Building code and zoning law are not the same thing. A proposed structure
must first meet zoning requirements, then it's construction will be guided
by standardized building code. Maximum height, setbacks and other local
restrictions are not set forth by building code; they are in the zoning
laws.
73,
Jim K1IR
----- Original Message -----
From: "Alan C. Zack" <k7acz@cox.net>
To: <k1ir@designet.com>
Cc: <msadams@acsu.buffalo.edu>; <towertalk@contesting.com>
Sent: Friday, April 16, 2004 11:09 PM
Subject: Re: [TowerTalk] Town Code Definition Conundrum
> Jim,
> At my bldg dept IBC-2000 is the Bible and final word as to the structural
requirements. Couldn't you refer to section 3108 of IBC-2000 and ask where
is the fallback requirement?
>
> Besides the bldg permit you are correct that he may also require a zoning
permit or variance. I was told that if my tower was to be over 45 ft I
would need a variance. Too much red tape
> and too big of a chance it would be disapproved (all it takes is one
neighbor to not sign off on it) so I will stick with a 40 ft for now.
>
> Maybe try to get past the desk clerk and ask to speak to the actual bldg
inspector who will issue the final permit. My city has one inspector who is
the designated tower expert. The clerk
> may be confused as to what you want to do.
>
> k1ir@designet.com wrote:
>
> > Mark,
> >
> > You should always assume that the town believes it regulates the
> > construction of EVERY structure in town. It's just a matter of which
words
> > in the zoning bylaw they will apply. You are correct about the
commercial
> > parts that she noted. It is very unlikely that those words apply to what
you
> > are doing.
> >
> > But, I'm sure the town does regulate 'structures', and your tower is
most
> > certainly a structure. If there is nothing in the bylaw that exempts
amateur
> > radio towers [a type of structure] from the limits imposed on other
> > structures, then what you have is probably a 'by-right' ability to put
up a
> > tower not exceeding the standard height and setback requirements. If you
> > want a taller tower, then you may need to take one of two possible
> > approaches: (1) get a special WRITTEN dispensation for your project from
the
> > town in the form of a building permit or special permit, or (2) look to
> > federal law for preemptive law [NY is not yet a PRB-1 state].
> >
> > - Get your own copy of the zoning bylaw and read it cover to cover. You
will
> > find many answers.
> > - Find out about other amateur towers in town and see how they were
handled.
> > If you find towers that were put up on verbal permission only, pay no
> > attention. You are looking for solid documentation provided by the town.
> >
> > GL es 73,
> >
> > Jim K1IR
> >
> > _______________________________________________
> >
> > See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless
Weather Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any
questions and ask for Sherman, W2FLA.
> >
> > _______________________________________________
> > TowerTalk mailing list
> > TowerTalk@contesting.com
> > http://lists.contesting.com/mailman/listinfo/towertalk
>
> --
> __________________________________________________________________________
> Alan Zack
> Amateur Radio Station K7ACZ
> Las Vegas, Nevada, USA
> Quality Engineer, The Boeing Company, Retired
> Aviation Chief Warrant Officer, U.S. Coast Guard, Retired
> U.S. Coast Guard, Always Ready, Always There
> Every hour, Every day, Around the Clock and Around the World
> SEMPER PARATUS
> http://www.gocoastguard.com/
>
>
>
_______________________________________________
See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless Weather
Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any questions
and ask for Sherman, W2FLA.
_______________________________________________
TowerTalk mailing list
TowerTalk@contesting.com
http://lists.contesting.com/mailman/listinfo/towertalk
|