HomeMy WebLinkAboutORD 5948 AMEND COMP ZONING ADDING SEC 28 A
Augusta Richmond GA
DOCUMENT NAME: 0 - ffil- SC\l\~
DOcUMENTTYPE:C)~(}\~\\~
YEAR: C\l
BOX NUMBER: 0 ~
FILE NUMBER: \::0Jl
NUMBER OF PAGES: \\
':' ;:-;
..
.- .."
-~
ORDINANCE NO. ~9 y~
An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Board of
Commissioners of Richmond County and the City Council of Augusta effective
November 15, 1983, entitled "An Ordinance to Readopt and Reconfirm the
Comprehensive Zoning Ordinance adopted March 25, 1963, by the Board of
Commissioners of Richmond County and the City Council of Augusta, by adding
Section 28-A (Telecommunication Facilities) thereby adding specific regulations to
address the location of telecommunication towers.
THE AUGUSTA-RICHMOND COUNTY COMMISSION HEREBY ORDAINS:
SECTION 1. That the Comprehensive Zoning Ordinance is amended by adding the following Section
28-A (Telecommunication Facilites):
SECTION 28-A
TELECOMMUNICATION FACILITIES
28-A-l
PURPOSE. This section is designed and intended to balance the interests of the
residents of Augusta-Richmond County, telecommunications providers and
telecommunications customers in the siting of telecommunications facilities within
Augusta-Richmond County so as to protect the health, safety and integrity of residential
neighborhoods and foster through appropriate zoning and land use controls, a
competitive environment for telecommunications carriers that does not unreasonably
discriminate among providers of functionally equivalent personal wireless services and
shall not prohibit or have the effect of prohibiting the provision of personal wireless
services, and so as to promote Augusta- Richmond County as a proactive city in the .
availability of personal wireless telecommunications service. To that end, this section
shall:
A.
Provide for the appropriate local land use and development of
telecommunications facilities in Augusta-Richmond County;
Protect Augusta-Richmond County's built and natural environment by
promoting compatible design standards for telecommunications facilities;
Minimize adverse visual impacts of telecommunications facilities through
careful design, siting, landscape screening and innovative camouflaging
techniques;
B.
c.
28-A-2
~ .
D. Avoid potential damage to adjacent properties from tower or antenna failure
through engineering and careful siting of telecommunications tower structures
and antenna;
E. Maximize use of any new and existing telecommunications towers so as to
minimize the need to construct new towers and minimize the total number of
towers throughout Augusta-Richmond County;
F. Maximize and encourage use of alternative telecommunication tower structures
rather than construction of additional single-use towers; and
G. Encourage and promote the location of new telecommunications facilities III
areas which are not zoned for residential use.
DEFINITIONS. As used in this ordinance, the following terms shall have the
meanings indicated:
A. "Antenna" means any exterior apparatus designed for the sending and/or
receiving of electromagnetic waves for telephonic, radio, television, or personal
wireless services. For the purposes of this ordinance the term "antenna" does
not include any tower and antenna under seventy (70) feet in total height which
is owned and operated by an amateur radio operator licensed by the Federal
Communications Commission, and any' device designed for over-the-air
reception of radio or television broadcast signals.
B. "Director" means the Executive Director of the Augusta-Richmond County
Planning Commission.
C. "Governing body" means the Augusta-Richmond County Commission;
D. "Monopole tower" means a telecommunications tower consisting of a single
pole constructed without guy wires or ground anchors;
E. "Panel Antenna" means a flat surfaced antenna used for transmitting and
receiving radio signals.
F. "Permitted Use" means the use of land that is allowed "by right" requiring no
further zoning action or special exception to permit its development.
G. "Stealth Facility" means a telecommunications facility that is not readily
identifiable as a telecommunications facility, is visually unobtrusive, and has an
innovative approach to construction.
H. "Telecommunications facilities" refers to antenna and towers, either individually
or together.
1. "Tower" means a structure, such as a lattice tower, or monopole tower
constructed as a freestanding structure or in association with a building, other
permanent structure or equipment on which is located one or more antenna
intended for transmitting or receiving analog, digital, microwave, cellular,
telephone, personal wireless service or similar forms of electronic
communication. The term includes microwave towers, common carrier towers,
and cellular telephone towers;
J. "Whip antenna" means an antenna vertically oriented, for transmitting and
receiving radio signals.
28-A-3
28-A-4
EXEMPTIONS. The following shall be exempt from this ordinance:
A. Any tower and antenna under seventy (70) feet in total height which is owned
and operated by an amateur radio operator licensed by the Federal
Communications Commission;
B. Any device designed for the over-the-air reception of radio or television
broadcast signals; or
C. Any telecommunications facilities located on property owned, leased or
otherwise controlled by Augusta-Richmond County provided a license or lease
authorizing the telecommunications facility has been approved;
GENERAL REQUIREMENTS. The following shall govern the location and
construction of all telecommunication facilities regulated by this ordinance:
A. Building Codes and Safety Standards. To ensure the structural integrity of
telecommunications facilities, the owner of a telecommunications facility shall
ensure that it is maintained in compliance with standards contained in applicable
local building codes and constructed to the EIA/TIA 222-E standards, as
published by the Electric Industries Association, which may be amended from
time to time. Owners of telecommunications facilities shall conduct periodic
inspections of such facilities at least once every five years to ensure structural
integrity. Inspections shall be conducted by a qualified independent engineer
licensed to practice in Georgia. The results of such inspection shall be provided
to the Director.
B. Regulatory Compliance.
1. All telecommunications facilities must meet or exceed current standards
and regulations of the FAA, the FCC and any other agency of the state or
federal government with the authority to regulate telecommunications
facilities.
2. Owners of telecommunications facilities shall provide certification
showing that each telecommunications facility is in compliance with all
applicable federal and state requirements. Certification of compliance
must be submitted every 5 years.
C. Visual Impact.
1. Telecommunications facilities shall either maintain a galvanized steel
finish, or subject to any applicable standards of the FAA or other
applicable federal or state agency, be painted a neutral color or painted
and/or textured to match the existing structure so as to reduce visual
obtrusiveness.
2. If an antenna is installed on a structure other than a tower, the antenna
and associated electrical and mechanical equipment must be of a neutral
color or 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. Roof-mounted antennas shall be made
visually unobtrusive by screening to match existing air conditioning
units, stairs, elevator towers or other background.
3. Where feasible, telecommunications facilities should be placed directly
above, below or incorporated with vertical design elements of a building
to help in camouflaging.
4. Any equipment shelter or cabinet that supports telecommunications
facilities must be concealed from public view or 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.
5. Site location and development shall preserve the primary character of the
surrounding buildings and land uses and the zone district as much as
possible. Towers shall be integrated through location and design to blend
in with existing characteristics of the site to the extent practical.
6. Except for stealth facilities, towers shall not be sited where they would,
in the opinion of the Augusta-Richmond County Planning Commission,
negatively affect (a) historic structures or landmarks that are recognized
or designated in national or state historic registers, or (b) structures or
landmarks that are at least fifty (50) years old and, in the opinion of the
Augusta Richmond County Planning Commission have some
demonstrable historic value.
7. 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 and related facilities to the natural
setting and built environment.
D. Landscaping.
1. Landscaping shall be used to effectively screen the view of the
telecommunication facility from adjacent public ways, public property
and residential property.
2. Native vegetation on the site shall be preserved to the greatest practical
extent. The applicant shall provide a site plan showing existing
significant vegetation to be removed, and vegetation to be replanted to
replace that lost.
3. The landscaping requirement, where lesser requirements are desirable for
adequate visibility for security purposes, for continued operation of
existing bona fide agricultural or forest uses such as farms, nurseries and
tree farms or where an antenna is placed on an existing structure may be
modified or waived upon approval of the Augusta-Richmond County
Planning Commission. In certain locations where the visual impact of the
tower would be minimal, such as remote agricultural or rural locations or
developed heavy industrial areas, the landscaping requirement may be
modified or waived upon approval by the Augusta-Richmond County
Planning Commission.
4. Existing on-site vegetation shall be preserved or improved, and
disturbance of the existing topography shall be minimized, unless such
disturbance would result in less visual impact of the site to the
surrounding area.
5. The landscaping provlSlons of this section shall not apply to
telecommunication facilities located in LI (Light Industry) and HI
(Heavy Industry) zones, unless the site is in view of a residential use in a
residential zone, as viewed from the base of the tower. This does not
exempt such development from the provisions of the Richmond County
Tree Ordinance.
E. Setbacks.
The following setback requirements shall apply to all telecommunications
facilities, provided however, that the Augusta-Richmond County Planning
Commission may reduce the standard setback requirements of this section if the
goals of this ordinance would be better served thereby:
1. Telecommunications towers must be set back a distance equal to the
height of the tower from any existing off-site residential structure.
2. Telecommunications towers must be set back a distance equal to one half
of the height of the tower from any property line which borders a single
family residentially zoned lot that is either located in a developed or
developing subdivision or a tract for which a legal subdivision
development plan is on file.
3. Towers, guy wires and accessory facilities must satisfy the zoning
district setback requirements as identified in Sections 7-28 of this
Ordinance.
4. The tower setbacks referenced in Subsections I and 2 of this Section
[28-A-4(E)] shall be measured from the base of the tow~r itself.
F. Miscellaneous.
1. Lighting: No illumination is permitted on telecommunications facilities
unless required by the FCC, FAA, or other state or federal agency of
competent jurisdiction or unless necessary for air traffic safety. When
lighting is required, it shall be oriented inward to the extent possible so
as not to project onto surrounding residential property.
2. Advertising. No advertising is permitted on telecommunications
facilities. However, whip antennas or panel antennas may be allowed on
any legally permitted permanent billboard or outdoor advertising sign as
long as the other requirements of this ordinance are met.
3. Telecommunication facilities may be located on sites containing other
principal uses in the same buildable area.
4. Security. Towers shall be enclosed by decay-resistance security fencing
not less than six (6) feet in height and shall be equipped with an
appropriate anti-climbing device or other similar protective device
designed to prevent tower access. If the owner can demonstrate the
ability to restrict unauthorized access to the tower, then this latter
provision may be waived by the Director.
28-A-5
DISTRICT REGULATIONS.
A. Agriculture (A) Zone.
I. Telecommunication towers may be located in an A zone upon the
granting of a special exception.
2. Factors to be considered in granting a special exception are identified in
28-A-6.
B. Single-family Residential Zone (R-l, R-IA, R-IB, R-IC, R-ID, and R-IE):
1. Telecommunication facilities not exempted under 28-A(3) may not be
located in the R-I zone as permitted uses;
2. Monopole and antenna telecommunication facilities may be located in a
single family residential zone upon the granting of a special exception.
3. In order to qualify for consideration by Special Exception in the R-l
zone, telecommunication facilities must be located on existing
nonresidential structures, or designed as stealth facilities.
4. Factors to be considered in granting a Special Exception are identified in
28-A-6.
C. Two-family Residential (R-2), Multiple-Family Residential (R-3A, R-3B, and
R-3C), Manufactured Home Residential (R-MH), and Professional (P-I) Zones.
I. Telecommunication facilities or antenna, and stealth facilities shall be
permitted uses in the R-2, R-3A, R-3B, R-3C, R-MH, and P-l zones, if
they are located on existing nonresidential structures, and as long as they
do not exceed the height allowable in the zone. Whip antennas or panel
antennas may extend twenty (20) feet above the height limit.
2. Otherwise, telecommunications towers may be located in the R-2, R-3A,
R-3B, R-3C, R-MH, and P-I zones upon the granting of a special
exception.
3. Factors to be considered in granting a Special Exception are identified in
28-A-6.
D. Neighborhood Business Zone (B-1).
1. Monopole telecommunication facilities and antenna may be located in
the B-1 zone as permitted uses so long as they do not exceed the height
limit for the zone, except that whip antennas or panel antennas can
extend twenty (20) feet above the height limit.
2. Other telecommunication facilities may be located in the B-1 zone upon
the granting of a Special Exception.
3. Factors to be considered in granting a Special Exception are identified in
28-A-6.
E. General Business Zone (B-2)
1. A telecommunication facility may be located in the B-2 zone as a
permitted use under the following conditions:
(a) It does not exceed the height limit of the zone, and within ~ mile
of a proposed tower location there are no existing structures the
top of which appear to be 90% or more of the height (elevation
AMSL) of the proposed tower; or
(b) It exceeds the height limit for the zone, but not by more than
thirty (30) feet, and the tower will be built to accommodate two
other wireless carriers (at least 3) and within 12 mile of a
proposed tower location there are no other existing structures the
top of which appear to be 90% or more of the height (elevation
AMSL) of the proposed tower; or
(c) It does not exceed the height limit for the zone and the applicant
can demonstrate to the satisfaction of the staff of the Planning
Commission that coverage I capacity capability and system
design would be compromised if the applicant were required to
co-locate.
2. In all other cases, telecommunication facilities may be permitted in the
B-2 zone by special exception.
3. Factors to be considered in granting a special exception are identified in
28-A6.
4. Whip antennas or panel antennas may extend twenty (20) feet above the
height limit for the zone or any other permitted height as indicated
above.
F. Industrial Zones (LI and HI). Telecommunication facilities may be located in the
LI and HI zones under the following conditions:
1. As permitted uses in the LI zone if the height is not to exceed 200 feet;
and
2. As permitted uses in the HI zone if the height is not to exceed 350 feet.
3. In all other cases, telecommunication facilities may be permitted in the
LI and HI zones by special exception.
4. Factors to be considered in granting a special exception are identified III
28-A6.
28-A-6
SPECIAL EXCEPTION. Criteria to be used to evaluate applications that require
special exceptions shall include the following:
1. height of proposed structure
2. distances to residences
3. nature of surrounding land use
4. surrounding topography
5. surrounding tree coverage
6. design of structure - char8:cteristics that reduce obtrusiveness
7. design of structure - ability to accommodate additional antenna
8. ingress and egress
9. availability of towers or other tall structures within one-half mile of the
proposed site. If within ~ mile of a proposed tower location there are existing
structures the top of which appear to be 90% or more of the height (elevation
AMSL) of the proposed tower site, then evidence must be provided with the
application that existing structures are not of sufficient strength, or applicant use
of structure would cause conflict with the existing use of structure, or that the
28-A-7
cost of sharing would be unreasonable, or that the structure is not available for
co-location, or coverage / capacity capability and system design would be
compromised. (SEE 28-A-7);
10. Proximity to property owned by Augusta-Richmond County that could be
utilized for construction at the same or less cost to the carrier while
accomplishing the same coverage goals of the carrier.
APPLICATION PROCEDURE. Applications for the construction of
telecommunications facilities, except for whip antennas and panel antennas where they
are permitted uses, shall be made to the staff of the Augusta-Richmond County
Planning Commission. A cursory review during an initial conference regarding a
proposed facility may be held, but applications will not be accepted unless they contain
the following information: .
A. Site plan or plans to scale specifying the location of telecommunications
facilities, transmission building and/or other accessory uses, access, fences,
landscaped area and adjacent land uses.
B. Landscape plan to scale indicating size, spacing and type of plantings required in
Section 28-A-2d.
C. A general description of the environment surrounding the proposed
telecommunications facility accompanied by a map covering an area at least
one-half mile in radius, to scale no greater than one inch to 1200 feet, shOWing
any adjacent residential structures and districts, structures and sites of historic
significance, streetscapes or scenic view corridors.
D. For those proposed tower locations requiring a special exception or for those
facilities for which the elevation of the top of other structures could result in the
need for a special exception, identification of the geographic service area for the
subject installation, including a map covering an area at least one-half mile in
radius and at a scale no greater than one inch to 1200 feet showing the site and
the nearest or associated telecommunications facility sites within the network of
the applicant. Describe the distance between the telecommunications facility
sites of the applicant. Describe how this service area fits into and is necessary for
the service network of the applicant.
E. For those proposed tower locations requiring a special exception or for those
facilities for which the elevation of the top of other structures could result in the
need for a special exception, a map covering an area of at least one-half mile in
radius, to scale no greater than one inch to 1200 feet, showing all publicly
owned property and buildings per information provided by Augusta Richmond
County, telecommunication facilities, and structures that are 90% or more of the
proposed facility height (AMSL). Provide a list of all such properties and
structures including street addresses, and a statement describing good faith
efforts and measures that were taken to secure these locations, addressing why
such properties and structures were not structurally, legally, technically, or
economically feasible and why such efforts were unsuccessful.
F. For those proposed tower locations requiring a special exception or for those
facilities for which the elevation of the top of other structures could result in the
need for a special exception, the applicant shall quantify the additional tower
28-A-8
capacity to be constructed if the proposal is granted, including the approximate
number and types of antenna that it could accommodate. The applicant shall
provide a drawing of each tower showing existing and proposed antenna
locations. The applicant shall also describe any limitations on the ability of the .
tower to accommodate other uses, e.g., radio frequency interference, mass
height, frequency or other characteristics. The applicant shall provide
certification that notice of the application has been given to all other
telecommunication tower users in the area by certified mail identifying the
proposed location and asking for their input regarding co-location possibilities.
G. Report from the applicant documenting the following:
1. Telecommunications facility height and d~sign, including technical,
engineering, economic, and other pertinent factors governing selection of
the proposed design;
2. Total anticipated capacity of the telecommunications facility, including
number and types of antenna which can be accommodated;
3. Evidence of structural integrity of the tower structure; and
4. Structural failure characteristics of the telecommunications facility and
demonstration that site and setbacks are of adequate size to contain
debris.
H. The identity of a community liaison officer appointed by the applicant to resolve
issues of concern to neighbors and residences relating to the construction and
operation of the facility. Include name, address, telephone number, facsimile
number and electronic mail address, if applicable.
1. For those proposed tower locations requiring a special exception or for those
facilities for which the elevation of the top of other structures could result in the
need for a special exception, a schedule for construction of the proposed facility
if zoning authorization is granted. Upon approval of a special exception,
construction must begin within one year or the special exception shall be null
and void. An applicant who is licensed by the FCC may submit a revised
schedule to the Planning Commission within the one year period asking for an
extension, which the Planning Commission shall have the authority to consider
as a variance. In no case shall an applicant who is not licensed by the FCC be
eligible for a variance from the one year provision.
ABANDONED TOWERS.
A. Any telecommunications facility that is not operated for a continuous period of
two (2) years or more shall be considered abandoned, whether or not the owner
or operator intends to make use of it or any part of it. The owner of a
telecommunications facility and the owner of the property where the facility is
located shall remove the abandoned telecommunications facility. If such antenna
and/or tower is not removed within sixty (60) days of receipt of a notice from
Augusta- Richmond County, notifying the owner(s) of such abandonment,
Augusta-Richmond County may remove such tower and/or antenna and place a
lien upon the property to insure that abandoned telecommunications facilities are
removed. Delay by the Augusta-Richmond County in taking action shall not in
any way waive Augusta-Richmond County's right to take action. Augusta-
Richmond may seek to have the telecommunications facility removed regardless
28-A-9
of the owner's or operator's intent to operate the tower or antenna and regardless
of any permits, federal, state or otherwise, which may have been granted.
B. If the owner of a tower or antenna, which has been abandoned for a period of
two years or more, wishes to use such abandoned tower or antenna, the owner
first must apply for and receive all applicable permits and meet all of the
conditions of this ordinance as if such tower or antenna were a new tower or
antenna.
PRE-EXISTING TOWER / NONCONFORMING USES.
A. All telecommunications facilities operative on the effective date shall be
allowed to continue their present usage as a nonconforming use and shall be
treated as a nonconforming use in accordance with Section 5 of the
Comprehensive Zoning Ordinance. Routine maintenance, including replacement
with a new tower or antenna of like construction and height, shall be permitted
on such existing telecommunications facilities. New construction other than
routine maintenance shall comply with the requirements of this ordinance.
B. Proposed communication antennae may, and are encouraged to, collocate onto
existing communication towers. Collocations are permitted by right and new or
additional special exception approval shall not be required.
C. An existing communication tower may be modified or rebuilt to a height not to
exceed thirty (30) feet more than the existing tower's height, to accommodate
the location of additional communication antennae. Ail increase in height per
this provision shall only be permitted one time at a given tower location. The
following provisions shall also apply:
1. The type of construction shall be the same tower type as the existing
communication tower or of monopole design.
2. The additional height shall not require an additional distance separation
as set forth in either subsections 28-A-4E (1), (2), or (3).
3. A communication tower which is being rebuilt to accommodate the
collocation of additional communication antennae may be moved on-site
within one hundred (100) feet of its existing location so long as it is not
moved closer to any residential structures than the existing location had
been.
4. After the communication tower is rebuilt to accommodate collocation,
only one tower may remain on the site.
5. A relocated on-site communication tower shall continue to be measured
from the original tower location. The relocation of a tower hereunder
shall in no way be deemed to cause violation of subsections 28-A4E (I),
(2), or (3).
6. The on-site relocation of a communication tower that is greater than one
hundred (100) feet and which comes within the set back distances to
residential units, as established in Section 28-A-4E of this ordinance,
shall be permitted only when notarized written consent is obtained from
adjoining residential property owners. Nonconforming residential
structures of three (3) or less do not apply.
".
.- , ..
D. Placement of an antenna on a nonconforming structure shall not be considered
an expansion of the nonconforming structure.
SECTION II. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed.
Done
In Open Meeting under the Common Seal thereof this
19
.
-,;
day
of (t~O~
,1997.
APPROVED THIS I q ?::I.
day of IL~ ~
, 1997.
ATTEST:
t/m~
This petition was published in the Augusta Chronicle, Friday, July 25, 1997, by the Planning
Commission for public hearing on Monday, August 11, 1997.