The purposes of this article shall be:

(a)

To provide for the appropriate location and development of towers and wireless telecommunications facilities in such locations as will promote the public safety and general welfare;

(b)

To minimize, through proper siting, landscape screening, innovative camouflaging techniques, and careful design, the potential for visual incompatibility and the proliferation of towers;

(c)

To promote and maximize the shared-use/co-location of new and existing towers and the use of alternative tower structures as a primary option rather than construction of additional single use towers;

(d)

To accommodate the increased demand for the development of towers and wireless telecommunications facilities; and

(e)

To encourage the location of towers in non residentially developed and zoned areas.

(f)

To consider public health, safety and welfare;

(g)

To avoid damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(Ord. of 10-17-2000, § 1)

The following terms shall have the meanings given in this article:

(a)

Alternative tower structures: shall include, but are not limited to, man-made structures such as clock towers, bell towers, church steeples, water towers, light poles, warehouses, factories, commercial buildings, multi-family buildings, and publicly used structures such as police and fire stations, libraries, community centers, civic centers, courthouses, utility structures, water towers, elevated roadways, bridges, flag poles, schools, hospitals, and other structures that can be used for the mounting of antennas or serving the function of a tower.

(b)

Antenna: shall mean any exterior apparatus designed for the sending and/or receiving of electromagnetic waves.

(c)

Co-location/shared use: shall mean the placement of the antennas of two or more service providers upon a single tower.

(d)

FAA: shall mean the Federal Aviation Administration.

(e)

FCC: shall mean the Federal Communications Commission.

(f)

Guy tower: shall mean a tower that is supported, in whole or in part, by guy wires and ground anchors.

(g)

Height: shall mean the vertical distance of any tower as measured from the bottom of the base of the tower at ground level to the highest point of such tower, not including any antennas or other attachments.

(h)

Lattice tower: shall mean a tower that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors.

(i)

Monopole tower: shall mean a telecommunications tower constructed of a single pole, without guy wires or ground anchors.

(j)

Tower: shall mean a vertical structure on which is or can be located one or more antennas, including but not necessarily limited to guy towers, lattice towers, and monopole towers.

(k)

Camouflaged communication tower: shall mean a tower designed to unobtrusively blend into the existing surroundings and be disguised so as to not have the appearance of a communications tower. Such structures shall be considered communications towers and not spires, belfries, cupolas or other appurtenances usually required to be placed above the roof level for purposes of applying height limitations. It is recognized that due to their height such structures must be designed with sensitivity to elements such as building bulk, mossing and architectural treatment of both the tower and surrounding development. Camouflaged towers on developed property must be disguised to appear as either a part of the structure housing the principal use or an accessory structure that is normally associated with the principal use occupying the property. Camouflaged towers developed on the unimproved property must be disguised to blend in with the existing vegetation. An example of a camouflaged communications tower would be a tower that is constructed in the form and shape of a tree in order to appear to be part of a forested area, or a tower constructed to appear to be or to actually be a component of a bell or clock tower on sites with existing industrial or institutional development, or to be or appear to be a component of a church steeple on sites with existing churches.

(l)

Communication tower: shall mean any structure that is designed and constructed primarily for the purpose of supporting communication (transmission or receiving) equipment, including but not limited to self supporting lattice towers, guy towers, and monopole towers. The term communication tower includes radio and television towers, microwave towers, common carrier towers, cellular telecommunications towers, satellite fiberoptic towers, man-made trees (with accessory building/structures), and other similar structures. The term communication tower shall not include amateur radio operators' equipment, as licensed by the Federal Communications Commission. No tower shall exceed 180 feet in height (including antenna) when freestanding, or 20 percent over the building height when placed on top of buildings.

(Ord. of 10-17-2000, § 2)

(a)

All new communication towers and communication antennas in Peach County shall be subject to the regulations and all other applicable regulations. For purposes of measurement, communications tower setbacks and separation distances shall be calculated and applied irrespective of county and municipal jurisdictional boundaries.

(b)

All communication towers and communication antennas legally existing as of the date of enactment of this article shall be considered permitted uses, allowed to continued their usage as they presently exist: provided however, anything other than routine maintenance including without limitation structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing communication tower, shall comply with the requirements of this article with the exception of separation distances. Routine maintenance shall be permitted on such existing towers.

(c)

All government towers with public safety systems or equipment shall be exempt from the requirements of this article. However, private facilities and structures proposed for placement on governmentally owned property shall not be exempt.

(Ord. of 10-17-2000, § 3)

A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure, and is considered an accessory use if located on a lot or parcel shared with a difference existing primary use or existing structure. An existing use or structure on the same lot or parcel shall not preclude the installation of an antenna or tower. For purposes of determining whether the installation of a tower or antenna complies with zoning district requirements including but not limited to set back, buffer and other requirements, the dimensions of an entire lot or parcel shall control, even though the antenna or tower may be located on a leased area within such lot or parcel. Towers that are constructed and antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a non-conforming use or structure.

(Ord. of 10-17-2000, § 4)

To facilitate the co-location of antennas, each applicant seeking to locate a new tower, alternative tower structure, or antenna, or to modify any such existing structure, shall provide to the county planning and zoning office an inventory of its existing towers or alternative tower structures.

(a)

The inventory shall include all such structures that are within the jurisdiction of the governing authority; within a municipality located, in whole or in part, within Peach County; and within a one mile border of Peach County, and shall include specific information about the location (including latitude and longitude coordinates), height, design, tower type, and general suitability for antenna co-location of each tower, and other pertinent information as may be required by the county planning and zoning office may share such information with other applicants for a communications tower permit under this article or other organizations seeking to locate towers or antennas within the jurisdiction of the governing authority, provided, however, that the county planning and zoning office, is not sharing such information, in any way representing or warranting that such sites are available or suitable.

(Ord. of 10-17-2000, § 5)

(a)

No new towers shall be permitted unless the applicant adequately demonstrates that neither an existing tower suitable for co-location nor a suitable alternative tower structure is available.

(Ord. of 10-17-2000, § 6)

(a)

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

(1)

Lattice towers: shall be permitted as a principal or accessory use in Wholesale, Light Industrial, and General Industrial.

(2)

Monopole towers: shall be permitted as a principal or accessory use in Highway Commercial, General Commercial, Neighborhood Commercial, Wholesale, Light Industrial, and General Industrial.

(3)

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

(b)

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

(1)

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

(2)

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

(3)

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

(c)

Conditional use standards and procedures. The standards and procedures for granting or denying a conditional use request in The Comprehensive Land Development Resolution for the unincorporated area of Peach County, Georgia, shall be applicable to this article. In addition to the standards listed, the planning and zoning commission and the board of commissioners shall also consider the following standards in granting or denying a conditional use request for a tower:

(1)

The feasibility of locating the tower in another zoning district in which the towers are a permitted use.

(2)

The feasibility of co-locating the antenna(s) on an existing tower or alternative tower structure.

(3)

The feasibility of utilizing a less obtrusive tower structure.

(4)

The height of the proposed tower.

(5)

Consistency with the general pattern of land development within the zoning district;

(6)

Whether or not the proposed use is detrimental to the character of the area or neighborhood or would be consistent with the trends of development in the area or neighborhood;

(7)

Consistency with the patterns of development consistency in the area;

(8)

Potential adverse effects on existing traffic patterns, movements and intensity;

(9)

Consistency with the county's master land use plan;

(10)

Whether or not the proposed use can be designated to function effectively for its intended purpose without creating negative off-site impacts for adjoining parcels.

(d)

Denial. Any decision by the planning and zoning commission or the board of commissioners that results in the denial of a request to place, construct or modify wireless telecommunications facilities shall be in writing and supported by substantial evidence contained in a written record.

(Ord. of 10-17-2000, § 7)

(a)

Minimum lot size. The minimum lot size requirements for zoning districts shall not apply to towers. However, the site or parcel on which the tower is located shall be of sufficient size to meet the minimum setback requirements in this article.

(b)

Minimum setback requirements. Towers shall be set back a minimum of a distance equal to the height of the tower from all habitable buildings or structures, public rights-of-way, and property lines of any adjacent property. Monopole towers shall not be located any closer than the height of the tower to any residence. Guy towers and lattice towers shall not be located any closer than 500 feet or three times the height of the tower, whichever is greater, to any residence. These setback requirements shall not apply to any building related to the operation or maintenance of the tower.

(c)

Structural design. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is designed, constructed, and maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA), as amended from time to time. A tower must have the structural capacity to accommodate at least two other users comparable to the initial user.

(d)

Maximum height. The maximum height of towers in all residential districts shall be 180 feet. In all zoning districts in which towers are permitted as a conditional use, the height of towers may be limited in granting the conditional use permit.

(e)

Illumination. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the zoning administrator, planning and zoning commission, or board of commissioners may review the available lighting alternatives approved by the FAA or any successor agency and require the alternative that would cause the least disturbance to surrounding property. This may include the requirement of a dual lighting system, vertical aiming, or such other FAA-approved measures as may be feasible to reduce the negative impact on the surrounding property. Additional expense shall not be a factor in determining feasibility.

(f)

Color and markings. Unless otherwise required by the FAA or other applicable authority, all towers shall be unmarked and shall have either a galvanized finish or be painted a dull blue, gray, or black finish. If an antenna is installed on a structure other than a tower, the zoning administrator may require the antenna and related equipment or appurtenances to be of a neutral color that is compatible with the color of the supporting structure so as to make the antenna and related equipment or appurtenances as visually unobtrusive as possible. Camouflaged towers designed to look like trees shall be exempt from the requirements of this subsection.

(g)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height equipped with appropriate anti-climbing devices. Access to the tower shall be through a locked gate. For guy towers, each guy anchor shall also be enclosed by security fencing not less than six feet in height with the fence line set back at least ten feet from the guy anchor.

(h)

Landscaping. The visual impact of towers shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures as follows:

(1)

A landscaped buffer area a minimum of ten feet in width shall be maintained around the exterior of the security fencing.

(2)

The landscaped buffer area shall consist of materials of the evergreen variety sufficient to provide screening that will minimize the visual impact of the tower.

(3)

All required landscaping shall be properly maintained to ensure good health and vitality.

(4)

The use of existing vegetation shall be preserved to the maximum extent practicable and may be credited as appropriate toward meeting landscaping requirements.

(5)

Camouflaged towers designed to look like trees shall be exempt from the requirements of subsection.

(6)

Applicants may submit for approval alternative landscaping plans that meet the purposes of this subsection to limit the visual impact of towers. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

(7)

The zoning administrator is authorized to grant any approvals and/or waivers contemplated by this subsection in zoning districts where towers are a permitted use.

(i)

No advertising. Neither the tower nor the tower site shall be used for advertising purposes and shall not contain any signs for the purpose of advertising. Nameplates for the purpose of self-identification shall not be considered advertising.

(j)

Federal and state requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal or state governments with the authority to regulate towers and antennas. If such standards and regulations are changed, the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations unless a more stringent compliance schedule is mandated by the controlling federal or state agency.

(Ord. of 10-17-2000, § 8)

(a)

Building permits. It shall be unlawful for any person or entity who has not made application for and obtained a building permit in accordance with this article to:

(1)

Erect, construct in place, re-erect, or replace, any tower;

(2)

Locate or co-locate any telecommunications facilities on or around a pre-existing tower for which a permit has not been obtained in accordance with this article, if such location or co-location involves the installation of equipment or appurtenances other than an antenna or antennas; or

(3)

Locate any telecommunications facilities on an alternative tower structure, if such location involves the installation of equipment or appurtenances other than an antenna or antennas.

Applications for building permits and informational submittals under this article shall be submitted to the zoning administrator or his designee and shall be accompanied by the appropriate fee as set forth in the schedule of fees and charges on the file in the office of the clerk or the board of commissioners.

(b)

Submittals. A complete application shall contain the following:

(1)

A site plan or plans to scale specifying the proposed location and dimensions of the tower, the proposed lighting system (if any) and alternative lighting systems that would meet FAA approval, size of accessory buildings or uses, access, parking, fences, landscaping plans, existing and adjacent land uses, proposed distance of the tower from existing structures, buildings, overhead utility lines, public rights-of-way, and adjacent property lines, and utilities inventory indicating the locations of all drainage, power lines and any other items as impacting the proposed tower site.

(2)

Photo simulations or renderings of the proposed tower illustrating the potential visual impact.

(3)

A report from a licensed professional engineer, documenting the following:

(A)

Tower height and design, including structural and technical engineering, and other pertinent factors governing the proposed tower design. A cross-section of the tower structure shall be included.

(B)

Total anticipated structural capacity of the tower, including number and types of antennas which can be accommodated.

(C)

Evidence of structural integrity of the tower.

(D)

Failure characteristics of the tower demonstration that the site, setbacks and separation from other uses are of adequate size or distance.

(E)

If the application is for an antenna or antennas and related equipment or appurtenances to be located or co-located on a pre-existing tower or located on an alternative tower structure, the engineer's report shall document that the pre-existing tower or alternative tower structure has the structural capacity to support the additional antenna or antennas and related equipment or appurtenances.

(F)

Certification that the tower and/or antenna(s) and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations governing non-ionizing electromagnetic radiation (NIER), and that the radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety.

(4)

Written documentation from the FAA that the FAA has determined that the tower and/or antenna(s) and related equipment or appurtenances is not identified as an obstruction and would not be a hazard to air navigation.

(5)

If the application is for a new tower or towers, the applicant must reasonably demonstrate that no existing tower or alternative tower structure can accommodate the applicant's proposed antenna(s) and related equipment or appurtenances. Such evidence may consist of any of the following:

(A)

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

(B)

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

(C)

Existing towers or alternative tower structures do not have sufficient structural capacity to support applicant's proposed antenna(s) and related equipment appurtenances.

(D)

The applicant's proposed antenna(s) would cause electromagnetic interference with the antenna(s) on the existing towers or alternative tower structures, or the antenna(s) on the existing towers or alternative tower structures would cause electromagnetic interference with the applicant's proposed antenna(s).

(E)

The fees, costs or contractual provisions required by the owner in order to utilize an existing alternative tower structure or to adapt an existing tower or alternative tower for utilization are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(F)

The applicant demonstrates that there are other limiting factors that render existing towers and alternative tower structures infeasible.

(6)

If the application is for a new tower, the applicant must submit a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

(c)

Informational submittals. Any person or entity co-locating an antenna or antennas and related equipment or appurtenances on or around a tower for which a permit has already been issued shall submit the following for information only:

(1)

The name of the person or entity co-locating on the tower.

(2)

The name of the owner of the tower.

(3)

The tower's permit number.

(4)

The location of the tower.

(5)

The remaining structural capacity of the tower.

(6)

Certification that the antenna(s) and related equipment or appurtenances comply with all current regulations of the FCC regulations governing non-ionizing electromagnetic radiation (NIER), and that the radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety.

(d)

Independent expert review. If, in the opinion of the zoning administrator, an independent expert review of an application is warranted, the zoning administrator may engage a licensed professional engineer as an independent expert to review any of the materials submitted by an applicant and render an opinion regarding such concerns as structural integrity and the feasibility of alternate sites or co-location. Provided, however, that prior to seeking the review of an independent expert, the zoning administrator shall convey his concerns to the applicant in writing and allow the applicant a reasonable opportunity to address those concerns. If the applicant is unable to satisfactorily address the zoning administrator's concerns, the applicant shall be allowed a reasonable amount of time, not to exceed 30 days, in which to modify the application to alleviate the zoning administrator's concerns or withdraw the application altogether. If the applicant fails to so modify or withdraw the application within the required time, the zoning administrator may proceed to engage a licensed professional engineer to conduct the independent expert review and the expert's fee will be paid by the applicant. The expert's opinion shall not be necessarily be determinative, but shall be a significant factor to be considered in granting or denying the application.

(e)

Forms. The zoning administrator is authorized to develop application forms to assist in providing the required information and facilitate the application process.

(f)

Action on applications. The zoning administrator shall act on all applications for building permits for towers or antennas and related equipment or appurtenances within a reasonable time. Parties aggrieved by a decision of the zoning administrator may appeal the decision in accordance with The Comprehensive Land Development Resolution for the Unincorporated Area of Peach County, Georgia.

(Ord. of 10-17-2000, § 9)

(a)

Towers erected by a governmental entity for police, EMS, 911 or other similar public safety telecommunications shall be exempt from the requirements of this article.

(b)

If it is determined by the county that the proposed tower is situated in a location which will benefit the county's telecommunications systems, then the tower shall be engineered and constructed to accommodate the additional telecommunication equipment beneficial to the public system at a cost to the county no greater than the actual expense of the provider in so engineering and constructing the tower to meet the county's needs.

(c)

Commercial telecommunications providers shall give priority to and make reasonable efforts to accommodate requests by governmental entities for tower space needed for public safety telecommunications provider shall reasonably demonstrate why it is not feasible to grant the request.

(d)

If at any time it is determined that a tower or antenna owned or operated by a commercial wireless telecommunications provider is interfering with public emergency telecommunications, such tower or antenna shall immediately be modified to eliminate such interference. If the interference cannot be eliminated through modification, then the commercial provider shall discontinue the use of and remove the tower or antenna.

(Ord. of 10-17-2000, § 10)

(a)

Any tower that is not operated for a continuous period of 180 consecutive days shall be considered abandoned, whether or not the owner or operator intends to make use of the tower. The owner of an abandoned tower and the owner of the property where the abandoned tower is located shall be under a duty to remove such tower. If such tower is not removed within a reasonable time, not to exceed three months, after receipt of notice from the governing authority notifying the owner(s) of such abandonment, the governing authority may remove such tower and place a lien upon the property for the costs of removal. The governing authority may pursue all legal remedies available to it to insure that abandoned towers are removed. Delay by the governing authority in taking action shall not in any way waive the governing authority's right to take action.

(b)

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

(Ord. of 10-17-2000, § 11)

(a)

Warnings and citations. The zoning administrator, building inspector, or their designees may issue a warning citation for a violation of this article. A warning citation shall be sent via certified or registered mail to the person or entity who is responsible for the violation. Upon receipt of the warning citation, the person or entity shall have 60 days to correct or remove such violation, unless the citing official determines that the violation is an imminent hazard to the public, in which case the citing official may shorten the period of time in which the violation must be corrected or removed. If the violation is not corrected or removed within the required time period, then the person or entity shall be issued a citation for violation of this article.

(b)

Fines. Any violation of this article resulting in a citation shall be punishable by the imposition of a fine not to exceed $1,000.00. In no event shall the fine imposed for a violation of this article be less than $500.00.

(c)

Continuing violation. Each day any violation of this article continues may be considered a separate offense punishable by a separate fine.

(Ord. of 10-17-2000, § 12)

(a)

No liability. This article is remedial in nature and shall be construed to secure such beneficial interests and purposes thereof, which are public safety, health, and general welfare. This article shall not be construed as imposing upon the governing authority or any of its employees or agents any liability or responsibility for damages to any person or property in any way caused by or connected with a tower, antenna, or telecommunications facility governed by this article. Nor shall the governing authority or any of its employees or agents be held as assuming any such liability or responsibility by reason of inspections, grants, denials, approvals, or permits conducted or issued pursuant to this article.

(b)

Severability. If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

(c)

Conflicting provisions. In the event of a conflict between the provisions of this article and any other provisions of the Peach County Code of Ordinances, the provisions of this article shall govern and the other conflicting provisions shall be deemed repealed insofar as they would otherwise apply to the subject of this article.

(d)

Effective date. This article shall take effect immediately upon adoption.

(Ord. of 10-17-2000, § 13)