File #: 3475    Version: 0 Name: conditional use permit for ham radio tower - Underwood
Type: Ordinance Status: Dropped
File created: 3/8/2004 In control: Land Use Committee
On agenda: 3/8/2004 Final action: 3/29/2004
Title: AN ORDINANCE granting a conditional use permit (CUP) in District A (Agricultural) for a period of twenty (20) years to extend an existing 100-ft. ham radio tower to a height of 135 feet as to a 3 ± acre tract.
Indexes: USE PERMIT
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

Title
AN ORDINANCE granting a conditional use permit (CUP) in District A (Agricultural) for a period of twenty (20) years to extend an existing 100-ft. ham radio tower to a height of 135 feet as to a 3 ± acre tract.

Intro
ORDINANCE # 3475, March 8, 2004


Body
BE IT ORDAINED by the County Legislature of Jackson County, Missouri as follows:

Section 1. A conditional use permit is hereby granted for a period of twenty (20) years to extend an existing 100-ft. ham radio tower to a height of 135 feet as to a certain 3 ± acre tract of land located at the southeast corner of U.S. Highway 50 eastbound lane on the east side of Harris Road described as follows:
Description: Lot 2, Kimbrell Acres, a subdivision in Jackson County, Missouri lying in the northwest quarter of Section 18, Township 47, Range 30 aka 12313 Harris Road.


Section 2. The conditional use permit granted by this ordinance is subject to the following conditions:

The tower shall not exceed a height of 135 feet.

The tower, antenna systems, and appurtenances shall be installed according to the manufacturer's specifications using sound engineering and safety practices.

The building permit application shall include an engineering report specifying detailed structural plans for the antenna and the tower.

The tower shall be galvanized finish or painted gray or light blue unless other standards are required by the Federal Aviation Administration.

The tower shall be illuminated as required by the Federal Communications Commission and/or the Federal Aviation Administration.

If the antenna or tower is not operated for a continuous period of twelve (12) months then it shall be considered abandoned and the property owner shall remove the antenna and tower within 90 days.


Section 3. The Legislature, pursuant to the application Barbara Underwood (CU-2004-175), requesting approval embodied in this ordinance and with notice that the Jackson County Plan Commission unanimously voted to recommend disapproval of this application in a public hearing on February 19, 2004, does adopt this ordinance pursuant to the Jackson County Charter authorizing the Legislature to exercise legislative power pertaining to planning and zoning.

Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.

APPROVED AS TO FORM:


____________________________ ________________________________
Acting County Counselor

I hereby certify that the attached Ordinance, Ordinance # 3475 introduced on March 8, 2004 was duly FAILED TO PERFECT on ________March 29_____________, 2004 by the Jackson County Legislature. The votes thereon were as follows:


Yeas ______0_________ Nays _______9_______

Abstaining _____0______ Absent _____0_______


This Ordinance is hereby transmitted to the County Executive for her signature.


________________________ _________________________________
Date Mary Jo Spino, Clerk of Legislature


I hereby approve the attached Ordinance # 3475.


_______________________ __________________________________
Date Katheryn J. Shields, County Executive