East Grand Rapids City Zoning Code
CHAPTER 52
REGULATION OF ANTENNAS
§ 5.221 ANTENNA DEFINED.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA. Any fixture or apparatus located outdoors which is designed or utilized to transmit or receive radio, microwave, television or similar waves, signals or electrical impulses. The term ANTENNA shall include, but shall not be limited to, television antennas, citizen band radio antennas, amateur radio antennas and satellite dishes.
(Prior Code, § 5.221) (Ord. effective 2-17-1995)
§ 5.222 EXEMPTION; DEFINITION OF WIDTH.
This chapter shall not apply to any satellite dish antenna which does not exceed one meter in diameter in a residential zone or two meters in diameter in a commercial zone. In addition, this chapter shall not apply to any antenna which does not exceed one meter in width and which does not exceed 60 inches (including the pole or post) in height, as measured from the ground or roof (if mounted on top of the roof) to the top of the antenna. Such antenna shall still be subject to applicable building codes (if any). For purposes of this chapter, the width of an antenna shall be measured at its widest diameter, dimension or girth, and for an antenna with several sides or appendages, shall be measured from tip to tip. The width of an antenna shall not include the supporting pole or post.
(Prior Code, § 5.222) (Ord. effective 2-17-1995; Ord. effective 9-27-1996)
§ 5.223 PERMIT REQUIRED.
§ 5.224 REGULATIONS.
In order to protect the public health and safety and to minimize the visual impact of antennas, the city adopts the following regulations regulating antennas. Antennas are permitted in all zoning districts subject to the following requirements.
(A) The antenna shall be permanently secured to a stable foundation.
(B) No portion of the antenna shall conduct or display any advertising, message or other graphic representation other than the manufacturer’s name.
(C) A freestanding antenna or tower (i.e., not mounted on a roof) shall be located only in the rear yard or the side yard and shall not be closer to a property line than its height or the depth of the required rear or side yard setback, whichever is the greater.
(D) All antennas must be grounded to protect against damage from lightning.
(E) In determining whether to issue an antenna permit, the City Services Department shall apply the following standards.
(1) The antenna shall be installed and placed so as not to constitute a safety hazard due to wind or storm.
(2) The antenna shall not block areas which will hamper firefighting equipment.
(3) The antenna shall be placed so as not to be too close to electrical lines or tree limbs.
(4) The antenna shall not be located or placed as to have a serious adverse impact or effect on adjacent or nearby properties or land uses.
(5) A commercial or public antenna, including accessory buildings or structures, shall comply with the use regulations of the zoning district where it is located and shall be fully enclosed by a sturdy fence, securely gated, having such height as is reasonably determined by the City Services Department.
(6) The antenna and the construction, installation, maintenance and operation thereof shall comply with all federal, state and local laws, ordinances and regulations.
(F) (1) The City Services Department, in its reasonable discretion, may impose other terms and conditions regulating the construction, installation, use and maintenance of antennas. Such other terms and conditions may include, though need not be limited to, the following:
(a) The screening or buffering of an antenna or tower and any accessory buildings or structures thereof;
(b) The timely removal of unused or unsafe antennas or towers or accessory buildings or structures thereof;
(c) For commercial or public antennas, the prohibition on the construction of occupancy of dwellings or other buildings or the construction and use of other structures within a specified isolation distance from an antenna or tower; and
(d) If an antenna tower is involved, shields, fences, removal of ladders or other safety precautions can be required to prevent unauthorized persons from climbing the tower.
(2) Notwithstanding the above, no condition shall be imposed which would hinder the ability of the antenna to receive or send signals.
(G) An applicant for an antenna permit can appeal a decision of the City Services Department to the City Commission pursuant to § 5.226 of this chapter.
(Prior Code, § 5.224) (Ord. effective 2-17-1995; Ord. effective 9-27-1996)
§ 5.225 AMATEUR (HAM) RADIO ANTENNAS.
(A) For purposes of this chapter, an AMATEUR RADIO ANTENNA shall be defined as an antenna operated for the purpose of receiving or transmitting communications by a radio station as described in of 47 U.S.C. § 153 and which is operated under license issued by the Federal Communications Commission (FCC). Amateur radio antennas shall not be subject to the requirements of this chapter, except as follows. No outdoor amateur radio antenna shall be installed until and unless an amateur radio antenna permit has been issued by the City Services Department. Amateur radio antenna permits are not transferrable and shall automatically expire when the person issued the permit no longer owns the property involved or that person’s license from the FCC is no longer valid. The City Services Department shall not issue an amateur radio antenna permit until the applicant has presented proof of a current FCC license and the following requirements are met.
(1) If the antenna is to be installed in a rear yard, side yard or on the roof, the permit shall be issued upon presentment of the FCC license to the City Services Department.
(2) No permit shall be issued for the installation of an antenna in the front yard unless the requirements of § 5.224 of this chapter have been met.
(B) If the effect of any of the requirements of division (A)(2) above will be to preclude or prevent the operation of an amateur radio antenna, the antenna shall not be subject to those provisions which precludes or prevents such operation and the City Services Department shall issue the amateur radio antenna permit.
(Prior Code, § 5.225) (Ord. effective 2-17-1995)
§ 5.226 APPEAL; REASONABLE ACCOMMODATION.
Where the effect of any of the provisions of this chapter would be to prevent or preclude the effective operation of an antenna (including the ability to send or receive signals where applicable), such antenna may be approved by the City Commission if it is reasonably demonstrated that the effect of the application of any of the provisions of this chapter would be to preclude or prevent the operation of such antenna. In granting approval for an antenna, the City Commission may impose reasonable conditions upon such approval, but such conditions shall not interfere with the reasonable use of the antenna and such conditions, if any, shall be no more than the minimum practicable regulations necessary to accomplish the city’s legitimate purposes in regulating such antennas.
(Prior Code, § 5.226) (Ord. effective 2-17-1995)
§ 5.227 PERMIT FEES.
The City Commission may establish the fees for permits hereunder from time to time by resolution. The City Commission need not require a permit fee.
(Prior Code, § 5.227) (Ord. effective 2-17-1995)