§ 10.601. Area, height and use exceptions.

The following regulations of this Ordinance shall be subject to the following interpretations and exceptions:

(1)

Essential services. Essential services shall be permitted as authorized and regulated by law and other ordinances of the City of Madison Heights; it being the intention hereof to exempt such essential services from the application of this Ordinance.

(2)

Voting place. The provisions of this Ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other election.

(3)

Height limit. The height limitations of this Ordinance shall not apply to farm buildings, chimneys, church spires, flag poles or public monuments; provided, however, that the board of appeals may specify a height limit for any such structure when such structure requires authorization as a use permitted on special approval.

(4)

Residential yard fences. Fences or walls in residential districts may be constructed within a required rear or side yard, e.g., along the property line.

(5)

Lots adjoining alleys. In calculating the area of a lot that adjoins an alley or lane, for the purpose of applying lot area requirements of this Ordinance, one-half the width of such alley abutting the lot shall be considered as part of such lot.

(6)

Yard regulations. When yard regulations cannot reasonably be complied with, as in the case of a planned development in the multiple-family district, or where their application cannot be determined on lots existing and of record at the time this Ordinance became effective, and on lots of peculiar shape, topography, or due to architectural or site arrangement, such regulations may be modified or determined by the board of appeals.

(7)

Multiple dwelling side yard. For the purpose of side yard regulations, a two-family, a terrace, a row house, or a multiple dwelling shall be considered as one building occupying one lot.

(8)

Porches, terraces and barrier free access. A roofed, or un-roofed, open porch (i.e., one which is not enclosed by walls), or paved terrace may project into a required front yard setback for a distance not to exceed six feet. Ramps for access by handicapped persons, which provide a direct route from the ground to a porch, may encroach into the front yard setback in a residential district to the extent necessary to provide reasonable access as determined by the building official.

(9)

Projections into required yards. Architectural features such as, but not limited to, window sills, cornices, eaves, bay windows and fireplaces, may extend or project into a required side yard not more than two inches for each one foot of width of the required side yard; and may extend or project into a required front yard or rear yard not more than three feet. The total width of the projection(s) shall not exceed 25 percent of the total width of that side of the structure. Architectural features shall not include those details which are removable. Accessory items such as, but not limited to, air conditioners and stand-by generators may not occupy a required front or side yard.

(10)

Antennas:

(A)

(1)

Types of antennas to be regulated. The following antennas, as well as those antennas not specified below but hereafter classified by the building inspector, are hereby regulated as grouped into three general wind surface area categories:

Category 1. Radio antennas, television antennas and antenna towers, such as amateur radio antennas for ham/short-wave operations, and fixed-station antennas for business-band radio, citizens band radio, general mobile radio service and two-way radio;

Category 2. Dish antennas, such as satellite television antennas, also known as satellite dishes, earth stations, television receive-only (TVRO) antennas, earth terminals, and earth terminal antennas; other parabolic dish antennas and parabolic reflectors;

Category 3. Antenna towers, poles, and related buildings and facilities not exceeding 75 feet from established grade, customarily though not necessarily housing multiple antennas, such as radio broadcasting towers, television broadcasting towers, microwave antenna towers, studio-to-antenna links, except as exempted for government use as provided by local ordinance, state or federal law.

Equipment which falls into Category 3 may be permitted in M-1 and M-2 districts only after obtaining prior special approval by the city council and any necessary variances from the zoning board of appeals.

Category 4. Wireless cellular and Personal Communications Service (PCS) antenna towers and related building and facilities.

Equipment which falls into Category 4 may be permitted in M-1 and M-2 districts only after obtaining special approval by the city council subject to other conditions which the city council determines are necessary to provide adequate protection to the neighborhood and abutting properties and upon confirmation by the community development department that the equipment and related buildings and facilities would be in compliance with the following conditions:

(a)

Except as otherwise provided in this section, telecommunications towers and related buildings and facilities shall meet the area, bulk, height and setback requirements of the zoning district in which they are located. Except as otherwise provided in this section, telecommunications towers may not be permitted within 500 feet of a residential use.

(b)

Telecommunications towers and related buildings and facilities shall be surrounded by a six-foot cyclone fence to prevent unauthorized access and vandalism.

(c)

The site shall comply with all applicable city standards, including, but not limited to drainage, lighting, landscaping, and general safety.

(d)

Telecommunication towers and related buildings and facilities shall be designed and constructed to blend into the surrounding environment to the maximum extent feasible.

(e)

Telecommunication towers shall be of monopole design unless satisfactory evidence is submitted to the city that a tower of other design is required to provide the height or capacity necessary for the proposed telecommunications use.

(f)

Telecommunication towers shall be designed and operated to prevent broadcast interference with any equipment located on nearby properties.

(g)

Lighting associates with telecommunication towers shall comply with all applicable FAA regulations. Where tower lighting is required, it shall be shielded or directed to the maximum extent possible to minimize the amount of light that falls onto nearby properties.

(h)

A 20-foot access drive constructed of material approved by the city shall be provided and maintained in good condition to provide access for service and emergency vehicles.

(i)

The site shall be designed to maintain and enhance existing vegetation. The tower and related buildings and facilities shall be landscaped to minimize the visual impact of the telecommunications tower and related facilities on nearby properties.

(j)

All telecommunications towers and related buildings and facilities shall be designed to minimize the visual impact to the greatest extent feasible, considering technological advancements by means of placement, screening and camouflage, to be compatible with existing architectural elements and building materials, and other site characteristics. Colors and materials shall be selected to minimize visual impact.

(k)

No height variance shall be required for a telecommunication tower reviewed and approved by the city council as a special use is the height does not exceed 75 feet.

(l)

Notwithstanding any other provision of the City Code, new or additional wireless cellular PCS antennas may be installed on any existing building, structure or telecommunications tower without special approval. A telecommunications tower and related buildings and facilities may be permitted as an accessory use to a principally permitted use on publicly owned property if the telecommunications tower is available for use by the city. No height variances shall be required for a telecommunication tower on publicly owned property if the tower is available for use by the city and is designed, engineered and constructed for two or more wireless cellular or PCS antenna arrays and the tower does not exceed 200 feet in height. All wireless cellular or PCS antennas shall be in compliance with all other applicable codes and ordinances.

(m)

The city shall receive compensation for use of land for all wireless cellular or PCS antenna on city property. A negotiated agreement concerning compensation and other terms shall be presented to city council.

(2)

Exception. Television antennas not exceeding 28 square feet in area, customarily though not exclusively erected for residential use, such as microwave-receiving antennas, and dipole rod and mast VHF-UHF antennas, i.e., conventional television antennas;

(B)

Building permit:

(1)

[ Types of antennas for which permits required.] A building permit shall be secured for:

(a)

All antennas and antenna towers the height of which exceed 12 feet when ground-mounted or roof-mounted.

(b)

All dish antennas which exceed two feet in diameter or four square feet in area.

(2)

Exception. Antennas which do not exceed four square feet in area or two feet in dish diameter and which do not exceed 12 feet in height may be erected and maintained in the rear yard and on the roof of any building without a building permit.

(3)

Permit application. Applications for a building permit to erect an antenna or antenna tower shall be submitted to the building inspector, who shall determine whether the proposed antenna or antenna tower complies with the requirements of this Ordinance [subsection (10)]. Applicants denied a building permit shall have the right to appeal such denial to the zoning board of appeals pursuant to section 10.803 of the Madison Heights Zoning Ordinance. Application forms shall indicate at least the following:

(a)

The category and type of antenna, as listed in subsection (10)(A)(1);

(b)

The proposed location of the installation on the property;

(c)

Dimensions, shape and sketch of the antenna or antenna tower;

(d)

Total height of the proposed installation measured from the ground or roof to the upper-most element of the antenna or antenna tower;

(e)

The number and type of all other existing antennas and antenna towers on the same property;

(f)

Applicable UL listings and approvals; and

(g)

Category 1 applicants who intend to erect an amateur radio antenna or antenna tower, in excess of 25 feet, for ham/short-wave operations shall demonstrate proof of current, valid Federal Communications Commission (FCC) certification/licensure for such operations.

(C)

Size restrictions:

(1)

Height—Category 1 antennas. Category 1 antennas or antenna towers, as defined in subsection 10.601(10)(A)(1), shall not exceed 75 feet in height if ground-mounted or 25 feet in height if roof-mounted.

(2)

Diameter—Category 2 antennas. Category 2 antennas and antenna towers, as defined in subsection 10.610(10)(A)(1), shall not exceed six feet in diameter or 28 square feet in area.

(D)

Placement:

(1)

Rear yard only. Antennas and antenna towers shall not be located in any front yard or any side yard. Antennas and antenna towers shall only be located behind the principal structure. Roof-mounted category 2 antennas shall only be placed in the rear-half of the roof. On a corner lot, any such accessory structures shall not occupy any of the side yard abutting upon a street. Guy wires or other structural supports shall be no closer than three feet relative to any right-of-way, adjoining property, easement or yard areas abutting a street.

(2)

Minimum distance from electrical conductors. Antennas and lead-in conductors from an antenna or antenna tower to a building shall not cross over open conductors of electric light or power circuits and shall be kept well away from all such circuits so as to avoid the possibility of accidental contract. Where proximity to open electric light or power service conductors of less than 250 volts between conductors can be avoided, the installation shall be such as to provide a clearance of not less than three feet. Self-supporting outdoor antennas shall be located away from overhead conductors of electric light and power circuits of over 150 volts to ground, so as to avoid the possibility of the antenna falling or making accidental contact with such circuits. Lead-in conductors shall be installed so that they cannot swing closer than ten feet to the conductors or circuits of over 250 volts between conductors.

(E)

Installation. All antennas and antenna towers regulated by this Ordinance [subsection (10)] shall, at a minimum, comply with the requirements of sections 621.3 through 621.5 of the 1990 BOCA Building Code, said sections adopted by reference herein, and with article 810 of the 1990 National Electrical Code (NEC), said article adopted by reference herein. Specifically, all antennas must meet the following minimum requirements:

(1)

Materials. Antennas and antenna towers shall be constructed of corrosion-resistant, noncombustible material.

(2)

Loads. Antennas and antenna towers shall be designed to resist wind loads; consideration shall be given to conditions involving wind load on ice-covered sections. Antennas shall be designed for dead load plus the ice load.

(3)

Uplift. Adequate foundations and anchorage shall be provided to resist twice the calculated wind uplift.

(4)

Grounding. All antennas and antenna towers shall be permanently and effectively grounded. At a minimum, the grounding shall comply with the provisions set forth in section 810-21 of the NEC, said section adopted by reference herein.

(F)

Penalty. Any person violating any of the provisions of this Ordinance [subsection (10)] shall be guilty of a misdemeanor, punishable by a fine in an amount not exceeding $500.00 or imprisonment for a term not exceeding 90 days, or both.

(Ord. No. 752, § 1, 8-26-85; Ord. No. 880, § 1, 7-8-91; Ord. No. 973, § 4, 7-27-98; Res. of 9-14-98; Ord. No. 1026, § 3, 4-14-03; Ord. No. 1049, § 1, 6-11-07; Ord. No. 1076, § 19, 10-12-10)