(A) Findings.
(1) The Federal Telecommunications Act of 1996 (“the Act”), being 47 U.S.C. Ch. 5, Subchs. I, II and VI, grants the Federal Communications Commission (FCC) exclusive jurisdiction over:
(a) The regulation of the environmental effects of radio frequency (RF) emissions from telecommunications facilities; and
(b) The regulation of radio signal interference among users of the RF spectrum.
(2) The city’s regulation of WCEC, WCE and WCSS in the city will not have the effect of prohibiting any person from providing wireless telecommunications services in violation of the act.
(B) Purposes. The general purpose of this section is to regulate the placement, construction, and modification of WCEC, WCE and WCSS in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. Specifically, the purposes of this chapter are:
(1) To regulate the location of WCEC, WCE, and WCSS in the city;
(2) To protect residential areas and land uses from potential adverse impact of WCEC, WCE, and WCSS;
(3) To minimize adverse visual impact of WCEC, WCE, and WCSS through careful design, siting, landscaping, and innovative camouflaging techniques;
(4) To promote and encourage the collocation of WCE as a primary option rather than construction of new WCSS;
(5) To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new WCSS structures to support WCE;
(6) To avoid potential damage to property caused by WCEC, WCE, and WCSS by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound; and
(7) To ensure that WCEC, WCE, and WCSS are compatible with surrounding land uses.
(C) Collocation of wireless communications equipment (WCE).
(1) To encourage collocation and to minimize the number of WCSS within the city, WCE shall be considered a permitted accessory use and not subject to local zoning approval by the city when all of the following criteria are met:
(a) The WCE will be collocated on an existing WCSS or an existing equipment compound;
(b) The existing WCSS or existing equipment compound is in compliance with local zoning requirements or received prior approval by the city;
(c) The proposed collocation will not:
1. Increase the overall height of the WCSS by more than 20 feet or 10% of its original height, whichever is greater;
2. Increase the width of the WCSS by more than the minimum necessary to permit collocation; and
3. Increase the area of the existing WCEC to greater than 2,500 square feet.
(d) The proposed collocation complies with the terms and conditions of any previous final approval of the WCSS or equipment compound by the city.
(2) WCE installations that are part of a proposed collocation activity that meet the requirements of divisions (C)(1)(a) and (C)(1)(b) above, but do not meet the requirements of division (C)(1)(c) above or division (C)(1)(d) above, shall be subject to special use approval procedures outlined in § 154.023. The Zoning Administrator shall determine that the special use permit application is administratively complete within 14 business days of its receipt. The Planning Commission shall also approve or deny the application not more than 60 days after the application is considered to be administratively complete.
(3) WCE installations that are part of a proposed collocation activity and which also fully meet the requirements of division (C)(1) above shall be considered a permitted use of property and not subject to special use procedures or any other zoning approval by the city. Plans for such installation shall be administratively reviewed by the Zoning Administrator to verify compliance with such requirements. The Zoning Administrator shall complete his or her administrative review of the proposed installation plans within 14 business days of his or her receipt of such plans.
(D) Installation of wireless communications equipment (WCE) not part of a proposed collocation activity.
(1) The installation of a new WCE not part of a proposed collocation activity shall comply with the following provisions.
(a) WCE shall require no personnel on the premises except as is necessary for maintenance and repair of the WCE and/or supporting WCSS.
(b) Equipment shelters, cabinets, and similar structures located within a WCEC shall not be greater than 15 feet in height and shall meet all requirements for accessory buildings specified in § 154.061.
(c) All WCE shall be designed to blend into or meet the aesthetic character of the principal (primary) structure where reasonably practical, taking into consideration the location of the WCE and the line of sight angle and its visibility and distance from the right-of-way and neighboring uses.
(d) WCE proposed to be located on a historic landmark or in a designated historic district may be denied if the WCE would visually detract from the historic character of the historic landmark or district.
(e) This section shall not exempt the applicant from such other government review and permitting procedures (i.e., FCC, FAA, and the like).
(2) The installation of WCE not part of a proposed collocation activity meeting the requirements of division (D)(1) above shall be considered to be a permitted use of property not subject to special use permit approval or any other zoning approval by the city. Plans for such installation shall be administratively reviewed by the Zoning Administrator to verify compliance with such requirements. The Zoning Administrator shall complete his or her administrative review of the proposed installation plans within 14 business days of his or her receipt of such plans.
(E) Development of a new wireless communication equipment compound (WCEC) and wireless communication support structure (WCSS).
(1) A WCEC and WCSS shall be allowed as a special use of land in the General Commercial and Limited Industrial zoning districts subject to the approval procedures of § 154.023 and additional requirements herein.
(2) WCSS are exempt from the maximum height restrictions of the districts where located. WCSS shall be permitted to a height of 150 feet.
(3) The applicant must include a statement in the application of its good faith intent to allow the collocation of the WCE of other entities, provided that the cost of modifying the WCEC and WCSS to accommodate the collocation WCE is borne by the collocating entity.
(4) An application to develop a WCEC and WCSS shall include:
(a) The name, address, and telephone number of the owner and lessee of the parcel of land upon which the WCEC is situated. If the applicant is not the owner of the parcel of land upon which the WCEC is situated, the written consent of the owner shall be evidenced in the application;
(b) The legal description, parcel number, and address of the parcel of land upon which the WCEC is to be situated;
(c) The application shall include a map showing existing and known proposed WCSS within the city, and further showing existing and known WCSS within areas surrounding the borders of the city in the location, and in the area, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility;
(d) A description of the design plan proposed by the applicant in the city. Applicant must identify its utilization of the most recent technological design, including micro-cell design, as part of the design plan. The applicant must demonstrate the need for a WCSS and why design alternatives, such as the use of micro-cell, cannot be utilized to accomplish the provision of the applicant’s telecommunications services;
(e) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or collocate the WCE on city-owned WCSS located within the city limits and/or a one-half mile radius of the proposed WCEC site;
(f) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install or collocate the WCE on WCSS owned by others located within the city limits and/or a one-half mile radius of the proposed WCEC site;
(g) Written technical evidence from a licensed engineer(s) that the proposed WCE cannot be installed or collocated on another person’s WCSS owned by other persons located within the city limits and/or a one-half mile radius of the proposed WCEC site;
(h) A written statement from a licensed engineer(s) that the construction and placement of the WCSS will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties;
(i) Written, technical evidence from a licensed engineer(s) that the proposed structure will be structurally sound and, at minimum, in conformance with the Building Code, and any other standards outlined in this chapter;
(j) Written, technical evidence from a licensed engineer(s) acceptable to the Fire Chief and the Building Official that the proposed site of the WCEC does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals;
(k) In order to assist city staff and the Planning Commission in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the WCSS with a photo-realistic representation of the proposed WCSS as it would appear viewed from the closest residential property and from adjacent roadways;
(l) The Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the city to condition or deny on the basis of RF impacts the approval of any telecommunications facilities (whether mounted on towers or antenna support structures) which meet FCC standards. In order to provide information to its citizens, the city shall make available upon request copies of ongoing FCC information and RF emission standards for telecommunications facilities transmitting from towers or antenna support structures. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards; and
(m) Written documentation demonstrating compliance with the Bishop International Airport Joint Airport Zoning Ordinance 98-1 and copies of any permits required under such ordinance. For a tower in the vicinity of any other airport, copies of permits from the MDOT Office of Aeronautics as may be required under the state’s Tall Structure Act, Public Act 259 of 1959, being M.C.L.A. §§ 259.481 through 259.493, as amended.
(5) The Planning Commission may require an applicant to supplement any information that the Commission considers inadequate or that the applicant has failed to supply. The Commission may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this division (E). The Zoning Administrator shall determine whether the special use permit application is administratively complete within 14 business days of its receipt. The Planning Commission shall approve or deny the application not more than 90 days after the application is considered administratively complete.
(F) Setbacks.
(1) All WCSS up to 100 feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. WCSS in excess of 100 feet in height shall be set back one additional foot per each foot of tower height in excess of 100 feet.
(2) Setback requirements for WCSS shall be measured from the outermost edge of the WCEC to the property line of the parcel of land on which it is located.
(3) Setback requirements may be modified, as provided in division (P) below, when placement of a WCSS in a location which will reduce the visual impact can be accomplished. For example, adjacent to trees which may visually hide the WCSS.
(4) WCEC shall be separated from all residentially zoned lands by a minimum of 200 feet or 200% of the height of the proposed WCSS, whichever is greater.
(5) Proposed WCEC must meet the following minimum separation requirements from existing WCEC or WCEC which have a special use permit but are not yet constructed at the time a special use permit is granted pursuant to this code.
(a) Monopole WCSS shall be separated from all other WCSS, whether monopole, self-supporting lattice, or guyed, by a minimum of 750 feet.
(b) Self-supporting lattice or guyed WCSS shall be separated from all other self-supporting or guyed WCSS by a minimum of 1,500 feet.
(c) Self-supporting lattice or guyed WCSS shall be separated from all monopole WCSS by a minimum of 750 feet.
(G) Method of determining WCSS height. Measurement of WCSS height for the purpose of determining compliance with all requirements of this section shall include the WCSS structure itself, the base pad, and any other telecommunications facilities attached thereto. WCSS height shall be measured from natural grade.
(H) Illumination. WSS shall not be artificially lighted except as required by the Federal Aviation Administration (FAA).
(I) Exterior finish. WCSS not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, as approved by the appropriate reviewing body.
(J) Landscaping. All landscaping on a parcel of land containing WCEC, WCE, and WCSS shall be in accordance with the applicable landscaping requirements in the zoning district where the facilities are located. The city may require landscaping in excess of the requirements in this code of ordinances in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing.
(K) Access. A parcel of land upon which a WCEC is located must provide access to at least one paved vehicular parking space on site.
(L) Stealth design. All towers shall be of stealth design.
(M) Modification of wireless communication support structures (WCSS).
(1) A WCSS existing prior to the effective date of this chapter, which was in compliance with the city’s zoning regulations immediately prior to the effective date of this chapter, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified or demolished and rebuilt and shall comply with all of the requirements of this chapter including:
(a) The WCSS is being modified or demolished and rebuilt for the sole purpose of accommodating, within six months of the completion of the modification or rebuild, additional WCE comparable in weight, size, and surface area to the WCE of any company currently installed on the WCSS;
(b) An application for a special use permit is made to the Planning Commission. The Zoning Administrator shall determine that the application for approval is administratively complete within 14 business days of its receipt. The Planning Commission shall approve or deny the application not more than 90 days after the application is considered administratively complete. The granting of a special use permit pursuant to this section allowing the modification or demolition and rebuild of an existing nonconforming WCSS shall not be considered a determination that the modified or demolished and rebuilt WCSS is conforming; and
(c) The height of the modified or rebuilt WCSS attached thereto does not exceed the maximum height allowed under this chapter.
(2) Except as provided in this section, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than 180 days. This chapter shall not be interpreted to legalize any structure or use existing at the time this chapter is adopted which structure or use is in violation of this code of ordinances prior to enactment of this chapter.
(N) Inspections.
(1) The city or its agents shall have authority to enter onto the property upon which a WCEC is located to inspect the WCSS for the purpose of determining whether it complies with the Building Code and all other construction standards provided by this code of ordinances and federal and state law.
(2) The city reserves the right to conduct such inspections at any time, upon reasonable notice to the WCEC owner. All expenses related to such inspections by the city shall be borne by the WCEC owner.
(O) Maintenance.
(1) WCEC owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.
(2) WCEC owners shall install and maintain WCSS, WCE, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property.
(3) All WCSS and WCE shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.
(4) All maintenance or construction of WCSS and WCE shall be performed by licensed maintenance and construction personnel.
(5) All WCSS shall maintain compliance with current RF emission standards of the FCC.
(6) In the event that the use of a WCSS is discontinued by the WCEC owner, the WCEC owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued and the WCSS and WCE removed.
(P) Criteria for site plan development modifications.
(1) Notwithstanding the requirements provided in this section, a modification to the requirements may be approved by the Planning Commission as a special use. In requesting such modification, the following information shall be provided:
(a) A description of how the plan addresses any adverse impact that might occur as a result of approving the modification;
(b) A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the modification;
(c) A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties;
(d) For a modification of the setback requirement, the application shall identify all parcels of land where the proposed WCSS could be located, attempts by the applicant to contract and negotiate an agreement for collocation, and the result of such attempts; and
(e) The Planning Commission may require the application to be reviewed by an independent licensed engineer under contract to the city to determine whether the study supports the basis for the modification requested. The cost of review by the independent licensed engineer shall be reimbursed to the city by the applicant.
(2) The Planning Commission shall consider the application for modification based on the following criteria:
(a) The WCSS as modified will be compatible with and not adversely impact the character and integrity of surrounding properties;
(b) Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification; and
(c) In addition, the Planning Commission may include conditions on the site where the WCEC and WCSS is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed facility and mitigate any adverse impacts which arise in connection with the approval of the modification.
(3) In addition to the requirements of division (P)(1) above, in the following cases, the applicant must also demonstrate, with written evidence, the following:
(a) In the case of a requested modification to the setback requirement, division (F) above, that the setback requirement cannot be met on the parcel of land upon which the WCSS is proposed to be located and the alternative for the person is to locate the WCSS at another site which is closer in proximity to a residentially zoned land;
(b) In the case of a request for modification to the separation and buffer requirements from other WCSS of division (F) above, that the proposed site is zoned General Commercial or Limited Industrial and the proposed site is at least double the minimum standard for separation from residentially zoned lands as provided for in division (F) above;
(c) In the case of a request for modification of the separation and buffer requirements from residentially zoned land of division (F) above, if the applicant provides written technical evidence from a licensed engineer(s) that the proposed WCSS and WCE must be located at the proposed site in order to meet the coverage requirements of the applicant’s wireless communications system and if the person is willing to create approved landscaping and other buffers to screen the WCEC and WCSS from being visible to residentially zoned property; and
(d) In the case of a request for modification of the height limit for WCSS, that the modification is necessary to:
1. Facilitate collocation of WCE in order to avoid construction of a new WCSS; or
2. To meet the coverage requirements of the applicant’s wireless communications system, which requirements must be documented with written, technical evidence from an engineer(s) that demonstrates that the height of the proposed WCSS is the minimum height required to function satisfactorily, and no WCSS that is taller than such minimum height shall be approved.
(Q) Abandonment.
(1) If any WCSS shall cease to be used for a period of 270 consecutive days, the Zoning Administrator shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the Planning Commission that such site has been abandoned. The owner shall have 30 days from receipt of said notice to show, by a preponderance of the evidence, that the WCSS has been in use or under repair during the period. If the owner fails to show that the WCSS has been in use or under repair during the period, the City Council shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within 75 days, dismantle and remove the WCSS.
(2) To secure the obligation set forth in this section, the applicant, and/or owner, shall post a bond, at the time of issuance of the building permit, in the minimum amount of $50,000. Said bond shall be renewed annually. Such amount shall be determined by the Planning Commission based on the anticipated cost of removal of the WCSS.
(Ord. 285, passed 12-8-2003; Ord. 369, passed 6-8-2015) Penalty, see § 154.999