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Antenna Zoning - Broadcast, Cellular & Mobile Radio, Wireless Internet - Laws, Permits & Leases
Antenna Zoning - Broadcast, Cellular & Mobile Radio, Wireless Internet - Laws, Permits & Leases
Date: 04 January 2011, 21:46

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Since that antenna system was erected, the town bylaws or ordinances may have changed. Since the passage of the Communications Act of 1996, towns all over the United States have aggressively been changing their bylaws or ordinances. Don’t think they’ve changed the bylaws or ordinances? Check out Kleinhaus et al. v. Cortlandt , S.Ct. N.Y., County of Westchester, Index No. 19396/95 (Lefkowitz, J.), March 18, 1996. Kleinhaus, an amateur radio operator, 1 contracted to purchase a residence in the Town of Cortlandt in 1993 at a time when the town’s Zoning Code had no height restriction applicable to freestanding antennas. After the Purchase and Sale Agreement was signed, but prior to completion of the purchase, the town amended its zoning laws to provide that in an R-40 (residential-40,000 square feet minimum) zone the maximum height allowed for structures is 35 feet.It is most saddening to report that America is still not free of pride and prejudice. I was once a lawyer in a case where a well-established amateur radio operator, a descendant of President John Quincy Adams with an existing 120-foot tower, confi ded that the applicant for a 100-foot tower in the same town would never have had as much trouble if the ham newer to the town (in the words of this Brahmin) “ had a numeral ” after his name. For this reason, bylaws or ordinances that are designed to give a lot of control to neighbors (think of such bylaws as equivalent to a neighborhood veto) are far more dangerous to someone who is a minority in town than to someone who represents the majority group in town and goes to the “right” church.


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