(A) Similar uses. Since every potential use cannot be addressed in this chapter, each district provides for similar uses, referencing this section. All applications for a use not specifically listed in any zoning district shall be submitted to the Director of Public Works for review and decision, based on the following standards.
(1) The Director of Public Works shall find that the proposed use is not listed as a named permitted or special land use in any zoning district.
(2) If the use is not addressed in any district, the Director of Public Works shall review the uses listed as permitted and special land uses in the zoning district in which the use is proposed and determine if a use listed in the district closely resembles the proposed use. This determination shall be based upon criteria such as potential impact on properly values, nature of use, traffic generated, aesthetics, noise, vibration, dust, smoke, odor, glare and other objectionable impacts on the health, safety and welfare in the city.
(3) If a use is determined to be similar to a named use within the district, the proposed use shall comply with any specific standards or other ordinance requirements that apply to the named use. If the named use is a special land use, the similar use may only be approved according to the requirements of § 5.94.
(4) The Director of Public Works may, at his or her discretion, submit the proposed use to the Planning Commission for determination of the appropriateness of the use.
(5) Where the Director of Public Works or Planning Commission determines a proposed use is not similar to any named use addressed within the district, the applicant may petition for an amendment to this chapter.
(6) The determination as to whether a proposed use is similar in nature and class to another named permitted or special land use within a district shall be considered as an interpretation of the use regulations, and not as a use variance; this determination may be appealed as provided in Article XII.
(7) Upon determination by the Director of Public Works or Planning Commission that a use is similar to a named use, the Director of Public Works shall initiate an amendment to this chapter to list the similar use in the schedule of uses for the zoning district.
(B) Temporary storage units.
(1) Registration of temporary storage units.
(a) Prior to or within 72 hours of the initial delivery of a temporary storage unit or units, the property owner, occupant of the premises (if not the owner) or storage unit supplier shall register the placement of the storage unit with the Director of Public Works; provided, however, such registration shall not be required if the storage unit is removed within 72 hours of its delivery.
(b) Registration requires the following:
1. Completing the required application form and providing the property owner’s or occupant’s name (if not the owner), number and size of the temporary storage units to be registered, the address at which the storage unit(s) will be placed, delivery date, removal date and a sketch illustrating the location and placement of the storage unit(s); and
2. Written approval of the application by the Director of Public Works.
(c) The effective date of the registration shall be the date of the Director of Public Works approval.
(2) Placement requirements.
(a) It shall be unlawful to place or permit the placement of a temporary storage unit on property located within the city unless it is registered with the Director of Public Works, as required in division (B)(1) above.
(b) Temporary storage units shall only be placed upon or within a driveway or a parking area or, if access exists at the side or rear of the lot, the side or rear yard.
(c) No temporary storage unit shall be placed upon or within public property or a public place, including, without limitation, a street, sidewalk or outlawn.
(d) The temporary storage unit shall not be located at the registered address for more than 30 consecutive days, including the days of delivery and removal.
(e) Each lot is limited to a maximum of one registration per six-month period.
(f) The temporary storage unit shall not exceed eight feet in height, eight feet in width and 16 feet in length.
(g) The temporary storage unit shall be secured in a manner that does not endanger the safety of persons or property in the vicinity of the unit.
(h) The temporary storage unit shall be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks at all times.
(i) No temporary storage unit shall be used for human occupancy or to store solid waste, construction debris, demolition debris, business inventory, commercial goods, goods for property other than the property where the storage unit is located or any other illegal or hazardous material. Upon reasonable notice, the city may inspect the contents of any temporary storage unit at any reasonable time to ensure compliance with these requirements.
(j) Any temporary storage unit which is not removed a the end of the time for which it may lawfully remain in place, may be removed by the city immediately, without notice, and the cost of such removal may be assessed against the property on which the unit was located.
(k) A sign identifying the storage unit supplier, mounted on the temporary storage unit, shall not require a sign permit; provided, the storage unit is in compliance with this § 5.76(B) and all other applicable ordinances.
(C) Wind energy conversion systems. In addition to the uses specified elsewhere in this section, this subsection establishes on-site service wind energy conversion systems (WECS) as a special use in the R- 1 and R-2 Districts and provides standards for the installation and operation of a WECS within the city.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ON-SITE SERVICE WECS. A WECS placed upon a lot or parcel with the primary intent to service the energy needs of the structures and uses on the same lot or parcel.
WECS HEIGHT. The distance measured between the ground (at normal grade) and the highest point of a WECS (for a horizontal axis WECS, the measurement shall be to the tip of the rotor blade when the blade is in the full vertical position). The height of a building-mounted WECS shall be measured from the grade of the building upon which it is attached.
WIND ENERGY CONVERSION SYSTEM (WECS). A combination of:
1. A surface area capable of being set into motion by the wind (typically a blade, rotor or similar device), either variable or fixed, for utilizing the wind for electrical power;
2. A shaft, gearing, belt or coupling that converts the movement of the surface area into a form suitable for driving a generator, alternator or other electricity-producing device;
3. The generator, alternator or other device to convert the mechanical energy of the surface area into electrical energy, generally housed in a nacelle;
4. The tower, pylon, building mount or other structure upon which any, all or some combination of the above are mounted;
5. Other components not listed above but associated with the normal construction, operation and maintenance of a WECS; and
6. A WECS may have a horizontal axis, with a rotor that spins perpendicular to the ground, or a vertical axis, with a rotor that spins parallel to the ground.
(2) Review requirements.
(a) An on-site service WECS shall be allowed as a special land use in the R-1 and R-2 Residential Districts, subject to the requirements of this section.
(b) An application and site plan shall include the following information:
1. Name of applicant, name of site plan preparer, name of WECS manufacturer and name of WECS installer, with contact information;
2. A scaled drawing of the property, showing dimensions of all property lines and the area of the lot in square feet;
3. Location and setback of all structures on the site, including any overhead utility lines;
4. Proposed location of the WECS on the building;
5. Setbacks of the WECS, in accordance with the setback requirements of this section, from property lines;
6. A scaled elevation drawing of the WECS installation (including the building) showing WECS height, rotor diameter and all other applicable elements to confirm conformance with the requirements of this section; and
7. Certification that the WECS system and mount meet all applicable standards.
(3) General requirements.
(a) Only building-mounted on-site service WECS shall be allowed.
(b) Power rating of the WECS turbine shall not be greater than 20 kW.
(c) The WECS shall provide energy only to the structures and uses on the same property upon which the WECS is located and must be owned or leased by the owner of the same property; however, this does not prevent the distribution to the local utility company, through net metering, of any power that is generated beyond the needs of the structures or uses on the property.
(d) No sound attributed to the WECS in excess of 35 dBA shall be discernible at the property line.
(e) There shall be no signs on the WECS other than the name of the manufacturer and applicable safety information. There shall be no lighting on or directed to the WECS.
(f) The WECS shall be painted in a neutral matte color, or may be painted in similar colors to those on the building.
(g) A WECS shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation or over speeding. Emergency shut-off information shall be in a location easily accessible and viewable.
(h) A WECS shall be designed to prevent unauthorized access.
(i) A WECS shall not be installed in any location where its proximity to existing fixed broadcast, re-transmission or reception antenna for radio, television or wireless phone or personal communication systems would produce electromagnetic interference with signal transmission or reception.
(j) A WECS shall be removed when the device or equipment is no longer operating or when it has been abandoned. A WECS shall be deemed abandoned when it has not produced electrical energy for six consecutive months.
(k) An existing and approved WECS may be repaired and maintained; however, a WECS may only be replaced with a new or replacement WECS upon approval of the Director of Public Works, provided that the new WECS is of the same or more restrictive height, rotor diameter, setback and the like as the WECS it replaces. For the purposes of this division (C)(3)(k), a NEW OR REPLACEMENT WECS shall mean all of the WECS, excluding the tower or support structure.
(4) Site and location requirements.
(a) Number. There may be more than one building mounted on-site service WECS on a single property, provided that each individual WECS meets all of the requirements in this section, and each WECS shall be separated from any other WECS no less than ten feet, measured between the maximum extension of the rotors.
(b) Attachment.
1. A building mounted WECS shall be attached to the principal structure. The WECS shall not be mounted to the vertical face of a gable end, dormer or other facade visible from the street, or visible from the lakeside on a waterfront lot, other than a roof surface.
2. To the greatest degree possible, the WECS shall be mounted to the building in the least visible location from the street, or from the lakeside of any waterfront lot.
(c) Setback. The WECS shall be mounted so that it is set back from adjoining property lines a distance equal to the WECS height. The setback shall be measured from the property line (considered as a plane extending from the ground to the highest point of the WECS) to the closest extension of the rotor relative to the property line. (See graphic.)
(d) WECS height. The WECS height shall be limited by available setbacks as required in division (C)(4)(c) above; however, no WECS shall exceed the maximum permitted height for principal buildings in the district, plus 20 feet; nor shall any WECS extend more than 20 feet above the highest point on the roof of the building upon which it is mounted.
(e) Rotor diameter. The diameter of the rotor shall not exceed 15 feet.
(5) Discretionary conditions. The City Commission may impose other terms and conditions regulating the construction, installation, use, maintenance, repair and removal of any WECS. Such other terms and conditions may include, but are not limited to, the following:
(a) The preservation of existing trees and other existing vegetation not required to be removed for installation of a WECS;
(b) The reasonable replacement of trees or other vegetation removed or destroyed during the construction or installation of a WECS;
(c) Altering the location of the WECS to prevent impacts on neighboring properties, provided that all other requirements of this section are met; and
(d) Requiring a performance bond or letter of credit, in favor of the city, and conditioned upon the timely and faithful performance of all required conditions of the special land use, including, but not limited to, the timely and complete removal of a WECS, regulated under the terms of this section, when required. Such performance bond or letter of credit shall remain in effect during and after the operation of a WECS until its operations have ceased and it has been removed.
(D) Wireless telecommunications facilities.
(1) (a) The application for special use approval for a wireless telecommunications tower shall be submitted jointly by the owner/operator of the tower and the owner of the property on which the tower is to be located.
(b) In addition to the application submittal requirements specified in § 5.94, a visual impact analysis shall be submitted which includes graphic depictions of the anticipated appearance of the tower from important vantage points in the surrounding area.
(c) Methods used in preparing the analysis shall be reviewed and approved by the Director of Public Works.
(2) A wireless communications tower shall be exempt from building height limitations; provided, however, that the tower height shall be no higher than the minimum height necessary to serve its intended function and, in no case shall exceed 199 feet.
(3) If the height required for the tower to serve its intended function decreases from the installed height, due to technological advancement, additional tower installations at other locations or other factors, the tower shall be lowered to such decreased minimum height.
(4) The wireless communication tower shall be set back from all property lines a distance equal to the height of the tower, including antennas.
(5) It shall be the responsibility of the applicant to demonstrate to the satisfaction of the City Commission that it is not feasible to provide equivalent service by locating the antenna on an existing tower or other existing structure in the city.
(6) The tower shall not have an adverse impact on significant views from properties within one-quarter mile of the tower site. For purposes of this division (D), a SIGNIFICANT VIEW is defined as a view from a residential property that has one or more of the following characteristics:
(a) A view from a residence and its immediate perimeter which encompasses landscape features substantially free of human-made alteration, as a result of the unique topographic siting of the home;
(b) A view which is a dominant feature of a residential building site and which contributes significantly to its value, as evidenced by the siting of a home on the property, the size, number and orientation of windows on the home, and the location and orientation of improved outdoor spaces, such as patios and decks, on the home site; or
(c) The fact that the proposed tower may be visible from a residence shall not alone be considered an adverse impact on a significant view.
(7) (a) The tower and any ancillary building housing equipment needed for operation of the tower shall be of a size, type, color and exterior materials that are aesthetically and architecturally compatible with the surrounding area, and as unobtrusive as possible.
(b) Landscape screening may be required by the City Commission to accomplish screening of equipment buildings.
(8) (a) The applicant shall provide documentation of any lighting to be installed on the tower.
(b) If tower lighting is required or proposed, the tower location may not be approved unless the City Commission determines that it will not have a significant adverse impact on properties and residents of the surrounding area.
(9) The tower shall be designed to accommodate, and the owner/operator of the tower shall agree to permit, use of the tower by other communications services providers, including local government agencies, on reasonable terms, so long as such use does not conflict with the owner/operator’s use of the tower.
(10) (a) If, for any reason, the tower ceases operation or is abandoned, the city may order its removal from the site by the owner of the tower and/or the owner of the property on which the tower is located.
(b) The tower shall be removed within 90 days of the date of such notification. If the tower is not removed within 90 days of notification by the city, the city may arrange for the removal of the tower and shall bill the cost of removal, plus 10% of the cost, to the owner of the tower and the owner of the property on which the tower is located.
(11) (a) These parties shall be jointly liable for removal of the tower.
(b) If the charges are not paid within 30 days after billing, they shall be collected as a single lot assessment in accordance with the City Charter and § 5.117 of this code.
(E) Small cell wireless facilities.
(1) General.
(a) The collocation of a small cell wireless facility and associated support structure within a public right of way (“ROW” is not subject to zoning reviews or approvals under this chapter to the extent exempt from such reviews under Act 365 of 2018, as amended (“Act 365”), and Act 366 of 2018, as amended (“Act 366”). In such case, a utility pole in the ROW may not exceed 40 feet above ground level without special land use approval (pursuant to division (E)(5) hereof) and a small cell wireless facility in the ROW shall not extend more than five feet above a utility pole or wireless support structure on which the small cell wireless facility is collocated.
(b) Collocation of a small cell wireless facility or installation of an associated support structure shall require that the wireless provider apply for and obtain a permit from the city consistent with the city code.
(c) Small cell wireless facilities (as defined below) and associated wireless support structures not exempt from zoning reviews are only permitted in accordance with the provisions of this chapter and Act 365, and upon application for and receipt from the city of a permit consistent with the city code.
2. Definitions. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SMALL CELL WIRELESS FACILITY. A wireless facility that meets both of the following requirements:
(a) Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than six cubic feet.
(b) All other wireless equipment associated with the facility is cumulatively not more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
WIRELESS COMMUNICATIONS EQUIPMENT. The set of equipment and network components used in the provision of wireless communication services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, coaxial and fiber optic cables, but excluding wireless communications support structures.
WIRELESS COMMUNICATIONS SUPPORT STRUCTURE. A structure that is designed to support, or is capable of supporting, wireless communications equipment. A WIRELESS COMMUNICATIONS SUPPORT STRUCTURE may include a monopole, lattice tower, guyed tower, water tower, utility pole or building.
WIRELESS SUPPORT STRUCTURE. A freestanding structure designed to support or capable of supporting small cell wireless facilities. WIRELESS SUPPORT STRUCTURE does not include a utility pole (as defined in Act 365).
(3) Wireless communications equipment.
(a) Wireless communications equipment (but not a wireless communications support structure) is a permitted use and allowed in all zoning districts. Wireless communications equipment does not have to be related to the principal use of the site. Wireless communications equipment is not subject to zoning review and special land use approval if all of the following requirements are met:
1. The wireless communications equipment will be collocated on an existing wireless communications support structure or in an existing equipment compound.
2. The existing wireless communications support structure or existing equipment compound is in compliance with this chapter or was approved by the City Commission.
3. The proposed collocation will not do any of the following:
A. Increase the overall height of the wireless communications support structure by more than 20 feet or 10% of its original height, whichever is greater.
B. Increase the width of the wireless communications support structure by more than the minimum necessary to permit collocation.
C. Increase the area of the existing equipment compound to greater than 2,500 square feet.
4. The proposed collocation complies with the terms and conditions of any previous final approval of the wireless communications support structure or equipment compound by the City Commission.
(b) Notwithstanding the foregoing, wireless communications equipment otherwise exempt hereunder must still comply with all other applicable city codes, including a determination by the building inspection that the collocation will not adversely impact the structure to which it is attached.
(c) A collocation that meets the requirements of divisions (E)(3)(a)1. and 2. , above, but which does not meet divisions (E)(3)(a)3. or 4., is subject to special land use review by the City Commission in accordance with the provisions hereof, § 5.75(D) and Article XI of this chapter, and Section 514 of Act 366, M.C.L.A. § 125.3514(2) through (6). Any equipment placed in a residential district shall not be erected at a height that requires lighting. Any equipment placed adjacent to a residential district or use that requires lighting shall be a continuous red beacon at night.
4. Special land use standards—Wireless communications equipment and wireless communications support structures.
(a) A wireless communications support structure must be installed on a lawful lot for the zoning district in which it is located, either as a principal use, or as an accessory use related to the principal use.
(b) Wireless communication equipment that is not attached to an existing structure (thus requiring the installation of a new wireless communications support structure) or that is not exempt under § 5.75(E)(3) hereof, is subject to special land use review consistent with § 5.75(D) and Article XI of this chapter; provided, however, that in the event of conflict between these provisions and Act 366, the provisions of Act 366 shall control. Processing of a special land use application is subject to the following requirements:
1. Within 14 business days after receiving an application under this section, the City Commission shall notify the applicant in writing whether the application is complete. The notice tolls the running of the 14-business-day period.
2. The running of the time period tolled under division (E)(4)(a)1. resumes when the applicant makes a supplemental submission in response to the City Commission’s notice of incompleteness.
3. If the application is for a collocation of wireless communications equipment that satisfies the requirements of divisions (E)(3)(a)1. and 2. hereof, but does not satisfy the requirements of divisions (E)(3)(a)3. and 4. hereof, then the City Commission shall approve or deny the application and notify the applicant in writing within 60 days after an application is deemed complete by the City Commission.
4. If the application is for a new wireless communications support structure and accompanying wireless communications equipment, then the City Commission shall approve or deny the application and notify the applicant in writing within 90 days after an application is deemed complete by the City Commission.
5. The fee for zoning review of a special land use and associated site plan shall be as established by the City Commission by resolution from time to time, but shall not exceed the lesser of (i) the City Commission’s actual, reasonable costs to review and process the special land use application, or (ii) $1,000.
(c) Small cell wireless facilities and wireless support structures not exempt under Act 365 shall be subject to special land use approval pursuant to § 5.75(E)(5) hereof.
(5) Special land use standards for non-exempt small cell wireless facilities. The modification of existing or installation of new small cell wireless facilities or the modification of existing or installation of new wireless support structures used for such small cell wireless facilities that are not exempt from zoning review in accordance with the Act 365 shall be subject to special land use review and approval in accordance with the following procedures and standards:
(a) The processing of a special land use application is subject to all of the following requirements:
1. Within 30 days after receiving an application under this division (F)(5), the City Commission shall notify the applicant in writing whether the application is complete. The notice tolls the running of the 30-day period.
2. The running of the time period tolled under division (F)(5)(a)1. resumes when the applicant makes a supplemental submission in response to the City Commission’s notice of incompleteness.
3. The City Commission shall approve or deny the application and notify the applicant in writing within 90 days after an application for a modification of a wireless support structure or installation of a small cell wireless facility is received or 150 days after an application for a new wireless support structure is received. The time period for approval may be extended by mutual agreement between the applicant and the City Commission.
(b) The City Commission shall base its review of the special land use request on the standards contained in § 5.94 and Article XI of this chapter; provided, however, that a denial shall comply with all of the following:
1. The denial is supported by substantial evidence contained in a written record that is publicly released contemporaneously.
2. There is a reasonable basis for the denial.
3. The denial would not discriminate against the applicant with respect to the placement of the facilities of other wireless providers.
(c) In addition to the provisions set forth in § 5.94 and Article XI of this chapter, in the City Commission’s review:
1. An applicant’s business decision on the type and location of small cell wireless facilities, wireless support structures, or technology to be used is presumed to be reasonable. This presumption does not apply with respect to the height of wireless facilities or wireless support structures.
2. An applicant shall not be required to submit information about its business decisions with respect to any of the following:
A. The need for a wireless support structure or small cell wireless facilities.
B. The applicant’s service, customer demand for the service, or the quality of service.
3. The City Commission may impose reasonable requirements regarding the appearance of facilities, including those relating to materials used or arranging, screening, or landscaping.
4. The City Commission may impose spacing, setback, and fall zone requirements substantially similar to spacing, setback, and fall zone requirements imposed on other types of commercial structures of a similar height in a similar location.
(d) The fee for zoning review of a special land use and associated site plan shall be as established by the City Commission by resolution from time to time, but shall not exceed (i) $500 for a new small cell wireless facility or modification to an existing small cell wireless facility, and (ii) $1,000 for a new wireless support structure or a modification to an existing wireless support structure.
(e) Within one year after a zoning approval is granted, a small cell wireless provider shall commence construction of the approved structure or facilities that are to be operational for use by a wireless services provider, unless the City Commission and the applicant agree to extend this period or the delay is caused by a lack of commercial power or communications facilities at the site. If the wireless provider fails to commence the construction of the approved structure or facilities within the time required the zoning approval is void.
(Ord. effective 11-29-2013; Ord. effective 11-15-2019)