When dealing with zoning and permit officials, you need to understand what
your application is vs the local and state statutes and also whether those
statutes are in compliance with PRB-1 reasonable accommodation. If you have
a very well updated town or city, that has written language into their
statutes to reasonably accommodate ham radio towers, and you are looking for
zoning waiver to be approved, then the zoning board has a lot of subjective
leeway to ask for things - and many do.
However, if you are dealing with a very common situation where there is no
accommodating language, then you actually shouldn't even be asking for a
zoning waiver, in my opinion (which is not a lawyer but with some
experience). You should just apply for a building permit and get into a
discussion of why they would be rejecting it in violation of federal law.
That usually gets their attention and dismisses with the feel good stuff
like "blending with the neighborhood".
Never ever call it a tower and never ever allow the application of
commercial tower regs and guideline to be applied to your personal use
accessory structure. They can't do it - and they know it. They just don't
know if you know it. They can apply structural concerns relative to wind
and other safety issues but only to the extent they would challenge a house
or garage for personal use. Not turn your personal use structure into a
Verizon Cell tower. Its not legally a commercial tower.
Ed N1UR
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