There is talk that San Jose may finally implement a reasonable
ordinance soon. What is reasonable? I don't know yet, but there's
hope. It has taken years to get to this point. No lawsuits are going
to be filed any time soon, esp. since the city seems to finally be
willing to consider changing their ordinance. Only time will tell.
The point I was making with Steve was that there still are lots of
communities around that refuse to budge, in spite of PRB-1 or even
state versions of PRB-1. At this point in time San Jose is one of
them. They will not issue a permit. They will not allow you to file
a conditional or special use permit. Nothing. A variance (or
lawsuit) is your only option. I got this information straight from
one of the Senior Planners (actually, probably the top Senior
Planner). San Jose may change some day, but right now there are no
hoops to jump through. This is true in lots of communities. Fred's
book does a good job of walking you through process when there IS a
process, but even Fred admits that there are times when a lawsuit is
your only option. At that point, Fred's book can't help you...only a
good lawyer can (or a good moving company to move you to a
ham-friendly town).
On 6/27/05, k0dan <k0dan@comcast.net> wrote:
> This is an unfortunate state of affairs. I felt I should add just a few more
> chapters to the end of your message. I am involved with a group which is
> active in some zoning issues (in MO)...not ham related...but the rules of
> the road in planning, zoning, and working the city council procedures, etc.,
> is similar.
>
> If you DO get so far as to sue (good luck with the warchest) you need to
> win, and chances are you will be in more than one court. Typically, the
> district courts are set up to support the local boys, meaning you could well
> lose in your first court venue, and it is only until you get to some level
> of state appeals court will get a judge who will make a decision less
> influenced by local politics. At least that is the case here. In California
> or other high density metro areas, there could more complexity.
>
> Point is, an local and experieced development attorney should be able to
> give you the 10,000 foot view during your first interview, and hopefully
> before any agreement or retainer fees kick in. Suing may be the only
> (regrettable) option, but hire good talent, and know the likelihood of
> multiple court sessions. It is regrettable that the system is stacked
> against the little guy with limited resources. This certainly fits the
> ham/tower/antenna arena, but slops well beyond amateur radio as well.
>
> GL es 73
>
> Dan K0DAN
>
> ----- Original Message -----
> From: "Kelly Johnson" <n6kj.kelly@gmail.com>
> To: <towertalk@contesting.com>
> Sent: Monday, June 27, 2005 11:12 PM
> Subject: Re: [TowerTalk] Installing a New Tower - Trylon Titan T200-96'
>
>
> > 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.
> > >
> > > _______________________________________________
> > > TowerTalk mailing list
> > > TowerTalk@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@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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