§ 1704. General provisions.

A.

Principal or accessory use. A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure, and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structures. An existing use or structure on the same lot or parcel shall not preclude the installation of an antenna or tower. For purposes of determining whether the installation of a tower or antenna complies with zoning district requirements including, but not limited to, setback, buffer and other requirements, the dimensions of the entire lot or parcel shall control, even though the antenna or tower may be located on a leased area within such lot or parcel. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use of structure.

B.

Five-year plan and inventory of existing sites. To facilitate the collocation of antennas and future land use planning, each applicant seeking to locate a new tower, alternative tower structure or antenna, or modify any such existing structure, shall provide to the department an inventory of its existing towers or alternative tower structures, existing towers or alternative structures to be upgraded or replaced, and proposed towers or alternative structures. Applicants seeking to erect an amateur radio or antenna shall be exempt from this provision.

1.

The inventory shall include all such structures that are within the jurisdiction of the governing authority; within a municipality located, in whole or in part, within Screven County; or within a neighboring county which currently is capable of providing coverage or capacity within Screven County, and shall include specific information about the location (latitude and longitude coordinates), height, design tower type and general suitability for antenna collocation of each tower or alternative structure, and other pertinent information as may be required by the department.

2.

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

3.

The department may share the location of existing telecommunication facility sites with other applicants seeking to locate towers or antennas within the jurisdiction of the governing authority; provided, however, that the department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. The location of any proposed telecommunication facility sites will be protected as privileged information if the applicant so requests and it is considered as such under the applicable laws and legal authority.

C.

Collocation: design requirements. In addition to all applicable building and safety codes, all towers, except amateur radio towers, shall be designed to accommodate the collocation of cellular telecommunication antennas according to the following:

1.

For towers up to 150 feet in height, the structure and fenced compound shall be designed to accommodate at least three providers or the maximum number of users as determined by the most current technology whichever is greater;

2.

For towers greater than 150 feet in height, the structure and fenced compound shall be designed to accommodate at least four providers or the maximum number of users as determined by the most current technology whichever is greater.

D.

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

1.

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

2.

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

3.

That existing towers or structures do have sufficient structural strength to support the applicant's antenna and related equipment;

4.

That the applicant's proposed antenna would cause electromagnetic interference with the antenna(s) on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;

5.

That the cost or contractual provisions required by the tower owner to share an existing tower or structure or to adapt an existing tower or structure for sharing exceed the cost of new tower development;

6.

That the applicant adequately demonstrates that there are other limiting factors that render existing towers and structures unsuitable, other than economic reason.

E.

Aesthetics. The guidelines set forth in this section shall govern the design and construction of all towers, and the installation of all antennas, governed by this article and shall be approved by the administrator.

1.

Towers and/or antennas shall either maintain a galvanized steel or concrete finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

2.

All tower sites, the design of all buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and building environment. Any equipment or cabinet that supports telecommunications facilities must be concealed from public view and made compatible with the architecture of the surrounding structures or placed underground. Equipment shelters or cabinets shall be screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained.

3.

For antennas installed on a structure other than a tower, the antenna and supporting electrical and mechanical ground equipment shall be of a neutral color so as to make the antenna and related equipment visually unobtrusive.

4.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, it shall not exceed the minimum required by the applicable authority.

5.

No signage or other identifying markings of a commercial nature shall be permitted upon any tower or alternative tower structure with Screven County.

6.

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

7.

Access to the tower site shall be restricted so as to minimize visibility of the access. Where possible, existing roads shall be used. Where no road exist, access shall follow the existing contours of the land.

8.

Such other additional requirements as the administrator shall reasonably require to minimize the visual impact of the site of the surrounding area.

F.

Setbacks and separation. The following setbacks and separation requirements shall apply to all towers:

1.

Tower shall be setback a distance of 200 feet or 1.5 times the height of the tower from its base, whichever is greater, to any public right-of-way, occupied structure, or property line of the lot or parcel containing the tower.

2.

Guy wires and accessory buildings and facilities shall meet the minimum accessory use location and setback requirements.

G.

Security fencing; anticlimbing devices. All towers and supporting equipment shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with appropriate anticlimbing devices. Fencing shall be of chainlink or other approved alternative and shall be secured with an industrial grade keyed padlock with a duplicate key being provided to the governing authority through its county administrator.

H.

Landscaping. The following requirements shall govern landscaping surrounding all towers:

1.

Where adequate vegetation is not present, tower facilities shall be landscaped with a landscaped strip of plant materials which effectively screens the view of the tower compound. Landscaped strips shall be a minimum of ten feet in width and located outside the fenced perimeter of the compound.

2.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. Where natural vegetation around the perimeter of the site would provide an adequate visual screen, an undisturbed buffer may be utilized. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost.

3.

Landscaping shall be maintained by the provider and shall be subject to periodic review by the administrator to ensure proper maintenance. Failure to maintain landscaping shall be deemed a violation of this article.

Amateur radio towers and antennas, or receive-only antennas shall not be subject to the provision of this section unless required by the governing authority through the conditional use permit process.

I.

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

J.

Review of tower and antenna erection by the airport authority. If upon receipt of an application for the erection of any tower or alternative tower structure governed by this article, the department deems that the proposed structure may interfere with or affect the use of the airways of the county by the public or interfere with or affect the operation of existing or proposed airport facilities, a copy of the application shall be submitted by the Department of Screven County Airport Authority for review and recommendation.

K.

Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the permittee or the lessee of the tower and antenna governed by this article shall bring such tower and/or antenna into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations unless a more or less stringent compliance schedule is mandated by the controlling federal agency. Failure to bring such tower and/or antenna into compliance with such revised standards and regulations shall be deemed to be a declaration of abandonment of the tower and constitute grounds for the removal of the tower or antenna at the owner's, permittee's, or lessee's expense.

L.

Building codes; safety standards. To ensure the structural integrity of towers, the owner, permittee, or subsequent lessee of a tower or alternative tower structure shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the department concludes that a tower fails to comply with all applicable codes and standards, or constitutes a danger to persons or property, then upon receipt of written notice by the owner, permittee, or lessee of the tower, said party shall have 15 days to bring the tower into compliance with such standards. Failure to bring such tower into compliance within 15 days shall be deemed a declaration of abandonment of the tower and constitute grounds for removal of the tower. Prior to the removal of any tower, the department may consider detailed plans submitted by the owner, permittee or subsequent lessee for repair of substandard towers, and may grant a reasonable extension of the above referenced compliance period. Agricultural GPS towers shall, however, be exempt from construction standards requiring a design that will withstand wind speeds in excess of 90 miles per hour.

M.

Change of ownership notification. Upon the transfer of ownership of an interest in any tower, alternative tower structure, or lot upon which such a structure has been erected, the tower permittee shall notify the department of the transaction in writing within 30 days.

(Ord. of 9-8-2009, § 4)