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Re: [TowerTalk] tower and city hall

To: Its from Onion <>
Subject: Re: [TowerTalk] tower and city hall
From: "Roger (K8RI)" <>
Date: Sat, 22 Mar 2008 18:13:31 -0400
List-post: <">>
Its from Onion wrote:
> I put up a 90 foot tower across from Hueytown, Alabama's city hall with not 
> one snivel.
> Why?  because I did not ask.  Your tower and communication is federally 
> protected. 
Only to a point
> The funny thing is 2 weeks before, a guy had went before the zoning board for 
> a cell
> tower on the hill behind my house and was denied.
But your mixing the proverbial Apples and Oranges.  Most areas including 
here, treat commercial towers differently than ham towers.  Here, 
(after  the cell company put up TWO big self supporting towers within 
several hundred yards of each other and just over a mile East of me) 
they out and out prohibited more cell towers in the township.  Hams can 
go 80 feet with no permit required or available. You do have to abide by 
setback rules due to safety and setback rules for safety will trump 
almost any other rule or reg. Here the setback rule applies to the 
tower/structure, not what you put on it. I started to mention the 
antennas I wanted to put up and the inspector basically told me he 
didn't want to hear about them, they were only concerned with the 
structure, not what I put on it.  The tower is considered a structure, 
but not the same as an outbuilding.  However we are not limited to that 
80 feet.  Higher than 80 requires the installation be engineered and 
they will accept the ROHN catalog specs for installations as valid 
engineering figures even with minor deviations.

BUT "lawsuits".   (check the proper reflector for real advise) As some 
one else mentioned, if you neighbors don't like what you are doing, 
tower, working out in your shop during the wee hours of the morning, 
noise at night even if not loud.  They can sue for most anything they 
want.  Their odds of winning may be slim to none, but they may just 
count on you not being able to afford to fight, or not willing to do so 
for one reason or another.  As someone else said, "It's a crap shoot"   
I've been here for over 23 years with no problems even when the house at 
the end of the street was a frat house<:-))  That was interesting, but 
not a problem<:-)). Even got invited over for a beer at one party.  Of 
course I could wake up in the morning and find a crack house next 
door.   Yah never know.
> He asked me how I got away with it.  Simple, I didn't ask.
> Its been up 8 years now.
Some years back a TALL TV tower was erected on the SW side of Houghton 
Lake MI.  It was close to 900 feet and within about 5 miles of the 
airport with instrument approaches and within 2 miles of a smaller 
public air port which basically put a tower sticking up into the pattern 
of the smaller airport.  They had never sought input from the FAA or 
bothered with impact statements. Basically they just went ahead and put 
it up.  Reportedly they were within one day of receiving a "tear down" 
order  for an investment of many hundreds of thousands of dollars and it 
cost a small fortune for them to show cause as to why they shouldn't 
take it down and remove all indications of it ever having been there.  
Had the county, village, or airport pushed the issue they would have had 
to tear it down with the overall loss totaling well over half a million 

So the old "it's easier to ask forgiveness " can  end up with  a 
complete tear down  plus substantial fines.


Roger (K8RI)
> Lee
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