With the tower problems in Clatsop County, I have been hearing a lot about other's experiences. It turns out that the issue in Clatsop County continues. At the last hearing, it appeared to be resolved, but the neighbors complained to the newspaper and that the County Commissioners withdrew their decision. The Larkins must appear at the April 25th meeting at 6:00 p.m. to continue petitioning to keep their tower.
Even though I know this won't work for everyone, I ask Vince K7VV to tell about how he successfully dealt with Marion County. Below is his advise.
Bonnie AB7ZQ
Oregon Section Manager
How to Cope With "The Tower Problem".
Let's assume you're about to put up that new tower, or, alas, have already had a visit from either a City or County Building Inspector because you have attracted the attention of one of your neighbors. Now you have to go down to the City/County Building or Engineering Department and 'get the permit'.
First, and maybe the most important thing to consider, is how you present yourself to them. Come dressed as if for a business appointment. You are, after all, 'doing business'. In other words, look what mother used to call 'presentable'.
Second, remember that most of the City/County people you will deal with will have little or no knowledge of what amateur radio is, or what we do. So, it's a good idea to go in with a copy of your FCC license to show them that, yes, we are a legal service, licensed by the Federal Government, we do have communications skills. Bring your ARES/RACES 'yellow card' (you are a member of ARES, right!) Be prepared to talk about the role of amateur radio in disasters. They may know, or you might have to mention, how ARES supports the City/County in these situations.
Third, and very important, be civil, be polite. In short, give the City/County employee a reason to want to help you, not hinder you. No raised voices, no talking down to them, no air of superiority. Almost always that employee is there to help you; your job is to facilitate that, give them a reason to want to help you.
Fourth, bring in copies of the following: PRB-1, to show Federal involvement and concern with the problem.
Very importantly, bring a copy of Oregon Revised Statue (ORS) 221.295.
You can get this by Googling the internet for Oregon Revised Statues, or use the text below. Read it before you go to the building department; know exactly what it says.
Also before you go to the meeting look up your local City or County building code and find the section that applies to amateur towers. In a good many cases the language is really intended to deal with a. cell towers, b. TV antennas, c. CB antennas, and really says nothing about amateur radio at all. This can be important. Also read the City/County Zoning Code. Some may require special zoning permits, others will permit amateur towers outright either directly or implicitly. If you can't find the above items the Building Department should be able to help you. In fact, the strategy of nicely asking to see them will give you a clue about how much they know about their own rules and regulations. Again, be patient, ask, 'May I see', and then, 'Gee, this seems to say that I don't need' a special use permit, a zoning permit, a variance or whatever... Help them come to your conclusion.
Fifth, and now we come to the hard part. Following is the exact wording of the Oregon Revised Statute:
221.295 Ordinances regulating placement or height of radio antennas.
Notwithstanding ORS chapters 215 and 227, a city or county ordinance based on health, safety or aesthetic considerations that regulates the placement, screening or height of the antennas or antenna 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 city or county. However, a city or county may not restrict antennas or antenna support structures of amateur radio operators to heights of 70 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety or aesthetic objective of the city or county. [1999 c.507 §1]
Look carefully at the wording. The standard is 'reasonable accomodation'. The statute then tries to help define that with a height allowance of 70', UNLESS there is a CLEARLY defined reason why not. Also, the restriction must be to 'achieve a CLEARLY DEFINED health, safety or aesthetic objective'. The fact that one of your neighbors thinks it's ugly (imagine THAT!!) probably isn't enough to deny you a BUILDING PERMIT.
You need to be clear that you're not a commercial business. You do not need 'permission' to be a ham operator and put up an antenna, the Oregon Revised Statue and, to a limited extent your amateur license, gives the permission. BUT. And here is the but. You may very well be required to get a building permit. A building permit is ONLY to ensure that the tower/antenna you are putting up is safe. Frankly, that's not a bad idea. I don't want my neighbor putting a steel tower up next to a 440Kv power line either! So they may want engineering specs and drawings of some kind, or they may not. In my own case the county originally asked for seismic data, still thinking I was putting up something like a cell tower, when the antenna was a piece of 4" irrigation pipe standing up as a vertical!
None of this is of any use, at the moment, in dealing with CC&R's, home owners associations, rental agreements or the restrictive language in your deed. That is a whole different world, and not a ham friendly one.
Hope this helps. If you get into a battle you might want to back away and let everybody cool off. In one case I had to wait a few weeks and then went in to see the head of the building department and the head of the planning department, and they sorted it out for me. In the worst of circumstance, of course, you might need formal legal help. At which point I need to say: "None of the foregoing shall be seen as offering legal assistance or advise, nor as a complete, true and accurate rendering of the law."
Vince K7VV