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Re: [TowerTalk] Building permit Wichita Kansas

To: Mickey Baker <>, <>
Subject: Re: [TowerTalk] Building permit Wichita Kansas
From: Howard K2HK <>
Date: Sun, 24 Oct 2010 16:24:21 +0000
List-post: <">>
Many of us watching your adventure and wishing you well. It is an important 
test. Glad you did it the right way.

> Ryan's situation is very similar to mine. Fort Lauderdale limits all
> residential buildings to a height of 35' in the "Unified Land Development
> Regulations" but there is an exception by ordinance that says the height
> restriction does not apply to "amateur radio towers and masts." Elsewhere in
> the ULDR, there is a definition of "towers" which specifically excludes
> "amateur radio structures."
> The building and zoning management here says that they have never
> encountered this law! I can find no permitted amateur radio In Florida, so
> that's likely true. The hams I've spoken with said that it was futile, but
> no one could tell me that they applied and been denied!
> We have a set of laws that make pretty much everything the state and lower
> government agencies do public record, outside of law enforcement and legal
> proceedings, so I watched progress on my application carefully. If you'd
> like to follow the progress of my permit through the City's system, click
> below:
> When the first plans examiner failed my plans at zoning because of the 35'
> height requirement, I made an appointment with him (before the application
> could be rejected) and very politely but assertively made him aware of the
> ordinance that excluded amateur radio "towers and masts" from the ULDR.
> Since then, I've spoken with the director of zoning a number of times. He
> told me that it is his opinion that they must issue the permit, but he needs
> approval from the City Attorney's office to do so because, in the original
> plans reviewers words, "There's nothing that specifically allows it." All I
> want to hear is that there is nothing prohibiting it!
> At the City Attorney's office, the land use attorney has deferred to the
> City Attorney to make a decision. That's a good sign - it appears that
> neither zoning nor the land use attorney can find a reason to deny the
> permit. We're all waiting on him to decide whether or not a permit will be
> issued. I imagine that he is researching the law and going to make a
> decision whether to allow it or litigate, but it could be sitting in his
> inbox... it has only been 3 weeks.
> The law is clear. Actions not otherwise prohibited are allowed. I should get
> my permit.
> I've written on TowerTalk in an earlier posting about my submission - I
> followed advice in Fred Hopengarten's book very closely and submitted a fat
> application package with engineering data (PE stamped), a certified survey
> of my property with the antenna location marked to scale, explanation (and
> corrected cited) laws at the local, state and Federal level supporting my
> case, including limited references to case law. I've written subsequent
> letters supporting my position to zoning officials and they've been very
> responsive.
> Where I live, all the City codes and ordinances are available at
> Although I know of several "after the fact" code enforcement cases in Fort
> Lauderdale, where the ham didn't get a permit and got pounded by the city, I
> know of no one who has actually followed the process to get a permit. That's
> what I'm attempting.
> Time will tell - they'll either approve or deny it. Either way, it will be
> interesting.
> 73,
> Mickey N4MB

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