[HISTORY: Adopted by the Common Council of the City of Fulton 3-2-1999 by L.L. No. 4-1999 (Ch. 158 of the 1991 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 640.
The City of Fulton recognizes the increased demand for wireless communications transmitting facilities and the need for services they provide. Often these facilities require the construction of a communications tower. The intent of this chapter is to regulate telecommunications facilities, as herein defined, in order to achieve the following:
A. 
Promote the health, safety and general welfare of the residents of the City of Fulton.
B. 
Protect the natural features and aesthetic character of the City of Fulton.
C. 
Provide standards for the safe provision of telecommunications facilities consistent with applicable federal and state regulations.
D. 
Protect the City's interest in properly siting towers in a manner consistent with sound land use planning, while also allowing wireless services providers to meet their technological and service objectives.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
An accessory facility or structure serving or being used in conjunction with a telecommunications facility or tower and located on the same lot as a telecommunications facility or tower. Examples of such structures include utility or transmission equipment, storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal communications services (PCS) and microwave communications.
CAMOUFLAGING
The construction of facilities to house or support telecommunications towers so that the towers blend readily with the landscape, neighborhood and adjacent architectural features. Examples of camouflaging that could be used are silos and barns, windmills, and simulated trees.
CO-LOCATED ANTENNAS
Telecommunications facilities which utilize existing towers, buildings or other structures for placement of antenna(s) and which do not require construction of a new tower.
TELECOMMUNICATIONS FACILITIES
A. 
Towers and/or antennas and accessory structures used in connection with the provision of cellular telephone service, personal communications services (PCS), paging services, radio and television broadcast services and similar broadcast services.
B. 
The following types of telecommunications facilities are not subject to the provisions of this article:
(1) 
Antennas used solely for residential household television and radio reception.
(2) 
Satellite antennas measuring two meters or less in diameter and located in commercial districts and satellite antennas one meter or less in diameter, regardless of location.
TOWER
A structure designed to support antennas. It includes, without limit, freestanding towers, guyed towers, monopoles and similar structures which employ camouflage technology.
A. 
No telecommunications facility shall hereafter be used, erected, moved, reconstructed, changed or altered except in conformity with these regulations.
B. 
No existing structure shall be modified to serve as a transmission tower, communications tower, satellite dish, antenna, pole or other similar use unless in conformity with these regulations.
C. 
Where these regulations conflict with other laws and regulations of the City of Fulton, the more restrictive shall apply.
A. 
Communications towers in districts other than Residential Use District and Land Conservation Use District. New communications towers and accessory facilities/structures shall be permitted in any of the following districts upon issuance of a special use permit by the City of Fulton Planning Commission and in conformance with this chapter:
(1) 
C-1 Neighborhood Commercial District.
(2) 
C-2 Commercial District.
(3) 
C-2A Central Business District.
(4) 
M-1 Manufacturing/Industrial District.
B. 
Communications towers prohibited in certain districts. New communications towers and accessory structures are not permitted in the following districts:
(1) 
R-1 Residential District.
(2) 
R-1A Intermediate Density Residential District.
(3) 
R-2 Residential District.
(4) 
R-3 Residential District.
C. 
Location preference for higher-intensity use districts.
(1) 
It is preferred by the City of Fulton that telecommunications facilities and accessory uses be located in a higher-intensity use district or on higher-intensity use property, provided that there is a technologically feasible and available location. The preferred locations, from most favorable to least favorable district/property, are as follows:
(a) 
Property with an existing structure suitable for co-location.
(b) 
Manufacturing use districts.
(c) 
Commercial use districts.
(2) 
In any district, telecommunications facilities will be discouraged from being located in close proximity to residential land uses. The City of Fulton Planning Commission is authorized to review, evaluate and determine the appropriateness of the location of a telecommunications facility in any approved district, based upon a reasonable evaluation of its impact or effect upon the aesthetic character of the area immediately surrounding the facility site. In the event that the Planning Commission determines that the location of the telecommunications facility will irreparably damage the surrounding neighborhood or area, the Commission may choose, in its sole discretion, to request that the applicant investigate one or more alternate locations in order to avoid irreparable damage or effect upon the adjacent area. In such event, the Commission may direct the applicant to investigate facility placement in another use classification area, even if such use classification is ordinarily deemed to be a less preferred location or site for a telecommunications facility.
D. 
Co-located antennas.
(1) 
Telecommunications facilities comprised of, or co-located antennas utilizing, existing buildings or structures other than towers shall be permitted in any district upon the Planning Commission granting a special use permit and in accordance with the standards set forth in this chapter.
(2) 
Co-located antennas on existing towers shall be permitted in any district upon the granting of a special use permit by the Planning Commission, in accordance with the standards set forth in this chapter.
E. 
Public hearings. All applicants for telecommunications facilities submitted to the Planning Commission shall be considered at public-noticed hearings.