[SEDXC] FW: ND4V Tower Update

[Mike, ND4V]

Thank you!  
 
Thank you all for the e-mails of support and especially thanks to those who
came the zoning appeals meeting tonight.  I believe we made an impression on
the Zoning Appeals Board and hopefully on the Mayor and the city council
member who were in the audience.
 
At the Zoning Appeals meeting tonight Mr. Koontz of the Community
Development Department reported to the Zoning and Appeals Board the
department had checked with the City Attorney and had consulted other
municipalities regarding the issue of ham towers.  Mr. Koontz went on to say
that most communities' ordinances allow towers for receive only and amateur
radio antennas that are under 70 feet.  He stated that the City of Norcross
ordinance had probably been copied from another municipalities' ordinances
and that the paragraph in our code which stated that the "ARTICLE" did not
apply to towers under 70 feet appeared to be a case in which the copy and
paste did not fit into the structure of our City Code.   {ND4V note: While
it appears that the paragraph intended to exempt ham towers, the wording
actually stated that the entire ARTICLE does not apply to towers under 70
feet.  That meant that the opening sentence of Article VII, that said *this*
ARTICLE governs structures that exceed the height limitation in the zoning
section was null and void with respect to ham towers.  That left the 35 feet
limit for R-100 zoning which appears in a different ARTICLE in full force
and effect.}   Mr Koontz stated that it was the City Attorney's
recommendation that the City amend the ordinance to allow ham towers in
accordance with past precedence and intent.   He stated that the required
public hearings would take 3 months and asked the Appeals Board to table the
request before them for a variance until January's meeting at which time a
new City ordinance would hopefully be in place and our application could be
dismissed.  Our attorney, Jim Altman, W4UCK stated that we supported that
position with the reservation that if the City failed to amend the code, he
reserved the right to add our justification for the granting of the appeal
to the record at the February meeting.  Motion and second to table until
February 28 to allow time for any slip up. Passed.
 
So, if all goes well,  (that's still a big IF)
 
Community Developement will have an ordinance ready for review at the next
meeting of the Zoning Board.
 
The Zoning Board will recommend up or down to the City Council  (who are not
bound by that recommendation)
 
There will need to be a public hearing  (I may call on you for support again
here)
 
The City Council will vote in January
 
and then we will be "legal"  (ever the optomist)
 
At the February meeting of the appeals Board, our request for a height
variance will be dismissed.
 
Once again Connie and I thank you for your support. It is greatly
appreciated.  
 
See you in the pileups
 
de mike, ND4V