Ham Radio Restrictive Tower Ordinance in NC!!

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[RandysRight]

You may recongnize the town of Shelby, NC as the home of the Shelby Hamfest, one of the largest hamfests in the United States. Shelby, NC is also the county seat of Cleveland County, NC, a county which now has what may be one of the most restrictive tower ordinances in the country.

At the most recent County Council meeting, held on Nov 16,2010, the council members voted to put sweeping restrictions in place regarding the erection of what they deem to be a tower. These restrictions include: Obtaining a conditional use permit. The application to obtain a conditional use permit must include the following information:

Name, address and phone number of the owner (or agent) and the tax map/block/lot. A boundary survey and vicinity map, total acreage, zoning classification(s), adjoining streets, railroads, water features, date, north arrow, and scale. Adjoining property owners’ names, addresses, tax map/block/lot, and existing land use(s). Proposed use of all land and structures, including the number of residential units (if applicable). Proposed number and location of all structures, their approximate area and exterior dimension, to include height. Screening required by this chapter and/or proposed by the applicant. All existing easements, reservations and right-of-way. Floodplain areas as shown on the FEMA Flood Hazard Boundary Maps. Traffic, parking and circulation plans, showing the proposed location and arrangement of parking spaces and ingress and egress to adjacent streets. Notification of surrounding residents A public hearing. At the public hearing, the board may approve the application, deny the application or request additional information including, but not limited to, the following: Existing and proposed topography. Stormwater drainage. Existing and proposed water and/or sewer lines and fire hydrants serving the project. Proposed number, type and location of signs. Traffic impact study prepared by a qualified engineer or planner. The study shall include: Existing traffic conditions within the study area. Comparison of traffic volumes generated by the existing and proposed development, including the morning peak, afternoon or evening peak, and the average annual daily traffic levels. Distribution of existing and proposed trips through the street network. Analyses of the capacities of intersections located within the study area. Recommendations for improvements designed to mitigate traffic impacts and to enhance pedestrian access to the development. Other pertinent information including, but not limited to, accidents, noise, and impacts of air quality and other natural resources. Environmental impact statement including, but not limited to: Statement of purpose and need. If project proposed by public entities, a list of alternatives considered. Description of the environment affected. Short and long term consequences of the project on the environment, including any adverse impacts which cannot be avoided. List of means which could be employed to mitigate any negative effects on the environment caused by the project. Interestingly, this county ordinance was passed in the face of prevailing state law:

Quote: § 153A-341.2. Reasonable accommodation of amateur radio antennas. A county ordinance based on health, safety, or aesthetic considerations that regulates the placement, screening, or height of the antennas or support structures of amateur radio operators must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the county. A county may not restrict antennas or antenna support structures of amateur radio operators to heights of 90 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety, or aesthetic objective of the county. (2007-147, s.2.)

One local amateur radio operator inquired of the local planning department as to whether these two items would be considered “towers” and, as such, require the approval and permitting processes.: http://www.dxengineering.com/ Parts.a…No=HYG-AV-18HT http://web.mit.edu/zacka/www/ antennatower.html The answer was yes. Both of these would be classified as towers and would require a permit. Interestingly, though, a thirty foot mast with a bird house at the top would not be considered a tower and would not require permits or inspections. Likewise, a twenty foot tall flagpole would not be considered a tower and would not require conformance to the process. Ironically, a thirty-foot Rohn- 25 with an antenna for 11m or television reception would not be subject to the new ordinance as the new ordinance was written specifically for amateur radio.

Regarding the issue, the local newspaper carried this article.

If you would like more information, please contact me (ki4zji@arrl.net).

If you would like to view the actual text of the ordinance, the ordinance as it was proposed by a commitee of amateur radio operators or listen to the actual audio of the comissioner’s meeting, please visit www.ai4rf.com (thanks, Frank, for all your hard work).

73, Randy Ross, KI4ZJI An ARRL Trained PIO Director, Foothills Weather Net (www.foothillswx.net)

[mylife]

CQ CQ

[re_nortex]

CQ CQ

QTH?

The article states:

Ironically, a thirty-foot Rohn-25 with an antenna for 11m or television reception would not be subject to the new ordinance as the new ordinance was written specifically for amateur radio.

I guess that situation is covered by the FCC's OTARD rules, which is intended to cover local (not DX) OTA for television. A lot of homeowners aren't even aware of that exemption and are afraid to put up even a modest antenna.

But back to the Shelby situation -- I'm among those that consider a big, honking ham antenna to be a thing of beauty. It always grabs my attention when I see one and I've found most amateur operators respond kindly when I catch one of them outside in the yard and strike up a conversation about it.

By the way, how do you folks deal with WAF concerns? Is there maybe something hardwired into the Y-chromosome that makes us like ham gear, antennas, rotors and other RF gear? :-)

[mmercier]

I helped my uncle put a 50 foot ham tower on his house. Neither of us give a spit about a permit. Hope they don't come take him away.

I helped assemble a 120 foot radio tower at the Dracut MA police station. Scariest friking thing I ever did.

[Not now, Not ever!]

Wonder if the stupidvisors have ever heard of PRB-1?

Bet they will soon.

[The_Media_never_lie]

I helped assemble a 120 foot radio tower at the Dracut MA police station. Scariest friking thing I ever did.

Early in my career, I used to occasionally change a bulb or inspect contractor's work on microwave towers. I had become accustomed to climbing, so it was no big deal. One day I was climbing inside the tower while two of the contractors climbed on the outside of the tower. Needless to say I didn't appreciate the tower gyrations caused by the climbers shaking the tower on that windy day. The other climbers were amused.

Yes, I'll bet assembling the 120 foot tower was a scary thing to do!

[spokeshave]

best bent wire.

[MissWX]

If the person / people involved haven’t done so already, they would benefit from contacting Chris Imlay, W3KD, General Counsel at ARRL headquarters.

[109ACS]

best bent wire

bens best bent wire

[Clinging Bitterly]

By the way, how do you folks deal with WAF concerns?

I install new gear or put up new antennas while she is sleeping.

[N. Theknow]

Is it Kosher for a Jew to operate a Ham radio?

[halfright]

A better question is: Do the muzzie ham radio operators know they are classified as Hams and that their 72 virgins look like Porky Pig?

[Ohio Hermit]

It took me three appearances in front of the zoning appeals board and 18 months to get final approval for my 50 foot Rohn 55 bracketed tower. Permanent approval was contingent on having no interference to neighbors. When told that interference was an FCC jurisdiction, the board threatened to withdraw all approval, so I shut up.

Now, with final approval, it’s time to try out the 6M KW...

Herm

[Clinging Bitterly]

Serious PRB-1 issues there.

Years ago I bought a tower from an estate. I haven't been in a setting where I really want/need to put it up yet, but when I do I don't plan on asking anyone’s permission.

[Vaduz]

QRP

[GailA]

marked to show hubby later...he’s a ham radio operator.

[CodeToad]

I think the FCC has rules about making rules against amateur radio.

[Constitution Day]

Interestingly, though, a thirty foot mast with a bird house at the top would not be considered a tower and would not require permits or inspections. Likewise, a twenty foot tall flagpole would not be considered a tower and would not require conformance to the process.

The answer is simple. Just put a birdhouse on top of your ham radio tower.

NEXT!

[maine yankee]

Does anybody think this is a ‘test case’ situation ?

If this place gets away with this, it will set a precedent for other communities to control information via ham radio.

Who will this gov’t come after they control the Internet ?

[Pilsner]

CQ CQ

LOL

It took years, when I became a Poli Sci major, to think Congressional Quarterly when someone said "CQ".