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Re: [TowerTalk] Town Code Definition Conundrum

To: k1ir@designet.com
Subject: Re: [TowerTalk] Town Code Definition Conundrum
From: "Alan C. Zack" <k7acz@cox.net>
Date: Fri, 16 Apr 2004 20:09:24 -0700
List-post: <mailto:towertalk@contesting.com>
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@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
>
> _______________________________________________
>
> 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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--
__________________________________________________________________________
 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
 U.S. Coast Guard, Always Ready, Always There
 Every hour, Every day, Around the Clock and Around the World
 SEMPER PARATUS
 http://www.gocoastguard.com/


_______________________________________________

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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