HomeMy Public PortalAboutORD15888 BILL NO. 2018-109
SPONSORED BY Councilman Graham
ORDINANCE NO. ojge
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING
CHAPTER 35 THE ZONING CODE PERTAINING TO TELECOMMUNICATION
FACILITIES.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Chapter 35 (Zoning Code) Section 35-42 (Specific Use Standards for
Telecommunications Facilities) is hereby amended as follows:
Sec.35-42. Specific Use Standards for Telecommunications Facilities
A. Purpose. The purpose of this Section is to regulate the placement, construction and modification of
telecommunication towers, support structures, and antennas in order to protect the health, safety, and
general welfare of the public,while at the same time not unreasonably interfering with the development of
the competitive wireless telecommunications marketplace in the City of Jefferson. Specifically, this
Section is intended to:
1. Provide for the appropriate location and development of telecommunications facilities and
systems to serve the citizens and businesses of the City of Jefferson;
2. Minimize adverse visual impacts of communications antennas and support structures through the
careful design, siting, landscape screening,and innovative camouflaging techniques;
3. Maximize the use of existing and new support structures so as to minimize the need to construct
new or additional facilities;
4. Maximize the co-location of facilities on any new support structures and facilitate the fewest and
least visible new support structures capable of achieving these objectives;
5. Ensure that any new telecommunications tower or support structure is located in an area
compatible with the neighborhood or surrounding community to the extent possible;and
6. Ensure that regulation of telecommunications towers and structures does not have the effect of
prohibiting the provision of personal wireless services, and does not unreasonably discriminate
among functionally equivalent providers of such service.
B. Applicability.
1. All towers, antenna support structures and telecommunications facilities, any portion of which
are located within the City of Jefferson, are subject to this Section. All towers within the City of
Jefferson, Missouri at the time of passage of this Section shall be registered with the Director
within sixty(60)days from the effective date hereof,together with the height, width and location
thereof, and a registration fee of fifty dollars($50.00). Failure to register an existing tower shall
raise a presumption that said tower was not a legal nonconforming use on the date of passage of
this Section. However,this Section shall not apply to tower structures used, or to be used, solely
for services provided pursuant to a broadcast radio or television license issued by the Federal
Communications Commission or to towers and antennas used solely for private
telecommunications services when the equipment is located on the premises of the entity using
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said private telecommunication service, or the towers and antennas, support structure,or masts
are located on the primary business premises of a provider of communications services if used
solely to monitor the provider's services and the equipment used by the broadcaster. Provided
the private telecommunicator or provider is in compliance with any federal, state, or local laws,
and does not encroach on the public rights-of-way.
2. Notwithstanding any provisions contained in this Section,any current legal use being made of an
existing tower or antenna support structure on the effective date of this Section shall be allowed
to continue as a non-conforming structure. Any tower site that has received city approval in the
form of either a conditional use permit or building permit, but has not yet been constructed or
located within six (6) months of the date of the permit, shall be considered a non-permitted
structure.
3. The term"telecommunications facilities"shall not include:
a. Any satellite dish two meters in diameter or less which is located in an area zoned and
used for industrial or commercial;
b. Any satellite earth station antenna one meter or less in diameter, regardless of zoning
category;
c. Any satellite earth station in excess of two meters in diameter which is utilized for the
reception of broadcast television,video or radio signals and which is an ancillary use to
a structure on the premises of the holder of the broadcast license.
4. The term"this Section"throughout Section 35-42 refers to Section 35-42 in its entirety.
C. Legislative Findings.
1. On February 8, 1996, congress enacted the Federal Telecommunications Act of 1996 P.L. No.
104-104. The purpose of the Act included deregulation of the telecommunications industry and
providing a more competitive environment for wired and wireless telecommunication services in
the United States.
2. The Telecommunications Act of 1996 preserves the authority of the City to regulate the
placement,construction and modification of towers and antenna support structures and to protect
the health,safety and welfare of the public.
3. The City has been granted the authority to enact legislation to regulate the construction,
placement and operation of telecommunications towers and antennas pursuant to its zoning
powers established in Chapter 89 of the Revised Statutes of Missouri and additionally pursuant
to its general and specific police powers established by statute authorizing the regulations herein
to protect the public health,safety and welfare.
4. The Federal Communications Commission (FCC) has exclusive jurisdiction over (1) the
regulation of the environmental effects of radio frequency emissions from telecommunications
facilities, and(2)the regulation of radio signal interference among users of the radio frequency
spectrum.
5. Consistent with the Telecommunications Act of 1996, the regulations of this Section will not
have the effect of prohibiting the provision of personal wireless services, and do not
unreasonably discriminate among functionally equivalent providers of such service. The
regulations also impose reasonable restrictions to protect the public safety and welfare and
ensure opportunities for placement of antennas with prompt approval by the City. This Section
does not attempt to regulate in areas within the exclusive jurisdiction of the FCC.
6. The uncontrolled proliferation of towers in the City of Jefferson is threatened without adoption
of new regulations and would diminish property values, the aesthetic quality of the city, and
would otherwise threaten the health,safety,and welfare of the public.
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D. Timing. Applications for telecommunication facility permits or conditional use permits pursuant to this
Section shall be subject to the supplementary procedures in this Section. Applications shall be submitted
to the City as a complete application. A “complete application” shall be an application submitted on the
forms provided by the City, fully executed by the applicant, identifying the specific approval sought, and
containing all attachments, fees and information as required thereon or by the City, consistent with this
Section. Applications for telecommunication facility permits shall be accompanied by a building permit
application and other applicable forms. Applications shall include application fees as may be established
to reimburse the City for its inspection and review costs.
1. Co-location requests. A final decision on applications to co -locate wireless communication
facilities on an existing telecommunication tower shall be made no later than nine ty (90) days
after receipt of a complete application from an applicant, unless extended by the City for good
cause or by consent of the applicant.
2. Other applications and new support structures. A final decision on all other applications under
this Section, including but not limited to applications for new telecommunication towers, shall be
made no later than one hundred fifty (150) days after receipt of a complete application from an
applicant, unless such period is extended by the City for good cause or by consent of the
applicant.
3. Incomplete applications. Within thirty (30) days after receipt of an incomplete application, the
Director shall provide notice to the applicant stating that the application is incomplete and
generally identifying the code provisions or application requirements not satisfied or information
not provided that the applicant must satisfy for a complete application commencing the City’s
review process. Nothing in this procedure shall alter the affirmative obligation of ea ch applicant
to review the applicable code and satisfy all applicable provisions as may apply to the applicant’s
specific submission.
E. General Requirements. The requirements set forth in this Section shall be applicable to all towers,
antennas and other telecommunication facilities installed, built, or modified after the effective date of this
Section to the full extent permitted by law.
1. Approval authority over the placement of telecommunications facilities is governed by Exhibit
35-28 and this Section. For the purposes of this Section, the approval authority shall be:
a. The Board of Adjustment for facilities requiring a conditional use permit,
b. The City Council with review by the Planning and Zoning Commission for facilities
located in a PUD zoning district.
c. The Director of Planning and Protective Services for permitted uses.
2. Principal Use. Telecommunication facilities, antennas, and towers may be a permitted use or
conditional use as outlined in Exhibit 35-28 and this Section.
3. Accessory Use. Telecommunication facilities, antennas and towers may be an accessory use to
existing multiple-family, institutional, commercial, or industrial uses.
4. Building Codes, Safety Standards and Zoning Compliance. To ensure the struct ural integrity of
antenna towers, the owner shall see that it is constructed and maintained in compliance with all
standards contained in applicable state and local building codes and the applicable standards
published by the Electronics Industries Association, as amended from time to time. In addition
to any other approvals required by this Section, no antenna or tower shall be erected or expanded
prior to receipt of a certificate of zoning authorization and the issuance of a building permit.
5. Regulatory Compliance. All antennas and towers shall meet or exceed current standards and
regulations of the FAA, FCC and any other state or federal agency with the authority to regulate
communications antennas and towers. Should such standards or regula tions be amended, then
the owner shall bring such devices and structure into compliance with the revised standards or
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regulations within the time period mandated by the controlling agency. No approval for any
placement, construction or modification of any antenna or structure permitted by this Section
shall be granted for any applicant having an uncured violation of this Section or any other
governmental regulatory requirement related to such antenna or structures within the City.
6. Excess Capacity and Planned Future Use. Any applicant for a building permit to install, build or
modify any tower shall furnish the Director a statement of the excess capacity of the tower and
plans, if any, for anticipated growth. In addition, the applicant must design the tower and
indicate on the application that the tower will accommodate at least one additional antenna
similar to the principal antenna.
F. Co-location.
1. Co-location of Facilities on New Towers. New towers constructed within the City shall be
capable of accommodating at least one additional carrier or telecommunications facility for one
other provider of communications services (hereinafter referred to as “additional capacity”). A
report describing the tower’s ability to support additional capacity shall be submitted with the
application. Technical limitations regarding disguised support structures shall include
limitations as are necessary to maintain the requirements of a disguised support structure. The
willful knowing failure of the owner of a tower built for shared use to negotiate in good faith
with potential wireless service provider users shall be unlawful and shall be a violation of this
Section and, among other remedies of the City, shall be cause for the withholding of future
permits to the same owner or applicant to install, build or modify wireless communications
facilities within the City. The approval authority may waive this requirement for disguised
support structures if the applicant submits a written request demonstrating that comp liance
cannot be achieved without violating one or more of the definitional requirements of a disguised
support structure.
2. Co-location on Existing Towers. Owners of existing towers shall make such support structures
available for use by other wireless service providers subject to reasonable technical limitations
and reasonable financial terms. Technical limitations regarding disguised support structures
shall include limitations as are necessary to maintain the requirements of a disguised support
structure. The willful and knowing failure of a structure owner to agree to shared use or to
negotiate in good faith with potential users shall be unlawful and shall, among other remedies of
the City, be cause for the withholding of future permits to the same owner to install, build, or
modify telecommunication facilities within the City.
3. Shared Use Violations. Any party believing that the applicant has breached its duty to negotiate
in good faith for shared use shall immediately notify the applicant an d the Director in writing.
The Director may reject the application upon a finding that shared use has been improperly
denied. A notice of breach of duty shall explain the precise basis for the claim and shall be
accompanied by payment of the Telecommunication Facility Permit Review Fee, as outlined in
Appendix Y, to the City to be used to offset the cost of review. After the applicant’s receipt of
the notice, the applicant shall have ten (10) calendar days to provide a written submission to the
Director responding to the alleged violation of the shared use requirement. If deemed necessary
by the Director, he/she may engage, at the cost of the party alleging the violation, a neutral,
qualified technical consultant to provide an opinion on feasibility or c osts of the shared use
request. If the Director receives a notice alleging a violation of the shared use requirement, the
time for a decision on an administrative permit is automatically extended for up to thirty (30)
days or until the Director has determined that the applicant has complied. Nothing herein shall
be deemed to create a cause of action for relief against the City or entitlement to any relief,
process or enforcement other than review by the City as provided herein. An application for a
new telecommunication tower shall not be deemed complete for acceptance until all information
necessary for a decision on compliance has been provided by the applicant.
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G. Tower Inventories. Prior to the issuance of any permit to install, build or modify any support structure,
such applicant shall furnish the Director an inventory of all support structures owned or controlled by the
applicant and by proposed antenna user (if the proposed antenna user is different from the applicant), and
all towers owned by any person located within one and one-half miles of the proposed structure. The
inventory shall include the structure or antenna reference name or number, the street location, latitude and
longitude, structure type, height, type and mounting height of exist ing antennas, assessment of available
space for mounting of additional antennas and an assessment of available ground space for the placement
of additional equipment shelters.
H. Notice of Tower Applications. Prior to any application for the construction of a new telecommunication
tower, a copy of the application or a summary containing the height, design, location and type and
frequency of antennas shall be delivered by certified mail to all known potential tower users within the
City, including but not limited to all companies providing wireless internet and commercial mobile radio
services in the City, and such other potential users, if any, identified on a schedule maintained by the
Director. Proof of such delivery shall be documented by the applicant with the application to the City.
The Director may establish a form required to be used for such notifications and establish other
procedures consistent with and as may facilitate compliance with this Section. Any party seeking shared
use of a telecommunication tower subject to this provision shall, after responding to notice of an
application, negotiate with the applicant for such use. The applicant may on a legitimate and reasonable
business basis choose between multiple requests for shared use on the same tower, and may reject any
request where legitimate technical obstacles cannot be reasonably overcome or where the party requesting
shared use will not agree to reasonable financial terms. The Director shall, before deciding on the
application or forwarding it to the Approval Authority for review, allow all persons receiving notice at
least fifteen (15) calendar days to respond to the City and the applicant and request that the party
receiving notice be permitted to share the proposed tower or locate within one (1) mile of such area. The
failure of the receiving party to use this process or respond to any such notice shall be considered cause
for denying requests by such party for new telecommunication towers.
I. Exception from Maximum Height and Bufferyards.
1. Where, as determined by the director, additional co -location opportunities on an existing tower
constructed prior to September 8, 1997, are not practical without an increase in the height of the
tower, a permittee of an existing tower may modify the height of its tower to accommodate co-
location of additional telecommunications facilities as long as the total height of the tower and
telecommunications facilities attached thereto does not exceed 10 percent of the height of the
existing tower or 20 feet, whichever is greater.
2. Permission to exceed the maximum permitted height pursuant to this subsection shall not require
an additional distance separation as set forth in Exhibit 35-42.A and Exhibit 35-42.B, nor
additional bufferyards or landscaping above that required for the original tower. The tower’s
premodification height shall be used to calculate such distance separations.
J. Same Tower Type. A tower which is modified to accommodate the co-location of additional
telecommunications facilities shall be of the same tower type as the existing tower. However, a different
type of tower may be permitted by the approval authority pursuant to Section 35 -72G.
K. Movement of Tower.
1. A tower which is being replaced to accommodate the co -location of additional
telecommunications facilities may be moved on the same premises as it was constructed on, or to
an adjacent premises, within 50 feet of its existing location as long as required setbacks and
bufferyards are maintained.
2. A tower that is relocated pursuant to this subsection shall continue to be measured from the
original tower site for the purpose of calculating the separation distances between towers
pursuant to Exhibit 35-42.B.
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3. Prior to the relocation of a tower within a residential area, notice shall be given to adjacent
property owners within 185 feet of the proposed tower site.
L. Location on Government Property. New telecommunication towers shall be located on land owned by an
agency of the federal or state government or a political subdivision of the state, where available.
Availability of suitable locations on government property shall be determined by the City Administrator.
Appeals on the suitability of a location on government property shall be heard by the Board o f
Adjustment.
M. Telecommunication Facilities as Permitted or Accessory Use.
1. Permitted Use. The placement of telecommunications facilities is a permitted use in several
districts as set forth in Exhibit 35-28 and this subsection. Permits for permitted facilities are
approved by the Director in conformance with Section 35-72.G.
a. The attachment of additional or replacement antennas or equipment to any existing
telecommunication facility provided that:
(i) Additional equipment is located within the existing shelter or cabinet or a new
shelter or cabinet contained within the fenced telecommunication facility area
(ii) Any expansion of a fenced area of the tower site to accommodate additional
ground equipment shall include the upgrade of the fencing to the design
standards contained in Section 35-42.Q and other applicable requirements of
this Section including the replacement of chain link fencing with solid
screening fencing.
(ii) No increase in height occurs, except as permitted by this section.
(iii) All requirements of this Section, the Zoning Code, and other chapters of the
City Code are met.
b. The one-time replacement of any tower existing on September 8, 1997, or subsequently
approved in accordance with the telecommunications towers regulations, so long as the
purpose of the replacement is to accommodate shared use of the site or to eliminate a
safety hazard and the new structure otherwise complies with Section 35-42. The new
tower shall be of the same type as the original except that a guyed or self-supporting
(lattice) tower shall be replaced with a monopole. The height of the new tower may
exceed that of the original by not more than 20 feet. Subsequent replacements shall
adhere to the requirements for new towers.
c. The mounting of antennas, including small wireless facilities, on any existing and
conforming commercial, industrial, or institutional building or structure other than a
support structure (such as a water tower), provided that the presence o f the antennas and
equipment is in conformance with Section 35-42.M.2 relating to accessory use, and
Section 35-42.Q relating to design and construction standards, and Section 35-42.P.1
relating to location within historic districts.
d. The mounting of camouflaged antennas on or within any existing high -voltage electric
transmission tower or functioning utility poles. Equipment shall not exceed the height
of such tower by more than ten feet (10’) and all requirements of this Section, the
Zoning Code, and other chapters of the City Code shall be met, except that setbacks
provided in this Section shall not apply. Any related equipment for antennas permitted
by this subsection located within the right-of-way shall be subject to the applicable
permitting process. Facilities located within historic districts shall comply with
Section 35-42.P.1.
e. The installation of antennas or the construction of a telecommunication tower on
buildings or land owned by the City following the approval of a lease agreement by the
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Governing Body and subject to such specifications, conditions and requirements as set
forth in the lease.
f. Temporary Towers erected and maintained for a period not to exceed 60 days for the
purpose of replacing an existing tower, testing an existing or proposed network, or
providing temporary service. The approval for such a tower shall be limited to the
amount of time necessary for its purpose and approval may be further conditioned for
public safety and other purposes of this Section.
g. Placement of Small Wireless Facilities inside the right-of-way as follows:
(1) Placement of Small Wireless Facilities on an existing utility pole where
such equipment does not exceed the greater of the height of the existing
pole plus ten feet (10’) or a total height of fifty (50) feet, is a permitted use
in all districts except the National Register Historic Overlay District,
where such use is subject to Section 35-42.P.1. Equipment exceeding said
height allowances shall be considered a new pole.
(2) Placement of Small Wireless Facilities on a new pole, said pole not
exceeding the greater of ten feet in height above the tallest existing utility
pole in place as of January 1, 2019 located within five hundred (500) feet
of the new pole and within the same right-of-way or fifty (50) feet above
ground level, is a permitted use in all districts except the Single Family
Residential Districts (RS-1, RS-2, RS-3, RS-4, and N-O) and the National
Register Historic Overlay District.
(3) Facilities located on a new pole within the Single Family Residential
Districts, the National Register Historic Overlay District, or exceeding the
height allowances outlined herein shall comply with Section 35-42.P.
(4) Small Wireless Facilities shall comply with design, construction, and
location standards of 35-42.S.
2. Accessory Use. Any telecommunications facilities which is not attached to a tower and not
permitted by Section 35-42.M.1 is deemed an accessory use and shall be permitted on any
commercial, industrial, institutional or multi-family structure and on land owned by the City,
provided that the person making such accessory use registers the telecommunication facility and
obtains a telecommunication facility permit and building permit. Such accessory uses shall meet
the following standards:
a. The total height of the antenna support structure and telecommunications facilities shall
not exceed the structural height limitations in the applicable zoning district listed in
Exhibit 35-51.A by more than 20 feet and shall not extend above the top of the building
by more than 20 feet;
b. The antenna support structure and telecommunications facilities shall comply with the
City’s adopted building code and any applicable state law, shall not encroach on the
public rights-of-way, and a building permit shall be obtained from the Building
Regulations Division;
c. Any telecommunications facilities and antennas located on the roof or sides of a
building shall comply with setbacks required by the City’s adopted building code, if
any, and shall not extend more than 50 inches in the horizontal plane from the side of
such structure unless the purpose of said protrusion is to permit signal coverage in an
area that will not receive such coverage but for an extension beyond 50 inches. Any
extension beyond 50 inches must be approved by the Director prior to construction of
said antenna and such approval shall be dependent upon a showing that coverage is
unavailable but for the extension, that the extension does not violate any other building
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code of the city, state or federal law that is applicable, encroach upon public rights-of-
ways, and the extension does not pose any danger to the traveling public;
d. The telecommunications facility will be side-mounted to an antenna support structure so
as to exhibit a minimal profile or will utilize camouflaging techniques in order that the
telecommunications facility will harmonize with the character and environment of the
area in which it is located. Antennas and support structures shall be painted to blend
with the color of the building if such painting will not interfere with functioning of the
antenna or support structure. Antennas and support structures shall meet the Design and
Construction Standards of Section 35-42.Q; and,
e. All requirements of Section 35-42, the Zoning Code, and the City Code shall be met.
f. Facilities located within a National Register Historic Overlay District shall obtain
a Special Exception Permit in accordance with Section 35-42.P.1.
N. Telecommunication Facilities as a Conditional Use
1. The placement of telecommunication facilities is a conditional use in several districts as set forth
in Exhibit 35-28 and this Section. All proposals to install, build or modify an antenna or support
structure as a conditional use shall require the approval of a Conditional Use Permit following a
duly advertised public hearing by the Board of Adjustment, subject to the following.
a. Applications. Applications for conditional use permits shall be filed and processed
subject to and in the manner and timeframe as established in Section 35-73A of the
Zoning Code and, in addition to such other requirements, shall be accompanied by the
applicable fee for a conditional use permit application and a deposit of funds, as
outlined in Appendix Y, for reimbursement of professional service and staff review
costs, or such other deposit amount as may be established by the approval authority
reasonably necessary to reimburse the City for such anticipated costs and fees for legal,
engineering, contractual or other consultant services determined by the City to be
needed in review or action on the application. Any amount not used by the City shall be
refunded to the applicant upon written request after a final decision.
b. Additional minimum requirements. No conditional use permit shall be issued unless the
applicant has clearly demonstrated by substantial evidence that placement of a
telecommunication facility as a permitted or accessory use pursuant to Exhibit 35 -28 or
Section 35-42.M is not technologically or economically feasible. The City may
consider current industry standards and practices, among other information, in
determining feasibility.
c. Decision. A decision by the approval authority shall be accompanied by substantial
evidence supporting the decision, which shall be made a part of the written record of the
meeting at which a final decision on the application is rendered. Evidence may be
submitted with the application or thereafter, or presented during the public hearing by
the applicant or others.
d. Findings Required. In addition to the determinations or limitations specified herein and
by Section 35-73A for the consideration of conditional use permits, no conditional use
permit shall be approved by the governing body unless findings in the affirmative are
made that the following conditions exist:
(1) No existing towers, structures or buildings within the necessary geographic
area for the applicant’s tower meet the applicant’s necessary engineering
requirements considering: (a) height; (b) structural strength; (c) resulting signal
interference; (d) feasibility of retrofitting; (e) feasibility of redesigning the
applicant’s tower network; or (f) other limiting conditions that render existing
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towers, structures or buildings within the applicant’s required geographic area
unsuitable.
(2) That the design of the tower or structure, including the antenna, shelter and
ground layout maximally reduces visual degradation and otherwise complies
with the provisions and intent of this Section. New towers shall be of a
monopole design, unless it is shown that an alternative design would equally or
better satisfy this provision.
(3) That the proposal minimizes the number and/or height, size, and visibility of
towers or structures that will be required in the area. Where alternate
technology or design exists or is reasonably available that would satisfy the
general need for the proposal, this factor is ordinarily not satisfied.
(4) That the applicant has not previously failed to take advantage of reasonably
available co-location opportunities or procedures provided by this Section or
otherwise.
(5) That no land owned by any agency of the federal or state government, or by
any political subdivision of the state, is available for locating the structure or
tower.
e. If any one of the findings is not satisfied, approval may be granted only on a finding of
unique circumstances otherwise necessitating approval to satisfy the purposes of this
Section.
f. Additional Limitations.
(1) No tower shall be approved at a height exceeding 150 feet AGL unless the
applicant clearly demonstrates that such height is required for the proper
function of the applicant’s system. Such showing must also be supported by
the opinion of a telecommunications consultant hired by the City at the
expense of the applicant. The opinion of the consultant shall include a
statement that no available alternatives exist to exceeding the height limit
including but not limited to the use of two or more telecommunication towers,
and the reason why such alternatives are not viable.
(2) A conditional use permit shall not be issued for any telecommunication facility
that the Board of Adjustment determines would create a significant negative
visual impact or otherwise have a significant negative impact on the historical
character and quality of any property within a Historic Preservation District or
such District as a whole.
(3) A decision by the Board of Adjustment shall be accompanied by substantial
evidence supporting the decision which shall be made a part of the written
record of the meeting at which a final decision on the application is rendered.
Evidence shall be under oath and may be submitted with the application or
thereafter or presented during the public hearing by the applicant or others.
O. Telecommunication Facilities within a PUD District.
1. Applications for telecommunication facilities located on property zoned PUD Planned Unit
Development shall be processed in accordance with Section 35-74.C with review by the Planning
and Zoning Commission and City Council (rather than the Board of Adjustment).
2. Findings Required. When considering applications for telecommunication facilities greater than
70 feet in height in PUD Districts, the Planning and Zoning Commission and City Council shall
base their decisions upon, and shall make findings as to, the existence of the required findings
and conditions contained within Section 35-42.N and Section 35-73.A.
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3. Towers located in districts zoned PUD shall adhere to the standards and requirements of Section
35-42. Variations from the standards and requirements may be approved by the City Council
upon finding that such variations would:
a. Not eliminate an adequate supply of light or air to adjacent property, substantially
increase congestion in the public street, increase the danger of fire, or endanger the
safety of the public;
b. Not be unduly injurious to the use and enjoyment of adjacent property nor substantia lly
diminish property values in the neighborhood; and
c. Be in keeping with the general spirit and intent of this chapter.
P. Telecommunication Facilities located within a National Register Historic Overlay District and
Small Wireless Facilities located within a Single Family Residential District.
1. Telecommunication Facilities located within a National Register Historic Overlay District
shall be a Special Exception use and subject to the requirements of Section 35-73.D. In
addition to the review criteria contained in Section 35-73.D.4, the following additional
criteria shall be considered:
a. Telecommunication Facilities shall be found to be visually compatible design for
the district in which it is placed.
b. The Telecommunication Facilities shall be designed so as not to overly detract
from the historic character of the district.
2. Small Wireless Facilities located within a Single Family Residential District shall be a
Special Exception Use and subject to the requirements of Section 35-73.D. In addition to
the review criteria contained in Section 35-73.D.4, the following additional criteria shall be
considered:
a. The Small Wireless Facility shall be designed so as not to overly detract from the
residential character of the district.
3. The City Council may impose reasonable conditions on Telecommunication Facilities
approved as Special Exceptions use into order to ensure compliance with the
criteria set forth in this Section 35-42.P or Section 35-73.D.4.
Q P. Coverage Studies and Professional Services
1. RF Engineer Certification Required; Additional Studies. The City may require, at the expense of
the applicant, any additional studies or the hiring of an external consultant, including technical
and legal services, to review exhibits and/or other requirements in accordance with this Section.
Applications for a new telecommunication tower shall be considered only after a report by a
Radio Frequency Engineer stating that the planned telecommunication equipment cannot be
accommodated on an existing or already approved tower that is capable of shared use and
providing facts, including the alternatives considered and precise cost estimates where cost is a
basis for the determination, clearly demonstrating one or more of the following conditions:
a. Planned telecommunications equipment would exceed the structural capacity of an
existing or approved tower, and the tower cannot be reinforced to accommodate
planned telecommunication equipment at a reasonable cost;
b. Planned telecommunications equipment will cause radio frequency interference with
other existing or planned telecommunications equipment for that telecommunication
tower and the interference cannot be prevented at a reasonable cost;
c. Existing or approved telecommunication towers do not have space on which the
planned telecommunications equipment can be placed so it can function effectively and
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at least in parity with other similar telecommunications equipment in place or approved
by the City or other area jurisdictions; or
d. Other reasons that make it impractical and not feasible to place the telecommunications
equipment planned by the applicant on an existing or approved telecommunication
tower.
2. When requesting a variation from the standards of Section 35-42 or when requesting a permit for
a location off of government property, the applicant shall provide additional information at the
request of City Staff in order to support the application. This information may include, but is not
limited to, the results of any drive test data and/or other computerized signal area coverage
studies conducted by the applicant within the City, including a non-technical description of the
results of the studies and implications for the siting of the proposed wireless telecommunication
facility.
3. The Board of Adjustment, Planning and Zoning Commission, or City Council may hire, at the
expense of the applicant, any consultant and/or expert necessary to assist in reviewing and
evaluating any applications for telecommunication facilities.
R Q. Design and Construction Standards.
1. Design.
a. Designs allowed:
(1) Monopole design. New telecommunication towers shall be of a monopole
design. Lattice, guyed towers or other non-monopole tower designs shall not
be permitted.
(2) Disguised support structures. Structures meeting the definition of a disguised
support structure contained in Section 35-92 may be approved or required by
the Approval Authority in order to satisfy applicable findings. Antennas
attached to a disguised support structure shall be contained within the
disguised support structure or mounted flush on the surface of the tower to
which they are mounted.
(3) Building mounted. Antennas attached to an existing building or structure shall
be of a color identical to the surface to which they are mounted. Antennas
extending above the roof of a building shall be side mounted to a support
column so as to exhibit a minimal profile.
b. Color. Subject to the requirements of the FAA or any applicable State or Federal
agency, Towers and attachments shall be painted a neutral color consistent with the
natural or built environment of the site or an alternative painting scheme approved by
the Approval Authority, consistent with the requirements of this Section. Unpainted
galvanized steel support structures are not permitted.
c. Ground Equipment. Equipment shelters or cabinets shall have an exterior finish
compatible with the natural or built environment of the site and shall also comply with
any design guidelines as may be applicable to the particular zoning district in which the
facility is located. All equipment shall be placed underground, contained in a shelter or
cabinet, or wholly concealed within a building or approved walled compound.
d. Towers shall not exceed the height limitation of the Airport Overlay District adopted by
the City.
e. All permittees shall make every reasonable effort to design and construct new towers
and telecommunications facilities to blend into the character and environment of the
area in which they are located, unless such use shall create a haza rd for the traveling
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public or it is not technically feasible to use such design and co -locate other facilities on
the tower.
f. Advertising. The placement of advertising on structures regulated by this Section is
prohibited.
g. Vehicle or outdoor storage on any tower site is prohibited, unless otherwise permitted
by the zoning.
h. Disguised Support Structure Standards. Disguised support structures shall meet the
following criteria:
(1) The structure is consistent with and contributes to and does not detract from
the character and property values and use of the area and neighborhood in
which it is located.
(2) The structure does not contain distorted proportions, size, or other features not
typically found on the type of structure or feature to which it is designed to
replicate.
(3) The structure cannot be identified as an antenna support structure by persons
with reasonable sensibilities and knowledge.
(4) The structure’s equipment, accessory buildings, or other aspects or attachments
relating to the structure are wholly concealed using a manner consistent with
and typically associated with the architectural or natural structure or feature
being replicated.
(5) The structure is of a height, design and t ype that would ordinarily occur at the
location and neighborhood selected.
2. Structural Requirements. All towers must be designed and certified by an engineer to be
structurally sound and, at minimum, in conformance with the City’s building code, any
applicable state laws and other standards outlined in this Section. A building permit shall be
obtained before construction may begin.
3. Setbacks and Separation Requirements
a. All towers shall be set back a distance equal to 50 percent of the height of the tower up
to 100 feet, plus one foot for each foot over 100 feet in height.
b. Setback requirements for towers shall be measured from the center of the tower to the
property line of the parcel on which it is located.
c. In addition to required setbacks outlined in this section, towers shall be separated from
the types of areas designated in Exhibit 35-42.A.
d. Measurement of tower separation distances for the purpose of compliance with this
Section shall be measured from the center of a tower to the closest property line of a
designated area as specified in the exhibit. Separation distances for towers located on
the same property as a designated area shall be measured from the center of the tower to
the closest structure of the designa ted area.
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Exhibit 35-42.A Separation Requirements
Designated Area Separation Distance
Single-family or duplex residential land or single -
family or duplex units in a residential district1
300 feet. If the tower is of a disguised support
structure design, then the separation distance may be
reduced to 100 percent of the height of the tower.
Vacant single-family or duplex residentially zoned
land which is either platted or has preliminary
subdivision plat approval which is not expired
300 feet. If the tower is of a disguised support
structure design, then the separation distance may be
reduced to 100 percent of the height of the tower.
Vacant un-platted residentially zoned land and
residential units in non-residential zoned districts1
200 feet or 100 percent of the height of the tower,
whichever is greater. If the tower is of a disguised
support structure design, then the separation distance
may be reduced to 100 percent of the height of the
tower.
Existing multi-family residential land or units greater
than duplex units
100 feet or 100 percent of the height of the tower,
whichever is greater. If the tower is of a disguised
support structure design, then the separation distance
may be reduced to 100 percent of the height of the
tower.
Non-residentially zoned lands or non-residential uses None; only setbacks apply.
Approved heliports 100 feet or 100 percent of the height of the tower,
whichever is greater.
1 Includes modular homes and mobile homes used for living purposes.
e. Separation distances set forth in this subsection may be varied by the Board of
Adjustment or City Council (as the applicable approval authority) upon finding that:
(1) The location, shape, appearance, or nature of the use of the proposed tower
will not substantially detract from the aesthetics of the area nor change the
character of the neighborhood in which the tower is proposed to be located,
and that landscaping techniques will be used to screen the tower from any
adjacent residential use; and,
(2) The proposed tower will accommodate at least one additional carrier of various
telecommunications services; and,
(3) The proposed tower and use will not create a blight on adjacent property, or
interfere with adjacent uses within the separation area; and
(4) An exception is necessary for the engineering design of the system of the tower
or that no other option is available to provide coverage for the service area.
f. Proposed towers must meet the following minimum separation requirements (see
Exhibit 35-42.B) from towers existing at the time a permit is granted unless constructed
for the purpose of providing co -location capacity on the same site as another tower
designed for the same purpose.
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Exhibit 35-42.B Existing Towers-Types and Minimum Separation Requirements
PROPOSED
TOWERS - TYPES
Lattice or
Guyed
150 ft. in Height
or Greater
Lattice or Guyed
less than 150 ft.
in
Height
Monopole
Towers
75 ft. in Height
or
Greater
Monopole Towers
Less Than 75 ft. in
Height
Lattice or Guyed 3,000 ft. 2,500 ft. 1,500 ft. 750 ft.
Monopole 75 ft. in
Height or Greater
1,500 ft. 1,500 ft. 1,500 ft. 750 ft.
Monopole Less Than 75
ft. in Height
750 ft. 750 ft. 750 ft. 750 ft.
For the purpose of this subsection, the separation distances shall be measured by drawing or following a
straight line between the center of the existing tower and the center, pursuant to a site plan, of the proposed
tower.
5. Method of Determining Tower Height. The height of the tower shall be measured as follows: the
vertical distance between the highest point of the tower and the natural grade below this point.
6. Illumination. Towers shall not be lighted unless required by the FAA or other State or Federal
agency with authority to regulate, in which case a description of the required lighting scheme
shall be made a part of the application to install, build or modify the tower. Lighting may also be
approved as a consistent component of a disguised support structure. Equipment cabinets and
shelters may have lighting only as approved by the Approval Authority on the approved site
plan. At the time of construction of a tower, dual mode lighting shall be requested from the FAA
in cases where there are residential uses located within a distance which is 300 percent of the
height of the tower from the tower.
7. Fencing and Screening. All towers shall be:
a. Surrounded by a minimum of six foot high solid screening wood or maintenance free
vinyl fence or decorative wall constructed of brick, stone or masonry materials.
b. In lieu of the required fence, an alternative means of screening may be approved by the
Approval Authority upon demonstration by the applicant that an equivalent degree of
visual screening will be achieved. Landscaping or other improvements may be required
for disguised support structures if needed to implement an approved disguise.
8. Bufferyard and Landscape. In addition to the Fencing and Screening requirements, parcels
containing towers, antenna towers or telecommunications facilities shall be in conformance with
the applicable bufferyard requirements in the zoning district where the tower, antenna tower or
telecommunications facilities are located. Existing vegetation shall be maintained to the extent
possible. The Approval Authority may require additional landscaping if to do so would make the
tower, antenna tower or telecommunications facility more reasonably compatible with the
surrounding area. All vegetation used in the landscaping shall be located outside any fenced
area.
9. Security. All towers must be secured to protect against trespass or unauthorized use of the
property, tower or telecommunications facilities.
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10. Access. All parcels upon which towers are located must provide access to at least two vehicular
parking spaces located within 100 feet of the tower. Traffic associated with the facility shall not
adversely affect traffic on adjacent streets.
11. Drainage. All parcels upon which towers are located must contain adequate drainage facilities,
which are approved by the Director.
S. Design, Construction, and Location Standards for Small Wireless Facilities in the Right of Way.
1. Small Wireless Facilities and Utility Poles shall be installed and maintained so as not to:
a. Materially interfere with the safe operation of traffic control equipment or City-
owned communications equipment.
b. Materially interfere with sight lines or clear zones for transportation, pedestrians,
or non-motorized vehicles.
c. Materially interfere with compliance with the Americans with Disabilities Act, or
similar federal or state standards regarding pedestrian access or movement.
d. Materially obstruct or hinder the usual travel or public safety on the right-of-way.
e. Materially obstruct the legal use of the right-of-way by the City, utilities,
authorized right-of-way users, or other third party.
f. Fail to comply with applicable codes or nationally recognized engineering
standards for utility poles or wireless support structures.
g. Fail to comply with reasonably objective and documented aesthetics of a
decorative pole and the applicant does not agree to pay to match the applicable
decorative elements.
h. Fail to comply with reasonable and nondiscriminatory undergrounding
requirements contained in City ordinances as of January 1, 2019, or subsequently
enacted for new developments, that require all utility facilities in the area to be
placed underground and prohibit the installation of new or the modification of
existing utility poles in a right-of-way without prior approval, provided that such
requirements may be waived by the City Council for good cause.
2. Small Wireless Facilities and supporting poles must be designed and certified by an
engineer to be structurally sound.
3. The City may require, upon adequate notice required by law and at the facility owner’s
expense, relocation of facilities as may be necessary in the interest of public safety and
convenience. Whenever, by reason of changes in the grade or widening of a street or in the
location of a utility line, drainage channel, or other city owned structure or facility, it is
deemed necessary by the City to move, alter, change, adapt, or conform the facilities of a
wireless provider, the wireless provider shall make the alterations or changes, on
alternative right-of-way provided by the city if available, as soon as practicable after being
so ordered in writing by the City without claim for reimbursement or damages against the
City.
4. Design and Aesthetics.
a. Where replacement of an existing decorative utility pole is necessary for location
or collocation of a small wireless facility, the replacement pole shall be of
reasonably similar design as the original.
5. Placement of Small Wireless Facilities within right-of-way shall require receipt of a Small
Wireless Facility Right-of-way permit as outlined in Section 35-72.H. Placement of Small
Wireless Facilities on public or private property outside of the right-of-way shall require
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receipt of a Telecommunication Facility Permit as outlined in Section 35-72.G. Routine
maintenance or replacement of previously permitted small wireless facilities that are the
same or smaller in size, weight, and height, and otherwise comply with all requirements of
this section and any applicable zoning requirements, shall not require a permit.
T R. Maintenance.
1. Permittees shall at all times employ ordinary and reasonable care and shall install and maintain
in use nothing less than commonly accepted methods and devices for preventing failures and
accidents which are likely to cause damage, injuries or nuisances to the public.
2. Permittees shall install and maintain towers, telecommunications facilities, wire, cables, fixtures
and other equipment in compliance with the requirements of the National Electric Safety Code
and all FCC, state and local regulations, and in such manner that will not interfere with the use of
other property.
3. All towers, telecommunications facilities and antenna towers shall at all times be kept and
maintained in good condition, order and repair so that the same shall not menace or endanger the
life or property of any person.
U S. Abandonment of Tower.
1. In the event the use of any tower has been discontinued for a period of two years, such tower
shall be deemed abandoned.
2. The Director shall provide the tower owner three months notice and an opportunity to appeal the
decision to the Board of Adjustment in accordance with Section 35 -70.J before declaring the
tower abandoned and ordering the removal or demolition of the tower. In the event the tower
owner provides evidence of intended use of the tower, an extension of no more than one year
may be granted by the Director.
3. After a public hearing is held pursuant to Section 35-70.J, the Board of Adjustment may order
the removal or demolition of the tower.
V T. Commercial Operation of Unlawful Tower or Antenna. Notwithstanding any right that may exist for a
governmental entity to operate or construct a tower or structure, it shall be unlawful for any person to
erect or operate for any private commercial purpose any new antenna, tower or disguised support structure
in violation of any provision of this Section, regardless of whether such antenna or structure is located on
land owned by a governmental entity.
W U. Penalty. Except as may otherwise be provided by law, any person violating this Section shall be subject
to a fine of not more than five hundred dollars ($500) or 90 days in jail or both. Each day the violation
continues shall constitute a separate offense.
X. Preemption. Notwithstanding any ordinance to the contrary, the procedures set forth in this
section, accompanying permitting requirements in Section 35-72, or elsewhere in this Chapter, shall
be applicable to all telecommunication facilities existing or installed, built, or modified after the
effective date of their passage to the fullest extent permitted by law, provided that no provision of
these sections shall apply to any circumstance in which such application shall be unlawful under
superseding federal or state law and furthermore, if any section, subsection, sentence, clause,
phrase, or portion of this section is now or in the future superseded or preempted by state or
federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall
be automatically interpreted and applied as required by law.
Y. Where required by law, terms used in this Section 35-42 and in Section 35-72.G and H shall have
the meanings set forth in Section 67.5092 and 67.5111 RSMo.
Section 2. Chapter 35 (Zoning Code), Section 35-72 Staff approval –
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development permits, is amended as follows:
G. Telecommunications Facility Permit.
1. Purpose. The purpose of a telecommunication facility permit is to ensure that the antennas and
antenna tower are installed safely, do not pose potential burdens on the public, and comply with
the standards of Article IV, Section 35-42.
2. Applicability. The placement of telecommunications facilities is a permitted use or a permitted
accessory use in several districts as set forth in Exhibit 35-28 and Section 35-42. Applications
for permitted uses shall adhere to the application and review procedures of this Section.
3. Application and Review Procedures.
a. Applications for a telecommunications facility permit shall be made on the appropriate
forms to the Director and accompanied by a payment of the telecommunication facility
permit review fee as outlined in Appendix Y. Deposit o f funds for reimbursement of
professional services, as outlined in Appendix Y, shall be submitted with
telecommunication facility permit applications for new towers or if requested by City
staff for other telecommunication facility permit applications. In addition to the above,
upon request by the Director, an applicant shall deposit with the City such additional
amounts reasonably necessary to reimburse the City for such anticipated costs and fees
for legal, engineering or other contractual or other consultant services determined by the
City to be needed in review or action on the application. No application for an
administrative permit under this section shall be deemed complete until the applicant
has paid all fees and deposits required under this Section. Any amount not used by the
City shall be refunded to the Applicant upon written request after a final decision.
b. The applicant shall submit, along with its completed application form, a detailed site
plan, based on a closed boundary survey of the host parcel, indicating all existing and
proposed improvements including buildings, drives, walkways, parking areas and other
structures, public rights-of-way, the zoning categories of the subject and adjoining
properties, the location of and distance to off-site residential structures, required
setbacks, required buffer and landscaped areas, hydrologic features, and the coordinates
and height AGL of the existing or proposed telecommunication facility.
c. The application shall be reviewed by the Director to determine compliance with the
above standards and transmit the application for review and comment by other
departments and public agencies as may be affected by the proposed facility. In the
event of an incomplete application, the Director shall notify the applicant that their
application is incomplete within 30 days, or 15 days for applications for Small
Wireless Facilities.
d. The Director shall issue a decision on the permit within 90 days of the date of
application for applications requesting co-locations, 45 days for applications
requesting co-location of Small Wireless Facilities, 60 days for applications for
Small Wireless Facilities that include a new, modified, or replacement Utility Pole,
or 150 days for all other applications or the application shall be deemed approved unless
the time period for review and action is extended in writing by the Director or Approval
Authority for reasonable cause. The Director may deny the application or approve the
application as submitted or with such modifications as are, in his/her judgment,
reasonably necessary to protect the safety or general welfare of the citizens consistent
with and to effectuate the purposes of this Chapter. The Director may consider the
purposes of Section 35-42 and the factors established therein for granting a
telecommunication facility permit, as well as any other considerations consistent with
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Section 35-42. A decision to deny an application shall be made in writing and state the
specific reasons for the denial.
4. Appeals. Unless otherwise required by law, appeals from the decision of the Director shall be
made first to the Board of Adjustment in accordance with Section 35-73.C regarding appeals
from administrative decisions. Final decisions of the Board of Adjust ment shall be subject to
judicial review pursuant to Chapter 536, RSMo.
5. Validity. The telecommunications tower permit shall be valid as long as the facility is in use and
is in compliance with all applicable city and federal regulations.
H. Small Wireless Facility Right-of-way permit.
1. Purpose. The purpose of a Small Wireless Facility Right-of-way permit is to ensure that
the small wireless facilities and associated support structures are installed safely, do not
pose potential burdens on the public, and comply with the standards of Article IV, Section
35-42.
2. Applicability. The placement of Small Wireless Facilities is a permitted use, a permitted
accessory use, or a Special Exception Use in several districts as set forth in Section 35-42.
Applications for permitted uses and applications for uses permitted by Special Exception
Permit shall adhere to the application and review procedures of this Subsection H.
3. Application and Review Procedures.
a. Applications for a Small Wireless Facility Right-of-way permit shall be made on
the appropriate forms to the Director and accompanied by a payment of the Small
Wireless Facility Right-of-way permit review fee as outlined in Appendix Y.
b. Applicants may file a consolidated application and receive a single permit for up to
twenty separate small wireless facilities provided that they are for the same or
materially same design and geographically proximate.
b. The applicant shall submit, along with its completed application form, a detailed
site plan and construction drawings, indicating all existing and proposed
improvements, property lines, existing utilities, height AGL of the existing and
proposed facility.
c. The application shall be reviewed by the Director to determine compliance with
the above standards and transmit the application for review and comment by
other departments and public agencies as may be affected by the proposed facility.
In the event of an incomplete application, the Director shall notify the applicant
that their application is incomplete within 15 days for applications for Small
Wireless Facilities.
d. The Director shall issue a decision on the permit within 45 days for applications
requesting co-location of Small Wireless Facilities or 60 days for applications for
Small Wireless Facilities that include a new, modified, or replacement Utility Pole,
or the application shall be deemed approved unless the time period for review and
action is tolled by agreement of the applicant and the City. The Director may deny
the application or approve the application as submitted or with such modifications
as are, in his/her judgment, reasonably necessary to protect the safety or general
welfare of the citizens consistent with and to effectuate the purposes of this
Chapter. A decision to deny an application shall be made in writing and state the
specific reasons for the denial. Applicants may cure the deficiencies identified by
the Director and resubmit the application within 30 days of the denial without
paying an additional application fee. The Director shall approve or deny the
revised application within 30 days. Any subsequent review shall be limited to the
deficiencies cited in the denial.
4. Appeals. Unless otherwise required121 law, appeals from the decision of the Director shall
be made to the Board of Adjustment in accordance with Section 35-73.0 regarding appeals
from administrative decisions.
(scriveners note: Re-letter existing subsection 4. Change of Use Permit to I.Change of Use Permit)
Section 3. Chapter 35, Section 35-92 (Definitions) is amended with insertion
of new definitions and edits to existing definitions as follows:
Right-of-Way. Property dedicated to the public for use as a public roadway,highway,street,sidewalk,alley,
or similar property used for public travel., but not including railroad right-of-way or public or private
easement.
(1) A strip of land acquired by reservation, dedication, forced dedication, prescription or
(2) the right of one to pass over the property of another.
Small Wireless Facility. A Telecommunication Facility that meets both of the following qualifications:
1. Each provider's antenna could fit within an enclosure of no more than six cubic feet in volume;
and
2. All other equipment associated with the facility, whether ground or pole mounted, is
cumulatively no more than twenty-eight cubic feet in volume, provided that no single Riese of
equipment on the utility pole shall exceed nine cubic feet in volume; and no single piece of
ground mounted equipment shall exceed fifteen cubic feet in volume, ee elusive equipment
required 1� an electric utility or municipal electric utility to power the small wireless facility.
Electric meters, concealment elements, demarcation boxes, grounding equipment, power
transfer switches,cut-off switches and vertical cable runs and related conduit for connection of
power and other services shall not be included in the calculation of equipment volume.
Utility Pole. A pole or similar structure that is or may be used in whole or in part a or for wireline
communications, electric distribution, lighting, traffic control, signage, or a similar function, or for the
location or collocation of small wireless facilities.
Section 4. Appendix Y is amended with the insertion of the following fees:
Chapter Section Section Title Fee
35 42 and 72 - --_ •• - -- _ -- _ •- -• -
Permit Application adv r+i inn fee
- --- " - -- - - .. - -- $25.00
- - -....• -- -- a-:_
reimbursement of professional services $1,500.00
35 42 and 72 Telecommunication Facility Fees Conditional Use $400.00 + $100.00
Permit Application advertising fee
35 42 and 72 Telecommunication Facility Fees Special $400.00 + $200.00
Exception Permit Application advertising fee
35 42 and 72 Telecommunication Facility Permit Review Fee $215.00
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Chapter Section Section Title Fee
35 42 and 72 Small Cellular Right-of-way Permit Review Fee $215.00
35 42 and 72 Telecommunication Facility Fees Deposit for $1,500.00
reimbursement of professional services
Section 5. This Ordinance shall be in full force and effect from and after the
date of its passage and approval.
Passed:''�1 irGh /8, A019 Approved: l glaw °I
OlaftiLte. ( v-t(A-t•
(eir‘ s
Presiding Officer Mayor Carrie Ter in
ATTEST: APPROVED AS TO FORM:
' ee,1144:11tti&liff44441
City Clerk Citj'ounselor
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