Discussion in 'Ham Radio Discussions' started by KN4DQE, Feb 10, 2020.
"Romanes eunt domus? People called Romanes, they go the house?"
Generally in the counties near me in CO, wet stamp drawings from a CO licensed PE are required. I think that most of the reason is the dramatically varying wind and soil conditions that could be encountered within the same county. I‘d guess that the soil, water table, and hurricane issues in FL are a reason for their similar requirement.
That all makes some sense.
We don't need that here. We have earthquakes.
Funny part is, I've never seen or even heard about a ham tower being damaged or falling over due to an earthquake. "If it all shakes together, it all stays together" or something.
Things aren't looking good...I sent a note to the city zoning department last week and of course they never got back to me. I called today and they said they saw my email, which is frustrating because no one ever responded.
Of course they immediately state that this isn't something they don't usually deal with because the ordinances don't cover amateur radio towers - meaning she believes that it would be considered an "accessory structure" which would only be limited to 12 feet. She forwarded me to the director, whom apparently also saw the email but no response. I left a voicemail, but the thing that chaps my ass is that from what she said it's basically up to their interpretation of what it would be classified as, since it's not covered under the ordinances. So if they don't deem it to fit into the community they could basically just say no. I tried explaining that its not a cell tower (because she kept calling it that), and that it's a small footprint (2x2 at best). I hate dealing with the city.
Do a search on Florida Statute 166.0435.
166.0435 Amateur radio antennas; construction in conformance with federal requirements.—
(1) No municipality shall enact or enforce any ordinance or regulation which fails to conform to the limited preemption entitled “Amateur Radio Preemption, 101 FCC 2d 952 (1985)” as issued by the Federal Communications Commission. Any ordinance or regulation adopted by a municipality with respect to amateur radio antennas shall conform to the above cited limited preemption, which states that local regulations which involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to reasonably accommodate amateur communications, and to represent the minimum practicable regulation to accomplish the local authority’s legitimate purpose.
You are simply going to have to educate these folks.
You might draw their attention to muni code Section 118-265 which prohibits "communication towers" in residential areas, but then this is superseded by Section 70-26 which exempts amateur radio towers:
As such, I'd hire an attorney who is skilled and experienced in zoning laws and ask him to just write a lawyer letter for you addressing this conflict and apparent allowance of amateur radio towers, send them a copy, keep a copy. See if they reply.
Applicable to constraining prohibitive municipal ordinances which apparently don’t exist in his community.
To the OP:
Have you contacted your neighbors N6AR and W4WBZ? They're both in your town and quite close to you and both have towers with stacked beams on them.
What does that mean?
Since "prohibitive municipal ordinances don't exist" he can then put up anything he wants? I don't understand what you are saying.
The section which you quoted prohibits municipalities from “enacting an ordinance which fails to conform “to PRB1. In the case cited, KN4DQE indicated there is no local code making the issue moot . Consequently, he seems left with a determination based on interpretation as he described that it would be considered an “accessory structure” apparently limited in height to 12 feet. In any case, neither PRB1 or the reg you cited applies.
In other words, that’s why ‘God’ invented adjudication. Or the devil depending on your opinion of lawyers.