[Sec.] A. The purpose of this ordinance [article] is to establish general and specific guidelines for the siting of wireless communications towers and antennas. The goals of this ordinance [article] are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; (8) consider the impact of communication towers on public health and safety; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Township shall give due consideration to the Township's Land Use Plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

(Ord. No. 118, 5-8-00)

[Sec.] B. 

1.

"Abandonment" means: (1) to cease operation for a period of 60 or more consecutive days; (2) to reduce the effective radiated power of an antenna by 75 percent for 60 or more consecutive days; or (3) to reduce the number of transmissions from an antenna by 75 percent for 60 or more consecutive days.

2.

"Adjacent zoning lot" means: (1) a zoning lot which borders upon or abuts the subject zoning lot at any point; or (2) a zoning lot which is separated from the subject zoning lot by a street, alley, or other public or private easement even if its property line does not abut or touch the subject zoning lot.

3.

"Alternative tower structure" (ATS) or "stealth tower" means manmade trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

4.

"Ancillary facilities" means the buildings, cabinets, vaults, closures and equipment required for operation of telecommunication Systems including but not limited to repeaters, equipment housing, and ventilation and other mechanical equipment.

5.

"Antenna" means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals, including, but not limited to, directional antenna or "panel" antenna, omni-directional antenna, or "whip" antenna.

6.

"Antenna structure or support" means any pole, telescoping mast, tower, tripod, or other structure which supports a device used in the transmitting or receiving of radio frequency signals.

7.

"Application" means the process by which the owner of a parcel of land submits a request to develop, construct, build, modify, or erect a transmission tower upon such parcel of land. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning such a request.

8.

"Backhaul network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

9.

"Construction of an ATS" means the erection, installation, or modification of an ATS or the attachment of an antenna to an existing alternative-design mounting structure.

10.

"C-location" means placement of an antenna or other equipment for more than one provider on an existing transmission tower, building, light or utility pole or other similar facility where the antenna and all supports are located on the existing structure.

11.

"FAA" means the Federal Aviation Administration.

12.

"FCC" means the Federal Communications Commission.

13.

"Height" or "tower height" means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

14.

"Person" is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.

15.

"Personal wireless service", "personal wireless service facilities", and "facilities" used in this ordinance [article], shall be defined in the same manner as in Title 47, United States Code, Section 332(c)(7)(C), as they may be amended now or in the future and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless services.

16.

"Provider" is a person in the business of designing and using telecommunication facilities, including cellular, radio, telephones, personal communication services, and hand/specialized mobile radios, and commercial paging services.

17.

"Telecommunications facilities" means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a transmission tower or antenna support structure. However, the term telecommunications facilities shall not include any satellite earth station antenna one meter or less in diameter, regardless of zoning category.

18.

"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term encompasses personal wireless service facilities as provided in Title 47 US Code, Section 332, as amended, including radio and television towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. For the purposes of this section [article], amateur radio transmission facilities are not transmission towers.

(Ord. No. 118, 5-8-00)

[Sec.] C. 

1.

New towers and antennas. All new towers and antennas in the township shall be regulated pursuant to this section [article], except as provided in subsection C [200.1113] 2., and they shall not be regulated or permitted as essential services, public utilities, or private utilities.

2.

Amateur radio station operator and/or receive only antennas. This section [article] shall not govern any tower, or the installation of any antenna, that is under 50 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

(Ord. No. 118, 5-8-00)

[Sec.] D.  Telecommunication towers may be allowed as a special exception use in the A-1, A-2, C-1, C-2, I-1, I-2, and I-3 Zoning Districts subject to the provisions below.

1.

General requirements. The following provisions shall govern the issuance of special exception use permits for towers by the Planning Commission:

(i)

Applications for special exception use permits under this section (article) shall be subject to the procedures and requirements of the Zoning Ordinance pertaining to special exception uses under section 6.8.

(ii)

In granting a special exception use permit, the Planning Commission may impose conditions to the extent the Planning Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties or to otherwise further the goal of this section [article].

(iii)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

(iv)

Public notice. Any special exception use request for a new tower under this section (article) shall require notification to all abutting property owners consistent with the notification requirements under 2006 PA 110 (MCL 125.3101 et seq.), as may be amended.

2.

Towers.

(i)

Information required. In addition to any information required for applications for special exception use permits of the Zoning Ordinance, applicants for a special exception use permit for a tower shall submit the following information:

(a)

A scaled site plan clearly indicating the location, type and height of the proposed tower, specifications on all proposed antennas, on-site land uses and zoning adjacent land uses and zoning (including when adjacent to other municipalities), Land Use Plan classification of the site and all properties within the applicable separation distances set forth in [sub]section D [200.1114] 2.(iv)(b), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Administrator to be necessary to assess compliance.

(b)

Legal description and ownership of the parent tract and leased parcel (if applicable).

(c)

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

(d)

An inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Township or within one mile of the border thereof, including specific information about the separation distance, location, height and design of each tower. The applicant shall also identify other existing towers within said area and the owner/operator of the existing towers, if known.

(e)

A landscape plan showing specific landscape materials.

(f)

Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

(g)

A description of compliance with all applicable federal, state or local laws.

(h)

A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

(i)

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Township.

(j)

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

(k)

A description of the desirable characteristics justifying the suitability of the proposed location.

(l)

A description of the feasible location(s) of future towers or antennas within the Township based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

(m)

Point of view renderings of how the proposed tower will appear from the surrounding area.

(n)

Written approval of FAA, Michigan Aeronautics Commission and the Kalamazoo County Airport Zoning Board is required before consideration of the application.

(ii)

Factors Considered in Granting Special Exception Use Permits for Towers. In addition to any standards for consideration of special use permit applications pursuant to the Zoning Ordinance, the Planning Commission shall consider the following factors in determining whether to issue a special exception use permit, although the Planning Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Commission concludes that the goals of this section [article] are better served thereby:

(a)

Height of the proposed tower provided that the waiver to maximum tower height shall be up to a maximum of 300 feet and shall comply with all other required criteria outlined within items (b) through (h) below:

(b)

Proximity of the tower to residential structures and residential district boundaries;

(c)

Nature of uses on adjacent and nearby properties;

(d)

Surrounding topography;

(e)

Surrounding tree coverage and foliage;

(f)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(g)

Proposed ingress and egress; and

(h)

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in [sub]section D [200.1114] 2.(iii) of this section [article].

(iii)

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(a)

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

(b)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(c)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(d)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(e)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(f)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(g)

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(iv)

Setbacks/separation from offsite uses/designated areas.

(a)

Tower setbacks shall be measured from the center point of the base of the tower to the lot line of the off-site uses and/or designated areas a distance equal to 110 percent of the tower height.

(b)

Separation distances between towers.

(I)

Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 1.

(II)

Table 1: Existing Towers - Types

(v)

Collocation and maximum tower height. The maximum tower height for a single user, is up to 90 feet; for two users, up to 120 feet; for three users, up to 150 feet, and for 4 or more users up to 190 feet. Any tower intended to have multiple users shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for the other users. Applicants proposing multiple user towers shall furnish a written agreement providing that the applicant shall not prevent or deny space on the tower for other users, and shall make the tower available to share at a fair market rate as determined by customary industry standards.

Approval of the site plan shall provide for additional collocation or antenna replacement through an amendment to the site plan, which may be approved administratively by the Zoning Administrator, provided such location is supported by the above allowances for tower height.

(vi)

Security fencing. Towers and guyed wires shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the Planning Commission may reduce or waive such requirements, if the goals of this section [article] would be better served.

(vii)

Landscaping. A six-foot tall landscaped screen is required to effectively screen the tower compound from adjacent residential property, streets and public property. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived by the Planning Commission if the goal[s] of this section [article] would be better served.

(viii)

Lighting. The tower shall not be illuminated by artificial means and shall not display strobe lights unless specifically required by the Federal Aviation Administration or other federal or state authority for the tower. If such lighting is required, it shall be oriented inward so as not to project onto surrounding residential property and the design chosen must cause the least disturbance to surrounding properties.

(ix)

Signs. The use of any portion of a tower for signs other than warning or equipment information is prohibited.

(x)

Abandonment of unused towers or portions of towers. Abandoned or unused towers or portions of towers, foundations, anchors and associated facilities shall be removed within 12 months of the cessation of the operations at the site unless a time extension is approved by the Planning Commission. A copy of the relevant documents (including the signed lease, deed or land contract restrictions) which require the applicant to remove the tower and associated facilities upon cessation of the operations shall be submitted at the time of application for site plan review. In the event that a tower is not removed within 12 months of the cessation of operations at the site, the tower and associated facilities may be removed by the Township and the costs of removal assessed against the real property.

(Ord. No. 118, 5-8-00; Ord. No. 133, 6-1-04; Ord. No. 143, §§ 15, 16, 11-12-07; Ord. No. 147, § 4, 7-22-10)

[Sec.] E. The following use is specifically permitted and shall not require a special use permit:

(1)

Antennas or towers located on property owned, leased, or otherwise controlled by the Township of Pavilion provided a license or lease authorizing such antenna or tower has been approved by the Township.

(Ord. No. 118, 5-8-00)

[Sec.] F. 

(1)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses.

(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, 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)

Aesthetics. 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.

(4)

Accessory buildings. All buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

(5)

Site plan. No tower, antenna or accessory building shall be constructed or installed except in conformance with an approved site plan.

(6)

Antenna installation. An antenna may be installed on a structure other than a tower in any non-residential zone provided the antenna does not exceed 50 feet as measured from finished grade level to the highest point. An antenna may be installed on a tower in conformance with such tower's special exception use permit and approved site plan.

(Ord. No. 118, 5-8-00)