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HomeMy WebLinkAboutPD-127-93 \~/ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: HAM.GPA Date: 20 September 1993 File # 01ot. G:-k Res. # ~A -5@1-(13 . # Meeting: General Purpose and Administration Committee #: PD 127 93Fi1e #: PLN 18.7 HAM RADIO COMMUNICATIONS TOWER LOCATED AT 27 PINEDALE CRESCENT, COURTICE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-127-93 be received for information; 2. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1 . BACKGROUND In July of this year, the Municipality of Clarington By-law Enforcement Division received a complaint concerning a radio communications tower that was in the process of being erected at 27 Pinedale Crescent (Lot 47, Plan 10M-744). At the Council Meeting held on July 19, 1993, a petition signed by residents on Pinedale Crescent and surrounding area was submitted requesting that Council amend the Comprehensive Zoning By-law 84-63, as amended, for the former Town of Newcastle so as to introduce restrictions on free standing antennas. The reasons cited were: . interference with services (Bell, Cable and Radio) . being unaesthetic . being a public nuisance . may cause depreciation of property values in the area At a meeting held on July 19, 1993, Council passed the following resolution: "THAT the petition received from the residents of pinedale Crescent and surrounding homes in the Courtice area regarding the construction of a free standinq CjB, TV antenna, be received; , J 3:) f'lECVCLEO PAPIER PAPER RECYCLE THIS IS PRllfrEDOH RECYCLED PAPER REPORT NO.: PD-17.7-93 PAGE 2 THAT the petition be forwarded to the Director of Planning and Development for review and report by the end of September 1993; and, THAT lead petitioners, Della and Rod Graham, be advised of Council's decision." 2. MUNICIPAL REQUIREMENTS 2.1 Under the General provisions Section of the Comprehensive Zoning By-law 84-63, as amended, for the former Town of Newcastle, section 3.1(i) (v), lists antennae as being permitted. Under section 3.8 of the General provisions, Height Exceptions, it states: Notwithstanding the height prov~s~ons herein contained, nothing in this By-law shall apply to prevent the erection, alteration, or use of the following buildings or structures, provided the principle use is a use permitted within the Zone in which it is located, namely:...a radio or television tower or antenna... 2.2 27 Pinedale Crescent is zoned "Urban Residential Type One (R1)" and is developed with a single detached dwelling. A radio or television tower or antenna that is associated with the dwelling is permitted and is exempt from height restrictions under section 3.8. 3. STAFF COMMENTS 3.1 The complaint received by the By-law Enforcement Division noted that there is a home occupation being operated on the lot and suggested that the antenna was being operated in conjunction with a home occupation. If the transmissions from the tower were in fact being used as part of the home qccupation, than the restrictions contained in section 3.10 of the Zoning By-law on Home Occupations would apply to the home occupation. This section states that a home occupation shall be clearly secondary to the main residential use and shall not change the residential character of the dwelling, shall not create or become a public nuisance due to traffic, noise and hours of operation and, shall not interfere with television or :) 3 6 REPORT NO.: PD-127 -93 PAGE 3 radio reception of others in adjacent buildings or structures. 3.2 On August 5, the owner and operator of the tower at 27 pinedale Crescent provided information as to the use of the tower and of the nature of the home occupation that is being operated. The owner maintains that the tower is being used strictly as part of a "Ham" radio-hobby item and is not used in conjunction with the home occupation, coffee truck business. Furthermore, the "communication operation" carried out for the home occupation was conducted over cellular phones. As such, the use and existence of the tower is permitted and there are no restrictions under the Zoning By-law that would apply to regulate a communications tower that is being used for private, non-commercial purposes. 3.3 In the petition submitted by the area residents, it was requested that the Council amend the Zoning By-law so as to regulate freestanding communications towers on residential lots. On September 8, 1992, staff submitted report PD-187-92 dealing with the location of utilities in the Municipality to the General Purpose and Administration Committee. This report, attached as an appendix, summarized the existing regulations dealing with communications facilities. It concluded that all telecommunication towers or antenna fall under Federal jurisdiction and that local or regional municipalities do not have any authority to prohibit or restrict land use for a Federally regulated activity. 3.4 Staff have discussed the issue of radio antenna and towers with a representative of Industry Science and Technology Canada and were advised that radio and telecommunications are under Federal jurisdiction. Amateur and citizen' Band radio operators are required to receive a license from the Federal Government and once licensed, a licensee is authorized to operate equipment that includes an antenna or tower. This license does not restrict the height or type of antenna that an operator may have. Municipalities may pass by-laws that limit where on a lot an antenna may be placed however, may not pass by-laws that seek to prohibit or place :) 3 7 REPORT NO.: PD-127-93 PAGE 4 restrictions on the height of such a structure. 3.5 Municipal jurisdiction for communications towers is found under the ontario Building Code. According to the Building Code, a communication tower which is over 16.4 metres (54.5 feet) in height is a "designated structure" and requires that the appropriate drawings be sealed and signed by a professional Engineer. 3.6 It is staff's undertanding that Bell Canada will provide to the residents who find that they are affected by the antenna a filter to be placed on their phones lines free-of-charge. 4. CONCLUSION 4.1 The purpose of this report is to provide Committee and Council with information concerning the complaint and petition surrounding the communications tower at 27 Pinedale Crescent. The tower is a permitted use under the Zoning By-law. The By-law can not contain provisions that would prevent a private communications tower to be erected and used for private purposes. The absence of municipal restrictions is consistent with the fact that communication facilities fall under Federal jurisdiction. Municipalities do not have authority to pass a by-law that seeks to regulate communications towers. The Municipality is unable to pass an amendment to the Zoning By-law that would place a restriction on a federally regulated activity. Respectfully submitted, \ ! 1 . "I r')P. r) l J f &:",~~,'_,,~, ~..~..:\ ~..~j lC Franklin Wu, M.C.I.P. Director of Planning and Development DM*FW*df 7 September 1993 , 7 Q .) J u REPORT NO.: PD-127-93 PAGE 5 Interested parties to be notified of council and Committee's decision: Mr. & Mrs. R. Graham 31 Pinedale Crescent Courtice, ontario LlE 1C6 Brenda Benson 27 Pinedale Crescent Courtice, ontario L1E 1C4 39