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Fairlawn City Zoning Code

CHAPTER 1292

Antennas

1292.01 DISH ANTENNA DEFINED.

   (a)   For purposes of this Chapter, “dish antenna” means any antenna or receiver earth station designed, constructed or modified to bring in or receive satellite television signals with its longest dimension greater than thirty-six (36) inches.
(Ord. 2010-059. Passed 3-7-11.)

1292.02 WHIP ANTENNA DEFINED.

   (a)   For the purpose of this Chapter, “whip antenna” means any single or multiple whip or rod antennas supported by a base, on or attached to a building used for local mobile communications.
(Ord. 2010-059. Passed 3-7-11.)

1292.03 APPROVAL REQUIRED.

   (a)   No person shall erect a dish or whip antenna in the City without first obtaining an approval therefore in accordance with this Chapter.
(Ord. 2010-059. Passed 3-7-11.)

1292.04 APPLICATION, APPROVAL; PLANS AND SPECIFICATIONS.

   (a)   The owner, part owner, lessee or occupant of any lot, premises or parcel of land in the City who desires to construct or erect a dish or whip antenna at any location in the City shall apply to the Zoning Administrator for approval.
   (b)   The Zoning Administrator shall approve if:
      (1)   The applicant submits a written application upon forms furnished by the City with a plot plan of the lot, premises or parcel attached thereto, showing the exact location of the proposed dish or whip antenna. The applicant shall also submit a description of the kind of dish or whip antenna and plans and specifications showing elevations, where the dish or whip antenna is to be erected, and the antenna itself, with sufficient details to show the method of assembly and construction. The plans and specifications shall give the address of the work, the name and address of the owner of the property and the name and address of the person who prepared the plans and specifications. Each application shall indicate the owner of the premises, the occupant of the premises and the contractor or other person to be permitted to construct or erect the proposed dish or whip antenna.
      (2)   The applicant meets all of the requirements of this Chapter.
(Ord. 2010-059. Passed 3-7-11.)

1292.05 GROUND-MOUNTED DISH ANTENNA STATIONS.

   (a)   Ground-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
      (1)   Such stations or antennas shall be located in the rear yard and behind the principal dwelling or structure located on the lot.
      (2)   Such stations or antennas shall be so located that, however turned or otherwise used, all parts of the station or antenna will be set back at least ten (10) feet from the inner side yard lines, and shall be set back from the rear lot line not less than ten (10) feet or one- half (1/2) the depth of the rear yard, whichever is greater.
      (3)   The plans submitted in accordance with this Chapter shall specify appropriate landscaping, so as to reasonably conceal the dish from view, and the same shall not be installed before approval by the Zoning Administrator.
      (4)   Such stations or antennas shall reasonably blend with the surrounding landscape.
      (5)   Such stations or antennas shall not be linked to receivers which are not located on the same lot as the station or antenna.
      (6)   The diameter of any ground-mounted dish station or antenna shall not exceed twelve (12) feet.
      (7)   The height of any ground-mounted dish station or antenna shall not exceed fifteen (15) feet from the natural grade level.
(Ord. 2010-059. Passed 3-7-11.)

1292.06 ROOF-MOUNTED DISH ANTENNA STATIONS.

   (a)   Roof-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
      (1)   Such a station or antenna shall be mounted directly on the flat roof (no slopes) of a primary or accessory structure and shall not be mounted on a appurtenance, such as a chimney, tower or spire.
      (2)   The diameter of any dish station or antenna mounted upon the roof of a primary accessory structure shall not exceed six (6) feet.
      (3)   Such a station or antenna shall not exceed a height greater than eight (8) feet above the roof on which it is mounted. The height shall be measured vertically from the point at which such station or antenna is mounted on the roof.
      (4)   Such a station or antenna shall reasonably blend with the surrounding landscape and shall be properly screened as determined by the Zoning Administrator.
      (5)   A building permit and a zoning certificate issued by the Zoning Administrator shall be required for such a station or antenna.
      (6)   Such a station or antenna shall be permitted on commercial buildings only.
      (7)   There shall be a required setback from the parapet wall. The setback formula shall be determined by the Zoning Administrator.
      (8)   The installation of such a station or antenna shall be inspected by the Zoning Administrator and the authority having jurisdiction.
(Ord. 2010-059. Passed 3-7-11.)

1292.07 PORTABLE DISH ANTENNA STATIONS.

   (a)   No portable dish station or antenna of any make and/or variety shall be used in the Municipality, except as otherwise authorized by the Zoning Administrator.
(Ord. 2010-059. Passed 3-7-11.)

1292.08 ROOF-MOUNTED WHIP ANTENNA.

   (a)   “Whip” type or collinear antennas for land-based mobile broadcasting and receiving business communications, shall be allowed provided that the antennas are accessory to the principal use of tenants or occupants of the same building who lease or use not less than four hundred (400) square feet of space in the building, and subject to the following conditions:
      (1)   An antenna and its support structure are permitted only on a roof and shall not be attached to the exterior facing of the building or the coping wall.
      (2)   An antenna shall not be closer than fifty (50) feet from another antenna, and there shall be not more than one (1) antenna for each two thousand five hundred (2,500) square feet of roof area of the building.
      (3)   An antenna shall not be higher than twenty-eight (28) feet above the roof of a building in a B-4 District and not higher than twenty (20) feet above the roof in other business districts, including the supporting structure, but an antenna shall not be located on an accessory building.
      (4)   An antenna and the antenna structure shall be not closer than ten (10) feet from the coping wall or exterior wall facing and shall be designed to withstand winds of one hundred twenty-five (125) miles per hour.
      (5)   The support of an antenna shall not be higher than four (4) feet above the roof and the diameter of the antenna shall not exceed two (2) inches, excluding any ground plane radials (supports). No person shall install or maintain an antenna for receiving and broadcasting without first having obtained approval from the Zoning Administrator.
(Ord. 2010-059. Passed 3-7-11.)

1292.09 VIOLATIONS.

   (a)   The owner of any lot or parcel where the construction or erection of a dish or whip antenna or similar structure, in violation of any of the provisions of this Chapter occurs, and any architect, builder, contractor or occupant who assists in the commission of any such violation, and any person who violates or fails to comply with any of the provisions of this Chapter, shall, for each violation or noncompliance, be punished as provided by Section 1236.99. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2010-059. Passed 3-7-11.)