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' BRIGGS axn MORGAN • : Mr. Dewan B. Barnes -2- June 18, 1976 towers, etc. There is nothing in Section 15 pertaining to television or radio antennas. Thus, I would conclude: 1. A television or radio tower is an accessory use and. the applicant must secure a conditional use permit' from the Council for such accessory use in an R-1 district. 2. If the Council determines that the applicant is entitled to a conditional use permit, the tower may not exceed twenty-five feet iri height. 3. There is no authority to increase the height limitations by fifty percent under Section 1.5 of.~t:he ordi- nance. 4. The Council could grant a variance and a ,conditional used the conditional use for the basic struc- • ture and the varia~~ice to allow the structure to e~;cecd twenty-five feet in height. The normal variance rules would apply as set forth in Section 16 of the ordinance. In essence, the Council would have to determine whether .there is some definite hardship or difficulty imposed on the applicant and that the request is not simply for the convenience of the applicant. I should note that television and radio stations and transmitting towers are conditional uses in B--2 areas subject to a height limitation of thirty-•fi.ve feet. `T'hus, the Council at the time of adopting tl~ie ordinance dial have some specific concepts in mind wif_h regard to television and radio antennas. If the Council decides to change any of the ordinance provisions that I have detailed above, I would recommend that a separate ordinance be enacted which would deal not only with the zoning questions but- also per- mits, fees, construction requirements, lights, removal of abandoned towers, etc. Tl-iere is a model ordinance adopted by the City of Bloomington which I believe the Council is aware of. I would certainly suggest that a similar ordinance be considered if the Council wisries to modify the present zoning rules as I have set forth above. Yours truly ~`~ "' r John R. Kenef ick JRK/jb