[TowerTalk] Town Code Definition Conundrum

[k1ir at designet.com]

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