(1)

Intent to provide for wireless communication services. It is the intent of this section to allow communication and other similar towers to serve the ever-changing technology in the field of personal and business communications for wireless communications as defined in the Telecommunications Act of 1996 which includes Federal Communications Commission (FCC) licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. The term "tower" shall include all communication towers, other antenna support structures, antennas, buildings/facilities and any similar structures necessary for the provision of wireless communication services.

(2)

[Site plan to accompany applications.] All applications for the erection of a tower in the City of Coloma shall be submitted with a site plan. All site plans shall be subject to the review and approval of the city commission. The city commission shall hold any required public hearings, issue findings concerning the proposed location and compliance with these standards.

(3)

[Special use conditions.] Communication towers are permitted as a special use in all zoning districts under the following conditions:

(a)

The location of a proposed communication tower shall not be approved unless the building inspector determines that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building located within the applicant's search radius of the proposed tower due to one or more of the following reasons:

1.

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

2.

The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.

3.

Exiting or approved towers and buildings within the search area cannot accommodate the planned equipment at a height necessary to provide reasonable coverage and/or capacity as documented by a qualified and licensed professional engineer.

4.

Other reasons that make it infeasible to locate the planned equipment upon an existing or approved tower or building, including but not limited to documented proof that the owner of such tower or building will not lease space to the applicant, that there is insufficient ground, building, roof or tower area on which equipment may be installed, existing towers or building would not provide required setback distances, etc.

(b)

A tower shall be located on a parcel of land so as to provide a fall zone of not less than 110 percent of the height in the tower to any lot line. This fall zone shall be maintained throughout the existence of the communication tower. No land division shall be approved which would violate this provision.

(c)

A tower shall be of a monopole or self-supporting lattice design, unless the city commission finds that an alternative design will not adversely impact the surrounding area.

(d)

Proposed towers of the guyed or self-supporting lattice type shall be structurally designed to accommodate both the applicant's antennas and comparable antennas for at least two additional users. Proposed monopole towers shall be structurally designed to accommodate both the applicant's antennas and comparable antennas for at least one additional user. All towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

(e)

All other zoning requirements shall be enforced.

(f)

Engineering plans and specifications for the tower, prepared by a State of Michigan Registered Engineer specializing in structural engineering, shall be provided with the application for the special use.

(g)

The applicant shall provide inspection and verification that the installation of the tower, mount and foundation have been installed in compliance with the plans and specifications and all applicable codes and standards. A statement, including the date of the physical inspection, from a State of Michigan Registered Professional Engineer shall be provided to the city building inspector prior to the issuance of a certificate of occupancy for use of the tower indicating that the tower has been installed in compliance with all applicable codes and standards.

(h)

Additional requirements:

1.

Discontinuance and abandonment: The holder of a special use permit for a communications tower shall remove all discontinued communication towers, including the foundations and all support structures, and give notice of discontinuance of use of a tower within 90 days of the date that the use of the tower ceases. If at any time the use of the tower is discontinued for more than 365 consecutive days, the building inspector may declare the tower abandoned. Notice of abandonment shall be sent by first class mail to the applicant instructing the applicant that the tower must either be reactivated or dismantled and removed from the site within 120 days of the date the notice is sent to the applicant. If reactivation or dismantling and removal of the tower does not occur, the city may contract to remove the tower and assess all costs on the property taxes of the owner of the tower.

2.

The applicant shall incur all cost associated with the city review of the application for the special use.

3.

Upon approval or upon meeting all of the standards and qualifications set forth above, the applicant shall provide to the city or the owner of the proposed and approved site a lease agreement or other suitable legal document setting forth the terms and conditions for the use of said site. If city-owned property is involved, said lease shall be reviewed by the city attorney. Applicant shall reimburse the city for its legal appraisal, not to exceed $1,500.00. The terms and conditions of any agreement with respect to city-owned property shall be approved by the city commission pursuant to its Charter and ordinances. In the case of privately held property, it shall be the responsibility of the applicant to obtain an agreement with the property owner with respect to the use of the proposed site. The applicant is required to file with the city clerk any such agreement.

4.

The base of the tower and wire/cable supports shall be fenced with a minimum six-foot climb-resistant fence.

5.

A vegetative buffer shall be required where the property adjoins any residentially zoned property or land use. The tower owner shall plant and maintain two alternating rows of evergreen trees with a minimum height of five feet on 20-foot centers along the entire perimeter, and 20 feet beyond but not further than the property line, of the tower and structure, to provide a visual sight barrier from the adjoining residential zoned properties and the tower and structures. In no case shall the evergreens be any closer than ten feet to the tower or structure.

(Ord. of 8-28-2006)

(a)

For those use districts and uses listed in this section there shall be provided and maintained on all sides abutting or adjacent to a residential district or city park an obscuring wall as follows:

(b)

Required walls shall be located on the lot line except where underground utilities interfere. The location of such walls may further be revised where, in the opinion of the planning commission, such relocation will effectively serve the intended screening or obscuring function of such wall.

(c)

Such walls and screening barriers shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this chapter and except as may be approved by the chief of police and the chief building inspector. All walls required in this section shall be constructed of common or face brick, poured or precast masonry or decorative block the design of which shall be approved by the planning commission. Such wall shall be uniform in appearance to the owner of any single or combined residential lot. The planning commission may authorize alternate materials including earth berms when in its opinion such alternates will effectively meet the intent of this chapter.

(d)

The planning commission may authorize a screening fence to be used in place of a required wall for uses:

(1)

Which do not remain open later than 9:00 p.m. nor earlier than 8:00 a.m.;

(2)

Where all activities are conducted within an enclosed building; and

(3)

The number of off-street parking spaces is less than 16.

Screening fences shall be a minimum of six feet in height, completely obscure the use from the abutting property and decorative in design.

(e)

The city commission may waive or modify the requirements of this section where cause can be shown that no good purpose would be served. When the city commission determines that a wall is required, in no instance shall such a wall be permitted to be less than four feet six inches in height. In consideration of requests to waive wall requirements between nonresidential and residential districts, the commission shall obtain a determination from the planning commission as to the future use of the abutting property.

(Ord. No. 90-10, § 15.314, 10-22-1990)

(a)

Land use buffers and landscaping shall be installed and maintained according to the standards contained in this division.

(b)

All land use buffers, landscaping, screening and open space areas, as required under the terms of this division shall be reviewed by the planning commission as to compliance with the intent of this chapter.

(Ord. No. 90-10, § 15.322, 10-22-1990)

Where a greenbelt or landscape area is required, it shall be placed within four months from the date of issuance of a certificate of occupancy, and shall be reasonably maintained in a healthy, neat and orderly appearance.

(Ord. No. 90-10, § 15.330, 10-22-1990)

Plans submitted for all developments where the site plan is required shall include information as to the location of natural features such as watercourses, bodies of water, stands of trees and individual trees, apart from stands of trees, having a minimum base diameter of four inches. The site plans for development sites involving such features shall then take into consideration the means by which these features can be preserved and enhanced in conjunction with site development, all in compliance with city codes. In the course of site plan review, the planning commission shall consider and encourage the location of required landscape areas in a manner which will facilitate the preservation and enhancement of such natural features.

(Ord. No. 90-10, § 15.340, 10-22-1990)

The following standards shall apply to developments occurring in the B-1 districts, unless otherwise provided in this chapter.

(1)

Greenbelt.

a.

A strip of land, a minimum of ten feet in depth, located between the abutting public street or major thoroughfare right-of-way and the development area, shall be landscaped with a minimum of one tree, not less than ten feet in height, or a minimum caliper of two inches at the time of planting, for each 30 lineal feet, or major portion thereof, of property abutting such right-of-way. The remainder of the landscape strip shall be landscaped in grass, ground cover, shrubs and other living plant material, or other durable nonliving landscape material. No more than 20 percent of the area may consist of durable nonliving landscape material.

b.

Necessary accessways from public rights-of-way through required landscape strips shall be permitted, but such accessways shall not be subtracted from the lineal dimension used to determine the minimum number of trees required.

c.

Earth berms may be used in order to increase the screening function of such landscape areas adjacent to off-street parking areas and vehicular use areas. In instances where outside storage areas are permitted to occur adjacent to freeway rights-of-way, this landscape strip shall be designed to create a visual screen between the storage area and the adjacent freeway.

(2)

Landscaping.

a.

In addition to any landscape buffer required by this division, the remaining front yard area in B-1 districts, apart from existing and/or proposed thoroughfare rights-of-way, shall be developed as landscaped open space. Pedestrian walks, vehicular accessways, plazas, planters and other decorative elements may be included in such landscape areas. No more than 20 percent of the required landscaped area may consist of durable nonliving landscape material.

b.

The planning commission may modify the percent of durable nonliving landscape material when it determines that such modification will serve to provide more effective and desirable areas for pedestrians or building occupants, or will enable a more reasonable and desirable building setting.

c.

Storm drainage areas shall be landscaped with materials which will not be damaged by the intermittent water conditions, and shall be maintained in a healthy, growing condition, neat and orderly in appearance.

(3)

Street margin. The land area which lies between the designated landscape strip and the edge of the pavement of the adjacent public street shall be landscaped with grass and/or live ground cover as a minimum. The detail treatment of the street margin area, including the provision of any durable nonliving landscape material, shall be subject to the review and approval of the city commission. Sidewalks shall be provided within this area.

(4)

Development interconnection. Developments occurring within nonresidential districts shall utilize the required landscape areas to provide, insofar as possible, pedestrian connections to adjacent developments. The planning commission may further require the provision of the easement for pedestrian walkway/bikeway purposes, having a width of at least 15 feet, when such facilities are indicated on a plan for such facilities which has been adopted or accepted by the city commission. Those proposing developments within nonresidential districts shall consult with the planning commission during the course of development of the site plans to determine the location of potential walkway/bikeway easements, and the standards for their development. The land area used for such walkway/bikeway facilities shall be countable in the computation of the required landscape area on a given site.

(5)

Maintenance. Required landscaped areas shall be maintained in a healthy, growing condition, neat and orderly in appearance. Failure to maintain required landscaped areas in such a manner, and to remove and replace dead and diseased plant materials, shall constitute a violation of this division.

(6)

Trash receptacle area screening. Trash receptacle or dumpster areas shall be indicated on site plans, and shall be screened on at least three sides with an opaque fence or masonry wall at least equal to the height of the trash receptacles. Such obscuring elements shall be constructed of materials which are similar to or compatible with the exterior materials utilized in the construction elsewhere on the site, and shall be maintained so as to remain structurally sound, opaque throughout and neat and clean in appearance. In locating trash receptacle facilities, primary consideration shall be given to access for service, minimizing on-site traffic congestion and minimizing visibility or other negative effects on those utilizing the site or adjoining properties where sites of restaurants or food sales establishments abut residentially zoned land.

(Ord. No. 90-10, §§ 15.350, 15.352, 15.354—15.358, 10-22-1990)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Satellite dish antenna means one of the disc-shaped or other type of structures commonly used to intercept signals for television reception.

(Code 1979, § 15.060)

Cross reference— Definitions generally, § 1-2.

The following provisions shall apply to structures known as satellite dish antennas as defined in this division:

(1)

No satellite dish antenna shall exceed a height of 15 feet, including its mounting structure.

(2)

Except as described in subsection (3) of this section, satellite dish antennas shall be located in the rear yard and not attached to the principal building, its attachments or accessory structures, except for conduit purposes to the receiving television set.

(3)

No satellite dish antenna over 36 inches in diameter shall be attached to the roof of any building or other structures.

(4)

No more than two satellite dish antennas shall be placed on any residential lot.

(5)

The satellite dish antenna shall be at least seven feet from any property line.

(6)

Satellite dish antennas shall be permanently anchored to a foundation or structure.

(7)

All satellite dish antennas shall require a building permit prior to erection. The application for a permit must include a sketch showing the proposed location, height and anchoring details of the antenna, and a $15.00 fee.

(Code 1979, § 15.061)