[TowerTalk] Tower Permit

Fri Mar 21 12:56:23 EDT 2008

Eric:

I went through a tower permit process about 3 years ago and it also required neighbor notification (everyone within 300 ft of my property lines). They provide a list of the names, and mail out a copy of my application to all of them. I live in a view property area so there is more than the usual concerns. Three neighbors objected, and they were each told that even if the city wanted to refuse my application, that Federal Law (PRB-1 and our States Equivalent to that) prevailed and they couldn't refuse me. I don't know if you have an equivalent law in Canada. If you have CC&R's, that is an entierly different situation and you probably would have a tough time getting an approval.

The last time the city refused a tower permit, it ended up in court (ham was also a lawyer), lost the case, and had to pay the hams legal fees to fight it. My permit was awarded and the tower is now installed.

John Owens - N7TK

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> 1. Re: CCR's -- Am I being too paranoid? (Eric - VE3GSI) 
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> Message: 1 
> Date: Fri, 21 Mar 2008 11:46:12 -0400 
> From: "Eric - VE3GSI" 
> Subject: Re: [TowerTalk] CCR's -- Am I being too paranoid? 
> To: 
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> 
> Robert, 
> 
> > 
> > The key word here is unsightly objects. Are towers/antennas 
> > considered to be unsightly objects? 
> > 
> 
> Perhaps I am biased, my comment and I am sure all on this reflector would 
> reply with a responding NO! Like I said before, biased. 
> 
> I just completed a second tower at 72 feet, on my property with-in our town 
> limits. I did ask 'the town' if I needed a permit, the answer was yes. It 
> was easy enough to pay the 50 bucks and have the blessing of the town and as 
> my sister-in-law (a clerk for another township) pointed out, "cheap 
> insurance against any potential issues with the tower that may arise later." 
> 
> Here in Canada, RAC (our national answer to ARRL) tell us when putting up a 
> tower (RAC also wants me to call it an antenna structure), you must asked 
> your neighbours. I personally think asking neighbours is a crock of 
> b****s***. It is my property, I pay the taxes on my property, not my 
> neighbours. Personally I don't think neighbours need to be involved, nor can 
> they tell you what you can erect on your land if the municipal government 
> who takes your tax moneys says otherwise. 
> 
> Can you tell I am not a lawyer? Just a Ham who needs to vent and have a 
> tower to enjoy a harmless hobby. But, as others pointed out, perhaps a chat 
> with a legal beagle might not be a bad idea. 
> 
> GL Eric - VE3GSI. 
> 
> P.S. I am a member of RAC. 
> 
> 
> 
> 
> > -----Original Message----- 
> > From: Robert Crews 
> > Sent: March 21, 2008 10:08 AM 
> > Subject: [TowerTalk] CCR's -- Am I being too paranoid? 
> > 
> > 
> > 
> > Last week I made an offer on an 11-acre property outside of 
> > Kingman, AZ. It was accepted and yesterday the title company 
> > sent me a copy of the property's CCR's to sign off. There is 
> > no mention ANYWHERE within the CCR's about towers, antennae, 
> > height limitations, or any communications equipment. However, 
> > one item caught my attention: 
> > 
> > "(9) No noxious or offensive trade or activity shall be 
> > conducted upon any portion of said land, nor shall anything 
> > be done thereon which may be or become an annoyance to the 
> > neighborhood; and no refuse piles, junk piles, wrecked car 
> > bodes, weeds or other unsightly objects shall be permitted to 
> > be placed or to remain upon said land unless completely 
> > hidden from view from any neighboring property or access 
> > road, and in the event that any of such owners shall not 
> > comply with the above provisions, then declarants, or their 
> > successors and assigns, shall have the right to enter upon 
> > said land and remove the offending objects at the expense of 
> > such owner, who shall repay the same upon demand, and such 
> > entry shall not be deemed as trespass." 
> > 
> > The key word here is unsightly objects. Are towers/antennas 
> > considered to be unsightly objects? 
> > 
> > Some further facts about the area. The county building 
> > inspector gave me a copy of communications towers rules -- 
> > Amateur Radio and CB are totally exempt -- no building permit 
> > needed. Only setback rules need to be followed. One 
> > neighboring property has a 40-foot windmill tower. Another 
> > has a mobile home that has been gutted. There is NO 
> > homeowners association. The area is very rural with 5- to 
> > 10-acre parcels the norm. 
> > 
> > Am I being too paranoid or is this a red flag? 
> > 
> > Bob / K1VA 
> 
> 
> 
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> End of TowerTalk Digest, Vol 63, Issue 49 
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