1.

Purpose. The Telecommunications Act of 1996 affirmed the City of West Point's authority concerning the placement, construction, and modification of towers, antennas, and the facilities whereon such towers or antennas are located. This section is designed and intended to balance the interests of the residents of the City of West Point, Georgia, telecommunications providers, and telecommunications customers in the siting of telecom-munications facilities within the City of West Point, Georgia, so as to protect the health, safety, and integrity of residential neighborhoods, and to foster, through appropriate zoning and land use controls, a competitive environment for telecommunications carriers that does not unreasonably discriminate among providers of functionally equivalent personal wireless services. This section shall not prohibit, or have the effect of prohibiting, the provision of personal wireless services. This section is intended to promote the City of West Point, Georgia, as a proactive city in the availability of personal telecommunications service. To that end, this section shall:

(a)

Provide the appropriate location and development of telecommunications facilities within the City of West Point, Georgia;

(b)

Protect the City of West Point, Georgia's built and natural environment by promoting compatible design standards for towers;

(c)

Minimize adverse visual impacts of towers through careful design, siting, and landscape screening;

(d)

Avoid potential damage to adjacent properties from tower or antenna failure through engineering and careful siting of towers and antennas;

(e)

Maximize use of any new and existing towers through co-location so as to minimize the need to construct new towers and minimize the total number of towers throughout the City of West Point, Georgia;

(f)

Maximize and encourage use of alternate tower structures as a primary option rather than construction of additional single-use towers; and

(g)

Encourage and promote the location of new telecommunications activities in areas which are not zoned for residential use.

2.

Definitions. As used in this section pertaining only to Standards for telecommunications facilities, the following terms shall have the meanings ascribed below:

Accessory facility or structure. An accessory facility or structure serving or being used in conjunction with telecommunications facilities, and located on the same property or lot as the telecommunications facilities, including but not limited to, utility or transmission equipment storage sheds or cabinets.

Applicant. Any wireless service provider submitting an application for a telecommunications facility.

Application. All necessary and appropriate documentation that an applicant submits in order to receive a permit for a telecommunications facility.

Antenna. A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.

Board of adjustment. The appointed Board of Adjustment of the City of West Point, Georgia, authorized to hear and decide tower permit applications and any other duties as determined by the ordinance.

Camouflage or stealth. Disguising a tower or telecommunications facility so as to make it less visually obtrusive and not recognizable to the average person as a telecommunications facility.

City. Means West Point, Georgia.

Co-location. The use of an existing tower or structure to support antenna for the provision of wireless services.

Coverage zone. The area in which a wireless device can receive service.

FAA. The Federal Aviation Administration, or its duly designated and authorized successor agency.

FCC. The Federal Communications Commission, or its duly designated and authorized successor agency.

Governing authority. The Mayor and City Council of West Point, Georgia.

Guy tower. A tower supported, in whole or in part, by guy wires and ground anchors.

Height. When referring to a tower or structure, the distance measured from the pre-existing grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightening protection device.

Lattice tower. A guyed or self-supporting open frame structure that has three or four sides used to support telecommunications equipment.

Monopole tower. A structure consisting of a single spire or pole, constructed without guy wires or ground anchors, used to support telecommunications equipment.

Nonconforming structure. See definition of Nonconforming use.

Nonconforming use. Any facility/structure or land lawfully occupied by a use at the time of passage of this section or amendment thereto which does not conform after the passage of this section or an amendment thereto with the use regulations of the district in which it is situated.

Nonresidential zoning district. CBD, CGN, CHV, I-1, or I-2 zoning districts.

Ordinance. The City of West Point Zoning Ordinance.

Person. Any individual, corporation, estate, trust, partnership, joint stock company, association of two (2) or more persons having a joint common interest, or any other entity.

Repairs and maintenance. The replacement or repair of any components of a telecommunications facility where the replacement is materially identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted.

Residential zoning district. R-1A, R-1, R-2, RPUD-1, and MXD-1 zoning districts.

Section.Section 20A of the City of West Point Zoning Ordinance entitled Standards for Telecommunications Facilities.

Separation. The minimum horizontal distance between two towers.

Setback. The minimum horizontal distance between the lot or property line and the nearest front, side, or rear line of the facility/structure (as the case may be), or any covered projection.

Staff. The staff of the Department of Community Development of West Point, Georgia.

State. The State of Georgia.

Telecommunications. The transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.

Telecommunications facility. A tower, antenna, or any and all buildings, structures, or other supporting equipment used in connection with a tower or antenna.

Tower. Any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.

Variance. A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section.

3.

General requirements for a tower.

(a)

The height limitations set forth in this Ordinance applicable to buildings and structures shall not apply to towers which shall be governed by this section.

(b)

If a tower is to be erected in an I-1 or I-2 zoning district and meets the requirements found in this section, staff can process the building permit application.

If a tower is to be erected in a zoning district other than I-1 and I-2, a tower permit must be obtained from the board of adjustment. In addition to standards required in this section, the following standards shall be considered by the board of adjustment prior to the approval of a permit for a tower:

(1)

Height of the proposed tower.

(2)

Proximity of the tower to residential structures and residential zoning districts, historical districts, parks, and designated nature preserve areas.

(3)

Nature of the uses on adjacent and nearby properties.

(4)

Surrounding topography.

(5)

Surrounding tree coverage and foliage.

(6)

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

(7)

Availability of suitable existing towers and other structures for co-location as defined in this section.

(c)

All new towers or antennas shall obtain a building permit prior to the construction or placement of such structures or facilities. A building permit shall not be approved for such towers without prior approval of a tower permit if so required by this ordinance.

(d)

The application for a tower shall include, but not be limited to, the following information:

(1)

A survey site plan drawn to scale by a professional licensed by the State of Georgia showing all property lines with dimensions, location of existing buildings and other structures, topography, location of setback lines or other dimensional requirements, proposed tower location, tower height, location of accessory structures to the tower, proposed landscaping, neighboring uses, north arrow, and property street number;

(2)

The coverage zone of the proposed tower;

(3)

A report, documented by the submission of a certification by a qualified engineer licensed by the State of Georgia, showing evidence of an engineering nature which demonstrates that no existing tower or structure can accommodate the proposed antenna(s). Said report shall include, but not be limited to, the following information:

i.

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

ii.

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

iii.

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

iv.

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;

v.

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 (costs exceeding new tower development are considered to be unreasonable); or

vi.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable; and

(4)

A report by a professional licensed by the State of Georgia explaining the process by which the subject site was chosen.

(e)

Shared usage of towers and antennas is encouraged, and towers shall be designed to accommodate at least one (1) other entity to co-locate on such towers.

(f)

Accessory facilities or structures shall be limited to the restrictions described in the definition of accessory facilities or structures found in the definitions of the section.

(g)

All towers shall be equipped with an anti-climbing device to prevent unauthorized access and such towers and related accessory facilities or structures shall be enclosed by security fencing not less than six (6) feet in height.

(h)

At the time of application for a building permit, the plans for the construction of a tower shall be certified by an independent registered structural engineer licensed by the State of Georgia as meeting all current safety and design standards of all applicable codes.

(i)

Towers are encouraged to locate in nonresidential areas where possible. Towers shall not be permitted within a single-family residential zoning district unless the applicant can show that the denial of a permit in such a location will cause a significantly harmful and permanent degradation of service which cannot be overcome by any other means including planned or potential locations which would provide the same or similar coverage or capacity.

(j)

Towers shall not be permitted in the CBD zoning district or any designated historic district.

(k)

Lattice and guy towers shall be permitted only within the I-1 and I-2 districts.

(l)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration, Federal Communications Commission, or other applicable federal or state agency, be painted a neutral color or painted to match the existing structure so as to reduce visual obtrusiveness.

(m)

Towers shall not be artificially lighted unless required by the Federal Aviation Administration, Federal Communications Commission or other state or federal agency of competent jurisdiction. If lighting is required, the staff may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

(n)

Towers shall not exceed a height required for a safe approach to any nearby airport as set forth by the Federal Aviation Administration.

(o)

If upon inspection or upon receipt of an engineer's report, the building official determines that an antenna or tower has not been utilized by any communications service provider for any communications-related purpose for a continuous period of twelve (12) consecutive months, such antenna or tower shall be considered abandoned and the owner shall remove the same within ninety (90) days of receipt of written notice from the city. If the antenna or tower is not removed within said ninety (90) days, the city may proceed with removal of such antenna or tower and place a lien upon the property for the costs of such removal.

(p)

No advertising or signage is permitted on the tower other than warning or equipment information.

4.

Action on application; appeals.

(a)

The board of adjustment shall approve or deny an application for a tower permit within one hundred fifty (150) days of submission of a complete application. Any decision denying a request to place, construct or modify a telecommunications facility shall be in writing and supported by evidence contained within a written record.

(b)

Any applicant aggrieved by the decision of the board of adjustment under this ordinance may seek judicial review by filing for a writ of certiorari in the Superior Court of Troup County within thirty (30) days of the decision.

5.

General requirements for a co-location. The applicant must submit two sets of accurate drawings including a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation including, but not limited to, the method of construction and attachment to the building or structure. Plans for antenna construction shall be certified by an independent, registered structural engineer in the State of Georgia as meeting all current safety and design standards of all applicable federal, state, and city codes. The city shall approve or deny an application for a building permit for co-location within sixty (60) days of the filing of a complete application.

6.

Tower setbacks, height, and separation.

(a)

Setbacks. Towers erected in any zoning district shall be set back a distance equal to the full vertical height of the tower from all adjoining property lines of a nonresidential zoning district and a distance of twice (×2) the height of the tower from all property lines which adjoin a residential zoning district or any residential structure. For purposes of determining whether the installation of a tower complies with setback requirements, the dimensions of the entire lot shall control, even though the tower may be located on leased parcels within such lots.

(b)

Height. Towers shall be limited to a height of two hundred (200) feet in an I-1 or I-2 zoning district, one hundred fifty (150) feet in a CGN or CHV zoning district, and one hundred twenty (120) feet in a R-1A, R-1, R-2, RPUD-1, and MXD-1 zoning district.

(c)

Separation. Towers shall be separated a distance equal to one-quarter (¼) of a mile. (Excludes such towers erected in the I-1 or I-2 zoning districts.)

7.

Landscaping requirements. Where adequate existing vegetation is not present, as determined by the city, towers located in all zoning districts other than I-1 and I-2 shall have the base of the tower and any accessory facilities or structures to the tower screened on all sides with a landscaped area having a minimum width of fifteen (15) feet. Said area shall be included in the setback and shall be planted with trees of an evergreen species capable of achieving a minimum height of twenty (20) feet at maturity so as to provide a visual barrier. Required plantings shall be a minimum of five (5) feet in height at the time of planting and placed outside of any required security fencing and shall be regularly maintained by the property owner(s) to ensure that the above objectives and standards are met.

8.

Nonconforming structures. Any telecommunications facility existing on the date of the adoption of this section shall be considered a nonconforming structure and shall be required to follow the standards set forth in section 23 of the of West Point Zoning Ordinance.

9.

Exemptions. The following actions shall not require an application for a tower permit from the board of adjustment:

(a)

A single tower seventy-five (75) feet in height or less owned and operated by a federally licensed amateur radio station operator shall be exempt from these requirements. However, the owner or operator of such antenna shall be required to comply with all applicable city, state, and federal building codes.

(b)

Antennas attached to existing nonresidential structures are exempt from these requirements except that such antennas shall meet or exceed Federal Aviation Administration and Federal Communications Commission standards and shall be limited to ten (10) feet in height above an existing structure in the CBD zoning district or any designated historic district and twenty (20) feet in height above an existing structure in all other zoning districts. Such nonresidential structures shall include buildings, light poles, water towers, church steeples, and other similar structures. Such antennas shall not be attached to freestanding sign structures. Prior to placement, a building permit shall be obtained. Placement of antennas or other communications equipment on any nonconforming use shall provide no vested right for continued use of the site should the nonconforming use cease.

(c)

Attachment of additional antennas or transmission equipment to existing permitted towers shall be exempt from these tower permit requirements so long as the height of said tower is not increased; such equipment meets or exceeds Federal Aviation Administration and Federal Communications Commission standards; and a building permit is obtained prior to such attachment.

(d)

A monopole tower up to ninety (90) feet in height placed on nonresidential zoned sites shall be exempt from these requirements except that such towers shall be set back a distance equal to the full vertical height of the tower from all adjoining property lines of a nonresidential zoning district and a distance of twice (×2) the height of the tower from all property lines which adjoin a residential zoning district or any residential structure. Such towers shall be no closer than one-quarter (¼) mile to any other tower unless within the I-1 or I-2 zoning district and must obtain a building permit prior to construction.

(e)

Alternative tower structures such as manmade trees, clock towers, bell steeples, flagpoles, light poles, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers shall be exempt from these requirements. Such towers shall obtain a building permit prior to construction.

(f)

Towers constructed on the governing authority's properties, facilities, or structures shall be exempt from these requirements. Telecommunications facilities placed upon the governing authority's property shall be governed by a lease agreement between the governing authority and the provider.

(g)

Accessory facilities or structures.

(h)

Repairs and maintenance.

10.

Variances. Variances from this section may be applied for and granted in the same procedural manner as required by section 26 of the City of West Point Zoning Ordinance.

(Ord. No. 14-2, § 1, 4-14-14)