Amateurs in Troy, Michigan, scored a major victory for that community's hams November 24 after convincing the Troy City Council to reject the city planning commission's restrictions on the height of Amateur Radio antennas and antenna support structures.
Only one resident showed up to speak against allowing Amateur Radio licensees an exemption to city ordinances. That individual mistakenly characterized radio amateurs as CB operators who were using scare tactics to coerce the council, Albrecht said. He added that City Council members were extremely receptive to Amateur Radio, viewed ARRL's Amateur Radio Today multimedia CD presentation and asked several thoughtful questions before voting on the issue.
The Troy, Michigan, city council votes December 15 on the following proposed ordinance:
Amateur radio antenna support structures are exempt from the city ordinance to a height of 75 feet if used in accordance with the terms of a valid Amateur Radio Service license issued by the Federal Communications Commission or permitted under Federal Regulation by a reciprocal agreement with a foreign country, provided that (1) the antenna support structure is not used or licensed for any commercial purpose, (2) the antenna support structure must be removed if the owner moves and the new resident is not a licensed amateur radio operator, (3) the antenna support structure or antenna may not intrude into the setback as if a plane were drawn vertically on the setback line, (4) the support structure or antenna may be permitted in the setback area to minimize visual impact, upon special use permit issued by the city council
Council ordered the city manager and city attorney to report back at the December 15 council meeting with an ordinance that would codify Pryor and Ode's proposal.
"When the time came for a vote, the original proposal of the planning commission was not even considered," reported Hazel Park Amateur Radio Club Director of Instruction Jeff Albrecht, N8WR. Instead, the council voted unanimously to accept the proposal drafted by Mayor Matt Pryor and HPARC President Phil Ode, AA8KR, which calls for an exemption of city ordinance up to 75 feet and compliance with federal preemptions regarding Amateur Radio.
The planning commission's proposal was to increase allowable antenna and antenna support structure height from 20 to 25 feet, or 5 feet over the top of the typical home. Additionally, the commission wanted to limit each lot to a single antenna structure, require independent engineering analysis for anything higher than 25 feet and allow the city's zoning board of appeals to have final say on any application. "The zoning board of appeals and [its] rulings were the primary reasons that local hams sought to have the current law revised in the first place," Albrecht pointed out.
Local hams originally banded together in August 2002 after HPARC First Vice President Murray Scott, KE8UM, was denied a variance to construct an antenna support structure on his property. The amateurs convinced city council that the planning commission's restrictions would violate of PRB-1, the limited federal preemption of local statutes that directs municipalities to "reasonably accommodate" Amateur Radio communication with respect to ordinances regulating antennas and antenna support structures.
Following comments by the planning commission director, 10 hams from HPARC and the Utica-Shelby Emergency Communications Association delivered a thorough presentation that covered many aspects of Amateur Radio, including the need and legal right of hams to erect suitable antenna structures. ARRL's Antenna Height and Communications Effectiveness document was used as evidence. Troy Fire Chief Bill Nelson, KC8IWQ, also testified to the importance of Amateur Radio to the fire department's preparedness plans.