A letter from George K0NNO

Today April 5, 2013 there is a good change that the POA of Diamondhead, Mississippi can make you remove your radio antennas, push up poles, towers, and vertical antenna. They will even find your hidden antenna that are camouflaged into trees and flag poles.

This is not a scare tactic this is now what is happening to a Diamondhead resident that is a FCC licensed Amateur operator and is a volunteer For ;The Hancock County Emergency operators Center known as the Hancock County EOC.

 

A little bio about me:

My name is George Lowell Call sigh K0NNO, I was first licensed in 1967 and was involved in several Emergency Disaster organization in California, Colorado, Arkansas, and now Mississippi. I moved to Waveland, MS in 2004 and lost my home when Katrina arrived, now I live in Diamondhead,MS.

As you know that the POA have adopted in their CC&R writhen in 1970 in section I paragraph UP it states:

"Radio and Television Antenna

No Television or radio antenna or tower may be erected or maintained anywhere upon the development with out prior written consent of the Architectural Committee."

 

As for me to comply with the CC&R of the POA on April 1,1012 I submitted a Construction permit with all Architectural drawings to The POA hand delivered to Darrell Kinchen along copies of the Federal PRP1 and Mississippi State PUB1. MR. Kinchen looked at the permit and told me that "The POA does not allow or want TV Ham radio towers in their community." But he said he would pass it on to the Architectural Committee. I went back to see him a month later he still did not have it signed either for a yes or for a no, to make a long story short I never received my permit.

 

I went ahead and put up my antennas and a tower last year knowing that I was protected by MISSISSIPPI PRB1 which exempts Ham radio tower and antennas from CC&R written by Property Owners Association. (click on the attachment)

 

ON March 29,2013 I received a letter from the POA "Darrell Kinchen" telling me that I am in violation of Section IV Use and Improvement, Book AA36, Page 308 (same as paragraph U written above"  The POA has given me 30 days to remove all my antennas and tower and to put my property back in compliance with their rule.  (I say hooey to you)

 

sense I have received the POA letter myself and other hams have been doing a lot of research and what we have found you may or may not know as what the City of Diamondhead have done on their own. The City officials have written and recorded their on "Zoning Ordinance" Adopted By the Mayor and City Council October 15, 2012.

see attachment in PDF format.

 

In this Zoning Ordinance is the following section called Article 13: Telecommunication Facilities.  I will highlight this section below

 

City of Diamondhead, Mississippi

110

ARTICLE 13: TELECOMMUNICATION FACILITIES

13.3 APPLICABILITY

13.3.1 District Height Limits

In accordance with existing zoning regulations, the requirements set forth in this ordinance shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height specified for each zoning district. The height limitations applicable to building and structures shall not apply to towers and antennas.

13.3.2 Amateur Radio Antennas

This ordinance shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height, located in the rear yard of residentially zoned parcels, and is owned and operated by a federally-licensed amateur radio operator.

13.3.3 Grandfathered Towers and Antennas

Any tower or antenna existing on the effective date of this ordinance shall not be required to meet the requirements of this ordinance, other than the requirements of any and all preexisting zoning ordinances and any state, FAA or FCC requirements. Any such towers or antennas that fail to meet the requirements

The City have adopted this ordnance to comply with both Federal and MISSISSIPPI PRB1

 

To the city I say thank you, Now here is the problem The city says I and all armature radio operators are exempt from the POA TV and antenna regulation, then why is the POA taking the possessions to over power the city ordinance ????????

 

I George Lowell K0NNO of Diamondhead,MS needs your support both moral and Politically to get the answer the this question:   Who is running the city??  POA or your City Officials???

 

Please send your concerns, support, and comments to::

 

george@lowellnet.net    K0NNO

 

k0nno@lowellnet.net

 

Brice Phillips  news@wqrz.orq

Diamondhead, Mississippi

City of Diamondhead, Mississippi

My friend George K0NNO has constructed a 45 foot tower in his back yard in Diamondhead, Ms. Diamondhead just became a city this year and previously was a deed restricted community under the iron fist of a Communist Property Owners Association (POA). While their symbol wasn't quite the hammer and sickle they sure did run the community the way they saw fit and only their way. Now as a city the POA is dissolved or so I thought. HE received a letter in the mail a couple of days ago from some SS Colonel (everybody say Seig Heil!) in the POA that demanded he remove his tower within 30 days or face a fine. What's interesting about this is the City of Diamondhead (not the POA) has an ordinance protecting amateur radio operators and installations. This ordinance is stated below:


13.3.2 Amateur Radio Antennas
This ordinance shall not govern any tower, or the installation
of any antenna, that is under seventy (70) feet in height,
located in the rear yard of residentially zoned parcels,
and is owned and operated by a federally-licensed amateur
radio operator.
13.3.3 Grandfathered Towers and Antennas
Any tower or antenna existing on the effective date of this ordinance shall not be required to meet the requirements
of this ordinance, other than the requirements of any a
nd all preexisting zoning ordinances and any state, FAA or
FCC requirements.
Any such towers or antennas that fail to meet the requirements of this ordinance shall be
referred to in this ordinance as grandfathered towers or grandfathered antennas.



This man has been a ham operator since long before I was born and has also served and retired honorably from the US Navy. He is a disabled veteran and also has the only 220 repeater on the coast (until mine is up which will be linked to mine) as well as one of only two repeaters in Hancock County which is the link between the Biloxi and Gulfport areas to the Greater New Orleans Area. The POA is trying to extort money from Vietnam Veterans and anybody who has any decency about themselves should be as repulsed as I am. He has the entire support of the WQRZ 103.5 FM-LP Radio Station and the Hancock County Amateur Radio Association. If anybody knows of any legal council who is a member of the Mississippi Bar Association and would like to take the case pro bono please let me know.

Also it probably wouldn't hurt to bombard the Diamondhead POA with your phone calls on your thoughts about what they are doing to this man. If you feel the need please call Darrel Kitchens at (228) 255- 1900 extension 125


Thank you and 73
Anthony
W6CSA