[BC] dealing with the zoning folks

[Mike McCarthy]

Be careful.  The Koor case is only applicable to New Hampshire and the
scope VERY narrowly encompassing.  While other state SC's might view the
case as a friend of the court type brief, each SC is not bound to honor
those rulings UNLESS their home state's statute is identically worded.

Also, check with a counsel familar with communcations law and how the Comm
Act of 1996 might be of help. Your local zoning attorney might not know
anything about it. That Act creates a specific threshold for communities
to bar communnications towers. This Act was wrtitten with the intent to
spur cell phone deployment in areas which have BANANA mindsets lacking any
reasonable argument rooted in sound logic or science.  It creates a
parameter set which local ordinances can not exceed in their scope or
restrctiveness.

There are a number of cases winding their way through the various
Appellete Circuits with some circuits rendering opinions in conflict with
other circuits. Thus the SCOUS will evenuitally see this case.  And likely
rule in favor of the cell companies....

In Illinois, radio stations are classed in the same manner with cell
towers as a "utility". It's an arcane class to be certain. But in non-home
rule communities, the local zoning jurisdiction MUST act within 60 days of
application acceptance and grant use permits for structures under 200ft.
UNLESS there are specific technical objections rooted in land use or
building ordinances. Items such as variances, wetlands, flood plain, or
other hard environmental issue are exceptions.

That statute took the NIMBY out of the picture in all areas of the state
not incorporated and many areas which are incorporated.  That's not to say
NIMBY's and BANANA's haven't tried to stop things in locations clearly
outside their supposed influence.  But it's a start...

And in our case, the legal fees were well spent as we got our six 300ft.
towers in a wetland and floodplain and dense surburban area approved with
zero public opposition.

MM

> I found and tried to make a case in my mind and came to the conclusion
> that
> if I brought it up, the city would dig its heals in and fight it.  I need
> to
> reread it, so thanks for the link!
>
> -----O-riginal Message-----
>
> There's also the Koor case, if you or your law-type-person thinks it
> could be cited as precedent..
>
> http://www.antennazoning.com/docs/koor-decision.htm
>
> The site seems to be a comm law type guy...
>
> http://www.antennazoning.com/
>
> might be useful...
>
>