Duluth UDC § 342.07

The requirements set forth in this Code Section shall govern the location and construction of all wireless facilities and support structures governed by this Code. a. Building Codes and Safety Standards. To ensure the structural integrity of wireless facilities and support structures, the owner of such a facility and structure shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such wireless facilities and support structures are published by the FCC as amended from time to time. The owner shall also conduct periodic inspections of such facilities at least once every three years to ensure structural integrity. Inspections shall be conducted by a Georgia licensed structural engineer. The results of such inspection shall be provided to the Planning and Development Director. b. Regulatory Compliance. All wireless facilities and support structures 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 wireless facilities and structures. If such standards and regulations are changed then the owners of the facilities and structures governed by this Code Section shall bring such communications facilities and structures into compliance with such revised standards and regulations within the date established by the agency promulgating the standards or regulations. c. Security. All wireless support structures shall be enclosed by decay-resistant security fencing not less than 6 feet in height and shall be equipped with an appropriate anti-climbing device. This requirement may be 115 | P a g e Article Three. Restrictions on Particular Uses waived by the Planning and Development Director if it is deemed that this would produce negative visual clutter or obstruct a view corridor. d. Lighting. No illumination is permitted on wireless facilities or support structures unless part of an approved public lighting program or required by the FCC, FAA or other state or federal agency of competent jurisdiction in which case the Planning and Development Director may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views. e. Advertising. No advertising is permitted on wireless facilities or support structures. f. Visual Impact. 1. Site location and development shall preserve the pre-existing 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 (i.e. camouflaging through integration with structures or appearance such as artificial trees, etc.). 2. 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. 3. 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 facilities to the natural setting and built environment (i.e. artificial tree appearance, steeples, decorative fencing, etc.). 4. Towers 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, so as to reduce visual obtrusiveness. 5. If an antenna is installed on a structure other than a tower and is generally visible to the public, the antenna and supporting electrical and mechanical equipment must 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. Roof mounted antennas shall be made visually unobtrusive by screening to match existing air conditioning units, stairs, elevator towers or other background. 6. Antennas mounted on architecturally significant structures or significant architectural details of the building shall be covered by appropriate casings that are manufactured to match existing architectural features found on the building. 7. Where feasible, antennas can be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging. 8. Towers or roof mounted antennas shall not be placed in direct line with significant view corridors, as designated by the City of Duluth or by any state or federal law or agency. For purposes of this Code Section a significant view corridor shall be defined as an area to be kept free of obstructions or structures that interfere with the view of any scenic area, historic building or area. A view corridor shall be established by ordinance of the City of Duluth by zoning restrictions adopted in accordance with the ordinances of the City of Duluth, or by any state or federal law or agency in accordance with provisions of federal laws or duly adopted regulations. Illustrative example of wireless tower camouflaged as a tree 116 | P a g e Article Three. Restrictions on Particular Uses 9. Any equipment shelter or cabinet must be concealed from public view or made compatible with the architecture of the surrounding structures or placed underground. Equipment compounds shall be screened from public view and may use landscaping or materials and colors consistent with the surrounding structures. The shelter or cabinet must be regularly maintained. g. Landscaping. 1. Landscaping shall be used to effectively screen the view of the equipment compound 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. 3. The Planning and Development Director may waive or modify the landscaping requirement where lesser requirements are desirable for adequate visibility for security purposes or for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries and tree farms. 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 by the Planning and Development Director. h. Lot Size and Setbacks. The site shall be of a size and shape sufficient to provide an adequate setback from the base of the tower to any property line abutting a residential district, public property, or public street. Such setback shall be sufficient to: 1. Provide for an adequate vegetative, topographic or other buffer as required. 2. Preserve the privacy of surrounding residential property. 3. Protect adjoining property from the potential impact of tower failure by being large enough to accommodate such failure on the site, based on the required engineer’s analysis. 4. When a tower is adjacent to a residential use, it must be set back from the nearest residential lot line a distance at least equal to its total height. 5. Towers greater than 70 feet in height shall not be located any closer than 1,500 feet from an existing tower unless technologically required or visually preferable as determined by the City Council through a Special Use approval request. 6. Setbacks for towers 70 feet and less shall not be closer to a residential structure than the height of the tower or closer to a residential property line than 40 feet.