As used in this article, the following terms shall have the
meanings indicated:
ALTERNATIVE TOWER STRUCTURE
Clock towers, bell steeples, church spires, light poles,
elevator bulkheads 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 communications signals.
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 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.
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 of the ordinance adding this article, or any tower or
antenna for which no building and/or special use permit were 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
includes the structure and any support for the structure.
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.
A. Antennas or towers located on property owned, leased, or otherwise
controlled by the Village are permitted uses, provided a license or
lease authorizing such antenna or tower has been approved by the Village.
This provision shall not be interpreted to require the Village to
approve a license or a lease.
B. Antennas which are themselves not more than 30 feet in height and
located upon legally existing lattice electric transmission towers
are permitted uses.
C. The co-location of an antenna on an existing tower that does not
increase the tower height by more than 10 feet.
All utility buildings and structures accessory to a tower or
an antenna 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.
Notwithstanding anything to the contrary elsewhere in this chapter,
any antenna or tower that is not operated for a continuous period
of 12 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 Village notifying the owner of such abandonment. Failure
to remove an abandoned antenna or tower within the 90 days shall be
grounds for the Village to proceed under applicable State of Michigan
law to remove the tower or antenna at the owner's expense. If the
owner fails to promptly reimburse the Village for the expense, the
Village may add the cost of removal to the next tax statement sent
to the owner of the real property. 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.
Notwithstanding any other provisions of this chapter 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.