[TowerTalk] [ham-law] Update on height restriction in PA - again
K7LXC at aol.com
K7LXC at aol.com
Fri Mar 19 09:47:02 EST 2004
I guess this didn't forward previously.
Cheers,
Steve K7LXC
>> A few months ago I went to my local township to challenge their zoning
restriction setting a 30' tower height without a 'special exception' permit.
The special exception did not recognize PRB-1 and did not make 'reasonable
accommodation for amateur radio.
Relying heavily on the Federal Court decision last August when ham radio
operator Orin Snook courageously challenged (at great expense) a similar law in
his township, I summarized 7 court cases requiring townships to incorporate
PRB-1 into their zoning laws, and presented this info to the township. Yesterday
the township solicitor told me that they've reviewed the info and found that a
'limited pre-emption of the zoning rules' is in order. Further, they want to
work with me administratively to resolve the issue. In April they'll make a
final determination about my 50' tower, but right now it's looking pretty good.
Right now it looks like another victory for ham radio, PRB-1, and the
consistent struggle by hams like Orin to maintain our rights.
Thanks to all hams who've fought this battle before me. And, thanks to the
FCC for issuing PRB-1 which places ham radio in a special category above and
apart from other zoning issues. I'll keep everyone posted
Bob/WF3H
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