(a) Permitted Districts for Wireless Communication Facilities.
(1) Subject to the standards and conditions set forth in paragraph (b)(l) below, wireless communication facilities shall be deemed principal permitted uses in the following circumstances, and in the following districts:
A. A proposed colocation of an attached wireless communication facility upon an existing attached wireless communication facility, wireless communication support structure, building and/or other structure within any Multiple Family Residential District (MFRD), Community Service District (CSD), Neighborhood Business District (NBD), Municipal Business District (MBD),
Central Business District (CBD), Regional Business District (RBD), Light Industrial District (LID), or General Industrial District (GID), or any planned unit development, where the existing structure is not, in the discretion of the Planning Commission and Council, proposed to be either materially altered or materially changed in appearance.
B. A proposed colocation of an attached wireless communication facility upon an existing attached wireless communication facility, wireless communication support structure, or building and/or other structure which had been pre-approved for such colocation as part of an earlier approval by the City of Lincoln Park.
C. A proposed colocation of an attached wireless communication facility upon any Detroit Edison high-tension electrical transmission tower.
D. A wireless communication support structure established upon a Municipally owned parcel of property within any Multiple Family Residential District (MFRD), Community Service District (CSD), Neighborhood Business District (NBD), Municipal Business District (MBD), Central Business District (CBD), Regional Business District (RBD), Light Industrial District (LID), or General Industrial District (GID), or any planned unit development. Structures upon such sites shall also be subject to the standards of paragraph (d)(2) below, if the Planning Commission and Council determine that the location is an aesthetically sensitive site.
(2) Subject to the standards and conditions set forth below, wireless communication facilities shall be authorized as permitted uses after special approval within the following districts:
A. Monopole support structures upon non-Municipally owned parcels of property within any Multiple Family Residential District (MFRD), Community Service District (CSD), Neighborhood Business District (NBD), Municipal Business District (MBD), Central Business District (CBD), Regional Business District (RBD), Light Industrial District (LID), or General Industrial District (GID), or any planned unit development.
B. Lattice-style tower support structures upon non-Municipally owned parcels of property within any General Industrial District (GID).
(3) If it is demonstrated by an applicant that a wireless communication facility may not be reasonably established as a permitted use under paragraph (a)(1) hereof, and is required to be established outside of a district identified in paragraphs (a)(1) and (2) hereof, in order to operate a wireless communication service, then wireless communication facilities may be permitted elsewhere in the City as a permitted use after special approval, subject to the criteria and standards of paragraphs (b) and (d) hereof.
(b) General Regulations for Wireless Communication Facilities.
(1) Standards and conditions applicable to all facilities. 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 and Council at their discretion.
A. Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.
B. Facilities shall be located and designed to be harmonious with the surrounding areas.
C. Wireless communication facilities shall comply with any present and/or future applicable Federal and State standards relative to the environmental effects of radio frequency emissions.
D. Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.
E. There shall be a maximum of one (1) support structure per square mile throughout the City. Support structures shall be placed a minimum distance of one-half (½) mile from other support structures.
F. The following additional standards shall be met:
1. The maximum height of all new or modified attached wireless communication facilities and wireless communication support structures shall be eighty (80) feet, or such lower maximum heights as approved and/or allowed by the Federal Aviation Administration under 14 CFR Part 77. The Zoning Board of Appeals may grant a variance to the height standard if an applicant can demonstrate a higher minimum height is necessary for reasonable communication and the operation of their system. The Zoning Board of Appeals may also grant a variance to the maximum permitted height of a support structure of up to twenty (20) feet in cases where such additional height would permit additional colocations. 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.
2. The setback of any support structure from any residential district boundary, or from any property line, existing or proposed rights-of-way, or other publicly traveled roads within any residential district shall be at least the height of the highest point of any structure on the premises.
3. Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential purposes, the minimum setback for monopole support structures, and accessory structures, shall be in accordance with the required setbacks for main or principal buildings as provided in the schedule of regulations for the zoning district in which the support structure is located, unless the Planning Commission and Council determine a greater setback is necessary as provided in paragraph (c)(3) hereof. The minimum setback for any lattice tower support structure shall be the height of the tower. The Zoning Board of Appeals may grant variances for the setback of all support structures in order to reduce their visual impact or to meet colocation requirements.
4. 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; the proximity to Residential Districts, minimizing disturbance to the natural landscape; and the type of equipment which will be needed to access the site.
5. The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.
6. Where an attached wireless communication facility is proposed on the roof of a building, and if the equipment enclosure is proposed as a roof appliance or penthouse on the 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.
7. Support structures shall be either gray, white, or light blue in color. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.
8. The support system shall be constructed in accordance with all applicable building codes. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.
9. 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.
(2) Standards and conditions applicable to facilities permitted after special approval. Applications for wireless communication facilities which may be permitted after special approval under paragraphs (a)(2) and (a)(3) hereof shall be reviewed, and, if approved, shall be constructed and maintained in accordance with the standards and conditions in paragraph (b)(1) hereof and in accordance with the following standards (also see subsection (d) hereof for facilities permitted after special approval under paragraph (a)(3) hereof).
A. The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one 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.
B. The proposal shall be reviewed in conformity with the colocation requirements of this section.
(c) Application requirements for wireless communication facilities.
(1) A site plan prepared in accordance with Section 1296.01, Site Plan Review, shall be submitted, showing the location, size, screening and design of all buildings and structures, including fences, the location and size of outdoor equipment, and the location, number, and species of proposed landscaping.
(2) The site plan shall also include a detailed landscaping plan where the support structure is being placed at a location which is not otherwise developed, or where a developed area will be disturbed. 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.
(3) The application shall include a signed certification by a State of Michigan 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.
(4) The application shall include a description of security to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in subsection (f) below. In this regard, the security shall, at the election of Council, be in the form of: A. cash; B. a surety bond; C. a letter of credit; or D. an agreement in a form approved by the City Attorney 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, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorneys fees incurred by the City in securing removal.
(5) 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 areas surrounding the borders of the City in the location, and in the area, which are relevant in terms of potential colocation 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 a trade secret and/or other confidential commercial information which, if released, would result in a commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy (MCLA 15.243(l)(g)). This section shall serve as a 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 City.
(6) The name, address and telephone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.
(d) Special requirements for facilities proposed to be situated outside of an allowable district.
For facilities which are not permitted uses under paragraph (a)(1) hereof, and are proposed to be located outside of a district identified in paragraph (a)(2) hereof, an application shall be reviewed and, if approved, facilities shall be constructed and maintained in accordance with the following additional standards and requirements, along with those in subsection (b) hereof:
(1) At the time of the submittal, the applicant shall demonstrate that a location within a permitted district 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, tree, or other form which is compatible with the existing character of the proposed site, neighborhood and general area, as approved by the Planning Commission.
(3) In single-family residential neighborhoods, site locations outside of a district identified in paragraphs (a)(l) and (a)(2) hereof 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 sites.
B. Other governmentally-owned sites.
C. Religious or other institutional sites.
D. Public parks and other large permanent open space areas, when compatible.
E. Public or private school sites.
F. Other locations if none of the above is available.
(e) Colocation.
(1) Feasibility of colocation. Colocation shall be deemed to be feasible for purposes of this section when all of the following conditions are met:
A. The wireless communication provider entity under consideration for colocation will undertake to pay market rent or other market compensation for colocation.
B. The site on which colocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.
C. The colocation being considered is technologically reasonable, i.e., the colocation will not result in unreasonable interference, given appropriate physical and other adjustments in relation to the structure, antennas, and the like.
D. The height of the structure necessary for colocation will not be increased beyond a point deemed to be permissible by the City, taking into consideration the several standards contained in subsections (b) and (d) hereof.
(2) Requirements for colocation.
A. A permit for the construction and use of a new wireless communication support structure shall not be granted unless and until the applicant demonstrates that a feasible colocation is not available for the coverage area and capacity needs.
B. All new and modified wireless communication facilities shall be designed and constructed so as to accommodate colocation.
C. The policy of the City is for colocation. Thus, if a person 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 colocation, 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.
D. If a person who owns or otherwise controls a wireless communication facility shall fail or refuse to permit a feasible colocation, and this requires the construction and/or use of a new support structure, the person failing or refusing to permit a feasible colocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the City, and, consequently, such person 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 five (5) years from the date of the failure or refusal to permit the colocation. Such person may seek and obtain a variance from the Zoning Board of Appeals if and to the limited extent that the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five (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.
(3) Incentive for colocation. Review of an application for colocation, and review of an application for a permit for use of a facility permitted under paragraph (a)(l)A. hereof, shall be expedited by the City.
(4) Notification of colocation. An application for a new wireless communication support structure shall include a letter from the applicant to all potential users offering an opportunity for colocation. The list of potential users shall be provided by the City based upon those entities who have requested approval of a wireless communication facility, current Federal Communications Commission license holders, and other entities requesting to be on the list. If, during a period of thirty (30) days after the notice, letters are sent to potential users, a user requests, in writing, to colocate upon the new support structure, the applicant shall accommodate the request(s), unless colocation is not feasible based upon the criteria of this section.
(f) Removal.
(1) A condition of every approval of a wireless communication facility shall be the adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one (1) or more of the following events:
A. When the facility has not been used for one-hundred-eighty (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.
B. Six (6) months after new technology is available at reasonable cost, as determined by Council, which permits the operation of the communication system without the requirement of the support structure.
(2) The situations in which removal of a facility is required, as set forth in paragraph (f)(1) hereof, may be applied and limited to portions of a facility.
(3) Upon the occurrence of one (1) or more of the events requiring removal, specified in paragraph (f)(1) hereof, 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 Building Superintendent.
(4) If the required removal of a facility or a portion thereof has not been lawfully completed within sixty (60) days of the applicable deadline, and after at least thirty (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.
(g) Other Antennas, Towers and Satellite Dish Antennas. Radio or television antennas or towers, including citizen band radio facilities, short wave facilities, ham and amateur radio facilities, television reception antennas, satellite dish antennas and transmission or reception antennas below three-hundred (300) watts of output, but excluding wireless communication facilities, erected or installed in any zoning district, shall comply with the following requirements:
(1) An antenna or tower, with the exception of a satellite dish antenna, shall be located only in a side or rear yard. A satellite dish antenna shall be located only in a rear yard.
(2) No portion of an antenna, including a satellite dish antenna, shall be located closer than six (6) feet, measured on a horizontal plane, from any side or rear lot line, or placed on any easement.
(3) Ground-mounted antennas, including satellite dish antennas, in a yard fronting on a public street shall be screened from such street by landscaping or a wall and the site approved by the Planning Commission, which shall require a sketch plan indicating the location of the satellite dish and buildings, paved areas and other appropriate site features within one-hundred (100) feet of the proposed location.
(4) The height of an antenna, with the exception of a satellite dish antenna, shall not exceed fifty (50) feet above mean grade or ten (10) feet above the peak of the roofline, in any Residential Zoning District, and shall not exceed one-hundred (100) feet above mean grade in any other zoning district.
(5) The height of a satellite dish antenna, including any platform or structure upon which the antenna is mounted, shall not exceed fifteen (15) feet in height at its maximum point above mean grade.
(6) Notwithstanding the above, a satellite dish antenna having a diameter of twenty- four (24) inches or less may be attached to the roof of a building, provided that no portion of the satellite dish antenna extends more than thirty-six (36) inches above the highest point of the roof.
(7) The installation of antennas, including a satellite dish antenna, shall require issuance of a building permit prior to erection.
(8) The diameter of a satellite dish shall not exceed twelve (12) feet.
(9) No advertising or identification display shall be placed on any portion of an antenna or tower, including a satellite dish antenna.
(10) No more than two (2) antennas, including a maximum of one (1) satellite dish antenna, shall be located on the same lot as a principal building. Antennas are permitted only in connection with, incidental to and on the same lot as, a principal building, structure or use.
(Res. 98-340A. Passed 9-21-98.)