§ 152.251  SPECIAL USE PERMITS.
   (A)   Generally.  The following provisions shall govern the issuance of special use permits for towers or antennas by the Planning Commission.
      (1)   If the tower or antenna is not a permitted use under § 152.249 or permitted to be approved administratively pursuant to § 152.250, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
      (2)   Applications for special use permits under this section shall be subject to the procedures and requirements of § 152.229, except as modified in this section.
      (3)   In granting a special use permit, the Planning Commission may impose conditions to the extent the Planning Commission concludes the conditions are necessary to  minimize any adverse effect of the proposed tower on adjoining properties.
      (4)   Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
      (5)   An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the Village Council of the Village of Kingsley to reimburse the Village of Kingsley for the costs of reviewing the application.
   (B)   Towers.
      (1)   Information required.  In addition to any information required for applications for special use permits pursuant to § 152.229, applicants for a special use permit for a tower shall submit the following information:
         (a)   A scaled site plan clearly indicating the location, type, and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), master plan classification  of the site and all properties within the applicable separation distances set forth in § 152.251, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Administrator to be necessary to assess compliance with §§ 152.245et seq.;
         (b)   Legal description of the parent tract and leased parcel (if applicable);
         (c)   The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned  properties;
         (d)   1.   The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 152.248 shall be shown on an updated site plan or map.
            2.   The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
         (e)   A landscape plan showing specific landscape materials;
         (f)   Method of fencing and finished color and, if applicable, the method of camouflage and illumination;
         (g)   A description of compliance with §§ 152.248 and 152.251 and all applicable federal, state, or local laws;
         (h)   A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users;
         (i)   Identification of the entities providing the backhaul network for the tower(s)described in the application and other cellular sites owned or operated by the  applicant in the Village of Kingsley;
         (j)   A description of the suitability of the use of existing towers, other structures, or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; and
         (k)   A description of the feasible location(s) of future towers or antennas within the Village of Kingsley based upon existing physical, engineering, technological, or geographical limitations in the event the proposed tower is erected.
      (2)   Factors considered in granting special use permits for towers.  In addition to any standards for consideration of special use permit applications pursuant to § 152.229, the Planning Commission shall consider the following factors in determining whether to issue a special use permit, although the Planning Commission may waive or reduce the burden on the applicant of 1 or more of these criteria if the Planning Commission concludes that the goals of §§ 152.245et seq. are better served thereby:
         (a)   Height of the proposed tower;
         (b)   Proximity of the tower to residential structures and residential district boundaries;
         (c)   Nature of uses on adjacent and nearby properties;
         (d)   Surrounding topography;
         (e)   Surrounding tree coverage and foliage;
         (f)   Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
         (g)   Proposed ingress and egress; and
         (h)   Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in § 152.251.
      (3)   Availability of suitable existing towers, other structures, or alternative technology.  No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna.  An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers other structures or alternative technology.  Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following.
         (a)   No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
         (b)   Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
         (c)   Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
         (d)   The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicants proposed antenna.
         (e)   1.   The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.
            2.   Costs exceeding new tower development are presumed to be unreasonable.
         (f)   The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
         (g)   1.   The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable.
            2.   Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
      (4)   Setbacks.  The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the Planning Commission may reduce the standard setback requirements if the goals of §§ 152.245et seq. would be better served thereby.
         (a)   Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line.
         (b)   Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
      (5)   Separation.  The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Planning Commission may reduce the standard separation requirements if the goals of §§ 152.245et seq. would be better served thereby.
         (a)   Separation from off-site uses/designated areas.
            1.   Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
            2.   Separation requirements for towers shall comply with the minimum standards established in Table 1.
            3.   Table 1:
 
Table 1
Off-site Use/Designated Area
Separation Distance
Single-family or duplex residential units*
200 feet or 300% height of tower, whichever is greater
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired
200 feet or 300% height of tower,** whichever is greater
Vacant unplatted residentially zoned lands***
100 feet or 100% height of tower, whichever is greater
Existing multi-family residential units greater than duplex units
100 feet or 100% height of tower, whichever is greater
Nonresidentially zoned lands or nonresidential uses
None; only setbacks apply
NOTES TO TABLE:
*    Includes modular homes and mobile homes used for living purposes.
**    Separation measured from base of tower to closest building setback line.
***   Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex.
 
         (b)   Separation distances between towers.
            1.   a.   Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers.
               b.   The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower.
               c.   The separation distances (listed in linear feet) shall be as shown in Table 2.
            2.   Table 2:
 
Table 2:  Existing Towers; Types
Lattice
Guyed
Monopole 75 Feet in Height or Greater
Monopole Less Than 75 Feet in Height
Lattice
5,000
5,000
1,500
750
Guyed
5,000
5,000
1,500
750
Monopole 75 Feet in Height or Greater
1,500
1,500
1,500
750
Monopole Less Than 75 Feet in Height
750
750
750
750
 
      (6)   Security fencing.  Towers shall be enclosed by security fencing not less than 6 feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Planning Commission may waive the requirements, as it deems appropriate.
      (7)   Landscaping.  The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Planning Commission may waive the requirements if the goals of §§ 152.245et seq. would be better served thereby.
         (a)   1.   Tower facilities shall be landscaped with a buffer of plant materials effectively screening the view of the tower compound from property used for residences.
            2.   The standard buffer shall consist of a landscaped strip at least 4 feet wide outside the perimeter of the compound.
         (b)   In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
         (c)   1.   Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible.
            2.   In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(Ord. 98-3, passed 10-10-1998)  Penalty, see § 152.999