As used in this ordinance, the following terms shall have the meanings indicated:

A.

"Alternative tower structure" means any clock towers, bell towers, church steeples, light/power poles, electric transmission towers, man-made trees (without accessory buildings/structures), and similar natural or man-made alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

B.

"Antenna" means any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television or personal wireless services. For the purposes of this ordinance the term "antenna" does not include any tower and antenna under seventy (70) feet in total height which is owned and operated by an amateur radio operator licensed by the federal communications commission, any device designed for over-the-air reception of radio or television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite services, or any cable television headend or hub tower and antennae used solely for cable television services.

C.

"Co-location" means the placement of the antennas of two or more service providers upon a single tower or alternative tower structure.

D.

"Director" means the chairman of the City of Trenton Planning Commission or his/her designee.

E.

"Governing body" means the city commission for the City of Trenton.

F.

"Monopole tower" means a telecommunications tower consisting of a single pole, constructed without guy wires or ground anchors.

G.

"Telecommunications facilities" refers to antennae and towers, either individually or together.

H.

"Tower" means a structure, such as a lattice tower, guy tower, or monopole tower, constructed as a free-standing structure or in association with a building, other permanent structure or equipment, on which is located one or more antennae intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication. The term includes microwave towers, common carrier towers, and cellular telephone towers.

(Ord. of 1-3-2000, § I)

The following shall be exempt from this ordinance.

A.

Any tower and antenna under seventy (70) feet in total height which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission;

B.

Any device designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite service; or

C.

Any telecommunications facilities located on property owned, leased or otherwise controlled by the City of Trenton provided a license or lease authorizing the telecommunications facility has been approved by the governing body.

D.

Any cable television headend or hub towers and antennae used solely for cable television services.

(Ord. of 1-3-2000, § II)

No new tower, except amateur radio towers, shall be permitted unless the applicant demonstrates to the satisfaction of the planning commission and the board of appeals that no existing tower or existing alternative tower structure can accommodate the applicant's proposed antenna. All evidence submitted shall be signed and sealed by appropriate licensed professionals or qualified industry experts. Evidence submitted to demonstrate that no existing tower or alternative tower structure can accommodate the proposed antenna shall consist of one or more of the following:

A.

That no existing towers or suitable alternative tower structures are located within the geographic antenna placement area required to meet the applicant's engineering requirements.

B.

That no existing towers or suitable alternative tower structures are of sufficient height to meet the applicant's engineering requirements.

C.

That existing towers or suitable alternative tower structures do not have sufficient structural strength to support the applicant's antenna and related equipment.

D.

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

E.

That the cost or contractual provisions required by the existing tower or suitable alternative tower structure owner to share an existing tower or suitable alternative tower structure or to adapt an existing tower or suitable alternative tower structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

F.

That the applicant adequately demonstrates that there are other limiting factors that render existing towers or suitable alternative tower structures unsuitable.

(Ord. of 1-3-2000, § III)

A.

General requirements for all telecommunications facilities: The requirements set forth in this section shall govern the location and construction of all telecommunications facilities governed by this ordinance.

1.

Building codes and safety standards: To ensure the structural integrity of telecommunications facilities, the owner of a telecommunications facility shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such telecommunications facilities, as amended from time to time. Owners of telecommunications facilities shall conduct periodic inspections of such facilities at least once every year to ensure structural integrity. Inspections shall be conducted by qualified, independent engineer licensed to practice in Georgia. The results of such inspection shall be provided to the director.

2.

Regulator compliance

a.

All telecommunications facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate telecommunications facilities. If such standards and regulations are changed then the owners of the telecommunications facilities governed by this ordinance shall bring such telecommunications facilities into compliance with such revised standards and regulations within the date established by the agency promulgating the standards or regulations.

b.

Owners of telecommunications facilities shall provide documentation showing that each telecommunications facility is in compliance with all applicable federal and state requirements. Evidence of compliance must be submitted every 12 months.

3.

Security: All telecommunications facilities shall be equipped with an appropriate anti-climbing device or other similar protective device to prevent unauthorized access to the telecommunications facility.

4.

Lighting: No illumination is permitted on telecommunications facilities unless required by the FCC, FAA or other state or federal agency of competent jurisdiction or unless necessary for air traffic safety. If lighting is required or necessary, the director may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.

5.

Advertising: No advertising is permitted on telecommunication facilities. However, a whip antenna may be allowed on any legally permitted permanent billboard or outdoor advertising sign as long as the other requirements of this ordinance are met.

6.

Visual impact

a.

Telecommunications facilities shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color or painted and /or textured to match the existing structure so as to reduce visual obtrusiveness.

b.

If an antenna is installed on a structure other than a tower, the antenna and associated electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Roof-mounted antennas shall be made visually unobtrusive by screening to match existing air conditioning units, stairs, elevator towers or other background.

c.

Where feasible, telecommunications facilities should be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.

d.

Telecommunications facilities shall not be placed in a direct line of sight with historic or scenic view corridors as designated by the governing body or by any state or federal law or agency.

e.

Any equipment shelter or cabinet that supports telecommunications facilities must be concealed from public view or made compatible with the architecture of the surrounding structures or placed underground. Equipment shelters or cabinets shall be screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained.

7.

Landscaping

a.

Landscaping shall be used to effectively screen the view of the telecommunications facility from adjacent public ways, public property and residential property.

b.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost.

c.

The board of appeals may waive or modify the landscaping requirement where lesser requirements are desirable for adequate visibility for security purposes, for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries and tree farms or where an antenna is placed on an existing structure. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the (landscaping requirement may be modified or waived by the board of appeals.

8.

Maintenance impacts. Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a collector or local street, access for maintenance vehicles shall be exclusively by means of the collector or local street.

9.

Principal, accessory and joint uses

a.

Accessory structures used in direct support of a telecommunications facility shall be allowed but not be used for offices, vehicles storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility.

10.

Lot size and setbacks

a.

The following setback requirements shall apply to all telecommunications facilities, provided however, that the board of appeals may reduce the standard setback requirements of this section if the goals of this ordinance would be better served thereby.

i.

Telecommunications towers must be set back a distance equal to the height of the tower from any off-site residential structure.

ii.

Towers, guy wires and accessory facilities must satisfy the minimum zoning district setback requirements.

iii.

Telecommunications facilities must be setback from any property line a sufficient distance to protect adjoining property from the potential impact of telecommunications facility failure by being large enough to accommodate such failure on the site, based on the engineer's analysis required in section 15-5.

b.

For antennas attached to the roof or a supporting structure on a rooftop, a 1:1 setback ratio (example: ten foot (10') high antenna and supporting structure requires ten foot (10') setback from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact.

B.

Additional requirements for towers:

1.

Site location and development shall preserve the preexisting character of the surrounding buildings and land uses and the zone district as much as possible. Personal wireless telecommunication towers shall be integrated through location and design to blend in with existing characteristics of the site to the extent practical.

2.

Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.

3.

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

4.

Towers shall not be located any closer than 1500 feet from an existing tower unless technologically required or visually preferable.

5.

When a tower is adjacent to a residential use, it must be set back from the nearest lot line a distance at least equal to its total height.

6.

In no case shall a tower be located in the required front yard, back yard or side yard in a residential district.

7.

Towers shall not be sited where they will negatively affect historic or scenic view corridors as designated by the governing body or any state or federal law or agency or where they will create visual clutter.

8.

Towers shall be enclosed by decay-resistant security fencing not less than six (6) feet in height and shall be equipped with an appropriate anti-climbing device or other similar protective device designated to prevent tower access.

9.

Placement of more than one tower on a lot shall be permitted, provided all setback, design and landscape requirements are met as to each tower. Structures may be located as close to each other as technically feasible, provided tower failure characteristics of towers on the site will not lead to multiple failures in the event that one fails.

(Ord. of 1-3-2000, § IV)

A.

General application requirements for all building and conditional use permits. In addition to all other requirements of this section, the following information shall be submitted when applying for any building permit, conditional use permit or other permit or variance included in this ordinance and must be submitted for an application to be considered complete.

1.

Basic information

a.

Site plan or plans to scale specifying the location of telecommunications facilities, transmission building and/or other accessory uses, access, parking, fences, landscaped areas, and adjacent land uses.

b.

Landscape plan to scale indicating size, spacing and type of plantings required in section 15-4(A)(7).

c.

A full description of the environment surrounding the proposed telecommunications facility, including any adjacent residential structures and districts, structures and sites of historic significance, streetscapes or scenic view corridors.

d.

A description of anticipated maintenance needs for the telecommunications facility, including frequency of service, personal needs, equipment needs, and traffic, noise or safety impacts of such maintenance.

e.

Report from a qualified, independent engineer licensed in the State of Georgia, documenting the following:

i.

Telecommunications facility height and design including technical engineering, economic and other pertinent factors governing selection of the proposed design;

ii.

Total anticipated capacity of the telecommunications facility, including number and types of antennae, which can be accommodated;

iii.

Structural failure characteristics of the telecommunications facility and demonstration that site and setback are of adequate size to contain debris.

f.

A definition of the area of service to be served by the antenna or tower and whether such antenna or tower is needed for coverage or capacity.

g.

Information showing the proposed facility would provide the needed coverage or capacity.

h.

The identity of a community liaison officer appointed by the applicant to resolve issues of concern to neighbors and residents relating to the construction and operation of the facility. Include name, address, telephone number, facsimile number and electronic mail address, if applicable.

i.

Identification of the geographic service area for the subject installation, including a map showing the site and the nearest or associated telecommunications facility sites within the network. Describe the distance between the telecommunications facility sites. Describe how this service area fits into and is necessary for the service network.

j.

Statement of the unavailability of existing towers or existing alternative tower structures as provided in section 15-3, above.

2.

Five year plan and site inventory. Each application shall include a five-year facilities plan and site inventory including the following:

a.

A list of all existing, existing to be upgraded or replaced, and proposed telecommunications facility sites within the city limits and within one mile of the city limits and a map showing these sites. The list must include the following information for each site;

i.

Street address;

ii.

Assessor's block and lot or other applicable ad valorem tax identification number;

iii.

Zoning district;

iv.

Type of building (commercial, residential, mixed use) and number of stories;

v.

The number of antennas and base transceiver stations per site and the location and type of antenna installation (stand-alone rooftop, building facade, etc.) and location of the base transceiver station installation(s);

vi.

The height from grade to the top of the antenna installation; and

vii.

The radio frequency range in megahertz, the wattage output of the equipment and effective radiated power.

b.

If the applicant does not know specific future tower and antenna site locations but does know of areas where telecommunications facilities will be needed within the next five years to provide service, the applicant shall list the assessor's blocks contained within the anticipated geographic service area and identify each geographic service area within a number that will correspond to the future telecommunication facility site.

3.

Additional information requirements for towers:

a.

Applicants must identify all existing towers for which there are applicants currently on file with the board of appeals. Applicants must provide evidence of the lack of space on all suitable existing towers to locate proposed antenna and of the lack of space on existing tower sites to construct a tower for the proposed antenna. If co-location on any such towers would result in less visual impact than the visual impact of the proposed tower, applicants must justify why such collocation is not being proposed. If co-location on any such tower would increase negative visual impact, then the applicant must so state and demonstrate. The board of appeals will review with special care justifications that appeal only to undue expense and/or to undue difficulties in entering into a lease agreement. The board of appeals shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site.

b.

In all zones, applicants must demonstrate that they cannot provide personal wireless communication service without the use of a telecommunications tower.

c.

The applicant shall quantify the additional tower capacity anticipated, including the approximate number and types of antennae. The applicant shall provide a drawing for each tower showing existing and proposed antennae locations. The applicant shall also describe any limitations on the ability of the tower to accommodate other uses, e.g., radio frequency interference, mass height, frequency or other characteristics. The applicant shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not chose to be incorporated. The board of appeals may approve those limitations if they cannot be overcome by reasonable technical means.

c.

The applicant must provide a utilities inventory showing the locations of all water, sewerage, drainage and power lines impacting the proposed tower site.

4.

The applicant must provide any other information, which may be requested by the planning commission or the board of appeals to fully evaluate and review the application and the potential impact a proposed telecommunications facility.

B.

Conditional use permits. In granting a conditional use permit, the board of appeals may impose additional zoning conditions to the extent determined necessary to buffer or otherwise minimize adverse effects of the proposed tower or antenna on surrounding properties.

(Ord. of 1-3-2000, § V)

Applicant and owner shall allow other future personal wireless service companies, including public and quasi-public agencies, using functionally equivalent personal wireless technology to co-locate antennae, equipment and facilities on a telecommunications facility unless specific technical constraints prohibit said co-location. Applicant and other personal wireless carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructure and shall provide for equitable sharing costing accordance with industry standards.

(Ord. of 1-3-2000, § VI)

Telecommunications facilities, including, without limitation, power source, ventilation and cooling, shall be operated at all times within the limits of the City of Trenton Noises Ordinance, shall not be operated so as to cause the generation of heat that adversely affects a building occupant and shall not be maintained or operated in such a manner as to be nuisance.

(Ord. of 1-3-2000, § VII)

All telecommunications facilities shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such facilities. If upon inspection by the director any such telecommunications facility is determined not to comply with the code standards or to constitute a danger to persons or property, then upon notice being provided to the owner of the facility and the owner of the property if such owner is different, such owners shall have thirty (30) days to bring such facility into compliance. In the event such telecommunications facility is not brought into compliance within (30) days the city may provide notice to the owners requiring the telecommunications facility to be removed. In the event such telecommunications facility is not removed within (30) days of receipt of such notice, the city may remove such facility and place a lien upon the property for the costs of removal. Delay by the city in taking action shall not in any way waive the city's right to take action. The city may pursue all legal remedies available to it to insure that telecommunications facilities not in compliance with the code standard or which constitute a danger to persons or property are brought into compliance or removed. The city may seek to have the telecommunications facility removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

(Ord. of 1-3-2000, § VIII)

A.

Any telecommunications facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it. The owner of a telecommunications facility and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications facility. If such antenna and/or tower are not removed within sixty (60) days of receipt of notice from the city notifying the owner(s) of such abandonment, the city may remove such tower and/or antennae and place a lien upon the property for the costs of removal. The city may pursue all legal remedies available to it to insure that abandoned telecommunications facilities are removed. Delay by the city in taking action shall not in any way waive the city's right to take action. The city may pursue all legal remedies available to it to insure that telecommunications facilities not in compliance with the code standards or which constitute a danger to persons or property are brought into compliance or removed. The city may seek to have the telecommunications facility removed regardless of the owner's operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

B.

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

(Ord. of 1-3-2000, § IX)

A.

All telecommunications facilities operative on January 3, 2000, shall be allowed to continue their present usage as a non-conforming use and shall be treated as a non-conforming use in accordance with section 18-20.1 of the Municipal Code. Routine maintenance, including replacement with a new tower or antenna of like construction and height, shall be permitted on such existing telecommunications facilities. New construction other than routine maintenance shall comply with requirements of this ordinance.

B.

A telecommunications facility that has received city approval as of January 3, 2000, in form of either a building permit or conditional use exception, but has not yet been constructed or placed in operation shall be considered an existing telecommunications facility so long as such approval is current and not expired.

C.

Placement of an antenna on a non-conforming structure shall not be considered an expansion of the non-conforming structure.

(Ord. of 1-3-2000, § X)

A.

Any person who attempts to erect a telecommunications facility covered by this ordinance without having first obtained the necessary building permit, conditional use permit or variance in the manner provided in this ordinance shall be guilty of violating a duly adopted ordinance of the city and shall be punished either by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days or both. The court shall have the power and authority to place any person guilty of violation of this ordinance on probation and to suspend or modify any fine or sentence. As a condition of such suspension, the court may required payment of restitution or imposes other punishment allowed by law.

B.

If any structure is erected, constructed, altered, repaired, converted or maintained in violation of this ordinance or without obtaining that required permits, or if any building, structure or land is used in violation of this article, the city, in addition to any other remedies, may institute proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violations. Each and every day unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues may be deemed a separate offense.

(Ord. of 1-3-2000, § XI)

A.

Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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.

B.

Repeal of laws in conflict. This ordinance supersedes all ordinances or parts of ordinances adopted prior hereto which are in conflict herewith, to the extent of such conflict.

(Ord. of 1-3-2000, § XII)