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HomeMy WebLinkAboutORDINANCE NO. 10-12-85STATE OF GEORGIA ,W. COUNTY OF FULTON ORDINANCE NO. 10-12-85 0 AN ORDINANCE TO AMEND CHAPTER 54, TELECOMMUNICATIONS, OF THE MILTON CITY CODE SECTIONS 54-4.(3),54-7.(b), 54-11, AND 54-21.(1) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 6, 2010 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relating to Amending Chapter 54 Sections 54-4.(3), 54- 7.(B), 54-11, and 54-21.(1), of the Milton City Code, as it relates to Telecommunications, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 6th day of December, 2010. Attest: ;g?n�jzw Sudie AM Gordon, City Clerk Joe Lockwood, a AMEND CHAPTER 54: AN ORDINANCE REGULATING THE LOCATION, WON" PLACEMENT AND LEASING OF WIRELESS TELECOMMUNICATIONS FACILITIES, SECTIONS 54-4.(3),54-7.(b), 54-11, AND 54-21.(1) Sec. 54-4. - Applicability. All new wireless towers and antennas shall be subject to the regulations contained within this chapter except as provided in subsections (1)—(3), inclusive: (1) Public property. Towers or antennas on public property approved by the city council. (2) Amateur radio; receive -only antennas. This chapter shall not govern any amateur radio tower, or the installation of any antenna, that is under 60 feet in height and is owned and operated by a federally -licensed amateur radio station operator or is used exclusively for receive only antennas. (3) Pre-existing towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this chapter shall not be required to meet the provisions of this chapter, other than the requirements of section 54-8. Any such towers or antennae shall be referred to in this chapter as "preexisting towers" or "preexisting antennae." However, in the event a r.. preexisting tower or antennae ceases to function, then the subject tower, antennae and related equipment shall be removed from the subject property within 90 days. Sec. 54-7. - Approval process. (b) If the proposed tower or antenna is not included under the above-described expedited approval uses, or the application does not on its face satisfy the development standards and other criteria specified herein, then a public hearing before the mayor and council and planning commission shall be required for the approval of the construction of a telecommunications facility in all zoning districts. Applicants shall apply for two public hearings, one before the planning commission and the mayor and city council through the community development department and pay the fee for such review in accordance with the fee schedule published by the city. The applications shall also go before the city design review board for its review prior to the planning commission meeting. Applications, when complete, shall be placed on the next available agenda of the planning commission and mayor and council at which zoning matters are considered. At least 30 days prior to any scheduled hearing, the community development department shall cause a sign to be posted on the property and the publication of a public notice in a newspaper of general circulation. Said notice shall state the nature of the application, street location of the proposal and height of the proposed structure as well as the time, date and location of each hearing. The community development department shall also give similar notice by regular am-" mail to all property owners and/or current residents within 500 feet of the boundaries of the subject property with a minimum of 75 owners who appear on the city tax ilkwrecords as retrieved by the city's geographic information system. The notices shall be "" mailed a minimum of 14 days prior to the first scheduled hearing. Re-notification by mail is required when a petition is recommended for deferral by the planning commission for any amount of time or is deferred by the mayor and city council. Before approving an application, the governing authority may impose conditions to the extent necessary to buffer or otherwise minimize any adverse effect of the proposed tower on adjoining properties. The factors considered in granting such a permit include those enumerated in sections 54-5 and 54-6 above. The mayor and council may waive one or more of these criteria, if, in their discretion doing so will advance the goals of this chapter as stated in section 54-1 above. If the city council determines that any application does not meet the general application requirements, development requirements and/or standards enumerated herein, or such application conflicts with the existing tower map, approval of the application shall be denied provided substantial evidence exists to support such denial. Any aggrieved party may appeal the denial to a court of competent jurisdiction. For purposes of this section, an aggrieved party is one who demonstrates that his or her property will suffer special damage as a result of the decision complained of rather than merely some damage that is common to all property owners and citizens similarly situated. Approved applications shall expire one year from the date of the approval by the mayor and council unless the property owner makes substantial progress toward the NNW completion of on-site construction depicted on the site plan. Substantial progress shall have been demonstrated when, within one year of the date of the issuance of the telecommunications facility permit, the director of community development department determines that continuous, observable progress is being made to completion according to an approved construction schedule. Sec. 54-11. - Lease application. Any person that desires to solicit the city's approval of a facilities lease pursuant to this chapter shall file a lease proposal with the city's community development department which, in addition to the information required by section 54-5, shall include the following: Sec. 54-21. - Renewal application. A lessee that desires to exercise a renewal option in its facilities lease under this chapter shall, not more than 180 days nor less than 120 days before expiration of the current facilities lease term, file an application with the city for renewal of its facilities lease which shall include the following: (1) The information required pursuant to section 54-11 of this chapter;