§ 7.5. Public institutional.

This district is intended for government and utility owned and/or operated land, such as county and city government offices, library, school, law enforcement, emergency services, utility facilities, and other areas owned or operated by city or county government or utilities. Any cell tower use shall be governed by the requirements set forth in exhibit A hereto.

Exhibit A
Telecommunications Tower and Antenna

(1)

Notwithstanding setback regulations, the required setback to any public right-of-way or residence or any other property where people regularly gather or travel is equal to the height of the tower. The setback shall be measured from the base of the tower.

(2)

Telecommunications towers and antennas shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration or Federal Communications Commission, be painted a neutral color, so as to reduce visual obtrusiveness. At a tower site, the design of the buildings and related structures shall, to the maximum extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall 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. No advertising sign or logo is permitted on any tower or antenna.

(3)

Radio, television or other electromagnetic transmission or reception on other properties will not be disturbed or diminished.

(4)

The tower will have lighting which consists of a red or bright white light at night and strobes in daylight, when lighting is required by the Federal Aviation Administration. The lighting shall be oriented so as not to project directly onto surrounding residential property. The owner shall submit documentation from the FAA that the lighting is the minimum required by the FAA.

(5)

Telecommunications towers and antennas shall be entirely enclosed by a security fence not less than six feet tall. Towers shall be equipped with an appropriate anti-climbing device. This requirement shall not apply to alternative tower structures provided equivalent alternative security measures are installed.

(6)

In addition to any other landscaping or buffer requirements that may apply, telecommunications towers and antennas shall be landscaped with a buffer of plant material that effectively reduces the visual obtrusiveness of the tower site from adjacent uses. Existing tree growth and natural land forms on site shall be preserved to the maximum extent possible. At a minimum, a buffer strip ten feet in width shall be provided around the perimeter of the site. The tower compound shall be surrounded by a tight evergreen vegetative screen not less than six feet tall and shall consist of evergreen trees and/or shrubs that will normally obtain a height of eight feet within five years. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

(7)

Telecommunications towers and antennas shall be constructed to the minimum height necessary to accomplish their required telecommunications purpose.

(8)

Output power levels from the tower and/or associated antennas shall not exceed the current federally approved levels for exposure to electromagnetic radiation.

(9)

Each applicant requesting a conditional use permit shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the building and code official to be necessary to assess compliance with this ordinance. Any information of an engineering nature shall be certified by a licensed professional engineer.

(10)

Each applicant for a tower and/or antenna shall also provide an inventory of its existing towers that are either within the city or one-quarter mile thereof, including specific information about the location, height, and design of each tower. The city may share such information with other applicants applying for land use approvals and permits under this ordinance or other organizations seeking to locate antennas within the city. However, the city is not, by sharing such information, representing or warranting that such sites are available or suitable.

(11)

The planning commission and council shall consider the following factors in determining whether to issue a conditional use permit for a telecommunication facility:

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Type of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Design of the tower, particularly as to visual obtrusiveness;

f.

Proposed ingress and egress;

g.

Availability of suitable existing towers and other structures as discussed above; and

h.

Whether the tower is designed to accommodate additional antennas.

(12)

All decisions by the city or its officials regarding a request to place, construct or modify a telecommunications tower or antenna shall be in writing and supported by a written record documenting the reasons for the denial and the evidence in support thereof. All such decisions shall be made within a reasonable time from the date a completed application is duly filed with the appropriate department. Applications in all cases where the telecommunications tower or antenna is an authorized use shall be made to and decided by the mayor and council upon review and recommendations of an engineer pursuant to all standards and requirements herein.

(13)

Co-location of antennas is encouraged. Each applicant for a telecommunications tower or antenna shall provide to the city an inventory of existing towers that are either within the jurisdiction of Union Point or within one-quarter mile of the boundaries thereof, including information regarding the location, height, and design of each tower. The city may share such information with other applicants applying for conditional use permits under this ordinance or with other organizations seeking to locate antennas within the jurisdiction of Union Point, provided, however, that the city is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of Union Point that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence shall be submitted at the time of application which demonstrates that no existing tower or structure can accommodate the applicant's proposed antenna and may consist of the following:

a.

No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

e.

The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.

f.

The applicant demonstrates other limiting factors that render existing towers and structures unsuitable.

(14)

All transmission towers installed after the effective date of [this section] shall be structurally and mechanically capable of accommodating the antenna or array of antennae of more than one user/transmitter, unless the tower is incapable of supporting more than one user/transmitter due to the design of the tower which is incorporated into another structure in compliance. Monopoles shall accommodate a minimum of two total users, lattice or other types of towers shall accommodate a minimum of three total users. To ensure structural integrity, towers and antennas shall be maintained in compliance with the building code and the current applicable standards published by the Electronic Industries Association. If the city concludes that a tower or antenna fails to comply and/or constitutes a danger to persons or property, then upon notice to the owner, the owner shall have 30 days to bring such tower or antenna into compliance. If the owner fails to do so, the city may remove such tower or antenna at the owner's expense. Any such removal shall be as provided in O.C.G.A. §§ 41-2-8—41-2-17.

(15)

To further encourage co-location, additional users and associated equipment which do not add to the tower height, may be added without additional approval. However, additional building code regulations may apply. Site plans must show the locations for at least two equipment buildings, even if the tower is proposed for a single user.

(16)

Installation of an antenna on an existing alternative tower structures (a building, sign, light pole, water tower, or other free-standing nonresidential structure) 50 feet tall or greater is permitted, subject to zoning district restrictions.

(17)

The placement of additional buildings or other supporting equipment necessarily required in connection with an otherwise authorized telecommunications tower or antenna is authorized.

(18)

Any telecommunications tower or antenna that is not operated for a continuous period of six months shall be considered abandoned and the owner of such antenna or tower shall remove same within 90 days of receipt of notice by the city notifying the owner of such abandonment.

(Ord. of 5-10-2011, § 1(Exh. A))