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(A) Standards. Standards in this section shall apply to all of the following uses in zoning districts where they are identified as special uses in the district regulations chapter for each zone. These uses are: religious, social, educational, rehabilitation, incarceration institutions, kennels, museums, libraries and state licensed residential facilities for seven or more residents.
(B) Site location principles.
(1) It is desirable that any institutional structure or use to be located within a residential district should be located at the edge of a residential district, abutting either a business or industrial district or adjacent to public open space.
(2) Motor vehicle entrances should be made on a major thoroughfare, or as immediately accessible from a major thoroughfare. This is to avoid the impact of traffic generated by the institutional use upon the residential area.
(3) Site locations that offer a natural or human-made barrier that would lessen the effect of the intrusion of the institutional use into a residential area are preferred.
(C) Development requirements. Ambulance and delivery areas shall be obscured from all residential view by a solid masonry wall six feet in height. Access to and from the delivery and ambulance area shall be directly from a major, minor or principal collector thoroughfare.
(D) Substance abuse rehabilitations center.
(1) Such uses shall front onto a primary road. The main means of access to the facility for patients, visitors and employees shall be via the primary road. In no case shall access be from a residential street.
(2) The principal building shall be set back at least 50 feet from side and rear property lines. The front yard setback shall meet the requirements of the district in which the facility is located.
(3) Open space will be required and will be site specific.
(4) Screening will be required and will be site specific.
(E) Kennels, animal shelters and veterinary hospitals. No animal runs shall be less than 150 feet from a lot line abutting a residential district.
(Ord. passed 11-2-2005)
(A) Site shall be enclosed on side lot lines of development to the front of the building and on the rear lot line by a privacy fence with a minimum height of five feet and a maximum height of six feet.
(B) Site shall be enclosed at the front setback line of the development by an open-face fence with a minimum height of four feet and maximum height of five feet.
(C) All parking and driveways shall be paved and supplied with proper drainage structures.
(D) Hours of operation must be approved as part of the site plan review process.
(E) No storage of hazardous or flammable liquids, solids or gases.
(F) No business activity shall occur from the storage units.
(G) Site must contain a minimum of 40,000 square feet.
(H) No additional uses will be permitted per 40,000 square feet in addition to mini-storage.
(I) No open storage will be permitted excluding RVs. If RVs are being stored, they must be fully screened from residential view.
(J) Buffering meeting the requirements of § 154.009(A) is required.
(K) All access aisles and entrances to the site shall be paved with asphalt or concrete with appropriate storm water drainage. Where possible, access to individual units shall face the interior of the site to avoid perimeter traffic.
(Ord. passed 11-2-2005)
(A) Exempt activities. School fund raising activities are exempt from the special use permit requirements of this section. Private garage and yard sales in any R District are exempt from the special use permit requirements of this section.
(B) Evidence of ownership or permission. Evidence of ownership, lease or permission for use of any site for which a temporary permit or approval is sought must accompany all permit requests.
(C) Length of permit. A temporary permit may be granted by the Planning Commission for a maximum of three consecutive months. Additional temporary permits for the same proponent on the same site may be granted no sooner than one month following the expiration of the previous permit. The total time period for all temporary permits granted to one proponent shall not exceed six months in one calendar year.
(D) Temporary structures. Temporary structures used to support outdoor assembly activities are those with no foundation.
(1) No portion of the structure may become unattached or move as the result of wind.
(2) The temporary structure must be anchored to withstand a 30 pounds per square foot wind stress factor.
(3) Temporary structures must be removed prior to expiration of the permit.
(4) Temporary structures used to support outdoor assembly activities for which the permit is requested shall not be used to provide overnight shelter for people participating in or requesting the special use.
(E) Uses requiring an official site plan and Planning Commission review. If the use is for greater than three days, within a 30-day period, a site plan, in conformance with the requirements outlined in Chapter 9, site plan review, must be submitted to the Planning Commission, and all other provisions of this section must be followed, but no fee is required. The owner of the property on which the temporary use is located is responsible for providing the site plan showing the temporary indoor or outdoor use and its conformance with ordinance requirements. This site plan may be an addition to the original plan for the property. Any violations of the temporary use are the responsibility of the owner of the property on which it is located.
(1) Overnight residing on temporary site. The temporary site may not be occupied for more than 12 hours per day. In no event shall overnight occupation be automatically permitted. Overnight residing on a temporary site of outdoor assembly is only allowed if specific permission is granted by the Planning Commission or Zoning Administrator.
(2) Temporary signs. Temporary signs shall be allowed, by permit, for a total of 30 days in any six-month period. A total of two temporary sign permits may be granted for one parcel in a year.
(3) Sanitary facilities. Sites selling items for human consumption must have access to hand washing and toilet facilities. Sites selling items not for human consumption must have access to toilet facilities only.
(4) Display of goods. Display and sale of goods may not be within the required yards for the zoning district.
(F) Uses not requiring an official site plan or Planning Commission approval. Private temporary outdoor uses and those associated with nonprofit organizations meeting the definition of “nonprofit organizations” in § 154.005, may be granted temporary use permits by the Zoning Administrator, at no cost to the organization. The site plan must be approved by the Fire and Police Departments.
(Ord. passed 11-2-2005)
(A) Intent. This section is intended to encourage innovation in land use patterns and variety in design for development of parcels as well as encouraging economy and efficiency in provision of public services, the use of land, natural resources and energy. These regulations provide flexibility for developers while protecting public values.
(B) Permitted uses and standards.
(1) A planned unit development (PUD) may include all uses by right and special uses listed for the zoning district that applies to its site, and for the zoning district that immediately precedes and follows it in the following list of districts:
(a) R-1;
(b) R-2;
(c) R-3;
(d) B; and
(e) I.
(2) For example, a PUD proposed for a parcel zoned R-2 could include all uses identified for the R-1, R-2 and B Zoning Districts.
(3) When a Use is listed only as a special use for the applicable zoning districts, all special use permit standards for said use will apply. When a use is listed as a special use in one of the applicable zoning districts, and as a use by right in another, it may be treated as a use by right for the PUD.
(C) Use density and parcel coverage. Parcel coverage limits for the applicable zoning district must be met overall, with the following additions.
(1) Residential coverage in business zoning districts. For a PUD located in the B Zoning Districts, up to 50% of the allowable parcel coverage may be devoted to structures for residential uses.
(2) Nonresidential coverage in residential zoning districts. For a PUD located in the R-1 or R-2 Zoning Districts, up to 20% of the allowable parcel coverage may be devoted to structures for nonresidential uses.
(3) Residential density. The maximum residential density shall be one dwelling unit for every 4,000 square feet of parcel area. Single-family or two-family dwellings shall meet the dwelling unit area requirements specified for the R-2 Zoning District. Multiple-family dwellings shall conform to the R-2 requirements.
(D) Dimensional requirements. Front yard setback requirements for the applicable zoning district shall apply to all boundaries of the PUD. Building height limitations and minimum yards between dwelling structures shall be as specified for the C-1 Zoning District; however, if plots of land in a PUD are proposed for resale as either fee simple parcels or site condominiums, said parcels or condominium units, and any buildings thereon, must meet the parcel dimension and yard requirements for the R-3 Zoning District.
(E) Buffering for residential uses. When a PUD contains a mix of residential and other uses, the following provisions shall be enforced.
(1) Separate buildings. In any PUD, a building devoted to nonresidential use must be separated from adjacent residential buildings by a yard area not less than 30 feet across, developed as landscaped open space and not used for parking or circulation of motor vehicles. This area may apply toward satisfaction of the PUD’s open space requirement, as noted below.
(2) Within same building. When residential and nonresidential uses occupy space in a single building in a PUD, a continuous physical separation must be provided between spaces devoted to said uses. Access doorways are allowed, but the separation must provide at least a one-hour fire rating between residential and nonresidential space.
(F) Open space. At least 10% of any parcel containing a PUD must be devoted to landscaped open space. Forest, wetland or other unique environmental areas may be left in a natural state. Cropland may not be counted as landscaped open space, nor may yard areas of individual residential lots be included; however, landscaped yard areas for multiple dwellings or nonresidential uses may be included. If the PUD includes multiple dwellings, it must have at least 1,000 square feet of open space per dwelling unit.
(G) Parking and circulation. Parking for uses in a PUD shall conform to the requirements of individual uses. Roadways in a PUD are intended to be public streets, and must be built to the standards of the applicable public agency.
(Ord. passed 11-2-2005)
(A) Occupancy. Spaces in RV parks or campgrounds may be used by motor homes, travel trailers, campers, tents or other short-term housing or shelter arrangements.
(B) Resident manager. Each RV park or campground shall be directly supervised by a resident manager who may share such duties with other members of his or her family. Management shall be accessible to park tenants at all times (24 hours) when park spaces are rented. The manager’s residence shall include the business office for the park and at least 1,000 square feet of living area for the manager’s family.
(C) Regulatory compliance required. RV parks or campgrounds must maintain compliance with all regulations of the State Department of Community Health and the State Department of Natural Resources that apply to such enterprises. Failure to comply with any such regulation shall constitute a violation of this chapter.
(D) Greenbelt, fence and setback. The entire perimeter of any RV park or campground shall be enclosed by a fence at least four feet high. Further, there shall be a greenbelt planting strip not less than 15 feet wide around the entire site. Said greenbelt shall contain at least one straight or staggered row of deciduous or evergreen trees, spaced not more than 20 feet apart and at least two rows of deciduous or evergreen shrubs that will grow to an ultimate height of at least six feet planted not more than six feet apart. All individual campsites are to be set back at least 75 feet from any street right-of-way or neighboring property line.
(E) Access and circulation. Each park shall be served by not more than one point of access to each abutting street or road. No such access shall require a turn at an acute angle for vehicles moving in the direction intended. Design of curbs and pavements at such access points shall be such as to facilitate easy movements for vehicles with trailers attached. Clear vision areas shall be maintained for drivers, extending 150 feet in each direction on any abutting road and for 25 feet on the park entrance road. Roadways within the park shall be hard surfaced, dust free and at least 24 feet wide for two-way traffic or 12 feet wide for one-way traffic. Parking shall not be permitted on these roadways, and they shall be posted for a maximum speed of ten mph.
(F) Personal care facilities. Each RV park or campground shall include men’s and women’s restroom and bathing facilities in all-weather, heated structures. These facilities shall include adequate water outlets, washbasins, toilets, showers and waste containers. These facilities shall be provided uniformly through out the park at a ratio not less than one toilet and sink for each eight camping or RV sites. These facilities shall be kept in good working order and each structure shall be cleaned thoroughly daily.
(G) Other public facilities. Each park shall have waste pump-out facilities for recreational vehicles that shall have an approved connection to a municipal sewage collection and treatment system or shall have waste removed by a licensed waste hauler for treatment at a municipal treatment facility. Each park shall be served by a commercial solid waste disposal service, providing on-site storage container(s) large enough to accommodate a three-day accumulation of solid waste with all sites in the park occupied. Said service shall provide pick up of waste at least weekly when the park is operating and frequently enough to insure that said container(s) are never overloaded. Finally, at least 15% of the site, not including the greenbelt and setback areas as defined in this section, shall be devoted to shared open space uses, including, but not limited to, playgrounds, picnic areas, court or field sports, or natural areas. This shall not include parking and vehicle circulation areas.
(H) Individual campsite requirements. Each RV parking site or campsite shall be a minimum of 1,200 square feet in area and shall include the following amenities: an electrical power outlet and fixed facilities for cooking using charcoal or wood as fuel with a fire that is not placed directly upon the ground, unless in a specified metal fire ring in a specified location. Metal trash container with a lid and volume of at least two cubic feet that shall be emptied daily by park personnel to the solid waste facility and a gravel or hard surfaced parking area of at least 200 square feet.
(Ord. passed 11-2-2005)
(A) Intent. There are some uses that because of their very nature are recognized as having serious objectionable operational characteristics, particularly when several of them are grouped. Such uses may have deleterious effects upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse affects will not contribute to blighting or downgrade the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area or next to residential zones or certain institutional uses.
(B) Distance restrictions.
(1) Sexually oriented businesses or adult media stores shall not be permitted to be established within 1,000 feet of each other. This distance shall be measured from the property lot line of one sexually oriented business or adult media store to the property lot line of the other sexually oriented business or adult media store.
(2) It shall be unlawful to hereafter establish any sexually oriented business or adult media store, as defined, within 1,500 feet of any agriculturally or residentially zoned property or within 1,500 feet of any religious or educational institution, library, day care center, public park or recreational land use. This distance shall be measured from the property lot line of the sexually oriented business to the property lot line of the agriculturally or residentially zoned property or the property lot line of any religious or educational institution, public park or recreational land use.
(C) Signs and public or exterior display.
(1) Window displays, signs, decorative or structural elements of buildings shall not include or convey specific examples of actual adult uses, and are limited to the sign provisions of this chapter.
(2) No sexually oriented business or adult media store shall be conducted in any manner that permits the observation of any material depicting, describing or relating to “specific sexual activities”, “specified anatomical areas” or “sexually oriented toys or novelties” (as defined in this chapter) from any public way or from any property not licensed as a sexually oriented business or adult media store. This provision shall apply to any display, decoration, sign, show window, structural elements or other opening.
(D) Precautionary note to the Zoning Board of Appeals. When considering any appeal from a sexually oriented business or adult media store for reduction of spacing or separation standards established herein, the Zoning Board of Appeals shall address each of the following issues and include the findings regarding each point in their minutes.
(1) Chapter intent. The proposed use shall not be contrary to the intent and purpose of this chapter, or injurious to nearby properties.
(2) Blighting influence. The proposed use shall not enlarge or encourage the development of a concentration of such uses or blighting influences.
(3) Neighborhood conservation. The proposed use shall not be contrary to any program of neighborhood conservation, revitalization or urban renewal.
(4) Other standards. The proposed use, and its principal building, shall comply with all other regulations and standards of this chapter.
(Ord. passed 11-2-2005)
(A) Scope of regulations.
(1) This section regulates extraction, filling or repositioning of soil, sand, gravel, clay or other geologic deposit involving disturbance of more than 1,000 cubic yards of material, when such disturbance is not related to construction of a building, structure or parking lot.
(2) This section also applies to artificial ponds created by soil excavation or intervention in watercourses, surface drainage or groundwater aquifers, regardless of size and whether the creation of the pond is an end in itself or merely a by-product of soil extraction activity.
(3) Ponds created by embankments or dams across streams or watercourses are not permitted in the city.
(4) Finally, oil wells are specifically exempted from this section, because they are regulated solely by the State Department of Natural Resources.
(B) Additional information required for site plan. The site plan for any activity regulated by this section must include the following additional information.
(1) A profile of the proposed excavation, illustrating elevations and changes in slope, with elevations noted in five-foot intervals. If water is expected to accumulate in the excavation, the projected water level must also be shown.
(2) A soil evaluation report describing the excavation site and any needed drainage or seepage corrections.
(3) The specifications for any spillway or drain for a proposed, including the proposed methods of foundation preparation or fill placement.
(C) Excavation site requirements.
(1) Avoid sites of ecological significance, such as wetlands or mature forest. If wetlands are to be affected, a state permit may be needed.
(2) Excavations that create ponds should be located to minimize the chance of pollution from sources such as feedlots, corrals or septic tanks.
(3) Excavations may be no closer than 50 feet, measured horizontally, to a power line, and may not be within a public utility or transportation easement.
(D) Construction and operation requirements.
(1) An excavation should not change surface drainage or underwater aquifers so as to adversely impact neighboring uses.
(2) Any pond banks shall have a maximum slope of one foot vertical to four feet horizontal that extends below the projected low water surface elevation to a depth of at least eight feet.
(3) Minimum designed water depth of a pond must be 15 feet to ensure proper aeration and circulation of the water.
(4) All required environmental permits shall be obtained and obeyed, including the soil and sedimentation control permit under Public Act 347 of 1972, being M.C.L.A. §§ 324.9101 through 324.9123a.
(5) Any excavated material not removed from the site shall be graded to a continuous slope that does not exceed one foot vertical to three feet horizontal and arranged to prevent runoff from impacting adjacent properties. Said fill shall blend visually with the surrounding landscape.
(6) By October 15 of each year, the completed portion of an excavation and any disturbed area around it shall be graded and seeded.
(7) No machinery or equipment shall operate, and no trucks, trailers or other conveyances shall arrive at any excavation site before 7:00 a.m. or after 8:00 p.m..
(8) Proper measures shall be taken to minimize the nuisance of traffic noise and flying dust or soil while a site is being excavated.
(9) When two or more dwellings are located within 200 feet of the edge of any water body on an excavation site or on any parcel, said water body shall be enclosed by a fence at least four feet high with a lockable gate.
(10) Ponds constructed for recreational purposes must be located behind the principal structure and outside of the rear and side yards.
(Ord. passed 11-2-2005)
(A) Intent and purpose. The intent and purpose of these regulations is to accommodate the communications needs of people while protecting the public health, safety and general welfare of the community. These regulations will:
(1) Facilitate the provision of wireless telecommunication services to the residents and businesses of the city;
(2) Minimize adverse visual effects of towers through design and siting standards;
(3) Avoid potential damage to adjacent property from tower failure through structural standards and setback requirements; and
(4) Maximize the use of existing approved towers and buildings to accommodate new wireless telecommunication facilities in order to reduce the number of towers necessary to serve the community.
(B) Existing towers and/or structural supports. A wireless communication facility shall require a building permit in all instances and may be permitted in all districts as follows.
(1) A wireless service facility may locate on any existing commercial guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower or water tower, provided that the installation of the new facility does not increase the height of the existing structure except as provided in the height regulations in this chapter. Such installations shall be permitted by right in all zoning districts and be permitted through city staff review.
(2) Towers supporting amateur radio antennas and conforming to all applicable provisions of this chapter shall be allowed in the rear yard of parcels. Amateur towers shall not support any commercial use antennas.
(3) Commercial or municipal towers conforming to all applicable provisions of this chapter shall be allowed only on the following sites by right and shall be permitted through the site plan review procedures outlined in this chapter:
(a) Church sites, when camouflaged as steeples or bell towers;
(b) Park sites, when compatible with the nature of the park; and
(c) Government, school, utility and institutional sites, according to the statement of priority of users and minimum requirements for use of city-owned properties.
(4) Wireless telecommunication antennas on roofs, walls and existing towers may be approved by the city staff provided the antennas meet the requirements of this chapter after submittal of a final site plan and a report prepared by a licensed professional engineer indicating the existing structure or tower’s suitability to accept the antenna and the proposed method for affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.
(C) Newly constructed towers. A wireless communication facility shall require a building permit in all instances and may be permitted in all districts as follows.
(1) Newly constructed towers in residentially zoned areas are only permitted if they are towers supporting amateur radio antennas and conforming to all applicable provisions of this chapter. Amateur radio towers shall only be allowed in the rear yard of parcels. Amateur towers shall not support any commercial use antennas.
(2) Newly constructed towers in business or industrial district areas are allowed by special use permit under the following situations. The City Commission finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one and one-half mile radius of the proposed tower location due to one or more of the following reasons:
(a) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost;
(b) The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost;
(c) Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer; and/or
(d) Other unforeseen reasons make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
(D) Collocation.
(1) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate, thereby reducing the number of wireless service facilities that are stand-alone facilities.
(2) All applicants for a special use permit for a wireless service facility shall demonstrate a good faith effort to collocate with other carriers.
(3) Such good faith effort includes:
(a) A survey of all existing structures that may be feasible sites for collocating wireless service facilities;
(b) Contact with all the other licensed carriers for commercial mobile radio services operating in the county; and
(c) Sharing information necessary to determine if collocation is feasible under the design configuration most accommodating to collocation.
(4) In the event that collocation is found to be infeasible, a written statement of the reasons for the lack of feasibility shall be submitted to the city.
(5) The city may retain a technical expert in the field of RF engineering to verify if collocation at the site is not feasible or is feasible given the design configuration most accommodating to collocation. The cost for such a technical expert will be at the expense of the applicant. The city may deny a special use permit to an applicant who has not demonstrated a good faith effort to provide for collocation.
(E) Tower construction.
(1) Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically and in alt respects to accommodate both the applicant’s antennas and comparable antennas for at least two additional users.
(2) Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. Towers shall be constructed to ANSI EIA TIA-222-F Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and National Building Code construction standards for steel structures.
(F) Tower, and accessory building design. Proposed or modified towers and antennas shall meet the following design requirements.
(1) Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.
(2) Commercial wireless telecommunication service towers shall be of a monopole design unless the City Commission determines that an alternative design would better blend into the surrounding environment.
(3) All utility buildings and structures accessory to a transmission structure 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.
(G) Tower setbacks. Towers shall conform to each of the following minimum setback requirements.
(1) Towers shall meet the setbacks of the underlying zoning district with the exception of industrial zoning districts, where towers may encroach into the rear setback areas, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.
(2) Towers shall be set back from planned public rights-of-way as shown on the city’s Master Plan by a minimum distance equal to one-half of the height of the tower including all antennas and attachments.
(3) Towers shall not be located between a principal structure and a public street, with the following exceptions:
(a) In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street; and
(b) On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.
(4) A tower’s setback may be reduced or its location in relation to a public street varied at the discretion of the City Planning Commission to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standards, power line support device or similar structure.
(5) Towers and associated structures, including fencing, may not be constructed within 500 feet of a dwelling unit, except where they are being collocated on existing towers or structures.
(H) Tower height. In all zoning districts, the maximum height of any tower, including antennas and other attachments, shall not exceed 150 feet, except as granted by the Zoning Board of Appeals.
(I) Tower lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the tower.
(J) Signs and advertising. The use of any portion of a tower for signs or other forms of advertising other than warning or equipment information signs are prohibited.
(K) Abandoned or unused towers or portions of towers. Abandoned or unused towers or portions of towers shall be removed as follows.
(1) All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Zoning Administrator. A copy of the relevant portions of a signed lease that requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower and associated facilities are not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property.
(2) Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new special use permit.
(3) If the abandoned status of a tower or facility is contested, it is the obligation of the owner or lessee to provide documentation that the tower is currently in use within 30 days of written notification of abandoned status.
(L) Interference with public safety telecommunications.
(1) No new or existing telecommunications service shall interfere with public safety telecommunications.
(2) All applications for new service shall be accompanied by an inter-modulation study that provides a technical evaluation of existing and proposed transmission and indicates all potential interference problems.
(3) Before the introduction of new service or changes in existing service, telecommunication providers shall notify the city at least ten calendar days in advance of such changes and allow the city to monitor interference levels during the testing process.
(M) Modifications. A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility and will require a special use permit when the following events apply:
(1) The applicant and/or co-applicant wants to alter the terms of the special use permit by changing the wireless service facility in one or more of the following ways:
(a) Change in the number of facilities permitted on the site; and/or
(b) Change in the technology used for the wireless service facility.
(2) The applicant and/or co-applicant wants to add any equipment or additional height not specified in the original design filing.
(N) Site plan submission requirements.
(1) General filing requirements.
(a) Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants;
(b) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the personal wireless service facility; and
(c) Original signatures for the applicant and all co-applicants applying for the special permit. If the applicant or co-applicant will be represented by an agent, original signature authorizing the agent to represent the applicant and/or co-applicant. Photo reproductions of signatures will not be accepted.
(2) Location filing requirements.
(a) Identify the subject property by including the municipality as well as the name of the locality, name of the nearest road or roads, and street address, if any;
(b) Tax map and parcel number of subject property;
(c) Zoning district designation for the subject parcel; and
(d) A line map to scale showing the lot lines of the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.
(3) Siting filing requirements.
(a) A one-inch equals 40-feet vicinity plan showing the following:
1. Property lines for the subject property;
2. Property lines of all properties adjacent to the subject property within 300 feet;
3. Tree cover on the subject property and adjacent properties within 300 feet, by dominant species and average height, as measured by or available from a verifiable source;
4. Outline of all existing buildings, including purpose (e.g., residential buildings, garages, accessory structures and the like) on subject property and all adjacent properties within 300 feet;
5. Proposed location of antenna mount and equipment shelter(s);
6. Proposed security barrier, indicating type and extent as well as point of controlled entry;
7. Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet, including driveways proposed to serve the personal wireless service facility;
8. Distances, at grade, from the proposed personal wireless service facility to each building on the vicinity plan;
9. All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways; and
10. Representations, dimensioned and scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the personal wireless service facility.
(b) Siting elevations, or views at-grade from the north, south, east and west for a 50-foot radius around the proposed personal wireless service facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eighth-inch-equals-one-foot scale and show the following:
1. Antennae, mounts and equipment shelter(s), with total elevation dimensions and AGL of the highest point;
2. Security barrier. If the security barrier will block views of the personal wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier;
3. Any and all structures on the subject property; and
4. Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.
(4) Design filing requirements.
(a) Equipment brochures for the proposed personal wireless service facility such as manufacturer’s specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
(b) Materials of the proposed personal wireless service facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass and the like). These shall be provided for the antennas, mounts, equipment shelters, cables, as well as cable runs, and security barrier, if any.
(c) Dimensions of the personal wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
(d) Landscape plan including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
(e) If lighting of the site is proposed, the applicant shall submit the manufacturer’s computer-generated point-to-point printout, indicating the horizontal foot candle levels at grade, within the property to be developed and 25 feet beyond the property lines. The printout shall indicate the locations and types of luminaries proposed.
(Ord. passed 11-2-2005)
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