I would post this on the ham-law reflector, but that doesn't seem to work for
me.
My local zoning regulates tower height to 30'. There is a 'special exemption'
clause which, for $750, gets me a public hearing, with all neighbors within
200' allowed to give input. A decision on the matter is then made by the
zoning board, based on 'aesthetics, effect on the neighorhood', etc. I want
to put up a 48' tower.
My questions is:
Does PRB-1 and subsequent case law allow them to hold a hearing? I can
understand, and am willing to pay $750, but if PRB-1 says it is primae facie
unlawful to restrict antenna height to 30', then what's the point of a public
hearing?
I have the option of trying to convince the township solicitor that holding a
hearing is irrelevant since there are no grounds to deny me a 48' tower. I'd
rather go this way. Can a legal argument be made that the hearing is invalid
and/or unlawful insofar as it supports restricting antenna height?
Thanks, all.
Bob/WF3H
_______________________________________________
See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless Weather
Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any questions
and ask for Sherman, W2FLA.
_______________________________________________
TowerTalk mailing list
TowerTalk@contesting.com
http://lists.contesting.com/mailman/listinfo/towertalk
|