[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, church spires,
light poles, elevator bulkheads, barns, silos, and similar alternative-design
mounting structures that camouflage or conceal the presence of antennas
or towers.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless communications
signals or other communication signals.
CO-LOCATION
The use of a tower by more than one wireless telecommunications
provider.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other building or structure
upon which an antenna is mounted, the distance measured from the finished
grade of the parcel at the center of the front of the tower or other
building or structure to the highest point on the tower or other building
or structure, including the base pad and any antenna.
LATTICE TOWER
A support structure constructed of vertical metal struts
and cross braces, forming a triangular or square structure which often
tapers from the foundation to the top.
MONOPOLE TOWER
A support structure constructed of a single, self-supporting
pole, securely anchored to a foundation without guy wires.
PREEXISTING TOWERS and PREEXISTING ANTENNAS
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
the amendment to the ordinance adding this article, or any tower or
antenna for which no building and/or special use permit was required,
including permitted towers or antennas that have not yet been constructed
so long as such approval is current and not expired.
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including self-supporting
(i.e., without guy wires or other external means of support) lattice
towers, guyed towers, or monopole towers, used for the transmission
or reception of radio, telephone, cellular telephone, television,
microwave or any other form of telecommunication signals. The term
"tower" includes the structure and any support for the structure.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]
(a) The Township has received or expects to receive requests to site
wireless communications towers and antennas within its boundaries.
(b) The Township finds that it is in the public interest to permit the
siting of wireless communications towers and antennas within its boundaries.
(c) It is the Township's intent to permit the siting of wireless communications
towers and antennas within its boundaries.
(d) It is the Township's intent to protect and promote the public health,
safety and welfare by regulating the siting of wireless communications
towers and antennas within its boundaries.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]
(a) The purpose of this article is to establish reasonable guidelines
and general regulations for siting wireless communications towers
and antennas.
(b) The goals of this article are to:
(1)
Protect residential areas and land uses from potential adverse
effects of towers and antennas;
(2)
Encourage the location of towers and antennas in nonresidential
areas;
(3)
Minimize the total number of towers and antennas throughout
the Township;
(4)
Promote the joint use of existing tower sites rather than construction
of additional towers;
(5)
Promote the location of towers and antennas in areas where the
adverse effect on the Township is minimal;
(6)
Promote the configuration of towers and antennas to minimize
their adverse visual impact through careful design, siting, landscape
screening, and innovative camouflaging techniques;
(7)
Promote telecommunications services to the Township which are
quick, effective, and efficient;
(8)
Protect the public health and safety of the Township and its
residents; and
(9)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
|
To further these goals, the Township shall consider its Comprehensive
Plan, Zoning Map, existing land uses, and environmentally sensitive
areas in approving sites for the location of towers and antennas.
|
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]
(a) New towers and antennas. All new towers and new antennas in the Township
shall be subject to this article, except as otherwise provided in
this section.
(b) Amateur radio station operators/receive-only antennas; television
antennas. This article shall not govern any tower, or the installation
of any antenna that is under 90 feet in height and is owned and operated
by a federally licensed amateur radio station or is used exclusively
for receive only antennas for voice or television reception.
(c) Preexisting towers and antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of Section
38-537(f) and
(g), and the general requirements of this article concerning preexisting structures (i.e., Article
VII of this chapter, pertaining to parking and loading spaces).
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]
(a) Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. A different existing use of or
on the same lot shall not preclude the installation of an antenna
or tower on that lot. Likewise, an existing antenna or tower on a
lot shall not preclude the location of a different use, building or
structure on the same lot.
(b) Lot size. Even though antennas or towers may be located on leased
portions of a lot, the dimensions of the entire lot shall be used
to determine if the installation of a tower or antenna complies with
the regulations of the applicable zoning district, including, but
not limited to setback requirements, lot-coverage requirements, and
other such requirements. The area of the lot and the lot dimensions,
frontage for example, shall meet the minimum requirements of the zoning
district within which it is located.
(c) Height. Towers shall not exceed a maximum height of the lesser of
199 feet or one foot lower than the height that would require illumination
of the tower on the date of the commencement of construction of the
tower.
(d) Tower finish. Towers shall either maintain a galvanized steel finish
or, subject to any applicable standards of the FAA, be painted a neutral
color so as to reduce visual obtrusiveness.
(e) Design of tower site. All towers shall be designed and constructed
to accommodate the co-location of a minimum of three wireless communication
carriers or providers. At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening, and landscaping that will blend them
into the natural setting and surrounding buildings.
(f) Antenna color. An antenna and its supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(g) Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(h) State or federal requirements. All towers and antennas must meet
or exceed current standards and regulations of the FAA, the FCC, and
any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this article shall bring such towers and antennas into compliance
with such revised and applicable standards and regulations within
six months of the effective date of such standards and regulations,
unless a different compliance schedule is mandated by the controlling
state or federal agency. Failure to comply with such revised and applicable
standards and regulations shall constitute grounds for the Township
to seek a court order, authorizing the Township or its designee to
remove the tower and/or antenna at the owner's expense.
(i) State construction codes and safety standards. The owner of a tower or antenna shall ensure its structural integrity by maintaining it in compliance with the standards contained in applicable state construction code and applicable standards published by the electronic industries association or any similar successor organization, as amended from time to time. If the Township suspects that a tower or an antenna does not comply with such codes or standards and constitutes a danger to persons or property, then the Township may proceed under applicable law in Article
IV of Chapter
10, pertaining to dangerous buildings or common law to bring the tower or antenna into compliance or to remove the tower or antenna at the owner's expense.
(j) Measurement. Tower setbacks and separation distances shall be measured
and applied to facilities without regard to municipal and county jurisdictional
boundaries.
(k) Not essential services. With the exception of towers and antennas
erected or installed by Ottawa County central dispatch or other similar
public entities for purposes of public safety, which are considered
by the Township to be essential services, all commercial towers and
antennas shall be regulated and permitted pursuant to this article,
and shall not be regulated or permitted as essential services, public
utilities, or private utilities.
(l) Franchises. Owners and/or operators of towers or antennas shall certify
that all franchises required by law for the construction and/or operation
of a wireless communication system in the Township have been obtained,
and they shall file a copy of all required franchises with the Zoning
Administrator.
(m) Signs. No signs or advertising shall be allowed on an antenna or
tower. However, the tower owner may post a sign no larger than 12
square feet in area designating a person to contact in an emergency,
together with the person's telephone number and address.
(n) Metal towers. Metal towers shall be constructed with a corrosion-resistant
material.
(o) No interference. Towers shall not interfere with television or radio
reception on surrounding properties.
(p) Paving requirement. All parking and drive areas shall be paved with an asphalt or concrete binder and shall be constructed in accordance with the requirements of Section
38-605. In the alternative, the Planning Commission may allow appropriate environmentally friendly paving materials, such as pervious concrete or other porous paving material that allows water to pass through it.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]
(a) General. The uses listed in this section are deemed to be permitted
uses by right in any zoning district and shall not require a special
use permit.
(b) Permitted uses.
(1)
Antennas or towers located on property owned, leased, or otherwise
controlled by the Township are permitted uses, provided a license
or lease authorizing such antenna or tower has been approved by the
Township. This provision shall not be interpreted to require the Township
to approve a license or lease.
(2)
Antennas which are themselves not more than 30 feet in height
and located upon legally existing electric transmission towers are
permitted uses.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]
(a) General. 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 Section
38-538, then a special use permit shall be required for the construction of a tower or the placement of an antenna in any zoning district.
(2)
Applications for special use permits under this section shall
be subject to the general procedures and requirements of this article
for special uses, except as modified in this section.
(3)
In granting a special use permit, the Planning Commission may
impose such conditions that the Planning Commission concludes are
necessary to minimize any adverse effect of the proposed tower or
antenna 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. This engineer shall certify in
writing that the tower or antenna will be structurally sound and will
comply with all applicable building and other construction code requirements.
(b) Processing special use applications.
(1)
Submittal information required. Applicants for a special use
permit for a tower or an antenna shall submit the following information,
in addition to any other information required by this article.
a.
A scaled site plan showing: the location, type and height of
the proposed tower or antenna; on-site land uses and zoning; adjacent
land uses, including buildings and structures located thereon, and
zoning (even if adjacent to another Township); comprehensive plan
classification of the site and all properties within the applicable
separation distances set forth in Subsection (b)(6) of this section;
small scale sketch of properties, streets and uses within one-half
mile of the proposed tower or antenna; adjacent roadways; proposed
means of access; setbacks from property lines; elevation drawings
of the proposed tower or antenna and any other structures; topography;
parking; and other information deemed necessary by the Zoning Administrator
or Planning Commission to assess compliance with this article.
b.
Legal description of the lot and of the leased portion of the
lot (if applicable), together with a copy of the applicant's deed
or lease.
c.
The separation distance between the proposed tower or antenna
and the nearest dwelling, platted residential properties, and unplatted
residentially zoned properties.
d.
An inventory of the existing towers, antennas, or sites approved
for towers or antennas, that are either within the jurisdiction of
the Township or within one mile of the Township border, including
specific information about the location, height, design, type of construction,
capacity to locate additional antennas, and the owners/operators of
those existing towers and antennas, along with the separation distance
between those other towers or antennas and the proposed tower and/or
antenna.
e.
A detailed landscape plan showing specific landscape materials,
both existing and proposed.
f.
A description of the method of fencing, finished color and,
if applicable, the method of camouflage and illumination of the tower
and/or antenna.
g.
Signed and sealed construction plans for the tower and/or antenna.
h.
A description of compliance with the requirements of this article,
and of all applicable federal, state, county or Township laws, rules,
regulations and ordinances.
i.
A notarized statement by the applicant for a tower, indicating
if the tower will accommodate co-location of additional antennas for
future users.
j.
A description of the services to be provided by the proposed
new tower or antenna, and any alternative ways to provide those services
without the proposed new tower or antenna, and evidence (in the form
of a report, study, or other relevant documentation) that no existing
tower, antenna, alternative tower structure, structure, or alternative
technology can provide the services sought by the applicant.
k.
A description of the feasible location of applicant's future
planned towers or antennas within the Township based upon existing
physical, engineering, technological or geographical limitations in
the event the proposed tower or antenna is erected.
(2)
Factors considered in granting special use permits for towers
or antennas. In addition to any other standards specified in this
article for considering special use permit applications, the Planning
Commission shall also consider the following factors in determining
whether to issue a special use permit under this article.
a.
Height of the proposed tower or antenna;
b.
Proximity of the proposed tower or antenna to residential structures
and residential district boundaries;
c.
Nature of uses on adjacent and nearby properties;
e.
Surrounding tree coverage and foliage;
f.
Design of the proposed tower or antenna, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
g.
Proposed ingress and egress to the proposed tower or antenna;
h.
Availability of suitable existing towers or antennas, alternative
tower structures, other structures, or alternative technologies not
requiring the use of towers or antennas or other structures, as discussed
in this section;
i.
The effect of the proposed tower or antenna on the conforming
properties and the surrounding neighborhood; and
j.
Whether or not the proposed tower or antenna is located in zoning
districts or on structures where the Township intends at least most
towers and antennas in the Township to be located, as subsequently
described in this section.
(3)
Township intentions concerning the location of most if not all
towers and antennas. The Township intends that most if not all towers
and antennas will be located as described in this subsection.
a.
The Township encourages the location of towers and antennas,
including the placement of additional buildings or other supporting
equipment used in connection with them, where they will have a minimal
adverse effect on residential uses.
b.
The Township encourages the location of antennas on existing
towers.
c.
The Township encourages antennas on existing structures which
are not towers, as an accessory use to any commercial, industrial,
professional, institutional, or multifamily structure of eight or
more dwelling units, provided the antenna does not extend more than
30 feet above the highest point of the structure.
(4)
Availability of suitable existing towers, antennas, alternative
tower structures, other structures, or alternative technology. No
new tower or antenna shall be permitted unless the applicant demonstrates
that no existing tower, antenna, alternative tower structure or alternative
technology can provide the services sought by the applicant without
the erection of the applicant's requested new tower or antenna. At
the applicant's sole cost and expense, the Township will contract
with an engineer, or other professional consultant, to review the
information submitted by the applicant and then provide a report to
the Planning Commission regarding whether this requirement has been
adequately met. Evidence that no existing tower, antenna, alternative
tower structure, structure, or alternative technology can provide
the services sought by the applicant may consist of the following.
a.
The applicant could demonstrate that no existing towers, antennas,
alternative tower structures, alternative technology, or other structures
are available within the geographical area which meet the applicant's
engineering requirements.
b.
The applicant could demonstrate that existing towers, antennas,
alternative tower structures, or other structures are not of sufficient
height to meet the applicant's engineering requirements, and that
their height cannot be increased to meet such requirements.
c.
The applicant could demonstrate that existing towers, alternate
tower structures, or other structures do not have sufficient structural
strength to support the applicant's proposed antenna and related equipment,
and that their strength cannot practically be increased to provide
that support.
d.
The applicant could demonstrate that the proposed antenna would
cause electromagnetic interference with existing towers or antennas,
or that existing towers or antennas would cause interference with
the applicant's proposed antenna.
e.
The applicant could demonstrate that the costs to collocate
an antenna exceed the costs of erecting a new tower or antenna.
f.
The applicant could demonstrate that there are other limiting
factors that render existing towers, antennas, alternative tower structures,
and other structures unsuitable.
g.
The applicant could demonstrate that an alternative technology
that does not require the use of towers or antennas is cost-prohibitive
or unsuitable.
(5)
Setbacks. The following setback requirements shall apply to
all towers for which a special use permit is required.
a.
Towers must be set back a minimum distance equal to at least
75% of the height of the tower from any adjoining lot line. The setback
is measured from the perimeter or outside edge of the base of the
tower.
b.
Guys and accessory buildings must satisfy the minimum setback
requirements for the applicable zoning district.
(6)
Separation. The following separation requirements shall apply
to all towers for which a special use permit is required.
a.
All monopole towers shall have a separation distance of the
greater of 200 feet or two times the height of the tower from residentially
zoned or used property.
b.
All lattice or guyed towers shall have a separation distance
of the greater of 300 feet or three times the height of the tower
from residentially zoned or used property.
c.
All new lattice or guyed towers shall be separated a minimum
distance of 5,000 feet from any existing tower (lattice, guyed, or
monopole). Separation distances between towers shall be applicable
for and measured between the proposed lattice or guyed tower and preexisting
towers. 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.
(7)
Security fencing. Towers and their guy wires, if any, for which
a special use permit is required shall be enclosed by security fencing
not less than six feet in height. The towers shall also be equipped
with appropriate anti-climbing devices.
(8)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a special use permit is required. The
required landscaping shall be maintained in good condition for the
duration of the special use permit and shall be irrigated.
a.
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from adjacent property. The standard buffer shall consist of a landscaped
strip at least eight feet wide outside the perimeter of the compound.
The landscaping buffer shall include native, indigenous species, including,
but not limited to evergreens, planted at intervals that provide effective,
year-round screening.
b.
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large wooded lots, the Planning Commission
may conclude that natural growth around the property perimeter may
be a sufficient buffer.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]
All utility buildings and structures accessory to a tower or
an antenna shall comply with all other requirements of this article,
shall be architecturally designed to blend in with the surrounding
environment and shall meet the minimum setback requirements of the
zoning district where the tower or antenna is located. Ground-mounted
equipment shall be screened from view by suitable vegetation, except
where a design of nonvegetative screening better reflects and complements
the architectural character of the surrounding neighborhood.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]
Notwithstanding anything to the contrary elsewhere in this article,
any antenna that is not operated or any tower that is not utilized
for an operating antenna for a continuous period of 24 months shall
be considered abandoned, and the owner of such antenna or tower shall
remove the same within 90 days of receipt of notice from the Township
notifying the owner of such abandonment. Failure to remove an abandoned
antenna or tower within the 90 days shall be grounds for the Township
to proceed under applicable state law to remove the tower or antenna
at the owner's expense. If there are two or more users of a single
tower, then this provision shall not become effective until all users
cease using the tower. The owner of each antenna and/or tower shall
submit to the Township in January of each year evidence satisfactory
to the Township that the antenna and/or tower is being currently operated
and utilized.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]
Notwithstanding any other provisions of this article to the
contrary, towers that are constructed and antennas that are installed
in accordance with this article shall not be deemed to be the expansion
of a nonconforming use or structure.