[K3CAL] antenna restrictions
N3AE
n3ae at comcast.net
Wed Jul 1 16:36:11 EDT 2015
Brian,
Thanks for responding. Yes, we have both County zoning and private property covenants/private property restrictions (CC&R's) to contend with when considering putting up a tower
The FCC PRB-1 requires that local government ordinances (zoning regs) reasonably accommodate amateur radio installations. http://www.arrl.org/prb-1 . Many states have incorporated PRB-1 into state statutes as well. Unfortunately, Maryland is not among them.
Because private land use CC&Rs are recorded, they "run with the land" and bind all successive owners of a property to compliance with the restrictive covenants. CC&R's became a popular means for developers to help market properties by showing potential buyers that no one could put a junked car or trailer (or similar "nuisance") next to your house. The language of the CC&R's is entirely open to crerative literary construction, including language for outright restrictions and fuzzy language such as 'no one shall create a nuisance," leaving it to the HOA to interpret what is a nuisance, The developers made their money and are long gone, but the restrictions persist forever unless they were written with provisions for periodic review and amendment by the current owners.
The argument that you don't have to purchase properties with restrictions you don't like doesn't hold up anymore because almost ALL developments in the last 25 years or so have CC&R's .... difficult to escape them without significantly limiting your pool of possible properties. So I completely disagree with the view that "those HAMS who live in communities with property standards should have been aware of the antenna restrictions when they bought the house. If they feel the restrictions are unfair they should move to a community with out such restrictions. They should not ask the government to override a legal agreement made between private parties."
The simple fact CC&R's are now essentially inescapable is the reason behind the House bill HR1301 and the new Senate bill S1685.
I honestly believe that the "lowly" ham community is the sole agent behind these bills. I don't see any conspiracy with commercial interests behind it. And the bills, as written, do not overturn existing CC&R's but simply require that they have "reasonable accommodation" for amateur radio installations and not outright prohibitions.
An example of the prevalence of CC&R's.... I have some very rural property on a mountaintop in West Virginia. It takes a high road clearance 4x4 vehicle to even make it up the dirt road. And yes, it came with many covenants and restrictions which bind the land forever. Fortunately, antennas and towers are not among the restrictions in my case, but they easily could have been since often the CC&R language is simply "cut and past" from a fellow developer's last project.
Shawn
N3AE
OBTW ...if anyone cares, the current Calvert County zoning regs applicable to amateur radio towers can be found at:
http://ecode360.com/29297648Z
Look at section 3-3.03 for Towers -Private/Not for Profit. Excerpt below: The "height" is defined at the highest point including any antennas mounted on top.
D. Tower, Private/Not-for-Profit (Non-Commercial/Governmental) less than 75 feet in height provided that:
1. The distance between the base of the tower and the nearest property line shall equal no less than 75 percent of the height of the tower; and
2. Only one tower is permitted per lot or parcel unless a special exception is obtained from the Board of Appeals; and
3. The base of the tower shall be adequately screened from adjoining properties and the road so as to decrease the visual impact.
E. Tower, Private/Not-for-Profit (Non-Commercial/Governmental), greater than 75 feet in height provided that:
1. The distance between the base of the tower and the nearest property line shall equal no less than 75 percent of the height of the tower; and
2. Only one tower is permitted per lot or parcel unless a special exception is obtained from the Board of Appeals; and
3. The base of the tower shall be adequately screened from adjoining properties and the road so as to decrease the visual impact; and
4. The applicant demonstrates that the proposed tower will not degrade or cause interference to the County's wireless communication systems which include, but are not limited to public safety, administrative and school wireless systems.
----- Original Message -----
From: "KB3WFV via K3CAL" <k3cal at mailman.qth.net>
To: "Calvert Amateur Radio Association - K3CAL" <k3cal at mailman.qth.net>
Sent: Wednesday, July 1, 2015 12:02:53 PM
Subject: Re: [K3CAL] antenna restrictions
There are two aspects to the antenna restriction topic that often seem to get blended together.
1 - local town, city, county and state zoning rules, regulations and laws
2.- private property home owners associations, rules regulations covenants, or property standards
The first, local town, city, county and state regulations that affected HAMS were written in an en effort to control the explosion of cell towers. These regulations as they affect HAMS have been addressed with a MEMORANDUM OPINION AND ORDER (FCC 85-506) Federal preemption of state and Local Regulations Pertaining to Amateur Radio Facilities.
http://www.arrl.org/antenna-regulation-and-zoning
This is an old memorandum (seems to me there is a newer one - but I cannot find it right now)
This memorandum basically states that local town, city county, and state regulations cannot prevent the installation of HAM radio antennas so long as they are installed in accordance to local building code.
The Second aspect (private property regulations) is what the Amateur Radio Parity Act of 2015 is trying to overrule.
This bill would override the agreement that has been made between private parties. In a community where property standards or covenants are in place. A Home buyer agrees to guidelines that regulate the appearance of the property they are purchasing. Size of home, color, sheds number of cars storage of boats, RVs etc can all be regulated to meet and exceed the basic government zoning standards to ensure that the community maintains a desired appearance and property value.
Realtors are required by law to advise the potential home buyer of the existence of the covenants controlling property standards. They are enforced by a homes association which often includes an annual fee charged to the home owner to support the association or board that over sees the property standards.
Those HAMS who live in communities with property standards should have been aware of the antenna restrictions when they bought the house. If they feel the restrictions are unfair they should move to a community with out such restrictions. They should not ask the government to override a legal agreement made between private parties. Must be the same people who move into a house located next to an existing airport, complain about the noise and incite the government to restrict its use.
It seems unlikely that the lowly HAM radio community has enough clout to generate not only one bill but TWO bills related to antenna restrictions. It is more likely that these bills are being pushed by the recently digital over the air TV conversion and cell companies wishing to compete with cable and satellite companies.
Remember digital signals are bi-directional so suddenly broadcast tv (over the air) can now charge for their products, But only if there are customers with antennas to receive them.
It is very likely that there is MUCH more to these two bills than just antenna restrictions. I wonder how the slight of hand pork barreling in these bills would affect us as Americans ???
Brian K
KB3WFV
--------------------------------------------
On Tue, 6/30/15, N3AE <n3ae at comcast.net> wrote:
Subject: Re: [K3CAL] antenna restrictions
To: "Reflector, K3CAL" <k3cal at mailman.qth.net>
Date: Tuesday, June 30, 2015, 10:30 PM
And
if you think these two bills don't face any opposition,
read the links below.
http://www.caionline.org/govt/advocacy/regulatory/Pages/HamRadioOperation.aspx
http://www.caionline.org/govt/news/blog/Lists/Posts/Post.aspx?ID=112
If
reading this hogwash upsets you like it did me, you'll
write to your representatives asking them to sign on as
co-sponsors. These HOA's are becoming shadow
governments trying to control as much of your life as they
possibly can.
Recommend following ARRL's
recommendations for a snail-mail letter using their
template. I've tried emailing Hoyer and got a
response, but I doubt he actually saw or read my email.
Probably the same is true of snail-mail but a collection of
similar letters DOES have an effect.
Shawn
N3AE
From: "Bob
N3PPH" <bob at n3pph.com>
To:
"CARA" <k3cal at mailman.qth.net>
Sent: Tuesday, June 30, 2015 3:04:56
PM
Subject: [K3CAL] antenna
restrictions
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{font-family:Tahoma;font-size:12pt;}Some have
or have friends that can't put up antennas due to
the HOA's and the like. At this point bills in both
chambers of congress are trying to address this in our
favor. The article is here. Our
represenatives are Steny Hoyer http://hoyer.house.gov/ in
the house, Ben Cardin http://www.cardin.senate.gov/ and
Barbara Mikulski http://www.mikulski.senate.gov/ in
the senate. 73,Bob
N3PPH
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