[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:
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.
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.
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.
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.
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.
The following types of telecommunications facilities are not
subject to the provisions of this article:
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:
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:
(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.
