(a) Wireless communications equipment which is proposed to be mounted or attached to a newly installed wireless communications support structure which will exceed the maximum height in feet as allowed for structures, or a proposed collocation subject to the provision of Section 1280.04(d) are allowed in all zoning districts, provided a special land use permit is approved by the Planning Commission subject to the regulations and requirements of this chapter, the general standards for approval in Section 1274.04, and all application and review procedures of Chapter 1274.
(b) Wireless communications support structures shall be designed (structurally, electrically, and in all other respects), to accommodate both the applicant's equipment and comparable equipment for a least two additional users. Approval shall be conditional upon the applicant's agreements to permit use by others. Towers must be designed to allow for future rearrangement of equipment upon the tower to accept equipment mounted at varying heights.
(c) Wireless communications equipment and support structures shall be designed to blend into the surrounding environment through the use of color and architectural treatment, except in instances where color is dictated by other State or Federal authorities. Towers shall be of a monopole design unless the Planning Commission determines that an alternative design would better blend into the surrounding environment.
The Planning Commission may require such structures or equipment on the ground to be screened with landscaping, berms, walls, or a combination of these elements.
(d) Wireless communications equipment and support structures shall not be illuminated unless required by other State or Federal authorities. No signs or other advertising not related to safety or hazard warnings shall be permitted on any part of the tower or associated equipment or buildings.
(e) Wireless communications equipment and support structures which are abandoned or unused shall be removed, along with any associated structures or equipment, within 12 months of the cessation of operations, unless a time extension is granted by the Zoning Administrator. One three-month extension shall be permitted only if the Zoning Administrator finds that the owner or former operator of the facility is taking active steps to ensure its removal.
(f) Procedures.
(1) An application for a special use permit for wireless communications equipment and wireless communications support structures shall be reviewed for completeness by the Zoning Administrator or his or her agent. An application shall be considered complete if it contains all of the information contained in Sections 1280.04(e) and (f), and 1280.05(f)(5). Within 14 days of receiving the application the Zoning Administrator shall notify the applicant in writing of any missing items. Failure to do so shall mean that the special use permit application is considered complete (but not approved).
(2) Once a completed application is received, a public hearing shall be scheduled in accordance with the requirements of Section 1274.03 of this Code.
(3) The Planning Commission shall render a decision on a completed application within 60 days of its receipt. Failure to do so shall result in the approval of the application as submitted. In the case of special land use approval for wireless communications equipment that does not meet the requirements of Section 1280.04(d), the period for approval or denial is 90 days.
(4) Any conditions imposed upon the approval of the special use permit shall relate directly to the requirements of this Zoning Ordinance and any applicable City ordinances as well as applicable State of Michigan and Federal laws.
(5) Application Requirements. In addition to application requirements as required by Chapter 1274, an application for wireless communications equipment and wireless communications support structures which require special land use approval shall include all of the following information. The fee paid by the applicant shall not exceed the actual cost to process the application or one thousand dollars ($1,000.00), whichever is less.
A. Proposed use. A complete written and graphic description of the proposed wireless communications equipment and wireless communications support structure. This shall include an illustration of the antenna and support structure to be installed and its design including cross section and elevation drawings and a diagram of how the tower/antenna will be anchored.
B. Location justification. Written materials which document the need for the proposed location.
C. Ownership interest. The nature and extent of the applicant's ownership or lease interest in the property, building or structure upon which the facilities are proposed for placement.
D. Other tower locations. A map depicting other locations of wireless communications support structures within three miles of the proposed site.
E. Collocations. Documentation that the applicant has investigated the potential of collocation with other wireless communication service providers or owners of wireless communications support structures located in the City or neighboring communities and which may meet the coverage needs of the applicant. The documentation must include written evidence that the applicant has had direct communication and response regarding the potential for collocation with the owners/operators of such other wireless communications support structures. All applications for construction of a wireless communications support structure will be required to provide plans for future collocation with other owners/operators at a fair and reasonable rental rate.
F. Engineering certification and plans. A statement that the proposed wireless communications equipment and wireless communications support structure will be installed in accordance with the manufacturer's specifications and applicable City codes. A set of drawings sealed by a professional engineer for the installation of the wireless communications equipment and wireless communications support structure shall also be provided.
G. A description of the tower maintenance program.
H. A decommissioning plan explaining the process to be undertaken by the applicant for tearing down the tower and removing all tower equipment, materials and structures and restoring the site so it can be used by a use permitted in that zoning district.
I. Security measures including emergency contact personnel.
J. Liability. The applicant shall provide documentation that indemnity and insurance coverage exist for the wireless communications equipment and wireless communications support structure in the event that damage or personal injury occurs or the provider abandons the structure. The specific dollar amount of the indemnity and insurance coverage shall be approved by the City and the cancellation of such policy shall not be effective without the approval of the City.
(g) Site Plan Requirements. Twelve copies of a site plan accurately drawn at a scale of not more than one inch equals 100 feet. However, a larger scale may be accepted by the Planning Commission depending upon the size of the parcel. The plan shall be prepared and sealed by a professional engineer. The site plan shall contain at a minimum the information required by Section 1280.04(g) and any information required by Chapter 1276 Site Plan Review of this Code, or as may be required by the Planning Commission unless specifically waived by the Planning Commission.
(h) Performance Standards. Wireless communications equipment and wireless communications support structures shall comply with all of the following requirements:
(1) The tower and antenna shall comply with all applicable State construction and electrical codes and local building permit requirements as well as the manufacturer's installation requirements provided they do not conflict with the State and local requirements;
(2) All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA, and the minimum FAA lighting standards shall not be exceeded;
(3) The applicant shall provide written documentation of compliance with the Michigan Airport Zoning Act (Public Act 23 of 1950) and the Michigan Tall Structures Act (Public Act 259 of 1959);
(4) The maximum height of a wireless communications support structure and any attached wireless communications equipment shall be 200 feet. A structure greater than 200 feet may be approved, if in the opinion of the Planning Commission, the applicant has sufficiently demonstrated that the proposed structure and attached equipment in excess of 200 feet will be safe and also reduce the total number of potential similar structures within the City and the surrounding areas;
(5) The antenna or tower shall be permanently secured to a stable foundation;
(6) No part of the antenna or tower shall conduct or display any advertising, message or other graphic representation;
(7) All antennas and towers must be grounded to protect against damage from lightning;
(8) All towers shall be located so that they do not interfere with any reception in nearby residential areas. In the event a communication tower causes interference, the communication company shall take all steps necessary to correct and eliminate such interference; and
(9) The use of guy wires is prohibited. Only monopole towers are allowed.
(i) Approval Standards. In order to approve the application, the Planning Commission shall find that:
(3) Approval of the project will fill a significant gap in the service coverage of the applicant; and
(4) That alternate sites or facilities for the wireless communications equipment and wireless communications support structure are not available or feasible.
(j) Conditions of Approval. Any conditions imposed on an approval must relate directly to this chapter, other applicable City ordinances and codes and applicable State and Federal laws.
(k) Noncompliance with Section 1280.05 Requirements. If the Planning Commission determines to deny an application for special use permit approval because the proposed project does not meet one or more of the requirements contained in Section 1280.05 or any of the special land use or site plan standards of approval found elsewhere in this chapter, the Planning Commission shall nevertheless approve the proposed project if no other alternative tower sites or facilities are available or feasible and at least one of the following applies:
(1) A denial would prohibit (or have the effect of prohibiting) the providing of personal wireless services to the area in question;
(2) There is not substantial evidence on the record justifying a denial; or
(3) A significant gap in the existing service coverage exists in the area and the proposed project would close that gap.
Pursuant to any such approval by the Planning Commission, the wireless communication support structure and equipment shall still comply with all of the requirements of Section 1280.05 and other applicable provisions of this chapter except to the extent that the applicant demonstrates that compliance with a particular requirement or regulation would (a) prohibit or have the effect of prohibiting the providing of personal wireless services to the area, or (b) prohibit the applicant from closing a significant gap in existing service coverage to the area involved.
(Ord. 514. Passed 9-2-14.)