The purpose of this article is to establish general guidelines for the siting of commercial wireless communications towers and antennas. The goals of this article are to:

a.

Protect residential areas and land uses from potential adverse impacts of towers and antennas.

b.

Encourage the location of towers in nonresidential areas.

c.

Minimize the total number of towers throughout the community.

d.

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.

e.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

f.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques.

g.

Enhance the ability of the providers of telecommunications services to offer such services quickly, effectively and efficiently.

h.

Consider the public health and safety of communication towers.

i.

Avoid potential damage to adjacent properties from tower failure.

In furtherance of these goals, the city shall give due consideration to the city comprehensive development plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

a.

New towers and antennas. All new towers or antennas in the city shall be subject to these regulations, unless excepted as provided in this section.

b.

Amateur radio station operators/receive only antennas. This article shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is:

1.

Owned and operated by a federally-licensed amateur radio station operator, or

2.

Is used exclusively for receive only antennas.

c.

Pre-existing towers or antennas. Pre-existing towers and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements ofSections 78-503e. and f., General Requirements, Lighting and State or Federal Requirements .

d.

AM array. For purposes of implementing this article, an AM array, consisting of one (1) or more tower units and supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one (1) tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

e.

New antennas on buildings located in the central business district are subject to the requirements of Section 78-509e., Building or Other Equipment Storage Antennas in the CBD.

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.

b.

Lot size. 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 lot.

c.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the development official an inventory of all existing towers, antennas, or sites approved for towers or antennas that are either within the jurisdiction of the city or within one (1) mile of the boundaries thereof, including specific information about the location, height, and design of each tower. The development official may share such information with other applicants applying for administrative approvals or special land use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the city; however the development official is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

d.

Aesthetics. Towers and antennas shall meet the following requirements:

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, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

3.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of 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.

e.

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

f.

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or 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 article shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or 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.

g.

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 contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city 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 thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within such thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

h.

Measurement. For purposes of measurement, tower setbacks and separation shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

i.

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities, or private utilities.

j.

Franchises, leases and easements. Owners and/or operators of towers or antennas shall certify that all franchises required by law, leases of property and easements for the construction and/or operation of wireless communication systems in the city have been obtained and shall file a copy of all such documents with the development official.

k.

Signs. No commercial signs, logos, or messages shall be allowed on an antenna or tower.

l.

Associated buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 78-509, Buildings and Other Equipment Storage.

m.

Surety and indemnity bonds, liability insurance. Each applicant for a tower or antenna permit shall furnish the city with a surety bond ensuring the cost of removal of the tower or antenna, any support building, foundations, fencing and any other structures at the site when the facility is abandoned. The bond shall indemnify the city for all expenses incurred by it for its cost of any such removal in the event the owner does not do so. An applicant shall also furnish the city with a certificate of liability insurance for such coverages and in such amounts approved by the city, with the city as a named insured, with a thirty-day notice of proposed cancellation to be given the city by the insurer.

n.

Site plan approval. Site plan approval is required for all antennas and towers within the city.

o.

Engineering information. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

p.

Additional information. The following information shall be supplied in addition to the information required by article X, special land use and article XI, site plan review of this chapter.

1.

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), comprehensive development plan classification of the site and all properties within the applicable separation distances set forth in q. adjacent streets, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the development official to be necessary to assess compliance with this article.

2.

Legal description of the parent tract and leased parcel, if applicable.

3.

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

4.

The separation distance from other towers described in the inventory of existing sites submitted pursuant to c. of this section, shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

5.

A landscape plan showing specific landscape materials.

6.

Method of fencing, finished color and, if applicable, the method of camouflage and illumination.

7.

A description of compliance with this article and all applicable federal, state or local laws.

8.

A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

9.

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the city.

10.

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

q.

Setbacks. The following setback requirements shall apply to all towers for which a special land use permit is required; however, the planning commission may, in order to encourage co-location waive any applicable zoning district setback requirements or separation distances between towers applicable to such towers by up to fifty (50) percent; provided:

1.

Towers must be set back a distance equal to at least two hundred (200) feet from the adjoining property lines or one hundred fifty (150) percent of the tower height from a residential district and one hundred (100) percent from a non-residential district, whichever is greater. This setback may be reduced to one-half (½) the tower height from a non-residential property line where a professional engineer licensed by the State of Michigan has certified that the structure is designed as a self collapsing devise and the area in which the proposed structure will fall in the event of damage (i.e. "fall zone") can be accommodated within the setback area.

2.

Accessory buildings must satisfy the minimum zoning district setback requirements.

r.

Separation. The following separation requirements shall apply to all towers and antenna for which a special land use permit is required; however, the planning commission may reduce the standard separation requirements if the goals of this article would be better served thereby.

1.

From off-site uses/designated areas.

(a)

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table XIX-01 Tower Separation from Off-Site Uses/Designated Areas, except as otherwise provided in Table XIX-01 Tower Separation from Off-Site Uses/Designated Areas.

(b)

Separation requirements for towers shall comply with the minimum standards established in Table XIX-01 Tower Separation from Off-Site Uses/Designated Areas.

Table XIX-01
Tower Separation from Off-Site Uses/Designated Areas

2.

Distances between towers.

(a)

Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers within the territorial boundaries of the city or elsewhere.

(b)

The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower.

(c)

The separation distances, listed in linear feet (LFT), are shown in Table XIX-02 Tower Separation between Towers.

Table XIX-02
Tower Separation between Towers

s.

Security fencing. Towers shall be enclosed by a vinyl coated cyclone type security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anticlimbing device; however, the planning commission may waive such requirements, as it deems appropriate.

t.

Landscaping. The following requirements shall govern the landscaping surrounding towers and antenna equipment structures.

1.

Tower facilities and equipment structures shall be landscaped with a buffer of dense evergreen plant materials that effectively screens the view of the tower compound and/or antenna structure from property used for residences and the street.

2.

The standard buffer shall consist of a landscaped strip of dense evergreen plantings along the outside perimeter of the compound and of sufficient height to effectively screen the fencing and structures.

3.

In locations where the visual impact of the tower and structures is not readily visible from the street or adjoining residential uses, the landscaping requirement may be reduced by the planning commission.

4.

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 may be sufficient buffer.

The following are subject to the special land use requirements:

a.

New towers are only permitted in the public/quasi-public (PQ) district, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the planning commission concludes the tower is in conformity with the goals set forth in Section 78-501, Intent and Purpose and the requirements of Section 78-503, General Requirements, the tower meets the setback and separation requirements of this article; and the tower meets the following height and usage criteria:

1.

For a single user, up to ninety (90) feet in height;

2.

For two (2) users, up to one hundred twenty (120) feet in height; and

3.

For three (3) or more users, up to one hundred fifty (150) feet in height.

b.

Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

In addition to standards for consideration of a special land use application pursuant to article X, special land uses, of this chapter, the planning commission shall consider the following in determining whether to issue a special land use permit. The planning commission shall consider the following when determining whether to approve the special land use application:

a.

Height of the proposed tower.

b.

Proximity of the tower to residential structures and residential district boundaries.

c.

Nature of uses on adjacent and nearby properties.

d.

Surrounding topography.

e.

Surrounding tree coverage and foliage.

f.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

g.

Proposed ingress and egress.

h.

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 78-508, Availability of Suitable Existing Towers, Other Structures, or Alternative Technology.

i.

Any other information deemed necessary by the planning commission to evaluate the application.

Any antenna which is not attached to a tower may be approved by the planning commission as an accessory use to any use permit in the public/quasi-public district; provided:

a.

The antenna does not extend more than thirty (30) feet above the highest point of the structure.

b.

The antenna complies with all applicable FCC and FAA regulations.

c.

The antenna complies with all applicable building codes.

An antenna which is attached to an existing tower may be approved by the development official and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one (1) carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:

a.

A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower.

b.

Height.

1.

An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower's existing height to accommodate the co-location of an additional antenna.

2.

The height change may only occur one (1) time per communication tower.

3.

The additional height shall not require an additional distance separation as set forth in this article. The tower's pre-modification height shall be used to calculate such distance separations.

c.

Onsite location.

1.

A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on-site when approved by the development official.

2.

After the tower is rebuilt to accommodate co-location, only one (1) tower may remain on the site.

3.

A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers required by this article. The relocation of a tower shall in no way be deemed to cause a violation of Section 78-503q., General Requirements—Setbacks.

4.

The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Section 78-503q., General Requirements—Setbacks, shall only be permitted when approved by the planning commission.

a.

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed transmitting and receiving device.

b.

An applicant shall submit information requested by the planning commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed device may consist of any of the following:

1.

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

2.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

3.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

4.

The applicant 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.

5.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new-tower development are presumed to be unreasonable.

6.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

7.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

a.

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

1.

The cabinet or structure shall not contain more than three hundred sixty (360) square feet of gross floor area or be more than nine (9) feet in height.

2.

In addition, for buildings and structures which are less than sixty-five (65) feet in height, the related unmanned equipment structure, if over three hundred sixty (360) square feet of gross floor area or nine (9) feet in height, shall be located on the ground and shall not be located on the roof of the structure.

3.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

b.

Antennas mounted on utility poles or light poles.

1.

The equipment cabinet or structure used in association with antennas shall be no greater than nine (9) feet in height or three hundred sixty (360) square feet in gross floor area.

2.

The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches.

3.

In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six (6) feet in height or an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches.

c.

Antennas located on towers.

1.

The related unmanned equipment structure shall not contain more than three hundred sixty (360) square feet of gross floor area or be more than nine (9) feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

2.

Wherever practicable existing cabinets or structures that may service additional antennae shall be used.

d.

Modification of building size requirements. The requirements of a.—c. of this section may be modified by the planning commission to satisfy the intent and purpose of this article.

e.

Antennas in the CBD. Antennas on buildings located in the central business district are permitted; provided:

1.

The antenna is mounted atop the building and does not extend more than twenty (20) feet above the highest point of the building.

2.

The antenna complies with all applicable FCC and FAA regulations.

3.

The antenna complies with all applicable building codes.

4.

No more than three (3) antennas may be mounted on any building.

5.

Antennas may not be mounted on a building located in the central business district that is used exclusively for residential purposes.

a.

Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned.

b.

The owner of the antenna or tower shall notify the city when operation has ceased, and shall remove the same within ninety (90) days after that date.

c.

The city shall notify the owner in writing of the removal requirement, which shall include removal of support buildings, foundations and other related structures from the premises.

d.

Failure to remove all such facilities within the removal period shall entitle the city to remove them at the owner's expense and to make claim against the surety bond furnished for that purpose.

e.

If there are two (2) or more users of a single tower, then abandonment shall not be presumed until all owners cease using the tower.

a.

Towers that are constructed, and antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a non-conforming use or structure.

b.

Notwithstanding Section 78-510, Removal of Abandoned Antennas and Towers, towers or antennas that are damaged or destroyed may be rebuilt at the approximate same location without having to first obtain planning commission approval or a special land use permit.

c.

The type, height, and location of the tower on-site shall be of the same type and intensity as the approved original facility. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within ninety (90) days from the date the facility is damaged or destroyed.

d.

If no permit is obtained or if the permit expires, and the facility has not been rebuilt, the tower or antenna shall be deemed abandoned as specified in Section 78-510, Removal of Abandoned Antennas and Towers.