Generally if youre not an 'affected landowner' (your property is not contiguous to the site where work is proposed, you don't find out till late in the process.

In my jurisdiction, when public utilities are siting, a lot of work goes on before a site application is applied for. So depending on where this is in the process you might be forced to live with it.

If it requires a zone change, that is your best chance to stop it. Once the zone change has been approved theyve already signed the lease agreements and arranged for construction. To fight that would cost at least the amount of devaluation of your property.

Usually churches are zoned with an exemption different from residential- so they were approached rather than a private landowner, and they probably got some improvements to their property for the lease. They have little to lose from disgruntled neighbors.

Generally if youre not an 'affected landowner' (your property is not contiguous to the site where work is proposed, you don't find out till late in the process.

In my jurisdiction, when public utilities are siting, a lot of work goes on before a site application is applied for. So depending on where this is in the process you might be forced to live with it.

If it requires a zone change, that is your best chance to stop it. Once the zone change has been approved theyve already signed the lease agreements and arranged for construction. To fight that would cost at least the amount of devaluation of your property.

Usually churches are zoned with an exemption different from residential- so they were approached rather than a private landowner, and they probably got some improvements to their property for the lease. They have little to lose from disgruntled neighbors.

Cell towers all look like very tall trees these days and blend into the landscape pretty well. They need not bring down your property or be intrusive looking at all.

Not all new cell towers look like trees.

Four year ago the community got together and blocked one from going up on church owned land in Tampa. I'm linking an article. Maybe something in it will help you.

Here is a link that might be useful: Cell tower blocked

In our area cell tower do not look like trees! They are just metal structures.

Verizon did approach several homeowners but all turned them down.

The area is zoned suburban agricultural but is in a New community District established back in the seventies and no one remembers what the reasoning behind it was.

The church is just a one story structure not much bigger than the average house and sits on an average sized lot.

maddilee, thanks. Yes I got the term "inconsistent with the community image".

Good. I was trying to copy the link and that phrase, but kept losing my post going back and forth.

That cell phone tower never did get built on that property.
ML

If you are the affected landowner, you don't have a lot of choice. remember when they site these things, it is because it is in ideal location for the cellular company. They will pay you rent. If you holler, they will talk to the neighbor across the fence. they will like it, and it will still be there. now, one thing the wind turbine people are doing here, and this is very recent, is that the company is offering to pay those who have to look at them a monthly fee. it is not as much as the landowner gets, but it is something. you might ask if they are willing to pay you to have to look at it. either that, or get an attorney, pay attention to the legal notices, and attend those meetings. after the fact is too late.

Our community fought several cell towers and won. The first was going to be a hideous plastic tree placed on the property of our fire house. The fire company agreed because they needed the money. The community rallied and raised money for the fire company so they could back out of the plastic tree. I have seen those things and they are hideous. They don't blend in with the surroundings at all.

Maybe a fund raising campaign for the church could wipe oout the cell tower?

Another one was to be placed on a small triangle of land owned by the power company. Neighbors howled! Got the local commissioners involved. A compromise was struck by installing something called nodes thoughout the township. They were installed on existing tall structures such as electrical poles and a tower that already existed in a playground. They are not obtrusive at all. However, it is more expensive for the cell service provider.

Good luck! It can be done.

Here is a link that might be useful: nodes

I'm really mad right now. I just got some info on comments made by one of the members of the zoning board.

I have never formally met the man but know a lot about him from my son who works for him. I know the man is an honorable person but I am still very mad.

He told my son that the cell tower in inevitable as it is needed in the town due to the other towers becoming overloaded. He referenced a comment made by one of our neighbors at the meeting. Our neighbor is a cancer survivor and stated publicly that she is afraid of the tower due to studies showing people living within 1500 ft having a 3 or 4 times higher cancer risk. At the meeting the board asked her if she uses a cell phone. She said she did all the time. Apparently the board privately thought that if she was really afraid of cancer she would not be using a cell phone.

Remember the board told us (and we already knew this) that health concerns can't be used as arguments against cell towers. If the board is supposed to disregard health concerns why did they even ask her if she used a cell phone and then make private comments about it.

I just contacted a realtor for help in determining current value and if they have any info on depreciated value due to cell towers.

How frustrating!!

If your community ties their 9-1-1 system into the fray-because the existing repeaters are overloaded, you're going to have an even bigger fight on your hands.

Sounds like your town council is already on board and that the cell co has provided them with justification for the need. You need to get more info on where in the process the project falls.

Every day I review siting plans for projects and utilities. Some require zone changes, and all require environmental assessment under applicable laws. There are times i am forced to make an unpopular decision, but there are multiple opportunities for comment and/or contest by the public. Too often people ask me after a permit is issued what can they do if they're opposed and I have to tell them its too late-if they didn't bring up pertinant comments (other than affecting property value) before they're out of luck.

To fight you cant be NIMBY (not in my backyard) you have to bring facts to the table. Comparable markets show x decline in property value when cell towers are installed, wildlife habitat is negatively affected by the loss of breeding grounds by removal of native vegetation, etc. You must provide specifics and keep emotion out of it. The cell co will rebut anything you say, so you need facts.

Also if it will require a zoning change-challenge that using the same tactics. Everything you put on paper becomes part of the record and used in the decision making, and if necessary, the appeal.

This post was edited by pesky1 on Thu, May 22, 14 at 22:55

I don't know if this is the same cell tower application as the one in my neighborhood. If it is, the zoning requires a special exception for the tower. Consequently, there will be a public hearing.The sequence of events is that there will be a staff report issued about two weeks before the public hearing. The hearing is held before the Planning Commission. If they should approve the special exception, the matter then gets a public hearing before the Board of Supervisors. The Supervisors may vote to deny or approve. If they approve, the decision may be appealed to the court.

So what an ordinary citizen can do is 1) before the planning hearing, meet with the local supervisor and with the chairman of the board of supervisors and meet with the county staff; 2) testify at the planning commission hearing, preferably with photos showing the impact of the tower on the view from inside and outside your house; 3) if that doesn't stop the special exception, testify before the Supervisors. Oh, and if you can afford it, hire a lawyer who has been successful in preventing cell towers from being erected in residential neighborhoods.

I'm dealing with this now in my neighborhood. Any current advice?

Next year I will be looking at a row of these all along the south side of my house, just across the fence on someone else's property.

http://itctransco-itc-prod.barkleylabs.com/operating-entities/itc-midwest.html

At the town meeting, it was presented to us as this is what they are doing. Not what they were going to do but what had been OK'd by the State of Iowa Utilities board. If we didn't like it they would exercise eminent domain. The president of the utilities board was clearly for the electric line. Nothing we said even penetrated his head. It made me wonder where his money was invested. Bet I can guess.

This in no way benefits anyone in Iowa other than the land owners who have windmills on their land; another "we're going to do it so bend over and smile". These power lines will take our wind generated electricity to Illinois where it will be distributed to states (like Florida) who need it.

cmcc3:

If you want to see how a cell phone tower zoning special exception request was fought successfully, read the judge's opinion at https://law.justia.com/cases/federal/district-courts/virginia/vaedce/1:2015cv00002/311864/79/

It's lengthy, but it supports all the research that the folks who were fighting the cell tower had done, so it will give you an idea of what you can do to make your case.

If you're unsuccessful in stopping the tower installation, perhaps you can make sure that it's disguised as mentioned above. There are even some disguised as church bell towers, which would fit well with your situation. In SoCal, we see them as a cactus, palm tree, evergreen tree also. In fact, most often they're disguised here, which really helps. The images below are all cell towers.

Interested to see if anyone can provide some info on what I can do about an AT&T cell tower that was put up next to my house without any permitting and doesn’t meet any setback restrictions.

A unincorporated community my neighbor is a farmer i will be within 300ft its a private property lease I tried reasoning with him he directs me to the carrier like my concerns are with them. I have to take my neighbor to Court as the lessor privately as its just that a private matter any suggestions I think a judgement in small claims court might stop the leasing agreement . I like the neighbor i dont want him or me in a legal argument . How does the leasing application does it get registered in my county. I have asked the county clerk but in a small county its all a secret.

I called Telus in Canada to see if they owned the new tower less than one mile away and they said I'd have to call my local government official to find out. Unreal