Steve,
It's not as easy as you think. I've been trying to get a tower permit
in San Jose for 5 years. I know I'm not the only one. There are no
hoops to jump through: unless you consider a lawsuit to be a "hoop".
The last time I spoke to a Sr. Planner I was told: "If you don't like
our ordinance, then you can go talk to the City Attorney". To the
best of my knowledge, K6KR was the last ham to get a tower permit in
San Jose. The building department would not even accept my building
permit application. They told me that they wouldn't accept something
that is in violation of the zoning ordinance. K6KR's permit was
issued as a result of a very liberal interpretation of the zoning
ordinance: a zoning ordinance that did not explicitly deal with
antennas. The building department got SEVERELY slapped for giving
K6KR his tower permit and they aren't about to give out another one
without a clear mandate to do so. I thought the building inspector
was going to have a heart attack when he saw my plans for the
foundation of a UST HDX-472! I was told that a variance is the only
option. Several lawyers told me it would be unwise to request a
variance. A special use permit, yes, but not a variance. I was told
that my only real option was a lawsuit, move to another city, or live
with it and/or put something up without a permit.
Fred's book is great and it does help many people get through this
mess, but it doesn't guarantee success without a lawsuit. Most people
have a tough enough time affording their mortgage in San Jose and they
don't have spare cash laying around with which to file suit.
Basically, the Planning Department seemed to be willing to wait it out
until someone actually filed a suit. Hey, they can do whatever they
want until someone sues, right?
On 6/27/05, K7LXC@aol.com <K7LXC@aol.com> wrote:
> In a message dated 6/27/2005 4:38:30 PM Pacific Daylight Time,
> towertalk-request@contesting.com writes:
>
> > I went to the City of San Jose Building Permits office on Friday and asked
> About the permit process to put up a freestanding 60 ft tower in my back
> yard. They said "can't do it" They won't issue tower permits. They told me
> That all the towers I see in San Jose are un-permitted. They had heard of
> PRB-1 and were in talks with the ARRL.
>
> > They implied that I should "do what everyone else does".
>
> That's right. Get a copy of the ARRL tower information (I don't know what
> the nomenclature of it is - sorry). Get a copy of K1VR's incredible book on
> towers and zoning, permit, etc. issues. Get a copy of the building codes.
> Contact your ARRL representative.
>
> You don't have any real questions or perspective yet. Do your homework
> with the above and THEN head to the building department.
>
> I know that K6KR screwed things up some years ago so there are
> restrictions but you should be able to do it by jumping thru all the hoops.
> Also the
> ham-law reflector is good when you get to the point of having specific
> questions
> - that's where are the legal eagles hang out.
>
> LXC Prime Building Department Directive: Find one person in the
> department who is either sympathetic or knowledgeable or both and stick with
> them. If
> you talk to 3 different people in the building department you'll wind up with
> 3
> different interpretations. Talk to other local hams who have gone thru the
> process and talk to them - especially if they can give you a name of someone
> in
> the building department.
>
> Cheers & GL,
> Steve K7LXC
> TOWER TECH
> _______________________________________________
>
> 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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>
_______________________________________________
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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