Text Box 3, Textbox BUCHANAN CHARTER TOWNSHIP
ZONING ORDINANCE AMENDMENT
Ordinance #
AN ORDINANCE TO AMEND THE BUCHANAN TOWNSHIP ZONING ORDINANCE; CHAPTERs 2, zoning Definitions; 12, Commercial/service district; 18, general provisions; 21, sIGNAGE.
BUCHANAN TOWNSHIP HEREBY ORDAINS:
Section 1. Amendment to Chapter 2, Zoning Definitions. Section 2.02, Definitions W., add:
WIRELESS COMMUNICATION TOWERS, COMMERCIAL: A structure of lattice or monopole framework to which an antenna may be attached for the transmission and /or reception of radio, television, satellite or microwave signals that facilitates wireless communications including cellular, enhanced specialized mobile radio (ESMR), personal communication, or similar services, along with associated equipment necessary to operate these facilities.
WIRELESS COMMUNICATION ANTENNA, FIXED WIRELESS SIGNALS: Any commercial non-broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. Examples include wireless signals used to provide telephone service or high-speed internet access to a fixed location. Applies to individuals who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners.
Section 2. Amendment to Chapter 4, AG AGRICULTURAL DISTRICT, Section 4.02, Uses Permitted by Right:
J. Wireless Communication Antenna, Fixed Wireless Signals.
K. Wireless communications Antenna when attached to a lawful existing telecommunications tower, water tower, or other structure, subject to overall height restrictions.
Section 3. Amendment to Chapter 4, AGRICULTURAL DISTRICT, Section 4.03, Permitted Uses by Special Use Permit, P. Wireless Communication Towers, Commercial.
Section 4. Amendment to Chapter 5, R-1 Low Density (Rural) Residential District, Section 5.02 Uses Permitted by Right:
F. Wireless Communication Antenna, Fixed Wireless Signals.
G. Wireless communications Antenna when attached to a lawful existing telecommunications tower, water tower, or other structure, subject to overall height restrictions.
Section 5. Amendment to Chapter 6, R-2 MEDIUM DENSITY (SUBURBAN) RESIDENTIAL DISTRICT, Section 6.02 Uses Permitted by Right:
E. Wireless Communication Antenna, Fixed Wireless Signals.
F. Wireless communications Antenna when attached to a lawful existing telecommunications tower, water tower, or other structure, subject to overall height restrictions.
Section 6. Amendment to Chapter 7, R-3 MULTIPLE FAMILY RESIDENTIAL DISTRICT, Section 7.02 Uses Permitted by Right:
E. Wireless Communication Antenna, Fixed Wireless Signals.
F. Wireless communications Antenna when attached to a lawful existing telecommunications tower, water tower, or other structure, subject to overall height restrictions.
Section 7. Amendment to Chapter 8, R-4L LAKEFRONT RESIDENTIAL DISTRICT and R-4R RIVERFRONT RESIDENTIAL DISTRICT, Section 8.02 Uses Permitted by Right:
F. Wireless Communication Antenna, Fixed Wireless Signals.
G. Wireless communications Antenna when attached to a lawful existing telecommunications tower, water tower, or other structure, subject to overall height restrictions.
Section 8. Amendment to Chapter 9, R-5 MANUFACTURED HOUSING COMMUNITY DISTRICT, Section 9.02 Uses Permitted by Right:
G. Wireless Communication Antenna, Fixed Wireless Signals.
H. Wireless communications Antenna when attached to a lawful existing telecommunications tower, water tower, or other structure, subject to overall height restrictions.
Section 9. Amendment to Chapter 10, RE RECREATIONAL DISTRICT, Section 10.02 Uses Permitted by Right:
B. Wireless Communication Antenna, Fixed Wireless Signals.
C. Wireless communications Antenna when attached to a lawful existing telecommunications tower, water tower, or other structure, subject to overall height restrictions.
Section 10. Amendment to Chapter 11, RS RURAL SALVAGE DISTRICT, Section 5.02 Uses Permitted by Right:
D. Wireless Communication Antenna, Fixed Wireless Signals.
E. Wireless communications Antenna when attached to a lawful existing telecommunications tower, water tower, or other structure, subject to overall height restrictions.
Section 11. Amendment of Chapter 11-1, MU MUNICIPAL DISTRICT, Section 11-1.02 Uses Permitted by Right:
E. Wireless Communication Antenna, Fixed Wireless Signals.
F. Wireless communications Antenna when attached to a lawful existing telecommunications tower, water tower, or other structure, subject to overall height restrictions.
Section 12. Amendment to Chapter 11-1, MU MUNICIPAL DISTRICT, Section 11-1.03, Permitted Uses by Special Use Permit, A. Wireless Communication Towers, Commercial.
Section 13. Amendment to Chapter 12, CS COMMERCIAL/SERVICE DISTRICT,
Section 13.02 Uses Permitted by Right:
J. Wireless Communication Antenna, Fixed Wireless Signals.
K. Wireless communications Antenna when attached to a lawful existing telecommunications tower, water tower, or other structure, subject to overall height restrictions.
Section 14. Amendment to Chapter 12, CS COMMERCIAL/SERVICE DISTRICT, Section 12.03, Permitted Uses by Special Use Permit, D. Wireless Communication Towers, Commercial.
Section 15. Amendment to Chapter 13, IND INDUSTRIAL DISTRICT,
Section 15.02 Uses Permitted by Right:
F. Wireless Communication Antenna, Fixed Wireless Signals.
G. Wireless communications Antenna when attached to a lawful existing telecommunications tower, water tower, or other structure, subject to overall height restrictions.
Section 15. Amendment to Chapter 13, IND INDUSTRIAL DISTRICT, Section 13.03, Permitted Uses by Special Use Permit, D. Wireless Communication Towers, Commercial.
Section 16. Amendment of Chapter 18, General Provisions. Section 18.39 WIRELESS COMMUNICATION TOWERS, COMMERCIAL.
These provisions shall not apply to towers located on existing buildings, or to an antenna located on existing structures.
Antennas for Commercial Wireless Telecommunications Services shall be required to locate on any existing or approved tower or suitable publicly- or privately-owned structure within a three (3) mile radius of the proposed tower unless one (1) or more of the following conditions exists:
The planned equipment would exceed the structural capacity of the existing or approved structure, tower or building, as documented by a qualified and registered professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
The planned equipment would cause interference materially affecting the usability of other existing or planned equipment at the structure, tower or building as documented by a qualified and registered professional engineer and the interference cannot be prevented at a reasonable cost.
Existing or approved structures, towers and buildings within a three (3) mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and registered professional engineer.
Other unforeseen reasons that make it infeasible to locate the planned equipment upon an existing structure, tower or building.
Any proposed tower for Commercial Wireless Telecommunication Services shall be designed, structurally, electrically, and in all other respects, to accommodate both the applicant’s equipment and comparable equipment for at least two (2) additional users. Towers must be designed to allow for future rearrangement of equipment upon the tower and to accept equipment mounted at varying heights. Adequate space shall be reserved on the site for ground-mounted equipment serving the additional users.
Communications towers shall be designed to blend into the surrounding environment through the use of color and architectural treatment, except in instances where color is dictated by other state or federal authorities. Towers shall be of a monopole design unless the Planning Commission determines that an alternative design would better blend into the surrounding environment.
The tower base shall be setback from all lot lines a minimum distance equal to one-half (½) the height of the tower. The tower height shall be measured from the grade at the base of the tower to the topmost element of the tower and all antennae.
Tower height shall be limited to three hundred (300) feet, including antenna.
The Planning Commission may require structures or equipment on the ground to be screened with landscaping, berms, walls, or a combination of these elements.
8. Communications towers shall not be illuminated unless required by other state or federal authorities. No signs or other advertising not related to safety or hazard warnings shall be permitted on any part of the tower or associated equipment or buildings.
9. A performance guarantee shall be provided for communication towers to ensure that if they are abandoned or unused the tower shall be removed, along with any associated structures or equipment, within twelve (12) months of the cessation of operations, unless a time extension is granted by the Zoning Administrator. One (1) three (3) month extension shall be permitted only if the Zoning Administrator finds that the owner or former operator of the facility is taking active steps to ensure its removal or reactivate its use.