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Ada Township City Zoning Code

ARTICLE XXVI

SATELLITE DISH ANTENNAS14


Footnotes:
--- (14) ---

Cross reference— Telecommunications, ch. 62.


Sec. 78-671.- Conformance with article.

No satellite dish antenna shall be constructed, installed, maintained or operated in the township except in conformance with this article.

(Ord. No. O-042682-1, § 3.50, 4-26-1982; Ord. No. O-061383-1, 6-13-1983)

Sec. 78-672. - Commercial and industrial districts.

(a)

No satellite dish antenna shall be constructed, installed, maintained or operated in C-1, C-2, I or PO zoning district except in conformance with subsection (b) of this section and the following requirements:

(1)

The satellite dish antenna shall be located in the rear or side yard. If the satellite's reception window is obstructed in the rear or side yard, such antenna may be placed on the roof, provided it meets all other applicable requirements of this article.

(2)

The satellite dish antenna shall be located at least 15 feet from the rear lot line.

(3)

The satellite dish antenna shall be located a distance from the side lot line equal to or greater than one-half of the width of the minimum required side yard.

(4)

The satellite dish antenna, including any platform or structure upon which the antenna is mounted, shall conform to the building height regulations for the zoning district in which the antenna is located.

(5)

The satellite dish shall be permanently attached to a foundation, if located on the ground. If it is roof-mounted, evidence shall be provided by a registered architect or engineer that the installation complies with the applicable BOCA code and the building's support structure can withstand the load distribution.

(6)

The satellite dish antenna, any equipment or devices used in conjunction with the antenna for the transmission of signals, and the construction, installation, maintenance and operation thereof, shall comply with all applicable laws, statutes, codes, ordinances, rules and regulations.

(7)

No part of the satellite dish antenna shall exhibit any name, message, symbol, graphic representation, or other writing visible from adjoining properties.

(b)

Application.

(1)

No satellite dish antenna shall be constructed, installed, maintained or operated in C-1, C-2, I, or PO zoning district unless an application therefor has been approved by the planning commission in accordance with the procedures in subsection (b)(2) of this section and a building permit has thereafter been issued for the satellite dish antenna.

(2)

An application for permission to construct, install, maintain or operate a satellite dish antenna shall be submitted and reviewed in accordance with the following procedures:

a.

Submission. Application for permission to construct, install, maintain or operate a satellite dish antenna shall be submitted to the building inspector. The building inspector shall review the application and, if complete, transmit it to the planning commission. Each application shall be accompanied by a fee in accordance with the schedule of fees adopted by resolution of the township board to cover the costs of processing the application. No part of the fee shall be refundable.

b.

Required information. An application shall be accompanied by the following documents and information:

1.

Legal description of the property.

2.

A site plan showing the proposed location of the satellite dish antenna, the foundation to which the satellite dish antenna will be attached, the buildings on the lot or premises on which the satellite dish antenna is to be constructed or installed, and all adjoining properties, including buildings thereon.

3.

A diagram showing the dimensions of the satellite dish antenna, including any platform or structure upon which the antenna would be mounted and any equipment or devices to be used in conjunction with the antenna for the transmission of signals.

4.

A statement regarding compliance with the requirements of subsection (a)(1)—(7) of this section and the criteria for approval in subsection (b)(2)d. of this section.

c.

Public hearing. Upon receipt of a completed application, the planning commission shall call and serve notice of a public hearing for the purpose of receiving comments relative to the proposed satellite dish antenna. The notice shall be given in the same manner as the notice required by section 78-492.

d.

Criteria for approval. Prior to approval of an application for permission to construct, install, maintain or operate a satellite dish antenna, the planning commission shall review the particular circumstances of the proposed satellite dish antenna and shall approve the application therefor only upon a finding of compliance with the requirements in subsections (a)(1)—(7) of this section and a finding that the satellite dish antenna will not have a substantial detrimental impact on adjoining properties and the surrounding area and will not otherwise be contrary to public safety, health or welfare.

e.

Approval. Following its review of the application, comments received at the public hearing, the site plan and other materials submitted in relation to the application, the planning commission may deny or approve the application, or approve the application with conditions, in accordance with the criteria for approval stated in subsection (b)(2)d. of this section. Upon approval or approval with conditions, the applicant may apply for a building permit.

f.

Conditions. The planning commission may impose conditions on the approval of an application relating to location, size, elevation, color, screening, landscaping, fencing, or other matters having impact on adjoining properties. Such conditions shall be considered an integral part of the approval. Failure to comply with any conditions imposed shall automatically terminate the approval.

g.

Expiration. Approval of an application for permission to construct, install, maintain or operate a satellite dish antenna pursuant to this section shall expire one year from the date of approval unless the authorized construction or installation has commenced prior to such expiration, provided, however, that the planning commission may approve the extension of such time period for up to one additional year.

(Ord. No. O-042682-1, § 3.51, 4-26-1982; Ord. No. O-061383-1, 6-13-1983; Ord. No. O-060887-1, 6-8-1987)

Sec. 78-673. - Residential and agricultural districts.

(a)

No satellite dish antenna shall be constructed, installed, maintained or located in AGP, RP-1, RP-2, VR, RR, R-1, R-2, R-3, or R-4 zoning district except in conformance with subsection (b) of this section and the following requirements:

(1)

The satellite dish antenna shall not be capable of transmitting communication signals.

(2)

The satellite dish antenna shall be located in the rear yard. If the satellite's reception window is obstructed in the rear yard, such antenna may be placed in a side yard.

(3)

The satellite dish antenna shall be located at least ten feet from all lot lines.

(4)

The height of the satellite dish antenna, including any platform or structure upon which the antenna is mounted, shall not exceed 15 feet.

(5)

The satellite dish antenna shall be screened from view at ground level from any adjacent lot or street. The screening shall be provided by any combination of the following, as approved by the building inspector:

a.

Existing buildings on the lot where the satellite dish is located.

b.

Evergreen landscaping.

c.

Opaque fence or wall.

(6)

The satellite dish antenna shall be permanently attached to a foundation.

(7)

The satellite dish antenna shall be white or any unobtrusive color approved by the building inspector.

(8)

The satellite dish antenna and the construction, installation, maintenance and operation thereof shall comply with all applicable laws, statutes, codes, ordinances, rules and regulations.

(b)

No satellite dish antenna shall be constructed, installed, maintained or operated in an AGP, RP-1, RP-2, VR, RR, R-1, R-2, R-3, or R-4 district unless a building permit therefor has been issued in accordance with the procedures in subsection (c) of this section.

(c)

Prior to issuance of a building permit to construct, install, maintain, or operate a satellite dish antenna, an application therefor and a site plan, showing the proposed location of the satellite dish antenna, the foundation to which the satellite dish antenna will be permanently attached, the height, density and location of required screening, and the dimensions of the satellite dish antenna, including any platform or structure upon which the antenna will be mounted. Each application shall be accompanied by a fee in accordance with the schedule of fees adopted by resolution of the township board to cover the costs of processing the application. No part of the fee shall be refundable. The building inspector shall review the application and the site plan and shall issue a building permit for the satellite dish antenna only upon finding that the satellite dish antenna conforms to the requirements of subsection (a)(1)—(8) of this section.

(Ord. No. O-042682-1, § 3.52, 4-26-1982; Ord. No. O-061383-1, 6-13-1983; Ord. No. O-060887-1, 6-8-1987; Ord. No. O-021710-1, §§ 22, 23, 2-17-2010)