(a)

The city has received or expects to receive requests to site wireless communications towers and antennas within the municipal boundaries.

(b)

The city finds that it is in the public interest to permit the siting of wireless communications towers and antennas within the municipal boundaries.

(c)

It is the intent of the city to permit the siting of wireless communications towers and antennas within the municipal boundaries.

(d)

It is the intent of the city to protect and promote the public health, safety and welfare by regulating the siting of wireless communications towers and antennas.

(a)

The purpose of this article is to establish general guidelines for the siting of wireless communications towers and antennas. The intent or goals of this 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 nonresidential areas.

(3)

Minimize the total number of towers throughout the city.

(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 city is minimal.

(6)

Encourage users of towers and antennas to configure them in a way that minimizes their adverse visual impact 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 city quickly, effectively, and efficiently.

(8)

Consider the public health and safety of the city and its residents.

(9)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(b)

In furtherance of the intent of this article and the goals which have been stated, the city shall give due consideration to its master land use plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

For purposes of this article, the following terms shall have the meanings set forth below:

Alternative tower structures 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.

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 communications signals or other communication signals.

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.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means, when referring to a tower or other building or structure upon which an antenna is mounted, the distance measured from the building or structure, including the base pad and any antenna.

Lattice tower means 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.

Pre-existing towers and pre-existing antennas means 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 to the ordinance adding this article, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired.

Providers means personal wireless service and other forms of communication service such as radio and television.

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 includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term "tower" includes the structure and any support thereto.

(a)

New towers and antennas. All new towers or antennas in the city shall be subject to this article, except as otherwise provided in this section.

(b)

Amateur radio station operators/receive-only 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)

Pre-existing towers or antennas. Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this article, other than the requirements of Section 5.104(f) and (g), and the requirements of this ordinance concerning nonconforming uses.

(d)

AM array. For purposes of implementing this article, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(a)

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

(b)

Lot size. For purposes of determining whether 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, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

(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 city or within one mile of the border thereof, including specific information about the location, height, and design of each tower or antenna. The zoning administrator may share such information with other applicants applying for permits under this ordinance or other organizations seeking to locate towers or antennas within the jurisdiction of the city, provided, however, that the zoning administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(d)

Aesthetics. Towers and antennas shall meet the following requirements:

(1)

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.

(2)

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.

(3)

The owner of the tower and any accessory buildings shall comply with the following landscaping requirements, in addition to any other landscaping requirements which may be required by this article:

a.

Towers and accessory buildings (the "facilities") shall be landscaped with a buffer of plant materials that effectively screens view of the facilities (except for the tower) from adjacent property. The standard buffer shall consist of a landscaped strip at least six feet wide around the perimeter of the facilities. Landscaping shall consist of evergreen trees and shrubs, or other suitable landscape materials planted at intervals sufficient to effectively screen the facilities.

b.

The planning commission may reduce or waive the landscaping requirements only if it determines that the visual impact of the facilities upon surrounding properties will be minimal or the lot size and existing natural growth on the property or adjacent properties is a sufficient buffer.

c.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

d.

The planning commission may incorporate additional landscaping and screening requirements, to provide an adequate screening or buffer.

(4)

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.

(5)

A tower, antenna, and accessory structures for such items shall also comply with any condition necessary to minimize any adverse effect of the proposed tower, antenna, or structure on adjoining properties.

(e)

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.

(f)

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 ordinance shall, to the extent required by the FAA or the FCC, bring such towers and antennas into compliance with such revised 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 bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the city to seek a court order, authorizing the city or its designee to remove the tower or antenna at the owner's expense.

(g)

Construction codes; safety standards. To ensure the structural integrity of towers and antennas, the owner of a tower or antenna shall ensure that it is maintained in compliance with standards contained in the state construction code and the applicable standards for towers and antennas that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city believes that a tower or an antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then the city may proceed under applicable State of Michigan law (i.e., Michigan Public Act No. 61 of 1969) (MCL 125.538 et seq.), 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.

(h)

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

(i)

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

(j)

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

(k)

Public notice. For purposes of this ordinance, any special use request, variance request, or appeal shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Section 5.107(b)(5), Table 1, in addition to any notice otherwise required by this ordinance and the Michigan Zoning Enabling Act (MCL 125.3101 et seq.).

(l)

Signs. Signs or logos are permitted on any tower or accessory building provided that they shall be placed not more than ten feet in height above the ground and if they do not exceed six square feet in size.

(m)

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 5.108.

(n)

Multiple antenna/tower plan. The city encourages the users of towers and antennas to submit a single application for approval of as many towers and/or antenna sites as the users deem necessary to provide coverage for the particular use throughout the city. Applications for approval of multiple sites shall be given priority in the review process over applications for approval of single sites.

(o)

Additional antennas. All towers shall be designed such that two additional antenna facilities comparable to that planned by the applicant shall be available to other providers at a reasonable cost. All providers shall demonstrate that they have a written agreement from the property owner to provide adequate ground area, access, and utility connections for additional users of the tower, again at reasonable cost.

(p)

Public right-of-way. Approval of a conditional use or permitted use does not authorize a provider to utilize the public right-of-way for related utility or communication needs not shown on the plan.

(q)

Employees. There shall be no employees located on the site on a permanent basis to service or maintain the antenna. Occasional or temporary repair and service activities are excluded from this restriction.

(r)

Parking and drives. All parking and drive areas must be paved as provided in this ordinance.

(s)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with appropriate anti-climbing devices.

(a)

Generally. The uses listed in this section are deemed to be permitted uses and shall not require a special use permit.

(b)

Permitted uses.

(1)

Antennas or towers located on property owned, leased, or otherwise controlled by the city are specifically permitted in any zoning district, provided a license or lease authorizing such antenna or tower has been approved by the city.

(2)

Antennas which are themselves not more than 30 feet in height and which are located upon legally existing lattice electric transmission towers are permitted uses.

(a)

Generally. The following provisions shall govern the issuance of administrative approvals for towers and antennas.

(1)

The zoning administrator may administratively approve the uses listed in this section.

(2)

Each applicant for administrative approval shall apply to the zoning administrator providing the information set forth in Section 5.107(b)(1) and (3) and a nonrefundable fee as established by resolution or ordinance of the city council to reimburse the City for the costs of reviewing the application.

(3)

The zoning administrator shall review the application for administrative approval and determine if the proposed use complies with the general requirements of Section 5.104, as well as Section 5.107(b)(4) and (5).

(4)

The zoning administrator shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the zoning administrator fails to respond to the applicant within 60 days, then the application shall be deemed to be approved.

(5)

In connection with any such administrative approval, the zoning administrator may, in order to encourage shared use, administratively reduce by up to 50 percent any zoning district setback requirements in Section 5.107(b)(4) and (5).

(6)

In connection with any such administrative approval, the zoning administrator may, in order to encourage the use of monopoles, administratively allow any existing tower to be reconstructed as a monopole.

(7)

If any administrative approval is denied, the applicant shall file an application for a special use permit pursuant to Section 5.107 prior to filing any other appeal that may be available under this ordinance or applicable law.

(b)

List of administratively approved uses. The following uses may be approved by the zoning administrator after conducting an administrative review.

(1)

The zoning administrator may approve the location of a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with the tower or antenna, in any industrial zoning district or in the C-3 Highway Commercial District if it is less than 101 feet in height.

(2)

The zoning administrator may approve the location of antennas on existing structures or towers consistent with the terms of Subsections (b)(2)a and (b)(2)b of this section.

a.

Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the zoning administrator as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided:

1.

The antenna does not extend more than 30 feet above the highest point of the structure.

2.

The antenna complies with all applicable FCC and FAA regulations.

3.

The antenna complies with all applicable building and other construction codes.

b.

Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the zoning administrator. To minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

1.

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the zoning administrator allows reconstruction as a monopole.

2.

An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna. This height change referred to in this subsection may only occur one time per communication tower. The additional height referred to in this subsection shall not require an additional distance separation as set forth in Section 5.107(b)(5). The tower's premodification height shall be used to calculate such distance separations.

3.

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within 50 feet of its existing location. However, after the tower is rebuilt to accommodate collocation, only one tower may remain on the site. A relocated on site tower shall continue to be measured from its original location for purposes of calculating separation distances between towers pursuant to Section 5.107(b)(5)b. The relocation of a tower pursuant to this subsection shall not be deemed to cause a violation of Section 5.107(b)(5)b. However, the on site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Section 5.107(b)(5)a. shall only be permitted when approved by the zoning administrator upon the zoning administrator's specific finding that the benefits of collocation outweigh the encroachment upon the residential units or residentially zoned land.

c.

The zoning administrator may approve the location of a new tower in a nonresidential zoning district other than an industrial district or the C-3 Highway Commercial District, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the zoning administrator concludes the tower is in conformity with the intent and goals set forth in this article and with the general requirements section of this article; the tower meets the setback requirements and the separation distances in Section 5.107(b)(5); and the tower is less than 101 feet in height.

d.

The zoning administrator may approve the location of an alternative tower structure in a nonresidential zoning district other than the industrial district or the C-3 Highway Commercial District if, in the judgment of the zoning administrator, the alternative tower structure conforms with the intent and goals set forth in this article.

e.

The zoning administrator may approve the installation of a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or through similar technology that does not require the use of towers.

(a)

Generally. 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 by right or permitted administratively (i.e., pursuant to either of Sections 5.105 and 5.106), then a special use permit shall be required for the construction of a tower or the placement of an antenna in the following zoning districts: the I-1, Light Industrial District, the I-2, General Industrial District, the C-3 Highway Commercial District, the A-1, Agricultural District and the PF, Public Facilities District.

(2)

Applications for special use permits under this section shall be subject to the special use procedures and requirements of this ordinance, except as modified in this section.

(3)

In granting a special 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 or antenna on adjoining properties.

(4)

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

(5)

An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution or ordinance of the city council to reimburse the city for the costs of reviewing the application.

(b)

Processing special use applications.

(1)

Information required. In addition to any information required for applications for special use permits pursuant to this ordinance, applicants for a special use permit for a tower or an antenna shall submit the following information:

a.

A scaled site plan clearly indicating the location, type and height of the proposed tower or antenna, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), master land use plan classification of the site and all properties within the applicable separation distances set forth in this section, adjacent roadways, 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 by the zoning administrator to be necessary to assess compliance with this ordinance.

b.

Legal description of the lot and the leased portion of the lot (if applicable).

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 Section 5.104(c) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing towers or antennas, as well as the owner/operator of the existing towers or 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 Section 5.104, as well as with the requirements of this section, and with all applicable federal, state, county or city laws, rules, regulations and ordinances.

h.

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

i.

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

j.

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

k.

A description of the feasible locations of future towers or antennas within the city 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 for consideration of special use permit applications pursuant to this ordinance, the planning commission shall consider the following factors in determining whether to issue a special use permit under this article, although the planning commission may waive or reduce the burden on the applicant for one or more of these criteria if the planning commission concludes that the intent of this article is better served thereby:

a.

Height of the proposed tower or antenna.

b.

Proximity of the 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 tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

g.

Proposed ingress and egress.

h.

Availability of suitable existing towers or antennas, other structures, or alternative technologies not requiring the use of towers or antennas or other structures, as discussed in Subsection (b)(3) of this section.

(3)

Availability of suitable existing towers, antennas, other structures, or alternative technology. No new tower or antenna shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning commission that no existing tower, antenna, structure or alternative technology can accommodate the applicant without the erection of the applicant's requested new tower or antenna. An applicant shall submit information requested by the planning commission related to the availability of suitable existing towers, antennas or other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, antenna, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing towers, antennas or other structures are located within the geographical area which meet the applicant's engineering requirements.

b.

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

c.

Existing towers or other structures do not have sufficient structural strength to support the 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, antenna or other structure or to adapt an existing tower, antenna or other structure for sharing are unreasonable. Costs exceeding new tower or antenna development are presumed to be unreasonable.

f.

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

g.

The applicant demonstrates that an alternative technology that does not require the use of towers, antennas or other structures, such as 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.

(4)

Setbacks. The following setback requirements shall apply to all towers and antennas for which a special use permit is required or which may be administratively approved.

a.

Towers must be set back a distance equal to at least 75 percent of the height of the tower from any adjoining lot line.

b.

Guys and accessory buildings must satisfy the minimum setback requirements for the applicable zoning district.

(5)

Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required or which may be administratively approved.

a.

Separation from off-site uses/designated areas.

1.

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

2.

Separation requirements for towers shall comply with the minimum standards established in Table 1.

¹ Separation measured from base of tower to closest building setback line.

² Includes modular homes and mobile homes used for living purposes.

³ Includes any unplatted residentially zoned properties without a valid preliminary subdivision plan or valid development approval and any land zoned for more intensive residential use than duplexes.

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 2.

(a)

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

(1)

The cabinet or structure shall not contain more than 120 square feet of gross floor area or be more than ten feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 120 square feet of gross floor area or ten feet in height, shall be located on the ground and shall not be located on the roof of the structure.

(2)

If the equipment structure 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.

(3)

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

(b)

Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following requirements:

(1)

In residential districts, the equipment cabinet or structure may be located:

a.

In a front or side yard, provided the equipment cabinet or structure is no greater than three feet in height or ten square feet of gross floor area and the cabinet structure is located a minimum of six feet from all lot lines (the cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 inches and a planted height of at least 36 inches); or,

b.

In a rear yard, provided the equipment cabinet or structure is no greater than three feet in height or ten square feet in gross floor area (the cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least eight feet and a planted height of at least 36 inches).

(2)

In commercial or industrial districts, the equipment cabinet or structure shall be no greater than six feet in height or 20 square feet in gross floor area (the cabinet or structure shall be screened by an evergreen hedge with an ultimate height of at least eight feet and a planted height of at least 36 inches).

(3)

For all situations not governed by Subsections (b)(1) or (2) of this section, the equipment cabinet or structures shall be screened from view of any property used for residences or included in a residential zone and which abuts or is directly across the street from the cabinet or structure by a solid fence six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.

(c)

Antennas located on towers. The related unmanned equipment structure shall not contain more than 300 square feet of gross floor area or be taller than the tallest principal building on the site, or if there is no building on the site, not more than two-thirds of the permitted height in the district, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

The provider shall notify the city of all changes in ownership or operation of the facility within 60 days of the change.

Notwithstanding anything to the contrary in Section 5.103(c), 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 city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds for the city to proceed under applicable State of Michigan law to remove the tower or antenna at the owner's expense. 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.

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