure shall be attached to a light structure. No light structure shall contain both types of antenna mounts.

c.

Mounting of antennas. Panel antennas and antenna concealment enclosures mounted to the side of a light structure shall be flush mounted with minimal visual horizontal separation and without extending vertically above the height of the light structure. Antenna attachment devices shall not extend horizontally from the light structure's pole more than the width of the pole at the location of attachment. Canisters, radomes, or similar antenna concealment enclosures that are vertically mounted shall be flush-mounted (without vertical separation) to the top of the pole and shall not extend vertically above the height of the light structure by more than three (3) feet. The canister, radome or similar antenna concealment enclosure shall be designed and camouflaged to appear as an integral part of the existing pole to which it is attached. If the diameter of an antenna concealment enclosure is greater than the diameter of the top end of the pole, the antenna concealment enclosure must be tapered in a manner consistent with the style of the subject pole. Antennas shall not be mounted to the mast arm or luminary of a light structure.

d.

Maximum size of antennas. The diameter of a canister, radome or similar antenna concealment enclosure that is mounted to the top of a pole shall not exceed the diameter of the existing pole at its mid-point. The depth and width of panel antennas and antenna concealment enclosures mounted to the side of a light structure shall not exceed the minimum width of the pole at the location of attachment by more than fifty (50) percent and the length of such panel antennas and antenna concealment enclosures shall be no greater than two (2) feet.

e.

Accessory equipment; equipment cabinets. Cable and conduit shall be located inside the pole and not attached to the exterior. All accessory equipment, other than antenna concealment enclosures, cables, conduit, and power meters and switches (and similar equipment installed by an electric utility), shall be located in equipment cabinets or similar enclosures. Equipment cabinets and enclosures shall be flush mounted to the side of the light structure. The height (length) and depth of a pole-mounted equipment cabinet/enclosure shall not exceed twenty-four (24) inches and ten (10) inches, respectively, and the width of a pole-mounted equipment cabinet/enclosure shall not exceed twelve (12) inches or the minimum width of the pole at the location of attachment by more than fifty (50) percent, whichever is greater. The volume of all pole-mounted equipment cabinets/enclosures associated with wireless transmission equipment located on the light structure, including pre-existing wireless transmission equipment located on the light structure, shall not exceed six (6) cubic feet. To the extent ground-mounted equipment cabinets/enclosures are permitted in accordance with Section 17.140.060(A)(3) hereof, the volume of all pole-mounted and visible groundmounted equipment cabinets/enclosures associated with wireless transmission equipment located on the light structure, including pre-existing wireless transmission equipment located on the light structure, shall not exceed seventeen (17) cubic feet.

F.

Attached WTF's mounted to electrical transmission towers. The following standards and requirements regulate the location, siting, design, and height of attached WTF's mounted to electrical transmission towers:

1.

Allowed districts with administrative permit. All districts.

2.

Minimum height of alternative support structure. Non-concealed attached WTF's may only be mounted to electrical transmission towers with a height of fifty (50) feet or taller, as measured from finished grade. If the height of the electrical transmission tower is less than fifty (50) feet, only concealed attached WTF's may be mounted to such structure.

3.

Design standards and requirements applicable to non-concealed attached WTF's mounted to electrical transmission towers.

a.

If the electrical transmission tower is eighty (80) feet or more in height, as measured from finished grade, the attached wireless telecommunications facility, including any antenna(s) or antenna array(s), may be mounted to the top of the electrical transmission tower and extend up to ten (10) feet above the height of such electrical transmission tower.

b.

If the electrical transmission tower is less than eighty (80) feet in height, the attached wireless telecommunications facility, including any antenna(s) or antenna arrays, shall not extend vertically above the height of the electrical transmission tower by more than five (5) feet.

c.

Antenna(s), antenna array(s), and any other accessory equipment attached to the electrical transmission tower shall be painted and textured to match the color and texture of the electrical transmission tower.

d.

Ground-mounted equipment cabinets shall be located and designed in conformity with Section 17.140.060(A)(3) or located within an equipment compound complying with the requirements set forth in this code hereof and set back a minimum of twenty (20) feet from the boundaries of the public utility easement.

4.

Design standards and requirements applicable to concealed attached WTF's mounted to electrical transmission towers less than fifty (50) feet in height. Only concealed attached WTF's may be attached to an existing electrical transmission tower less than fifty (50) [feet] in height. Concealed attached WTF's mounted to electrical transmission towers less than fifty (50) [feet] in height require an administrative permit and are required to comply with the design standards applicable to concealed attached WTF's mounted to utility poles, as set forth in subject to the following exceptions:

a.

Pole-mounted equipment cabinets may have dimensions up to forty-eight (48) inches in height, twenty-eight (28) inches in width, and twenty (20) inches in depth.

G.

Concealed freestanding support structures. The following standards and requirements regulate the location, siting, design and height of concealed freestanding support structures:

1.

Allowed districts with administrative permit:

a.

Concealed freestanding support structure to exceed district height: OI, M-I and M-2; and

b.

Concealed freestanding support structure not to exceed district height: All other nonresidential districts, subject to the following:

2.

Location, setback and height requirements.

a.

Maximum height.

1)

OI, M-1 and M-2 districts. The height of a concealed freestanding support structure located in the L-I or O-I districts shall not exceed the following maximum heights, as measured above:

(a)

Clock tower, campanile, freestanding steeple, or other similarly designed freestanding support structure that conceals antennas as an architectural feature: Eighty (80) feet;

(b)

Faux flagpoles: Sixty (60) feet; and

(c)

Faux light structures: Forty (40) feet or as otherwise limited by applicable design standards set forth in other provisions of this code or the City Code.

2)

Nonresidential and AG districts. The height of a concealed freestanding support structure, as measured above, located in any other nonresidential district or AG district shall not exceed the maximum building or structure height allowed for the subject district or, if otherwise prescribed, the maximum height allowed for the subject type of structure feature in accordance with other applicable provisions of this code or the City Code.

b.

Setback. Concealed freestanding support structures must be set back from the property line of any other property with a "for-sale" dwelling use a minimum distance equal to the height of such concealed freestanding support structure. Concealed freestanding support structures and accessory equipment are further subject to the setback requirements of the zoning district in which they are located and/or required by existing conditions of zoning, or which are otherwise applicable to the subject type of structure in accordance with other provisions of this code.

3.

Concealment elements and design standards.

a.

General. Concealed freestanding support structures shall fully conceal all wireless transmission equipment, including antenna(s), and may either be designed as an architectural feature or as a structure that mimics a common site feature, such as a faux flagpole or faux light structure, in which the antenna and accessory equipment shall be fully enclosed and completely hidden from view. Concealed freestanding support structures shall be located and designed to be aesthetically compatible with existing uses, building(s), and site features located on the site and nearby properties in such a manner so as not to be reasonably identifiable or recognizable to the casual observer as a wireless telecommunication facility.

b.

Freestanding architectural feature.

1)

A concealed freestanding support structure designed as an architectural feature may be designed as a clock tower, bell tower, campanile, freestanding steeple, or other similarly designed freestanding architectural feature so as to substantially reduce the WTF's potential adverse visual impacts on the surrounding areas. The design of the concealed freestanding support structure shall be compatible with the architectural style, color, texture, facade, design, and materials of the principal building of the lot on which located and other structures located thereon. In order to ensure visual and aesthetic compatibility with the existing buildings and structures located on the subject property and nearby properties, a concealed freestanding support structure designed as an architectural feature shall require the review and approval of a certificate of design approval by the design review board prior to the issuance of an administrative permit hereunder.

2)

All accessory equipment for a concealed freestanding support structure designed as an architectural feature shall be located within the concealed freestanding support structure.

c.

Faux flagpole.

1)

The pole of a faux flagpole shall be tapered in a manner consistent with the style of other flag poles. The diameter of a faux flagpole that is less than fifty (50) feet in height shall not exceed eight (8) inches at its mid-point. The diameter of a faux flagpole that is more than fifty (50) feet in height shall not exceed twelve (12) inches at its mid-point.

2)

No more than one (1) faux flagpole shall be located on any lot or common development.

3)

The faux flagpole shall be located on the property in a manner that is compatible with the location of similar site features on the subject property and other properties in the surrounding area.

4)

Antenna(s) shall be fully concealed within the pole or through the use of canisters, radomes, or similar antenna concealment enclosures flushmounted (without vertical separation) to the top of the pole. A canister, radome, or similar antenna concealment enclosure shall not exceed the diameter of the pole at its mid-point and shall be designed and camouflaged to appear as an integral part of the flagpole. If the diameter of an antenna concealment enclosure is greater than the diameter of the top end of the pole, the antenna concealment enclosure must be tapered and may not exceed three (3) feet in length. Further, the hoist side of the flag shall be required to span the length of any such antenna concealment enclosure. The flag used on a faux flagpole shall comply with other provisions of this code governing flags.

5)

Accessory equipment shall either be fully enclosed and concealed within the faux flagpole or placed within a ground-mounted equipment cabinet complying with Section 17.140.060(A)(3). An equipment compound conforming with the requirements set forth in Section 17.140.060(A)(3) may only be sited in the rear or side yard of the lot in locations consistent with existing utility areas of the subject lot.

d.

Faux light structure.

1)

A faux light structure shall be designed as a replacement of an existing light structure located on the same property so as to substantially reduce the WTF's potential adverse visual impacts on the surrounding areas. The design of a faux light structure, including the design of the pole and any attached light arms, shall be consistent with the size, shape, style, and design of the existing light structure on the property that it is designed to replace/mimic. A faux light structure shall not exceed the height of the existing light structure that it is designed to replace by more than five (5) feet.

2)

The faux light structure shall be sited at the same location as the existing light structure that is being replaced.

3)

Antenna(s) shall be fully concealed within the pole of the faux light structure or by the use of radomes that do not exceed the circumference of the pole at the location of attachment.

4)

Accessory equipment shall either be fully enclosed and concealed within the faux light structure or placed within a ground-mounted equipment cabinet complying with Section 17.140.060(A)(3).

H.

Variances. Notwithstanding any other provision of this code or the City Code to the contrary, no request for a grant of relief from or a variance or exception to any regulation, standard or requirement set forth in this Section 17.140.00 may be heard or acted upon by the board of zoning appeals. Further, subject to the limited exemption set forth in Section 17.140.060(A)(4), no administrative variances to any requirement of this Section 17.140.060 shall be permitted except for variances to prescribed setback requirements, as herein provided. Provided the proposed WTF meets the standard of visibility, the director shall be authorized to grant variances from setback requirements for up to twenty (20) percent of the prescribed setback requirements of this code. Except for the foregoing, any person seeking to install, place, site, locate, collocate or modify an attached wireless telecommunications facility or concealed freestanding support structure that does not fully comply with the applicable standards and requirements set forth in Section 17.140.060 shall be required to submit an application for a conditional use permit in accordance with Section 17.140.070. The additional application, procedural and other requirements for any such request and the factors to be considered in granting or denying such a request are set forth in paragraphs B, C, and D of Section 17.140.070. The provisions of this paragraph shall not apply to any request to locate a wireless telecommunications facility within or upon public right-of-way in the city or any decision related thereto.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The procedures, standards, minimum requirements and standards of approval set forth in this section govern the installation, placement, siting, location, collocation and/or modification of wireless towers, including stealth towers, and the wireless transmission equipment associated therewith, which may only be allowed in certain zoning districts pursuant to the approval of a conditional use permit. Additionally, the procedures and standards for approval set forth in this section govern the installation, placement, siting, location, collocation or modification of concealed attached WTF's, attached WTF's mounted to electrical transmission towers, and concealed freestanding support structures that do not fully comply with the administrative permit standards.

A.

Wireless towers and stealth towers.

1.

Allowed districts with conditional use permit: O-I, C-2, C-3, M-1, M-2, and CUP*.

*The CUP districts are subject to the following conditions:

a.

CUP zoned properties: Wireless towers may only be allowed as a conditional use on lots in the CUP district that are zoned and used (existing principal use) for an industrial, commercial, office, semi-public, or "for-rent" dwelling building (apartment) use.

2.

Prohibited in downtown overlay. Wireless towers are prohibited in the downtown overlay.

3.

Minimum requirements.

a.

Wireless towers must be set back from any off-site residential building or structure a minimum distance equal to the height of the wireless tower.

Additionally, wireless towers must be set back from any public right-of-way a distance equal to fifty (50) percent of the height of the wireless tower.

b.

A wireless tower shall be designed as a stealth tower or monopole.

c.

The height of a wireless tower shall not exceed one hundred and sixty (160) feet.

d.

The wireless tower and all ground-mounted wireless transmission equipment, including equipment shelters and equipment cabinets, shall be located within an equipment compound enclosed by fencing not less than six (6) feet in height and equipped with an appropriate anti-climbing device. The equipment compound shall be subject to the setback requirements of the zoning district in which it is located.

e.

Landscaping shall be designed in such a way as to preserve existing mature growth and to provide in the determination of the city arborist, a suitable buffer of plant materials that mitigates the view of the wireless tower and wireless transmission equipment from surrounding properties. Additionally, a minimum ten-foot-wide landscape strip planted to buffer standards, as set forth in Article II of the UDC, shall be required on the exterior of all sides of the fence surrounding the equipment compound, except where access to the equipment compound is provided, as a vegetative screen unless the City of McDonough Arborist determines that existing plant materials are adequate. Such landscape strip shall be maintained in accordance with this code.

f.

A fifty-foot heavy planted landscape buffer shall be required along all property lines adjoining property zoned or used for a "for-sale" dwelling use. Additionally, if the subject property is zoned AG, a fifty-foot heavy planted landscape buffer shall also be required along all public rights-of-way. Use of natural topography and preservation of existing vegetation within a fifty-foot buffer, which may be supplemented by new vegetation, if needed, may be substituted for the above requirements when found by the director to provide screening at the appropriate density, depth and height. Landscaping shall be maintained for the life of the project.

B.

Attached wireless telecommunications facilities and concealed freestanding support structures not meeting administrative standards.

1.

Purpose and intent. The purpose of this paragraph B is to provide a procedure for the review of an application to install, place, site, locate, collocate or modify a wireless telecommunications facility that generally comports with the design standards and guidelines set forth in this code, but fails to fully comply with all guidelines, standards and requirements set forth therein, such that the wireless telecommunications facility is not permitted by administrative permit. Any such application shall be subject to the review and approval of a conditional use permit by the mayor and city council in accordance with the standards for approval set forth in paragraph C below.

2.

Allowed districts with conditional use permit. See this code for allowed districts based on the subject type of wireless telecommunications facility.

3.

Minimum requirements.

a.

The wireless telecommunications facility must be sited and designed as a concealed attached wireless telecommunications facility (concealed roofmounted WTF, concealed building-mounted WTF, building-concealed WTF, concealed attached WTF mounted to utility pole, concealed attached WTF mounted to light structure), attached WTF mounted to electrical transmission tower, or concealed freestanding support structure that generally comports with the design standards and guidelines set forth in this code.

b.

The maximum height of the attached WTF or concealed freestanding support structure shall not exceed the maximum height allowed pursuant to this code by more than twenty-five (25) percent.

c.

Relief from setback requirements shall not exceed fifty (50) percent of the applicable requirement.

C.

Additional application requirements for conditional use permits. In addition to the application requirements set forth in this code hereof, an applicant applying for a conditional use permit shall further provide the following:

1.

A scaled site plan which shall clearly indicate:

a.

Cable/electrical elements to be utilized;

b.

Parking;

c.

Current and proposed on-site land uses and zoning of the property;

d.

Land uses and zoning designations of adjacent properties;

e.

Distance from the nearest edge of the support structure and all related equipment to historic structures or scenic views within one (1) mile of the proposed site;

f.

Adjacent roadways and proposed means of access to the site;

g.

Proposed setbacks and buffers from adjacent property lines; and

h.

Topography of the proposed site, including any existing streams, wetlands and floodplains or similar features.

2.

Legal description of the lot and leased parcel (if applicable), for which the conditional use permit is to apply.

3.

If applicant contends that the wireless telecommunications facility is required to close a significant gap in service coverage or capacity, an engineering study which includes a current and a future definition of the area of service coverage, capacity and radio frequency goals for voice and data (delineated individually and combined) to be served by the antenna or support structure and the extent to which such antenna or support structure is needed for service coverage and/or capacity of the subject wireless carrier. The study shall include the following information:

a.

A description of the applicant's/wireless carrier's current wireless tower locations/sites within a two-mile radius of the proposed site, to include the types and kinds of services, service coverage, capacity and radio frequencies provided by the wireless carrier's antenna located thereon;

b.

All other currently proposed wireless tower locations/sites of the applicant/wireless carrier within a two-mile radius of the proposed site for which an application or registration has been filed or submitted to another local government or the FCC;

c.

The locations of other antennas of the wireless carrier currently proposed for collocation on other existing wireless towers of other owners or wireless carriers within a two-mile radius of the proposed site for which an application or registration has been filed or submitted to another local government or the FCC by, or on behalf of, the applicant and/or wireless carrier;

d.

All existing wireless tower locations and sites of other owners or wireless carriers located within the geographic search area (GSA) that were considered by the applicant/wireless carrier as alternatives to the proposed siting;

e.

Other locations within the geographic search area (GSA) that were considered by the applicant/wireless carrier as alternatives to the proposed siting;

f.

An analysis and color propagation study of the current usage and service coverage in the service area, including detailed service coverage maps indicating lack of service coverage (coverage gaps), and the projected or anticipated service coverage of the proposed wireless telecommunications facility.

The propagation study shall include a map showing the carrier's existing facilities, existing coverage or capacity area, and the proposed coverage or capacity area at varied antenna heights. The study shall also provide justification that the proposed height of the wireless tower or other wireless telecommunications facility is the minimum necessary to achieve the required service coverage delineated in the study. If a capacity issue is involved, an analysis of the current and projected usage in the GSA shall be included. If applicant contends that the wireless telecommunications facility is required due to a coverage or capacity issue for in-home, in-building or transitory use, the analysis shall describe the service coverage/capacity currently existing for such use and the anticipated service coverage/capacity of the proposed wireless telecommunications facility shall be provided. The study shall bear the signature and certification of a radio frequency engineer that the information provided in the application is true and correct.

4.

A curriculum vitae shall be provided for the radio frequency engineer who certifies any documentation provided as part of the application for a WTF. Information shall include education obtained in the area of radio frequency engineering, and experience in the field, including length of time.

5.

An engineer scaled drawing providing the distance between (a) the nearest edge of the proposed wireless tower or other wireless telecommunications facility and the nearest off-site residential building or structure and (b) the nearest point of any proposed accessory equipment of the wireless telecommunications facility and the nearest off-site residential building or structure.

6.

Photos depicting the results of a balloon test of the wireless tower.

7.

Certification that the wireless telecommunications facility, including the foundation and all attachments, are designed and will be constructed to meet all applicable and permissible local codes, ordinances, and regulations, including any and all applicable county, state and federal laws, rules, and regulations, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. Structural integrity analysis shall be provided where antennas and equipment will be attached to an existing structure. Such certification and structural integrity analysis shall bear the signature and seal of a professional engineer (licensed in the State of Georgia) and shall include the design plans.

8.

Written documented, detailed analysis of the impact of the proposed wireless telecommunications facility/use addressing the factors specified in paragraph D below.

9.

Evidence of compliance with applicable FAA requirements under 14 C.F.R. Section 77, as amended, which may include a copy of the FAA determination letter of no hazard, or a written statement prepared and signed by a professional airspace safety consultant.

10.

Copies of the National Environmental Policy Act (NEPA) and the State Historic Preservation Office (SHPO) reports on the proposed wireless telecommunications facility, if any have been issued.

11.

Copy of the Federal Communications Commission (FCC) license applicable for the intended use of the wireless telecommunication facility.

12.

Documentation establishing whether a stealth tower is to be proposed, and if not, an explanation as to why not.

13.

Analysis of possibilities of collocation or the inability to collocate, including any studies and detailed reasons as to why collocation is not possible and proof of the following: (a) all collocation sites and other alternative sites in the area that are/were being pursued and whether use of such sites has been denied; (b) the ability or inability to site an attached WTF by using existing structures; and (c) all actions taken by the applicant to achieve collocation or site an attached WTF to an existing structure.

14.

A written statement providing whether the proposed WTF is engineered and constructed to accommodate additional antennas or antenna arrays and whether the applicant consents to the future collocation of other wireless carriers on the proposed wireless tower.

15.

In addition to the non-refundable application fees (as established by the mayor and city council), an applicant requesting a conditional use permit for a wireless tower shall be responsible for an additional fee equal to the city's actual, direct costs for the review of the engineering study (provided pursuant to paragraph 4 above) by a third-party consultant (radio frequency engineer), which shall not exceed three thousand five hundred dollars and zero cents ($3,500.00). The applicant shall submit a deposit of two thousand dollars ($2,000.00) toward the fee to be paid pursuant to this section with its application.

D.

Consideration of conditional use permits. Compliance with the minimum requirements set forth in paragraph A or B of this section does not alone confer a right to issuance of a conditional use permit. In regard to an application for a conditional use permit for a wireless telecommunications facility (i) the planning commission shall, after public hearing and consideration of the criteria set forth below, adopt a recommendation of approval, approval with conditions, or denial of the conditional use permit, and (ii) the mayor and city council shall, after public hearing and consideration of the criteria set forth below, approve, approve with conditions, or deny the conditional use permit. Notwithstanding any other provision of this code to the contrary and in lieu of the conditional use standards set forth in Code, in determining whether to approve, approve with conditions, or deny an application for a conditional use permit for a wireless telecommunications facility, the mayor and city council shall consider the following criteria:

1.

Proximity and impact, if any, on residential districts, properties with 'For-Sale' dwelling uses, and historic structures/properties, including the visual and aesthetic impact of the wireless telecommunications facility;

2.

Impact on the use of adjacent properties and surrounding areas;

3.

Visibility from public rights-of-way, particularly corridors of influence, minor arterials, collector streets, and local streets;

4.

Demonstrated need for the wireless telecommunications facility at the specified site, including need for service coverage or additional capacity;

5.

Demonstrated need for the proposed height of the wireless telecommunications facility;

6.

Topography, tree coverage and foliage of the area where the wireless telecommunications facility is to be located that buffer or screen the potential visual impact of the support structure and wireless transmission equipment;

7.

Design of the wireless telecommunications facility, with particular reference to design characteristics which have the effect of reducing or eliminating visual obtrusiveness, including consideration of stealth towers and concealed WTF's;

8.

Proposed ingress and egress;

9.

Availability of suitable existing wireless towers or other support structures for collocation or for siting an attached WTF, so as to not require the construction of additional wireless towers or other antenna support structures;

10.

Other alternative sites;

11.

Collocation capability (i.e., whether the WTF is engineered and constructed to accommodate additional antennas or antenna arrays) and whether applicant intends to allow, accept, and accommodate collocation in the future;

12.

Whether the proposed wireless telecommunications facility will impede the normal and orderly development of surrounding property for uses predominant in the area; and

13.

Whether the location and siting of the proposed wireless telecommunications facility is considered to be consistent with a desirable pattern of development for the city, in general.

E.

Variances.

1.

An application for a variance or exception to the minimum requirements applicable to wireless telecommunications facilities subject to the approval of a conditional use permit may only be heard and acted upon by the mayor and city council following the recommendation of the planning commission. Any such variance or exception must be requested as part of the conditional use application and shall be heard by the planning commission and decided by the mayor and city council as part of the public hearing process related to the conditional use application. If the conditional use is denied, the variance/exception may not be approved. If the conditional use is approved, with or without conditions, action may then be considered on the proposed variance/exception. Any request to change or modify the conditions of an approved conditional use permit or to modify an existing wireless telecommunications facility that is not otherwise exempt pursuant to this code or subject to administrative approval, shall require an application for a conditional use permit. Notwithstanding any other provision of this code or the City Code to the contrary, no grant of relief from or variance or exception to the requirements applicable to a wireless telecommunications facility subject to the approval of a conditional use permit shall be heard or acted upon by the board of appeals.

2.

Variances or exceptions shall be limited to relief from the following requirements of this code:

a.

Maximum height of the WTF;

b.

Minimum setback; and

c.

Minimum buffer.

A variance or exception to a height limitation shall not exceed twenty (20) percent of the maximum height allowed pursuant to the applicable provision of this code. Further, a variance or exception to minimum setback or buffer requirements shall not exceed fifty (50) percent of the minimum setback or buffer required pursuant to the applicable provision of this code or this code.

3.

When a proposed wireless telecommunications facility is recognized as potentially appropriate pursuant to the criteria set forth in paragraph D, the mayor and city council may grant a variance or exception only upon a showing by applicant, as found by the mayor and city council, of the following:

a.

There are extraordinary and exceptional conditions pertaining to the property where the wireless telecommunication facility is to be located as a result of its size, shape or topography, which are not applicable to other lands in the area; and

1)

The application of the particular provision of this code to the property will result in a hardship that is substantially unwarranted by the protection of the health, safety or general welfare of the community and the need for consistency among all properties similarly zoned; and

2)

Granting the variance will not confer any special privileges to the applicant which are inconsistent with the limitations upon other properties similarly zoned or which are denied to others similarly situated, or otherwise confer to applicant any advantage over similarly zoned properties or others similarly situated; and

3)

Granting the variance would not violate more than one (1) standard of this section; and

4)

Relief, if granted, is the minimum necessary to alleviate such unnecessary hardship and will not otherwise serve as a mere convenience to the applicant; and

5)

Relief, if granted and with necessary conditions imposed, would be in harmony with the general purpose and intent of this code; and

6)

Relief, if granted, would not be injurious to surrounding residential areas and neighborhoods, cause substantial detriment to the public good or impair the purpose and intent of this code.

b.

Failure to grant relief would have the effect of prohibiting personal wireless services.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The following uses shall not require the approval of an administrative or conditional use WTF permit, as otherwise required pursuant to this Section 17.140.080, subject to compliance with the applicable requirements set forth below; provided, however, nothing set forth herein shall exempt the subject property or structure from compliance with applicable building, electrical, safety and other construction code requirements, or building or land development regulations, including building and land development permit and site plan review requirements:

A.

Governmental WTF's. Wireless telecommunications facilities, including wireless towers, used solely for public safety purposes, installed and operated as a governmental function by federal or state government, the city, the Henry County Emergency Network Interoperability System (HENRIS), or authorized Henry County public safety agencies (e.g., city or Henry County 911 emergency communications and city or Henry County public safety communications for sheriff's office, police department, fire department or first responder medical services) may be installed without the requirement of an administrative or conditional use permit. Unless otherwise prohibited by law, public safety agencies shall be required to provide a map of the wireless tower or wireless telecommunications facility location. Notwithstanding the foregoing requirement regarding the use of the wireless tower for public safety purposes, collocations of wireless transmission equipment for commercial purposes onto an existing governmental wireless tower may be allowed (pursuant to the requirements set forth in the preceding paragraph). When a wireless tower or other wireless telecommunications facility approved for an authorized public safety agency ceases to be operated or used by an authorized public safety agency for a public safety purpose, any current use of such wireless tower or other wireless telecommunications facility by a nonpublic safety entity (due to prior collocation) shall be deemed nonconforming and the structure shall be deemed a nonconforming structure, unless such nonpublic safety entity submits an application for use of the wireless tower or WTF pursuant to the administrative or conditional use permit requirements set forth in this section, as applicable, as if it were a new wireless tower or WTF.

B.

COW's. Upon a declaration of a state of emergency or disaster by federal, state, or local government or a determination of public necessity by the city, the city administrator may approve the placement of a COW at any location within the city, subject to the cow's compliance with federal and/or state requirements, for a period of not more than one-hundred and twenty (120) days following the duration of the state of emergency or occurrence of the disaster or other event providing for public necessity. Further, the city administrator may approve the placement of a COW for the purpose of providing service for a special event, subject to the cow's compliance with federal and/or state requirements, for up to forty-five (45) days prior to such special event, for the duration of the special event, and for up to fourteen (14) days thereafter.

C.

In-building antennas. Antennas and other wireless transmission equipment installed entirely within buildings (without any exterior alterations to the exterior walls, roof, or other exterior architectural features of the building) for the primary purpose of providing wireless communications services within such buildings are not subject to the requirements of this section.

D.

Amateur radio antennas. An amateur radio antenna owned and operated by an FCC-licensed amateur radio station operator and used solely for noncommercial purposes may be located without the requirement of an administrative or conditional use permit provided the following requirements are met:

1.

The amateur radio tower, including antenna, is located in the rear year of the property (behind the principal structure);

2.

The amateur radio tower is less than fifty (50) feet in height if located within the city;

3.

The amateur radio tower shall be designed such that the entire structure will remain on the property or within a fall easement if it should fall; and

4.

The amateur radio tower and antenna shall meet all accessory structure requirements for the zoning district in which the amateur radio antenna is located except for the foregoing height limitations, which shall control.

E.

Minor antennas. Satellite dish, television broadcast receiving antennas, and other OTARD antennas that are one (1) meter (thirty-nine and thirty-seven one-hundredths (39.37) inches) or less in diameter and designed and used only to receive video programming signals:

1.

From direct broadcast satellite services;

2.

From television broadcast stations; or

3.

For wireless cable service.

F.

Collocations and modifications. Collocation of new wireless transmission equipment on an existing antenna support structure and modification of an existing wireless telecommunications facility that conform with the following requirements, as applied to the wireless telecommunications facility as it was previously approved and constructed, do not require the approval of a WTF permit:

1.

The proposed collocation shall not increase the height or width of the antenna support structure, as previously approved, to which the wireless transmission equipment is to be attached;

2.

New ground-mounted wireless transmission equipment shall be installed within the existing equipment compound, or, when there is not an existing equipment compound, shall be located within an existing equipment cabinet or a replacement equipment cabinet, which shall not exceed the dimensions or footprint of the equipment cabinet being replaced;

3.

The proposed modification shall not increase the dimensions (area/perimeter) of the equipment compound, as previously approved, or where there is no equipment compound;

4.

The proposed collocation or modification shall comply with any and all regulations, and/or conditions of approval applicable to the wireless telecommunications facility, including any and all design standards and requirements or conditions of approval providing required concealment elements or otherwise related to the design or visibility of the WTF;

5.

The proposed modification or collocation shall not exceed the applicable weight limits for the antenna support structure, as demonstrated by a certified letter from a structural engineer licensed to practice in the State of Georgia; and

6.

The proposed wireless telecommunications facility will not interfere with emergency or public safety communications, as demonstrated by a certified letter from a licensed radio frequency engineer.

Notwithstanding the foregoing exemption, any such proposed collocation or modification requires the submittal of an application to the community development department. The contents of such an application shall include such information and documentation set forth in Section 17.140.080 as necessary to determine compliance with the foregoing criteria, as well as the applicable certifications required above. An application submitted pursuant to this paragraph shall include a statement providing that the proposed application for collocation or modification is entitled to streamlined processing pursuant to O.C.G.A. § 36-66B-1, et seq. (the BILD Act). Any such application shall be reviewed for conformance with applicable building, electrical, safety and other construction code permit requirements, land development permit requirements, and site plan review requirements, including zoning and land use conformity, but shall not otherwise be subject to the issuance of additional administrative or conditional use permit (WTF permit) approvals, provided the proposed collocation or modification conforms with the requirements of this paragraph. The provisions and procedures set forth in this paragraph are adopted for the purpose of complying with O.C.G.A. § 36-66B-1, et seq. (the BILD Act) and are intended to allow previously approved wireless telecommunications facilities to be modified or collocations to previously approved antenna support structures to be accepted without the requirement of additional zoning or land use review and approval beyond that which is typically required by the city for the issuance of building or electrical permits.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Purpose. This section is adopted pursuant to § 6409(a) of the 2012 Middle Class Tax Relief and Job Creation Act (also referred to as § 6409(a) of the Spectrum Act), codified at 47 U.S.C. § 1455(a), and the new FCC rules and regulations adopted pursuant to Federal Communications Commission Report and Order FCC-14-153 ("Wireless Infrastructure Order") and set forth in 47 CFR § 1.40001.

B.

Definitions. For the purposes of this section only, the following terms shall have the meanings ascribed to them below (terms not otherwise defined in this paragraph B, shall have the meanings set forth in Section 17.140.030):

1.

Base station means the alternative support structure of an attached WTF or any wireless transmission equipment at such fixed location associated with the attached WTF, provided the location and installation of such attached WTF was reviewed, approved, and issued a permit by the city in accordance with the applicable zoning and development regulations set forth in Section 17.140.080 (or any prior applicable city or local government zoning regulations in effect at the time of the original approval). The term "base station" does not encompass the term "wireless tower" as defined in this Section 17.140.090, or any wireless transmission equipment associated with a wireless tower.

2.

Collocation means the mounting or installation of wireless transmission equipment on an existing wireless tower or existing base station for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

3.

Concealment elements means any and all concealment, camouflaging, screening, or blending techniques or methods, or other similar techniques or methods to reduce the visibility of the wireless telecommunication facility, (a) imposed as condition of zoning or conditional use approval at the time of the original approval of the wireless tower or base station or at the time of the approval of any modification to the wireless tower or base station occurring prior to February 22, 2012, or constituting a substantial change, or (b) required by any applicable regulation or provision of this code (or any prior applicable city or local government zoning regulations) in effect at the time of the original approval of the wireless tower or base station or at the time of the approval of any modification to the wireless tower or base station occurring prior to February 22, 2012, or constituting a substantial change. "concealment elements" include any and all design regulations, requirements or conditions that are applied to wireless towers and base stations to reduce the visibility of the wireless telecommunication facility, including, but not limited to, conditions or design regulations pertaining to antenna size and type, color of the support structure and wireless transmission equipment, antenna mounting techniques, including the requirement that antennas be flush-mounted, siting base stations so that they blend in with similar surrounding structures, requirements as to how cables should be located, and the size, location, design, and screening for ground based equipment. "Concealment elements" include limitations on the height of the wireless tower or base station when such height limitations are imposed in conjunction with other design regulations or conditions requiring concealment, camouflaging, screening, blending, or other similar techniques or methods to be employed in order to reduce the visibility of the wireless telecommunication facility.

4.

Current site means:

a.

For wireless towers, other than wireless towers located in the public rights-of-way, the current boundaries of the leased or owned property surrounding the wireless tower and any related access or utility easements, as set forth in the application for the original approval of such wireless tower or any subsequent application to modify such wireless tower approved prior to February 22, 2012; and

b.

For wireless towers located in the public rights-of-way and base stations, the limited area in proximity to the alternative support structure and other wireless transmission equipment already deployed on the ground, but only such restricted area that lies within the current boundaries of the leased or owned property surrounding the base station and any related access or utility easements.

5.

Existing wireless tower or existing base station means a wireless tower or base station that:

a.

At the time an application is filed with the city pursuant to this section, supports or houses wireless transmission equipment; and

1)

Was reviewed, approved, and issued a permit by the city in accordance with the applicable zoning and development regulations set forth in this code, or was reviewed and approved in accordance with any former applicable city or other local government zoning and development regulations governing the permitting of such facilities and equipment at the time of its approval; or

2)

Was lawfully built and placed into operation in an area that was not zoned at the time of its installation.

b.

"Existing wireless tower" or "existing base station" does not include a structure that (i) is merely capable of supporting wireless transmission equipment, (ii) was constructed without the required zoning and development review and approval, or was otherwise illegally constructed, or (iii) was legally constructed in an area that was zoned, but at a time when applicable city or local zoning and development regulations did not require WTF review and approval.

6.

Modification means the improvement, upgrade, expansion, removal, or replacement of existing wireless telecommunications facilities, including the installation, removal or replacement of wireless transmission equipment associated with an existing wireless tower or existing base station, such as the collocation of antenna on an existing wireless tower or base station, the installation, removal or replacement of wireless transmission equipment within an existing equipment compound, or the installation, removal or replacement of an equipment cabinet associated with an existing wireless tower or existing base station, but does not include the complete or substantial replacement of a wireless tower or base station.

7.

Substantial change means a modification that, either singularly or due to the cumulative effect of a series of changes over time, changes the physical dimensions of a wireless tower or base station in any manner meeting one (1) or more of the following criteria:

a.

For a wireless tower other than a wireless tower located in the public right-of-way, increases the height of the wireless tower by more than ten (10) percent or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for a wireless tower located in the public right-of-way or a base station, increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater, provided:

1)

In cases where the deployments are or will be separated horizontally, such as on buildings' rooftops, changes in height resulting from a modification shall be measured from the height of the original structure (e.g., change in height is measured from the rooftop to the highest point of the proposed deployment) rather than from the height of a previously approved antenna or WTF (e.g., change in height is not based on the highest point of the existing roof-mounted WTF's antenna); and

2)

In other circumstances, changes in height shall be determined by measuring the change in height from the dimensions of the wireless tower or base station as originally approved, but inclusive of the most recent modification that received city approval or other applicable local zoning approval prior to February 22, 2012; or

b.

For a wireless tower other than a wireless tower located in the public right-of-way, involves adding an appurtenance to the body of the wireless tower that would protrude from the edge of the wireless tower by more than twenty (20) feet, or more than the width of the wireless tower structure at the level of the appurtenance, whichever is greater; for a wireless tower located in the public right-of-way or a base station, involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet; or

c.

Involves the installation of more than the standard number of new equipment cabinets for the technology involved, as reasonably determined by the director, but not to exceed four (4) equipment cabinets; or, for wireless towers located in the public rights-of-way or base stations, involves the installation of new equipment cabinet(s) on the ground if there are no pre-existing groundmounted equipment cabinets associated with such wireless tower or base station, or involves the installation of ground-mounted equipment cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinet associated with the structure; or

d.

Entails excavation or deployment outside the current site boundaries; or

e.

Results in the wireless tower or base station, as modified, being out of compliance with any current regulation required for approval of a WTF permit, any condition imposed as condition of zoning or conditional use approval at the time of the original approval of the wireless tower or base station or at the time of the approval of any modification to the wireless tower or base station occurring prior to February 22, 2012, or constituting a substantial change, or any applicable regulation or provision of this section (or any prior applicable city or local government zoning regulations) in effect at the time of the original approval of the wireless tower or base station or at the time of the approval of any modification to the wireless tower or base station occurring prior to February 22, 2012, or constituting a substantial change, other than regulations or conditions related to height, width, equipment cabinets, or excavation or deployment that do not constitute substantial changes in accordance with the thresholds identified in subparagraphs a—d above, provided that such regulations or conditions related to height, width, equipment cabinets, or excavation or deployment are not concealment elements; or

f.

Would defeat the concealment elements of the wireless tower or base station.

8.

Wireless tower means any structure built for the sole or primary purpose of supporting any FCC licensed or authorized antennas and their associated facilities, including tower structures that are constructed for wireless communications services, and the associated current site.

C.

Application review and approval. Notwithstanding any other provision of this section of the code, a request for collocation or modification that will not result in a substantial change in the physical dimensions of an existing wireless tower or existing base station, shall be reviewed and approved in accordance with the procedures set forth in 47 CFR § 1.40001, provided the director further finds that the proposed collocation or modification will comply with generally applicable building, structural, electrical and safety codes and all other objective standards set forth in applicable regulations related to health and safety.

D.

Application contents. Each application that is submitted for review under this section shall clearly identify the application as a Section 6409(a) application and shall be accompanied by such information and documentation set forth in this code as necessary to determine compliance with the foregoing criteria, including, but not limited to:

1.

A written and technically accurate and reliable narrative that explains the nature of the permit sought (collocation or modification) and that further states whether the applicant believes (and the basis therefor) that the WTF is subject to 47 U.S.C. § 1455(a), and if so, why its proposal fits each and all criteria for a Section 6409(a) modification set forth herein.

2.

A detailed written description of the proposed modification to the existing wireless tower or existing base station;

3.

A photograph or graphic description to scale and a written description of the existing wireless tower or existing base station as originally constructed, if available, and as currently existing, and a graphic depiction to scale of the wireless tower or base station after collocation or modification;

4.

A description of all construction that will be performed in connection with the proposed collocation or modification, including any excavation; and

5.

A signed declaration by the applicant certifying that the proposed collocation or modification shall not constitute a substantial change and detailing the reasons therefor.

E.

Validity. This Section 17.140.090 is adopted for the purpose of complying with Section 6409(a) and the wireless infrastructure order. This section shall become null and void if Section 6409(a) or the wireless infrastructure order is rescinded or invalidated. Any and all permits issued pursuant to this Section 17.140.090 shall terminate on the 91st day after Section 6409(a) or the wireless infrastructure order is rescinded or invalidated. Further, if any provision of Section 6409(a) or the wireless infrastructure order limiting the review of a modification or collocation by a local government is found unconstitutional, unenforceable or invalid by a court of competent jurisdiction, the corresponding provision(s) set forth in this section shall become null and void.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Purpose and compliance.

1.

This ordinance [section] shall be known as the "wireless facilities and antennas in public rights-of-way ordinance" and may be internally cited in this Section 17.140.100 as "this ordinance."

2.

O.C.G.A. § 32-4-92 authorizes the City of McDonough, Georgia (the "city") to establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances in, on, along, over, or under the public roads of the city. Further, 47 U.S.C. § 253(c) provides that the city has authority to manage its public rights-of-way. Finally, the Georgia Streamlining Wireless Facilities and Antennas Act., O.C.G.A. Title 36, Chapter 66C (the "SWFAA"), addresses the placement of small wireless facilities in the public rights-of-way of the city.

3.

The city finds it is in the best interest of the city and its residents and businesses to establish requirements, specifications reasonable conditions regarding placement of small wireless facilities and poles in the public rights-of-way. These requirements, specifications and conditions, are adopted in order to protect the health, safety and welfare of the residents and businesses of the city and to reasonably manage and protect the public rights-of-way and its uses in the city.

4.

The objective of this ordinance is to (i) implement the SWFAA and (ii) ensure use of the public rights-of-way is consistent with the design, appearance and other features of nearby land uses, protects the integrity of historic, cultural and scenic resources and does not harm residents' quality of life.

B.

Definitions. As used in this Section 17.140.100, the following terms have the following meanings:

Antenna means: (i) communications equipment that transmits, receives, or transmits and receives electromagnetic radio frequency signals used in the provision of wireless services or other wireless communications; or (ii) communications equipment similar to equipment described in part (i) used for the transmission, reception, or transmission and reception of surface waves. Such term shall not include television broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.

Applicable codes means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the State of Georgia or the city or are otherwise applicable in the city.

Applicant means any person that submits an application.

Application means a written request submitted by an applicant to the city for a permit to: (i) collocate a small wireless facility in a right-of-way; or (ii) install, modify, or replace a pole or decorative pole in a right-of-way on which a small wireless facility is or will be located.

Authority pole means a pole owned, managed, or operated by or on behalf of the city. Such term shall not include poles, support structures, electric transmission structures, or equipment of any type owned by an electric supplier.

Collocate or collocation means to install, mount, modify, or replace a small wireless facility on or adjacent to a pole, decorative pole, or support structure.

Communications facility means the set of equipment and network components, including wires and cables and associated equipment and network components, used by a communications service provider to provide communications services.

Communications service provider means a provider of communications services.

Communications services means cable service as defined in 47 U.S.C. § 522(6); telecommunications service as defined in 47 U.S.C. § 153(53); information service as defined in 47 U.S.C. Section 153(24), as each such term existed on January 1, 2019; or wireless services.

Consolidated application means an application for the collocation of multiple small wireless facilities on existing poles or support structures or for the installation, modification, or replacement of multiple poles and the collocation of associated small wireless facilities.

Decorative pole means an authority pole that is specially designed and placed for aesthetic purposes.

Electric supplier means any electric light and power company subject to regulation by the Georgia Public Service Commission, any electric membership corporation furnishing retail service in this state, and any municipality which furnishes such service within this state.

Eligible facilities request means an eligible facilities request as set forth in 47 C.F.R. § 1.40001(b)(3), as it existed on January 1, 2019.

FCC means the Federal Communications Commission of the United States.

Fee means a one-time, nonrecurring charge based on time and expense.

GMA pole means any pole installed in City of McDonough rights-of-way, as dictated by O.C.G.A. Title 36, Chapter 66 supported by Georgia Municipal Association (GMA) lobbyists in cooperation with large telecom company lobbyists.

Historic district means: (i) any district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the secretary of the interior of the United States in accordance with Section VI.D.l.a.i—v of the Nationwide Programmatic Agreement codified by 47 C.F.R. Part I; (ii) any area designated as a historic district under Article 2 of Chapter 10 of Title 44, the Georgia Historic Preservation Act; or (iii) any area designated as a historic district or property by law prior to April 26, 2019.

Law means and includes any and all federal, state, or local laws, statutes, common laws, codes, rules, regulations, orders, or ordinances.

Micro wireless facility means a small wireless facility that is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height that has an exterior antenna, if any, no longer than eleven (11) inches.

Permit means a written authorization, in electronic or hard copy format, required to be issued by the city to initiate, continue, or complete the collocation of a small wireless facility or the installation, modification, or replacement of a pole or decorative pole upon which a small wireless facility is collocated.

Person means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority.

Pole means a vertical pole such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal, or other material that is lawfully located or to be located within a right-of-way, including without limitation a replacement pole and an authority pole. Such term shall not include a support structure, decorative pole, or electric transmission structure.

Rate means a recurring charge.

Reconditioning work means the activities associated with substantially painting, reconditioning, improving, or repairing authority poles.

Replace, replacement or replacing means to replace a pole or decorative pole with a new pole or a new decorative pole, similar in design, size, and scale to the existing pole or decorative pole consistent with 47 C.F.R. § 1.40001(b)(7) as it existed on January 1, 2019, in order to address limitations of, or change requirements applicable to, the existing pole to structurally support the collocation of a small wireless facility.

Replacement work means the activities associated with replacing an authority pole.

Right-of-way means, generally, property or any interest therein, whether or not in the form of a strip, which is acquired for or devoted to a public road; provided, however, that such term shall apply only to property or an interest therein that is under the ownership or control of the city and shall not include property or any interest therein acquired for or devoted to an interstate highway or the public rights, structures, sidewalks, facilities, and appurtenances of buildings for public equipment and personnel used for or engaged in administration, construction, or maintenance of public roads or research pertaining thereto or scenic easements and easements of light, air, view and access.

Small wireless facility means radio transceivers; surface wave couplers; antennas; coaxial, fiber optic, or other cabling; power supply; backup batteries; and comparable and associated equipment, regardless of technological configuration, at a fixed location or fixed locations that enable communication or surface wave communication between user equipment and a communications network and that meet both of the following qualifications: (i) each wireless provider's antenna could fit within an enclosure of no more than six (6) cubic feet in volume; and (ii) all other wireless equipment associated with the facility is cumulatively no more than twenty-eight (28) cubic feet in volume, measured based upon the exterior dimensions of height by width by depth of any enclosure that may be used. The following types of associated ancillary equipment are not included in the calculation of the volume of all other wireless equipment associated with any such facility: electric meters; concealment elements; telecommunications demarcation boxes; grounding equipment; power transfer switches; cut-off switches; and vertical cable runs for connection of power and other services. Such term shall not include a pole, decorative pole, or support structure on, under, or within which the equipment is located or collocated or to which the equipment is attached and shall not include any wireline backhaul facilities or coaxial, fiber optic, or other cabling that is between small wireless facilities, poles, decorative poles, or support structures or that is not otherwise immediately adjacent to or directly associated with a particular antenna.

State means the State of Georgia.

Support structure means a building, billboard, water tank, or any other structure to which a small wireless facility is or may be attached. Such term shall not include a decorative pole, electric transmission structure, or pole.

Wireless infrastructure provider means any person, including a person authorized to provide telecommunications services in this state, that builds, installs, or operates small wireless facilities, poles, decorative poles, or support structures on which small wireless facilities are or are intended to be used for collocation but that is not a wireless services provider.

Wireless provider means a wireless infrastructure provider or a wireless services provider.

Wireless services means any services provided to the public using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile.

Wireless services provider means a person that provides wireless services.

Wireline backhaul facility means an aboveground or underground wireline facility used to transport communications data from a telecommunications demarcation box associated with small wireless facility to a network.

C.

Permits.

1.

A permit is required to collocate a small wireless facility in the public right-of-way or to install, modify, or replace a pole or a decorative pole in the public right-of-way. A permit is not required to perform the activities described in O.C.G.A. § 36-66C-6(e) or (f).

2.

Any person seeking to collocate a small wireless facility in the public right-of-way or to install, modify, or replace a pole or a decorative pole in the public right-of-way shall submit an application to the community development department for a permit. Applications are available from the community development department. Any material change to information contained in an application shall be submitted in writing to the community development department within thirty (30) days after the events necessitating the change.

3.

Each application for a permit shall include the maximum application fees permitted under O.C.G.A. § 36-66C-5(a)(l), (a)(2) and (a)(3). Such maximum application fees shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b),

4.

The community development department shall review applications for permits according to the timelines and using the procedures identified in O.C.G.A. §§ 36-66C-7 and 36-66C-13.

5.

Applications for permits shall be approved except as follows:

a.

In order to receive a permit to install a pole or replace a decorative pole, the applicant must have determined after diligent investigation that it cannot meet the service objectives of the permit by collocating on an existing pole or support structure on which: (i) the applicant has the right to collocate subject to reasonable terms and conditions; and (ii) such collocation would not impose technical limitations or significant additional costs. The applicant shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and shall provide a written summary of the basis for such determination.

b.

The community development department in collaboration with the public works department may deny an application for a permit upon any of the conditions identified in O.C.G.A. § 36-66C-7(j).

c.

For applications for new poles in the public right-of-way in areas zoned for residential use, the community development and public works departments may propose an alternate location in the public right-of-way within one hundred (100) feet of the location set forth in the application, and the wireless provider shall use the community development and public works departments proposed alternate location unless the location imposes technical limits or significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and it shall provide a written summary of the basis for such determination.

6.

A permit issued under this Section 17.140.100(C) shall authorize such person to occupy the public rights-of-way to: (i) collocate a small wireless facility on or adjacent to a pole or a support structure that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(3) or on or adjacent to a decorative pole in compliance with O.C.G.A, § 36-66C-12; and (ii) install, modify, or replace a pole or decorative pole for collocation of a small wireless facility that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(1) and (h)(2).

7.

Upon the issuance of a permit under this ordinance, and on each anniversary of such issuance, every person issued a permit shall submit to the city the maximum annual payments permitted under O.C.G.A. § 36-66C-5(a)(4) and (a)(5); provided, however, that if such person removes its small wireless facilities form the public rights-of-way pursuant to O.C.G.A. § 36-66C-5(e), then such person shall be responsible for the pro rata portion of the annual payment based on the number of days of occupation since the last annual payment. Upon making such pro rata payment and removal of the small wireless facilities, the person's annual payment obligations under this section shall cease as of the date of the actual removal. The maximum annual payments shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b).

8.

Any person issued a permit shall pay the fees identified in O.C.G.A. § 36-66C-5(a)(6) and (a)(7), as applicable.

9.

The city may revoke a permit issued pursuant to this paragraph C if the wireless provider or its equipment placed in the public right-of-way under that permit subsequently is not in compliance with any provision of this ordinance or the Georgia Streamlining Wireless Facilities and Antennas Act. Upon revocation, the city may proceed according to the following paragraph 10.

10.

If a wireless provider occupies the public rights-of-way without obtaining a permit required by this Section 17.140.100(C) or without complying with the SWFAA, then the city may, at the sole discretion of the city, restore the right-of-way, to the extent practicable in the reasonable judgment of the city, to its condition prior to the unpermitted collocation or installation and to charge the responsible wireless provider the reasonable, documented cost of the city in doing so, plus a penalty not to exceed one thousand dollars ($1,000.00). The city may suspend the ability of the wireless provider to receive any new permits from the city under this Section 17.140.100(C) until the wireless provider has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the city may not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.

11.

All accepted applications for permits shall be publicly available subject to the limitations identified in O.C.G.A. § 36-66C-6(c).

12.

An applicant may file a consolidated application related to multiple small wireless facilities, poles or decorative poles so long as such consolidated application meets the requirements of O.C.G.A. § 36-66C-13.

13.

Activities authorized under a permit shall be completed within the timelines provided in O.C.G.A. § 36-66C-7(k)(2).

14.

Issuance of a permit authorizes the applicant to: (i) undertake the collocation, installation, modification or replacement approved by the permit and (ii) operate and maintain the small wireless facilities and any associated pole covered by the permit for a period of ten (10) years.

15.

Permits shall be renewed following the expiration of the term identified in this code upon the terms and conditions identified in O.C.G.A. § 36-66C-7(k)(2)(B).

16.

If an application for a permit seeks to collocate small wireless facilities on authority poles in the public rights-of-way, then the city shall, within sixty (60) days of receipt of the completed application: (i) provide a good faith estimate for any make-ready work necessary to enable the authority pole to support the proposed facility; or (ii) notify the wireless provider that the wireless provider will be required to perform the make-ready work. Any make-ready work performed by the city shall be completed pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(n).

D.

Removal; relocation; reconditioning; replacement; abandonment.

1.

A person may remove their small wireless facilities from the public rights-of-way according to the procedures of O.C.G.A. § 36-66C-5(e).

2.

In the event of a removal under the foregoing paragraph, the right-of-way shall be, to the extent practicable in the reasonable judgment of the city, restored to its condition prior to the removal. If a person fails to return the right-of-way, to the extent practicable in the reasonable judgment of the city, to its condition prior to the removal within ninety (90) days of the removal, the city may, at the sole discretion of the city, restore the right-of-way to such condition and charge the person the city's reasonable, documented cost of removal and restoration, plus a penalty not to exceed five hundred dollars ($500.00) the city may suspend the ability of the person to receive any new permits under Section 17.140.100(C) until the person has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided. However, the city will not suspend such ability of any person that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.

3.

If, in the reasonable exercise of police powers, the city determines: (i) a pole or support structure unreasonably interferes with the widening, repair, reconstruction, or relocation of a public road or highway, or (ii) relocation of poles, support structures, or small wireless facilities is required as a result of a public project, the wireless provider shall relocate such poles, support structures, or small wireless facilities pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(l). If the wireless provider fails to relocate a pole, support structure or small wireless facility or fails to provide a written good faith estimate of the time needed to relocate the pole, support structure or small wireless within the time period prescribed in O.C.G.A. § 36-66C-7(l), the city make take the actions authorized by O.C.G.A. § 36-66C-7(o), in addition to any other powers under applicable law.

4.

The city shall recondition and replace authority poles consistent with the provisions of O.C.G.A. § 36-66C-7(m). Wireless providers shall accommodate and cooperate with reconditioning and replacement consistent with the provisions of O.C.G.A. § 36-66C-7(m).

5.

A wireless provider must notify the city of its decision to abandon any small wireless facility, support structure or pole pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(p)(1). The wireless provider shall perform all acts and duties identified in O.C.G.A. § 36-66C-7(p) regarding abandonment. The city may take all actions and exercise all powers authorized under O.C.G.A. § 36-66C-7(p) upon abandonment, in addition to any other powers under applicable law.

E.

Standards.

1.

Small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities may be placed in the public right-of-way as a permitted use: (i) upon a receipt of a permit under this code; (ii) subject to applicable codes; and (iii) so long as such small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities comply with the appropriate provisions of O.C.G.A. § 36-66C-7(h).

a.

New, modified, or replacement poles installed in the right-of-way in a historic district and in an area zoned primarily for residential use shall not exceed fifty (50) feet above ground level.

b.

Each new, modified, or replacement pole installed in the right-of-way that is not in a historic district or in an area zoned primarily for residential use shall not exceed the greater of:

1)

Fifty (50) feet above ground level; or

2)

Ten (10) feet greater in height above ground level than the tallest existing pole in the same public right-of-way in place as of January 1, 2019, and located within five hundred (500) feet of the new proposed pole;

c.

New small wireless facilities in the public right-of-way and collocated on an existing pole or support structure shall not exceed more than ten (10) feet above the existing pole or support structure.

d.

New small wireless facilities in the public right-of-way collocated on a new or replacement pole under subparagraph 1(a) or subparagraph 1(b) of this Section 17.140.100(E) may not extend above the top of such poles.

2.

A decorative pole should only be located where an existing pole can be removed and replaced, or at a new location where the city has identified that a streetlight is necessary.

3.

Unless it is determined that another design is less intrusive, or placement is required under applicable law, small wireless facilities shall be concealed as follows:

a.

Antennas located at the top of poles and support structures shall be incorporated into the pole or support structure, or placed within shrouds of a size such that the antenna appears to be part of the pole or support structure.

b.

Antennas placed elsewhere on a pole or support structure shall be integrated into the pole or support structure or be designed and placed to minimize visual impacts.

c.

Radio units or equipment cabinets holding radio units and mounted on a pole shall be placed as high as possible, located to avoid interfering with, or creating any hazard to, any other use of the public rights-of-way, and located on one (1) side of the pole. Unless the radio units or equipment cabinets can be concealed by appropriate traffic signage, radio units or equipment cabinets mounted below the communications space on poles shall be designed so that the largest dimension is vertical, and the width is such that the radio units or equipment cabinets are minimally visible from the opposite side of the pole on which they are placed.

d.

Wiring and cabling shall be neat and concealed within or flush to the pole or support structure, ensuring concealment of these components to the greatest extent possible.

4.

Notwithstanding any provision of this ordinance to the contrary, an applicant may collocate a small wireless facility within a historic district and may place or replace a pole within a historic district, only upon satisfaction of the following: (i) issuance of a permit under Section 17.140.100(C) and (ii) compliance with applicable codes.

5.

Notwithstanding any provision of this ordinance to the contrary, an applicant may collocate a small wireless facility on a decorative pole or may replace a decorative pole with a new decorative pole, in the event the existing decorative pole will not structurally support the attachment, only upon satisfaction of the following: (i) issuance of a permit under Section 17.140.100(C) and (ii) compliance with applicable codes.

(Ord. No. 25-01-02, § 1, 1-2-2025)