[TowerTalk] DEED RESTRICTIONS FOR ANTENNAS

[Tom Anderson]

Years ago when we lived in another city I wrote the mayor before putting up 40 ft. of Rohn 25 and asked him if the city had ANY restrictions on ham antennas and he wrote back on city letterhead that the city didn't.  Well a couple years later some folks were angry at another ham because of the tower he put up.  During the city council meeting the mayor announced that the city regulated all towers by ordinance.  When it came to public discussion I got up and gave the mayor a copy of his letter and asked him if it was his letter plus reading it aloud and he had to quickly retract his statement saying he "forgot" the city didn't have any regulations.  It was fantastic watching him retreat, but the city finally (with ham input) passed a 50 foot tower limit, since it already had in place setback requirements from years before.  Since lots in that city were all fairly small one couldn't put up a 90 ft tower anyway, but at least we got 50 ft. in an ordinance
 (none of the ham towers then in place were over 50 ft anyway).

The city did get by with a fast one a couple meetings later by passing an annual inspection ordinance that the next mayor had abolished because he felt it was too intrusive.

Only 1 of about 40 ham towers failed, but the city's police and fire communications tower was deemed by the outside inspector in his public report (the inspector owned a tower erection company and was well qualified)to be severely overloaded and the school district's 100 ft radio tower for communicating with school buses was deemed in imminent danger of collapsing.  The city tried to get him to inspect ham towers only, but he refused saying he would inspect every tower in town (this was before cell towers)or none at all.  I had a soft drink ready for him when he came by my house!

As an FYI all of the neighbors and the ham who were feuding and started the mess over his HDBX48 ended up divorcing their spouses (really).  Also the neighbors claimed the ham was causing all kinds of interference and actually threatened to take a hacksaw to his tower.   Funny thing was none of the coax he had on the tower was even connected to a radio or anything else.  There wasn't an N-connector or a PL259 on any of the RG8.  Yes I was in the ham's house a couple times and saw the cable.

73 de Tom, WW5L  

--- On Sat, 3/5/11, K8RI on TT <k8ri-on-towertalk at tm.net> wrote:

> From: K8RI on TT <k8ri-on-towertalk at tm.net>
> Subject: Re: [TowerTalk] DEED RESTRICTIONS FOR ANTENNAS
> To: towertalk at contesting.com
> Date: Saturday, March 5, 2011, 10:45 PM
> On 3/5/2011 5:52 PM, Cqtestk4xs at aol.com
> wrote:
> >
> > I got this advice from a pro (K1VR, who is a lawyer
> specializing in  these
> > matters).  IF THE CITY DOES NOT REQUIRE A PERMIT,
> TO GET A  LETTER ON
> > OFFICIAL LETTERHEAD STATING NO PERMIT IS NEEDED FROM
> BOTH THE ZONING  AND BUILDING
> > DEPARTMENT.
> It varies from area to area.
> Here it's stated in the ordinances, no permit is needed 80
> feet and 
> under. (A ham a block over tells me its been raised to 100'
> since mine 
> went up). Over 80' (or 100' now) they require the
> installation be 
> engineered, but in my case they were willing to go by the
> ROHN book.   
> They will not give you a letter, nor will they issue a
> permit if none is 
> needed.  In the past several have said they would get
> a permit for the 
> installation any way which is why I mention that.
> 
> It depends on the location and the board!
> 
> >
> > My deed restrictions in the area I am building are
> very  nebulous...same
> > crap about noxious activites/nusiances and all that
> sort of  baloney.
> 
> That is the important clause and they can make it mean
> anything they 
> want. If you have a neighbor who doesn't like antennas they
> become 
> noxious the catch *might* be the way it's worded.
> I'd certainly get a letter from the HOA clarifying and
> specifically 
> permitting your tower(s) and make the sale contingent on
> that letter.
> 
> As Bill said, YMMV
> 
> 73
> 
> Roger (K8RI)
> 
> 
> > However, nothing about antennas/towers or height 
> rerstricitons.  Five or six of
> > the neighbors upon seeing all the activity  on
> the lot I just bought were
> > asking all sorts of questions and eventually
> sent  me a certified letter saying
> > they were P.O.ed about any towers that would be 
> over 40 feet and that
> > multiple towers were even worse.  The letter was
> sent  after they contacted a
> > lawyer.  I heard through the grapevine that
> their  lawyer told them nothing
> > could be done.  We'll see.  I don't
> think  they'll be very happy with three
> > 199.999 foot rotating  towers.
> >
> > My adivce is to visit K1VR's site and perhaps pick up
> his book that  has
> > lots of good advice on these matters.
> >
> > YMMV.  Good luck.
> >
> > Bill K4XS/KH7XS
> >
> >
> >
> >
> >
> >
> >
> >
> > _______________________________________________
> >
> >
> >
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> > TowerTalk at contesting.com
> > http://lists.contesting.com/mailman/listinfo/towertalk
> >
> 
> 
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