Legislation Details

File #: 6148    Version: 0 Name: CU-2024-261 35601 E. Old 40 Highway
Type: Ordinance Status: Agenda Ready
File created: 9/29/2026 In control: County Legislature
On agenda: 10/12/2026 Final action:
Title: AN ORDINANCE requesting a conditional use permit for a period of 90 years for a 175-foot self-supporting tower in District AG (Agricultural) on a 2,500 square foot tract at 35601 E. Old 40 Highway.
Attachments: 1. 6148 Signed, 2. RLA, 3. CU-2024-261 Zoning Support Documentation
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IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

Title

AN ORDINANCE requesting a conditional use permit for a period of 90 years for a 175-foot self-supporting tower in District AG (Agricultural) on a 2,500 square foot tract at 35601 E. Old 40 Highway.

 

Intro

ORDINANCE NO. 6148, October 12, 2025

 

 

Body

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

 

 

Section 1. A conditional use permit is hereby needed for a period of 90 years for a 175-foot self-supporting tower in District AG (Agricultural) on 2,500 square foot tract at 35601 E. Old 40 Highway, and legally described as follows:

Description: A 50 foot by 50foot Lease Area, within a tract of land in Northwest Quarter of the Northwest Quarter of Section 31, Township 49, Range 30, lying South of Old Highway 40, Jackson County, Missouri, described as follows: Commencing at a 1/2 inch iron bar, found at the most easterly corner of said tract, having a Missoui West state plane coordinates of N:1037940.51, E: 2884588.27; thence North 75 degrees 32 minutes 20 seconds West, a distance of 422.04 feet to the Point of Beginning; thence South 19 degrees 46 minutes 46 seconds West, a district of 50.00 feet to a point; thence North 70 degrees 13 minutes 14 seconds West, a distance of 50.00 feet to a point; thence North 19 degrees 46 minutes 46 seconds East a distance of 50.00 feet to a point; thence South 70 degrees 13 minutes 14 seconds East a distance of 500 to the Point of Beginning.

 

 

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

1. The commercial communication lattice tower shall not exceed a height of 175 feet as measured from ground level.

2. The tower and appurtenance shall be installed according to manufacturers’ specifications using sound engineering and safety practices.

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

4. The tower shall only be illuminated if required by the Federal Communication Commission and/or the Federal Aviation Agency.

5.  Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of such antenna/tower or property owner shall remove the antenna or tower within 90 days.

 

Section 3.  The Legislature, pursuant to the application of Public Safety Towers, (CU-2026-261), requesting approval embodied in this Ordinance and with notice that the Jackson County Plan Commission voted 8 to 0 to recommend APPROVAL of this application in a public hearing on September 17, 2026, 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:

                                                                                                                                                   

 

____________________________                                          

County Counselor

 

                     I hereby certify that the attached ordinance, Ordinance No. 6148 introduced on October 12, 2026, was duly passed on ___________________, 2026 by the Jackson County Legislature.  The votes thereon were as follows:

 

 

                     Yeas _______________                                                               Nays ______________

 

 

                     Abstaining ___________                                                               Absent ____________

 

 

 

 

 

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

 

 

________________________                                                               ________________________________

Date                                                                                                                                                   Mary Jo Spino, Clerk of Legislature

 

 

I hereby approve the attached Ordinance No. 6148.

 

 

 

_______________________                                                               ________________________________

Date                                                                                                                                                   Phil LeVota, County Executive