[TowerTalk] Town Code Definition Conundrum

Alan C. Zack k7acz at cox.net
Fri Apr 16 23:09:24 EDT 2004


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 at 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
>
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>
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--
__________________________________________________________________________
 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
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