(a)   In the development of a community it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this article. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.

   (b)   Uses subject to these controls are as follows:

      (1)   Group “A” — Special regulated uses:

 

 

      (2)   Group “B” - Special regulated uses:

 

 

      (3)   Group “C” - Special regulated uses:

 

 

      (4)   Group “D” - Special regulated uses:

 

 

(Ord. 2599, passed 4-25-1977; Ord. 2872, passed 3-14-1983; Ord. 3286, passed 12-12-1994; Ord. 3289, passed 1-9-1995; Ord. 3501, passed 10-14-2002; Ord. 3669, passed 11-28-2005)

   (a)   Application to establish any of the special regulated uses as itemized in § 50-161 shall be made to the Planning and Zoning Office. Applications to establish special regulated uses are subject to approval by the Planning Commission and all requirements of this article.

   (b)   An approved application for a special regulated use, except a group “D” use, shall become null and void if the use has not commenced within three months of the approval date, unless the Planning Commission grants an extension within that time. An extension may be granted by the Planning Commission, at its sole discretion, upon request by the applicant at any regularly scheduled meeting.

(Ord. 2599, passed 4-25-1977; Ord. 3669, passed 11-28-2005)

   (a)   Group “A” special regulated uses (§ 50-161). An application to establish a group “A” special regulated use shall not be approved if there is already in existence two or more group “A,” group “B” or group “C” special regulated uses within 2,000 feet of the boundaries of the site of the proposed regulated uses.

   (b)   Group “B” special regulated uses (§ 50-161). An application to establish a group “B” special regulated use shall not be approved if there is already in existence four or more group “B” or group “C” special regulated uses within 2,000 feet of the boundaries of the site of the proposed regulated uses.

   (c)   Group “C” special regulated uses (§ 50-161). An application to establish a group “C” special regulated use shall not be approved if there are already in existence four or more group “C” special regulated uses within 2,000 feet of the boundaries of the site of the proposed regulated use.

(Ord. 2599, passed 4-25-1977; Ord. 3286, passed 12-12-1994; Ord. 3669, passed 11-28-2005)

   (a)   Group “A” special regulated uses (§ 50-161). An application to establish a group “A” special regulated use shall not be approved if the proposed location is within 1,000 feet of any residentially zoned district, mobile home park, K through 12 school, park or church.

   (b)   Group “B” special regulated uses (§ 50-161). An application to establish a group “B” special regulated use shall not be approved if the proposed location is within 300 feet of a residentially zoned district, mobile home park, K through 12 school, dedicated park or church.

   (c)   Group “C” special regulated uses (§ 50-161). An application to establish a group “C” special regulated use shall not be approved if the proposed location is within 200 feet of a residentially zoned district, mobile home park, K through 12 school, park or church, except in the D-4 zoning district where this locational standard is waived.

(Ord. 2599, passed 4-25-1977; Ord. 2727, passed 7-23-1979; Ord. 3669, passed 11-28-2005)

   The following requirements apply to all group “A” and group “B” special regulated uses.

   (a)   The use must be located in a single free standing building on premises devoted exclusively to the regulated use. A shared or common-wall building or shopping center is not a single, freestanding building.

   (b)   The exterior color of the building must be approved by the Planning Commission.

   (c)   The building and site shall be so designed, constructed and maintained that displays, decorations or signs depicting, describing or relating to specific sexual activities or specified anatomical areas are not visible from a public right-of-way or adjacent property.

   (d)   The building in which the use is located shall not be connected to any other business, dwelling or living quarters of any type.

   (e)   The building in which the use is located shall not, during business hours, have the principal entrance and exit doors locked or obstructed in any manner that impedes the ingress and egress of patrons.

(Ord. 3669, passed 11-28-2005)

   (a)   All wireless telecommunication facilities shall be subject to the requirements of this section, as well as any other applicable provisions of this article and the Flint City Code. If at any time a wireless telecommunication facility does not meet the provisions and regulations of this article, the facility must be removed as provided in subsection (l).

   (b)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      CO-LOCATION. The ability to attach wireless antenna to existing structures which could include towers, rooftops, utility lines, church spires and the like.

      WIRELESS TELECOMMUNICATION ANTENNA. The device through which wireless telecommunication signals, as authorized by the Federal Communications Commission, are transmitted or received. Not included are AM/FM radio antenna, television antenna, satellite dishes and licensed amateur radio facilities.

      WIRELESS TELECOMMUNICATION EQUIPMENT SHELTER. The structure in which the electronic receiving and transmitting equipment for a wireless telecommunications is housed.

      WIRELESS TELECOMMUNICATION FACILITY. A facility consisting of all structures and equipment involved in transmitting and/or receiving telecommunication signals from mobile communication sources and transmitting those signals to a central switching computer, which connects the mobile unit to the land-based telephone system. These facilities include but are not limited to private and commercial mobile radio service facilities, personal communication services (PCS) towers, and cellular telephone towers. Not included in this definition are AM/FM radio towers, television towers, satellite dishes and federally licensed amateur radio facilities.

      WIRELESS TELECOMMUNICATION STEALTH DESIGN. Telecommunication facilities, including towers and antennas camouflaged in ways to minimize visibility and blend with their surroundings.

      WIRELESS TELECOMMUNICATION TOWER. A structure intended to support equipment used to transmit and/or receive telecommunication signals including, but not limited to, monopoles, freestanding lattice structures and guyed lattice structures.

   (c)   Zoning district requirements. Wireless telecommunication facilities shall be permitted with the following conditions.

      (1)   No new wireless telecommunication towers shall be permitted in the single-family districts (A districts), two-family or townhouse districts (B districts), multifamily districts (C districts), office districts (D-1 districts), neighborhood business districts (D-2 districts), community business districts (D-3 districts), metropolitan business districts (D-4 districts) and metropolitan commercial-service districts (D-5 districts). Stealth design of wireless facilities, towers and antennas shall be permitted as a special regulated land use. Co-locations on existing wireless telecommunication facilities or existing structures that do not require any additional height shall be a permitted use.

      (2)   Wireless telecommunication facilities shall be permitted as a special regulated land use in the general and highway commercial service district (D-6 district), heavy commercial districts (E districts), intermediate manufacturing districts (F districts) and the heavy manufacturing districts (G districts).

      (3)   All telecommunication wireless facilities shall be prohibited in the parking district as defined in Article XV-A.

      (4)   New wireless telecommunication facilities, towers or antennas located within a historic district shall be prohibited. Stealth design of wireless facilities, towers or antennas shall be permitted as a special regulated land use upon review and approval of the Flint Historic District Commission and the regulations set forth in this section. Co-location on existing wireless telecommunication facilities or existing structures that do not require additional height shall be a permitted use upon review and approval by the Flint Historic District Commission.

      (5)   New wireless telecommunication towers located within a City park shall be prohibited. Stealth design of wireless facilities, including towers and antennas, shall be permitted as a special regulated land use. Co-locations on existing wireless telecommunication facilities or existing structures that do not require any additional height shall be a permitted use.

   (d)   Compliance with Federal regulations. 

      (1)   All telecommunication facilities shall comply with current regulations of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC) or any other Federal or State agency with authority to regulate telecommunication facilities, including towers and/or antennas.

      (2)   In the event of a change in Federal or State regulation, the owner of the telecommunication facility shall bring it into compliance with the revised regulations within six months of the effective date of such regulations, unless a different compliance schedule is mandated by the State or Federal agency.

   (e)   Compliance with building codes. All wireless telecommunication shall be constructed in compliance with all applicable building codes, including the Electronic Industries Association/Telecommunication Industry (EIA/TIA) standards for the construction of facilities including towers, antenna and support structures.

   (f)   (1)   General site location requirements. No new wireless telecommunication towers shall be permitted within a radius of 1,000 feet of an existing wireless telecommunication tower unless the applicant can demonstrate that the existing telecommunication tower is unsuitable for technical or structural reasons.

      (2)   Setback requirements. 

         a.   In nonresidential zoning districts, wireless telecommunication towers shall be set back at least 50% of the tower height from any adjoining property zoned for nonresidential use.

         b.   In residential zoning districts, wireless telecommunication towers shall be set back at least 50% of the tower height from all adjoining property zoned for residential use.

         c.   Other structures associated with the wireless telecommunication tower (such as equipment shelters, guy wire anchors) shall comply with the setback requirements of the district in which the tower is located.

         d.   The setback requirements of this section are minimums. The Planning Commission may require additional setback distance as part of a special land use approval.

      (3)   Co-location requirements. Unless made technically infeasible as a result of the use of stealth design, new wireless telecommunication towers shall be designed to permit co-location by at least two additional entities and proposed locations for wireless telecommunication facilities shall be adequately sized and configured to allow the placement of at least two additional telecommunication equipment shelters.

      (4)   Tower design. Wireless telecommunication towers that are not of stealth design shall be constructed as freestanding structures (monopole or lattice towers, as approved by the Planning Commission) and shall have a neutral surface finish color to reduce visual obtrusiveness, except as otherwise required by a State or Federal agency.

      (5)   Signs. Wireless telecommunication facilities shall not be used for advertising purposes. Wireless telecommunication facilities shall display one sign, not to exceed two square feet, which identifies the service provider and an emergency telephone number. These restrictions shall not apply to any safety signs placed on the security fence or tower.

      (6)   Fencing. Wireless telecommunication facilities shall be enclosed by a solid screening fence not less than six feet in height. The Planning Commission shall review the need for the installation of anti-climbing devices and make a determination based on adjacent land use and zoning patterns.

      (7)   Screening. Wireless telecommunication facilities shall be effectively screened with a landscape buffer, approved by the Planning Commission, to obscure views of the tower base, equipment shelter, security fencing, or guy wire anchors from adjacent uses and public rights-of-way. Locations where the visual impact of the tower will be minimal or where existing vegetation provide an effective natural screen or where the security requirements of the principal use prevent screening (utility substations), the Planning Commission may modify this requirement.

      (8)   Lighting. Wireless telecommunication towers shall not be artificially lighted unless required by the FAA, FCC or other agency with jurisdictional authority. If lighting is required by Federal regulation, the applicant shall use the least intrusive form of lighting acceptable under the controlling regulation.

      (9)   Equipment shelter design. The design and materials used in the construction of the equipment shelter shall, to the extent possible, blend the structure with the surrounding built or natural environment. The equipment shelter shall not exceed 15 feet in height.

      (10)   Off-street parking. New wireless telecommunication facilities of non-stealth design shall provide one off-street parking space to accommodate maintenance vehicles if practicable. Driveways and parking spaces serving such facilities may have a gravel surface provided the surface is maintained in a dust-free condition and graded to maintain proper drainage.

   (g)   Permitted additional antenna. Wireless telecommunication antenna shall be considered a permitted accessory use when placed on or attached to any existing wireless telecommunication structure, provided that all other applicable ordinance requirements are complied with. Any initial wireless telecommunication antenna placed on an alternative tower structure shall be subject to the same review and approval procedures as a new wireless telecommunications facility. Subsequent antennas on alternative tower structures shall be considered permitted accessory uses in all districts.

   (h)   Permitted tower placement. An existing wireless telecommunication tower may be placed for the purposes of accommodating the co-location of additional wireless telecommunication antennas subject to the following review and approval process:

      (1)   Tower replacements that result in the addition of 50 or fewer feet of additional tower height shall require site plan view and approval by the Planning Commission;

      (2)   Tower replacements that result in the addition of more than 50 feet in height shall require special land use review and approval by the Planning Commission; and

      (3)   Tower replacements that require the installation of tower lights shall require special land use review and approval by the Planning Commission.

   (i)   Site plan procedures. As shown in § 50-8.3.

   (j)   Application requirements. In addition to any other applicable requirements of Article XXIX, the following information shall be provided in support of an application to initially construct a wireless telecommunication tower:

      (1)   Certification from a Michigan licensed professional engineer as to the manner in which the proposed wireless telecommunication tower is designed to collapse;

      (2)   A report that addresses the review criteria contained in subsection (k) below. This report shall include a map depicting the existing and known proposed location of telecommunication including telecommunication wireless towers, wireless telecommunication antenna attached to alternative tower structures, within a one-mile radius of the proposed site. This includes wireless telecommunication towers located within adjacent jurisdictions within the one-mile radius;

      (3)   The name, address and telephone number of the person to contact regarding site maintenance or other notification purposes. The tower owner shall periodically update this information; and

      (4)   A statement that indicates the applicant’s intent to allow the co-location of other antenna, provided that the cost of modifying the existing tower is borne by the co-locating entity and reasonable compensation is paid by the co-locating entity.

   (k)   Review criteria. A wireless telecommunication tower shall not be approved unless it can be demonstrated by the applicant that there is a need for the tower which cannot be met by placing wireless telecommunication antenna on an existing tower or other suitable structure, or placement of an existing tower:

      (1)   No existing towers or alternative tower structures have the structural capacity to support the proposed antenna, nor can existing towers or alternative tower structures be reinforced to support the proposed antenna;

      (2)   No existing towers or alternative tower structures are located within the geographic a that meets the system’s engineering requirements;

      (3)   The cost of using an existing tower or other suitable structure or replacing an existing tower exceeds the cost of constructing a new wireless telecommunication tower; or

      (4)   The installation or use of an alternative communication technology is unsuitable or infeasible.

   (l)   Removal of abandoned facilities. Any wireless telecommunication tower or antenna that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such tower or antenna shall remove the same within 90 days of receiving an abandonment notification from the City. Failure to remove an abandoned tower or antenna within 90 days shall be grounds for the removal of the tower or antenna at the owner’s sole expense.

   (m)   Bond. Applicant shall provide the City with proof of an annual performance bond in the amount of $7,500.00 to ensure that the applicant will comply with the provisions set forth in subsection (l) regarding the removal of an abandoned tower and/or antenna.

   (n)   Inspection. An inspection of the wireless telecommunication facility shall be required every two years after the completion of improvements. The inspection shall be carried out by the owner of the facility and shall certify the structural integrity of the wireless telecommunication facility. The inspection certification shall be submitted to the department budget, grants and development and filed with the site permit documents. If the Department of Budget, Grants and Development determines that an inspection has not been completed within the two-year time period, a notice will be sent to the owner. The owner shall have 30 days in which to comply with this requirement. If the inspection is not completed within the 30 days, the permit for the wireless telecommunication facility will be revoked.

(Ord. 3501, passed 10-14-2002; Ord. 3669, passed 11-28-2005)

   (a)   The Planning Commission may impose any conditions or limitations upon the establishment, location, construction, maintenance or operations of regulated use as may in its judgment be necessary for the protection of the public interest. Any evidence and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.

   (b)   Any special regulated use that ceases for more than 30 days shall not be resumed except by application and approval pursuant to § 50-162, unless the hiatus is caused by physical damage to the premises amounting to not more than 50% of the value thereof.

   (c)   No special regulated use may be expanded in any manner without approval of the Planning Commission.

   (d)   In the event of the death or documented long-term illness of the owner or owners of a special regulated use, a waiver of subsection (b) above may be granted by the Planning Commission at its sole discretion upon written request by the owner or the owner’s estate, at any regularly scheduled meeting within 90 days of the closure of the business.

(Ord. 2599, passed 4-25-1977; Ord. 2845, passed 7-26-1982; Ord. 3669, passed 11-28-2005)

   (a)   The special regulated uses itemized in this article shall be limited to the following zoning districts:

      (1)   Group “A” special regulated uses shall be allowed in D-6, E, F and G districts;

      (2)   Group “B” special regulated uses shall be allowed in D-5, D-6, E and F districts; and

      (3)   Group “C” special regulated uses shall be allowed in D-4, D-5, D-6, E and F Districts.

   (b)   Also, each special regulated use shall be subject to the specific requirements of each zoning district and all other applicable regulations.

(Ord. 2599, passed 4-25-1977; Ord. 3160, passed 2-25-1991; Ord. 3669, passed 11-28-2005)