10/04/1971 - Laserfiche WebLink

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Dr. Smithwick noted that the original ordinance governing height of antennas, etc. was related solely to the maximum allowable building height of 30' rather than to the efficiency or performance of the antenna. On this premise, Mr. Wegener stated the Committee's findings were based upon three separate studies: 1. A survey of applicable ordinances in other communities. 2. Town terrain problems affecting quality TV reception and the enjoyment of a radio hobby, 3. Legal history pertinent to basic rights of property owner. The studies found of 26 towns in the Bay Area, only 13 restricted antennas. Of these, five had height limitations, but with U.,e Permits higher antennas could be erected. Bight required variances to exceed the height limits. It was noted allowable height ranged from 30' to 550, thus the Town was the most restrictive of the communities studied. In regard to their technical studies of reception in hilly terrain, they found that no single height or antenna restriction would be satisfactory for one without being unreasonable for another. Their study of applicable court cases indicated that neither a community nor a property owner is completely free to do as it chooses. They determined a community may restrict a property owner's enjoyment of his property only when necessary to preserve public health, safety, moral or general welfare. They noted this police action is apart from any deed restrictions. They concluded safety of antennas is controlled by the building permit, and that the court's control under general welfare laws as related to aesthetics is difficult, if not impossible to judge. In summary a proposed revision to Ordinance 78 was presented recommending essentially, that: I. TV and radio antennas be allowed up to 55' but when it is found by a site survey company that good reception requires a greater height, the Tom Engineer shall issue a Building Permit. Any antennas over 201, however would also require a building permit. 2. Antenna towers shall observe set -back requirements but antennas and guy wires may extend to the boundaries of the property. They may not overhang the property boundaries without the neighbors approval. Council discussion ensued with floor comments heard from:/Mr. A.M. Laws, Mr. R. C. Cheney, Mrs, D. Miller, Mrs. M. Saviano and Mrs.JJ. McIlwraith. Discussion of the draft evolved around the lack of attention it gave to visual pollution; it did not limit the number of antennas allowed; and the object- ivity of the committee conclusions was questioned due to the inherent bias of the committee makeup. The City Attorney noted matters related to Zoning must be in accordance with the State Planning Act and consequently, exceptions would require a variance to be reviewed by the Planning Commission and Council Thus as proposed it would be an illegal delegation of power to utilize the discretion of the Town Engineer in the issuance of a building permit for an exception. Written submittal from Councilman Grabowski, (who was absent) noted antennas are structures as defined by Ordinance 78 and thus antennas as well as their guy wires must be within setbacks. In adittion, reference was made to prevention of "antenna farms." -3-