Practical_Antenna_Handbook_0071639586

702 P a r t V I I I : M e c h a n i c a l C o n s t r u c t i o n a n d I n s t a l l a t i o n T e c h n i q u e s
may have recourse based on local law with respect to grandfathering provisions.
• Never depend on oral assurances from anyone that there is nothing prohibiting
you from putting up a tower! Get it all in writing. Do not expect your real estate
agent to be a zoning expert, building codes expert, or legal expert—or to do
your highly specialized legwork for you. A good agent will do everything he/
she can to understand your requirements and help you get in touch with people
who are experts in the areas you need—but your real estate agent is primarily
trained in the mechanics and psychology of helping property owners sell their
property. (In fact, in most states, “your” real estate agent is actually a subagent
of the seller unless you have made specific arrangements for your agent to act as
a “buyer’s agent” or “dual agent”. Note: The author who wrote this section is a
licensed real estate broker in one of these 50 United States and has served on his
local planning board for the past seven years.)
• If you have located a specific property that seems appropriate for your intended
radio uses but the zoning ordinance clearly requires a variance or special
use permit for erecting a tower, make the issuance of that permit a
contingency in your purchase offer and do not let anyone talk you out of it.
Once you have a signed purchase contract, immediately set about to clear the
contingency. This will most likely involve your appearing before the local
planning board or zoning board of appeals (exact names of these bodies may
vary from state to state) to make a brief presentation in support of your application.
Assuming you are successful, before you agree to close on your new
property be sure you have in your possession, in writing, all the relevant ordinances,
rulings, meeting minutes, and permits to allow you to proceed with
your tower(s) and antennas as soon as you become the new owner of the
property. Even so, this is not an ideal situation, since you will undoubtedly
need to return to the local board for any additional supports you may wish to
erect at a later date.
• Finally, it is always better to erect your towers and antennas sooner rather than
later. Zoning laws do change from time to time, and, depending on how they
are worded, construction projects that have not yet been started may well not
be protected by any supposed grandfathering provisions. To paraphrase an old
adage, “A tower in the yard is worth two in your dreams.”
If, when all is said and done, your “dream property” is going to require you to appear
in front of a town planning board or zoning board of appeals, or if you already
have a tower and unhappy neighbors are complaining about you at monthly town
board meetings, you need more help than this chapter can give you in these few pages.
By far the dominant reference for zoning matters related to towers and antennas, both
amateur and commercial, is authored by Fred Hopengarten, K1VR. Fred is both an active
amateur radio operator and a highly skilled lawyer specializing in antenna zoning
matters. The cost of either of his books (see the reading list at the end of this chapter) is
de minimus compared to the costs of a lawsuit or relocation. You can do no better than
to follow Fred’s recommendations at all stages of the process. In some circumstances,
volunteer counsel provided through the good offices of the American Radio Relay
League may be available to you and your own attorney—especially if your situation is