To: | towertalk@contesting.com |
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Subject: | [TowerTalk] Chicago Tribune news: Ham radio tower has the OK signal |
From: | "Rob Atkinson, K5UJ" <k5uj@hotmail.com> |
Date: | Thu, 23 Sep 2004 17:04:19 +0000 |
List-post: | <mailto:towertalk@contesting.com> |
another PRB1 victory of sorts...de rob/k5uj:
By Bob Goldsborough Special to the Tribune Published September 23, 2004 Despite opposition from neighbors in [west] Wheaton, a proposed 42-foot-high ham radio tower can be built in a resident's back yard under federal law without any sign-off from local officials. John Siepmann, given the go-ahead recently by the city attorney, has been pitted against dozens of neighbors in the Farnham subdivision, many of whom have "NO RADIO TOWER" yard signs. Opponents believe the tower would be an eyesore, a safety hazard and a potential interference to their television and telephone reception. Siepmann, an amateur ham radio operator, first approached city officials requesting a zoning variation to allow him to build a 65-foot-high free-standing tower in the back yard of his Browning Court home. An initial look at the zoning code suggested the maximum height of such a structure could be 12 feet. After reviewing Federal Communications Commission requirements, which pre-empt municipal regulations and force local communities to be "reasonably accommodating" to amateur ham radio operators, city officials concluded they have no choice but to allow a tower of up to 42 feet, said city planner Brad Boese. That height was determined by adding Wheaton's 12-foot height limit for antennas that sit atop houses to the 30-foot height limit for single-family houses, Boese said. "`Reasonable accommodation' isn't really defined anywhere, so what we have to go by is what other communities in the area have permitted," he said. Siepmann has deferred his request for a zoning variation for the 65-foot tower, which would require City Council approval, until Oct. 12, and is asking for a building permit to allow a 42-foot-high tower. That request, submitted Aug. 19, is pending, with the Building Department having sent drawings of Siepmann's proposed tower to a local structural engineer for evaluation, said Joe Kreidl, director of building and code enforcement. Meanwhile, Siepmann's attorney, James O'Connell, said Wheaton's present ordinance doesn't meet federal requirements. He cited other communities that allow ham radio tower height limits of 65 feet or more. Unincorporated DuPage County, which is immediately to the west of Siepmann's property, has a ham radio tower height limit of 100 feet, O'Connell said. With a 42-foot limit, Wheaton officials "are wrong under the amateur radio law," O'Connell said. "We may very well petition the City Council to create an ordinance that meets federal requirements," he said. "I can't tell you what Mr. Siepmann will eventually decide to do. I recommended to him that he take the city up on its offer to issue him a 42-foot permit on the grounds that something right now is better than doing six months' worth of hearings, which can be very expensive. We are prepared to do that if we have to." Ham radio towers need to be tall, O'Connell said, so hobbyists can communicate clearly with fellow radio operators around the globe. "If you want to be able to talk internationally, you need to have your antenna above ground and above the surrounding trees," he said. "[Siepmann's neighborhood] is a wooded area." Siepmann's neighbors wish the entire issue would go away. Bill Robertson, spokesman for the neighborhood group that opposes the tower, said it could reduce property values. "Anybody living in a nice suburb today would assume that their neighbor couldn't put up a 65-foot tower in their back yard, but they'd be wrong," Robertson said. "The federal government in its infinite wisdom interceded years ago on behalf of a small minority of radio operators when they might have been relevant to some national emergency and defense. "Now they're not, but the government hasn't gotten around to amending the law," he said. "We're hoping the city will find a court or a judge who would say that this is passe, and that it's no longer reasonable to expect a city to provide this kind of accommodation to a hobbyist." _________________________________________________________________ Express yourself instantly with MSN Messenger! Download today - it's FREE! hthttp://messenger.msn.click-url.com/go/onm00200471ave/direct/01/ _______________________________________________ See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless Weather Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any questions and ask for Sherman, W2FLA. _______________________________________________ TowerTalk mailing list TowerTalk@contesting.com http://lists.contesting.com/mailman/listinfo/towertalk |
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