Village of Kenmore adds $1000 permit fee for amateur radio antennas

Here in Edmonton Alberta Canada I put up a 56 foot tower. Bylaw came by and gave me an ultimatum ... take down the tower or get a permit. I had to pay $150 and submit a site drawing with tower placement and a cut sheet on the tower from the manufacturer. About a month later I called the permit dept and the guy at the approval desk said "oh ya that application is sitting on the back burner. I'll send your approval out right away."
$1000 is highway robbery. The Kenmore council should be ashamed of themselves for gouging those that may help them in times of disaster!

 

COA 1 - Five stories down....Communications Act 0f '34....start corresponding now to codify a stronger PRB-1 addition to the Act. ARRL will have to it's job on this one! Petitions at the door in Dayton and every other fest. Section Managers do something! Just don't look pretty stand around and talk smack about the good ol days. If you have a ticket, sign, or you will be forced to eat the hotdogs! Non-US amateurs sign as 'a friend of the cause' (international spin on the topic).

COA 2 - Have a amateur pay the fee, ask for detailed expenses. 'Hope' they do not offer any balance in the amateurs favor after assessment, or that since there are no such a service as a 'professional amateur radio antenna installer' bring into question the validity of results. (antenna and support device as a entire system; note: amateur = for the love or passion of) Then sue. Theft by deception (there is some latin, legal term for this that I cannot remember). Sue the 'Village Office' and then individuals aside from the position they hold. Get ACLU involved....this is a very sad course of action...but maybe needed?

COA 3 - Run for office in the Village and bring some common sense of American values to this pathetic example of government. This might be difficult...NY...isn't that 'you can't drink soda Bloomberg's State? I think I know where they got the 'micromanage syndrome' from (this is a guess).

COA 4 - Move.

I apologize for some of the dumb s#@t above...bad day at the office.

 

I have never understood how a permit
can be required to erect an antenna
based on the premise that a required
setback and engineering standards
were being met. Why are the same
requirements not imposed on planting
trees. After all, you can plant a tree
adjacent to a property line, it can grow
in excess of 100 feet high and periodically
lose dead limbs from heights that are
quite destructive. Never mind Mother
Nature does not provide guarantees
on wind load or ability to survive specified
wind conditions.

I would throw that one in their soup
bowl and then raise the farm till they
addressed safety issues of tree
regulation. After all should a homeowner
and the cognizant zoning authority not
be required to afford you the same
protection from a tree as a tower?

 

My condolences to anyone living in the Soviet State of New York. I have promised myself to never set foot in NY again because of their anti-constitutional SAFE Act law, and even took a flight from Cleveland thru Chicago to fly to the UK & Europe recently so my feet would not touch down at JFK. Extreme? Maybe. But I can afford to do it. New York is a great place to be from.

 

Is there a grandfathering clause? If not, it seems like an ex post facto type law.

 

Time to remove the entire city Government who thinks extortion is the best way to do business.

 

Do your research...

Do your Due Diligence. Check the entire law. Is it indeed a law NOW? Is it awaiting some approval? Get your Rohn vertical radiator in the air soon if this thing is not a law!
Also, since you are a Volunteer Fireman, you know all the licensed (and UNLICENSED) frequencies in use there. Using frequencies that are not licensed (and most all local gov'ts use them) could be a black eye to the town in the eyes of the FCC. But, DO NOT PUBLISH WHAT YOU LEARN ABOUT THIS. If you learn of illegal use of radio frequencies, get your informal complaint to the Enforcement Bureau PRONTO!

Sounds like you cannot get a copy of the law that they are trying to impose on you. Seems to me, that if your Rohn Vertical radiator for 80 meters is in the air and they cannot show you in writing that it is illegal, then what is the problem?

As far as the trees, find a couple and populate with coax and antennae!

Sorry about your luck. I know it is very frustrating. Good Luck.
Ken

 

The board there is slow to post the minutes but here is from 11/5/2013 about the public hearing on 12/3/2013

QUOTE

Trustee McCarthy moved to approve the publication of the Legal Notice calling for a public hearing on December 3, 2013 pertaining to Local Law #1, 2013 entitled Local Law Amending the Kenmore Zoning Code to Establish Regulations for the Development of Amateur (HAM) Radio Antennas.

Seconded by Trustee Bestine and adopted by full vote in the affirmative.

/QUOTE

Tried to find "Local Law #1 2013" on Kenmores site to no avail. Not sure if this is going to show up in the municipal code (probably) or not but that is only updated once a year.


...DOUG
KD4MOJ

 

The clerk got back to me about my question

Her response

I responded

The above articles are hot linked to our municipal code. She provided the contact info for the Village's counsel which I forward to the ARRL's general counsel. I am just waiting for the wording of the ordinance.

The full municipal code is viewable here : http://library.municode.com/HTML/11075/level1/MUCO.html

 

Population density in the village, (15,000 in 1.7 sq miles) coupled with housing prices from Zillow tell the story.

 

In reading the zoning ordinances, it looks like any antennas that are existing prior to the adoption of the ordinance would be grandfathered in:

Sec. 25-36. Continuance generally.

(a) Any nonconforming use now existing may be continued, but only to the extent, and upon the premises, and in the building or structure, where such nonconforming use now exists. Nothing herein contained shall be construed to prevent an increase in the products so produced or business so conducted, provided that no additional structure or extension of any existing structure is erected.

(b) Structural changes within an existing building may be made, but in no case shall exceed in cost fifty (50) percent of its present assessed valuation.

(c) Any nonconforming building or structure which has been completely destroyed or partially destroyed to the extent at least of fifty (50) percent of its sound value, by means other than intent or design, may be rebuilt or repaired within one year thereafter and the nonconforming use thereof may be continued herein.

 

Regarding the excessive permit fee and generally high taxes that increase almost monthly, a close friend recently opined, "Because, governments, like people, have needs. And unlimited credit cards."

 

You might want to look into the salaries of these so call 'officials' (or Village Idiots, as I would classify them). I will point out the current corruption cases being tried regarding the entire City of Bell, California's city council, the mayor and their police chief ... and their exorbitant salaries. They were robbing their constituents blind.

You know if one small local municipality has been caught doing this, there has to be many more that have yet to be discovered (the proverbial 'tip of the iceberg').

 

"Goals of the applicant" What does that mean! "My goal is to communicate" what else needs to be said. Are they going to require an environmental impact study?? Another one of our rights taken away but you can purchase it back for a grand. I would like to see how many applications are received, how many are turned down and for what reason. I want off of this planet. 73's

 

I'm guessing the thousand bucks goes to him. "Yep. Looks good. J-pole on the house is A-OK." To encourage more to apply.