HomeMy WebLinkAboutA005 - legal opinion dated January 6, 1984 CITT It 11188I' 50010
515/232-6210
January 6, 1984
Hon. F. Paul Goodland, Mayor
and Members of the City Council
of the City of Ames, Iowa 50010
Re: Earth Satellite Signal Receiving Antenna
Dear Mayor Goodland and Council Members:
The last time the council considered the earth satellite signal antenna
regulations being proposed a question was raised by the vendor of such
devices as to whether local government could impose its zoning regula-
tions on television facilities since these facilities are used in inter-
state commerce and could come within the scope of potential regulation
by the Federal Communication Commission. However, past attempts to
avoid application of zoning regulations on radio and television
facilities on that basis have proven unsuccessful. See: Zoning: Radio
& Television Facilities 81 ALR3d 1086, 1089.
The application to an earth satellite antenna of the general pro-
visions of a city zoning ordinance which prohibited "structures" in the
required front yard in a residential district was upheld by the Georgia
Supreme Court in Gauge v. Snellville 287 SE2d 539 (Ga.1982) . This is
the only reported case I have found pertaining to local regulation of
earth satellite signal receiving antenna.
This is a very new activity, of course, so it cannot be predicted with
much certainty what courts will do with litigation involving various
ordinance provisions such as height and setback limits, denials of
variances or other issues. At this time, however, there is no per-
suasive reason to conclude that the ordinance being considered would be
invalidated judicially.
Respectfully submitted,
John R. Klaus
City Attorney
JRK/mlp