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