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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.