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[TowerTalk] HL: Tower strategy needed

To: <>
Subject: [TowerTalk] HL: Tower strategy needed
From: (wa2moe)
Date: Tue, 22 Apr 1997 12:01:12 -0700
this is sent for information only.  tthe poster did well to address the 
Law Reflector

>To: Multiple recipients of list ham-law <>
>Reply-To: "The Ham Law Mailing List" <>
To: <>
>Date:  Tue, 22 Apr 1997 13:46:32 -0500
>From: Patrick Barkey <>
>Subject: HL:   Tower strategy needed
>Hello, I am new to this group.  I need some advice before I get set to put
>up some towers.  Here is my situation.
>I live in Delaware county, Indiana, on a 30 acre parcel in a sparsely
>populated area.  (The whole county has 120,000 people.  There's about
>2,000 people in my township).   I want to put up at least three towers --
>160', 130' and 70'.  They would all be setback 300-400 feet from proprety
>The problem is that my county has a zoning ordinance that appears to
>prohibit my towers.  How it does this, however, is quite odd.
>My land is zoned AG, and there are numerous cites in the ordinance that
>declare all "towers, silos, and other structures" to be exempt from the
>height restrictions that apply to buildings.  So far, so good.  However, in
>the definitional part of the ordinance, where it is spelling out the definition
>of structures, it says: 
>"[Structures are defined to be ... ] Amateur radio antennae, provided they
>measure less than 70 feet from base to top"  (quotes are rough, actual
>ordinance is at home).
>I am searching for a strategy that will enable me to put up my towers. 
>Here's a few choices:
>[1]  Non-compliance
>Just put the towers up.  By all accounts, zoning enforcement in the
>county is non-existent.  On the other hand, one irate neighbor could
>cause me a lot of trouble.
>[2]  Illegality of ordinance
>Is an ordinance that limits only amateur radio towers (but not CB, not
>anything else) legal?  This is beyond my expertise (read:  I am not a
>lawyer).  What is this groups thoughts about pursuing this?
>Also, a "strict" interpretation of the ordinance is that it simply says that
>Amateur radio towers of heights greater than 70 feet are not structures.
>[3]  Put up a "TV" tower
>My reading of the 1996 Communications Act is that local jurisdictions
>cannot pre-empt my putting up an outdoor antenna to receive television. 
>We are on a fringe area -- can I simply put up a TV antenna on each
>tower (along with lotsa yagis) and call them TV towers?
>[4]  Pursue a variance
>This approach I do not want to do.  I already went to the Board of Zoning
>Appeals once in this county, and I was turned down cold.  The
>proceedings did not go forth in my name (it was conducted in the land
>holders name on a different piece of property I never did actually buy -- I
>made my purchase of the property contingent on getting a variance).
>I've poured the concrete and am almost ready to put up my 70 foot "legal"
>tower.  But now I am thinking that I should hold off on that, since already
>having one tower up might make it harder to get whatever permission I
>need to put up the two more.
>What are this groups thoughts?  Thanks in advance for any advice you
>might give.
>   -- Pat
>      N9RV
>The Ham-Law Mailing List. This list is for discussion and does not 
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                              Stu Greene WA2MOE 
                            7537 North 28th Avenue
                          Phoenix, Arizona 85051  USA


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