Baroda City Zoning Code
ARTICLE VII
Communication Towers
§ 34-359 Purpose.
[Ord. No. 146, 3-5-2007]
The purpose of this article is to provide a procedure for the application, siting, regulation, construction and operation of towers, structures and related facilities that utilize the radio frequency spectrum for the purpose of transmitting, re-broadcasting or receiving radio signals.
§ 34-360 Definitions.
[Ord. No. 146, 3-5-2007]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
COLLOCATION
The location of two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, in an effort to reduce the overall number of structures required to support wireless communication antennas within the community.
FEASIBILITY OF COLLOCATION
Collocation shall be deemed to be feasible for purposes of this section where all of the following are met:
(a)
The wireless communication provider entity under consideration for colocation will undertake to pay market rent or other market compensation for colocation.
(b)
The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.
(c)
The collocation being considered is technologically reasonable (e.g.; the collocation will not result in unreasonable interference), given appropriate physical and other adjustments in relation to the structure, antennas, and the like.
(d)
The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the Village, taking into consideration the several standards contained in § 34-364.
TELECOMMUNICATIONS TOWER
Includes all structures and accessory facilities relating to the use of radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay facilities, telephone transmission equipment buildings and private and commercial mobile radio facilities. The term "telecommunications tower" does not include citizen band radio facilities; short wave receiving facilities; radio and television broadcast reception facilities; federally licensed amateur (ham) radio facilities; satellite dishes, and governmental facilities which are subject to state or federal law or regulations which pre-empt municipal regulatory authority.
§ 34-361 Special land use permit required; application to construct tower.
[Ord. No. 146, 3-5-2007]
(a)
Special land use permit requirements under this article are as follows:
(1)
Permit required. No telecommunication tower shall be erected in the Village without first having acquired a permit as described in this article.
(2)
Application. An application shall be submitted by the owner of record with the application fee as required by Council resolution. Such application shall be submitted to the Village Clerk, or Council designee, who shall then review the application for completeness, pursuant to the conditions contained herein.
(3)
Contents. In addition to the information required on the application form, an application submitted under this article shall include:
a.
A statement describing the efforts by the applicant utilized to the feasibility of collocation. If collocation is unavailable or not practical the applicant shall provide a statement which identifies the facts, characteristics and/or circumstances which render collocation unavailable or technically not practical for the coverage area and capacity needs. Any such documentation must be verified by a certified state professional engineer.
b.
A site plan prepared in accordance with proper ordinances shall so identify the zoning districts of all property within two miles of the proposed site.
c.
An engineering drawing of the tower design signed by a certified state structural or professional engineer verifying that the tower design meets all wind load and soil load bearing requirements for the intended site.
d.
A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure longterm, continuous maintenance to a reasonably prudent standard.
e.
The name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated by the applicant during all times the facility is on the premises.
f.
A list of all property owners within a one-half mile radius of the proposed site.
g.
A map showing the locations, name and address of the owner and/or operators of any other telecommunication tower within the Village and any other tower within a five-mile radius of the proposed site, identifying any other collocation utilized on each tower.
h.
An application fee in the amount established for special use permits along with a sufficient deposit to cover any mailing and publication costs required for the public hearing.
§ 34-362 Public hearing requirements.
[Ord. No. 146, 3-5-2007]
Providing all the requirements of § 34-361 have been satisfied, the Village Council shall schedule a public hearing to be held no sooner than 28 days after the board meeting at which the public hearing was scheduled. All property owners within a half-mile radius of the proposed site shall be notified by first class mail of the public hearing.
§ 34-363 Standards for approval of special land use permit to construct tower.
[Ord. No. 146, 3-5-2007]
(a)
The following site and developmental requirements shall apply:
(1)
The proposed site must meet all front, side and rear yard setback minimum road frontage requirements that may be established.
(2)
The use of guy wires is strictly prohibited. All towers shall be self-supporting.
(3)
The base of the tower shall be fenced with a six-foot high fence. Said fence shall be constructed in conformance with the Village fence ordinance set forth in Article IV of Chapter 8.
(4)
Telecommunication towers shall only be located in industrial districts.
(5)
Any such site which is approved shall maintain a separate access road or driveway. No other use shall be served by said driveway or road.
§ 34-364 Special performance standards.
[Ord. No. 146, 3-5-2007]
(a)
Enumerated.
(1)
The tower must be set back from all property lines a distance equal to its height, unless engineering plans and specifications have been verified by the Village engineer that the structural integrity of the tower will withstand high winds and impacts, and the likelihood of a tower failure is minimal. The applicant shall bear all costs associated with the Village engineering review.
(2)
Accessory structures are limited to uses associated with the operation of the tower and may not be located any closer to any property line than 30 feet.
(3)
Accessory structures shall not exceed 600 square feet of gross building area.
(4)
All buffer yard requirements within this chapter shall be otherwise satisfied.
(5)
The division of property for the purpose of locating a wireless communication facility is prohibited unless all requirements and conditions of this chapter are met.
(6)
The tower construction plans shall be certified by a registered structural engineer licensed in the state.
(7)
The applicant shall provide verification that the antenna mount and structure have been reviewed and approved by a professional engineer and that the installation is in compliance with all applicable codes.
(8)
All towers must meet the standards of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC).
(9)
Communication towers in excess of 100 feet in height above grade level shall be prohibited within a two-mile radius of a heliport.
(10)
No part of any tower or antenna shall be constructed, located or maintained at any time, permanently or temporarily, on or upon any required setback area for the district in which the antenna or tower is to be located. In no case shall a tower or antenna be located within 30 feet of a property line. The applicant may apply to the Zoning Board of Appeals for a setback variance.
(11)
Metal towers shall be constructed of, or treated with, corrosive-resistant material.
(12)
Antenna and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable local statutes, regulations and standards.
(13)
Towers and antenna shall be designed to withstand a uniform wind loading as prescribed in the state construction code.
(14)
All signals and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.
(15)
Towers shall be located and designed so they do not interfere with telephone, radio and television reception in nearby residential areas.
(16)
Towers shall be located so as to allow maintenance vehicles to maneuver on the property.
(17)
The base of the tower shall occupy no more than 500 square feet.
(18)
Minimum spacing between communication tower locations shall be two miles to prevent a concentration of towers in the Village.
(19)
The height of the tower shall not exceed 300 feet from grade.
(20)
Towers shall be artificially lighted only to the extent required by the FAA, or by the Village Council, whichever is greater. Where possible, considering all site restrictions, any such lighting shall not unduly interfere with the peace and repose of the surrounding land uses, whether or not in the same zoning district.
(21)
Existing on-site vegetation shall be preserved to the maximum extent practicable.
(22)
No advertisement or identification of any kind, except as required for emergency purposes, shall be displayed or erected on the property.
(23)
The antenna shall be painted to match the exterior treatment of the tower. The paint scheme shall minimize the off-site visibility of the antenna and tower.
(24)
Structures shall be subject to any state and federal regulations concerning nonionizing electromagnetic radiation. If more restrictive standards are adopted in the future, the antenna shall be made to conform to said regulation within 30 days or the special land use approval will be subject to revocation by the Village Council. All costs for testing and verification of compliance shall be borne by the operator of the antenna.
(25)
There shall be no employees located on the site. Occasional or temporary repair service activities are excluded from this restriction.
(26)
Where the property adjoins residentially zoned property or land use, the developer shall plant two alternating rows of evergreen trees having a minimum height at time of planting of five feet on ten foot centers along the entire perimeter of the tower and related structures. In no case shall the evergreens be any closer than 20 feet to any structure. These trees shall be maintained by the applicant, and dead trees shall be replaced during the following planting season. Any necessary replacements shall also be a minimum height of five feet at the time of replacement. These trees shall be maintained by the applicant perpetually, and dead trees shall be replaced during the following planting season.
(27)
All new and modified wireless communication facilities shall be designed and constructed so as to accommodate collocation.
(28)
The site and tower shall be maintained in compliance with all applicable laws, codes and ordinances. The Village may require landscaping or other improvements to the site so as to minimize the aesthetic, or other damage the tower causes to the surrounding properties.
(b)
Land division. Subject to the Village land division ordinance set forth in Article II of Chapter 16, the division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements are met.
§ 34-365 Abandonment and enforcement.
[Ord. No. 146, 3-5-2007]
(a)
Abandonment. A telecommunication tower that is no longer used for its intended purpose is deemed abandoned. The tower shall be removed by the property owner within six months of being abandoned. If the owner fails to do so within six months of abandonment, the special use shall be considered revoked. The Village may, at its sole discretion, enter the property and cause the demolition of the tower, antenna, and any necessary structure if an abandoned tower is not removed within six months. Prior to demolition, the Village shall provide written notice of demolition via first class mail to the applicant not less than 30 days prior to demolition. All costs, including attorney fees, associated with demolition shall be placed on the tax bill of the property as a special assessment.
(b)
Enforcement. Any person who violates any provision of this article shall be responsible for a municipal civil infraction. Nothing in this article shall be construed to preclude the township from seeking injunctive relief or any other relief as may be permitted by law or equity to cure, preclude or abate a violation of this article.