[TowerTalk] Zoning again

[wf3h at ptdprolog.net]

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