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HomeMy WebLinkAboutORDINANCE NO 13 07 180STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 13-07-180 AN ORDINANCE TO AMEND CHAPTER 54, TELECOMMUNICATIONS SECTIONS 54-3, 54-5(A), 54-6(0, 54-7(a)(l), AND 54-7(a)(2) TO INCLUDE THE DEFINITION OF "MODIFICATION(S)", TO REVISE MAXIMUM TELECOMMUNICATION TOWER HEIGHTS, AND TO PROVIDE FOR AN EXPEDITED VARIANCE PROCESS BE IT ORDAINED by the City of Milton, GA while in a regularly called council meeting on July 15, 2013 at 6:00 p.m., as follows: SECTION 1. That the amendment to Section 54-3, setting forth a definition for the term "modification" or "modifications," is hereby adopted and approved; and is attached hereto as if full set forth herein; and SECTION 2. That the amendment to Section 54-5(a), as reflected in the highlighted language, is hereby adopted and approved; and is attached hereto as if fully set forth herein; and SECTION 3. That the amendment to Section 54-6(f), by inserting the modification to the table as reflected in the attached highlighted chart, is hereby adopted and approved; and is made a part hereof as if full set forth herein; and SECTION 4. That the amendment to Section 54-7(a)(I), as reflected in the highlighted language, is hereby adopted and approved; and is attached as if fully set forth herein; and SECTION 5. That the addition of Section 54-7(a)(2), as reflected in the highlighted language, is hereby adopted and approved, and is attached as if fully set forth herein; and SECTION 6. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed; and Page 1 of 11 SECTION 7. That this ordinance amendment shall become effective upon its adoption. ORDAINED this 15 th day of July, 2013. Approved: Attest: Page 2 of 11 Sec. 54-3. Definitions. For the purposes of this chapter, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory. As used in this chapter, the following terms shall have the meanings ascribed below: Abandonment means the intent to abandon or discontinue operations as evidenced by voluntary conduct such as written notice to the city to stop using the facility or failure to use a wireless telecommunications facility for a period of six months or more. Accessory facility or structure means an accessory facility or structure serving or being used in conjunction with the wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to: utility or transmission equipment storage equipment storage sheds or cabinets. Accessory use means 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 structure. Antenna means a system of electrical conductors that transmit and/or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to radio, television, cellular, paging, personal telecommunications services (PSC), microwave telecommunications and services not licensed by the FCC, but not expressly exempt from the city's siting, building and permitting authority. Antenna array means a single set or group of antennas and their associated mounting hardware, transmission lines or other appurtenances which share a common attachment device such as a mounting frame or mounting support. Applicant means a person or entity submitting an application for a wireless telecommunications facility, including the property owner, antenna support structure owner, and any proposed tenants for the facility. Attached wireless telecommunications facility means an antenna or antenna array that is secured to an existing building or structure (except an antenna support structure) with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless telecommunications facility is considered to be an accessory use to the existing principal use on a site. Page 3 of 11 Co-location means a situation in which two or more wireless personal service providers place a wireless telecommunications antenna or antennas and feed lines on a common antenna support structure or other structure on which there is an existing antenna array. Concealed means a wireless telecommunications facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure, to include antennas, ancillary structures, and utilities. Coverage means the geographic area reached by an individual wireless telecommunications facility installation. Directional antenna means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Effective radio power (ERP) means the product of the antenna power input and the numerically equal antenna power gain. FAA means the Federal Aviation Administration. FCC means the Federal Communications Commission. Geographic search area (GSA) means an area designated by a wireless provider or operator for a new base station, produced in accordance with generally accepted principles of wireless engineering. Guy tower means a tower supported, in whole or in part, by guy wires and ground anchors. Height. See "Structure height." Historic structures means structures in Milton which have been formally designated as a historic structure as designated by the City Historic Preservation Commission or Georgia Historic Preservation Division of the Department ofNatural Resources or the United States Department of the Interior; have sufficient historic merit as determined by the city council and the historic preservation commission so as to require preservation. Lattice tower means a guyed or self-supporting, open frame structure that has three or four sides used to support telecommunications equipment. Low power mobile radio service telecommunications facility means an unmanned facility which consists of equipment for the reception, switching and transmission of low power mobile radio service communications. Such facilities may be elevated, either building-mounted or ground-mounted; transmitting and receiving antennas; low power mobile radio service base equipment; or interconnection equipment. The facility types include: roof and/or building mounted facilities, freestanding low power mobile radio service facilities, and micro-cell or repeater facilities. Page 4 of 11 Low power telecommunications facility means an unmanned facility consisting of equipment for the reception, switching and/or receiving of wireless telecommunications operating at 1,000 watts or less effective radiated power (ERP) including, but limited to the following: (1) Point-to-point microwave signals. (2) Signals through FM radio transmitters. (3) Signals through FM radio boosters under ten watts ERP. (4) Cellular, enhanced specialized mobile radio (ESMR), paging services and personal communications networks (PCN). (5) Private, low power mobile radio services which include industrial, land transportation, emergency public safety and government, automatic vehicle monitoring, personal mobile (CB's) and HAM operators. Low power telecommunications facility accessory building means an unmanned building used to house equipment related to a communications facility. Low power commercial radio mobile network means a system of low power commercial telecommunications facilities which allows wireless conversation to occur from site to site. Existing tower map refers to the siting map prepared by staff and approved by city council to identify existing sites where wireless telecommunications facilities are located as may be amended from time to time. Such map may be derived from propriety information submitted by wireless providers (see Map 1). Micro-cell means a low power mobile radio service telecommunications facility used to provide increased capacity in high call-demand areas or to improve coverage to weak areas. Micro-cells communicate with the primary low power mobile radio service facility in a coverage area via fiber optic cable or microwave. The typical coverage area for a micro-cell is a one-mile radius or less. Microwave antenna means a dish-like antenna used to link communications sites by wireless transmission of voice or data. Modification or Modifications shall have the same meaning as in O.C.G.A. 36-66B-3(7), except that modifications may also include: (i) an increase in structure height of a pre-existing tower up to 30% so long as such height increase does not trigger FAA lights requirements; or (ii) the removal and replacement of a pre-existing tower with a tower at the same location that may be up to 30% taller so long as any such structure height increase does not trigger FAA lighting requirements. Any modification under (i) or (ii) may only occur upon a demonstration deemed sufficient to the director that increasing structure height will allow collocation on the tower by a separate wireless service provider and that such collocation will obviate the need for a new Page 5 of 11 wireless telecommunications facility in Milton. Any modification under (ii) shall, to the extent reasonably practicable, match the general design aesthetic of the pre-existing tower with an emphasis placed on stealth technology, though the director shall be authorized to allow reasonable changes in tower design to accommodate technology advances or engineering loading requirements. Any modification in compliance with (i) and (ii) shall authorize a corresponding percentage increase in the size of the associated equipment compound. Monopole means a cylindrical, self-supporting, i.e., not supported by guy wires, communications tower constructed of a single spire, used to support telecommunications equipment. Omni-directional antenna means an antenna that is equally effective in all directions, the size of which varies depending on the frequency and gain for which it is designed. Ordinary maintenance means the normal repair and maintenance of a telecommunications facility without adding, removing or changing any components of a telecommunications facility. Maintenance includes inspections, testing and modifications that maintain functional use, aesthetic and structural integrity. Ordinary maintenance includes replacing antennas and accessory equipment on a like-for-like basis within an existing telecommunications facility, strengthening the support structure's foundation or of the support structure itself, and relocating the antennas of approved telecommunications facilities to different height levels on an existing monopole or tower upon which they are currently located. Planning and zoning. See "Community development." Planning commission means the City of Milton Planning Commission. Preexisting towers and preexisting antennae means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Radiofrequency engineer means a radiofrequency expert with specialized training and experience in the development and analysis of telecommunication networks and facilities, or a professional engineer licensed in the State of Georgia and experienced in the telecommunications field; however, in the event that this chapter requires an engineering certification regarding structural loading or other certification associated with the safety or integrity of structures, a certification by a professional engineer licensed in the State of Georgia shall be required. Repeater means a low power mobile radio service telecommunications facility used to extend coverage of cell areas to areas not covered by the originating facility. Residential district shall mean any zoning district in the City of Milton that allows single­ family residential uses as a permitted use. Currently this includes all zoning districts except C-l, C-2, M-IA, M-l and M-2. Page 6 of 11 Roofand/or building-mounted telecommunications facility means a wireless telecommunications facility in which antennas are supported entirely by a building other than a building accessory to a telecommunications facility and do not significantly change the profile of the existing structure and are not readily noticeable to the untrained eye. Existing structures include buildings, water tanks, towers, and utility poles. Such facilities may include micro-cell and/or repeater facilities. Scenic view means a wide angle or panoramic field of sight that may include natural and/or manmade structures and activities. A scenic view may be from a stationary viewpoint or be seen as one travels along a roadway, waterway, or path. A view may be to a far away object, such as a mountain, or a nearby object. Screening means the use of design, existing buildings and structures, existing buffers and proposed vegetation and color to obscure a wireless telecommunications facility. Sectorized panel antennas means an array of antennas, usually rectangular in shape, used to transmit and receive telecommunications signals. Separation means the vertical distance between one carrier's antenna array and the antenna array of another carrier. Siting means the method and form of placement of a wireless telecommunications facility on a specific area of a property. Stealth technology installation means manmade trees, clock towers, bell steeples, light poles and similar alternative-design structures, that in the opinion of the city council, are compatible with the natural setting and surrounding structures, and effectively camouflage or conceal the presence of antennas or towers. EXAMPLES OF STEALTH TECHNOLOGY Flagpole Pine Tree Structure height means the distance measured vertically from the average ground elevation adjacent to the structure being measured to the highest point when positioned for Page 7 of 11 operation. The height of a tower includes the height of any antenna positioned for operation attached to the highest point on the tower. Technically feasible and viable means capable of being provided through technology which has been demonstrated in actual applications (not simply through tests or experiments) to operate in a workable manner. Telecommunications facility means a telecommunications tower, monopole tower, antenna or any and all buildings, structures, or other supporting equipment used in connection with a telecommunications tower, monopole tower, or antenna. Monopole S{)lf~Sllpportlng Guyed 100-200 fRet L1H 100-.100 feet tall 100-2.150 fpet tall Source: H'ww.c(/c.gOl'/lliosiJ Tower means any structure designed primarily for the purpose of supporting one or more antennas used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication, including self­ supporting lattice towers, guy towers or monopole towers constructed as a freestanding structure or in association with a building or other permanent structure. Towers include radio and television transmission towers, microwave towers, common-carrier towers, cellular and digital telephone towers, alternative tower structures, and the like. Whip antenna means an antenna that is cylindrical in shape. Whip antennas can be directional or omni-directional; size varies with the frequency and gain for which they are designed. Wireless service provider means any private or public entity engaged in the transfer of information over a distance without the use of electrical conductors. Page 8 of 11 Wireless telecommunications facility (WTF) means a staffed or unstaffed commercial facility for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or groups of antennas, transmission cables and equipment enclosures, and may include an antenna support structure. The following nonexclusive list shall be considered a wireless telecommunications facility: new and existing antenna support structures, replacement antenna support structures, collocations on existing antenna support structures, attached wireless telecommunications facilities and concealed wireless telecommunications facilities. Also see "Telecommunications facility." WTF. See "Wireless telecommunications facility." (Ord. No.1 0-08-70, § 1, 8-9-2010) Sec. 54-5. General requirements. (a) An application for a telecommunications facility permit shall be required for the construction or placement of all new wireless telecommunications facilities and attached wireless telecommunication facilities. The building permit process for collocations or modifications as defined in O.e.O.A. § 36-66B-3 and subsection 54-3 and as set forth in O.e.O.A. § 36­ 66B-4(a) shall be governed by subsection 54-7(a) and no further requirements of this section shall be applicable unless a concurrent variance accompanying an application for modification is requested. If a concurrent variance associated with a modification is requested, subsection 54-7(a)(2) shall receive compliance. Pennits for all other telecommunications facilities shall be processed in accord with subsection 54-7(b). Telecommunications facility permits shall be reviewed by the mayor and city council in accordance with the standards set forth in this chapter. Approval of any application for the construction of a new tower or placement of an antenna (exempting antenna placement on a previously approved wireless support structure as defined at O.C.O.A. § 36-66B-3(9) or modification of wireless facilities as defined at O.C.O.A. § 36-66B-3(8)) shall be based on consideration of the following factors: (1) Demonstrated need for proximity to residential structures and residential district boundaries; (2) Demonstrated need for the proposed height of the tower; (3) Minimal impact on the use of adjacent properties; (4) Surrounding topography, tree coverage and foliage that buffer the potential visual impact of the telecommunications facility; (5) Design of the facility, with particular reference to design characteristics which have the effect of reducing or eliminating visual obtrusiveness, to include consideration of stealth technology installations; (6) Proposed ingress and egress; Page 9 of 11 (7) Availability of suitable existing towers, other structures, or alternative/emerging technologies (microcells) not requiring the use of towers or structures. (8) Demonstrated need for the telecommunications facility at the specified site. (9) With reference to the City of Milton Existing Tower Map, as amended. Sec. 54-6. Development requirements for towers. (f) All new towers must meet the following maximum heights and be designed and built in a manner that allows other entities to co-locate on the structure using the following guidelines: MAXIMUM TELECOMMUNICATIONS TOWER HEIGHTS Zoning District Two Users Three Users Four Users 0-1 120' 150' 150' IC-lIC-2/M-l/M-l A/M­ 2/AiALlAO-l 120' 150' 150' Modification to Pre­ existing towers Up to 30% increase* Up to 30% increase* Up to 30% increase* *30% maximum increase in tower height shall be measured from height of pre-existing tower. In no event may height increase trigger FAA lighting requirements. Sec. 54-7. Approval process. (a) The following uses are subject to expedited approval, which shall be defined as approval within 60 days of receiving applications, supporting engineering certifications and lease approval, if any, without the necessity of public hearing: (1) Collocation on a previously approved wireless support structure as defined at O.CO.A. § 36-66B-3(8) or modification of wireless facilities as defined at O.CO.A. § 36-66B-3(9). However, with respect to applications for collocation that do not independently satisfy the definition of modification, if any ofthe following apply: a. The proposed collocation increases the overall height or width ofthe wireless support structure to which the wireless facilities are to be attached; b. The proposed collocation increases the dimensions of the equipment compound approved by the local governing authority; Page 10 of 11 -r--­ c. The proposed collocation does not comply with applicable conditions of approval, if any, applied to the initial wireless facilities and wireless support structure, as well as any subsequently adopted amendments to such conditions of approval; and d. The proposed collocation exceeds the applicable weight limits for the wireless support structure, as demonstrated by a letter from a structural engineer licensed to practice in this state; then expedited permitting under subsection S4-7(a) shall not apply and the applicant shall be required to utilize subsection S4-7(b). (2) If a proposed modification will result in a buffer encroachment, tower setback encroaciunent, or other condition on property requiring a variance from any of the provisions of Chapter 54 (other than allowed modified height and associated equipment compound increases), then the applicant shall be required to tender a variance request as part of the modification application. The variance request will be considered by the mayor and city council concurrently with the request for modification, and notwithstanding any provision of Chapter 64 regarding the processing or advertising of variances, a request for variance made hereunder shall only be required to adhere to the procedural requirements of the State of Georgia Zoning Procedures Law, O.e.G.A. 36-66-1, et. seq. Page 11 of 11