[TowerTalk] Fellow Ham in Trouble

Jim Lux jimlux at earthlink.net
Tue Sep 13 09:04:06 EDT 2005 

At 09:14 PM 9/12/2005, k0dan wrote:
>Another thing: just claiming that property values will decline because of 
>"ugly" does not prove the case. When one goes to court (which we all wish 
>to avoid) the legal teams on both sides will have "experts" testify 
>(realtors, land use experts, etc.) who will get into prevailing real 
>estate rates, historical trends, etc., etc. You could win or lose on these 
>points, and we usually don't want to go the mileage, but the planning & 
>zoning and council/commission people know this, and if they know YOU know 
>this they will not buffalo you with a bunch of BS. You need to read and 
>stufy the prevailing laws and trends and then use their own laws & trends 
>to make your case. You may be able to achieve this as a "civilain" or you 
>may have to employ an attorney, but you can't crumble because some people 
>percieve their property values are effected. You need to show that you are 
>within the letter of the law and that nearby and adjacent property values 
>have not been degraded because of yours (or others') antenna stuctures. GL 
>73 dan K0DAN


Probably better to post this sort of thing over on hamlaw, but..

number one thing to do: Get Fred Hopengarten's book on antennas, zoning, 
etc. from the ARRL.
www.antennazoning.com

number two thing to do: Call an ARRL Volunteer counsel.

Some of Fred's presentations from Dayton are online, too.


You don't want to start arguing issues you don't have to (property values 
being but one).

If you're fighting the PRB-1 battle, then impact on property values can't 
figure into it. Either they "reasonably accommodate" or they don't. Their 
reasons for not accommodating are immaterial.


  As Dan points out, you don't even want to start marching down the "battle 
of the experts" path, because the other side probably has more money and 
experts.  (Although, there have been some fairly rigorous studies done that 
show that many things that "realtors" claim will reduce property values 
don't, among them antennas.)

Very few land-use (zoning) type rules can be made on the basis of "property 
values", just because value is speculative.  You see rules based on 
"consistency of appearance and use": no factories next to houses". You see 
rules based on safety: No explosives plants next to a school.  You see 
rules based on morals: No adult bookstores within 1000 ft of an elementary 
school.  You see rules based on appropriate usage limits: "Must have 1/2 
acre to keep horses".

CC&Rs and HOA regulations, on the other hand, have relatively few 
restrictions, aside from not being blatantly discriminatory (No Kids, No 
Blacks, No Jews... all of which were not unusual 40 years ago).  If the HOA 
board gets it into their mind that propery values would rise if everyone 
painted their house pink, and managed to convince a sufficient number of 
homeowners, then that's the new rule.

As Bob pointed out, the FCC (and the courts) have pretty much preempted 
aesthetic concerns with respect to "reasonable" antennas and actual laws 
and ordinances. Reasonable does not mean 4 towers 200 ft tall with log 
periodic arrays, but also does not mean 30 ft TV mast with a 2 meter 
beam.  Somewhere in between.




>  Missouri ----- Original Message ----- From: "bob" <wf3h at comcast.net> To: 
> <WarrenWolff at aol.com>; <towertalk at contesting.com> Sent: Monday, September 
> 12, 2005 8:12 PM Subject: Re: [TowerTalk] Fellow Ham in Trouble > I had 
> to whip my local township into shape over this issue about 2 years > ago. 
> I reminded the township attorney that aesthetics were specifically > 
> forbidden to be used in deciding on providing a zoning permit for a 
> tower. > After looking up the law, she agreed with me and the township 
> changed their > zoning ordinance. > > These kinds of practices have to be 
> fought at every turn because 1 township > supporting restrictions is too 
> many > > Bob/WF3H > > ----- Original Message ----- > From: 
> <WarrenWolff at aol.com> > To: <towertalk at contesting.com> > Sent: Monday, 
> September 12, 2005 7:26 PM > Subject: [TowerTalk] Fellow Ham in 
> Trouble > > > > Fellow TTalkers, > > > > For those who are inclined, may 
> I suggest a short > > letter to  the City Planner at Grand Terrace CA - 
> - > > and/or a letter to the Voice of the  People in The > > San 
> Bernardino County Sun. > > > > One of our fellow hams has made the Local 
> Page > > of The  Sun.  His neighbors are upset over the 32 > > foot 
> “eyesore” he has  installed for his antennas. > > They say it is ugly 
> and reduces property  values, > > according to The Sun. > > > > The City 
> planner has said, “Yes”, then, “No”, > > and is now  wondering if 
> the answer should really > > be, “Yes”. > > > > It turns out Hans, 
> the ham, has never cranked his > > tower up  to the 55 foot 
> capability.  A few letters > > to Voice of the People are the  easiest, 
> but letters > > to the City Planner might be useful. > > > > The Sun’s 
> Voice of the People can be reached via > > _voice at sbsun.com_ 
> (mailto:voice at sbsun.com) .  They just received my > letter. > > > > 
> Regards, Warren; W5KKW > > 
> _______________________________________________ > > > > 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 at contesting.com > > 
> http://lists.contesting.com/mailman/listinfo/towertalk > > > > 
> _______________________________________________ > > 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 at contesting.com > 
> http://lists.contesting.com/mailman/listinfo/towertalk > 
> _______________________________________________ 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. 
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