a.

Only uses which have been designated as Special Uses in each respective zoning district shall be considered for approval as Special Uses.

b.

All uses of land or structures which are designated as Special Uses in this Ordinance shall require the granting of a Special Use Permit in accordance with the procedures of Subsection 4.2 of this Ordinance prior to the issuance of a Building Permit or a Certificate of Occupancy.

c.

A request for the approval of a Special Use Permit may be considered, provided the following conditions are assured:

1.

The proposed use will comply with all special regulations as well as complying with all appropriate regulations applicable to the district.

2.

The proposed use is in harmony with the purpose and intent of this Ordinance.

3.

The proposed use will not adversely affect the health and safety of the public and the workers and residents of the area and will not be detrimental to the use or development of adjacent properties or of the general neighborhood.

4.

The proposed use will comply with all applicable laws, ordinances and regulations of the City of Harrison, Clare County and the State of Michigan.

d.

The Planning Commission may impose additional conditions and stipulations which are deemed necessary for the protection of the neighborhood and the health, safety, and general welfare of the public.

e.

Approval of a request for a Special Use Permit shall not be granted if any official or the Planning Commission of the City of Harrison finds that such Special Use would fail to comply with any requirements of this Ordinance.

f.

The Planning Commission may require that the applicant requesting authorization for a Special Use furnish any engineering of architectural drawings, specifications, site plans, impact statements, operating plans or any other reasonable data or information deemed necessary to completely clarify the proposed Special Use.

g.

In any case where a Special Use has not been established within one (1) year after the granting or approval of the Special Use Permit, then without further action by the Planning Commission, the Special Use Permit or the Certificate of Occupancy shall be canceled.

h.

Violations of this section or of any other portions of this Ordinance shall result in the automatic cancellation of the Certificate of Occupancy. Reinstatement may be made by the Zoning Administrator when violation(s) has been corrected.

4.2.1

Initiation of request for special use. Any person owning or having an interest in property in the City of Harrison may initiate a request to operate or maintain a Special Use in the City of Harrison by submitting an application for a Special Use Permit.

4.2.2

Application for special use permit. An application for a Special Use Permit shall be filed with the Zoning Administrator on a prescribed form. The application shall be accompanied by a site plan as required under Article 9 and shall include such plans, drawings or other data furnished by the applicant including a written statement by the applicant. Such plans, data and statement shall indicate in necessary detail the type of use, size, location and estimated time until occupancy of the proposed use.

4.2.3

Review of application by zoning administrator. The Zoning Administrator shall review the application and supporting documents and indicate, by endorsement, that the application is complete and has been properly executed. The Zoning Administrator will also bring in other departments as needed to ensure the application meets all relevant agency standards and codes. Application is then forwarded to Planning Commission for review, hearing and action.

4.2.4

Review and hearing by planning commission. Upon receipt, in proper form, of the Special Use application, the Planning Commission shall review said application to ensure that all conditions of this section have been complied with. The Planning Commission shall hold at least one (1) public hearing on each application for a Special Use Permit. Notice of said hearing shall be in accordance with the Michigan Zoning Enabling Act.

4.2.5

Review and decision by planning commission. Following the Public Hearing on the Special Land Use request the Planning Commission, based on its review of the request and considering all requirements necessary for the approval of the Special Land Use request may deny, approve, or approve with conditions the request for the Special Land Use. The decision on a Special Land Use shall be incorporated in a statement of conclusions relative to the Special Land Use under consideration. The decision shall specify the basis for the decision and any conditions imposed.

Before formulating recommendations for a special land use application, the Planning Commission shall require that the following general standards below and any specific standards for uses listed in Section 4.4 through Section 4.14 be satisfied. The Planning Commission shall review each application for the purpose of determining that each proposed use meets the following standards:

a.

Compatibility with the Master Plan: The proposed special land use shall be compatible with and in accordance with the general goals and objectives of the City of Harrison Master Plan and any associated sub-area and corridor plans.

b.

Compatibility with Adjacent Uses: The special land use shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area. In determining whether a special land use will be harmonious and not create a significant detrimental impact, as compared to the impacts of permitted uses, consideration shall be given to the degree of impact the special land use may have on adjacent property, as compared with the expected value to the City. The following types of impacts shall be considered:

1.

Use activities, processes, materials, equipment, or conditions of operation;

2.

vehicular circulation and parking areas;

3.

outdoor activity, storage and work areas;

4.

hours of operation;

5.

production of traffic, noise vibration, smoke, fumes odors, dust, glare and light;

6.

impacts on adjacent property values; and

7.

the relative ease by which the impacts above will be mitigated.

c.

Impact of Traffic on the Road Network: The location and design of the proposed special land use shall minimize the negative impact on the traffic network in consideration of items such as vehicle trip generation (i.e. volumes), types of traffic, access location and design, circulation and parking design, road capacity, traffic operations at proposed access points, and traffic operations at nearby intersections and access points. Efforts shall be made to ensure that multiple transportation modes are safely and effectively accommodated in an effort to provide alternate modes of access and alleviate vehicular traffic congestion.

d.

Impact on Public Services: The proposed special land use shall be located where it can be adequately served by essential public facilities and services, such as highways, streets, pedestrian or bicycle facilities, police and fire protection, drainage systems, refuse disposal, water and sewage facilities and schools. Whenever possible, such services shall be provided and accommodated without excessive additional requirements at a public cost.

e.

Compliance with Zoning Ordinance Standards: The proposed special land use shall be designed, constructed, operated and maintained to meet the stated intent of the zoning districts and shall comply with all applicable ordinance standards.

f.

Impact on the Overall Environment: The proposed special land use shall not have an unacceptable significant adverse effect on the quality of the natural environment in comparison to the impacts associated with typical permitted uses.

g.

Licensing: The application shall comply with all applicable licensing ordinances.

h.

Additional Provisions: The Planning Commission may stipulate such additional conditions and safeguards deemed necessary for the general welfare for the protection of individual property rights, and for ensuring that the intent and objectives of this Ordinance will be observed. The breach of any condition, safeguard, or requirement shall automatically invalidate the granting of the special land use.

i.

Special Land Use Specific Requirements: The general standards and requirements of this Section are basic to all uses authorized by special land use. The specific and detailed requirements must be met by those uses in addition to the foregoing general standards and requirements where applicable.

In addition to meeting the General Standards, the following uses listed below shall also meet the Specific Standards:

a.

Public Utility Facilities

b.

Nursing Homes

c.

Gasoline Service Stations

d.

Warehousing, Storage, and Junkyards

e.

Drive-thru Services

f.

Open Air Markets

g.

Bed and Breakfasts

h.

Adult Entertainment Businesses

i.

Mobile Homes

j.

Industrial Park Site

a.

The public utilities facility may be located within the district when operating requirements are necessary to serve the immediate vicinity.

b.

Any lighting on the premises for yard lighting, sign lighting or other similar types of exterior lighting shall be a white, steady light with the source not visible off the premises.

c.

Surrounding grounds may be used for the temporary parking of service or maintenance vehicles or for parking of employees or attendance vehicles while driver is on the premises, but shall not be used for the storage of equipment, supplies, or construction, or operating materials.

d.

Any property line abutting a residential lot or parcel shall be screened with an ornamental fence, wall or planted materials. Said screen shall obscure vision and provide separation between the two uses.

a.

Nursing homes include convalescent homes, homes for the care of the sick or similar places which provide room and board for bedridden patients excluding hospitals.

b.

Off-street parking shall be provided in the rear yard only at a ratio of one (1) space for each two hundred (200) square feet of usable floor area in the building. Entrance/exit drives shall be provided to permit safe and convenient access between parking areas and approved private or public streets.

c.

Any lighting on the premises, for parking areas, yard lighting, sign lighting or other types of exterior lighting shall be a white steady light with the source not visible off the premises.

d.

Any parking or drive areas which are within a required yard abutting a residential lot shall be screened with an ornamental fence or wall or planted materials such as trees or shrubs which shall obscure vision and provide separation between the two uses. Said screen shall be a minimum of five (5) feet in height.

a.

The lot accommodating a gasoline service station shall have a minimum area of forty-thousand (40,000) square feet with a minimum width of two-hundred (200) feet.

b.

Parking and storage areas and drives may be located within any required yard.

c.

All sales, services and storage shall be within an enclosed building, with the exception of parking and loading areas.

d.

All drives and parking areas shall be paved and well drained.

e.

Any gasoline service station which abuts a residential property shall be screened with an ornamental fence or wall or planted materials which shall obscure vision and provide separation between the uses.

f.

Drives shall be located so as not to create a traffic hazard between vehicles entering or leaving the service station and vehicles traveling on adjacent streets.

a.

Any buildings, fences, or walls shall be located no closer than fifty (50) feet from any property line.

b.

Any scrap, waste, junk or refuse material and any inoperable mechanical equipment shall be stored in a building.

c.

Any operable mechanical equipment and any materials not classified as scrap, junk or waste may be stored in open yards provided that said equipment or materials are located no closer than 100 feet from any property line.

d.

The property shall be screened with an ornamental fence or wall or planted materials such as trees or shrubs which shall obscure vision and provide separation between the two uses. Said screen shall be a minimum of five (5) feet in height.

e.

Storage yards shall be graded to provide adequate drainage and shall be surfaced with compacted stones or gravel or with a hard surfaced material.

f.

Any lighting on the premises for parking areas, yard areas, sign lighting or other similar types of exterior lighting shall be a white steady light with the source not visible off the premises.

g.

There shall be no burning of any waste, scrap, junk, or any other similar materials on the premises.

a.

A drive-thru service must be accessory to a principal use on the same parcel.

a.[b]

Each drive-thru window shall be served by a paved drive.

b.[c]

Entrance to a drive-thru window shall be from an off-street drive or parking lot which shall permit the accommodation of a minimum of four cars.

c.[d]

Exit from a drive-thru window shall be to a minor street or to a major street with a service drive or service lane.

d.[e]

The required off-street parking area for the facility shall not be used for drives to the drive-thru windows.

a.

The market shall not have a negative impact on surrounding properties related to visibility, accessibility, traffic flow, parking and other site related issues.

b.

All parking should be accommodated on-site.

c.

All products sold at the market shall be agricultural and/or locally crafted and shall be in compliance with all applicable laws and codes of the City of Harrison, Clare County, the State and the Federal Government.

d.

The market shall promote economic development in the City of Harrison.

e.

Any lighting provided for the open air market shall be located on premises, shall be a steady white light with the source not visible off the premises.

f.

An appropriate time frame for the market with a specific starting and ending time must be agreed upon by the City.

g.

The market shall be immediately cleaned up at the conclusion of the market/event.

a.

The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the operator and said operator shall live on the premises when the bed and breakfast operation is active.

b.

All premises used for a bed and breakfast operations must comply with all relevant building code and sanitary regulations.

c.

Minimal outward modification of the structure may be made only if such changes are compatible with the character of the structure and the intent of the zoning district in which the bed and breakfast is located. Any modifications are subject to architectural review by the Planning Commission at the time of Special Use permit review.

d.

Each operator shall keep a log of the names of all persons staying at the bed and breakfast inn operation. The log shall show the name, arrival and departure dates of all guests. Such log shall be available for inspection by City officials at any time. The maximum stay for any occupants (other than the owner and family) of bed and breakfast operations shall be fourteen (14) days.

e.

No portion of any bed and breakfast shall be operated in any garage.

f.

No cooking facilities shall be permitted in any of the rooms available for rent.

g.

In the event of a small gathering or event, twenty people or less, a light meal may be served to guests not staying at the Bed and Breakfast. The structure shall remain a residential structure, i.e. the kitchen shall not be remodeled into a commercial kitchen.

h.

The maximum number of rooms which may be rented is five (5) unless it can be shown that the structure and/or parcel is of sufficient size to contain more rooms while meeting the purpose of the article.

(amend. by ord. no. 2020-2, adopt Jan. 13, 2020)

Special regulation is needed to ensure these uses are not concentrated in any one area, thus, preventing adverse effects upon the surrounding neighborhood, such as blight and urban deterioration, negative effects on economic development potential, social disorder and crime, negative effects on community standards for aesthetics, the reduction of property values, and the subsequent negative impact on the community tax base. The primary objective is to prevent a concentration of these uses by establishing spacing standards and, thus, ensuring disbursement of these uses throughout the community. Uses subject to these controls are as follows:

a.

Adult book stores, adult novelty stores, or adult video stores;

b.

Adult cabarets;

c.

Adult motion picture theaters;

d.

Nude or semi-nude model studios; and

e.

Sexually oriented businesses.

a.

Adult entertainment businesses shall not be approved if there is already in existence, one or more adult entertainment businesses within 1,500 feet of the proposed business.

b.

Adult entertainment businesses shall not be approved if the proposed location is within 1,000 feet of any residential district; 1,500 feet of any licensed day-care facility, adult foster-care home, senior citizens' center, park, or church; or 2,650 feet from any K-12 school.

Hotel and motels exceeding 35 feet in height may be permitted in the event that the developer reaches an agreement with surrounding jurisdictions to secure fire emergency response and suppression services.

INTENT: While Mobile Homes offer an alternative to conventional single-family housing in such areas as structural design, facility arrangement and cost; they can have potential adverse impacts on a residential neighborhood because of marked differences from single-family housing in design, placement, structure and site size, and fire and wind resistance. Generally, mobile homes have been restricted to locations within mobile home parks, positioned at areas specifically zoned for them, in order to assure compatibility with nearby residential uses. However, through the application of certain standards, mobile homes and mobile home sites may be designed to more closely resemble nearby conventional housing and be permitted outside mobile home parks and within residential zoning districts.

The Planning Commission shall have the discretion to permit, as a use, one-family dwelling units (mobile homes), based upon the following standards:

a.

Mobile homes shall be excluded from a residential district of site built homes when a mobile home fails to satisfy reasonable standards designed to assure a favorable comparison. Mobile home dwelling units shall be permitted, provided:

1.

Such dwelling units shall be in harmony of appearance and quality of materials and landscaping with surrounding dwelling units in the area. "Surrounding Area" shall mean all dwelling units within three hundred fifty (350) feet in any residential district in all directions from the lot on which such dwelling unit is to be located. In those instances where no site built dwelling units or pre-manufactured, or mobile home dwelling units approved under this Section, exist within the required distance above set forth, the surrounding area shall then mean the first three (3) dwelling units nearest the site in all directions.

2.

Such dwelling units shall conform to the applicable requirements of the Pre-manufactured Unit Rules of the State Construction Code, being Section 6 of Act 230 of the Public Acts of 1972, as amended, including the display of a manufacturers data plate, or the display of the HUD Construction Code Standards for Mobile Homes.

3.

Such dwelling units shall be permanently attached to a perimeter foundation, except that in those instances where the applicant elects to set the dwelling on piers or when the type of unit requires placement of an under frame on piers or other acceptable foundations which are not at the perimeter of the dwelling, then a perimeter wall shall also be constructed. Any such perimeter wall shall be constructed of durable materials and shall also meet all local requirements with respect to materials, construction and necessary foundations below the frost line. Any such wall shall, furthermore, provide an appearance which will be compatible with the dwelling itself and with the site built homes in the surrounding area. Where a perimeter wall is used, the wall shall extend upwards from the ground to a point uniformly three (3) inches below the base of the perimeter wall of the dwelling. A flange attached to the base of the dwelling wall shall extend along the outside of the perimeter wall not more than six (6) inches on all sides of the dwelling. The wheels and towing mechanisms shall be removed. The latter to the extent that it is not visible beyond the perimeter wall.

4.

Such dwellings shall have a minimum width of at least fourteen (14) feet on at least one (1) side within any single vertical plan (through section), and a minimum living area of not less than seven hundred and twenty (720) square feet, excluding any attached living areas, carports, garages, screened or open porches or patios.

5.

Such dwellings shall have a roof with a pitch of not less than that of a majority of the dwellings in the surrounding area.

6.

Such dwellings shall be constructed with materials approved by the State Construction Code of HUD Standards for Mobile Homes.

7.

Such dwellings shall consist of windows and doors that are of the same general construction and quality as exists in homes in the surrounding area.

8.

Such dwellings shall have a storage area capability either in a basement located under the dwelling, in a utility room, in an office, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal structure, which storage shall be equal to ten (10) percent of the square footage of the dwelling. Any separate structure used for storage shall be located in compliance with the various other provisions of the Zoning Ordinance.

a.

Before a building permit for an industrial park site will be issued the owner and/or builder must submit the following material to Planning Commission for review and comment:

1.

A detailed site plan as required under Article 7: Site Plan Review, and including at a minimum, the location of all buildings, improvements, signage, parking spaces, loading zones, walls or fencing, lighting and landscaping.

2.

Engineering/architectural plans for all buildings and utilities i.e., water, sewer, gas and electricity.

3.

A description of the operation including, but not limited to, type of activity, number and type of employees, hours of operation, water and sewer usage, solid waste disposal needs, air pollution, noise and vibration levels as measured at the property line, handling of hazardous materials and any health or safety hazards.

4.

The proposal shall be submitted to the Harrison Area Economic Development Corporation for their review and comment; such written comments shall be submitted to the Planning Commission for their consideration prior to approving the site plan.

b.

Outdoor storage of equipment, raw materials, semi-finished products may be permitted only when such outdoor storage is necessary and incidental to the operations being carried on in the building located on the site. No storage shall be permitted within any required yard. All storage shall be shielded by fence or landscaping so as to screen such storage area from public streets and adjoining properties.

c.

All building site area not used for buildings, roads, parking, loading and storage area shall be landscaped. It shall be done attractively with lawn, trees, shrubs, etc., and be properly maintained thereafter.

d.

In the event that an Industrial Use is located within 100 ft. of an established Residential Use, after the enactment of this Ordinance, it shall be required, that, in order for the Industrial Use to become operative, there shall be, on the Industrial Use property a combination of the following:

1.

A solid fence no less than six feet (6') in height set back from the property line no less than three feet (3'). In the event that an Industrial Use is adjacent to a Commercial Use there shall be on the industrial property a fence no less than six feet (6') in height or a solid wall no less than six feet (6') in height or a buffer zone as defined in this Ordinance no less than ten feet (10') in width.

2.

Any industrial park building permit shall become null and void if construction has not begun within one year from date of approval. Building construction must begin within twelve (12) months from the date of property acquisition and be completed within twelve (12) months from the start of construction.

3.

All principal structures must be of new steel or other metal, masonry and glass construction and all exposed concrete block or metal must be painted within sixty (60) days after date of occupancy except those materials not normally painted or prefinished.

4.

Walls and fences must be built within setback requirements and require prior approval of the Harrison Area Economic Development Corporation and county building inspector.

5.

Signs shall be permitted, but sign lighting or other similar types of exterior lighting shall be a white steady light with the source not visible off the premises.

6.

When an industrial park site fronts on two (2) streets, the Harrison Area Economic Development Corporation will determine which side of the property is the front yard.

e.

ODORS: The emission of obnoxious odors that negatively impact public health, safety and general welfare are not permitted.

f.

GASES: No gas shall be emitted which is detrimental to the public health, safety and general welfare.

g.

GLARE AND HEAT: Glare and heat from arc welding, acetylene torch cutting or similar processes shall not be seen from any point beyond the outside of the property.

h.

FIRE AND SAFETY HAZARDS: The storage and handling of flammable liquids, liquefied petroleum gases and explosives shall comply with State rules and regulations as established in Public Act No. 207, P.A. of 1941, as amended. Bulk storage of flammable liquids, liquefied petroleum gases and explosives will be permitted below ground only.

i.

NOISE: Noise shall not be determined to cause a disturbance to the surrounding neighborhood and shall not exceed 80dB(A) as measured from the property line between 6 A.M. and midnight and shall not exceed 75dB(A) between midnight and 6 A.M.

(a)

Purpose and goals. The purpose of this section is to establish guidelines for the siting, use, and maintenance of wireless telecommunications towers and antennas. The goals of this section are to:

(1)

Protect residential areas, park or recreation areas, and protect future land uses from potential adverse impacts of towers and antennas.

(2)

Protect the public health and safety.

(3)

Permit telecommunications facilities within city boundaries as required by law.

(4)

Minimize the total number of towers throughout the city by encouraging the joint use of existing and new tower sites.

(5)

Require users of towers and antennas to configure or shield them in a way that minimizes the adverse visual impact of the towers and antennas.

(6)

Avoid potential damage to adjacent properties from tower failure.

(7)

Provide for the maintenance of existing facilities as well as timely removal of obsolete, unused or abandoned facilities.

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

(b)

Applicability. Wireless communications equipment is a permitted use of property and is not subject to special land use approval or any other approval under this ordinance if all of the following requirements are met:

(1)

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

(2)

The existing wireless communications support structure or existing equipment compound is in compliance with the City's zoning ordinance or was approved by the appropriate City zoning body or official.

(3)

The proposed collocation will not do any of the following:

(i)

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

(ii)

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

(iii)

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

(4)

The proposed collocation complies with the terms and conditions of any previous final approval of the wireless communications support structure or equipment compound by the appropriate zoning body or official of the City.

(c)

Applicability Special Use. Wireless communications equipment that will be collocated on an existing wireless communication support structure or in an existing compound and is in compliance with the City's Zoning Ordinance or was approved by the City but does not comply with the height requirements, width requirements, area requirements, or the previous approval of the wireless communications support structure as set forth in (b) (3) and (4) above, shall be subject to a special land use approval in accordance with the terms of this section and the overall site plan requirements of this ordinance. New wireless communications equipment shall be subject to special land use approval, as set forth above, except as provided in Section 20.925.

(d)

Exemptions.

(1)

Amateur radio station operators. This section shall not govern any tower, or the installation of any antenna, that is owned and operated by a federally licensed amateur radio station operator. Amateur radio towers will be governed by maximum heights for non-attached structures in appropriate districts, as required elsewhere in this Ordinance.

(2)

Receive only antennas. This section shall not govern any receive only antenna or tower installed and used by an individual to receive a fixed-wireless data signal at only a single location, except receive only antennas or towers shall meet the following conditions:

a.

A tower or antenna is permitted only as an accessory use in all districts.

b.

The tower or antenna height shall not exceed 50 feet.

c.

The tower shall be setback from all property lines the minimum of the tower height or the underlying setbacks of the district, whichever is greater.

d.

Guy wires are not permitted on the tower.

e.

The tower shall be equipped with an anti-climbing device.

f.

No ground equipment or additional buildings are permitted to accommodate the tower or antenna.

g.

No antenna or structure shall extend more than six feet horizontally from the tower.

h.

A certificate of zoning compliance is required prior to constructing the tower.

i.

The antenna or tower shall not be used to retransmit a data signal to multiple individuals' locations.

(3)

Preexisting towers and antennas. Towers and antennas that existed prior to enactment of this Ordinance shall not be required to meet the requirements of this section, other than any applicable requirements elsewhere in this ordinance.

(4)

Small cell wireless facilities are exempt from this ordinance. See Section 20.925.

(5)

Installing a cable microcell network through 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.

(e)

[Special use application and approval process necessary for equipment.] An application for special land use approval of wireless telecommunications equipment described in section (c) above shall be subject to a special use application and approval process as set forth in this ordinance.

(1)

A site plan as required by this ordinance, including a map of the property and existing proposed buildings and other facilities shall be submitted in accordance with City Code Chapter 52, Article VII, Site Plan Review.

(f)

Determination of an administratively complete application. After an application for a special land use approval is filed with the City, the City shall determine whether the application is administratively complete. Unless the City determines that the application is administratively incomplete as set forth in this provision, the application shall be considered to be administratively complete fourteen days after the City receives the application or makes a determination, whichever is first.

If before the expiration of the fourteen day period, the City official responsible for approving the special land uses notifies the applicant that the application is not administratively complete, the notification must 1) specify the information necessary to make the application administratively complete, 2) or notify the applicant that a fee required to accompany the application has not been paid and specific the amount due. If notification is given under this subsection, the running of the fourteen day period to determine whether the application was administratively complete is tolled, until the applicant submits to the body or official the specified information or fee amount due. All notices under this section shall be given in writing or by electronic notification.

Time. The City shall approve or deny the special land use application not more than ninety days after the application is considered to be administratively complete. If the City fails to timely approve or deny the application, the application shall be considered approved and the body or official shall be considered to have made any determination required for approval, subject to notice by the applicant as required by MCL 125.1315(2).

(g)

Conditions. Special land use approval of wireless communication equipment may be made conditional only on the equipment meeting the requirements of local ordinance, and state and federal laws before the equipment begins operation.

(h)

Requirements for Special Uses Defined in Section (c) above.

(1)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(2)

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, road frontage 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.

(3)

Inventory of existing sites and justification of new sites. Each application for an antenna and/or tower shall provide to the city an inventory of existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within three miles of the border thereof, including specific information about the location, height, and design of each tower. The city may share such information with other applicants applying for siting approvals under this Ordinance, provided however that the city is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. In addition, the applicant shall supply a written statement from an independently hired radio frequency professional that justifies the need for the proposed new site by describing the unsuitability of existing towers for the proposed use.

(4)

Height. Overall heights for new towers and antennas shall meet the following requirements:

a.

Maximum height for a single-user tower is 150 feet. A single-user tower must have a foundation capable of supporting a tower with a height of 195 feet, to facilitate possible future tower height extension in the event of colocation by other users.

b.

Maximum height for a tower with allowances for multiple users is 195 feet. The applicant must provide written assurance, verifying that there are reasonable provisions (including the tower, the equipment structure plan, and site location) for colocation by two other users. In addition, the applicant must provide written assurance that permission to co- locate will be granted for compensation at the prevailing market rate. Suitability of this documentation will be assessed by the zoning administrator (for certificate of zoning compliance) or by the planning commission during site plan review.

(5)

Setbacks. The following setback requirements shall apply to all new towers:

a.

Towers must be setback a distance equal to at least the height of the tower from an adjoining lot line, except in an industrial district where the setback from an adjoining lot line will be half the tower height. These setback requirements are in addition to meeting the requirements of Section (h) above.

b.

Accessory buildings must satisfy the minimum zoning district setback requirements.

(6)

Road frontage. For the entire lot, including a sub-parcel on which a tower or antenna is sited, there shall be a minimum of 150 feet of road frontage.

(7)

Separation distances. New towers shall be located a minimum of 400 feet from any existing residential dwelling on adjacent properties.

(8)

Tower and antenna appearance. Towers and antennas shall meet the following requirements:

a.

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.

b.

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.

c.

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.

(9)

Landscaping. The following requirements shall govern the landscaping surrounding towers:

a.

Towers and accompanying facilities shall be landscaped in a manner that effectively screens the view of the tower compound from property used (or potentially to be used) for residences. A landscaping plan shall be submitted for approval by the zoning administrator (certificate of zoning compliance) or by the planning commission (site plan review).

b.

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 perimeter may provide sufficient buffer.

(10)

Security. Towers shall be equipped with anti-climbing devices and enclosed by security fencing not less than eight feet in height. The fence may be equipped with an appropriate anti- climbing device, at the discretion of the owner.

(11)

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, all available lighting options must be presented to the zoning administrator (certificate of zoning compliance) or to the planning commission (site plan review).

(12)

State or federal requirements. All towers and antennas 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 antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Ordinance shall bring such towers and antennas into compliance with such revised standards and regulations. 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, as required in section 52-321.

(13)

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. If, upon inspection, the city concludes that a tower fails to comply with applicable 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 60 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 60 days shall constitute grounds for removal of the tower or antenna at owner's expense, as required in section 52-321.

(14)

Engineering certification and liability insurance. Application for tower or antenna siting approval must be accompanied by a signed certification from an independently hired State of Michigan licensed professional engineer. The engineer shall certify integrity of the design and indicating how the tower or antenna would fall in event of such occurrence. Application for tower or antenna siting approval must also include evidence of at least $1,000,000.00 U.S. dollars of general liability insurance to cover the applicant, land owner, city and damage to other persons or property that may result from unforeseen events or circumstances. The city shall be notified of any notice cancellations or changes in liability insurance.

(15)

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

(16)

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

(17)

Licensed or franchised. Owners and/or operators of towers or antennas shall certify that all licenses or franchises required by law for the construction and/or operation in the city have been obtained and shall file a copy of all required licenses or franchises with the zoning administrator.

(18)

Signs. No signs shall be allowed on an antenna or tower except for usual regulatory signs required by the State of Michigan or the FCC such as "No Trespassing", "Danger", or a sign indicating who should contacted in case of an emergency.

(19)

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of section 52-319(i).

(20)

Provision for removal. The application for siting of any antenna or tower shall require the applicant to deposit with the city clerk security of a performance guarantee (in a time duration and with a financial institution deemed acceptable to the city) in the form of cash, a certified check, or irrevocable bank letter of credit, which will ensure full compliance with this Ordinance and any conditions of approval. The security shall cover removal of the facility when it has been abandoned, is no longer in use, or is in violation as provided in section 52-321. The security shall be in the amount indicated in the following schedule:

Total construction cost includes all costs for construction, including engineering and design costs, governmental review, permitting fees, labor, and parts. The security shall be kept in full force and effect and irrevocable and non-cancelable (except by the written consent of both the city and the then-owner of the antenna, tower or related facility) during the entire time while the antenna or tower exists or is in place. The applicant and owner shall further agree as a condition of the security that the applicant and owner are responsible for the payment of any costs and attorney fees incurred by the city in securing removal.

(21)

Tower spacing. Minimum spacing between tower locations shall be two miles. The planning commission may waive this standard where the proposed location of the tower will serve to cluster two or more towers in close proximity to one another and, thereby, minimize the visual impacts upon panoramic views in the city.

(i)

Buildings and other equipment storage.

(1)

Antennas located on towers.

a.

The related unmanned equipment structures shall not contain more than 300 square feet of gross floor area per user or be more than 12 feet in height. It shall be located within 50 feet of the associated tower. Multiple users will be strongly encouraged to share an equipment structure with a common wall.

b.

The structure or cabinet shall be screened as required in subsection (h)(9).

c.

The structure shall be surrounded by a security fence as required in subsection (h)(10).

d.

The structure will comply with all applicable building codes.

(2)

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

a.

The cabinet or structure shall not contain more than 300 square feet of gross floor area per user or be more than 12 feet in height. In addition, for buildings and structures that are less than 65 feet in height, the related unmanned equipment structure, if over 100 square feet of gross floor area or eight feet in height, shall be located on the ground and shall not be located on the roof of the structure.

b.

If the equipment is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 25 percent of the roof area.

c.

If the equipment structures or cabinet is located on the ground, it will be surrounded by a security fence.

d.

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

(j)

Nonconforming uses.

(1)

Not expansion of nonconforming use. Towers that are constructed and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use of a structure.

(2)

Pre-existing towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such pre-existing towers. New construction (other than routine maintenance), height modification, expanded use, or application for colocation on a pre-existing tower shall comply with the requirements of this Ordinance.

(3)

Replacing Damaged or Destroyed Nonconforming Towers or Antennas. Pre-existing or nonconforming antennas or towers that are damaged or destroyed are governed by reconstruction in Section of this Ordinance. In the event of abandonment or termination of use, such towers will be removed.

(ord. no. 2019-19, adopt. Aug. 5, 2019)