IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
WITHDRAWN 8/28/2000
Title
AN ORDINANCE approving a conditional use permit for the construction of a 150-foot monopole commercial communication tower.
Intro
ORDINANCE 3049, August 7, 2000
Body
BE IT ORDAINED by the County Legislature of Jackson County, Missouri as follows:
Section 1. A conditional use permit for 10 years for the construction of a 150-foot monopole commercial communication tower, subject to the conditions specified below, under the Unified Development Code, is hereby approved as to a certain tract of land described as follows:
Description: The 9.4 ± acre lot is generally located 1/4 of a mile north of Moreland School Road on the east side of Taylor Road, legally described as Lot 2 in Laurie's Acres Subdivision lying in the southwest quarter of Section 8, Township 48, Range 30 in Jackson County, Missouri: aka 6925 Taylor Road.
CONDITIONS:
1. The commercial communication tower shall not exceed a height of 150 feet.
2. The monopole tower and appurtenances shall be installed according to manufacturer's specifications using sound engineering and safety practices.
3. The building permit application shall include an engineering report specifying the following information:
a. Detailed structural plans for the tower must be signed and sealed by a Missouri Registered Engineer; and
b. Engineer's certification that anticipated levels of electro magnetic radiation to be generated by facilities on the site, including the effective radiated power (ERP) on the antenna, shall be within the guidelines established by the Federal Communication Commission(FCC).
4) An evergreen pine with a minimum three inches caliber at three feet (3') above the grade shall be planted on 10-foot centers along the perimeter of the chain link fence for the tower compound area.
5) A notice of Proposed Construction or Alteration of Objects that may affect the Navigable Airspace must be filed with the Federal Aviation Agency (FAA). Information regarding the disposition of the FAA Notice will be submitted subsequent to application for a building permit.
6) The tower shall be structurally designed so that at least three users would be allowed space on the tower. The applicant shall make a good faith effort to offer space to emergency services such as the Jackson County Sheriff's department. The County Legislature shall have the right to revoke the conditional use permit if such offering is not made.
7) The tower shall be a galvanized finish or painted gray or light blue unless other standards are required by the Federal Aviation Agency.
8) The tower shall only be illuminated as required by the Federal Communications Commission and/or the Federal Aviation Agency.
9) 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 2. The Legislature, pursuant to the application of APT Kansas City, Inc. (CU-2000-047), requesting approval embodied in this ordinance and with notice that the Jackson County Planning Commission by a 6 to 1 vote, failed to recommend approval of this application in a public hearing on July 20, 2000, 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 #3049 introduced on August 7, 2000, was duly withdrawn BY SPONSOR ARBANAS, CONCURRED BY WAITS AND YOUNG on August 28, 2000 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 her signature.
________________________ _________________________________
Date Mary Jo Brogoto, Clerk of Legislature
I hereby approve the attached Ordinance #3049.
_______________________ __________________________________
Date Katheryn J. Shields, County Executive