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Union Point City Zoning Code

ARTICLE VII

- USE PROVISIONS BY DISTRICTS

Sec. 7.1. - Residential districts.

7.1.1 R-1 single-family residential districts. Within R-1 single-family residential districts, the following uses are permitted:

(1)

Single-family dwellings provided yard area [requirements] as specified in article VIII [are met].

(2)

[Reserved.]

(3)

Industrialized buildings qualifying as dwelling, single-family.

(4)

Accessory buildings when located on the same lot or parcel of land as the main structure and customarily incident thereto and provided the requirements under article IX are met.

(5)

Fallout shelters provided the applicable requirements under article IX are met.

(6)

Home swimming pools provided the location is not closer than 15 feet to any property line and the pool is enclosed by a wall or fence of at least four feet in height.

(7)

Religious uses such as synagogues, Sunday schools, convents, churches, etc. and related accessory buildings, provided they are located on a lot fronting an arterial or collector street and are placed not less than 50 feet from any property line. Cemeteries provided the requirements of article IX are met.

Conditional uses. Within the R-1 residential district, the uses enumerated below may be permitted provided the applicant for such a development is granted a conditional use permit by the mayor and council after a public hearing. Conditional use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

1.

Home occupations provided that the applicable requirements under article IX are met.

2.

Kindergartens, playschools, day care centers, and day care homes.

3.

Private schools and libraries, excluding business and trade schools.

4.

Municipal, county, state and federal uses which are necessary to the general public welfare, such as community buildings, schools, parks, recreation centers, water storage tanks, pump houses, public utility structures, etc. but excluding such uses as incinerators, dumps, garages, machine or equipment shops, equipment and material storage yards, etc. Such structures shall be properly screened as required in section 6.72 and architecturally harmonious with the general character of the surrounding area.

5.

Golf, swimming, tennis or country clubs, privately owned and operated community clubs or associations, athletic fields, parks, and recreation areas, provided that no building for such purposes is located within 100 feet of any property line.

6.

Public parking area where the area adjoins a commercial or industrial zone, provided such transitional use does not extend more than 100 feet into the R-1 district.

7.

Manufactured home qualifying as dwelling, single-family, provided public water and sewerage is available.

(Ord. of 2-8-1994(1), §§ 2, 3)

7.1.2 R-1A single-family residential district. Within the R-1A single-family residential district, the following uses are permitted:

(1)

Single-family dwellings provided yard area as specified in article VIII and roof pitch is greater than 2:12.

(2)

[Reserved.]

(3)

Industrialized buildings qualifying as dwelling, single-family.

(4)

Accessory buildings when located on the same lot or parcel of land as the main structure and customarily incident thereto and provided the requirements under article IX are met.

(5)

Fallout shelters provided the applicable requirements under article IX are met.

(6)

Home swimming pools provided the location is not closer than 15 feet to any property line and the pool is enclosed by a wall or fence of at least four feet in height.

(Ord. of 2-8-1994(1), §§ 2, 3)

7.1.3 R-2 two-family residential districts. Within the R-2 two-family residential districts, the following uses are permitted:

(1)

Two-family dwellings (duplex).

(2)

Garage apartment.

(3)

Patio house.

Conditional uses. Within the R-2 two-family residential district, the uses enumerated below may be permitted, in accordance with section 10.7, provided the applicant for such a development is granted a conditional use permit by the mayor and council and after a public hearing. Conditional use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

1.

Manufactured home, qualifying as dwelling, single-family, provided public water and sewerage is available.

(Ord. of 2-8-1994(1), § 6)

7.1.4 R-3 multifamily residential district. Within the R-3 multifamily residential district, the following uses are permitted:

(1)

Multifamily dwellings.

(2)

Townhouses or condominiums, provided the requirements of article IX are met.

(3)

Apartment house.

(4)

Office buildings exclusively used for professional occupancy and of such character and nature that such use will not adversely affect adjacent and nearby residential properties.

(5)

Hospitals, sanitariums, clinics, convalescent or nursing homes.

(6)

Clubs, lodges and boardinghouses.

(7)

Individual manufactured homes, qualifying as dwelling, single-family; individual manufactured homes which do not meet the requirements of dwelling, single-family; and individual mobile homes.

(8)

Manufactured home subdivision.

(9)

Personal care homes.

(Ord. of 2-8-1994(2), § 2; Ord. of 2-8-1994(1), § 7)

7.1.5 MHD manufactured home district. Within the [MHD] manufactured home district, the following uses are permitted:

(1)

Manufactured home parks.

(2)

Single-family dwellings.

(3)

Multifamily dwellings provided yard area [requirements] as specified in article VIII [are met].

(4)

Travel trailer parks.

(5)

Individual manufactured homes, qualifying as dwelling, single-family; individual manufactured homes which do not meet the requirements of dwelling, single-family; and individual mobile homes.

(Ord. of 2-8-1994(1), § 8)

Sec. 7.2. - Commercial district.

7.2.1 C-1 neighborhood commercial district.

7.2.1.1 Required conditions. All businesses, servicing, storage, or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible, as, for example: off-street loading, automobile parking for customers while on the premises, miniature golf courses, and the sale of automobile fuel at service stations. Uses, processes or equipment employed shall be limited to those which are not objectionable by reasons of odor, dust, bright lights, smoke, noise or vibrations. Uses are limited to those which will serve as convenience centers to serve the needs of their immediate neighborhoods and maintain economic compatibility.

7.2.1.2 Permitted uses. Within the C-1 neighborhood commercial district, the following uses are permitted:

(1)

Any retail business or commercial use in which there is no processing, storage or treatment of materials, goods or products except as provided for, including:

(a)

Art and antique shops.

(b)

Drive-in banks.

(c)

Bicycle or motorcycle stores.

(d)

Book, stationery, camera or photographic supply stores.

(e)

Confectionery stores.

(f)

Drug stores.

(g)

Ice cream parlors.

(h)

Florists, nursery, and gift shops.

(i)

Jewelry stores.

(j)

Convenience type grocer, fruits, vegetables, meat markets, delicatessens, catering but not including produce stands.

(2)

Any of the following service businesses:

(a)

Barber and beauty shops.

(b)

Neighborhood groceries.

(c )

Dressmaking, tailoring, and upholstering shops.

(d)

Laundry and dry cleaning pickup stations, and self-service laundry.

(e)

Shoe repair shops.

(f)

Cafes, grills, lunch counters, and restaurants but not including nightclubs, bars and taverns, or drive-in restaurants.

(3)

Office buildings.

(4)

Dry cleaners.

(5)

Multifamily dwellings provided the area requirements of article VIII and section 9.22 are met.

(6)

Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto, provided the requirements under article IX are met.

(7)

Swimming pools associated with apartment complexes.

(8)

Fallout shelters provided the requirements under article IX are met.

(9)

Signs as permitted in article IX.

(10)

Existing commercial buildings containing an apartment(s).

(11)

Public uses.

7.2.2 C-2 general commercial district.

7.2.2.1 Required conditions. All businesses, servicing, storage, or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible, as, for example: off-street loading, automobile parking for customers while on the premises, miniature golf courses, and the sale of automobile fuel at service stations. Uses, processes or equipment employed shall be limited to those which are not objectionable by reasons of odor, dust, bright lights, smoke, noise or vibrations. Uses are limited to those which will serve as convenience centers to serve the needs of their immediate neighborhoods and maintain economic compatibility. All uses permitted shall be architecturally harmonious with the surrounding area.

7.2.2.2 Permitted uses. Within the C-2 general commercial district, the following uses are permitted:

(1)

Any retail business or commercial use in which there is no processing, storage, if the storage is the primary use of the building, or treatment of materials, goods or products except as provided for, including:

(a)

Appliance stores, including radio and television services.

(b)

Art and antique shops.

(c)

Bakeries employing no more than ten persons.

(d)

Banks and drive-in banks.

(e)

Bicycle or motorcycle stores.

(f)

Book, stationery, camera or photographic supply stores.

(g)

Cafes, grills, lunch counters, and restaurants.

(h)

Confectionery stores.

(i)

Clothing, shoe, millinery, dry goods, and notions.

(j)

Drug stores.

(k)

Ice cream parlors.

(l)

Florists, nursery, and gift shops.

(m)

Furniture, home furnishings, including office furniture and equipment.

(n)

Groceries, fruit, vegetable or meat markets, delicatessens, catering and supermarkets, but not including produce stands or the selling of produce from vehicles.

(o)

Hardware and paint stores.

(p)

Jewelry stores.

(2)

Any of the following service businesses:

(a)

Barber and beauty shops.

(b)

Cafes, grills, lunch counters, and restaurants.

(c)

Dressmaking and tailoring shops.

(d)

Laundry and dry cleaning pickup stations, and self-service laundry.

(e)

Shoe repair shops.

(3)

Office buildings.

(4)

Bowling alleys and billiard rooms.

(5)

General farming and horticulture.

(6)

Bus and railroad terminal facilities.

(7)

Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto, provided the requirements under article IX are met.

(8)

Dry cleaners.

(9)

Fallout shelters provided the requirements under article IX are met.

(10)

Signs as permitted in article IX.

(11)

Automobile service stations provided the requirements in article IX are met.

(12)

Temporary tents for revivals.

(13)

Theaters, but not including drive-in theaters.

(14)

Mini-storage warehouses. Said warehouses shall be defined, for purposes of this section, as a group of buildings divided into separate units or areas used to meet the temporary storage needs of businesses, apartment dwellers, and other individuals, with the units being available to the general public on a self-service basis.

(a)

No retail or wholesale business activities shall be conducted on the premises.

(b)

No storage of flammable, toxic or combustible materials shall be permitted within the buildings or upon the premises.

(15)

Churches and other places of worship with attendant education and recreational buildings.

(16)

Kindergartens, playschools, and day care centers and homes.

(17)

Golf, swimming, tennis or country clubs, privately owned and operated community clubs or associations, athletic fields, parks and recreational areas.

(18)

Private clubs, fraternal orders or lodges.

(19)

Hospitals, clinics, sanitariums, convalescent or nursing homes.

(20)

Commercial parking garages or lots provided no entrance or exit be on the same side of the street and within the same block as a school and that curb breaks be limited to two for each 100 feet of street frontage, each not to exceed 30 feet in width and not located closer than 30 feet to a street intersection.

(21)

Temporary uses including sale of Christmas trees, carnivals, church bazaars, sale of seasonal fruit and vegetables from roadside stands, provided such use is not permitted for a period to exceed two months in any calendar year.

(22)

Bottling works for soft drinks.

(23)

Printing, blueprinting, book binding, photostating, lithography and publishing establishments.

(24)

Undertaking or mortuary establishments, and ambulance services.

(25)

All uses of predominantly retail nature, including:

(a)

Electrical supplies.

(b)

Heating and plumbing equipment.

(c)

Dairy products.

(d)

Bakeries.

(e)

Tires, batteries, and other automotive accessories.

(f)

Sporting goods.

(g)

Farm and garden supplies.

(h)

Finance, insurance, and real estate offices.

(26)

Public utility structures and buildings, including electric and natural gas substations, telephone exchanges, radio and television stations, and similar structures for the storage of supplies, equipment or service operations when properly screened as required in section 6.7.

(27)

Private schools and libraries.

(28)

Motels, hotels, and apartment hotels.

(29)

Food locker plant renting lockers for the storage of food, including sale or retail, delivery, and cutting of package meats but not including slaughtering.

(30)

Automobile repair garages, mechanical and body, provided all operations are conducted in a building which shall not have any opening, other than a stationary window, within 100 feet of a residential district and which shall not store or otherwise maintain any parts or waste material outside such buildings.

(31)

Drive-in restaurants.

(32)

Milk bottling and distribution and ice cream manufacture.

(33)

Places of assembly, including auditoriums, stadiums, coliseums and dance halls.

(34)

Produce and farmers markets.

(35)

Dry cleaning and laundry establishments.

(36)

Trade shops including sheet metal, roofing, upholstery, electrical, plumbing, Venetian blind, cabinetmaking and carpentry, rug and carpet cleaning and sign painting provided that all operations are conducted entirely within a building which shall not have any opening, other than stationary windows, within 100 feet of any residential districts.

(37)

Taxi stands and dispatchers.

(38)

Residential.

(a)

Minimum floor space requirements and maximum number of occupants.

(1)

The upper dwelling unit shall be limited to between three [hundred] and eight [hundred] square feet of heated living area. If the upper unit is located within an existing building, the mayor and council may allow increased size in order to efficiently use all of the existing floor area, so long as all other standards are met.

(b)

Building codes. All residential renovations shall comply with all existing commercial building codes and fire codes (NEPA Life Safety Code, 1990 Edition, Southern Building Code, Standards Fire Prevention Code) with fire walls.

(c)

Restrictions.

(1)

All window treatments must be color coordinated with other window treatments in the residential apartment. No signs, drawing or photographs incorporated into the window treatments.

(2)

No outside mailboxes are permitted except for a wall mounted mailbox which is mounted to the exterior wall at the rear entrance of the residential unit.

(3)

No outside television or radio antennas are permitted. Satellite reception equipments and cable TV connections are permitted if located at the rear of the building.

(4)

Daily or weekly boarding rooms are prohibited. Only full-time renter or owner occupied dwelling units are permitted.

(5)

Each dwelling unit shall be furnished with a washer and dryer connection.

(6)

No drying of clothes is permitted on the outside of any building.

(7)

Entry to the unit or to a hallway serving one or more units shall be provided by a stairway opening directly to the outside of the rear of the building; except where the owner occupies both the ground level and the residential apartment, then entry may be through the ground floor. No dwelling unit shall occupy street level frontage.

(8)

No window unit air-conditioning unit shall be visible from the front street.

(9)

Washing or waxing of vehicles is not permitted in the parking area for the dwelling unit.

(10)

No recreation, entertainment, public gathering or placement of furniture is allowed on the sidewalks unless permitted by the mayor and council.

(11)

No garage sales or yard sales are allowed.

(d)

Parking.

(1)

Each residential unit shall be restricted to two vehicles. No vehicle shall park on the public streets or alleys in those areas designated as "two hour parking zones" during the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday or from 8:00 a.m. to 4:00 p.m. on Saturday. All parking shall be restricted to off-street parking whenever possible.

(2)

Violations of this requirement shall be prosecuted the same as violation of the two-hour parking restriction set forth in the City's Code of Ordinances.

(3)

A separate residential approved trash container shall be furnished for each dwelling unit. The container shall be located at the rear of the building.

(4)

A copy of this ordinance shall be made a part of each lease agreement.

7.2.2.3 Conditional uses. Within the C-2 general commercial district, residential dwelling may be permitted on a ground floor behind storefront commercial or retail space, provided the applicant for such a use is granted a conditional use permit by the mayor and council and after a public hearing. Conditional use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

(Ord. of 3-20-2006, § I; Ord. of 12-9-2008, § 1)

Cross reference— Businesses, ch. 22.

Sec. 7.3. - Wholesale and industrial district.

7.3.1 M-1 wholesale and light industrial district. Within the M-1 wholesale and light industrial district, the following uses are permitted:

(1)

All permitted uses in a C-2 general commercial district except residential structures.

(2)

Ice plants.

(3)

Automobile laundries or car washes provided that a paved area shall be located on the same lot for the storage of vehicles awaiting entrance to the washing process sufficient to contain a number of vehicles (at 200 square feet per vehicle) equal to one-third of the practical hourly capacity of the washing machines and provided that curb breaks be limited to two, each not to exceed 30 feet in width, and located no closer than 20 feet to an intersection.

(4)

Contractor's storage and equipment yards when located entirely within a building or fenced area required in section 6.7.

(5)

Building and lumber supply establishments provided entire storage area is properly screened as required in section 6.7, or of a greater height as required to adequately screen such areas, and that any machine operations be conducted entirely within a building which shall not have any opening, other than a stationary window, within 100 feet of a residential district.

(6)

Establishments for manufacture, repair, assembly, or processing including:

(a)

Confectionery manufacturers.

(b)

Clothing and garment manufacturers.

(c)

Laboratories for testing materials, chemical analysis, photography processing.

(d)

Manufacturers and assemblers of scientific, optical and electrical equipment.

(e)

Manufacturers of musical instruments and parts.

(f)

Manufacturers of souvenirs and novelties.

(g)

Manufacturers of toys, sporting, and athletic goods.

(7)

Wholesale warehouses.

(8)

Drive-in theaters provided acceleration and deceleration lanes of at least 200 feet in length are provided for the use of vehicles entering or leaving the theater and the volume or concentration of traffic will not constitute a safety hazard or unduly impede highway traffic movement, and provided that the screen is not visible from any expressway, freeway, arterial, or collector street located within 2,000 feet of such screen.

(9)

Truck terminals provided that acceleration and deceleration lanes of at least 200 feet are provided for trucks entering or leaving the site and that the truck traffic so generated will not create a safety hazard or unduly impede traffic movement.

(10)

Trade shops, including sheet metal, roofing, upholstery, electrical, plumbing, Venetian blinds, cabinetmaking and carpentry, rug and carpet cleaning, and sign painting provided that all operations are conducted entirely within a building which shall not have any opening, other than stationary windows, within 100 feet of any residential district.

(11)

Food processing plants, such as bakeries, meat packers, fish and poultry houses.

(12)

Frozen dessert and milk processing plants.

(13)

Any other establishments for the manufacture, repair, assembly, or processing of materials, which are not objectionable by reason of smoke, dust, odors, bright lights, noise, or vibration, or which will not contribute to the congestion of traffic shall be permitted in the M-1 wholesale and light industrial district upon approval by the mayor and council.

7.3.2 No residential structure shall hereafter be erected in the M-1 zoning district.

Sec. 7.4. - RM group development district.

The RM group development district is designed to accommodate high density developments such as apartment complexes, mobile home parks, and condominiums. When such development is proposed, the party or parties must petition for rezoning to RM. If rezoning is granted after a public hearing, the following uses require the submittal of complete site development plans and are permitted only by a conditional use permit from the mayor and council.

Sec. 7.5. - Public institutional.

This district is intended for government and utility owned and/or operated land, such as county and city government offices, library, school, law enforcement, emergency services, utility facilities, and other areas owned or operated by city or county government or utilities. Any cell tower use shall be governed by the requirements set forth in exhibit A hereto.

Exhibit A
Telecommunications Tower and Antenna

(1)

Notwithstanding setback regulations, the required setback to any public right-of-way or residence or any other property where people regularly gather or travel is equal to the height of the tower. The setback shall be measured from the base of the tower.

(2)

Telecommunications towers and antennas shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration or Federal Communications Commission, be painted a neutral color, so as to reduce visual obtrusiveness. At a tower site, the design of the buildings and related structures shall, to the maximum extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. No advertising sign or logo is permitted on any tower or antenna.

(3)

Radio, television or other electromagnetic transmission or reception on other properties will not be disturbed or diminished.

(4)

The tower will have lighting which consists of a red or bright white light at night and strobes in daylight, when lighting is required by the Federal Aviation Administration. The lighting shall be oriented so as not to project directly onto surrounding residential property. The owner shall submit documentation from the FAA that the lighting is the minimum required by the FAA.

(5)

Telecommunications towers and antennas shall be entirely enclosed by a security fence not less than six feet tall. Towers shall be equipped with an appropriate anti-climbing device. This requirement shall not apply to alternative tower structures provided equivalent alternative security measures are installed.

(6)

In addition to any other landscaping or buffer requirements that may apply, telecommunications towers and antennas shall be landscaped with a buffer of plant material that effectively reduces the visual obtrusiveness of the tower site from adjacent uses. Existing tree growth and natural land forms on site shall be preserved to the maximum extent possible. At a minimum, a buffer strip ten feet in width shall be provided around the perimeter of the site. The tower compound shall be surrounded by a tight evergreen vegetative screen not less than six feet tall and shall consist of evergreen trees and/or shrubs that will normally obtain a height of eight feet within five years. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

(7)

Telecommunications towers and antennas shall be constructed to the minimum height necessary to accomplish their required telecommunications purpose.

(8)

Output power levels from the tower and/or associated antennas shall not exceed the current federally approved levels for exposure to electromagnetic radiation.

(9)

Each applicant requesting a conditional use permit shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the building and code official to be necessary to assess compliance with this ordinance. Any information of an engineering nature shall be certified by a licensed professional engineer.

(10)

Each applicant for a tower and/or antenna shall also provide an inventory of its existing towers that are either within the city or one-quarter mile thereof, including specific information about the location, height, and design of each tower. The city may share such information with other applicants applying for land use approvals and permits under this ordinance or other organizations seeking to locate antennas within the city. However, the city is not, by sharing such information, representing or warranting that such sites are available or suitable.

(11)

The planning commission and council shall consider the following factors in determining whether to issue a conditional use permit for a telecommunication facility:

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Type of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Design of the tower, particularly as to visual obtrusiveness;

f.

Proposed ingress and egress;

g.

Availability of suitable existing towers and other structures as discussed above; and

h.

Whether the tower is designed to accommodate additional antennas.

(12)

All decisions by the city or its officials regarding a request to place, construct or modify a telecommunications tower or antenna shall be in writing and supported by a written record documenting the reasons for the denial and the evidence in support thereof. All such decisions shall be made within a reasonable time from the date a completed application is duly filed with the appropriate department. Applications in all cases where the telecommunications tower or antenna is an authorized use shall be made to and decided by the mayor and council upon review and recommendations of an engineer pursuant to all standards and requirements herein.

(13)

Co-location of antennas is encouraged. Each applicant for a telecommunications tower or antenna shall provide to the city an inventory of existing towers that are either within the jurisdiction of Union Point or within one-quarter mile of the boundaries thereof, including information regarding the location, height, and design of each tower. The city may share such information with other applicants applying for conditional use permits under this ordinance or with other organizations seeking to locate antennas within the jurisdiction of Union Point, provided, however, that the city is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of Union Point that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence shall be submitted at the time of application which demonstrates that no existing tower or structure can accommodate the applicant's proposed antenna and may consist of the following:

a.

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

b.

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

c.

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

d.

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.

e.

The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.

f.

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

(14)

All transmission towers installed after the effective date of [this section] shall be structurally and mechanically capable of accommodating the antenna or array of antennae of more than one user/transmitter, unless the tower is incapable of supporting more than one user/transmitter due to the design of the tower which is incorporated into another structure in compliance. Monopoles shall accommodate a minimum of two total users, lattice or other types of towers shall accommodate a minimum of three total users. To ensure structural integrity, towers and antennas shall be maintained in compliance with the building code and the current applicable standards published by the Electronic Industries Association. If the city concludes that a tower or antenna fails to comply and/or constitutes a danger to persons or property, then upon notice to the owner, the owner shall have 30 days to bring such tower or antenna into compliance. If the owner fails to do so, the city may remove such tower or antenna at the owner's expense. Any such removal shall be as provided in O.C.G.A. §§ 41-2-8—41-2-17.

(15)

To further encourage co-location, additional users and associated equipment which do not add to the tower height, may be added without additional approval. However, additional building code regulations may apply. Site plans must show the locations for at least two equipment buildings, even if the tower is proposed for a single user.

(16)

Installation of an antenna on an existing alternative tower structures (a building, sign, light pole, water tower, or other free-standing nonresidential structure) 50 feet tall or greater is permitted, subject to zoning district restrictions.

(17)

The placement of additional buildings or other supporting equipment necessarily required in connection with an otherwise authorized telecommunications tower or antenna is authorized.

(18)

Any telecommunications tower or antenna that is not operated for a continuous period of six months shall be considered abandoned and the owner of such antenna or tower shall remove same within 90 days of receipt of notice by the city notifying the owner of such abandonment.

(Ord. of 5-10-2011, § 1(Exh. A))