In order to accommodate the communication needs of residents and businesses while protecting the public, health, safety and general welfare, these regulations and requirements are intended to and are necessary to:

a.

Accommodate the need and demand for wireless communication services and facilitate the provision of wireless communication services to residents and businesses;

b.

Provide for the appropriate location and development of wireless communication facilities within the City of Union Springs;

c.

Protect the aesthetic integrity of the city and minimize adverse visual effects of wireless communication facilities through standards that require careful design, placement on site, landscape screening and innovative ways to minimize adverse visual impact;

d.

Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and

e.

Encourage and maximize the location and co-location of antennas on existing and approved towers, buildings and other structures to accommodate new wireless communication antennas thereby minimizing new visual impacts and reducing the number of antenna support structures needed to serve the city.

The regulations, standards and provisions set forth in this article shall apply to all commercial radio and television antennas and towers, television receiving antennas for cable television systems, telecommunications antennas and other antennas that are not an accessory use of the premises.

(Res. No. 2013-14, 12-2-2013)

This following antennas are exempted from the regulations and standards of this article:

a.

Installation of antennas on existing towers, which are not a nonconforming use, where the tower height is not increased and all accessory structures and uses are located within the existing tower compound.

b.

Installation of antennas on buildings which comply with all of the following conditions:

(1)

The property is not subject to a conditional use, variance or other zoning restriction which exceeds the requirements of the zoning ordinance.

(2)

The antenna does not extend more than 12 feet above the roof line of the building.

(3)

The accessory cabinet does not exceed 40 cubic feet in volume or is located where it is not visible from off the premises.

(Res. No. 2013-14, 12-2-2013)

Co-location shall be encouraged and preferred to new installation alternatives; therefore, no new tower structure shall be permitted unless the applicant provides certified documentation that demonstrates to the reasonable satisfaction of the Union Springs planning commission when a conditional use permit for location in a district is being requested and of the Union Springs zoning administrator prior to the issuance of a building permit for location in the Light Industrial District or that no existing tower or structure can accommodate the applicant's needs or that a co-location agreement could not be obtained. Communication antennas shall not be located on any residential structures.

(Res. No. 2013-14, 12-2-2013)

New tower structures shall be designed to provide and maximize shared use to the extent possible, given the structural and technical limitations of the type of tower proposed. New communication support structures over 100 feet shall be designed to accommodate the co-location of at least three antennas.

(Res. No. 2013-14, 12-2-2013)

Tower structures shall be placed no closer than a distance equal to the height of the tower from any residential dwelling or historic structure, even if located on the same property as the tower structure, and from any property line. No portion of any antenna array may extend beyond the property line.

Because of the unique nature of communications facilities, the planning commission may in the approval process require additional setbacks from property lines. If so, the following factors shall be considered when establishing additional setbacks:

a.

The type of communications facility;

b.

Relationship to other properties and buildings;

c.

Relationship to the public right-of-way;

d.

Size of the subject lot or parcel;

e.

Accessibility for public safety and other purposes; and

f.

Other factors which affect the communications facility, surrounding property and community at large.

(Res. No. 2013-14, 12-2-2013)

Freestanding tower structures shall not exceed 200 feet in height including antenna. Towers or antennas mounted on a structure other than a freestanding tower structure shall not extend more than 15 feet above the height of the existing structure. Accessory telecommunications facilities shall be no taller than 15 feet in height, and shall be compatible with the surrounding area.

(Res. No. 2013-14, 12-2-2013)

All towers and antennas shall meet or exceed the current standards and regulations of the Federal Aviation Agency and the Federal Communication Commission and any other agency of the federal. government with the authority to regulate towers and antennas. If such standards or regulations are revised, then the owners of the towers and antennas shall bring such towers and antennas into compliance with standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(Res. No. 2013-14, 12-2-2013)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, a review may be made of available lighting alternatives and approval given to the design that would cause the least disturbance to the surrounding views. If required by federal authorities, lights shall be shielded to the greatest extent possible to minimize visibility from the ground and the amount of light that falls onto nearby properties. Strobe lighting shall not be allowed unless required by a regulatory agency. Security lighting around the base of a communication tower or other antenna mount may be provided if the lighting is shielded so that no light is directed toward adjacent properties or rights-of-way.

(Res. No. 2013-14, 12-2-2013)

Communication tower structures shall either maintain a galvanized steel finish, or subject to any applicable Federal Aviation Agency standards, be painted a neutral color to reduce visual obtrusiveness. At a tower site, the design of the building and related communication facilities shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the communication facilities to the natural setting and built environment to reduce visual obtrusiveness. If an antenna is installed on a structure other than a tower, the antenna and supporting telecommunication facilities must be of a color that is identical to, or closely compatible with, the color of supporting structure so as to make the antenna and related facilities as visually unobtrusive as possible.

(Res. No. 2013-14, 12-2-2013)

A communications tower and any associated structures or facilities shall be surrounded by a security fence at least 8 feet in height that is installed around the perimeter of the tower compound. Sufficient anti-climbing measures must be incorporated into each facility to reduce potential for trespass, injury and security.

(Res. No. 2013-14, 12-2-2013)

Driveways and parking, consisting of an all-weather paved surface, shall be provided to assure access to the telecommunication facility for maintenance or emergency services. Provisions shall be made to provide access clearances for emergency vehicles. A copy of a recorded access easement or a copy of a lease granting access may be required in the absence of a dedicated right-of-way.

(Res. No. 2013-14, 12-2-2013)

One sign no larger than 4 square feet in area shall be placed in a visible location identifying the owner, the identification code of the tower, and an all-hours emergency telephone number. Such sign may also identify other users of the tower and warning or safety instructions. In addition, any signs specifically required by federal or state government are permitted. Neither communication antenna support structures, antennas support structure sites, nor communication antennas shall contain any signs for the purpose of advertising or be used in any manner for advertising purposes.

(Res. No. 2013-14, 12-2-2013)

Communication tower facilities shall be landscaped with a buffer of evergreen plant materials that effectively screens the view of the communication tower base and accessory structures from adjacent property that is zoned residential or in residential use. Evergreen plantings at the base of the tower shall be at least three feet high and no less than ten feet on center at the time of construction be waived during the approval process for property where natural growth and vegetation forms provide an equivalent buffer.

(Res. No. 2013-14, 12-2-2013)

Mobile or immobile equipment not used in direct support of a communication facility shall not be stored or parked on the site of the facility, unless repairs are being made to the facility.

(Res. No. 2013-14, 12-2-2013)

Each applicant requesting a conditional use permit from the planning commission or the issuance of a building permit from the zoning administrator shall, in addition to submitting all information required in Article 15 of this zoning ordinance, submit the following information:

a.

Scaled elevation, view and other supporting drawings, calculations and documentation signed and sealed by appropriate registered professionals.

b.

Radio frequency coverage and tower height requirements.

c.

A copy of the applicant's one- and five-year plans for development of its wireless communication facilities in the City of Union Springs area.

d.

An inventory of its existing communication tower facilities in the City of Union Springs, including specific information about the location, height and design of each tower. The City may share such information with others seeking to locate antennas within the City of Union Springs, provided however, that the City is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

e.

Other information deemed by the planning commission or the zoning administrator as necessary to determine compliance with this article and approval of the application.

(Res. No. 2013-14, 12-2-2013)

In determining whether to approve a special exception, permit issuance or rezoning for location and construction of a communications facility the following factors shall be considered:

a.

Height and setbacks of the proposed tower structure.

b.

Proximity of the tower structure and facilities to residential structures and residential zoning district boundaries.

c.

Nature of uses on adjacent and nearby properties.

d.

Surrounding topography.

e.

Surrounding tree coverage.

f.

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

g.

Proposed ingress and egress.

h.

An evaluation of the applicant's one- and five-year plans for development of its telecommunications facilities within the City of Union Springs area, as well as those plans on file from other telecommunications providers.

i.

Availability of suitable existing towers and other structures.

j.

Any other information that is consider reasonably necessary in connection with the review of the application.

(Res. No. 2013-14, 12-2-2013)

A temporary communication antenna may be allowed, upon approval of the planning commission, for the purpose of providing temporary wireless service for special short-term events such as political events, sporting events or entertainment events, or as necessary to aid in post disaster relief efforts.

(Res. No. 2013-14, 12-2-2013)

Prior to issuance of a building permit, the owner shall enter into an agreement with the City of Union Springs, to be approved by the city attorney, which requires the owner of the communications tower support structure to remove the structure upon its abandonment.

If a communications tower structure or antenna is not used for a continuous period of 12 months, it shall be deemed to be abandoned and the owner of such structure or antenna shall reactivate it or remove it within 90 days of receipt of notice from the city notifying the owner of such abandonment. If removal is not made within the 90 day period, the city may remove such tower structure and antenna and the owner shall be liable for any cost incurred by the city in the removal of the abandoned communication support structure and antenna. If there is more than one user of a single tower or antenna, then this provision shall not become effective until all users cease using the antennas on the tower.

(Res. No. 2013-14, 12-2-2013)

Camouflaged structures that resemble a natural object such as a tree or a man-made object such as bell and clock towers or church steeple are encouraged.

(Res. No. 2013-14, 12-2-2013)