The following uses shall be exempt from the provisions and requirements of this section: Private mobile radio service facilities with antennas less than 100 feet in height; citizen band radio facilities; short wave receiving facilities; federally licensed amateur (ham) radio facilities; satellite dishes; and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

(Ord. 317. Passed 2-22-99.)

Subject to the standards and conditions set forth in this section, wireless communication facilities shall be permitted uses in all zoning districts under the following circumstances:

A.

When an existing structure will serve as an attached wireless communication facility within a nonresidential zoning district, and the existing structure is not, in the discretion of the administrative official, proposed to be materially altered or materially changed in appearance.

B.

When an existing structure will serve as an attached wireless communication facility within a residential zoning district and the accessory building associated with the wireless communication facility is either not visible from any residence or can be screened to that extent and where the existing structure is not, in the discretion of the administrative official, proposed to be either materially altered or materially changed in appearance.

C.

When the proposed collocation upon an attached wireless communication facility which had been preapproved for such collocation as part of an earlier approval by the City.

D.

When the existing structure which will serve as an attached wireless communication facility is a utility pole located within a right-of-way, where the existing pole is not proposed to be modified in a manner which, in the discretion of the administrative official, would materially alter the structure and/or result in an impairment of sight lines or other safety interests.

(Ord. 317. Passed 2-22-99.)

A wireless communication facility may be authorized under the procedures as provided in Chapter 1286, as a special land use, if it is demonstrated by an applicant to the satisfaction of the Planning Commission and as agreed to by the City Council that a wireless communication facility may not reasonably be established as a permitted use under this section and is required in order to operate a wireless communication service.

An application for a wireless communication facility as a special land use must comply with the standards and conditions set forth in Chapter 1286 and the following specific regulations:

A.

At the time of the submittal, the applicant shall demonstrate that location of a facility under the conditions required for a permitted use cannot meet the need required for operation of a system. The applicant shall demonstrate the need for the facility to be located as proposed based upon the presence of one or more of the following factors:

(1)

Proximity to an interstate or major thoroughfare.

(2)

Areas of population concentration.

(3)

Concentration of commercial, industrial, and/or other business centers.

(4)

Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions.

(5)

Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.

(6)

Other specifically identified reason(s) creating facility need.

B.

Wireless communication facilities shall be of a design such as a steeple, bell tower, or other form which is compatible with the character of the proposed site, neighborhood and general area, as approved by the City.

C.

The proposal shall be reviewed in conformity with the collocation requirements of this section. In residential neighborhoods, locations shall be considered first on the following sites, not stated in any order of priority, subject to application of all other standards contained in this section:

(1)

Municipally owned site.

(2)

Other governmentally owned site.

(3)

Religious or other institutional site.

(4)

Public park or other permanent open space areas when compatible.

(5)

Public or private school site.

(6)

Other locations if none of the above is available.

D.

The applicant must demonstrate that a practical collocation is not available for the coverage area and capacity needs.

E.

Any new or modified wireless communication facilities shall be designed and constructed so as to meet the collocation requirements of this section.

(Ord. 317. Passed 2-22-99.)

All applications for wireless communication facilities whether permitted uses or special land uses shall be reviewed in accordance with the following standards and conditions, and, if approved, shall be constructed and maintained in accordance with such standards and any conditions imposed with a special land use approval:

A.

Facilities shall be located and designed to be harmonious with the surrounding area. Among other things, all reasonable attempts shall be made and thoroughly explored to utilize existing structures on which to place facilities, i.e., to utilize attached wireless communications facilities.

B.

Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions, as confirmed by submission of a certification of compliance by the applicant's licensed engineer.

C.

Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights. Structures which require or are proposed to have high intensity strobe lighting shall not be permitted.

D.

The maximum height of the new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant and by other entities to collocate on the structure. The accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective district.

E.

The setback of a new or materially modified support structure from any residential district shall be at least the height of the highest point of any structure on the premises. The setback of the support structure from any existing or proposed rights-of-way or other publicly traveled roads shall be no less than the height of the structure.

F.

Where the proposed new or materially modified support structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the structure, and accessory structures, from that parcel shall be in accordance with the required setbacks for principal buildings as provided in the schedule of regulations for the zoning district in which the support structure is located.

G.

There shall be unobstructed access to the support structure, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as: the location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the tower and any attendant facilities; the location of buildings and parking facilities; proximity to residential districts and minimizing disturbance to the natural landscape; and, the type of equipment which will need to access the site.

H.

The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.

I.

Where an attached wireless communication facility is proposed on the roof of a building, if the equipment enclosure is proposed as a roof appliance or penthouse on the building, it shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform with all district requirements for principal buildings, including yard setbacks. For collocation facilities served by an accessory building, there should be a single, architecturally uniform accessory building for all providers.

J.

The design and appearance of the support structure and all accessory buildings shall be reviewed and approved so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.

K.

The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soil report from a geotechnical engineer licensed in the State of Michigan. This soil report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use.

L.

The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.

M.

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 long term, continuous maintenance to a reasonably prudent standard.

N.

The use of high intensity (strobe) lighting on a wireless communication facility shall be prohibited, and the use of other lighting shall be prohibited absent a demonstrated need.

O.

Applications made which do not include the signature of the licensed operator of a wireless communication service at the time of processing by the City may be tentatively approved, but shall not receive final approval unless and until the application has been amended to include a signature on behalf of a licensed operator. A tentative approval shall be valid for ninety days. If, during a ninety-day tentative approval period, final approval is granted to authorize a wireless communication facility within two miles of the property on which a facility has been tentatively approved, such tentative approval shall thereupon expire unless the applicant granted tentative approval demonstrates that it would not be feasible for it to collocate on the facility that has been newly granted final approval.

P.

The antenna and other attachments on a wireless communication facility shall be designed and constructed to include the minimum attachments required to operate the facility as intended at the site, both in terms of number and size of such attachments, and shall be designed and constructed to maximize aesthetic quality.

(Ord. 317. Passed 2-22-99.)

A.

A site plan prepared in accordance with Chapter 1284 shall be submitted, showing the location, size, screening and design of all buildings and structures, including fences, and the location and size of outdoor equipment, and the location, number, and species of proposed landscaping.

B.

The site plan shall also include a detailed landscaping plan where the support structure is being placed at a location which is not otherwise developed, or where a developed area will be disturbed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure.

C.

The application shall include a signed certification by a State of Michigan licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities.

D.

The application shall include a description of the monetary security to be posted with the City to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in Section 1283.08. In this regard, the security shall, at the election of the applicant, be in the form of:

(1)

Cash;

(2)

Surety bond;

(3)

Letter of credit; or

(4)

An agreement in a form approved by the City Attorney and recordable at the office of the Register of Deeds, establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorneys fees incurred by the City in securing removal.

E.

The application shall include a map showing existing and known proposed wireless communication facilities within the City, and within areas surrounding the borders of the City, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility.

F.

The name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.

G.

The application fee, in the amount specified by the City Council.

H.

The owner or duly authorized representative of all ownership interest in the land on which the wireless communication facility is proposed to be located shall sign the application. In addition, if a licensed entity intended to be the operator on the facility does not sign the application, approval shall be restricted as provided in this section.

Any information provided with the application which is trade secret and/or other confidential commercial information which, if released would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy. This chapter shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the City.

(Ord. 317. Passed 2-22-99.)

Collocation shall be deemed to be practical for purposes of this section where all of the following are met:

A.

The owner of the existing wireless communication facility will accept market rent or other market compensation and the applicant will undertake to pay market rent or other market compensation for collocation.

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 adjustment 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 City, taking into consideration the intent and purpose of this section and the several standards contained herein.

(Ord. 317. Passed 2-22-99.)

A.

The policy of the City is to require collocation whenever possible. Therefore, if a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.

B.

If a party who owns or otherwise controls a wireless communication facility shall fail or refuse to permit a feasible collocation, and this requires the construction and/or use of a new wireless communication support structure, the party failing or refusing to permit a feasible collocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the City, and consequently, such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the City for a period of five years from the date of the failure or refusal to permit the collocation. Such a party may seek and obtain a variance from the Zoning Board of Appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five-year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.

C.

Incentive review of an application for collocation, and review of an application for a permit for use of a facility permitted under this section, shall be expedited by the City.

(Ord. 317. Passed 2-22-99.)

A.

A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:

(1)

When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.

(2)

Six months after new technology is available at reasonable cost as determined by the municipal legislative body, which permits the operation of the communication system without the requirement of the support structure, or with a support structure which is lower and/or more compatible with the area.

B.

The situations in which removal of a facility is required may be applied and limited to portions of a facility.

C.

Upon the occurrence of one or more of the events requiring removal, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the City Council.

D.

If the required removal of a facility or a portion thereof has not been lawfully completed within sixty days of the applicable deadline, and after at least thirty days' written notice, the City may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn, collected and/or enforced from or under the security posted at the time application was made for establishing the facility.

E.

The person who had used the facility shall immediately notify the City Clerk in writing if and as soon as use of a facility ceases.

(Ord. 317. Passed 2-22-99.)

A.

Subject to the provisions of Chapter 1286 for approval of special land uses, final approval under this section shall be effective for a period of six months.

B.

If construction of a wireless communication facility is commenced within two miles of the land on which a facility has been approved, but on which construction has not been commenced during the six-month period of effectiveness, the approval for the facility that has not been commenced shall be void thirty days following notice from the City of the commencement of the other facility unless the applicant granted approval of the facility which has not been commenced demonstrates that it would not be feasible for it to collocate on the facility that has been newly commenced.

(Ord. 317. Passed 2-22-99.)

A.

General. The co-location 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 ordinance to the extent exempt from such reviews under Act 365 of 2018, as amended ("Act 365"). In such case, a utility pole in the ROW may not exceed forty feet above ground level without special land use approval and a small cell wireless facility in the ROW shall not extend more than five feet above a utility pole or wireless support structure on which the small cell wireless facility is co-located.

Co-location 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 City consistent with the City of Coopersville Zoning Code.

Small cell wireless facilities and associated support structures not exempt from zoning reviews are only permitted in accordance with the provisions of this zoning ordinance and Act 365, and upon application for and receipt from the City of a permit consistent with the City of Coopersville Zoning Code.

B.

Definitions.

"Wireless Communication Equipment:" The set of equipment and network components used in the provision of wireless communication services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, coaxial and fiber optic cables, but excluding wireless communications support structures.

"Wireless Communication Support Structure:" A structure that is designed to support, or is capable of supporting, wireless communication equipment. A wireless communication support structure may include a monopole, lattice tower, guyed tower, water tower, utility pole or building.

"Small Cell Wireless Facility:" a wireless facility that meets both of the following requirements:

(i)

Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than six cubic feet.

(ii)

All other wireless equipment associated with the facility is cumulatively not more than twenty-five cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

C.

Wireless Communications Equipment. Wireless communication equipment (but not a wireless communication support structures) is a permitted use and allowed in all zoning districts. Wireless communication equipment does not have to be related to the principal use of the site. Wireless communications equipment is not subject to zoning review and approval if all of the following requirements are met:

(1)

The wireless communications equipment will be co-located 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 the City's zoning ordinance or was approved by the appropriate zoning body or official for the City of Coopersville.

(3)

The proposed collocation will not do any of the following:

A.

Increase the overall height of the wireless communications support structure by more than twenty feet or ten percent 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 co-location.

C.

Increase the area of the existing equipment compound to greater than 2,500 square feet.

(4)

The proposed co-location 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 City.

Notwithstanding the foregoing, wireless communications equipment otherwise exempt must still comply with all other applicable zoning codes including a requirement that the building inspector determines that the co-location will not adversely impact the structure to which it is attached.

A co-location that meets the requirements of subsections (1) and (2), above, but which does not meet subsections (c) or (d), is subject to special land use review by the Planning Commission in accordance with City of Coopersville of the zoning ordinance and Section 514 (2—6) of Act 366 of 2018, as amended ("Act 366"). Any equipment placed in a residential district shall not be erected at a height that requires lighting. Any equipment placed adjacent to a residential district or use that requires lighting shall be a continuous red beacon at night.

Wireless communications equipment that is not attached to an existing structure (thus requiring the installation of a new wireless communications support structure), is subject to special land use review consistent with the ________ zoning ordinance and consistent with the ________ Master Plan.

(d)

Special Land Use Standards for Wireless Communication Facilities.

(1)

Wireless communications support structures must be installed on a lawful lot for the zoning district in which it is located, either as a principal use, or as an accessory use related to the principal use.

(2)

Existing wireless support structure requirements of each community (if any).

(e)

Special Land Use Standards for Non-Exempt Small Cell Wireless Facilities. The modification of existing or installation of new small cell wireless facilities or the modification of existing or installation of new wireless support structures used for such small cell wireless facilities that are not exempt from zoning review in accordance with Act 365 shall be subject to special land use review and approval in accordance with the following procedures and standards:

(1)

The processing of an application is subject to all of the following requirements:

A.

Within thirty days after receiving an application under this section, the City shall notify the applicant in writing whether the application is complete. The notice tolls the running of the thirty-day period.

B.

The running of the time period tolled under subdivision A. resumes when the applicant makes a supplemental submission in response to the City's notice of incompleteness.

C.

The City shall approve or deny the application and notify the applicant in writing within ninety 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 City.

(2)

The Planning Commission shall base its review of the special land use request on the standards contained in Section 1286; provided, however that a denial shall comply with all of the following:

A.

The denial is supported by substantial evidence contained in a written record that is publicly released contemporaneously.

B.

There is a reasonable basis for the denial.

C.

The denial would not discriminate against the applicant with respect to the placement of the facilities of other wireless providers.

(3)

In addition to the provisions set forth in subsection (2), in the Planning Commission's review:

A.

An applicant's business decision on the type and location of small cell wireless facilities, wireless support structures, or technology to be used is presumed to be reasonable. This presumption does not apply with respect to the height of wireless facilities or wireless support structures.

B.

An applicant shall not be required to submit information about its business decisions with respect to any of the following:

(i)

The need for a wireless support structure or small cell wireless facilities.

(ii)

The applicant's service, customer demand for the service, or the quality of service.

C.

The Planning Commission may impose reasonable requirements regarding the appearance of facilities, including those relating to materials used or arranging, screening, or landscaping.

D.

The Planning Commission may impose spacing, setback, and fall zone requirements substantially similar to spacing, setback, and fall zone requirements imposed on other types of commercial structures of a similar height in a similar location.

(4)

The fee for zoning review of a special land use and associated site plan shall be as established by the City Council by resolution from time to time.

(5)

Within one year after a zoning approval is granted, a small cell wireless provider shall commence construction of the approved structure or facilities that are to be operational for use by a wireless services provider, unless the City and the applicant agree to extend this period or the delay is caused by a lack of commercial power or communications facilities at the site. If the wireless provider fails to commence the construction of the approved structure or facilities within the time required the zoning approval is void.

(Ord. 473. Passed 1-23-17; Ord. 499. Passed 3-9-20.)