Paulding County › Unified Development Ordinance
Title 5 — Telecommunications, Chapter 610 — Telecommunication Towers and
§ 610-10
Purposes
610-10.01 This ordinance is designed and intended to balance the interests of the residents
of Paulding County, telecommunications providers, and telecommunications customers in the siting of telecommunications facilities within unincorporated Paulding County so as to protect the health, safety, and integrity of residential neighborhoods, and to 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. This ordinance shall not prohibit or have the effect of prohibiting the provision of personal wireless services. This ordinance is intended to promote Paulding County as a proactive county in the availability of personal wireless telecommunications service. To that end, this ordinance shall:
A.Provide for the appropriate location and development of telecommunications facilities within unincorporated Paulding County;
B.Protect Paulding County's built and natural environment by promoting compatible design standards for telecommunications facilities;
C.Minimize adverse visual impacts of telecommunications facilities through careful design, siting, landscape screening and innovative camouflaging techniques;
D.Avoid potential damage to adjacent properties from tower or antenna failure through engineering and careful siting of telecommunications tower structures and antennas;
E.Maximum use of any new and existing telecommunications towers through collocation so as to minimize the need to construct new towers and minimize the total number of towers throughout the county;
F.Maximum and encourage use of alternate telecommunication tower structures as a primary option rather than construction of additional single-use towers;
and
G.Encourage and promote the location of new telecommunications activities in areas which are not zoned for residential use.
§ 610-20
Definitions
610-20.01 As used in this ordinance, the following terms shall have the meanings indicated:
Alternative Tower Structure: Manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Antenna: Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.
FAA: The Federal Aviation Administration.
FCC: The Federal Communications Commission.
Governing Authority: The Board of Commissioners of Paulding County.
Preexisting Towers And Antennas: The meaning set forth in Section XX article III, section A(4), of this ordinance.
Height: When referring to a tower or other structure, the distance measured from ground level at the base of the structure to the highest point on the tower or other structure, even if said highest point is an antenna.
Tower: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.
§ 610-30
Applicability; Standards; Application Procedure
610-30.01 Applicability.
A.District height limitations. The requirements set forth in this ordinance shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.
B.Public property. Antennas or towers located on property owned, leased, or otherwise controlled by the governing authority shall be exempt from the requirements of this ordinance, provided a license or lease authorizing such antenna or tower has been approved by the governing authority.
C.Amateur radio, receive-only antennas. This ordinance shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
D.Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this ordinance shall not be required to meet the requirements of this ordinance, other than the requirements of article III, section B(4) and (5). Any such towers or antennas shall be referred to in this ordinance as "preexisting towers" or "preexisting antennas."
610-30.02 Standards Applicable to All Towers And Antennas.
No tower or antenna shall be located in Paulding County except as set forth in this ordinance. The following standards shall apply to all towers and antennas, unless the governing authority reduces the standards if the goals of this ordinance would be better served thereby:
A.Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots.
Towers that are constructed and antennas that are installed in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure.
B.Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Community Development Department an inventory of its existing towers that are either within the geographic area of Paulding County or within one-half mile of the border thereof, including specific information about the location, height, and design of each tower (pursuant to section C of this article). The Community Development Department may share such information with other applicants applying for administrative approvals or special use permits under this ordinance or other organizations seeking to locate antennas within this the jurisdiction of the governing authority, provided, however, that the Community Development Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
C.Aesthetics; Lighting. The guidelines set forth in this paragraph shall govern the locations of all towers, and the installation of all antennas, governed by this ordinance; provided, however, that the governing authority may waive these requirements if it determines that the goals of this ordinance are better served thereby. The determination whether a proposed tower or antenna meets these requirements shall be within the discretion of the Paulding County Board of Commissioners. This list is not an exclusive list of the aesthetic issues the governing authority may consider; these are merely guidelines. The governing authority may consider any factor that serves the goals and purposes of this ordinance.
1.Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.
2.At a tower site, the design of the buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.
3.If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be 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.
4.Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
5.In designing a tower facility, the aesthetics of the tower shall be considered and the least visually obtrusive design shall be implemented.
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D.Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency.
Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. Any such removal by the governing authority shall be in the manner provided in O.C.G.A. §§ 41-2-8—41-2-17.
E.Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 30 days, the governing authority may remove such tower at the owner's expense. Any such removal by the governing authority shall be in the manner provided in O.C.G.A. §§ 41-2-8—41-2-17.
F.Location And Development. Site location and development shall preserve the preexisting character of the surrounding buildings and land uses and the zoning district as much as possible. Personal wireless telecommunication towers shall be integrated through location and design to blend in with existing characteristics of the site to the extent practical.
G.Vegetation And Topography. 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.
H.Design Of Related Structures. 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.
I.Number Of Towers Per Lot. Placement of more than one tower on a lot shall be permitted, provided all setback, design, and landscape requirements are met as to each tower. Structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not lead to multiple failures in the event that one fails.
J.Maximum Height. The maximum height for all tower facilities in the county, unless otherwise exempt from these standards as set forth in article III herein, located within all agricultural, residential and commercial zoning categories shall be 195 feet. The maximum height for all tower facilities in the county, Title 5: Chapter 610 unless exempt from these standards as set forth in article III herein, located within all industrial zoning categories shall be 250 feet.
K.Setback for Towers. Towers must be set back a distance equal to the height of the tower from any residential property line and all public rights-of-way, plus 100 feet.
L.Setback for Accessory Facilities; Towers in Yards. Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements for front, side, and rear yards. In no case shall a tower be located in the required front yard, back yard, or side yard in a residential district.
M.Historic and Scenic Views; Visual Clutter. Towers shall not be sited where they will negatively affect historic or scenic view corridors as designated by the governing authority or any state or federal law or agency or where they will create visual clutter.
N.Fencing. Towers shall be enclosed by decay-resistant security fencing installed along the perimeter of the compound not less than six feet in height and shall be equipped with an appropriate anticlimbing device or other similar protective device designed to prevent tower access.
O.Landscaping. The following requirements shall govern the landscaping surrounding towers:
1.Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound from adjacent properties.
The standard buffer shall consist of a landscaped strip at least ten feet wide outside the required fence.
2.In locations where the visual impact of the tower would be minimal, as determined by the Community Development Department, the landscaping requirement may be reduced or waived altogether.
3.Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may provide an adequate buffer at the discretion of the Community Development Department.
P.Design for Multiple Users. Any tower proposed at a height greater than 100 feet, up to 120 feet, shall be designed and intended to accommodate at least three users. Furthermore, for every additional 20 feet of height, said tower shall be designed to accommodate an additional user.
610-30.03 Application procedures for all towers and antennas.
The following must be provided when applying for a permit for a telecommunications facility:
A.Site plan, prepared and sealed by an appropriate licensing professional, to scale specifying the location of the telecommunications facilities, height of facilities, setbacks, transmission building and/or other accessory uses, access, parking, fences, landscape plan, and adjacent land uses.
B.A full description of the environment surrounding the proposed telecommunications facility, including any adjacent residential structures and districts, structures and sites of historic significance, or scenic view corridors as well as a phase I environmental study of the site completed by a qualified, independent engineer licensed in the State of Georgia.
C.A description of anticipated maintenance needs for the telecommunications facility, including frequency of service, personnel needs, equipment needs, and traffic, noise, or safety impacts of such maintenance.
D.Report from a qualified, independent engineer licensed in the State of Georgia, documenting the following:
1.Telecommunications facility height and design, 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 antennas 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 should a failure occur.
E.A definition of the area of service to be served by the antenna or tower and whether such antenna or tower is needed for coverage or capacity, including, but not limited to, radio frequency (RF) propagation studies at heights requested at the discretion of the Community Development Department.
F.Information showing the proposed facility would provide the needed coverage or capacity, and that they cannot provide personal wireless communication service without the use of the proposed tower or antenna.
G.The identity of a community liaison officer appointed by the applicant to resolve issues of concern to neighbors and residents relating to the construction and operation of the facility. Include name, address, telephone number, facsimile number, and electronic mail address and page number, if applicable.
H.Identification of the geographic service area for the subject installation, including:
1.A map showing the site and the nearest or associated telecommunications facility sites within the applicant's network located within a five-mile radius of the site as well as other approved sites or telecommunications facilities located within a five-mile radius of the site outside the applicant's network;
Title 5: Chapter 610
2.A description and scaled map of the distance between existing or proposed telecommunications facility sites; and
3.A description of how this service area fits into and is necessary for the service network.
I.Provide information to justify why collocation on an existing tower or on multiple towers covering the area is not being proposed and demonstrate same with scaled maps and other data requested at the discretion of the Community Development Department.
J.If the proposed site is zoned residential, applicants must justify why alternative nonresidential sites have not been proposed.
K.Each applicant shall include a five-year facilities plan and site inventory including the following:
1.A list of all existing, to be upgraded or replaced, and proposed telecommunications facility sites within Paulding County and a map showing these sites. The list must include
(a)Street address, land lot, section, district, and parcel number;
(b)Zoning district;
(c)Type of building and number of stories;
(d)The number of antennas and base transceiver stations per site and the location and type of antenna installation (stand-alone, rooftop, building facade, etc.), and location of the base transceiver station installations(s);
(e)The height from ground to the top of the antenna installation; and
(f)The radio frequency range in megahertz, the wattage output of the equipment and the effective radiated power.
2.Furthermore, after a tower structure has been approved, the applicant must submit a permit renewal application, which reports the status on the use of said tower, annually to the Community Development Department for administrative approval.
3.If the applicant does not know specific future tower and antenna site locations but does know of areas where telecommunications facilities will be needed within the next five years to provide service, the applicant shall list the landlots contained within the anticipated geographic service area and identify each geographic service area with a number that will correspond to the future telecommunication facility site.
L.If requested by the Community Development Department, photo simulations depicting the design and type of tower proposed.
Title 5: Chapter 610
M.All signed leases, option agreements or signed collocation agreements between the applicant and carriers with valid FCC licenses to provide wireless services to locate antennas on the site.
N.The applicant shall provide any other information requested by the Community Development Department in order to fully evaluate the potential impact of the proposed facility.
§ 610-40
Permitted Uses
610-40.01 General.
The uses listed in this section are deemed to be permitted uses and shall not require administrative review or a special use permit. Nevertheless, all uses shall comply with article III of this ordinance and all other applicable ordinances.
610-40.02 Specific permitted uses.
The following uses are specifically permitted:
A.In commercial zoning districts (B-1, PSC, B-2, or ECR), locating a tower up to a height of 50 feet (80 feet is designed and intended to accommodate at least two users), or an antenna, including the placement of additional buildings or other supporting equipment used in connection with the tower or antenna shall be allowed as a use by right; provided, however, that such tower shall be set back from any existing residential property line and/or public right-of-way a distance equal to the height of the tower plus 100 feet.
B.In industrial zoning districts (ECBP, B2CL, AML, I-1 or I-2), locating a tower up to a height of 80 feet (or 100 feet if designed and intended to accommodate at least two users), or an antenna, including the placement of additional buildings or other supporting equipment used in connection with the tower or antenna, shall be allowed as a use by right, provided, however, that such tower shall be set back from any existing residential property line and/or public right-of-way a distance equal to the height of the tower [plus] 100 feet.
C.Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) so long as said additional antenna adds no more than 20 feet to the height of said existing structure. For antennas attached to the roof or a supporting structure on a rooftop, a 1:1 setback ratio (example: ten-foot high antenna and supporting structures requires a ten-foot setback from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact.
D.All specified permitted uses must meet minimum landscape requirements as set forth in Section 610-30.02.O, herein.
§ 610-50
Administrative Approvals
610-50.01 General.
The Community Development Department may administratively approve the uses listed in this article. Each applicant for administrative approval shall apply to the Community Development Department, providing the information set forth in article III of this ordinance. The applicant shall provide to the Community Development Department all information and supplementary materials that the department requests in consideration of the requested administrative approval. If an administrative approval is denied by the director of community development, the applicant may appeal said denial to the Board of Commissioners of Paulding County to be heard by the Paulding County Board of Commissioners at a properly advertised public meeting, after the appeal of the application for an administrative approval has been advertised, considered and a recommendation on the appeal of the application for an administrative approval has been issued by the Paulding County Planning Commission for the Board of Commissioner's review.
610-50.02 Specific Administratively Approved Uses.
The following may be approved by the Community Development Department after conducting an administrative review:
A.Installing an antenna on an existing tower of any height, including a preexisting tower, so long as the addition or extension of said antenna adds no more than 20 feet to the height of said existing tower and does not make the tower structure or facility taller than the height restrictions for tower facilities set forth herein in Section 610-30.02.B, and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, provided the requirements and intent of this ordinance are met.
B.In commercial zoning districts (B-1, PSC, B-2, or ECR), locating a tower up to a height of 100 feet if designed and intended to accommodate at least two users, or an antenna, including the placement of additional buildings or other supporting equipment used in connection with the tower or antenna, provided, however, that such tower shall be set back from any existing residential property line and/or public right-of-way a distance equal to the height of the tower plus 100 feet, and provided that the requirements and intent of this ordinance are met.
C.In industrial zoning districts (ECBP, B2CL, AML, I-1 or I-2), locating a tower up to a height of 150 feet if designed and intended to accommodate at least two users, or an antenna, including the placement of additional buildings or other supporting equipment used in connection with the tower or antenna, provided, however, that such tower shall be set back from any existing residential property line and/or public right-of-way a distance equal to the height of the tower plus 100 feet, and provided that the requirements and intent of this ordinance are met.
D.In commercial and industrial zoning districts (B-1, PSC, B-2, ECR, ECBP, B2CL, AML, I-1 or I-2), locating an alternative design tower with antenna pursuant to the requirements set forth in this subsection below, including, but not limited to, structures such as manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures, that camouflage or conceal the presence of antennas and tower facilities. The following requirements shall apply to tower facilities, structures or antennas approved pursuant to this subsection:
1.The maximum height for an alternative structure, facility and/or antenna shall not exceed 65 feet, including antenna; and
2.The setbacks for said alternative design tower facility, structure and/or antenna shall be determined by the underlying zoning category of the subject tract in accordance with the zoning ordinance of Paulding County; and
3.All associated equipment for the tower facility, structure and/or antenna shall be vaulted and landscaped to shield the equipment from the view of the public; and
4.The structure, including the tower facility and antenna, shall blend with the surrounding environment and is subject to the review of the Community Development Director in accordance with the intent of this ordinance.
§ 610-60
Special Use Permits; Availability of Existing Towers or
Structures.
610-60.01 Special Use Permits.
A.General. The following provisions shall govern the issuance of special use permits:
1.If the tower or antenna is not a permitted use and pursuant to Section 610-40 of this Chapter or permitted to be approved administratively pursuant to Section 610-50 of this ordinance, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
2.In granting a special use permit, the governing authority may impose conditions to the extent the governing authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
3.Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer licensed in the State of Georgia.
B.Information required. Each applicant requesting a special use permit under this ordinance shall comply with the requirements of article III and other applicable provisions of this ordinance. In addition to the requirements of article III, the site plan shall also include:
1.A scaled elevation view; and
2.Supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, and other information deemed by the governing authority to be necessary to assess compliance with this ordinance.
C.Factors considered in granting special use permits. The governing authority shall consider the following factors in determining whether to issue a special use permit, although the governing authority may waive, reduce, or increase the burden on the applicant of one or more of these criteria if the governing authority concludes that the goals of this ordinance are better served thereby:
1.Height of the proposed tower;
2.Proximity of the tower to residential structures and residential district boundaries;
3.Nature of uses on adjacent and nearby properties;
4.Surrounding topography;
5.Surrounding tree coverage and foliage;
6.Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
7.Proposed ingress and egress;
8.Availability of suitable existing towers, other structures, and alternative sites as discussed in article III of this ordinance; and
9.Any other factors, limitations, or standards listed in Section 610-30 of this ordinance.
610-60.02 Availability Of Suitable Existing Towers or Other Structures.
No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure or multiple towers or structures can accommodate the applicant's proposed antenna may consist of any of the following:
A.No existing towers or structures are located or approved within the geographic area required to meet applicant's engineering requirements.
B.Existing towers or structures are not of sufficient height to meeting applicant's engineering requirements.
C.Existing towers or structures, or a combination of 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 applicant demonstrates that there are other limiting factors, excluding solely economic feasibility as the determining factor, that render existing towers and structures unsuitable.
§ 610-70
Removal
610-70.01 Removal of Abandoned Antennas And Towers.
A.Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the governing authority notifying the owner of such abandonment.
B.If such antenna or tower is not removed within said 90 days, the governing authority may, in the manner provided in O.C.G.A. §§ 4-1-28—41-2-17, remove such antenna or tower at the owner's expense.
C.If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
D.Failure to begin construction on a tower facility within 18 months of receipt of approval of a special use permit or administrative approval will result in the special use permit or administrative approval being deemed abandoned by the applicant and the approval will be voided. The initial twelve-month period for commencement of construction may be extended one time for a period of six months duration at the discretion of the director of the Community Development Department, or, if the administrative extension is denied, through an affirmative vote of the Board of Commissioners.
§ 610-80
Decisions
610-80.01 Written Decisions.
A.Any decisions by the Community Development Department denying a request to place, construct, or modify a telecommunications facility shall be in writing and supported by substantial evidence in a written record.
B.Any decision by the Board of Commissioners denying or approving a request to place, construct, or modify a telecommunications facility shall be in writing and supported by substantial evidence in a written record.
1.At any time after a hearing on a special use permit application under Section 610-60 of this ordinance, the Board of Commissioners may instruct the Community Development Department, in consultation with legal counsel, to determine whether substantial evidence contained in a written record exists to support either approval or denial of the special use permit application. Having voted to so instruct the Community Development Department, the Board of Commissioners shall postpone its decision on the application until the specified date of a future regularly scheduled meeting of the Board of Commissioners.
2.In the intervening time between an instruction from the Board of Commissioners under Section 610-80.01.B.1, the Community Development Department shall compile any additional evidence regarding the application for special use permit that the Community Development Department deems necessary to constitute the substantial evidence contained in a written record necessary to support either approval or denial of the special use permit application.
3.Ten days before the meeting of the Board of Commissioners on the date specified in Section 610-80.01.B.1, the Community Development Department shall present any additional evidence compiled under Section 610-80.01.B.1 for the Board of Commissioners' consideration, and shall make such evidence available to the applicant. At the meeting of the Board of Commissioners on the date specified in Section 610-80.01.B.1, the board shall render its decision to approve or deny the special use permit application. At this meeting there will be no additional public comment or applicant presentation regarding the special use permit application, provided, however, that any affected party, including the applicant, may present additional written materials to the board.
§ 610-90
Penalties
610-90.01 Any person who erects or attempts to erect a telecommunications facility covered
by this ordinance without having first obtained the necessary building permit, use by right, special use permit, or variance in the manner provided in this ordinance [shall be deemed in violation of this ordinance].
610-90.02 If any structure is erected, constructed, reconstructed, altered, repaired,
converted, or maintained in violation of this ordinance or without obtaining required permits, or if any building, structure or land is used in violation of this ordinance, the county, in addition to any other remedies, may institute proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violations.