§ 28-4. General guidelines and requirements.

(a)

Goals. The goals of this chapter are to:

(1)

Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the county.

(2)

Encourage strongly the joint use of new and existing tower sites.

(3)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact to the county is minimal.

(4)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas.

(5)

Enhance the ability of the providers of telecommunications services to provide such services to the county quickly, effectively, and efficiently.

(b)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

(c)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the planning and zoning department an inventory of its existing towers that are either within the jurisdiction of the board or within one-quarter mile of the border thereof including specific information about the location, height, and design of each tower. The planning and zoning department may share such information with other applicants applying for administrative approvals of special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the board, provided, however, that the planning and zoning department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(d)

Aesthetics; lighting. The guidelines set forth in this section shall govern the location of all towers and the. installation of all antennas governed by this chapter; provided, however, that the board may waive these requirements if it determines that the goals of this chapter are better served thereby.

(1)

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

(2)

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and building environment.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must 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.

(4)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the board may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

(e)

Federal requirements. All towers must meet or exceed the 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, then owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule 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 and antenna at the owner's expense. Any such removal by the board shall be in the manner provided in O.C.G.A. §§ 41-2-3 through 41-2-17.

(f)

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower 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 board concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, under notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 30 days, the board may remove such tower at the owner's expense. Any such removal by the board shall be in the manner provided in O.C.G.A. §§ 41-2-3 through 41-2-17.

(Code 1998, § 18-104; Ord. of 12-9-1999, § 18-104)