A
bill to amend 2006 PA 110, entitled
"Michigan
zoning enabling act,"
(MCL
125.3101 to 125.3702) by adding section 205a.
THE
PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
205a. (1) A local unit of government shall not adopt an
ordinance
that precludes federally licensed amateur radio service
communications
or that does not comply with 47 CFR 97.15 and the
rules
and regulations of the federal communications commission.
(2)
A local unit of government shall not restrict antennas or
antenna
support structures of amateur radio operators to heights
below
90 feet, unless the restriction is shown by clear and
convincing
evidence to be necessary to achieve a defined health,
safety,
or aesthetic objective of the local unit of government. If
a
local unit of government adopts an ordinance that regulates the
placement,
screening, number, or height of a station antenna
structure,
based on health, safety, or aesthetic considerations,
the
ordinance shall do both of the following:
(a)
Reasonably accommodate federally licensed amateur radio
service
communications.
(b)
Constitute the minimum regulation practicable to carry out
the
legitimate purpose of the governing body.
(3)
This section does not apply to any district organized
pursuant
to federal, state, or local law for the purpose of
historic
preservation.
(4)
As used in this section:
(a)
"Amateur radio services" means:
(i) Amateur service, as defined in 47 CFR 97.3.
(ii) Amateur-satellite service, as defined in 47 CFR 97.3.
(iii) Radio amateur civil emergency service, as defined in 47
CFR
97.407.
(b)
"Amateur radio service communications" means
communications
carried out by 1 or more of the amateur radio
services.
(c)
"Amateur station" means a station in an amateur radio
service
consisting of the apparatus necessary for carrying on
radiocommunications.
(d)
"Station antenna structures" means the antennas that serve
a
federally licensed amateur station, including the appurtenances
and
other structures necessary to support, stabilize, raise, lower,
or
otherwise adjust the antennas. The station antenna structures
shall
not be construed to be permanent structures.
