I would question whether the "special use" requirement is really valid. Since
they didn't know about ham radio, how can they be right that it's a "special
use" ?
looking at the city of martinez (your area?) muni code, they have special rules
for telecom, but specifically exclude amateur radio towers, cb towers, and
television antennas, for residential as long as it meets all other zoning and
regulations. That makes it sound to me like ham radio towers are not "special
use" in general.
If you get into a discussion where you say what you're doing is complicated,
you
can get led down the path of soil report, then structural engineer, then
special
rebar inspection (I'm not kidding!)..and all that happens is you write checks
to
N successive licensed professionals, who actually do almost nothing for you
other than provide a paper trail. Better to spend the money on actually doing a
good job on the project.
the martinez code I reference (which is about telecom wireless installations)
(passed in 1997)
http://search.municode.com/html/16716/level3/MACA_TIT22ZO_CH22.39WITEFA.html
The following uses are exempt from the regulations stated in this Chapter;
however, each of the following uses is required to comply with all other City
zoning and other regulations applicable thereto:
1.
A single ground or building mounted receive-only radio or television antenna,
or
citizens band antenna including any mast, for the sole use of the owner or
tenant occupying a parcel on which the antenna is located.
2.
A ground, building or tower mounted antenna operated by a federally licensed
amateur radio operator as part of the Amateur Radio Service.
3.
A single ground, pole or building mounted receive-only radio or television
satellite dish antenna, not to exceed forty-eight inches (48") in diameter, for
the sole use of the owner or tenant occupying a parcel on which the antenna is
located. Satellite dish height shall not exceed the height of the roof ridge of
the primary structure on the parcel.
4.
All citizens band radio antenna or antenna operated by a federally licensed
amateur radio, operator as part of the Amateur Radio Service which lawfully
existed at the time this ordinance was adopted. (July, 1997).
5.
Mobile services providing public information coverage of news events of a
temporary nature.
6.
City government owned and operated receive and/or transmit telemetry station
antennas for supervisory control and data acquisition, or other health and
safety devices which require antennas.
7.
Mobile Telecommunications Transmitting Facilities necessary for emergency
communications or for facilities required on a temporary basis not to exceed
two
weeks per year. Emergency services are permitted as necessary for emergency
communications.
-kevin
ad6z
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