Where a new structure is to be built between two existing structures with front yards greater or less in depth than required, the owner should use the setbacks of adjacent buildings as a guide, and the board of adjustment shall account for same in its review of variance requests. No new building shall be erected closer to the street than the average front yards so established by existing buildings.

(Ord. No. 99-4, § 80.0, 8-16-1999)

All types and makes of signs that are located within the city limits of Wetumpka shall have the following general provisions and regulations to apply as set out and described herein. No sign, except for non-illuminated, temporary real estate, construction, and political signs not exceeding 32 square feet in area, shall be placed or erected without a permit from the building inspector.

The following requirements shall apply to all signs:

a.

All signs shall be located at least five feet behind the public right-of-way line unless otherwise provided for in this section.

b.

No sign shall exceed 45 feet in height above grade. No sign shall exceed 672 square feet in area size, one side per facing.

c.

No sign shall be attached to, or painted on, any utility fixture, or on any tree, rock, or other natural object.

d.

No sign shall be located so as to prevent or hinder free access to, or egress from, any door, window, or fire escape.

e.

All construction and operation of signs shall be in accordance with the building, electrical, and other applicable codes.

f.

Should any sign be or become unsafe or unsightly, the person responsible for maintaining the sign shall, upon notice from the building official, put the sign in a safe, secure condition or remove it within 90 days.

g.

No part of any sign shall be located within 25 feet of the intersection of any two streets or within 25 feet of the intersection of any street and/or railroad.

h.

No sign shall be located within ten feet of the intersection of any street and driveway.

i.

Face signs shall be flush with the face or side of the building and extend not more than 12 inches beyond said face or side of the building.

j.

Projecting signs will be allowed for business identification purposes and may be mounted on the front of the building facing the main thoroughfare. Projecting signs may not exceed 20 square feet and may not project further than five feet from the building face towards the street or sidewalk. The minimum heights for projecting signs will be nine feet above sidewalk or road level, whichever is greater.

k.

No sign shall be illuminated by or contain flashing, intermittent, moving, or rotating light or lights without the consent of the board of adjustment, which body shall make certain that light intensity, color, and movement will not likely be so distracting to motor vehicle operators as to constitute a traffic hazard. This subsection does not apply to time and temperature signs and similar signs displaying information.

l.

With the approval of the building inspector, directional signs may be located closer than five feet to the right-of-way line, but not on the public right-of-way, provided such signs are no higher than 2-1/2 feet above the grade of the adjacent street.

m.

Temporary real estate and political signs may be placed closer than five feet to the right-of-way line, but not on the public right-of-way; provided, that such signs are not higher than 2-½ feet above the grade of the adjacent street.

(1)

Billboards. For the purpose of this section, a "billboard" shall be defined as any sign, structure or device, including electronic devices, which advertises or contains information about a business, product, or service not located on or offered on the premises which the sign is located. In addition to any regulations applying to all signs in general, the following regulations shall apply to billboards:

a.

Billboards are prohibited and shall not be placed, constructed or displayed within the City of Wetumpka, Alabama, except those Billboards legally existing on the effective date of this ordinance may be continued, even though such signs do not conform to this provision. Such non-conforming signs shall not be expanded, relocated or replaced by another non-conforming sign, except that the substitution of interchangeable poster panels, painted boards or demountable material on non-conforming signs shall be allowed.

b.

Non-conforming billboards shall be permitted until one of the following conditions occurs:

1.

The deterioration of the sign or damage to the sign makes it a safety hazard or the sign is abandoned according to Section 81.4; or

2.

The sign has been damaged by circumstances beyond the control of the owner to the extent that more than minor repairs are required to restore the sign; provided that signs damaged by an Act of God and not due to the owner's action or inaction may be restored to their pre-damaged condition within 30 days of said destruction, provided that the useful life of the sign is not extended.

3.

No structural repairs, except those permitted pursuant to subsection (1)(b)(2) above changing the shape, size or design, shall be permitted except to make a non-conforming sign comply with all requirements of this ordinance.

4.

In the event that a non-conforming sign is no longer in compliance with the terms and requirements of this section, then it shall be subject to removal in accordance with section (5).

c.

All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the International Building Code adopted by the City of Wetumpka. All signs and their components shall be maintained in good repair, free of rust, peeling, fading, broken or cracked panels, and broken or missing letters. Vegetation must be properly maintained and no condition shall be allowed that would constitute a fire, safety, or health hazard.

(2)

Portable signs. For the purpose of this section, a "portable sign" shall be defined as any sign, whether on wheels, its own trailer, or otherwise, which is designed or constructed in such a manner as to be easily transported from one place to another. In addition to any regulations applying to signs in general, the following regulations shall apply to portable signs.

a.

Portable signs must comply with the same setback and distance requirements as all other signs.

b.

No portable sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light or lights.

c.

One portable sign per premise will be allowed and shall be used only for on-premise advertising and shall not be used as billboards.

d.

Subject to the provisions of this section, portable signs shall be permitted uses only in districts B-1, B-2, B-3, M-1 and M-2.

(3)

Nonconforming signs. Not withstanding any other provisions of this article, legally nonconforming signs existing on the date of adoption of this section may be continued, subject to the following requirements, except for portable signs, which shall immediately comply with the provisions of this section.

a.

Existing signs, which became legally nonconforming as a result of the passage of this section, shall be allowed to be rebuilt on the same premise as long as they conform to the structural provisions of this section.

b.

Any legally conforming or nonconforming signs which cease to be used for a period of more than six consecutive months shall be removed or made to comply with the provisions of this section.

(4)

Abandoned signs. Any sign that is located on property which becomes vacant and is unoccupied for a time period of six months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of nine months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or the owner of the premises.

(5)

Removal of signs. The Wetumpka Building Inspector shall cause to be removed any sign that endangers the public safety, such as: abandoned; dangerous; or materially, electrically or structurally defective sign; or a sign for which no permit has been issued. The building inspector shall prepare a notice which shall describe in detail the nature of the violation or violations involved and which shall state that, if the sign is not removed or the violation is not corrected within 30 days, this sign shall be removed in accordance with the provisions of this section. However, the following shall apply to signs placed in public rights-of-way: any sign installed or placed on a public right-of-way, except in conformance with the requirements of this section, shall be forfeited to the public and subject to confiscation. In addition to other remedies provided under this article, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal.

(6)

Commercial business signs. All signs to be viewed in a B-1 General Business district shall conform to the following requirements:

a.

All signs shall be placed flat against the main building, or parallel to the building on a canopy; and, may face only public street or parking areas which are part of the development.

b.

The sign height may not exceed 20 percent of the building height, and the total area of all signs shall not exceed 20 percent of the area of the nearest building face with which they are parallel.

c.

Signs may be illuminated, but not flashing.

d.

One additional sign may be placed freestanding or attached to the building but not extending over a public right-of-way, near one entrance of each street upon which the lot or parcel fronts. Such a sign shall convey only the identification of the permitted use, shall be located so that view of traffic within or without the development is not obstructed for pedestrians or motorists, and may not exceed 100 square feet in area.

e.

Signs purely for traffic regulation and direction within the development may be utilized as required.

All signs to be viewed in a B-2 local business district shall conform to the following requirements. Any sign or signs may be displayed if they pertain exclusively to the business carried on within the building, and if no part of any sign projects into a public right-of-way in excess of six inches except as herein provided.

a.

A sign shall be placed flat against the main building, or parallel to the building on a permitted canopy, and shall face only public streets or parking areas which are part of the development, and shall not project above the cornice or roof lines.

b.

The sign height may not exceed 20 percent of the building height, and the total area of all signs shall not exceed 20 percent of the area of the nearest building face with which they are parallel.

c.

A sign may be illuminated, but if intended to have moving illumination, such illumination must be approved in advance by the board of adjustment (or planning board), which body shall make certain that light intensity, color, and movement will not likely be so distracting to motor vehicle operators as to constitute a traffic hazard.

All signs to be viewed in a B-3 central business district shall conform to the following requirements.

a.

In no case shall a sign applied to a building be allowed to obscure any significant architectural details or features of a building face such as windows, transom panels, sills, moldings, and cornices.

b.

A primary façade shall be designated for each building. This façade shall be divided into divisions defined by the overall length and height of each activity occupying the building. The resulting square footage is the amount of façade exposure that each activity has. This amount determines the sign sizes for each business.

c.

Lighting. All signs (except monument signs in subsection (f) below) may be illuminated directly or with indirect lighting provided that indirect light sources are shielded from other buildings and do not create glare or visual discomfort to pedestrians at street level. Neon window and wall signs are permitted as long as they conform to all other restrictions within this section.

(6.1)

Specific sign requirements for the B-3 zoning district.

a.

Primary signs.

1.

Description and use. The primary sign may only be the activity name, logo, business type, or dimensional icon graphically depicting the type of business.

2.

Amount allowed. One primary sign per "business division" of the primary façade shall be allowed.

3.

Placement: Primary signs may be mounted or painted on

• a perpendicular hanging sign or "blade" sign, over the sidewalk and storefront, side or corner mount,

• a flush surface on the building, including windows, designated for sign use.

4.

Size. Primary signs shall have an aggregate area not exceeding 1.5 square feet for each linear foot of building face parallel to a street lot line, or ten percent of the division area, whichever is smaller. Provided that:

• The widest point of one dimension (vertical or horizontal) of the primary sign should not exceed four feet, or a circular diameter of six feet.

• Window signs shall cover no more than 30 percent of any one window.

b.

Secondary signs.

1.

Description and use. Secondary signs are generally second, smaller versions of the primary sign or supporting signage to the business. The secondary sign may be the business name or the type of business. The secondary sign may include tag lines below the name, graphics, or proprietor / professional's name and title, or slogan. The secondary sign could be a dimensional icon graphically depicting the type of business; however it MUST be smaller than the primary sign. Neon, channel letter or any internally-lit signs are NOT permitted as secondary signs.

2.

Amount allowed. One secondary sign per business division. An identical pair of window signs on separate windows may constitute one secondary sign. Provided that:

• For multiple lines of type or full logos in mass, NO dimension should exceed three feet at their widest point. Single lines of type and basic graphics or rules are exempt from this limitation.

• At any time, no single window shall be covered more than 30 percent.

• Window signs on or above the second floor will be limited to identification and instructional signs and cover no more than 30 percent of any one window.

• If the business is located on a corner, occupies multiple storefronts, or in a stand-alone structure, EACH facade (storefront) can have one additional secondary sign (matching set) upon that facade. The entire business can still have only one primary sign, however.

3.

Placement. Secondary signs can be located in many places on the façade, including repeated, matching signs on awning valances or in multiple display windows.

c.

Monument signs (freestanding ground based signs). These shall be the only freestanding signs permitted in this zoning district, and same shall not exceed four feet in height, and shall not exceed 24 square feet in area. Monument signs must be setback at least ten feet from the public right-of-way. The following additional restrictions also apply:

1.

Signs may not be directly illuminated.

2.

Shall be constructed of materials consistent with the building architecture.

3.

May only be used as identification or professional signs.

4.

May not contain other messages or be used as a base to hang temporary signs for sales or events.

5.

Signs shall not be electronic signs.

d.

Other signage allowed.

1.

Pedestrian zone advertising. Sidewalk signs, usually in the form of A-Frame or "sandwich board, "are permissible. However, they may only contain daily specials, menus or sale items in erasable type such as chalk or dry-boards. Placement is in the pedestrian zone directly adjacent to the business. Height should not exceed three feet and the sign should not take up sidewalk area of more than three square feet.

There must be a five foot distance to pass between the sign and building or any immobile street amenity such as benches, bike racks, trees, post boxes, stairs, etc., as the sign can become a hazard to the public right-of-way. These signs must be removable and taken inside by the business when closed, in case of downtown events, and for emergency purposes.

2.

Temporary sale or event banners. Sale or event banners are generally large, sticker-type vinyl lettered "quick" signs, cheaper in materials, and therefore must be TEMPORARY. These signs may only be in place for a maximum of ten days, should include the dates of the event and a few months should pass between hanging temporary signs. On the exterior, temporary banners should be attached with ties. On the interior, these include anything hung within three feet from the inner surface of the display glass. One side of a "SALE" sign should not exceed 2½ feet across.

(6.2)

Signs prohibited in the B-3 zoning district. The following are prohibited anywhere within the geographical area designated as zoning district B-3:

a.

Freestanding pole signs, or other non-monument signs.

b.

Fluorescent day-glow colored signs.

c.

Wind and light activated glitter signs.

d.

Electronic or flashing signs.

e.

Streamer and non-official flags.

(7)

Industrial signs. All signs to be viewed from without any building in a M-1 light industrial district shall conform to the following requirements. Any sign or signs permitted in and regulated by the requirements of this chapter for a B-1 general business district, are permitted in a M-1 district, with the following additional allowance. One additional sign may be placed freestanding near one entrance on each street upon which the lot or parcel fronts. Such a sign shall convey only identification of the permitted use; shall be located so that view of traffic within or without the development is not obstructed for pedestrians or motorists, and may not exceed 100 square feet into any public right-of-way or easement.

All signs to be viewed from without any building in a M-2 heavy industrial district shall conform to the following requirements. Any sign or signs permitted in and regulated by the requirements of this chapter for a B-1 general business district or M-1 light industrial district, are permitted in a M-2 district.

(8)

Residential signs. Only subdivision signs and temporary real estate signs shall be allowed in any residential district. Business signs, even for a home occupation, or political signs are not allowed in a residential district. All signs to be located in a residential zoning district must be approved in advance by the board of adjustment (or planning board). All signs to be located in a residential district (R-1, R-2, R-2.6, R-3, R-4 or R-5) shall conform to the following requirements.

a.

All entrance signs shall be constructed of lasting and durable material and shall provide neighborhood identification. Plywood entrance signs are not permissible.

b.

A sign may be illuminated, but not flashing.

(Ord. No. 99-4, §§ 81.0—81.8, 8-16-1999; Ord. No. 2012-14, § 1, 12-17-2012; Ord. No. 2018-6, §§ 1—3, 8-6-2018; Ord. No. 2018-8, §§ 1, 2, 11-5-2018; Ord. No. 2021-6, 12-20-2021)

Height limitations, as stated in section 86-152 of this chapter, shall apply to satellite dish antennas in residential districts, but shall not apply to church steeples, barns, silos, farm structures, chimneys, flag poles, public utility poles, radio and television towers and aerials, cooling towers and water tanks.

(Ord. No. 99-4, § 82.0, 8-16-1999)

Any building or structure which is to be moved to any location within the city limits of Wetumpka whether from within or without the corporate city limits, shall be considered for the purpose of this article to be a new building under construction, and as such shall conform to all applicable provisions of this article.

Such building or structure shall not be permitted in an R-1, R-2 or R-2.6 zoning district except on special exception from the board of adjustment.

In conforming to the building code requirements, all electrical wiring and plumbing shall be installed after building is placed on the lot. One exception is modular homes that carry all certifications of inspection.

A certificate of occupancy must be obtained within 120 days after the building or structure is placed on the lot. Failure to do so will subject owner to a penalty as defined in section 86-250 of this chapter.

(Ord. No. 99-4, § 83.0, 8-16-1999)

All mobile homes shall be located within an R-5 zoning district. Prior to development and/or location of a mobile home within the City of Wetumpka, a site plan meeting the requirements as set forth below is required to be submitted for approval of a mobile home location.

In order to provide for a clean, safe, and healthy living environment for residents living in mobile homes, this section applies to the development of mobile home parks. Plans meeting these minimum specifications will be approved by the building inspector in those zones permitting mobile home parks.

(1)

Standards for design. The following standards shall govern the design of mobile home parks.

a.

Minimum site size. Minimum site size shall be five acres with a maximum density of seven units per acre. In no case shall a mobile home cover more than 40 percent of the lot area. Minimum lot width shall be 50 feet wide. Yard dimensions shall be as follows:

Front setback: 20 feet from property line, roadway, drive or parking area

Side yard: 10 feet minimum

Rear yard: 10 feet minimum

When lots are designed for homes to be placed at 45-degree or 60-degree angles to the street, side yard and rear yard requirements may be reduced to five feet, provided that there must be 30 feet of clear space between homes.

b.

Recreational vehicles. Each park may devote a maximum of ten spaces to transient recreational vehicles and shall license each space devoted to such use, whether rented or not. This provision does not prohibit the use of any space for temporary use for a recreational vehicle or mobile home.

c.

Roadways. Mobile homes shall be located upon a roadway having a right-of-way of not less than 30 feet. No mobile home shall have its own access into a public street. Dead-end streets shall have turnarounds and each mobile home lot shall have two paved off-street parking spaces provided. The location of all driveways shall be shown on the required site plan.

(2)

Installation and maintenance. All mobile homes, whether in mobile home parks or on individual lots, whether on wheels or on piers or other type of foundation shall be skirted and maintained to the degree that is compatible with the existing residences and lots in the neighborhood.

All mobile homes shall be installed according to all requirements of the Standard Building Code, Appendix H, or same as may be amended. It shall be completely skirted within 30 days from the date the mobile home is moved into the park with a weather resistant material. Skirting shall be adequately vented.

All units must be anchored and blocked to conform to standards found in the Uniform Code for the Anchoring of Mobile Homes Act (Code of Ala. 1975, § 24-5-30.)

(3)

Utilities. Utilities shall be provided to each lot as follows:

a.

All mobile homes shall have the sanitary sewer drainage system extended to each mobile home lot and the connection from the mobile home into the sanitary sewage system shall be made under and/or within five feet of the mobile home with an airtight seal.

b.

Each mobile home shall be provided with an individual branch service line delivering safe, pure, potable water. The minimum size branch service to each mobile home shall be three-quarter inch and cutoff shall be installed on each branch, along with a backflow prevention device approved by a nationally recognized testing agency. All connections shall be made under and/or within five feet of the mobile home.

c.

In mobile home parks where gas distribution systems are installed, the installation shall conform with the requirements set forth by the Alabama Public Service Commission and/or the Alabama Liquefied Petroleum (LP) Gas Board.

d.

Each mobile home lot shall be provided with an individual electrical service of adequate size to serve the mobile home placed on it. Each service shall be mounted on a treated pole or metal pedestal and shall have a disconnecting means consisting of a circuit breaker or a switch and fuses housed in a panel approved for exterior use. The power supply wiring from the service to the mobile home shall be of a direct burial type, properly sized for service being connected and buried in the earth from the service to underneath the mobile home. If the supply cable is encased in metal or plastic pipe, the minimum depth buried and the cable used shall be as required by the current adopted addition of the National Electrical Code.

(4)

Identification. Mobile home lots shall be plainly staked off or marked. Each mobile home lot shall be permanently numbered with minimum two and one half inch numbers and/or letters so they may be easily read from the street. The electrical service must also be permanently numbered for easy identification by meter readers.

(5)

Submission of plans. A site plan shall be submitted to the building inspector for review showing the following items:

a.

Title, scale, north point, date, and name of site planner.

b.

Existing buildings and structures.

c.

Streets.

d.

Service and maintenance building, if applicable.

e.

Mobile home spaces, consecutively numbered or lettered.

f.

Driveways and parking spaces with dimensions.

g.

Recreational facilities, if applicable.

h.

Drainage.

i.

Proposed sanitary sewer system including size.

j.

Proposed water distribution system and fire hydrants.

k.

Proposed street lighting system and other lighting for benefit and safety of residents.

l.

Site acreage.

m.

Landscaping and buffer plans.

(6)

Applicability to existing mobile home parks. The provisions of this section shall not apply to any mobile home park presently licensed on the date this article becomes effective, nor shall compliance be required as a result of change of park ownership or if any mobile home lot is vacated and then rented for another home. A mobile home park shall be considered to exist if a detailed development plan has been submitted to the building inspector and a permit has been issued and substantial progress is being made toward completion of the development. It shall be necessary however for any mobile home when placed on a lot after the adoption of this article to comply with a setback provision so that all mobile homes thereafter placed or situated shall be located a minimum of ten feet from any exterior property line.

(Ord. No. 99-4, §§ 84.0—84.6, 8-16-1999)

The intent of mobile home subdivisions is to provide areas for mobile home subdivision development, free from other uses which are incompatible with the character and intent of this district.

(1)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter the following area and dimensional regulations shall be required:

Minimum lot area: 7,500 sf, or as required by Health Department.

Maximum lot coverage: 45 percent of total lot.

Minimum lot width: 50 feet at building line.

Minimum yard setbacks:

Front: 25 feet*.

Rear: 25 feet.

Side: 10 feet.

(* Undedicated road: 50 feet from centerline.)

Corner lots: Setback shall be the same on both streets or roads.

(2)

Mobile home standards.

a.

The minimum mobile home floor area shall be 500 square feet.

b.

Each mobile home shall be provided with two off-street parking spaces, with all streets and parking spaces in complete conformance with the City of Wetumpka Subdivision Regulations relative to street standards.

c.

All mobile homes shall be installed according to all applicable requirements of the Standard Building Code, Appendix H or same as may be amended. It shall be completely skirted within 30 days from the date the home is moved on to a lot in the park with a weather resistant material. Skirting shall be adequately vented.

All units must be anchored and blocked to conform to standards found in the Uniform Code for the Anchoring of Mobile Homes Act (Code of Ala. 1975, § 24-5-30.)

d.

Only one mobile home shall be allowed per lot.

(3)

Mobile home subdivision process. All mobile home subdivisions shall be platted and recorded as required by the City of Wetumpka Subdivision Regulations and following all requirements and restrictions thereof.

(Ord. No. 99-4, §§ 85—85.3, 8-16-1999)

The purpose of these guidelines is to establish minimum criteria for the review of communication towers. It is the City of Wetumpka's express intent that the construction of new towers shall be an option of last resort; and that, to the extent possible, location of antennas on existing towers, building rooftops, and other suitable structures shall be the first choice. These guidelines are designed to ensure the compatibility of towers with, and to avoid adverse impacts on, nearby properties and to discourage the proliferation of towers through the City.

(1)

Definitions.

Alternative tower structure. Clock towers, bell towers, church steeples, light/power poles, electric transmission towers, elevated water storage tanks, and similar structures to which antennas can be mounted and upon which such antennas can be concealed or camouflaged.

Antenna. An electromagnetic device which conducts radio signals through an attached cable or waveguide to or from a radio transmitter or receiver. Typically this includes "whips", "panel", and parabolic "dishes" and any exterior apparatus designed for telephone, radio, or television associated with such devices.

Antenna support structure. Any structure on which antennas and cabling can be attached. This typically includes steel towers with guy-wires (guy towers); wooden, steel or concrete single poles (monopoles); self-supporting steel towers with three or four legs (towers); rooftops of existing buildings; or any alternative tower structures.

Cellular site. A parcel of land or a building, leased or purchased, on which is located one or more transmitter/receiver stations for wireless communication systems, including accessory facilities for storage and operations. In cases involving vacant land or low-lying existing structures, a support structure for transmitter/receiver antennas is usually required.

Communication tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. This term also includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and alternative tower structures.

Mini-cellular site. A parcel of land or a building, leased or purchased, on which is located one or more transmitter/receiver stations for wireless communication systems, such that towers and/or antennas do not exceed 20 feet in height above the existing structure; and whips, panels and/or parabolic dishes do not exceed 100 square feet.

(2)

Applicability. All communication towers are subject to these guidelines except the following:

a.

Antennas or towers located on property owned, leased, or otherwise controlled by the City of Wetumpka or an incorporated board provided that a license or lease authorizing such antenna or tower has been approved by the City of Wetumpka.

b.

This section shall not apply to any tower or antenna that is 70 feet or less in height and is owned and operated by a federally licensed amateur radio station operator from that operator's residence, or used exclusively and incidentally to support a commercial business.

If an additional antenna is co-located on an existing tower after the date of the adoption of this article or any amendments thereto, security fencing and landscaping as specified in subsection (4) shall be required.

(3)

Objectives. The proposed location and design of all communication towers shall duly consider the following public health, safety, and general welfare objectives.

a.

The proposed tower shall comply with wind loading and other structural standards contained in applicable building and technical codes, including Section 1205 of the Standard Building Code and the Electronic Industries Association RS 222 Code.

b.

The proposed tower shall be designed to minimize any adverse visual impacts upon surrounding property and the public rights-of way, taking into account the topography of the proposed site and the surrounding area.

c.

The proposed tower shall be designed so as to be in harmony with the natural setting and the characteristics of the surrounding development pattern.

d.

The proposed tower shall fully comply with all Federal Communications Commission and other applicable agency standards so as not to interfere with existing communication services to and in the surrounding area.

e.

The proposed tower shall comply with all applicable federal, state, and county health standards so as not to cause any detrimental effects to the health of the persons living and working in the surrounding area.

(4)

Development criteria. The following criteria are considered the minimum necessary to protect the public health, safety, and general welfare.

a.

Towers shall be set back from all property lines a distance equal to their height. Guy wires and accessory buildings and facilities shall meet the minimum setback requirements of the applicable zoning district. This requirement may be waived for towers located in any non-residential area provided that a statement from an engineer registered in the State of Alabama is submitted certifying that in the event of structural failure the tower would fall within the boundaries of the site. In all cases, towers shall be set back from any public right-of-way a distance equal to their height.

b.

Towers shall maintain a galvanized steel or concrete finish so as to reduce the visibility of the structure, unless other standards are required by the Federal Aviation Administration. Towers shall be designed in such a way that their visual impact on the surrounding area is minimized.

The design of the tower compound shall, to the extent possible, maximize the use of building materials, colors, textures, screening, and landscaping that effectively blend the tower facilities into the surrounding natural setting and built environment. These criteria shall also apply to any towers and/or antennas that are mounted on roofs or on existing towers.

Where communication towers are deemed appropriate for a specific location in or within 1,000 feet of residential areas or areas of special aesthetic concern such as commercial revitalization areas, historic districts, and scenic corridors, the type of tower shall be restricted to monopoles.

No signs or other forms of advertising shall be permitted on a tower or antenna unless for safety/security purposes.

c.

Towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or other authority for safety purposes. Any lighting that is proposed shall be subject to review to ensure that it causes the least disturbance to the surrounding area. Dual lighting, red at night and strobe during the day, shall be preferred unless restricted by the FAA. Security lighting may be permitted as discussed below.

d.

The site on which a tower and related facilities is located shall be surrounded by a landscaped buffer that effectively screens the view of the tower compound from the adjacent public right-of-way and any residential properties.

The standard buffer shall consist of a minimum eight feet wide landscaped strip outside the chain link fence or other security fencing around the perimeter of the tower compound. The buffer strip shall be planted with a combination of trees, shrubs, vines and groundcovers that can achieve the full height of the fence at maturity and enhance the appearance of the fence. For sites in or within 1,000 feet of a residence, additional buffering and landscaping may be required, including a decay resistant solid wood fence, earthen berms, and brick or masonry walls in addition to the security fence. The owner or lessor shall maintain all fencing and landscaping.

In isolated non-residential areas, alternative landscaping methods may be approved, such as the use of earth-toned colored chain link or equivalent security fencing in combination with four feet of evergreen trees, shrubs, vines, or other plantings.

In other locations where the visual impact of the tower would be minimal, such as remote agricultural or rural areas or heavily developed industrial areas, the landscaping requirements may be reduced or waived.

Existing mature trees and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large wooded lots, preservation of substantial natural vegetation around the property perimeter may be a sufficient buffer.

Cellular facilities utilizing underground vaults in lieu of above ground switching gear buildings shall be exempted from these buffering requirements.

e.

Towers and antennas may be mounted on the rooftop of any non-residential building. Such towers and antennas shall be set back from any residential zoning district a minimum distance equal to two times the full height of such tower or antenna, but in no event less than 100 feet. The building on which such tower and or antenna is mounted shall be at least 50 feet high, and the tower or antenna shall add no more than 20 feet to the total height of the building. Antennas shall not be mounted to extend horizontally from the face of a building.

Accessory structures used in direct support of a tower or antenna shall be permitted. No accessory structure shall be used for office or vehicle storage purposes, and no outdoor storage shall be allowed. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of a tower or antenna unless such equipment is being used to make repairs and/or approved modifications to the tower.

Towers may be located on sites containing another principal use in the same buildable area. In determining compliance with this section, the dimensions of the entire lot or parcel shall control even though the tower may be located on leased portions within a lot or parcel.

The minimum distance between a tower and the principal use located on the same lot or parcel for a monopole or lattice tower shall be the greater of 20 percent of the tower height or 25 feet, and for a guy tower the greater of 100 percent of the tower height or 25 feet.

Provided all siting, setback, separation, and general requirements of this section are met, towers may occupy a parcel meeting the minimum lot size for the zoning district in which they are located.

Joint use of a site is prohibited where a proposed or existing principal use includes the storage, distribution, or sale of volatile, flammable, explosive, or hazardous materials such as propane, gasoline, natural gas, or dangerous chemicals.

Towers or antennas constructed and installed in accordance with this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

g.

The site on which a tower or antenna is located shall be fully secured. A chain link fence with a minimum height of eight feet shall be installed around the perimeter of the compound. Security fencing shall require screening in accordance with subsection (4). Other security measures shall include locks and alarms. Approved barbed or razor wire and lighting of the compound shall be permitted if deemed necessary to fully secure the tower compound.

h.

Driveways and parking areas shall be provided to assure that the operator has access to the tower or antenna for maintenance or emergency service. Where a site abuts or has access to a collector and a local street, access for vehicles shall be from the collector street.

Equipment at a transmission facility shall be automated to the greatest possible extent to reduce traffic.

i.

No new tower shall be established if space is structurally, technically, and economically available on an existing tower which would serve the area that the new tower is intended to serve. Documentation that reasonable efforts have been made to achieve co-location shall be submitted as part of the application as described in subsection (5).

New towers shall be designed to maximize the possibilities of shared use within the structural and technical limitations of such towers. Co-location is to be strongly encouraged; and, if feasible, each tower shall at a minimum be designed to accommodate at least two users.

j.

Any tower that is no longer being used for its original communications purposes shall be removed at the owner's expense. The owner shall provide the City of Wetumpka with a copy of the notice to the FCC of the intent to cease operations, and shall be given 90 days from the date of ceasing operations to remove the tower and accessory structures. In cases of multiple operators sharing the same tower this provision shall not become effective until all users have ceased operation.

In the event that an abandoned or unused tower and related facilities are not removed within 12 months of the cessation of operation, such towers and accessory structures may be removed by the city and the costs of removal charged against the property.

(5)

Application. Any application submitted requesting approval of an antenna or tower shall, in addition to any other items required by the Ordinance, include the following items to show compliance with this section.

a.

A proposal for a new tower shall include documentation showing that the planned equipment cannot be accommodated on an existing tower or other alternative existing structure within the proposed service area. The applicant shall submit a written affidavit showing what attempts have been made to share an existing tower or that no such tower exists. The affidavit shall include evidence from an engineer licensed in the State of Alabama or qualified industry expert supporting such claim, including one or more of the following:

No existing tower or alternative structures are located within the proposed service area that meets the applicant's engineering requirements.

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

The applicant's proposed antenna would cause electromagnetic interference if located on existing towers or alternative structures.

The cost or contractual requirements involved in co-locating on an existing tower or alternative structure are unreasonable.

There are other limiting factors that render existing towers or alternative structures unsuitable for the applicant's facility.

b.

An engineer registered in the State of Alabama shall certify that the proposed tower has been designed to accommodate a minimum of two shared users in accordance with this section.

c.

An engineer registered in the State of Alabama shall certify that the completed tower and accessory structures have been built in accordance with the submitted and approved site plan, including all buffering and landscaping provisions.

(Ord. No. 99-4, §§ 86.0—86.5, 8-16-1999)