11-17-1986 Planning Packet - Laserfiche WebLink

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FI let believe a limited preemption policy Is warranted. State and local Sil" -::r.e ♦k« Because amateur station communications are only as effective as the antennas employed, antenna height restrictions directly affect the eff^tlveness of amateur communications. Some amateur antenna Installations than others If they the amateur operator with the communications that he/she desires to engage In. For example, an antenna array for International amateur communications will differ from an antenna used to contact other 8i.iateur operators at shorter distances. We will not, however, specify any J! height limitation below which a local government may not ^ ^ suggest the precise language that must be contained nr ? ®® mechanisms for special exceptions, variances, permits. Nevertheless, local regulations which antennas based on health, safety, considerations must be crafted to accommodate reasonably ^ ?o represent the minimum practicable regulationto accomplish the local authority's legitimate purpose. ^ ... Obviously, we do not have the staff or financial resources iLiVAVl “il ® ®'"»+®“^ operailons. We areconfident, however, that state and local governments will endeavor to fftrfiri? in+2r® J®^’?®'*«^^ords appropriate recognition to the Important ^®^® thereby avoid unnecessary conflicts with TtfleraI policy, as well as time-consuming and. expensive litigation In this area. Amateur operttors who believe that local or state governments have been overreaching a-d thereby have precluded accomplishment of their addition, use this document to bring our policies to the attention of local tribunals and forums. 6 We reiterate tnat our ruling herein does not reach restrictive covenants In private contractual agreements. Such agreements are voluntarily entered ;nto by the buyer or tenant when the agreement Is executed and do not isually concern this Commission,