E. V. Buckley, Mercer & Buckley, John Braden McAdoo and Charles J. Spinelli, Pittsburgh, for appellant.
Leonard Boreman, and Krause & Boreman, Paul M. Segal, Pittsburgh, Harry P. Warner and Segal, Smith & Hennessey, Washington, D. C., for appellee.
Before Hirt, Acting P. J., and Reno, Dithrich, Ross and Arnold, JJ.
[ 168 Pa. Super. Page 300]
The Borough of Munhall has appealed from a decree of the Court of Common Pleas reversing a decision
[ 168 Pa. Super. Page 301]
of the Board of Adjustment refusing to issue a building permit under the Borough zoning ordinance. The facts are not in controversy.
George D. Lord, appellee, a licensed amateur radio operator, applied to the building inspector of the Borough for a permit to erect a radio tower in the rear yard of his home which is in a 'B' residence district of the Borough. The permit was refused by the building inspector and by the Board of Adjustment. On appeal by the applicant to the Court of Common Pleas the Borough was granted leave to intervene. With the antennae attached to his house he can send messages as far as the West Coast of the United States and receive messages from any place in the world. The purpose of the proposed tower is to increase the power of the applicant's short wave radio set so that messages can also be sent to any place in the world.
The tower is 32 feet in height, of metal construction, set for permanent use in a concrete base in the shape of an equilateral triangle, 49 inches on each side, and converging to 12 inches on each side at the top. The beam antenna rests on top of the mast and consists of five parts -- a cross piece 12 feet long and four adjustable rods, each capable of being extended to a length of 21 feet. The antenna assembly, as a whole, is capable of being rotated by electrical control from the interior of the house for the desired direction of transmission or reception.
The zoning ordinance provides in part as follows:
'Section 400. In a 'B' Residence District, the following regulations shall apply.
'Section 401. A building may be erected, altered or used, and a lot or premises may be used for any of the following purposes: (1) All uses permitted in an 'A' Residence District. (2) Accessory use on the same lot with and customarily incidental to any of the above permitted ...