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U <br />localities routinely emplcy a variety of land use devices to preclude the <br />installation of effective aniatgijr antennas, Including height restrictions, <br />conditional use permits, bul;ding setbacks and dimensional limitations on <br />antennas. It sees a deciar--1+k1ry ruling of Federal preemption as necessary <br />to cause municipalities to accarmodate amateur operator needs in land use <br />planning efforts. <br />15. James C. 0' Connell, an attorney who has representcA several <br />amateurs before local zoning authorities, said that requiring amateurs to <br />seek variances or special use approval to erect reasonable antennas unduly <br />restricts the operation of amateur stations. He suggested that the <br />Commission preempt zoning ordinances which impose antenna height limits of <br />less than 65 feet. He s3ld that this e'ght would represent a reasonable <br />accommodation of the communication needs of most amateurs and the <br />legitimate concerns of local zoning authorities. <br />• •. �• •nr -� <br />16. The City of La Mesa, California has a zoning regulation which <br />controls amateur antennas. Its comments reflected an attempt to reach <br />a balanced view. <br />This regulation has neither the intent, nor the <br />effect, of precluding or inhibiting effective and <br />reliable communications. Such antennas may be <br />built as long as their construction does not <br />.unreasonably block views or constitute eyesores. <br />The reasonable assumption Is that there are always <br />alternatives at a given site for different <br />placement, and/or methods for ae thetic treatment. <br />Thus, both public objectives of controlling land <br />use for the public health, safety, ar.d convenience, <br />and providing an effective communications network, <br />can be satisfied. <br />A blanket ruling to completely set aside local <br />control, or a ruling which-ecognizes control only <br />for the purpose of safety o= antenna construction, <br />would be contrary to ... legitimate local <br />contrn :. <br />17. Comments from the County of San Diego state: <br />While we are aware of the benQtlts provided by <br />amateur operators, we oppose the Issuance of a <br />preemption ruling which would elevate 'antenna <br />effectiveness' to a positior above all other <br />conslderatiors. We must, however, argue that the <br />