11-17-1986 Planning Packet - Laserfiche WebLink

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J5-506 361I»9 *v Local Ordinances 3. Conflicts between amateur operators regarding radio antennas and local authorities regarding restrictive ordinances are common. The amateur operator Is governed by the regulations contained In Part 97 of our rules. Those rules do not limit the height of an amateur antenna but they require, for aviation safety reasons, that certain FAA notification and FCC approval procedures must be followed for antennas which exceed 200 feet In height above ground level or antennas which are to be erected near airports. Thus, under FCC rules some amateur antenna support structures require obstruction marking and lighting. On the other hand, local municipalities or governing bodies frequently enact regulations limiting antennas and their support structures In height and location, e.g. to side or rear yards, for health, safety or aesthetic considerations. These limiting regulations can result In conflict because the effectiveness of the communications that emanate from an amateur radio station are directly dependent upon the location and the height of the antenna. Amateur operators maintain that they are precluded from operating In certain bands allocated for their use If the height of their antennas Is limited by a local ordinance. 4. Examples of restrictive local ordinances were submitted by several amateur operators In this proceeding. Stanley J. CIchy, San Diego, California, noted that In San Diego amateur radio antennas come under a structures ruling which limits building heights to 30 feet. Thus, antennas there are also limited to 30 feet. Alexander Vrenlos, Mundelein, Illinois wrote that an ordinance of the Village of Mundelein provides that an antenna must be a distance from the property line that Is equal to one and one-half times Its height. In his case, he Is limited to an antenna tower for his amateur station Just over 53 feet In height. 5. John C. Chapman, an amateur living Bloomington, Minnesota, commented that he was not able to obtain a building permit to Install an amateur radio antenna exceeding 35 feet In height because the Bloomington city ordinance restricted "structures” heights to 35 feet. Mr, Chapman said that the ordinance, when written, undoubtedly applied to buildings but was now being applied to antennas In the absence of a specific ordinance regulating them. There were two options open to him If he wanted to engage In amateur communications. He could request a variance to the ordinance by way of a hearing before the City Council, or he could obtain affidavits from his neighbors swearing that they had no objection to the proposed antenna Installation. Ho got the building permit after obtaining the cooperation of his neighbors. His concern, however. Is that he had to get permission from several people before he could effectively engage In radio communications for which he had a valid FCC amateur license.