Franklin City Zoning Code

CHAPTER 1265

Wireless Telecommunication Facilities

1265.01 PURPOSE.

The purpose of this chapter is to provide for and regulate wireless communications facilities pursuant to Section 514 of the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended (MCL 125.3101 et seq.) and to provide for and regulate small cell wireless facilities pursuant to the Small Wireless Communications Facilities Deployment Act, Michigan Public Act 365 of 2018, as amended (MCL 460.1301 et seq.).

A further purpose of this chapter is to protect the integrity, character, and aesthetic quality of Franklin's neighborhoods and the community at large, by mitigating the visual and environmental impacts associated with all types of wireless communication facilities.

(Ord. 98-41. Passed 3-16-98; Ord. 2004-04. Passed 12-13-04; Ord. 2013-10. Passed 10-14-13; Ord. 2026-02. Passed 1-12-26.)

1265.02 WIRELESS COMMUNICATION FACILITIES.

This section sets forth regulations for wireless communications facilities, excluding small cell wireless facilities.

(a) General Requirements. The following requirements shall apply to wireless communication equipment as addressed and defined in Section 514 of the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended (MCL 125.3514).

(1) Scenario A. Wireless communications equipment is a permitted use of property and is not subject to special use approval or any other approval if all the following requirements are met:

A. The wireless communications equipment will be collocated on an existing wireless communications support structure or in an existing equipment compound.

B. The existing wireless communications support structure or existing equipment compound is in compliance with the Village Zoning Ordinance or was approved by the Village Planning Commission.

C. The proposed collocation will not do any of the following:

1. Increase the overall height of the wireless communications support structure by more than twenty (20) feet or ten percent (10%) of its original height, whichever is greater.

2. Increase the width of wireless communications support structure by more than the minimum necessary to permit colocation.

3. Increase the area of the existing equipment compound to greater than 2,500 sq. ft.

D. The proposed collocation complies with the terms and conditions of any previous final approval by the Planning Commission.

(2) Scenario B. Wireless communications equipment is subject to special use approval, in accordance with Section 1268.32 of the Zoning Ordinance, if the equipment does not meet requirements "C" and "D" under Scenario A, but the equipment meets all of the following requirements:

A. The wireless communications equipment will be collocated on an existing wireless communications support structure or in an existing equipment compound.

B. The existing wireless communications support structure or existing equipment compound is in compliance with the Village Zoning Ordinance or was approved by the Village Planning Commission.

(3) Scenario C. Wireless communication equipment is subject to special use approval, in accordance with Section 1268.32 of the Zoning Ordinance if the proposal does not involve collocation (e.g., is a new facility).

(b) Approval Procedures. The following procedures have been established to achieve approval of a proposed wireless communications facility:

(1) Scenario A. Scenario A Wireless communication equipment proposals require no zoning approval. However, plans for Scenario A improvements shall be submitted to the Village.

(2) Scenario B. Standard B wireless communication equipment proposals require special use approval. Accordingly, such proposals are subject to the procedures in Section 1268.32 and the following special procedures.

Steps	Action
1.	Applicant submits plan and $1,000 fee.
2.	Within 14 days Village administration determines if application is complete.
3.	If application is incomplete, administration notifies applicant.
4.	If the application is complete, the administration initiates special use review by scheduling special use public hearing. Special use review must be complete sixty (60) days after the application is considered complete.
5.	Village Planner reviews plan, transmits a letter to Planning Commission.
6.	Planning Commission reviews plan, makes recommendation to Village Council.
7.	Village Council approves or denies application.

(3) Scenario C. Scenario C wireless communication equipment proposals require special use approval. Accordingly, such proposals are subject to the procedures outlined for Scenario B, except that in Step 4 the special use review must be complete not more than ninety (90) days after the application is considered complete.

(c) Requirements. All applications for wireless communication facilities that require special use approval shall be reviewed in accordance with the following standards and conditions. If approved, such facilities shall be constructed and maintained in accordance with such standards and conditions and any additional conditions imposed by the Planning Commission and Village Council.

(1) Public Health and Safety. Facilities and support structures shall not be detrimental to the public health, safety and welfare.

(2) Compliance with Federal, State and Local Standards. Wireless communication facilities shall comply with applicable federal and state standards, including requirements promulgated by the Federal Aviation Administration (FAA), Federal Communication Commission (FCC), and Michigan Aeronautics Commission. Wireless communication support structures shall comply with all applicable building codes.

(3) Maximum Height. Applicants shall demonstrate justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights. The maximum height of a 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) but shall not exceed one hundred twenty (120) feet. The buildings, cabinets, and other accessory structures shall not exceed twenty (20) feet in height.

(4) Minimum Setbacks. The setback of a new or modified support structure from any residential- zoned district or existing or proposed right-of-way or other publicly traveled road shall be no less than the total height of the structure and attachments thereto. A new support structure shall be set back a minimum of two hundred (200) feet from any residential dwelling.

Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential, the support structure shall comply with the required setbacks for principal buildings specified in the Schedule of Regulations for the zoning district in which the facility is located.

Buildings and facilities accessory to the wireless communication facility (other than the support structure) shall be set back a minimum distance of fifty (50) feet from all property lines.

(5) Access. Unobstructed permanent access to the support structure shall be provided for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. The permitted type of surfacing, dimensions and location of such access route shall be subject to approval by the Planning Commission, based on evaluation of the location of adjacent roads, layout of buildings and equipment on the site, utilities needed to service the facility, proximity to residential districts, disturbance to the natural landscape, and the type of vehicles and equipment that will visit the site.

(6) Division of Property. The division of property for the purpose of locating a wireless communication facility shall be permitted only if all zoning requirements, including lot size and lot width requirements are met.

(7) Equipment Enclosure. If an equipment enclosure is proposed as a building or ground-mounted structure, it shall comply with the requirements specified for principal buildings in the Schedule of Regulations for the zoning district in which the facility is located, except as noted in item (5), Minimum Setbacks. Equipment buildings shall have a brick exterior. If an equipment enclosure is proposed as a roof appliance on a building, it shall be designed, constructed, and maintained to be architecturally compatible with the principal building.

(8) Design Objectives. The support structure and all accessory buildings shall be designed to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. Accordingly, support structures shall be grey or white and shall not have lights unless required otherwise by the Federal Aviation Administration (FAA). Only monopole towers are permitted; lattice towers and towers with guy wires are prohibited. No signs or logos visible from off-site shall be permitted on a support structure.

(9) Fencing. Wireless communication facilities shall be enclosed by an open weave, green or black vinyl-coated, chain link fence having a maximum height of six (6) feet. Fencing shall comply with Section 1268.25 of the Village Code.

(10) Structural Integrity. Wireless communication facilities and support structures shall be constructed and maintained in structurally sound condition, using the best available technology, to minimize any threat to public safety.

(11) Maintenance. A plan for the long term, continuous maintenance of the facility shall be submitted. The plan shall identify who will be responsible for maintenance and shall include a method of notifying the Village if maintenance responsibilities change.

(12) Interference with Reception. Wireless communication facilities shall not interfere with television and radio reception in nearby areas.

(13) Signs. In the interest of public health, safety, and welfare, one (1) noncommercial sign up to two (2) square feet in area is required to identify the property and contact person. Signs shall comply with Chapter 1474 of the Village Code.

(d) Application Requirements.

(1) Site Plan and Special Use Review. A site plan prepared in accordance with Section 1268.30 shall be submitted, showing the location, size, screening and design of all buildings, outdoor equipment, and structures. Where the wireless communication facility is subject to special use approval the procedures and standards in Section 1268.32 shall be followed.

(2) Landscape Plan. A detailed landscaping plan shall be submitted illustrating the number, species, location, and size at the time of planting of all proposed trees and shrubs. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure.

(3) Structural Specifications. Structural specifications for the support structure and foundation shall be submitted for review. The structural specifications shall state the number of various types of antennae capable of being supported on the structure. A soils report prepared by a geotechnical engineer licensed in the State of Michigan shall also be submitted confirming that the soils on the site will support the structure. Structural plans shall be subject to review and approval by the Village Engineer.

(4) Security. The application shall include a description of security to be posted immediately upon issuance of a building permit for the facility to ensure the removal of the facility when it has been abandoned or is no longer needed, as previously noted. 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 Village 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 herein, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney's fees incurred by the Village in securing removal.

(5) Contact Person. The application shall include the name, address, and phone number of the person to contact for engineering, maintenance and other notice purposes. The Village shall be immediately informed about changes to this information for the life of the project.

(Ord. 2026-02. Passed 1-12-2026)

1265.03 SMALL CELL WIRELESS COMMUNICATION FACILITIES.

This section sets forth regulations for small cell wireless communications facilities as addressed and defined in the Small Wireless Communications Facilities Deployment Act, being MCL 460.1301 et seq.

(a) Definitions. Words and phrases used in Section 1265.03 shall have the meanings set forth below.

(1) A "small cell wireless facility" is a wireless facility that meets both of the following requirements:

A. Each antenna is located inside an enclosure of not more than six (6) 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 (6) cubic feet.

B. All other wireless equipment associated with the facility is cumulatively not more than twenty-five (25) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, communication demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

(b) Village Review Authority. Pursuant to the Small Wireless Communications Facilities Deployment Act (MCL 460.1301 et seq) the following activities are subject to Village review:

(1) Administrative review shall be required for the following activities:

A. Proposals to construct, maintain, modify, operate, or replace utility poles in the right-of- way, provided that the utility pole shall not exceed forty (40) feet above ground level and a small cell wireless facility shall not extend more than five (5) feet above the utility pole or wireless support structure.

B. Modifications to increase the power budget of existing facilities.

(2) Site plan review shall be required for the following activities:

A. Proposals to construct, maintain, modify, operate, or replace utility poles in the right-of- way, where the utility pole exceeds forty (40) feet above ground level or a small cell wireless facility extends more than five (5) feet above the utility pole or wireless support structure.

B. Proposals to construct, maintain, modify, operate, or replace utility poles that are not in the right-of-way.

(3) Routine maintenance and replacement of existing equipment are not subject to Village review, but the maintenance personnel may notify the Village Administrator that such activity is planned.

(1) Administrative review applications shall be submitted to the Building Department and reviewed in accordance with the following procedures:

Steps	Action
1.	Applicant submits application, plans and fee1
2.	Within 25 days (or as otherwise permitted in the Small Wireless Communications Facilities Deployment Act), the Building Official determines if application is complete.
3.	If application is incomplete, the Building Official notifies the applicant in writing, delineating missing documents or information.
4.	If application is complete, the Building Official initiates the review process and makes a decision to approve or deny the application within the time frames specified in Section 15(2)(h) of the Small Wireless Communications Facilities Deployment Act.
5.	The Building Official notifies the applicant in writing of the decision.
1 An application fee shall not exceed the amount specified in the Small Wireless Communications Facilities Deployment act.

(2) Site plan review applications are subject to the procedures in Sections 1268.30 and 1268.32 and the following special procedures:

Steps	Action
1.	Applicant submits application, plans and fee.*
2.	Within 30 days (or as otherwise permitted in the Small Wireless Communications Facilities Deployment Act) the Village Planner determines if application is complete.
3.	If application is incomplete, Village Planner notifies applicant in writing.
4.	If the application is complete, Village Planner initiates site plan review process by preparing written review. Village Council forwards application and plans to Planning Commission.
5.	Planning Commission reviews the application and plans and makes a recommendation to the Village Council.
6.	Village Council reviews the application and plans and makes a decision within the following time frames:
	• Application for a modification of a wireless support structure or installation of a small cell wireless facility: within 90 days of submittal of complete application
	• Application for a new support structure: within 150 days of submittal of complete application
* An application fee shall not exceed the amount specified in the Small Wireless Communications Facilities Deployment Act.

(d) Requirements. All applications for small cell wireless communication facilities shall be reviewed in accordance with the following standards and conditions. If approved, such facilities shall be constructed and maintained in accordance with such standards and conditions and any additional conditions imposed by the Planning Commission and Village Council.

(1) Public Health and Safety. Facilities and support structures shall not be detrimental to the public health, safety and welfare.

(2) Colocation. If there is a usable existing utility pole within seventy-five (75) feet, the applicant shall pursue colocation. The applicant shall use the alternate location if, as determined by the applicant, the applicant has the right to do so on reasonable terms and conditions and the alternate location does not impose unreasonable technical limits or significant additional costs. Additional justifiable reasons for not collocating include:

A. The existing utility pole does not have the structural capacity to support the small cell wireless communication facility, as documented by a Michigan registered professional engineer.

B. The proposed small cell wireless communication facility would cause interference that would affect the functionality of other facilities on the utility pole, as documented by a Michigan registered professional engineer.

C. The existing utility pole will not provide the height necessary for the small cell wireless communication facility to function properly within the proposed coverage area, as documented by a Michigan registered professional engineer.

D. Other technical reasons documented by a Michigan registered professional engineer.

(3) Location in the Historic District. Small cell wireless communication facilities proposed within a designated Historic District are subject to review and approval by the Franklin Historic District Commission, pursuant to Section 1230, and shall be subject to the following minimum requirements:

A. Such facilities shall not alter the character-defining features, distinctive construction methods, or original historic materials of any building in the Historic District. Any alteration made to an historic structure to accommodate a small cell wireless communication facility shall be fully reversible.

B. Small cell wireless communication facilities located in an Historic District shall be concealed within or behind architectural features or buildings, unless determined to be technically infeasible.

(4) Compliance with Federal, State and Local Standards. Small cell wireless communication facilities shall comply with applicable federal and state standards, including requirements promulgated by the Federal Communication Commission (FCC). Small cell wireless communication facilities and support structures shall comply with all applicable building codes.

(5) Maximum Height. A utility pole installed or modified to accommodate a small cell wireless communication facility shall not exceed forty (40) feet above ground level. A small cell wireless facility shall not extend more than five (5) feet above a utility pole or wireless support structure on which the small cell wireless facility is collocated. Proposals that exceed these maximum height requirements shall be subject to Special Approval, pursuant to Section 1268.32.

(6) Minimum Setbacks. The setback of a new or modified small cell wireless facility support structure from any residential structure shall be no less than the total height of the structure and attachments thereto.

Buildings and facilities that are accessory to the small cell wireless communication facility (other than the support structure), if not located in the public right-of-way, shall be set back a minimum distance of fifty (50) feet from all property lines.

Where a new or modified small cell wireless facility support structure abuts a parcel of land zoned for a use other than residential, the support structure shall comply with the required setbacks for principal buildings specified in the Schedule of Regulations for the zoning district in which the facility is located.

(7) Access. Unobstructed permanent access to the support structure shall be provided for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement (if the facility is not located in the public right-of-way). The permitted type of surfacing, dimensions and location of such access route shall be subject to approval by the Village Council, based on evaluation of the location of adjacent roads, layout of buildings and equipment on the site, utilities needed to service the facility, proximity to residential districts, disturbance to the natural landscape, and the type of vehicles and equipment that will visit the site.

(8) Division of Property. The division of property for the purpose of locating a small cell wireless communication facility on private property shall be permitted only if all zoning requirements, including lot size and lot width requirements, are met.

(9) Equipment Enclosure. If an equipment enclosure is proposed as a building or ground-mounted structure, it shall comply with the requirements specified for accessory structures in the Schedule of Regulations for the zoning district in which the facility is located, except as noted in item (6), Minimum Setbacks. If an equipment enclosure is proposed as a roof appliance on a building, it shall be designed, constructed, and maintained to be architecturally compatible with the principal building.

(10) Structural Integrity. Small cell wireless communication facilities and support structures shall be constructed and maintained in structurally sound condition to minimize any threat to public safety. Structural specifications for the support structure shall be submitted for review pursuant to the Building Code.

(11) Maintenance. The applicant shall identify who will be responsible for maintenance and emergencies and shall include a method of notifying the Village if maintenance responsibilities change. If a support structure is knocked down or damaged to the extent that it becomes a public health and safety concern, as determined by the Village Police Chief, then provisions shall be made to resolve the public health and safety concern within twenty-four (24) hours of notification.

(12) Radio Frequency Emissions. Small cell wireless communication facilities shall comply with applicable Federal and State standards relative to the environmental effects of radio frequency emissions.

(13) Right-of-Way Repair. The applicant shall repair all damage to the right-of-way directly caused by the activities of the wireless provider while occupying, constructing, installing, mounting, maintaining, modifying, operating, or replacing small cell wireless facilities, utility poles, or wireless support structures in the right-of-way, and to return the right-of-way to its functional equivalent before the damage.

(14) Signs. In the interest of public health, safety, and welfare, one (1) noncommercial sign up to two (2) square feet in area is required to identify the property and contact person. Signs shall comply with Chapter 1474 of the Village Code.

(e) Application Requirements.

(1) Site Plan Review. When required, a site plan prepared in accordance with Section 1268.30 by a professional engineer registered in Michigan shall be submitted, showing the location, size, and design of all features of the small cell wireless communication facility.

(2) Structural Specifications. Structural specifications for the support structure shall be submitted for review. Structural plans shall be subject to review and approval by the Village Engineer.

(3) Security. The applicant shall post security in accordance with the requirement of the Small Wireless Communications Facilities Deployment Act (MCL 460.1313).

(4) Contact Person. The application shall include the name, address, and phone number of the person to contact for engineering, maintenance and other notice purposes. The Village shall be immediately informed about changes to this information for the life of the project.

(5) Certificate of Compliance. Pursuant to the Small Wireless Communications Facilities Deployment Act (MCL 460.1315), the applicant shall submit a certificate of compliance with FCC rules related to radio frequency emissions from a small cell wireless facility.

(6) Other Agency Approvals. Small cell wireless communication facilities located in a public road right-of-way shall be subject to approval by the road agency that has jurisdiction over the road. Wireless communications facilities located in utility corridors shall be subject to approval of the utility that has jurisdiction over the utility corridor. Copies of such approvals shall be submitted to the Village prior to issuance of a building permit.

(7) Ownership. The application shall indicate the nature and extent of the applicant's ownership or lease interest in the property and/or structure upon which the facility is proposed for placement. Furthermore, the application shall specify the names and addresses of all persons with a legal ownership interest in the property and/or structure upon which the facility is proposed for placement.

(Ord. 2026-02. Passed 1-12-26)

1265.04 REMOVAL OF UNUSED OR OBSOLETE FACILITIES.

Wireless communications facilities permitted under Section 1265.02 or Section 1265.03 shall be subject to the removal requirements set forth in this Section.

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

(1) When the facility has not been used for one hundred eighty (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 no use.

(2) New technology becomes available that permits the operation of the communication system without the requirement of the support structure.

(b) The circumstances in which removal of a facility is required, as set forth in paragraph (1) above, may apply and be limited to portions of a facility.

(c) Upon the occurrence of one or more of the events requiring removal, the owner or users of the facility shall immediately apply for any required demolition or removal permits, and immediately proceed with and complete the demolition, removal, and site restoration.

(d) If the required removal of a facility or a portion thereof has not been lawfully completed within sixty (60) days of the applicable deadline, and after at least thirty (30) days written notice, the Village may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected and/or enforced from or under the security posted at the time application was made for establishing the facility.

(Ord. 2026-02. Passed 1-12-26.)

1265.99 PENALTY.

All violations of this chapter shall be municipal civil infractions and upon a determination of responsibility therefore shall be punishable by a civil fine of not more than five hundred dollars ($500.00) and such other sanctions as may be ordered pursuant to Section 202.99 of this Code.

(Ord. 2013-10. Passed 10-14-13; Ord. 2026-02. Passed 1-12-26.)