(a) New Facilities. New wireless telecommunications facilities, as defined in the Michigan Zoning Enabling Act, shall be permitted by special use approval in all zoning districts, regardless of whether a new support structure (tower) will be constructed or not, subject to the following standards:
(1) Before constructing a new facility, the applicant must demonstrate that they cannot achieve the needed service improvement by co-locating at an existing facility.
A. The applicant must submit coverage and/or capacity information, including propagation maps and other information requested by the City, to demonstrate the needed service improvement and why co-location is not possible.
B. If an owner or operator of an existing tower refuses to allow a co-location, written evidence of the denial of the co-location request must be submitted to the City, and must include the reason for the denial.
(2) To the extent practical, all ground equipment associated with the facility must be enclosed within a locked building.
(3) Information must be submitted showing that the facility is in compliance with all applicable FCC regulations regarding radio frequency emissions.
(4) Information must be submitted showing that the facility will not cause interference with any nearby existing telecommunications facilities.
(5) Signage notifying the public of potential high voltage and radio frequency emissions and giving the contact information for the tower owner and the operators of all equipment on the site must be posted on the exterior fence.
(6) If a new tower is to be constructed for the facility, it shall meet the following standards:
A. The tower must be set back from all property lines by a distance equal to 1.5 times its height.
B. Lighting on the tower shall be prohibited unless required by the Federal Aviation Administration.
C. The tower must be a monopole design. Guyed and lattice towers are prohibited.
D. No signage shall be placed upon the tower structure.
E. The tower must be the shortest possible height required to provide the service desired by the applicant. The applicant must submit coverage and/or capacity information, including propagation maps and other information requested by the City, to demonstrate the needed service improvement and why the requested height is necessary. The City may request further information, including propagation maps, demonstrating the service at lower heights, in order to determine for itself whether the requested height is necessary.
F. The base of the tower and all associated equipment must be surrounded by a locked, opaque screening fence meeting the standards of the zoning district that the tower is located within.
G. The applicant must demonstrate the number of colocation sites that will be available on the tower.
H. A structural analysis, signed and sealed by a licensed engineer, must be submitted demonstrating that the proposed tower will be able to support all proposed antennae, including co-locations.
I. The applicant must submit renderings or photo-sims of the proposed tower as viewed from the following locations:
1. The nearest public roadway.
2. The nearest residential use.
3. Any other location requested by the City from which the tower may potentially be visible.
J. The applicant must pay all required fees, as designated by the City Commission.
(b) Co-Locations and Modifications to Existing Facilities.
(1) Co-locations and modifications to existing facilities shall not require special use or site plan approval, except as described in Subsection (2), below. The Zoning Administrator shall have the authority to approve all co-locations and modifications that meet the standards of this Section, and shall be able to request the input and recommendation of the Planner and Engineer at their discretion.
(2) Under the following circumstances, co-locations and modifications shall require special use approval, regardless of the zoning district they are located in:
A. The applicant proposes to increase the height of an existing tower by more than twenty feet, or 10% of its original height, whichever is greater.
B. The applicant proposes to increase the width of the tower by more than the minimum necessary for structural stability given existing and proposed antennae.
C. The applicant proposes to increase the ground-level compound to more than 2,500 square feet in area.
(3) Co-locations and modifications must meet the following standards in order to be approved, either administratively or by special use.
A. The applicant must submit a structural analysis, signed and sealed by a licensed engineer, demonstrating that the tower, in its present condition, has the structural capacity to support any proposed new antennae or other tower-mounted equipment.
B. The applicant must submit the results of an inspection of the condition of the tower and equipment compound, noting any potential problems with the facility that could impact the health, safety, and welfare of the surrounding area, or the effective provision of service from the facility. Any concerns raised by the inspection must be corrected during construction of the modification of the co-location.
C. Information must be submitted showing that the facility is in compliance with all applicable Federal Communications Commission regulations regarding radio frequency emissions.
D. Information must be submitted showing that the facility will not cause interference with any nearby existing telecommunications facilities.
E. No lighting may be added to the tower unless required by the Federal Aviation Administration.
F. Signage notifying the public of potential high voltage and radio frequency emissions and giving the contact information for the tower owner and the operators of all equipment on the site must be posted on the exterior fence. No signage shall be placed upon the tower structure.
G. The applicant must pay all required fees, as designated by the City Commission.
(c) Timeline for Approval. The City will comply with all state and federal requirements for approval timelines. In the event of changes to federal or state law, this section shall be void and the laws in place at the time of application shall be followed.
(1) For new facilities, the City shall request all required information within fourteen business days of the application being filed with the Inspection Division. The City shall issue a decision on the special use within ninety days of the application being deemed complete by the City.
(2) For modifications and co-locations, the City shall request all required information within fourteen business days of the application being filed with the Inspection Division. The Building Official shall issue an administrative approval within sixty days of the application being deemed complete by the City.
(3) Once the City has notified an applicant that an application is incomplete, if the applicant does not provide any new information for 180 days, the application will be deemed to have been withdrawn. Any new information submitted after 180 days shall be deemed a new application for the purposes of this Zoning Code and the Michigan Zoning Enabling Act.
(d) Abandonment and Removal. At the time of application for a new tower structure, the applicant shall, at its cost and expense, be required to execute and file with the City a bond in an amount of at least one hundred fifty thousand dollars ($150,000). If the tower is not used for as a wireless telecommunications facility for any period of six consecutive months, it must be removed at the expense of the property owner and/or owner of the tower. If the property owner and/or owner of the tower fail to remove the tower, the bond shall be forfeited, and the bond amount shall be used by the City to remove the tower.
(Ord. 10-2020. Passed 11-24-20; Ord. 03-2023. Passed 5-2-23.)