This subchapter shall be known and cited as the Wireless Telecommunications section of this chapter.

(Ord. 97-002, passed 6-16-97)

   (A)   It is the general purpose and intent of the city to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless telecommunication systems. However, it is the further purpose and intent of the city to provide for that authorization in a manner which retains the character, property values, public view, and aesthetic quality of neighborhoods and the community at large. In fashioning and administering the provisions in this subchapter, it is the intent to balance these potentially competing interests.

   (B)   In adopting these amendments to the Zoning Ordinance, and in recognition of the number of providers who have been authorized by the Federal Communications Commission (FCC) to provide wireless telecommunication services and coverage, it is the intent of the city to fully exercise the authority granted by law relative to the placement, construction and modification of wireless telecommunication facilities.

   (C)   It is further the purpose and intent of this subchapter to do the following.

      (1)   Require the City Council and the Planning Commission to regulate the location and efficient provision of sites for wireless communication facilities and services.

      (2)   Require the City Council and the Planning Commission to establish the zoning districts in which the number, shape, and area considered for the location of wireless telecommunication facilities and services be permitted by special land use, subject to conformance with applicable standards and conditions.

      (3)   Provide for regulations within those established districts which shall be imposed designating the uses for which wireless telecommunication facilities and services shall or shall not be erected or altered, permitted or excluded, or subjected to special regulations.

      (4)   Ensure that wireless telecommunication facilities and services are situated in appropriate locations and have appropriate relationships to other land uses, structures, and buildings.

      (5)   Limit inappropriate physical and aesthetic overcrowding of land activities and avoid adverse impacts upon the existing population, transportation systems, and other public service and facility needs.

      (6)   Facilitate adequate and efficient provision of sites for wireless telecommunication facilities and services.

      (7)   Promote the public health, safety, and welfare.

      (8)   Require adequate information about plans for wireless telecommunication facilities and services to allow the city to efficiently plan and zone their location.

      (9)   Minimize the overall number of new wireless telecommunication facilities in the city in the future by encouraging the use of existing structures for attached wireless telecommunication facilities where technically feasible through the use of colocation. The city recognizes that each licensed provider of a wireless communication facility must, by law, be permitted to locate sufficient facilities in order to achieve the objectives promulgated by the United States Congress. However, in light of the anticipated dramatic increase in the number of wireless communication facilities to occur as a result of the recent change of federal law and policy relating to the Federal Telecommunications Act of 1996, it is the intent of the city that all users should colocate on attached wireless telecommunication facilities and wireless telecommunication support structures in the interest of achieving the purposes and intent of this subchapter.

      (10)   Minimize the adverse impacts of technological obsolescence of wireless telecommunication facilities and services to include timely removal and/or conversion.

      (11)   Minimize the adverse impacts from the presence of relatively tall towers that have a low architectural and aesthetic appeal to most persons, recognizing that the absence of regulation would result in a material impediment to the maintenance and promotion of property values, and further recognizing that this economic component is an important part of the public health, safety and welfare. The city finds that the presence of numerous tower structures, particularly if located within residential areas, would decrease the attractiveness and destroy the character and integrity of the community, which would in turn have a negative impact upon property values.

      (12)   Minimize the negative visual impacts of wireless telecommunication facilities and services on the public view of the neighborhoods, community landmarks, historic sites and buildings, natural beauty areas, and public rights-of-way by establishing and using as few structures as reasonably feasible, and using structures which are designed for compatibility, including the avoidance of lattice structures that are unnecessary, taking into consideration the purposes and intent of this subchapter.

      (13)   Recognize that the public view and the view from sites and buildings is a major economic component of a property's value.

      (14)   Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined zoning districts. In such cases, it is likely that there will be greater adverse impact upon neighborhoods and areas within the city. Consequently, more stringent standards and conditions shall apply to the review, approval and use of such facilities.

      (15)   Provide for the submission of as-built drawings and photographs of at least three similar existing structures to the city with clearly identified and certified capacity for colocation and addition of equipment to facilitate the planning and administration of wireless telecommunication facilities and services.

      (16)   Provide for the submission of adequate cost, price and market information to permit administration of colocation.

      (17)   Permit the city to develop community-wide plans for wireless telecommunication facilities and services.

(Ord. 97-002, passed 6-16-97)

      Wireless telecommunication support structures (towers) and wireless telecommunication facilities (antennas) are permitted upon special land use approval, site plan review and approval, subject to the requirements of the adopted Master Plan, subject to the conditions hereinafter imposed in §§ 154.118 through 154.121, and subject further to the special land use procedures of §§ 154.415 through 154.417, Special Use Regulations, in all districts and if approved, constructed and maintained in accordance with the standards and conditions of this subchapter, and also subject to the following criteria and standards.

   (A)   Wireless telecommunication facilities shall be of a design such as a steeple, bell tower, flagpole, or other form which is compatible with the existing character of the proposed site, neighborhood, and general area, as approved by the Planning Commission, and shall comply with the colocation requirements of § 154.120 in all districts.

   (B)   Site locations shall be permitted on a priority basis on the following sites, subject to application of all other standards contained within this subchapter.

      (1)   Municipally owned sites.

      (2)   Other governmentally owned sites.

      (3)   Religious or other institutional sites.

      (4)   Public or private school sites.

   (C)   Monopole towers shall be permitted in lieu of an alternative design within the M-1 district and PR district, provided that the towers are set back at least 300 feet from public right of way and shall comply with the co-location requirements of § 154.120.

   (D)   No wireless telecommunication facilities shall be permitted on a privately-owned residential lot of record.

(Ord. 97-002, passed 6-16-97; Am. Ord. 06-002, passed 12-19-05) Penalty, see § 154.999

   All applications for wireless telecommunication facilities shall be reviewed in accordance with the following standards and conditions and, if approved, shall be constructed and maintained in accordance with these standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the Planning Commission at its discretion within the intent and purpose of this subchapter.

   (A)   All applications for the required permit to place, construct or modify any part or component of a wireless telecommunication facility shall include the following information.

      (1)   A site plan prepared in accordance with §§ 154.400 through 154.405, 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; and as-built drawings for all proposed attached wireless telecommunication facilities and/or wireless telecommunication support structures; and photographs of at least three similar existing structures

      (2)   A disclosure of what is proposed, demonstrating the need for the proposed wireless telecommunication support structure to be located as proposed, based upon the presence of one or more of the following factors.

         (a)   Proximity to an interstate highway or major thoroughfare.

         (b)   Areas of population concentration.

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

         (d)   Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstruction.

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

         (f)   Other specifically identified reasons creating need for the facility.

      (3)   The reason or purpose for the placement, construction or modification with specific reference to the provider's coverage, capacity and/or quality needs, goals and objectives.

      (4)   The existing form of technology being used and any changes proposed to that technology.

      (5)   As applicable, the planned or proposed and existing service area of the facility and the attached wireless telecommunication facility, and wireless telecommunication support structure height and type, and signal power expressed in effective radiated power (ERP) upon which the service area has been planned.

      (6)   The nature and extent of the provider/applicant's ownership or lease interest in the property, building or structure upon which facilities are proposed for placement, construction or modification.

      (7)   The identity and address of all owners and other persons with a real property interest in the property, buildings, or structure upon which facilities are proposed for placement, construction or modification.

      (8)   A map showing existing and known proposed wireless telecommunication facilities within the city, and further showing existing and known proposed wireless telecommunication facilities within areas surrounding the borders of the city in the location, and in the area, which are relevant in terms of potential colocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any proprietary information may be submitted with a request for confidentiality in connection with the development of governmental policy M.C.L.A. § 15.243(1)(g). This subchapter 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.

      (9)   For each location identified on the applicant/provider's survey maps and drawings, the application shall include the following information, if known, with the applicant/provider expected to exercise reasonable due diligence in attempting to obtain information through lawful means prior to application.

         (a)   The structural capacity and whether it can accommodate the applicant's facility, as proposed or modified.

         (b)   Whether property owner approvals exist or have been requested and obtained.

         (c)   Whether the location could be used by the applicant/provider for placement of its attached wireless telecommunication facility; if the location cannot be used, a disclosure of the technological considerations involved, with specific reference to how use of the location would prohibit the applicant/provider from providing wireless telecommunication services.

      (10)   A certification by a State of Michigan licensed and registered professional engineer regarding the ability of the structure to support the antennas and the manner in which the proposed structure will fall. The certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining appropriate setbacks to be required for the structure and other facilities.

      (11)   A description of the security to be posted at the time of receiving a building permit for the wireless telecommunication support structure to ensure removal of the structure when it has been abandoned or is no longer needed, as provided in § 154.121. The security shall, at the election of the city, be in the form of cash, surety bond, letter of credit, or an agreement in a form approved by the City Attorney and recordable at the office of the County Register of Deeds, a promise of the applicant and owner of the property to timely remove the facility as required under this subchapter, 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 city in securing removal, and the property shall provide security for the costs and fees.

      (12)   The site plan shall include a landscape plan where the wireless telecommunication support structure is being placed at a location which is not otherwise part of another site plan with landscaping requirements. The purpose of landscaping is to provide screening for the wireless telecommunication support structure base, accessory buildings and enclosure. In all cases there shall be fencing of at least eight feet in height which is required for the protection of the tower.

      (13)   Evidence of site plan approval from the Federal Aviation Administration, if required due to a site's proximity to the Detroit Metropolitan Wayne County Airport, or evidence that approval is not required.

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

(Ord. 97-002, passed 6-16-97) Penalty, see § 154.999

   (A)   The wireless telecommunication support structure shall not be injurious to the neighborhood or otherwise detrimental to the public safety and welfare. The wireless telecommunication support structure shall be located and designed to be harmonious with the surrounding areas, and to be aesthetically and architecturally compatible with the natural environment, as well as the environment as altered by development.

   (B)   The maximum height of all new or modified attached wireless telecommunication facilities and wireless telecommunication support structures shall be 60 feet within 300 feet of Ford and Middlebelt Road right-of-way and 120 feet anywhere else in the city, or the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to colocate on the structure), whichever is less, to the satisfaction of the Planning Commission, or lower heights as approved by the Federal Aviation Administration. The applicant shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights. The accessory building contemplated to enclose such items as switching equipment shall be limited to the maximum height for accessory structures within the respective district.

   (C)   Where the wireless telecommunication support structure abuts a parcel of land zoned for other than residential purposes, the minimum setback of the wireless telecommunication support structure and accessory structures shall be in accordance with the required setbacks for the main or principal buildings as provided in the schedule of regulations for the zoning district in which the wireless telecommunication support structure is located.

   (D)   There shall be an unobstructed access to the wireless telecommunication support structure for operation, maintenance, repair and inspection purposes, which may be provided through an easement. This access shall have a width and location determined by such factors as the location of adjacent thoroughfares and traffic circulation within the site; utilities needed to service the wireless telecommunication support structure 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.

   (E)   The division of property for the purposes of locating a wireless telecommunication support structure is prohibited unless all zoning requirements and conditions are met.

   (F)   The Zoning Board of Appeals may grant variances only for the setback requirements of a wireless telecommunication support structure, provided that the proposed location will reduce its visual impact on the surrounding area, or for the colocation requirements of § 154.120.

   (G)   Where a wireless telecommunication facility is proposed on the roof of a building with the equipment enclosure 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, provided that the accessory building conforms with all district requirements for principal buildings, including yard setbacks and building height.

   (H)   The Planning Commission shall, with respect to the color of the wireless telecommunication support structure and all accessory buildings, review and approve 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 telecommunication facility in a neat and orderly condition, recognizing its highly visible nature.

   (I)   Wireless telecommunication support structures shall be constructed in accordance with all applicable building codes and shall include the submission of a professional soils report from a geotechnical engineer licensed in the State of Michigan. This soils report shall include soil borings and

statements indicating the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.

   (J)   A maintenance plan, and any applicable maintenance agreement, shall be presented as part of the site plan for the proposed facility. The plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard.

   (K)   Wireless telecommunication facilities shall comply with applicable federal and state standards relative to electromagnetic fields.

(Ord. 97-002, passed 6-16-97) Penalty, see § 154.999

   If a provider fails or refuses to permit colocation on a facility owned or otherwise controlled by the provider, where colocation is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of and in direct contradiction to the basic policy, intent and purpose of the city. The provisions of this section are designed to carry out and encourage conformity with the policy of the city.

   (A)   Any proposed commercial wireless telecommunication support structures shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's attached wireless telecommunication facility and comparable attached wireless telecommunication facilities of additional users. Wireless telecommunication support structures must be designed to allow for future rearrangement of attached wireless telecommunication facilities upon the wireless telecommunication support structure and to accept attached wireless telecommunication facilities mounted at varying heights.

   (B)   A proposal for a new wireless telecommunication support structure shall not be approved unless and until it can be documented by the applicant that the telecommunications equipment planned for the proposed wireless telecommunication support structure cannot be feasibly colocated and accommodated on an existing or approved wireless telecommunication support structure or other existing structure due to one or more of the following reasons.

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

      (2)   The planned equipment would cause interference materially impacting the usability of other existing or planned equipment on the wireless telecommunication support structure or other existing structure as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost.

      (3)   Existing or approved wireless telecommunication support structures and buildings within the search radius cannot accommodate the planned equipment at a height necessary for the coverage area and capacity needs to reasonably function as documented by a qualified and licensed professional engineer.

      (4)   Other unforseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing wireless telecommunication support structure or building.

   (C)   Colocation shall be deemed to be feasible for purposes of this section where all of the following are met.

      (1)   The provider entity being considered for colocation will undertake to pay market rent or other market compensation for colocation.

      (2)   The site on which colocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.

      (3)   The colocation being considered is technologically reasonable, e.g., the colocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like.

      (4)   The height of the structure necessary for colocation will not be increased beyond a point deemed to be permissible by the city, taking into consideration the several standards contained within this section.

   (D)   If a party who owns or otherwise controls a wireless telecommunication support structure shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible colocation, the 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.

   (E)   If a party who owns or otherwise controls a facility shall fail or refuse to permit a feasible colocation, and this requires the construction and/or use of a new wireless telecommunication support structure, the party failing or refusing to permit a feasible colocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of this subchapter, and, consequently that party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless telecommunication support structure within the city for a period of five years from the date of the failure or refusal to permit the colocation.

(Ord. 97-002, passed 6-16-97) Penalty, see § 154.999

   When a wireless telecommunications facility has not been used for 180 days or more, or six months after new technology is available which permits the operation of a wireless telecommunications facility without the requirement of a wireless telecommunication support structure, all and/or part of the wireless telecommunications facility shall be removed by the users, owners of the wireless telecommunications facility. For the 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 non-use. The situation(s) in which removal of a wireless telecommunications facility is required may be applied and limited to a portion of the facility.

   (A)   Upon the occurrence of one or more of the events requiring removal, persons who had used the wireless telecommunications facility shall immediately apply for and secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the condition which existed prior to the construction of the wireless telecommunications facility.

   (B)   If the required removal of the wireless telecommunications facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days written notice, the city may enter upon the premises and remove or secure the removal of the facility or required portions thereof, with its actual costs and reasonable administrative charges to be drawn or collected from the security posted at the time application was made for establishing the wireless telecommunications facility.

(Ord. 97-002, passed 6-16-97) Penalty, see § 154.999