Spring Lake City Zoning Code
ARTICLE XXI
Wireless Communication Towers
§ 390-157 Background.
A.
The Village has received or expects to receive requests to site wireless communications towers and antennas within its boundaries.
B.
The Village finds that it is in the public interest to permit the siting of wireless communications towers and antennas within its boundaries.
C.
It is the Village's intent to permit the siting of wireless communications towers and antennas within its boundaries.
D.
It is the Village's intent to protect and promote the public health, safety, and welfare by regulating the siting of wireless communications towers and antennas within its boundaries.
§ 390-158 Purpose and goals.
A.
The purpose of this article is to establish several guidelines for siting wireless communications towers and antennas. This article's goals are to:
(1)
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2)
Encourage the location of towers and antennas in nonresidential areas;
(3)
Minimize the total number of towers and antennas throughout the Village;
(4)
Promote the joint use of existing tower sites rather than construction of additional towers;
(5)
Promote the location of towers and antennas in areas where the adverse impact on the Village is minimal;
(6)
Promote the configuration of towers and antennas to minimize their adverse visual impact through careful design, siting, landscape screening, and innovative camouflaging techniques;
(7)
Promote telecommunications services to the Village which are quick, effective, and efficient;
(8)
Protect the public health and safety of the Village and its residents; and
(9)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
B.
To further these goals, the Village shall consider its Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
§ 390-159 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Clock towers, bell steeples, church spires, light poles, elevator bulkheads and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
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 communications signals or other communications signals.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other building or structure upon which an antenna is mounted, the distance measured from the finished grade of the parcel at the center of the front of the building or structure to the highest point on the tower or other building or structure, including the base pad and any antenna.
A support structure constructed of vertical metal struts and cross braces, forming a triangular or square structure, which often tapers from the foundation to the top.
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of the amendment of the ordinance adding this article, or any tower or antenna for which no building and/or special use permit were required, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting (i.e., without guy wires or other external means of support) lattice towers, guyed towers, or monopole towers, used for the transmission or reception of radio, telephone, cellular telephone, television, microwave or any other form of telecommunication signals. The term includes the structure and any support for the structure.
§ 390-160 Applicability.
A.
New towers and antennas. All new towers and new antennas in the Village shall be subject to this article, except as otherwise provided in this section.
B.
Amateur radio station operators/receive-only antennas; television antennas. This article shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station or is used exclusively for receive-only antennas.
C.
Preexisting towers and antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this article, other than the general requirements of this chapter concerning preexisting structures.
§ 390-161 General requirements.
A.
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of or on the same lot shall not preclude the installation of an antenna or tower on that lot.
B.
Lot size. Even though antennas or towers may be located on leased portions of a lot, the dimensions of the entire lot shall be used to determine if the installation of a tower or antenna complies with the regulations of the applicable zoning district, including but not limited to setback requirements, lot-coverage requirements, and other such requirements.
C.
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Village or within one mile of the Village borders, including specific information about the location, height, and design of each tower or antenna.
D.
Tower finish. 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.
E.
Tower site. 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.
F.
Antenna color. An antenna and its 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.
G.
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
H.
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 towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised and applicable standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to comply with such revised and applicable standards and regulations shall constitute grounds for the Village to seek a court order, authorizing the Village or its designee to remove the tower or antenna at the owner's expense.
I.
Building codes; safety standards. The owner of a tower or antenna shall ensure its structural integrity by maintaining it in compliance with standards contained in applicable state or local building codes and applicable standards published by the Electronic Industries Association or any similar successor organization, as amended from time to time. If the Village suspects that a tower or an antenna does not comply with such codes and standards and constitutes a danger to persons or property, then the Village may proceed under applicable State of Michigan law (i.e., Michigan Public Act 144 of 1992,[1] as amended, or any successor statute) or common law to bring the tower or antenna into compliance or to remove the tower or antenna at the owner's expense.
[1]
Editor's Note: See the Housing Law of Michigan, MCLA § 125.401 et seq.
J.
Measurement. Tower setbacks and separation distances shall be measured and applied to facilities located in the Village without regard to municipal and county jurisdictional boundaries.
K.
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this article. They shall not be regulated or permitted as essential public services, public utilities, or private utilities.
L.
Franchises. Owners and/or operators of towers and antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Village have been obtained; they shall file a copy of all required franchises with the Zoning Administrator.
M.
Signs. No signs or advertising shall be allowed on an antenna or tower. The tower owner, however, may post a sign designating a person to contact in an emergency, together with the person's telephone and address, and other safety-related signage and notices.
N.
Metal towers. Metal towers shall be constructed with a corrosion-resistant material.
O.
No interference. Towers shall not interfere with television or radio reception on surrounding properties.
P.
Paving requirement. All parking and drive areas must be paved as provided in this chapter.
Q.
Noise. All appropriate measures shall be taken to ensure that equipment on the site, including backup generators, shall not generate noise that exceeds 60 decibels at the property line.
R.
Generators and equipment. Backup generators and all other equipment shall be installed in strict conformance with manufacturer's instructions and all local, state, and federal regulations.
§ 390-162 Permitted uses.
General. The uses listed in this section are deemed to be permitted uses by right in any zoning district and shall not require a special use permit.
A.
Antennas or towers located on property owned, leased, or otherwise controlled by the Village are permitted uses, provided a license or lease authorizing such antenna or tower has been approved by the Village. This provision shall not be interpreted to require the Village to approve a license or a lease.
B.
Antennas which are themselves not more than 30 feet in height and located upon legally existing lattice electric transmission towers are permitted uses.
C.
The co-location of an antenna on an existing tower that does not increase the tower height by more than 10 feet.
§ 390-163 Special use permits.
A.
General. The following provisions shall govern the issuance of special use permits for towers or antennas by the Planning Commission.
(1)
If the tower or antenna is not a permitted use under § 390-162 of this article, then a special use permit shall be required for the construction of a tower or the placement of an antenna in any zoning district.
(2)
Applications for special use permits under this section shall be subject to the general procedures and requirements of this chapter for special uses, except as modified in this section.
(3)
After an application for special land use approval has been received by the Planning Commission, it shall be reviewed by the Zoning Administrator for completeness, and this determination shall be made within 14 business days. If, before the expiration of the fourteen-day period, the Zoning Administrator notifies the applicant that the application is not administratively complete, specifying the information necessary to make the application administratively complete, or notifies the applicant that a fee required to accompany the application has not been paid, specifying the amount due, the running of the fourteen-day period shall be paused until the applicant submits the specified information or fee amount due. The notice shall be given in writing or by electronic notification.
(4)
Approval or denial.
(a)
For wireless communications equipment that will be collocated on an existing wireless communications support structure or in an existing wireless equipment compound, the Village shall approve or deny the application not more than 60 days after the application is considered to be administratively complete. If the Village fails to timely approve or deny the application, the application shall be considered approved and the Village shall be considered to have made any determination required for approval.
(b)
If the wireless communications equipment will not be collocated on an existing wireless communications support structure, in an existing equipment compound, or does not meet the requirements for a wireless communications support structure as defined in the Zoning Enabling Act,[1] the Planning Commission shall approve or deny the application not more than 90 days after the application is considered administratively complete. If the Village fails to timely approve or deny the application, the application shall be considered approved and the Village shall be considered to have made any determination required for approval.
[1]
In granting a special use permit, the Planning Commission may impose such conditions that the Planning Commission concludes are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties.
[2]
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. Such an engineer shall certify that the tower or antenna will be structurally sound and will comply with all applicable building and other construction code requirements.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
B.
Processing special use applications.
(1)
Information required. Applicants for a special use permit for a tower or an antenna shall submit the following information, in addition to any other information required by this chapter:
(a)
A scaled site plan showing the location, type and height of the proposed tower or antenna; on-site land uses and zoning; adjacent land uses and zoning (even if adjacent to another municipality); Master Plan designation of the site and all properties within the applicable separation distances set forth in § 390-163B(6); adjacent streets; proposed means of access; setbacks from property lines; elevation drawings of the proposed tower or antenna and any other structures; topography; parking; and other information deemed necessary by the Zoning Administrator or Planning Commission to assess compliance with this article.
(b)
Legal description of the lot and the leased portion of the lot (if applicable), together with a copy of the deed or lease pertaining to that lot.
(c)
The setback distance between the proposed tower or antenna and the nearest dwelling, platted residentially zoned properties, and unplatted residentially zoned properties.
(d)
The separation distance from other towers or antennas described in the inventory of existing sites submitted pursuant to § 390-161C, the type of construction of those existing towers or antennas, and the owners/operators of those existing towers and antennas, if known.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing, finished color and, if applicable, the method of camouflage and illumination.
(g)
A description of compliance with the requirements of this article, and of all applicable federal, state, county and Village laws, rules, regulations and ordinances.
(h)
A notarized statement by the applicant for a tower, indicating if the tower will accommodate co-location of additional antennas for future users.
(i)
A description of the services to be provided by the proposed new tower or antenna, and any alternative ways to provide those services without the proposed new tower or antenna.
(j)
A description of the feasible location(s) of future towers or antennas within the Village based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is erected.
(2)
Factors considered in granting special use permits for towers or antennas. In addition to any other standards specified in this chapter for considering special use permit applications, the Planning Commission shall consider the following factors in determining whether to issue a special use permit under this article:
(a)
Height of the proposed tower or antenna;
(b)
Proximity of the proposed tower or antenna 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 proposed tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(g)
Proposed ingress and egress to the proposed tower or antenna;
(h)
Availability of suitable existing towers or antennas, alternative tower structures, other structures, or alternative technologies not requiring the use of towers or antennas or other structures, as discussed below in this section;
(i)
The effect of the proposed tower or antenna on the conforming properties and the surrounding neighborhood; and
(j)
Whether or not the proposed tower or antenna is located in zoning districts or on structures where the Village intends at least most towers and antennas in the Village to be located, as subsequently described in this section.
(3)
Village intentions concerning the location of most if not all towers and antennas. The Village intends that most if not all towers and antennas will be located as described below.
(a)
The Village encourages the location of towers and antennas, including the placement of additional buildings or other supporting equipment used in connection with them, in a commercial zoning districts or public property.
(b)
The Village encourages the location of antennas on existing structures or towers consistent with the terms of Subsection B(3)(b)[1] and [2] below.
[1]
The Village encourages antennas on existing structures which are not towers, as an accessory use to any commercial, industrial, professional, institutional, or multifamily structure of eight or more dwelling units, provided the antenna does not extend more than 30 feet above the highest point of the structure;
[2]
The Village encourages antennas on existing towers, provided that:
[a]
A tower which is modified or reconstructed to accommodate the co-location of one or more additional antennas shall be of the same tower type as the existing tower or a monopole.
[b]
A tower which is modified or reconstructed to accommodate the co-location of an additional antenna may be modified or rebuilt to a taller height, not more than once per tower and not to exceed 30 feet over the tower's existing height. [This additional height shall not require an additional distance separation per § 390-163B(6).]
[c]
The Village encourages the location of new towers in nonresidential zoning districts, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; and provided the tower is no more than 90 feet in height if for a single user, no more than 120 feet in height if for two users, and no more than 150 feet in height if for three or more users.
(4)
Availability of suitable existing towers, antennas, alternative tower structures, other structures, or alternative technology. No new tower or antenna shall be permitted unless the applicant demonstrates to the Planning Commission that no existing tower, antenna, alternative tower structure, or alternative technology can provide the services sought by the applicant without the erection of the applicant's requested new tower or antenna. Evidence that no existing tower, antenna, alternative tower structure, structure, or alternative technology can provide the services sought by the applicant may consist of the following:
(a)
The applicant could demonstrate that no existing towers, antennas, alternative tower structures, alternative technology, or other structures are available within the geographical area which meet the applicant's engineering requirements.
(b)
The applicant could demonstrate that existing towers, antennas, alternative tower structures, or other structures are not of sufficient height to meet the applicant's engineering requirements, and that their height cannot be increased to meet such requirements.
(c)
The applicant could demonstrate that existing towers, alternate tower structures, or other structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment, and that their strength cannot practically be increased to provide that support.
(d)
The applicant could demonstrate that the proposed antenna would cause electromagnetic interference with existing towers or antennas, or that existing towers or antennas would cause interference with the applicant's proposed antenna.
(e)
The applicant could demonstrate that the costs to co-locate an antenna exceed the costs of erecting a new tower or antenna.
(f)
The applicant could demonstrate that there are other limiting factors that render existing towers, antennas, alternative tower structures, and other structures unsuitable.
(g)
The applicant could demonstrate that an alternative technology that does not require the use of towers or antennas is cost-prohibitive or unsuitable.
(5)
Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required:
(a)
Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line. The setback is measured from the perimeter or outside edge of the base of the tower.
(b)
Guys and accessory buildings must satisfy the minimum setback requirements for the applicable zoning district.
(6)
Separation. The following separation requirements shall apply to all towers for which a special use permit is required:
(a)
Separation of towers from off-site uses/designated areas. Tower separation shall be measured from the perimeter or outside edge of the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 390-163.01, except as otherwise provided in Table 390-163.01. The separation distance shall be measured by drawing or following a straight line between the base of the proposed tower and the off-site uses or designated areas, pursuant to a site plan of the proposed tower.
[1]
Separation requirements for towers shall comply with the minimum standards (listed in linear feet) established in Table 390-163.01.
Table 390-163.01. Separation Distances | |
|---|---|
Off-Site Use/Designated Area | Separation Distance2 |
Single-family or two-family dwelling units1 | 200 feet or 1.5 times the height of the tower, whichever is greater |
Unimproved single-family or multiple-family residential land which is platted, has preliminary subdivision plan approval which is not expired, or has PUD approval which is not expired | 200 feet or 1.5 times the height of the tower, whichever is greater |
Other unimproved residentially zoned lands3 | 100 feet or the height of the tower, whichever is greater |
Existing multiple-family dwelling units | 100 feet or the height of the tower, whichever is greater |
Nonresidentially zoned lands or nonresidential uses, if not covered by any of the above categories | None; only setbacks established by this chapter apply |
NOTES: | |
1 | Includes modular homes and manufactured homes used for living purposes. |
2 | Separation measured from base of tower to closest building setback line. |
3 | Includes any unplatted residentially zoned properties without a preliminary subdivision plan or development approval, and any Multiple-Family Residential Zoning District land. |
(b)
Separation distances between towers.
[1]
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.
[2]
Separation distances between towers shall comply with the minimum distances (listed in linear feet) established in Table 390-162.02.
Table 390-162.02. Existing Towers - Types | ||||
|---|---|---|---|---|
Proposed Tower | Lattice | Guyed | Monopole 75 Feet in Height or Greater | Monopole Less than 75 Feet in Height |
Lattice | 5,000 | 5,000 | 1,500 | 750 |
Guyed | 5,000 | 5,000 | 1,500 | 750 |
Monopole 75 feet in height or greater | 1,500 | 1,500 | 1,500 | 750 |
Monopole less than 75 feet in height | 750 | 750 | 750 | 750 |
[3]
Security fencing. Towers for which a special use permit is required shall be enclosed by security fencing not less than six feet in height. The towers shall also be equipped with appropriate anti-climbing devices.
[4]
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required. The required landscaping shall be maintained for the duration of the special use permit.
[a]
Tower facilities shall be landscaped with a buffer area of plant materials that effectively screens the view of the tower compound from property then used for dwellings, one-family or multifamily, or included in a residential zoning district. The standard buffer area shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
[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, the Planning Commission may conclude that natural growth around the property perimeter may be a sufficient buffer area.
§ 390-164 Accessory utility buildings.
All utility buildings and structures accessory to a tower or an antenna shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the zoning district where the tower or antenna is located. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood.
§ 390-165 Removal of abandoned antennas and towers.
Notwithstanding anything to the contrary elsewhere in this chapter, any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Village notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within the 90 days shall be grounds for the Village to proceed under applicable State of Michigan law to remove the tower or antenna at the owner's expense. If the owner fails to promptly reimburse the Village for the expense, the Village may add the cost of removal to the next tax statement sent to the owner of the real property. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
§ 390-166 Expansion of nonconforming use.
Notwithstanding any other provisions of this chapter to the contrary, towers that are constructed and antennas that are installed in accordance with this article shall not be deemed to be the expansion of a nonconforming use or structure.