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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
