[TowerTalk] What's a Structure? (this is long)

[Mike Switzer]

Hi All

As timing would have it I also have had a run in with the local building
code folks.  I moved to this QTH last year.  I put up the antenna and tower
during the fall and early winter.  I did not get a permit or any variance
from the township.  I reasoned judging from the hundreds of TV towers at 30
and 40 feet my only violation would be not getting a building permit to put
the tower up.  A neighbor called her friend, the township supervisor; he
came out to pay a visit.  His argument was that the tower is a "structure"
and subject to local rules etc. When I suggested that all of the TV towers
were also "structures" he assured me they were not (why??).  As we continued
our discussion he conceded my point of view had some merit.  The ordinance
he sited stipulated a max height of 25 feet.  Almost 100% of the TV towers
are 30 or more feet in height.  During our conversation I made him aware
that this has been up for almost 1 year with no complaints.  He was unaware
of that and also found it strange for the neighbor to report it now.  I
suggested that the neighbor and I should work things out without his
intervention.  He agreed that he would prefer that as a solution and would
contact the neighbor.  At this point I made him aware of PRB-1.  I pointed
out, in a non threatening manor, that if I were to ask for a variance I
would most likely receive one.  I also pointed out that PRB-1 did not
preempt my getting a permit and asking for a variance, which of course I
failed to do at the start.  He asked what was thought of as "reasonable" for
an antenna and tower.  I suggested that my 50' tower with a tri band and
some VHF antennas might or might not be considered to be "reasonable".  I
live in a very rural area on 3 acres.  The supervisor called the neighbor
and told her to forget it.  When I stopped by his office with a copy of
PRB-1 he advised me to go ahead and crank it back up.  I had the tower down
for some work when this all began.  I think I am going to leave a sleeping
dog lie.  I am going to move in about 4 or 5 years so it would not be worth
the hassle.  I got lucky and I also know it might come back to bite me.  Oh
well just wanted to share a success story (partial) that did not involve
lawyers and planning boards etc.  

   

Mike

K8ZE