PRB-1 helps amateurs gain tower permits

Two Midwestern radio amateurs have succeeded in their efforts to be allowed to erect antenna support structures on their residential properties.

Both cases hinged largely on the requirement of the limited federal preemption known as PRB-1 that localities "reasonably accommodate" Amateur Radio communication with "minimum practicable regulation."

As a result, city officials in Wheaton, Illinois, have granted John Siepmann, N9NA, a permit to build a 42-foot tower in his back yard. And in Ohio, Brian "Tim" McGraw, W8BTM, got the okay from the Colerain Township Board of Zoning Appeals (BZA) to erect a 48-foot tower on his property.

"It all started with Hank Greeb, N8XX, who organized the ham radio community, researched the applicable laws and fully utilized all ARRL resources all toward achieving this victory," Ohio Section Manager Joe Phillips, K8QOE, said of the W8BTM case. "More than anything else, it was Hank's single commitment to see this through that made this a win for ham radio." Greeb serves as an ARRL Volunteer Consulting Engineer in the Great Lakes Division.

More than two dozen neighbors had signed a petition and presented their opposition at the hearing in early December. Thirty radio amateurs showed up for the session, and many spoke in support of McGraw's application, however.
In addition, ARRL Great Lakes Division Director Jim Weaver, K8JE, supplied applicable case law for the hearing, while Ohio Assistant SM Bob Winston, W2THU, offered legal advice. Professional engineer Herb Nichols, W8HRN, twice testified to the technical aspects of McGraw's plans, Phillips said. The BZA's December 15 decision was unanimous.

Greeb said the township's lawyer advised that the BZA was not the proper forum to consider McGraw's application and that guidance must come instead from the trustees. He suggested that the trustees need to develop guidelines regarding permissible structure heights for future
applications. None exist in the Rural Zoning Commission's regulations, which provide the basis for Colerain Township's zoning regulations.

"While it is a bit unclear as to how the township will proceed," Greeb commented, "we look forward to working with its elected officials and its designees to set guidance in the new zoning regulations, which are currently under consideration by the township."

In Illinois, Siepmann's application for a 65-foot free-standing structure faced opposition from his neighbors, who apparently feared that the presence of the antenna support structure would lower property values and lead to TV and telephone interference.

"This permit was issued in spite of a 100-plus neighbor signature 12-point petition to the city not to allow the tower, as well as the erection of approximately 75 neighbor lawn signs with 'NO RADIO TOWER' emblazoned across their faces," Siepmann told ARRL. "The signs were placed on lawns as far away as one mile from our home, which is in a quiet, mature and leafy subdivision in Wheaton." Representing Siepmann was ARRL Volunteer Counsel and well-known Amateur Radio antenna advocate Jim O'Connell, W9WU.

News reports say City Attorney Jim Knippen told city council members December 6 that because of PRB-1, Wheaton would lose any court case and had no choice but to issue Siepmann a permit for a tower. The city compromised on its height, however. O'Connell says the city came up with
42 feet by adding Wheaton's present 12-foot "Over the Air Television Receiving Dish" (OTARD) antenna height limit to its 30-foot height limit for a single-family dwelling. O'Connell says a number of short towers already are in place in Wheaton, and the city even had a 65-foot antenna
tower ordinance until several years ago, when it "simply disappeared one day."

Source: ARRL Letter - courtesy of The American Radio Relay League

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