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Ionia City Zoning Code

CHAPTER 1280

Wireless Communication Towers and Equipment

1280.01 INTENT.

   (a)   The intent of this section is to regulate commercial wireless communication towers, antennas, and equipment in each zoning district, in accordance with the Federal Telecommunications Act of 1996, the Sequestration Act of 2012 and the Michigan Zoning Enabling Act, PA 110 of 2006, as amended. Within the general parameters of these laws, this chapter also intends to reduce the impact of these communication elements on adjacent land uses by reasonably regulating their location, height, safety, general appearance, and eventual removal.
   Additionally, this section intends to promote and encourage the collocation of attached communication antennas on existing towers and support structures. Amateur radio antennas operating under a license issued by the Federal Communications Commission which are proposed to be installed on a new wireless communications support structure shall be subject to the provisions of this section, unless such provisions would preclude or prevent the operation of the antenna, then such provisions shall not apply.
   (b)   Exemptions for Antennas Only. The following antennas which are installed on an existing wireless communications support structure are exempt from the requirements of this section but are subject to the applicable building code requirements of the City of Ionia:
      (1)   Amateur radio antennas operating under a license issued by the Federal Communications Commission;
      (2)   Television reception antennas;
      (3)   Citizen band radio antennas;
      (4)   Short wave antennas;
      (5)   Satellite dishes;
      (6)   Government wireless communications equipment and support structures which are subject to State and Federal law or regulations that preempt Municipal regulatory authority.
(Ord. 514. Passed 9-2-14.)

1280.02 DEFINITIONS.

   For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   (a)   "Collocate" means to place or install wireless communications equipment on an existing wireless communications support structure or in an existing equipment compound. "Collocation" has a corresponding meaning.
   (b)   "Equipment compound" means an area surrounding or adjacent to the base of a wireless communications support structure and within which wireless communications equipment is located.
   (c)   "Wireless communications equipment" means the set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures.
   (d)   "Wireless communications support structure" means a structure that is designed to support, or is capable of supporting, wireless communications equipment, including a monopole, self-supporting lattice tower, guyed tower, water tower, utility pole, or building.
(Ord. 514. Passed 9-2-14.)

1280.03 GENERAL REGULATIONS.

   (a)   Wireless communication equipment and support structures which do not exceed the maximum height in feet as allowed for structures may be permitted within any zoning district in accordance with the requirements of this section.
   (b)   Wireless communication equipment and support structures which exceed the maximum height in feet as allowed for structures may be permitted within any zoning district in accordance with the requirements of Section 1280.05 herein.
   (c)   A non-commercial tower may be erected as an accessory use in any zoning district provided such tower does not exceed seventy feet in height and:
      (1)   Is owned and operated by a Federally-licensed amateur radio station operator; or
      (2)   Is used exclusively for receive-only antennas.
   (d)   A non-commercial tower that exceeds 70 feet in height and:
      (1)   Is owned and operated by a Federally-licensed amateur radio station operator; or
      (2)   Is used exclusively for receive-only antennas is subject to the requirements of this chapter.
   (e)   The lot size for wireless communication equipment and support structures shall be a minimum of 20,000 square feet.
   (f)   A wireless communications support structure tower shall be of a monopole design.
   (g)   The wireless communications support structure shall be set back from all lot lines a minimum distance equal to one-half the height of the tower. All other buildings, structures, guy wires and supports shall meet the minimum setback requirements of the zone district.
   (h)   A security fence at least six feet in height shall be constructed around the tower and related buildings and structures, guy wires and support.
   (i)   Whenever possible, joint use of tower facilities, including publicly-owned elevated storage tanks, shall be required to minimize the number of separate towers and their location in the City. As a condition of approval, an applicant shall agree to permit future users to share its tower facility and shall adequately demonstrate that it is not feasible to locate its proposed tower on an existing tower or a publicly-owned tower or elevated storage tank.
   (j)   No signs other than warning or other cautionary sign shall be permitted at the site of the tower.
(Ord. 514. Passed 9-2-14.)

1280.04 REQUIREMENTS FOR WIRELESS COMMUNICATION TOWERS AND ANTENNAS WHICH DO NOT EXCEED THE MAXIMUM HEIGHT IN FEET AS ALLOWED FOR STRUCTURES AS A USE BY RIGHT.

   Wireless communication equipment and support structures which do not exceed the maximum height in feet as allowed for structures shall comply with the following regulations:
   (a)   Towers and Antennas Allowed by Right. The following towers antennas are allowed in all zoning districts subject to the requirements of the district, approval by the Zoning Administrator and the issuance of a building permit:
      (1)   An antenna which is no more than the maximum height in feet as allowed for structures when attached to a new or existing structure such as a tower or pole. The height shall be measured from the top of the antenna to the average grade within 25 feet of the base of the structure.
      (2)   An antenna which is attached to or placed on the roof of an existing building provided the antenna does not exceed the maximum height in feet as allowed for structures as measured from the top of the antenna to the average grade at the base of the building or the antenna does not extend above the highest point of the building roof whichever is greater.
   (b)   The antenna or tower shall be permanently secured to a stable foundation.
   (c)   All antennas and towers must be grounded to protect against damage from lightning.
   (d)   A newly installed structure containing an antenna shall be set back from all lot lines a distance equal to its height and shall not be located in the required front yard. The height shall be measured from the top of the antenna to the average grade within 25 feet of the base of the structure. An antenna installed on a building shall be located so that it is setback from all lot lines a distance equal to the height of the antenna as measured from the top of the antenna to the base of the antenna.
(Ord. 514. Passed 9-2-14.)

1280.05 CO-LOCATION OF NEW WIRELESS COMMUNICATIONS EQUIPMENT AND MODIFICATION OF EXISTING WIRELESS COMMUNICATIONS SUPPORT STRUCTURES PERMITTED BY RIGHT.

   Collocation of new wireless communications equipment and modification of existing wireless communications support structures shall be permitted as a use by right subject to the conditions contained in this section.
   (a)   The collocation of new or the replacement of existing wireless communications equipment as defined herein and the modification of existing wireless communications support structures shall be permitted by the Zoning Administrator subject to compliance with all of the following requirements and the issuance of the applicable City building and electrical permits:
      (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 Zoning Ordinance or was approved by the appropriate zoning body or official of the City;
   (b)   The proposed collocation will not do any of the following:
      (1)   Increase the overall height of the wireless communications support structure by more than 20 feet or 10% of its original height, whichever is greater. The height shall be measured from the top of the structure to the average ground grade within 25 feet of the base of the wireless communications support structure;
      (2)   Increase the width of the original wireless communications support structure by more than the minimum necessary to permit collocation; or
      (3)   Increase the area of the existing equipment compound to greater than 2,500 square feet.
   (c)   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.
   (d)   Any wireless communications equipment which meets the requirements of Section 1280.04(a)(1) and (2) but does not meet the requirements of Section 1280.04(b) or (c), shall only be allowed if it is approved as a special land use according to the requirements of this section and Chapter 1274 of the City Zoning Ordinance.
   (e)   Application and Submittal Information. The applicant shall file with the City an application for wireless communications equipment and wireless communications support structures under Section 1280.04 that shall include the following information:
      (1)   A complete written and graphic description of the proposed wireless communications equipment and wireless communications support structure. This shall include an illustration of the antenna and support structure to be installed and its design including cross section and elevation drawings and a diagram of how the tower/antenna will be anchored.
      (2)   A statement that the proposed wireless communications equipment and wireless communications support structure will be installed in accordance with the manufacturer's specifications and applicable City codes. A set of drawings sealed by a professional engineer for the installation of the wireless communications equipment and wireless communications support structure shall also be provided.
      (3)   A description of the tower maintenance program.
      (4)   A decommissioning plan explaining the process to be undertaken by the applicant for tearing down the tower and removing all tower equipment, materials and structures and restoring the site so it can be used by a use permitted in that zoning district.
      (5)   Security measures including emergency contact personnel.
      (6)   The applicant shall provide documentation that indemnity and insurance coverage exist for the wireless communications equipment and wireless communications support structure in the event that damage or personal injury occurs or the provider abandons the structure. The specific dollar amount of the indemnity and insurance coverage shall be approved by the City and the cancellation of such policy shall not be effective without the approval of the City.
      (7)   All required fees shall be paid to the City at the time of application.
   (f)   Site Plan Requirements. The applicant shall also file with the City three copies of a site plan accurately drawn at a scale of not more than one inch equals 100 feet containing the following information unless specifically waived by the Zoning Administrator:
      (1)   The date on which the site plan was prepared as well as the name of the preparer.
      (2)   A north arrow and legal description of the property.
      (3)   The area and dimensions of the parcel containing the tower and antenna including any area leased for the tower.
      (4)   A location map sufficient to show the character of the area surrounding the proposed antenna and the zoning and land use on adjacent properties.
      (5)   The height of the tower and antenna and its distance to all property lines.
      (6)   Any buildings or structures existing on the parcel.
      (7)   The distance to the closest building on adjacent property.
      (8)   The location of any overhead transmission lines on the site or on adjacent property which might be affected by the tower.
      (9)   Any tower supporting structures or devices.
      (10)   Type and height of fencing to be installed around the tower or an equipment building.
      (11)   Elevation drawings of any buildings designed to serve the tower.
      (12)   Access road, width and construction standards along with access easement.
      (13)   Any lighting proposed to be located on the tower.
      (14)   Visual impact. The applicant shall demonstrate how the visual impact of the proposed communication towers and attached communication antennas will be reduced through the use of color or other techniques.
   (h)   Procedures.
      (1)   The application materials shall be reviewed for completeness by the Zoning Administrator or his or her agent. An application shall be considered complete if it contains all of the information contained in Sections 1280.04(e) and (f). The Zoning Administrator shall notify the applicant in writing of any missing items.
      (2)   Upon receipt of a completed application, the Zoning Administrator shall make a decision regarding approval or denial.
      (3)   Upon approval of the application, the applicant may proceed to obtain the applicable building and electrical permits.
(Ord. 514. Passed 9-2-14.)

1280.06 WIRELESS COMMUNICATIONS EQUIPMENT AND WIRELESS COMMUNICATIONS SUPPORT STRUCTURES WHICH EXCEED THE MAXIMUM HEIGHT IN FEET AS ALLOWED FOR STRUCTURES ALLOWED AS A SPECIAL LAND USE.

   (a)   Wireless communications equipment which is proposed to be mounted or attached to a newly installed wireless communications support structure which will exceed the maximum height in feet as allowed for structures, or a proposed collocation subject to the provision of Section 1280.04(d) are allowed in all zoning districts, provided a special land use permit is approved by the Planning Commission subject to the regulations and requirements of this chapter, the general standards for approval in Section 1274.04, and all application and review procedures of Chapter 1274.
   (b)   Wireless communications support structures shall be designed (structurally, electrically, and in all other respects), to accommodate both the applicant's equipment and comparable equipment for a least two additional users. Approval shall be conditional upon the applicant's agreements to permit use by others. Towers must be designed to allow for future rearrangement of equipment upon the tower to accept equipment mounted at varying heights.
   (c)   Wireless communications equipment and support structures shall be designed to blend into the surrounding environment through the use of color and architectural treatment, except in instances where color is dictated by other State or Federal authorities. Towers shall be of a monopole design unless the Planning Commission determines that an alternative design would better blend into the surrounding environment.
      The Planning Commission may require such structures or equipment on the ground to be screened with landscaping, berms, walls, or a combination of these elements.
   (d)   Wireless communications equipment and support structures shall not be illuminated unless required by other State or Federal authorities. No signs or other advertising not related to safety or hazard warnings shall be permitted on any part of the tower or associated equipment or buildings.
   (e)   Wireless communications equipment and support structures which are abandoned or unused shall be removed, along with any associated structures or equipment, within 12 months of the cessation of operations, unless a time extension is granted by the Zoning Administrator. One three-month extension shall be permitted only if the Zoning Administrator finds that the owner or former operator of the facility is taking active steps to ensure its removal.
   (f)   Procedures.
      (1)   An application for a special use permit for wireless communications equipment and wireless communications support structures shall be reviewed for completeness by the Zoning Administrator or his or her agent. An application shall be considered complete if it contains all of the information contained in Sections 1280.04(e) and (f), and 1280.05(f)(5). Within 14 days of receiving the application the Zoning Administrator shall notify the applicant in writing of any missing items. Failure to do so shall mean that the special use permit application is considered complete (but not approved).
      (2)   Once a completed application is received, a public hearing shall be scheduled in accordance with the requirements of Section 1274.03 of this Code.
      (3)   The Planning Commission shall render a decision on a completed application within 60 days of its receipt. Failure to do so shall result in the approval of the application as submitted. In the case of special land use approval for wireless communications equipment that does not meet the requirements of Section 1280.04(d), the period for approval or denial is 90 days.
      (4)   Any conditions imposed upon the approval of the special use permit shall relate directly to the requirements of this Zoning Ordinance and any applicable City ordinances as well as applicable State of Michigan and Federal laws.
      (5)   Application Requirements. In addition to application requirements as required by Chapter 1274, an application for wireless communications equipment and wireless communications support structures which require special land use approval shall include all of the following information. The fee paid by the applicant shall not exceed the actual cost to process the application or one thousand dollars ($1,000.00), whichever is less.
         A.   Proposed use. A complete written and graphic description of the proposed wireless communications equipment and wireless communications support structure. This shall include an illustration of the antenna and support structure to be installed and its design including cross section and elevation drawings and a diagram of how the tower/antenna will be anchored.
         B.   Location justification. Written materials which document the need for the proposed location.
         C.   Ownership interest. The nature and extent of the applicant's ownership or lease interest in the property, building or structure upon which the facilities are proposed for placement.
         D.   Other tower locations. A map depicting other locations of wireless communications support structures within three miles of the proposed site.
         E.   Collocations. Documentation that the applicant has investigated the potential of collocation with other wireless communication service providers or owners of wireless communications support structures located in the City or neighboring communities and which may meet the coverage needs of the applicant. The documentation must include written evidence that the applicant has had direct communication and response regarding the potential for collocation with the owners/operators of such other wireless communications support structures. All applications for construction of a wireless communications support structure will be required to provide plans for future collocation with other owners/operators at a fair and reasonable rental rate.
         F.   Engineering certification and plans. A statement that the proposed wireless communications equipment and wireless communications support structure will be installed in accordance with the manufacturer's specifications and applicable City codes. A set of drawings sealed by a professional engineer for the installation of the wireless communications equipment and wireless communications support structure shall also be provided.
         G.   A description of the tower maintenance program.
         H.   A decommissioning plan explaining the process to be undertaken by the applicant for tearing down the tower and removing all tower equipment, materials and structures and restoring the site so it can be used by a use permitted in that zoning district.
         I.   Security measures including emergency contact personnel.
         J.   Liability. The applicant shall provide documentation that indemnity and insurance coverage exist for the wireless communications equipment and wireless communications support structure in the event that damage or personal injury occurs or the provider abandons the structure. The specific dollar amount of the indemnity and insurance coverage shall be approved by the City and the cancellation of such policy shall not be effective without the approval of the City.
   (g)   Site Plan Requirements. Twelve copies of a site plan accurately drawn at a scale of not more than one inch equals 100 feet. However, a larger scale may be accepted by the Planning Commission depending upon the size of the parcel. The plan shall be prepared and sealed by a professional engineer. The site plan shall contain at a minimum the information required by Section 1280.04(g) and any information required by Chapter 1276 Site Plan Review of this Code, or as may be required by the Planning Commission unless specifically waived by the Planning Commission.
   (h)   Performance Standards. Wireless communications equipment and wireless communications support structures shall comply with all of the following requirements:
      (1)   The tower and antenna shall comply with all applicable State construction and electrical codes and local building permit requirements as well as the manufacturer's installation requirements provided they do not conflict with the State and local requirements;
      (2)   All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA, and the minimum FAA lighting standards shall not be exceeded;
      (3)   The applicant shall provide written documentation of compliance with the Michigan Airport Zoning Act (Public Act 23 of 1950) and the Michigan Tall Structures Act (Public Act 259 of 1959);
      (4)   The maximum height of a wireless communications support structure and any attached wireless communications equipment shall be 200 feet. A structure greater than 200 feet may be approved, if in the opinion of the Planning Commission, the applicant has sufficiently demonstrated that the proposed structure and attached equipment in excess of 200 feet will be safe and also reduce the total number of potential similar structures within the City and the surrounding areas;
      (5)   The antenna or tower shall be permanently secured to a stable foundation;
      (6)   No part of the antenna or tower shall conduct or display any advertising, message or other graphic representation;
      (7)   All antennas and towers must be grounded to protect against damage from lightning;
      (8)   All towers shall be located so that they do not interfere with any reception in nearby residential areas. In the event a communication tower causes interference, the communication company shall take all steps necessary to correct and eliminate such interference; and
      (9)   The use of guy wires is prohibited. Only monopole towers are allowed.
   (i)   Approval Standards. In order to approve the application, the Planning Commission shall find that:
      (1)   The proposed use and structure meet the special land use general standards of Section 1274.04;
      (2)   The proposed use and structure meet requirements of Section 1280.05;
      (3)   Approval of the project will fill a significant gap in the service coverage of the applicant; and
      (4)   That alternate sites or facilities for the wireless communications equipment and wireless communications support structure are not available or feasible.
   (j)   Conditions of Approval. Any conditions imposed on an approval must relate directly to this chapter, other applicable City ordinances and codes and applicable State and Federal laws.
   (k)   Noncompliance with Section 1280.05 Requirements. If the Planning Commission determines to deny an application for special use permit approval because the proposed project does not meet one or more of the requirements contained in Section 1280.05 or any of the special land use or site plan standards of approval found elsewhere in this chapter, the Planning Commission shall nevertheless approve the proposed project if no other alternative tower sites or facilities are available or feasible and at least one of the following applies:
      (1)   A denial would prohibit (or have the effect of prohibiting) the providing of personal wireless services to the area in question;
      (2)   There is not substantial evidence on the record justifying a denial; or
      (3)   A significant gap in the existing service coverage exists in the area and the proposed project would close that gap.
   Pursuant to any such approval by the Planning Commission, the wireless communication support structure and equipment shall still comply with all of the requirements of Section 1280.05 and other applicable provisions of this chapter except to the extent that the applicant demonstrates that compliance with a particular requirement or regulation would (a) prohibit or have the effect of prohibiting the providing of personal wireless services to the area, or (b) prohibit the applicant from closing a significant gap in existing service coverage to the area involved.
(Ord. 514. Passed 9-2-14.)