Good ?'s I assume from Katrina's response that the owner will have to maintain the tower no higher than 40 feet or it is a violation. How they will ensure this will happen I am not certain but will ask the ?. I am guessing the neighbors can play an important part in this by keeping 311 updated if they see the tower raised so the proper department zoning in this case can check for any issues or possible violations. I realize with your problem with reception issues that this outcome is probably not going to help. I found doing research that filters sometimes help with your type problem. I also found where hearings/courts have forced operators of this type radio to pay for filters for their immediate neighbors electronics.
At least if it is kept at 40 feet the immediate neighbors will have little impact if it ever falls their direction. That was one of the concerns that came to me. The tower I believe is pretty much toward the center of the rear yard. When it was up at 72 feet it certainly posed a danger to the neighbors if it ever came down.
I will post any response from Katrina when I receive it.
dcmoore@ci.charlotte.nc.us Donald Moore handles zoning inspections in Madison Park