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(A) A nonsealed site plan shall be submitted for the Planning Commission approval for the following.
(1) When, in the opinion of the Building Department a drawing or plan is needed for proper Planning Commission review.
(2) For building additions or accessory buildings in excess of 1,000 square feet in the RM-1, RM-2, OS-1, B-1, B-2, B-3, IRO, I-1 and I-2 Districts.
(3) Whenever a single family dwelling is converted to a use other than a two family dwelling and such use would not otherwise require a sealed site plan by this section and if such use abuts a single or two family dwelling, the Planning Commission shall review such plan to ensure that the proposed use will not have an adverse impact on the abutting single family or two family dwellings. In its review, the Commission may require landscaping, fencing, the reduction of on-site lighting or similar measures to ensure that the impact of the proposed use on nearby residents is minimized.
(4) Reserved.
(5) Reserved.
(6) Reserved.
(B) A sealed site plan shall be to the City Building Department for the following:
(1) Any new development in an RM-1, RM-2, OS-1, B-1, B-2, B-3, IRO, I-1 and I-2 Districts;
(2) Any expanded use, change of use, building addition or accessory building in RM-1, RM-2, OS-1, B-1, B-2, B-3, IRO, I-1, or I-2 District which requires additional off-street parking as required in § 82-455 over and above 15% of that existing;
(3) Any nonresidential class A nonconforming use;
(4) Any nonresidential use or change of use in the R-1, R-2 or RT Districts;
(5) Any new construction (not including additions) of a non-residential nature in the R-1, R-2 or RT Districts except single family and two family dwellings. This shall not include uses which are conducted from a residence where the business operator lives (i.e. day care, bed and breakfast, home occupations);
(6) Any additions to non-residential structures in the R-1, R-2 or R-T Districts where the addition exceeds 1,000 square feet or where additional off-street parking is required over and above 15% of existing parking spaces provided as required in § 82-455. This shall not include uses which are conducted from a residence where the business operator lives (i.e. day care, bed and breakfast, home occupations).
(C) Applications for sealed site plan approval for all projects shall consist of the following.
(1) Application form and appropriate fee as adopted by the City Council.
(2) Ten full-size copies of the site plan and 1 reduced copy, no larger than 11 inches x 17 inches which can be photocopied.
(3) A scale of not less than 1 inch = 50 feet if the subject property is less than 3 acres and 1 inch = 100 feet if 3 acres or more.
(4) Date, north point, and written and graphic scale.
(5) Legal description; lot line dimensions, tax parcel number(s), and address of the site.
(6) Name and address of the property owner of record, developer, and any architect, planner, designer, engineer or other licensed professional responsible for the preparation of the site plan.
(7) Vicinity map, showing the location of the site, in relation to the nearest cross street and section corner.
(8) General information about the site:
(a) Zoning district of the site and all adjacent properties;
(b) Land use of the site and all adjacent properties and buildings within 100 feet of subject property;
(c) Proposed use of the site;
(d) Parcel area in acres or square feet, including property line dimensions;
(e) The location of all existing structures on the subject property and within 100 feet of the subject property, including buildings, drives, parking areas, wells, septic tanks, drain fields, utilities, poles, ditches, underground storage tanks, above ground storage areas, and the like;
(f) Existing deed restrictions, if any;
(g) Location, width and purpose of existing easements;
(h) Soil type information;
(i) Location and type of natural features on or adjacent to the site, such as woods, streams, marshes, wetlands, fence rows, individual trees of 6 inches or larger in caliper when not located in a woods, and the 100 year flood area;
(j) Existing topography on the site.
(9) General information about the proposed development on the site:
(a) The location of all proposed structures on the subject property (length and width of all buildings must be labeled);
(b) Ground floor and total floor area to be constructed;
(c) Floor coverage ratio (ground floor area/lot area);
(d) Floor area ratio (total floor area/lot area);
(e) Number of buildings;
(f) Building height, in feet and number of floors;
(g) Required yards and setbacks and corner clearance (delineated on the plan);
(h) Number of parking and loading spaces required and supporting calculations, including provisions for barrier free spaces;
(i) Size of parking spaces, aisles, and angle of proposed parking spaces with a clear indication of all paved areas;
(j) Proposed fences or screens, location, height, type and typical details;
(k) Proposed site lighting location, type, height, intensity, direction, and other typical details;
(l) Proposed deed restrictions, if any;
(m) Location and screening of trash storage areas. (Per § 82-460(6)) If no outdoor trash areas are intended, the plan shall so state;
(n) Proposed identification and advertising signs location, dimensions and area, height, illumination, typical copy;
(o) Proposed on-site traffic control signs location, type, height;
(p) Proposed building address number locations, typical copy, dimensions.
(10) Utilities plan demonstrating the general proposed utility layout for sanitary sewer, water, storm water, communication (i.e. telephone and cable TV), electricity, fire hydrants (both on and off site), fire lanes, and natural gas.
(11) Information about the proposed and existing transportation network:
(a) Surface type and right-of-way widths of all existing streets and alleys abutting the site;
(b) Surface type, right-of-way width, easements, location and type of curbing, length and width of turning lanes, and curve radii for all proposed drives, alleys and/or streets;
(c) The names of all proposed streets, alleys, and drives;
(d) Proposed sidewalk and pedestrian paths location, width, surface types, and typical cross section;
(e) Acceleration lanes and traffic pattern.
(12) Site grading, drainage, and retention plan, including on-site elevations for pavements, drives, parking lots, curbs, sidewalks and finish grade at building except in the R-1, R-2, and RT Districts.
(13) Landscape plan showing plant materials to be used in accordance with § 82-460.
(14) In addition to the items listed above, residential development site plans must also indicate:
(a) Number and type of dwelling units;
(b) Individual lot dimensions and areas;
(c) Number and timing of phases;
(d) Proposed location of central mailboxes, if applicable;
(e) The location of open and/or recreation areas, if applicable.
(15) In addition to the items listed above, multiple family developments must include the following additional items:
(a) Total number of rooms;
(b) Total number of dwelling units;
(c) Number of dwelling units and bedrooms in each building;
(d) Percent of 1 room apartments (efficiencies);
(e) Special site features (play areas, pools, and the like), if applicable;
(f) Number and timing of phases;
(g) The location of central mailboxes, if applicable.
(D) In the process of reviewing the site plan, the Planning Commission shall utilize the following checklist:
(1) The location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site, and including acceleration and deceleration lane needs;
(2) Needs for service drives (marginal access roads);
(3) Parking lot layout, including ingress, egress, and driveway widths;
(4) Loading and unloading areas and building service areas;
(5) Location and requirements for fences, walls and greenbelts;
(6) Special site features such as play areas, pools, and the like;
(7) Landscape plans showing size and type of plant materials utilized.
(E) Mobile home park site plans shall not be required to follow the procedures given in subsections (A) through (D) of this section. Review of plans for mobile home parks shall be conducted in accord with R 325.338 Rule 81 of the Michigan Administrative Code.
(F) Approval duration. Following approval of the site plan, the Building Inspector may issue a building permit upon approval of proper construction plans and shall insure that the development is undertaken and completed in accordance with the approved plans. For any approved site plan, building permits must be obtained encompassing a minimum of 25% of the gross floor area shown on the site plan within 12 months of the date of site plan approval, or the site plan shall be deemed null and void, without any further action by the city. The Planning Commission may, upon application in writing stating the reasons therefore, extend the 12-month period for an additional period of up to 12 months. Renewal must be requested in writing prior to the expiration of the site plan approval. The site plan may be renewed twice and the Planning Commission may require compliance with any ordinances adopted after the applicant received the original approval.
(G) The intent of this subsection is to permit improvement and minor modification to a conforming use and building which does not meet all of the site improvement regulations of this chapter. The intent is to permit partial compliance with the article requirements for site improvements for developed or partially developed sites which predate the zoning ordinance standards for landscaping, paving and non- safety site related improvements. Such improvements or expansions may be permitted by the Planning Commission during site plan review without a complete upgrade of all site elements under the following conditions.
(1) A finding by the Planning Commission that the applicant is proposing reasonable site improvements on the overall site in relation to the scale and construction cost of the building and site improvements or expansion. For a change in use requiring site plan review, the site shall be brought toward conformity with the minimum standards of the ordinance as much as reasonably possible.
(2) The applicant has addressed all safety related site issues on the overall site.
(3) (a) For landscaping, the applicant shall bring the portion of the site proposed to be changed or expanded into full compliance with current landscaping requirements of the article. For the remainder of the site where no changes or expansions are proposed, the applicant shall bring the site toward conformity with current landscaping standards at twice the rate of the building or parking lot expansion, whichever is greater. (For example, a site plan showing a 10% expansion of the building floor area and 15% expansion of the number of parking spaces shall require a minimum 30% of the landscaping, in terms of landscaping area and quantity of plants, on the portion of the site where no changes or expansions are proposed).
(b) This landscaping requirement shall apply to the paving of any portion of an existing gravel parking lot that is 5,000 square feet or greater in area of the paving of parking lots for uses which require 17 or more parking spaces in accordance to § 82-455.
(4) The improvements of minor expansion shall not increase noncompliance with site requirements of this chapter.
(5) For nonconforming uses or structures in the B-3 zone, the site must be designated as a class A nonconforming use or structure by the Planning Commission, as set forth in § 82-453(B), and the site plan must demonstrate compliance with all applicable class A conditions, as set forth in § 82-453(C).
(1993 Code, § 82-471) (Ord. passed 10-12-1992; Ord. passed 1-8-1996(2); Ord. passed 4-12-1999; Ord. passed 10-11-1999(2); Ord. passed 3-13-2000;
Ord. passed 10-9-2000(2); Ord. passed 9-10-2001(4))
No use otherwise allowed shall be permitted within any district which does not conform to the following standards of use, occupancy and operation, which standards are hereby established as the minimum requirements to be maintained within such area.
(1) Smoke. It shall be unlawful for any person, firm or corporation to permit the emission of any smoke from any source whatever to a density greater than that density described as No. 2 on the Ringlemann chart; provided that the following exceptions shall be permitted.
(a) Smoke, the shade or appearance of which is equal to but not darker than No. 3 on the Ringlemann chart for a period aggregating 4 minutes in any 30 minutes.
(b) Smoke, the shade or appearance of which is equal to but not darker than No. 3 of the Ringlemann chart for a period, aggregating 3 minutes in any 15 minutes, when building a new fire or when breakdown of equipment occurs such as to make it evident that the emission was not reasonably preventable.
Method of measurement. For the purposes of grading the density of smoke, the Ringlemann chart, as now published and used by the United States Bureau of Mines, which is hereby made a part of this chapter, shall be the standard. However, the umbrascope readings of smoke densities may be used when correlated with the Ringlemann chart.
(2) Dust, dirt and fly ash. No person, firm or corporation shall operate or cause to be operated, maintain or cause to be maintained, any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, without maintaining and operating while using such process or furnace or combustion device, recognized and approved equipment, means, method, device or contrivance to reduce the quantity of gasborne or airborne solids of fumes emitted into the open air, which is operated in conjunction with such process, furnace, or combustion device so that the quantity of gasborne or airborne solids shall not exceed 0.20 grains per cubic foot of the carrying medium at a temperature of 500 degrees Fahrenheit.
Method of measurement. For the purpose of determining the adequacy of such devices these conditions are to be conformed to when the percentage of excess air in the stack does not exceed 50% at full load. The foregoing requirement shall be measured by the ASME test code of dust separating apparatus. All other forms of dust, dirt and fly ash shall be completely eliminated insofar as escape or emission into the open air is concerned. The Building Official may require such additional data as is deemed necessary to show that adequate and approved provisions for the prevention and elimination of dust, dirt and fly ash have been made.
(3) Glare and radioactive materials. Glare from any process, such as or similar to arc welding, or acetylene torch cutting, which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines. Radioactive materials and wastes, including electromagnetic radiation such as x-ray machine operation, shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards, when measured at the property line.
(4) Fire and explosive hazards.
(a) In the I-1 Industrial District, the storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning, as determined by the Fire Marshal, is permitted, subject to compliance with all other performance standards above mentioned.
(b) The storage, utilization or manufacture of materials, goods or products ranging from free to active burning to intense burning, as determined by the Fire Marshal, is permitted subject to compliance with all other yard requirements and performance standards previously mentioned, and provided that the following conditions are met.
1. The materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having combustible exterior walls, which meet the requirements of the Building Code of the city.
2. All such buildings or structures shall be set back at least 40 feet from lot lines, or in lieu thereof all such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Association.
3. The storage and handling of flammable liquids, liquified petroleum gases and explosives shall comply with the state rules and regulations as established by Public Act 207 of 1941, being M.C.L.A. §§ 29.1 et seq., as amended.
(5) Noise. The emission of measurable noises from the premises shall not exceed 60 decibels as measured at the boundary property lines, except where normal street traffic noises exceed 60 decibels during such periods, the measurable noise emanating from such premises may equal, but not exceed, such traffic noises. This provision shall apply in all districts except as specified in this section for the I Districts.
I-1 District. In all I-1 Districts, the measurable noise emanating from the premises used for activities permitted shall not exceed 75 decibels during the normal work periods of between the hours of 6:00 a.m. and 10:00 p.m. and shall not exceed 70 decibels during the sleeping hours of 10:00 p.m. to 6:00 a.m., as measured at the property lines. Noises shall be muffled so as not to become objectional due to intermittence, beat frequency or high frequency.
(6) Vibration. Machines or operations which cause vibration shall be permitted in industrial districts, but no operation shall cause a displacement exceeding 0.003 of 1 inch as measured at the property line.
(7) Odors. Creation of offensive odors shall be prohibited.
(8) Wastes. All discharges to the city's publicly owned sewage treatment facility (sanitary sewer system) shall conform to appropriate regulations in Chapter 78 relating to sewer services. Mobile home parks shall be governed by State Department of Health standards.
(1993 Code, § 82-472) (Ord. passed 10-12-1992)
(A) Intent. An environmental impact assessment (EIA), providing the information and data specified in this section, in the form described, shall be required. This section shall not apply to mobile home parks which are under the jurisdiction of the State Department of Commerce.
(1) Whenever a project is proposed by a public agency, or by other agencies using public funds (excluding city municipal agencies), which significantly affects the quality of the human environment; or
(2) Whenever a project is proposed which, in the opinion of the City Manager, significantly affects the municipal service systems (transportation, waste water systems, potable water supply, storm drains, police services, fire services, library services, solid waste disposal services, emergency medical services); or
(3) When stipulated under the terms of this chapter or other chapters of this Code; or
(4) When required by the Planning Commission in order to assist in their consideration of a particular development proposal; or
(5) When a development proposal is submitted which, in the opinion of the Planning Commission, constitutes a substantial departure from the intent of the Master Land Use Plan.
The requirements contained in this section shall not relieve the project's sponsor from complying with EIA standards established by other public agencies having jurisdiction.
(B) Submittal and approval requirements. The sponsor of the project shall submit the following to the Secretary of the Planning Commission.
(1) Preliminary environmental impact assessment. A preliminary environmental impact assessment shall be submitted in conjunction with requests for rezoning or other land development proposals which enable developments which, in accordance with the provisions of this chapter, would require such submittals. A preliminary environmental impact assessment shall consist of the applicable information or material required by the following subsections of this section:
(a) Subsection (C), related to physical conditions;
(b) Subsection (D), related to project description;
(c) Subsection (E), impact analysis, subsections (1) through (4) inclusive;
(d) Other sections or subsection of this chapter as determined by the City Manager to be particularly important or necessary in order to provide adequate information regarding a specific rezoning or development proposal.
(2) Final environmental impact assessment. A final environmental impact assessment, including all applicable provisions of this chapter, shall be submitted in conjunction with applications for site plan approvals, special use approvals, land development projects, or building permits for developments which, in accordance with the provisions of this chapter, would require such submittals.
Prior to granting of building permits for projects covered by this chapter, provisions satisfactory to the City Council shall be made to assure the financing and/or installation of all road and utility improvements and the provision of additional services found, by the environmental impact assessment process, to be necessary to serve the project.
(C) Physical conditions.
(1) Legal description of the subject project prepared by a registered surveyor or civil engineer accompanied by a survey map of the property (scale 1" = 100', unless otherwise provided).
(2) Location map (minimum scale 1" = 800') indicating the location of the subject property in relation to the city's thoroughfare system.
(3) Land use and general development plan or schematic of the subject property (minimum scale 1" = 200') and adjacent properties within 1,000 feet of its property line. The zoning of properties within this area shall also be indicated.
(4) Site conditions of the subject property (scale 1" = 100', unless otherwise provided) indicating:
(a) Natural features such as streams, trees, bodies of water, floodplains, soil conditions and topography (maximum 2 foot contour interval);
(b) Location and size of existing facilities and utilities (thoroughfares, water service, sanitary sewer, storm drain, gas lines, electric lines, and the like).
(5) Limitation applicable to the development of the property (if any) as a result of proximity to airports.
(D) Description of intended use with site plans and building elevations. Final environmental impact assessment shall include:
(1) An architectural model, to indicate the scale and massing of buildings. The requirement for submittal of an architectural model may be waived by the City Manager when it is determined that the proposed development will be similar to an existing development available for review, or otherwise of a nature whereby its scale, massing and potential relationship to adjacent development can readily be determined without assistance of an architectural model;
(2) Calculation of the quantities of proposed elements or functions of the development by type: gross and net floor area; number of dwelling units by type and bedroom count; parking spaces (including handicapped spaces) required and provided; rights-of- way; landscaped area required and provided, and the like;
(3) Anticipated number of employees, residents, school children by school type and senior citizens;
(4) Anticipated vehicular generation.
(E) Project impact analysis. A full analysis and description prepared by registered engineers, architects, public safety specialists, public facility specialists, and the like, as applicable, of the proposed project's required levels of service, as compared to the service levels available, and the means by which the sponsor intends to serve the project and resolve any potential deficiencies, relative to the following facility and utility systems and services.
(1) Impact analysis; systems.
(a) Thoroughfares. Information should include projections of traffic volumes generated adjacent to the site as a result of the project to properly accommodate these volumes.
(b) Water service facilities for providing potable water supply, fire flows and other uses, expressed in average and peak hour needs.
(c) Storm drains and retention facilities, including provisions for retention site landscaping and maintenance.
(d) Sanitary sewer, collection and treatment facilities.
(e) Solid waste collection, storage and disposal systems.
(f) Power, heat and communication systems.
(g) School facilities.
(h) Transportation facilities and services other than private automobile. Such project impact analysis and information should take into account the potential development of adjacent areas which may be developed to similar intensities.
The sponsor shall present evidence that he has informed other affected organizations or agencies of the potential impact of the proposed project on their facilities and services. In this regard, all communications shall be submitted from organizations such as power and communications utilities, school districts, aeronautics authorities, and the like.
(2) Impact analysis: services. The sponsor of the proposed development shall submit information as to the project's impact upon the following service activities, indicating the steps being taken to alleviate any potential deficiencies or problems, or to supplement municipal involvement therein:
(a) Fire protection and prevention;
(b) Public and private safety and security systems;
(c) Emergency medical services;
(d) Lighting on and adjacent to the site;
(e) Recreation and leisure time facilities and activities, including library services.
(3) Impact analysis: economics. Overall analysis or information shall be presented indicating the public revenue benefits resulting from the proposed project, as compared to the costs in terms of services and facilities.
(4) Impact analysis: natural and social environment. The sponsor of the proposed development shall submit information and comments which indicate public advantages and disadvantages unique to the proposed project, or unavailable except as a result of the project, and shall approach matters such as, but not limited to, the following:
(a) Environmental improvements (landscaped areas, open space areas, tree preservation, replacement and enhancement, and other aesthetic benefits);
(b) The environmental impact assessment shall contain an indication of the means by which natural features such as water courses, bodies of water, stands of trees, and individual trees, apart from stands of trees, having a caliper of 4 to 10 inches D.B.H., are to be preserved or replaced;
(c) Employment opportunities;
(d) Service opportunities;
(e) Residential opportunities;
(f) Recreation and leisure time opportunities.
(1993 Code, § 82-473) (Ord. passed 10-12-1992)
It is the general purpose and intent of the city to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the city to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, attempts have been made to balance these potentially competing interests and promote the public health, safety and welfare.
(1) Definitions.
(a) Wireless communication facilities shall mean and include all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment, building, and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities; short wave facilities; ham, amateur radio facilities; satellite dishes; and, governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.
(b) Attached wireless communications facilities shall mean wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.
(c) Wireless communication support structures shall mean structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles or guyed wires.
(d) Co-location shall mean the location by 2 or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennas within the community.
(2) Authorization. Subject to the standards and conditions set forth in this section, wireless communication facilities shall be permitted uses in the following circumstances, and in the following zoning districts by right:
(a) Subject to the standards and conditions set forth below, wireless communication facilities shall be authorized as a permitted use within the following zoning districts: I-1 and I-2.
1. An existing structure will serve as an attached wireless communication facility within a nonresidential zoning district, where the existing structure is not, in the discretion of the Planning Official, proposed to be either materially altered or materially changed appearance.
2. A proposed co-location upon an attached wireless communication facility which had been preapproved for such co-location as part of an earlier approval by the city.
3. An existing structure which will serve as an attached wireless communication facility consisting of a utility pole located within a right-of-way, where the existing pole is not proposed to be modified in a manner which, in the discretion of the Planning Official, would materially alter the structure and/or result in an impairment of sight lines or other safety interests.
4. A proposed tower in the I-1 and I-2 zoning districts subject to the provisions of (3), "general regulations," and the site plan review process outlined in § 82-471.
(b) Subject to the standards and conditions set forth in this section, wireless communication facilities shall be authorized as special land uses within the following zoning districts: OS-1, B-1, B-2, B-3 and IRO.
(c) If it is demonstrated by an applicant that a wireless communication facility may not be reasonably established as a permitted use under (a) above, and, is required to be established outside of a district identified in (b), above, in order to operate a wireless communication service, then, wireless communication facilities may be permitted elsewhere in the community as a special land use, subject to the criteria and standards of subsections (3), (4), (5), (6), and (7) below.
(3) General regulations.
(a) All applications for wireless communication facilities shall be reviewed in accordance with the following standards and conditions, and, if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the Planning Commission in its discretion.
1. Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.
2. Facilities shall be located and designed to be harmonious with the surrounding areas.
3. Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.
4. Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.
5. The maximum height of a new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to co-locate on the structure). Towers over 300 feet in height will require a special use permit. The accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective district.
6. No support structure shall be located closer than 30 feet to the property line of any residential district or use, or no closer than equal to the height of any adjacent residential building, whichever is greater. The setback of the support structure from any existing or proposed rights-of-way or other publicly traveled roads shall be no less than the height of the wireless communication structure.
7. Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the structure, and accessory structures, shall be in accordance with the required setbacks for main or principal buildings as provided in the zoning district in which the support structure is located.
8. There shall be unobstructed access to the support structure, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as: the location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the tower and any attendant facilities; the location of buildings and parking facilities; proximity to residential districts and minimizing disturbance to the natural landscape; and the type of equipment which will need to access the site.
9. The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.
10. Where an attached wireless communication facility is proposed on the roof of a building, it shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform with all district requirements for principal buildings, including yard setbacks.
11. The Planning Commission shall, with respect to the color of the support structure and all accessory buildings, review and approve so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.
12. The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the state. This soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.
13. A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard.
(b) Standards and conditions applicable to special land use facilities. Applications for wireless communication facilities which may be approved as special land uses shall be reviewed, and if approved, constructed and maintained, in accordance with the standards and conditions in subsection (3)(a). In addition, the applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of 1 or more of the following factors:
1. Proximity to an interstate or major thoroughfare;
2. Areas of population concentration;
3. Concentration of commercial, industrial, and/or other business centers;
4. Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions;
5. Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate;
6. Other specifically identified reason(s) creating facility need.
(c) All proposals shall be reviewed in conformity with the co-location requirements of this section.
(4) Application requirements.
(a) A site plan prepared in accordance with § 82-471 shall be submitted, including the location, size, screening and design of all buildings and structures, including fences and outdoor equipment.
(b) The site plan shall also include a detailed landscaping plan where the support structure is being placed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure. In all cases, there shall be shown on the plan fencing, which is required for protection of the support structure and security from children and other persons who may otherwise access facilities.
(c) The application shall include a signed certification by a state-licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities.
(d) The application shall also include a description of security to be posted at the time the facility is to be removed when it has been abandoned or is no longer needed. In this regard, the security shall, at the election of the applicant, be in the form of:
1. Cash;
2. Surety bond;
3. Letter of credit; or
4. An agreement in a form approved by the attorney for the community and recordable at the office of the Register of Deeds, establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section of the ordinance, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney's fees incurred by the community in securing removal.
(e) The application shall include a map showing existing and known proposed wireless communication facilities within the city, and further showing existing and known proposed wireless communication facilities within 1 mile from all borders of the city, which are relevant in terms of potential co-location or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any such information which is trade secret and/or other confidential commercial information which, if released would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy. M.C.L.A. § 15.243(1)(f). This ordinance shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the community.
(5) Special requirements for facilities proposed to be situated outside a zoning district in which the facility is permitted by right or special use permit.
(a) For facilities which are not permitted uses under subsection (2) and proposed to be located outside of a zone identified in subsection (2), an application shall be reviewed and, if approved, facilities shall be constructed and maintained in accordance with the following additional standards and requirements.
1. At the time of the submittal, the applicant shall demonstrate that a location within the district/overlay zone cannot reasonably meet the coverage and/or capacity needs of the applicant.
2. Wireless communication facilities shall be of a design such as (without limitation) a steeple, bell tower, or other form which is compatible with the existing character of the proposed site, neighborhood and general area, as approved by the city.
3. In single-family residential neighborhoods, site locations shall be permitted on the following sites (not stated in any order of priority), subject to application of all other standards contained in this section:
a. Municipally owned site;
b. Other governmentally owned site;
c. Religious or other institutional site;
d. Public park and other large permanent open space areas when compatible;
e. Public or private school site.
(6) Co-location.
(a) Statement of policy. It is the policy of the city to minimize the overall number of newly established locations for wireless communication facilities and wireless communication support structures within the community and encourage the use of existing structures for attached wireless communication facility purposes. Each licensed provider of a wireless communication facility must, by law, be permitted to locate sufficient facilities in order to achieve the objectives promulgated by the United States Congress. However, particularly in light of the dramatic increase in the number of wireless communication facilities reasonably anticipated to occur as a result of the change of federal law and policy in and relating to the Federal Telecommunications Act of 1996, it is the policy of the city that all users should co-locate on attached wireless communication facilities and wireless communication support structures in the interest of achieving the purposes and intent of this section. If a provider fails or refuses to permit co-location on a facility owned or otherwise controlled by it, where co- location is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of and in direct contradiction to the basic policy, intent and purpose of the city. The provisions of this subsection are designed to carry out and encourage conformity with this policy.
(b) Feasibility of co-location. Co- location shall be deemed to be "feasible" for purposes of this section where all of the following are met:
1. The wireless communication provider entity under consideration for co-location will undertake to pay market rent or other market compensation for co-location;
2. The site on which co-location is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support;
3. The co-location being considered is technologically reasonable; for example, the co-location will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like;
4. The height of the structure necessary for co-location will not be increased beyond a point deemed to be permissible by the city, taking into consideration the several standards contained in this ordinance.
(c) Requirements for co-location.
1. A special land use permit for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible co- location is not available for the coverage area and capacity needs.
2. All new and modified wireless communication facilities shall be designed and constructed so as to accommodate co-location.
3. The policy of the community is for co-location. Thus, if a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible co- location, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.
4. If a party who owns or otherwise controls a wireless communication facility fails or refuses to permit a feasible co-location, and this requires the construction and/or use of a new facility, the party failing or refusing to permit a feasible co-location shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the city, and, consequently such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the city for a period of 5 years from the date of the failure or refusal to permit the co-location. Such a party may seek and obtain a variance from the Zoning Board of Appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the 5 year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.
(d) Offer of co-location required. An application for a new wireless communication support structure shall include a letter from the applicant to all potential users offering an opportunity for co-location.
(e) Final approval for a wireless communication support structure shall be effective for a period of 6 months.
(f) Incentive. Review of an application for co-location, and review of an application for a permit for use of an existing facility shall be expedited by the city.
(7) Removal.
(a) A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of 1 or more of the following events:
1. When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of non-use;
2. Six months after new technology is available at reasonable cost, as determined by the legislative body of the community, which permits the operation of the communication system without the requirement of the support structure.
(b) The situations in which removal of a facility is required, as set forth in paragraph (a)(1) above, may be applied and limited to portions of a facility.
(c) Upon the occurrence of 1 or more of the events requiring removal, specified in paragraph (a)(1) above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Planning Official.
(d) If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days written notice, the city may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected and/or enforced from or under the security posted at the time application was made for establishing the facility.
(1993 Code, § 82-474) (Ord. passed 10-11-1999(3); Ord. passed 3-12-2007)
§§ 82-475 – 82-490 RESERVED.
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