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1991-02-07
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Lakewood Ord. 77-82, sec. 1127.08
1127.08 WHEN NO PERMIT TO BE ISSUED
The building commisioner shall issue no building permit or Certificate
of Occupancy for any building structure, use, or change of use during
the period in which an ordinance or other measure, which would forbid
the action authorized under such permit, is pending before Council
or has been formally recommended to Council by the City Planning
Commission or is subject to referendum or referendum is pending
thereon. However, no permit shall be withheld for more than one
hundred eighty days (180) after acceptance of application therefore,
due to such ordinance or measure still pending before but not yet
passed by council at the end of such one hundred-eighty day period.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
I have heard that Council had its first reading in June/90, and second
on 9/4/90. So until they either finalize this new ordinance one way
or the other, or until six months are up from the time one applies for
a permit, they will not issue permission to any ham to put up any
antenna. So they are preventing certain operations as I see it.
I have been told that it is not yet on the docket in the near future.
So contact Lakewood City Hall for notification as to when this will
be addressed by City Council. Tony Gazzana is the one to query:
Councilman Ward 1
Anthony Gazzana
1477 West Clifton Blvd.
Lakewood, OH 44107
226-4797 781-8404
Now I will include the present and proposed ordinances.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
(Lakewood City Council - 2nd reading 9-4-90)
REFFERRED TO THE PLANNING COMMISSION AND
PLANNING & ZONING COMMITTEE
BY:
ORDINANCE NO. 53-90
AN ORDINANCE to amend Section 1119.12 of the Zoning Code of
the Codified Ordinances of the City of Lakewood relating to the
installation and construction of antennas.
WHEREAS, this ordinance constitutes a measure providing for
the preservation of the health, safety, and general welfare of the
public and for the usual daily operation of a municipal department;
now therefore,
BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO:
SECTION 1. That Section 1119.12 of the Zoning Code of the
Codified Ordinances of the City of Lakewood now reading as follows:
1119.12 TRANSMITTING-RECEIVING AND RECEIVING
ANTENNAS.
All transmitting-receiving and receiving antennas
shall be erected in accordance with the following
standards and conditions:
(a) Television antennas shall not have a height
greather than ten feet above the ridge line of the
roof of a residintial structure on which they are
mounted;
(b) Omnidirectional and directional antennas, other
than television antennas, shall not be greater in
height than 20 feet above the the ridge line of a
residential structure on which they are mounted;
(c) No part of a rotatable antenna shall be erected
so that when it is rotated 360 degrees its elements
will come within one foot of a property line,
extended vertically;
(d) Antennas on towers or ground-mounted antennas
may be permitted by the Board of Zoning Code Appeals
provided that the conditions hereinafter set forth
are met:
(1) Such antennas shall be permitted only in the
rear yard;
(2) The applicant for the permit for the erection
of such antennas shall file an application
with the Building Department, which
application shall include drawings and
published specifications of the manufacturer
to establish the the [sic] tower on the
proper foundation will withstand a wind load
of 85 miles per hour when erected north of
the center line of Lake Ave. In all other
locations the wind load shall not be less
than 70 miles per hour.
(3) No antenna on a tower or a ground-mounted
antenna shall exceed fifty-five (55) feet in
height above the grade of the lot.
(4) All abutting property owners shall be
notified of applications for ground-mounted
antennas.
(5) In considering a request under this section,
the Board of Zoning Appeals may prescribe
such conditions and safeguards as it deems
necessary, desirable or appropriate.
(e) No antenna, other than television antennas,
shall be erected without a permit issued by the
Building Department.
shall be and the same is hereby amended to read as follows:
1119.12 ANTENNAS
(a) Definitions. As used in this section
"antenna" means a device designed to transmit or
receive electromagnetic waves to or from any source
whatsoever and any components thereof, including
but not limited to amateur radio antennas,
television antennas, CB antennas, satellite signal
receiving antennas, and microwave antennas.
(b) Purpose and intent.
(1) It is the intent of the City to enact a
comprehensive antenna ordinance which does
not differentiate between types of antennas.
This ordinance is also intended to comply
with all Federal Communications Commision
regulations. The City intends to regulate
antennas for the health, safety, and aesthetic
objectives of the community as set forth
herein;
(2) Health objectives: antennas shall be
regulated to minimise any possible danger to
residents from radio frequency interferance,
radiation from transmission antennas, and
exposure to electrical currents;
(3) Safety objectives: due to the large
size, height, and wind surface exposure of
many antennas, the City intends to regulate
antennas to ensure the safety of persons and
property. Antennas shall comply with the
construction specifications provided by this
ordinance, the Building Code and the
manufacturer's specifications;
(4) Aesthetic objectives: the City is aware
of the aesthetic problems created by the
construction and installation of large and
unsightly antennas. The City intends to
regulate the construction and placement of
antennas so as to preserve the shared
aesthetic values of the community and to
minimise the visual impact of such antennas.
(c) Height and Diameter.
(a) No antenna shall be higher than 40 feet
above the grade of the lot or 10 feet above
the ridge line of a roof, when mounted upon
the main structure;
(b) No antenna shall be greater than 6 (six)
feet in diameter.
(d) Location and Construction.
(a) No antenna shall be constructed in the
front or side yard;
(b) All side and rear yard requirements as
established by the Zoning Code where the
antenna is located shall be complied with;
(c) No antenna shall be erected so that if
rotated 360 degrees its elements shall come
within one foot of a property line, extended
vertically;
(d) When mounted upon the roof of the main
structure, the antenna shall be mounted
behind the highest roofline;
(e) All antennas shall be constructed and
installed so as to withstand a wind force of
100 miles per hour;
(f) All structural supports shall be of
noncorrosive metal;
(g) If guy wires are used, they shall be
sufficiently visible to prevent accident or
injury to any person;
(h) Any driving motor shall be limited to
100 volt maximum power design, be encased in
protective guards, and shall be installed in
compliance with the National Electrical Code;
(i) An antenna shall be bonded to an
electrical bonding rod as specified in the
National Electrical Code;
(j) All wiring that runs across the ground
from the antenna to the receiver shall be
placed at least six inches beneath the
surface of the ground within rigid couduit
and shall comply with all requirements of the
National Electrical Code.
(k) Any antenna that is anchored in the
ground shall be substantially screened by
evergreen trees or shrubbery at least six (6)
feet in height.
(e) Permit Required. No person, firm,
corporation, trust or other legal entity shall
construct, assemble or erect an antenna greater
than three feet in height or three feet in diameter
without a permit as issued in accordance with
Section.
(f) Application for Permit Fee.
(a) The owner, or occupent and/or contractor
with written permission from the owner of any
lot, premises, or parcel of land within the
City who desires to construct, assemble, or
errect an antenna on such lot, premises or
land parcel shall first obtain a permit to do
so;
(b) The Building Commissioner shall issue a
permit, provided the applicant submits a
written application upon forms provided and
approved by the Building Commissioner, along
with a plot plan of the lot, premises, or land
parcel attached, showing the exact location
and dimensions of the proposed antenna; a
description of the kind of antenna proposed,
the exact location and dimensions of all
buildings or structures; the name, address,
and telephone number of the owner and the
installer, if any, who is installing the
antenna; a written statement signed by the
installer which acknowledges that the person
has reviewed the requirements of this
ordinance and that the antenna shall be
installed in accordance with this ordinance;
(c) The applicant shall submit with each
application a permit fee in the amount of
Twenty-five ($25.00) Dollars to cover the
costs of reviewing construction plans and
specifications, the processing of the
application and rough-in final inspections.
The application fee shall be in addition to
any and all other fees which may apply;
(d) The Building Commissioner shall notify,
by certified mail, owners of real property
ajoining the property upon which the
proposed antenna is to be erected ten (10)
days prior to issuing the permit. Owners of
ajacent property shall have seven (7) days
from the receipt of notification to file an
appeal with the Board of Zoning Appeals if
they have an objection to the antenna being
erected and proposed in the application. The
Board shall hear the appeal and determine
whether or not the decision of the Building
Commissioner is in conformity with the
provisions of this section sna may any other
applicable law.
(g) Permitted Use.
(a) No antenna shall be linked physically or
electronically to a receiver that is not
located on the same lot, premises, or parcel
of land as the antenna;
(b) No antenna shall be used for commercial
or business purposes in residential areas.
(h) License. The antenna owner shall possess any
license or permit required by any Federal, state or
local agency pertaining to the ownership,
construction or operation of an antenna;
(i) Advertising Color.
(a) No antenna shall contain any graphic
message or advertising;
(b) All antennas shall be constructed in
earth tones to blend with the surroundings.
(j) Appeals. The Board of Zoning Appeals may
grant a variance pursuant to the proceedures of
Section 1127.11 for an antenna that does not comply
with the ordinance, provided that the applicant
demonstrates that the antenna, if lawfully
installed according to this section, will be
entirely inoperable for any useful purpose for
reasons of "line of sight" or other technical
reasons. The Board shall be required to find in
accordance with this provision and Section
1127.11(3) in order to grant any such variances.
Section 2. It is found and determined that all formal
actions of this Council concerning and relating to the passage
of this ordinance were adopted in an open meeting of this
Council, and that all such deliberations of this Council and
of any of its committees that resulted in such formal action
were in meetings open to the public in compliance with all
legal requirements.
Adopted:_____________________ ___________________________
PRESIDENT
___________________________
CLERK
Approved:____________________ ___________________________
MAYOR
