>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
>lines.
>
>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).
Seems to me you have no problem, unless you're putting up some huge
verticals. If that's actually how it's worded, that would only
restrict your antennae. It doesn't say anything about the height of
the towers that support them. In fact, the first paragraph specifically
exempts towers. I would read that to mean that as long as the antenna
itself is "less than 70 feet from base to top," the tower can be any
height.
Of course, even if this is the case, it looks to me like you've still
got a good PRB-1 case if the ordinance specifically excludes a
70-foot-plus tower from the definition of an exempted structure, only
if it happens to be supporting an amateur radio antenna.
--
JOHN HUNLEY
Engineering Specialist Email: jhunley@printrak.com
Printrak International, Inc. Voice: (714) 238-2000 x2375
1250 N. Tustin Ave. After 5: (714) 666-2700 x2375
Anaheim, CA 92807 FAX: (714) 238-2009
--
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