Georgia community to allow ham antennas
in CC&R governed sub-divisions
Tim Richardson, W4IOU, an alderman in Acworth, Georgia, reports that
his city has added language to its Residential Development Standards that
allows antenna installations for amateurs living in subdivisions governed
by deed covenants, conditions and restrictions (CC&Rs) and homeowners'
associations.
"While a special stipulation previously was added to each new residential
zoning request before the city, this incorporates the language directly
in the zoning and development standards," Richardson explains.
According to the language incorporated into the ordinance November 5,
"Antennas for amateur radio stations licensed by the Federal Communications
Commission will not be prohibited by Declaration of Covenants, Conditions
and Restrictions or homeowners' association, and the installation of such
antennas must be reasonably accommodated."
Richardson emphasizes that the CC&R restriction only applies to residential
development occurring on or after the ordinance's date of adoption. "Any
neighborhoods with existing CC&Rs will not be affected, since those
constitute a legal agreement accepted by the property owner at the time
of purchase," he said. Nonetheless, he called the city's action "a
step forward" and said he hopes other hams will work to get similar
provisions enacted in their communities. He had help in Acworth. Bob Weatherford,
KI4COP, also sits on the Board of Aldermen.
A city of some 20,000, Acworth is about 35 miles northwest of Atlanta,
and, Richardson says, one of the state's fastest-growing cities.
ARRL CEO David Sumner, K1ZZ, said the Acworth ordinance was the first
to come to his attention. "Congratulations to you and the City of
Acworth for your vision," he told Richardson.
The ARRL has supported the repeated introduction of a bill in Congress - "the
Amateur Radio Emergency Communications Consistency Act," designated
HR 1478 in the current session - to require private land-use regulators
such as homeowners' associations to "reasonably accommodate"
Amateur Radio antennas consistent with the PRB-1 limited federal preemption.
Introduced by Rep Steve Israel (D-NY) the CC&R bill attracted 36 cosponsors
during the current Congress, which is about to adjourn.
ARRL discusses a variety of amateur
antenna restrictions on its Web site.
Source: ARRL Letter - courtesy of The
American Radio Relay League
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