[TowerTalk] Antenna Restrictions - Follow up

Sun, 31 Dec 2000 15:57:28 -0500

Thank you to all that replied. Here is a snapshot of the responses for
anyone interested.

73 and HNY

Bob, K3GT

GUYED towers are the Strongest, Safest,
and Most Cost Effective solution, but that
may not be what they want to hear.

Tom  N4KG

Bob, I suggest you hasten to contact k1vr@juno.com and explore the archives
on the hamlaw reflector.  He always refers people with questions like yours
to that reflector (maybe on qth.net), because of its regulatory as opposed
to technical slant.

73, Pete N4ZR

Check the ham-law reflector - there are many folks there who have written
Rsimilar ordinances, and they have examples.
Steve WQ5G

I have not, but if you are an ARRL member, you can go to
www.arrl.org, and look at their "PRB-1 package.  Further down the
page are "model antenna ordinances."  The link is:
http://www.arrl.org/FandES/field/regulations/PRB-1_Pkg/index.html

At least that can help you get started.

GL!

Tom, N2SR

I suspect you've already checked with the ARRL, since they have a
world of information in this area.  As I recall, the first court ruling
after
PRB-1 permitted a 73 foot tower where none was permitted before, so
many zoning ordinances use 75 feet.  The crank-up requirement seems
a little bizzarre.  It sounds like looks are more important than safety.

Byron P. Peebles, Jr.

    The best venue for these questions is the Ham-Law reflector. That's
where
the legal eagles hang out and they've been through this many times.

    Send a message to ham-law-request@altlaw.com with <subscribe> in the
message and you'll be all set.

Cheers,   Steve    K7LXC
Tower Tech

There have been several written in Georgia the past few years as a by
product of cellular tower requests.
The counties and ham attorneys contacted FCC and ARRL and decided that 75
feet was a good height
The FCC felt that 60' would still cause more TVI/RFI as they are closer to
the houses (higher means less problems).
No mention of crank up or fixed tower.  Dictating crank up max and min is
too hard to enforce and puts a burden on both parties.
You might check with W4UCK's law web page as he should have several samples
to use.   Above 75' requires a special use
permit, below only a building permit.
73 Dave K4JRB

Here's what the local hams achieved here in Grand Rapids MI:

"Section 5.40.3. Amateur radio antennas and antenna support structures are
permitted accessory uses in any zone district under the following
conditions:

"(1) Exclusion: This section does not apply to satellite dish antennas one
(1) meter (3.3 feet) or less in diameter in residence zones or two (2)
meters (6.6 feet) or less in commercial and industrial zones, and wire
antennas erected unobtrusively for the purpose of amateur radio
communications.

"(2) Dish antennas greater than five (5) feet in diameter may not be placed
on the roof of a principal or accessory building in any residential zone
because of objectionable aesthetic impact on surrounding dwellings and views
therefrom.

"(3) Structures controlled under provisions of this Section are prohibited
in any front or side yard of a lot or parcel in any residential or
commercial zone, provided that guy wire anchors may encroach into the side
yard. Guy wire anchors and structural foundations may be located not closer
than one (1) foot of property lines that define the rear yard, and in the
case of guy wire anchors, in the side yard, provided that antennas may
encroach within the one (1) foot setback, and may even protrude over the lot
line, where written permission to do so is provided by the current affected
property owner and is on file with the City's Chief Building Official.

"(4) The overall antenna height shall be limited to one hundred (100) feet
above grade whether freestanding or mounted on a structure. Such height
limit may be exceeded where necessary to permit reasonable use of the FCC
license, subject to the Permitted With Approval provisions of Section 5.30
through 5.35 of this Chapter. If the Planning Commission determines it
necessary to consult with an expert in considering an increase in overall
antenna height, all reasonable costs and expenses associated with such
consultation shall be borne by the person seeking to exceed such height
limit.  (notice no reference to a "fall distance" limitation)

"(5) Structures covered under this Section, for which an in-ground
foundation or substructure must be constructed, and/or which exceed
thirty-five (35) feet in height above grade, or which are roof-mounted and
extend more than fifteen (15) feet above the ridge line of the roof, shall
require a building permit prior to erection, enlargement, increase in height
or relocation. The application for a permit shall include address of lot or
parcel, type of structure and height, and placement on lot or parcel shown
on an illustration drawn to scale. Also required is information on method of
installation including, as appropriate, details on structural support,
footings, foundations, guys, braces, anchors, and grounding. As part of the
permitting process the applicant will affirm receipt of a Safety Advisory
Bulletin concerning safety issues, grounding, anti-climb devices, guying and
wire sizes, and maintenance and inspections.

"(6) Climbable antenna support structures shall be completely enclosed by a
fence six (6) feet in height or shall have an effective anti-climb device
attached as described in the Safety Advisory Bulletin. If fenced, the fence
shall restrict the passage of a two (2) inch diameter sphere.

"(7) Lots or parcels in residential zones shall be limited to not more than
one antenna support structure in excess of thirty-five (35) feet in height
above grade per building containing one or more dwelling units. A second
support structure, which is thirty-five (35) feet or less in height, shall
be permitted, and may be accompanied by antenna(s) of up to twenty-five (25)
feet of additional height.

"(8) An antenna support structure shall be inspected annually and maintained
in a safe condition by the owner or operator. Such owner or operator shall
notify the City's Chief Building Official if requisite safety standards are
no longer being met and what steps are being taken to remedy the situation.
The owner or operator of such structure shall maintain a record of
inspections on file and a log of routine maintenance as well as work
undertaken in response to inspections.

"(9) Upon cessation of ownership or leasehold rights in an antenna support
structure, the operator or property owner shall remove such structure within
ninety (90) days, or within thirty (30) days of receipt of final written
notice from the City to do so. Where the new owner or leaseholder is a
licensed amateur radio operator, such person may retain said structure after
its inspection and written notice to the Chief Building Official of
intention to do so and to assume responsibility for same under this
Section."

73,  Larry Kozal  K8PUJ

Hi Bob.  ARRL has quite a few ordinances that you might want to avail
yourself
of.  An email to john hennesey at ARRL HQ would do quite a bit for you.

Best to educate yourself before going into the meeting.

Good Luck and HNY

K1VR:  Two points:

1. There are some sample ordinances on the ARRL web site. Start looking
at
http://www.arrl.org/field/regulations/index.html

2. Just so you'll all know, and fresh off a victory in the Aloha Bowl,
Eagles are graduates of Boston College. Legal Eagles are graduates of
Boston College Law School.

Fred Hopengarten K1VR   BC Law '70

Here's a better URL for sample municipal antenna ordinances.

http://www.arrl.org/FandES/field/regulations/PRB-1_Pkg/index.html

Fred Hopengarten K1VR
hopengarten@post.harvard.edu

Bob I recommend you do it at the state level that way the county can't and
it works out good for everyone try to get them to follow the FCC Rules that
state PRB-1 has preference over all county and state laws governing Ham
Radio. FCC Governs all Ham Radio At The Federal Level there for the you not
have any jurisdiction to govern or pass laws coming Any Restrictions At All
Antenna height is controlled by The FCC And The FAA. Al Government Agencies.
There for the state or county has no jurisdiction in making any laws that
govern amateur radio. The Federal Government controls all only.

Kevin Adam
N9IWW

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