Zoneomics Logo
search icon

Calumet City Zoning Code

SMALL CELL

WIRELESS FACILITIES

§ 153.180 INTENT; PURPOSE.

   (A)   Increase investment in wireless networks that will benefit the citizens of the state by providing better access to emergency services, advanced technology and information.
   (B)   Increase investment in wireless networks that will enhance the competitiveness of the region in the global economy.
   (C)   Encourage the deployment of advanced wireless services by streamlining the process for the permitting, construction, modification, maintenance and operation of wireless facilities in the public rights-of-way.
   (D)   Allow wireless services providers and wireless infrastructure providers access to the public rights-of-way.
(Ord. 160, passed 4-21-2022)

§ 153.181 GENERAL PROVISIONS.

   The colocation of a small cell wireless facility and associated support structure within a public right-of-way (“ROW”) is not subject to zoning reviews or approvals under this subchapter to the extent they are exempt from such reviews under the Small Wireless Communications Facilities Deployment Act (Pub. Act 365 of 2018), as amended (“Act 365”).
   (A)   Colocation of a small cell wireless facility or installation of an associated support structure shall require that the wireless provider apply for and obtain a permit from the village consistent with this chapter and Act 365.
   (B)   No wireless providers shall attach, alter or modify a village-owned pole or wireless support structure without entering into a license agreement with the village.
   (C)   Small cell wireless facilities and associated support structures non-exempt from zoning reviews are only permitted in accordance with the provisions of this subchapter and Act 365, and upon application for and receipt from the village of a permit consistent with the this subchapter and Act 365.
   (D)   The approval of a small cell wireless facility authorizes the colocation of a small cell wireless facility but does not authorize the installation, placement, modification or operation of a wireline in the ROW.
(Ord. 160, passed 4-21-2022)

§ 153.182 EXEMPT SMALL CELL WIRELESS FACILITIES.

   Small cell wireless facility siting is a permitted use in the ROW in all zoning districts and not subject to zoning regulation if it complies with the following requirements.
   (A)   The small cell wireless facility will be colocated on an existing utility pole, wireless communications support structure or wireless communication equipment.
   (B)   The proposed colocation shall comply with the following.
      (1)   Not exceed 40 feet or increase the overall height of the wireless communication support structure by more than five feet above a utility pole or wireless support structure on which the small cell wireless facility is colocated.
      (2)   A wireless provider shall comply with design and/or concealment requirements in a commercial zoning district so that the equipment and small cell wireless facility is compatible with the character of its surroundings.
      (3)   The size is not to exceed the definition of small cell wireless facility as an enclosure of six cubic feet and associated equipment cumulatively is no more than 25 cubic feet in volume, per Act 365.
      (4)   Enclosure must contain all parts of the equipment and parts of the small cell wireless facility must be a neutral and uniform color, and made of a material that does not conflict with the aesthetics of its surroundings
      (5)   A colocation in a public ROW shall not inhibit other utility installations.
      (6)   Small cell wireless facilities shall not be permitted on any building that is on the National Register of Historic Places pursuant of 47 C.F.R § 1.1307(a)(4).
(Ord. 160, passed 4-21-2022)

§ 153.183 NON-EXEMPT SMALL CELL WIRELESS FACILITIES; SITE PLAN REVIEW PROCESS.

   Small cell wireless facilities that do not qualify as an exempt small cell wireless facility a defined in this subchapter shall be subject to site plan review as prescribed in this chapter and Act 365.
(Ord. 160, passed 4-21-2022)

§ 153.184 WIRELESS COMMUNICATION EQUIPMENT.

   (A)   (1)   Wireless communication equipment (but not a wireless communication support structure) is permitted use and allowed in all zoning districts.
      (2)   Wireless communication equipment does not have to be related to the principal use of the site.
   (B)   Wireless communications equipment is not subject to zoning review and approval if all the following requirements are met pursuant of Act 365.
      (1)   The wireless communications equipment will be colocated on an existing wireless communications support structure or in an existing equipment compound.
      (2)   The existing wireless communications support structure or existing equipment compound is in compliance with this subchapter or was approved by the appropriate zoning body or official for the village.
      (3)   The proposed colocation shall be subject to the site plan review process as prescribed in §§ 153.205 through 153.212 and this section if it meets one of the following standards:
         (a)   Increase the overall height of the wireless communications support structure by more than 20 feet or 10% of its original height, whichever is greater.
         (b)   Increase the width of the wireless communications support structure by more than the minimum necessary to permit colocation.
         (c)   Increase the area of the existing equipment compound to greater than 2,500 square feet.
      (4)   The proposed colocation complies with the terms and conditions of any previous final approval of the wireless communications support structure or equipment compound by the appropriate zoning body or official of the village.
      (5)   Notwithstanding the foregoing, wireless communications equipment otherwise exempt must still comply with all other applicable codes, standards and ordinances, including a requirement that the County Building Department determines that the colocation will not adversely impact the structure to which it is attached.
      (6)   Any equipment placed in a residential district shall not be erected at a height that requires lighting.
      (G)   Wireless communications equipment that is not attached to an existing structure or becomes unattached due to abandonment, removal or relocation of an existing structure (thus requiring the installation of a new wireless communications support structure) is subject to site plan review consistent with this subchapter.
(Ord. 160, passed 4-21-2022)

§ 153.185 DESIGN.

   Small cell wireless facilities requiring the installation of a new pole or wireless support structure shall comply with the following design and concealment standard.
   (A)   New poles and/or wireless support structures in the Civic and Commercial Historic Overlay District shall first acquire a certificate of appropriateness from the Historic District Commission before seeking village approval.
   (B)   If possible, poles and wireless support structures shall be designed to accommodate small cell wireless facilities for multiple wireless services providers.
   (C)   (1)   Poles shall be located a minimum of 15 feet from any tree, measured to the tree-trunk center.
      (2)   Additionally, 80% of the protected root zone shall remain undisturbed. This minimum separation shall not apply for a new pole that replaces an existing pole, where the new pole is installed in the same place as, or immediate vicinity of, the existing pole.
   (D)   Poles shall be designed pursuant to village standards or the applicable utility’s standard, and function as street light poles, utility poles or traffic signal poles in consultation with the village or the applicable utility and shall be incorporated into the applicable utility or signaling system.
   (E)   Poles shall comply with the following height regulations.
      (1)   In residential districts, poles shall not exceed 33 feet in height from ground level.
      (2)   In the DC District, poles shall not exceed 10% of an adjacent building’s height, or exceed 40 feet in height from ground level, whichever is less.
      (3)   In all other districts, poles shall not exceed 40 feet in height from ground level.
   (F)   (1)   Poles shall be designed and installed with materials and appearance consistent with existing poles in the adjacent public way, unless materials and appearance are prescribed by other ordinance, law or village requirements.
      (2)   Poles shall be aesthetically pleasing, consistent with the local character of the area and shall not detract from the streetscape.
   (G)   (1)   Antenna shall be installed within the pole and not visible.
      (2)   If any antenna cannot be installed within the pole and made not visible, then it shall extend vertically from the pole or be flush-mounted to the side of the pole and shall be designed to be an architecturally compatible extension of the pole.
      (3)   The diameter of the antenna shall be consistent with the diameter of the pole, not including other appurtenances or extensions from the pole, or the base to which the pole is mounted.
      (4)   The antenna shall not extend more than five feet above the top of the pole.
   (H)   To the extent practicable, all accessory cables and equipment shall be installed within the pole or placed underground as required by this section.
   (I)   (1)   New utility poles and ground mounted equipment shall be installed at least 300 feet from any existing or proposed utility pole or ground mounted equipment.
      (2)   Any wireless provider desiring to install poles less than 300 feet apart shall demonstrate to the village’s satisfaction that the wireless provider could not serve a location without the desired placement.
(Ord. 160, passed 4-21-2022)

§ 153.186 MAINTENANCE.

   (A)   All wireless providers shall repair all damage to the ROW caused by the activities of the wireless provider while occupying, constructing, installing, mounting, maintaining, modifying, operating or replacing small cell wireless facilities, utility poles or wireless support structures in the ROW and to return the ROW to its original condition.
   (B)   If the wireless provider fails to make the repairs required by the village within 60 days after written notice, the village may make those repairs and charge the wireless provider the reasonable, documented cost of the repairs.
(Ord. 160, passed 4-21-2022)

§ 153.187 PERMIT APPLICATION PROCESS.

   The applicant shall seek a ROW access permit from the village to colocate a small cell wireless facility or install, modify, or replace a utility pole on which a small cell wireless facility will be colocated as required by all ROW users. To obtain this permit, an applicant is subject to all of the following:
   (A)   An application for a permit with each of the following items:
      (1)   Name of the company and contact information;
      (2)   The applicant’s name and contact information;
      (3)   A map of georeferenced location(s) of where the company is proposing the installation(s) of a supporting structure and/or small cell wireless facility;
      (4)   Parcel identification number and property ownership for parcels located within 75 feet of the proposed facility;
      (5)   Distance from the proposed facilities and the nearest property line, roadways, rights-of-way and utilities within the rights-of-way;
      (6)   Zoning district and adjacent zoning district(s);
      (7)   Dimensions of all proposed installations and height on the utility pole or support structure where a small cell wireless facility will be mounted;
      (8)   Documentation of compliance with design and location requirements;
      (9)   An inventory of any existing and approved small cell wireless facilities, poles and wireless support structures that are within the jurisdiction of the village;
      (10)   For all new poles, replacement poles, and wireless support structures, a certification by the wireless provider and a structural analysis sealed by a licensed engineer attesting that the towers and structures will accommodate colocation of additional antennas, including the extent of such colocation space;
      (11)   For all new poles, replacement poles and wireless structures, demonstration of compliance with ANSI/TIA 222-G-2 standards;
      (12)   For all new poles, replacement poles and wireless support structures, a statement from a licensed engineer why no current existing towers or structures are adequate to provide the services planned with the wireless facility;
      (13)   Copy of all other permits related to the deployment, including any applicable METRO Act applications and permits;
      (14)   Documentation showing adequate insurance, including the village named as an additional insured;
      (15)   A performance bond meeting the requirements of this subchapter;
      (16)   Attestation that the small cell wireless facility will be operational for use by a wireless service provider within one year after the permit issuance date;
      (17)   Site/structure remediation plan for restoring the public ROW after removal of wireless facilities or equipment;
      (18)   Provide the estimated radius of service the small cell wireless facility will provide;
      (19)   Material used to enclose small cell wireless facility and associated equipment;
      (20)   Photo of installations;
      (21)   Work plans for the amount of time and type of disturbance that will be caused to the public ROW;
      (22)   Certification of compliance with Federal Communications Commission (FCC) radio frequency emission regulations;
      (23)   Detailed description of the activities the applicant needs to accomplish:
         (a)   Constructing a utility pole or support structure; and/or
         (b)   Installing a small cell wireless facility on an existing pole.
      (24)   Any additional information requested by the village.
   (B)   Within 30 days after receiving an application under this section, the village shall notify the applicant in writing whether the application is complete. If the application is incomplete, the notice shall clearly and specifically delineate all missing documents or information. The notice tolls the running of the 30-day period.
   (C)   The running of the time period tolled under division (A) above resumes when the applicant makes a supplemental submission in response to the village’s notice of incompleteness. If a supplemental submission is inadequate, the village shall notify the applicant not later than ten days after receiving the supplemental submission that the supplemental submission did not provide the information identified in the original notice delineating missing documents or information. The time period may be tolled in the case of a second or subsequent notices under the procedures identified in division (A) above. A second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
   (D)   The Planning Commission shall approve or deny the application and notify the applicant in writing within 90 days after an application for a modification of a wireless support structure or installation of a small cell wireless facility is received or 150 days after an application for a new wireless support structure is received. The time period for approval may be extended by mutual agreement between the applicant and the village. If the village fails to comply with this division (D), the application is considered to be approved subject to the condition that the applicant provides the Planning Commission not less than 15 days’ advance written notice that the applicant will be proceeding with the work pursuant to this automatic approval.
   (E)   Colocation of small cell wireless facilities shall commence within one year of permit issuance and shall be activated for use no later than one year from the permit issuance date. Failure to commence colocation within one year of permit issuance shall void said permit. A small cell wireless facility not activated within one year of permit issuance shall be considered abandoned and shall be removed from the public right-of-way at the wireless provider’s sole expense. The village and the applicant may agree to extend this period of delay if caused by lack of commercial power or communications transport facilities to the site.
(Ord. 160, passed 4-21-2022)

§ 153.188 ALTERNATIVE SITING, DECOMMISSIONING.

   (A)   Upon receiving an application to place a new utility pole, the village may propose an alternate location within the ROW or on property or structures owned or controlled by the village within 75 feet of the proposed location to either place the new utility pole or colocate on an existing structure. The applicant shall use the alternate location if, as determined by the applicant, the applicant has the right to do so on reasonable terms and conditions and the alternate location does not impose unreasonable technical limits or significant additional costs.
   (B)   Before discontinuing its use of a small cell wireless facility, utility pole or wireless support structure, a wireless provider shall notify the village in writing. The notice shall specify when and how the wireless provider intends to remove the small cell wireless facility, utility pole or wireless support structure.
   (C)   If the wireless provider does not complete the removal within 45 days after the discontinuance of use, the village may complete the removal and assess the costs of removal against the wireless provider’s performance bond. If the village incurs costs that exceed the performance bond, then the wireless provider shall reimburse the village within 30 days.
   (D)   A permit under this section for a small cell wireless facility expires upon removal of the small cell wireless facility.
(Ord. 160, passed 4-21-2022)

§ 153.189 BASIS FOR DENIAL OF A PERMIT.

   The village shall deny a completed application for a proposed colocation of a small cell wireless facility or installation, modification or replacement of a utility pole that meets the height requirements if the proposed activity would do any of the following:
   (A)   Materially interfere with the safe operation of traffic control equipment;
   (B)   Materially interfere with sight lines or clear vision areas for transportation or pedestrians, any small cell wireless facility should be mounted at least ten feet high;
   (C)   Materially interfere with compliance with the Americans with Disabilities Ordinance of 1990, Public Law 101- 36, or similar federal, state or local standards regarding pedestrian access or movement;
   (D)   Materially interfere with maintenance or full unobstructed use of public utility infrastructure under the jurisdiction of an authority;
   (E)   Materially interfere with maintenance or full unobstructed use of the drainage infrastructure as it was originally designed;
   (F)   Not be located a reasonable distance from the drainage infrastructure to ensure maintenance under the Drain Code of 1956, Public Act 40 of 1956, M.C.L.A. § 280.1 to 280.630, and access to the drainage infrastructure;
   (G)   Fail to comply with reasonable, nondiscriminatory, written spacing requirements of general applicability adopted by ordinance or otherwise that apply to the location of ground-mounted equipment and new utility poles that do not prevent a wireless provider from serving any location;
   (H)   Fail to comply with all other applicable codes, standards and ordinances; and/or
   (I)   Fail to meet reasonable, objective, written stealth or concealment criteria for small cell wireless facilities applicable in a historic district, downtown or residential district, as specified in an ordinance or otherwise and nondiscriminatory applied to all other occupants of the ROW, including electric utilities, incumbent or competitive local exchange carriers, fiber providers, cable television operators and the village.
(Ord. 160, passed 4-21-2022)

§ 153.190 INSURANCE AND BONDING.

   (A)   (1)   The wireless provider shall furnish proof of insurance in an amount and form satisfactory to the village, naming the village as an additional insured.
      (2)   Such insurance shall cover a period of not less than the term of this permit and shall provide that it cannot be canceled without 30 days’ advance written notice to the village.
   (B)   Before any work under a permit issued pursuant to this subchapter may commence, a wireless provider shall furnish to the village a performance bond in the form of an irrevocable bank letter of credit form or surety bond form approved by village, in the amount of $1,000 per small cell wireless facility included in the application for a permit, to provide for the reasonable costs of removal of abandoned or improperly maintained small cell wireless facility, to repair the ROW or to recoup unpaid rates or fees.
(Ord. 160, passed 4-21-2022)

§ 153.191 LABELING.

   A small cell wireless facility for which a permit is issued shall be labeled with the name of the wireless provider, emergency contact telephone number and information that identifies the small cell wireless facility and its location.
(Ord. 160, passed 4-21-2022)

§ 153.192 APPEALS.

   The applicant may appeal any village determinations related to this subchapter to the highest elected body of the village or the Circuit Court in the judicial circuit where the village is located.
(Ord. 160, passed 4-21-2022)