Zoneomics Logo
search icon

Senoia City Zoning Code

ARTICLE X

- CELL TOWER REGULATIONS

Sec. 74-213.- Definitions.

Alternative tower structure: Shall mean man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal presence of antennas or towers.

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

FAA: Shall mean the Federal Aviation Administration.

FCC: Shall mean the Federal Communications Commission

Height: Shall mean, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Tower: Shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, etc.

(Ord. No. 07-05, Art. 10, § 10.1, 12-3-2007)

Sec. 74-214. - Purpose.

The purpose of this article is to establish general guidelines for the siting of towers and antennas. The goals of this article are to:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Enhance the ability of the providers of telecommunications services to provide such services to the city quickly, effectively and efficiently.

(Ord. No. 07-05, Art. 10, § 10.2, 12-3-2007)

Sec. 74-215. - Aesthetics.

The guidelines set forth in this section shall govern the location of all towers and the installation of all antennas governed by this article.

(1)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

(2)

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping which will blend the tower facilities to the natural setting and built environment.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color or colors that is identical to, or is closely comparable with, the supporting structure and/or surrounding area so as to make the antenna and related equipment as visually unobtrusive as possible.

(4)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the city council may review the available lighting alternatives and approve the design, which would cause the least disturbance to the surrounding views.

(Ord. No. 07-05, Art. 10, § 10.3, 12-3-2007)

Sec. 74-216. - General.

(a)

Height limitations. The height limitations set forth in this section of the zoning ordinance as applicable to buildings and structures shall not apply to towers and antenna. Towers and antenna shall be governed by the special use permit procedures set forth therein.

(b)

Tower height threshold. These standards shall only be applicable to antenna and towers in excess of 35 feet in height.

(c)

The city council may consider for approval a site plan specific request, which is in substantial conformance with the requirements listed herein.

(Ord. No. 07-05, Art. 10, § 10.4, 12-3-2007)

Sec. 74-217. - Conditional use permit.

Conditional use permit shall be required for all television, land mobile, communication, microwave, radio transmission antennae and towers.

(Ord. No. 07-05, Art. 10, § 10.5, 12-3-2007)

Sec. 74-218. - Requirements.

(a)

All towers and antennae in excess of 70 feet must be set back a distance equal to the full height of the tower from the property line.

(b)

At the time of filing the application for a tower, the applicant shall provide a site plan and information regarding topography, coverage zone, and tower height requirements.

(c)

Shared usage of towers and antennae facilities is encouraged, and towers should be designed to accommodate such uses.

(d)

Accessory structures shall be limited to usage associated with operation of the antennae or towers and shall be appropriate in scale and intensity.

(e)

All towers and antennae shall be equipped with an anti-climbing device such as a six foot wall, fence or other appropriate device to prevent unauthorized access.

(f)

All towers and antennae must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission or such governing agency guidelines as may be established by named agencies. All towers and antennae must be updated and brought into conformity with such standards and regulations within six months of their adoption. The failure to comply with this provision shall be grounds for the City of Senoia to require removal or re-permitting of the antennae or tower at the owner's expense.

(g)

At the time of application for building permit, the plans for tower or antenna construction shall be certified by an independent registered structural engineer as meeting all current safety and design standards of all applicable codes. Cost of engineering evaluation shall be the responsibility of the individual or corporation applying for the building permit.

(h)

All conditional use permits mush show proof of notification to Big T Airport.

Big T Airport Owner's Association

(i)

Applicants are required to explore and fully utilize existing tower and antennae space and are required to bear an equitable share of capital, operating and other expenses in connection with such shared usage.

(j)

Non-residential sites are encouraged for tower location where possible and use of platted lots in existing subdivisions are discouraged.

(k)

In addition, all such towers and antennae shall be designed to minimize visual and scenic impact when located on slopes greater than 15 percent or on top of such slopes.

(l)

Any tower approved under the provision of this article which is not utilized by any communications service provider for any communications related purpose for a period of 12 months may be subject for review by the planning commission for the purposes of initiating an application to zone the property back to its original district.

(Ord. No. 07-05, Art. 10, § 10.6, 12-3-2007)

Sec. 74-219. - Landscape buffer/screening requirements.

(a)

Unless otherwise noted within this section's requirements, or otherwise approved by the city council, any commercial tower or antennae which abuts a residentially zoned property shall have a minimum 40 foot setback from the residential property, 15 feet of which shall be landscaped, screening buffer between the tower and the residentially zoned property, which shall be subject to city council approval. This setback is in addition to the required height setback in article XI, section 74-238.

Note: Required buffers may be included within required setbacks; however, in such case that required buffers and setbacks are in conflict the more stringent shall apply.

(b)

Additionally, necessary private utilities and/or access drives may be allowed through, over, or across a landscaped buffer. Any such uses, which are proposed through, over, or across a designated, undisturbed buffer must be approved pursuant to an original site plan approved by the city council.

(Ord. No. 07-05, Art. 10, § 10.6, 12-3-2007)

Sec. 74-220. - Objectives.

The above required landscape screening buffer shall be implemented in connection with a permitted project and shall address the following objectives:

(1)

Screening to enhance aesthetic appeal;

(2)

Control or direct vehicular and pedestrian movement;

(3)

Reduce glare;

(4)

Buffer noise; and

(5)

Establish privacy.

(Ord. No. 07-05, Art. 10, § 10.7-1, 12-3-2007)

Sec. 74-221. - Standards.

The above required landscape screening buffer is subject to review and approval by the city staff in accordance with the following standards:

(1)

Plantings are to be a mix of rows of evergreen trees and shrubs, deciduous trees and evergreens taller than the required five foot minimum.

(2)

Species are to be ecologically compatible to site and appropriate for design situation.

(3)

Unless public safety concerns dictate otherwise, buffers should provide maximum visual barrier to adjoining properties and public streets.

(4)

Minimum height of plant materials at installation is to be five feet for trees.

(5)

Fencing or walls are to be a minimum of six feet in height as approved by the city council.

(6)

Buffers shall be regularly maintained by the property owner(s) to ensure that the above objectives and standards are met.

(7)

When topography and existing conditions allow, the required landscape buffer should be undisturbed; provided, however, the buffer may be crossed by an access drive and/or necessary utilities as shown on the site plan.

(8)

Any appeals from a determination by city staff regarding the landscape buffer shall be to the city council.

(Ord. No. 07-05, Art. 10, § 10.7, 12-3-2007)

Sec. 74-222. - Action by city council.

A consideration of a request for a conditional use permit under this section shall follow the same procedures set forth in article III of this chapter.

(Ord. No. 07-05, Art. 10, § 10.8, 12-3-2007)

Sec. 74-223. - Standards for review.

(a)

The city council shall consider the following factors in determining whether to approve this proposed use:

(1)

Height of the proposed tower/fall zones;

(2)

Proximity of the tower to residential structures or uses which may be incompatible with the tower (such as private or public airports);

(3)

Nature of uses on adjacent and nearby properties;

(4)

Surrounding topography;

(5)

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

(6)

Proposed ingress and egress; and

(7)

Availability of suitable existing towers and other structures.

(b)

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

(1)

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

(2)

Existing towers and structures do not have sufficient height to meet applicant's engineering requirements.

(3)

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

(4)

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

(5)

The fees, cost or contractual provision required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(6)

The applicant demonstrates there are other limiting factors, which render existing towers and structures unreasonable.

(Ord. No. 07-05, Art. 10, § 10.9, 12-3-2007)

Sec. 74-224. - Action by city staff.

Upon approval by city council of the conditional use permit, a building permit shall be issued and the permitted structure shall be constructed in accordance with the provisions of this article and any conditions imposed by the city council.

(Ord. No. 07-05, Art. 10, § 10.10, 12-3-2007)