by Mary Wilson, mwilson@jcadvocate.com
The State of Missouri legislature in 2014 passed Senate Bill
(SB) 650, the Uniform Wireless Communications Infrastructure Deployment Act,
thus creating significant changes to law in response to what the
telecommunications industry lobby portrayed as municipal governments acting as
impediments to review and approve their proposed facilities, including towers
and accessory equipment. These changes were intended to limit or remove local
government authority for zoning and land use approvals.
The changes approved in SB 650 were brought forward to the
Grandview Board of Aldermen after a public hearing for approval on Tuesday,
September 27, in order to bring the city into compliance with the new law.
With the new bill, communications towers and facilities will
be permitted on buildings and structures 2 stories in height or greater. Mast
supporting antennas may extend up to ten feet above the roof line. In
residential districts, the existing structure must be on property developed
with a non-residential use. Applications will be required to submit a site plan
and associated fee, as they are subject to review. A building permit will also
be required.
The ordinance includes development standards, including a
minimum distance between towers, but removed the city’s authority of security
for maintenance or removal of antennas or towers.
“Senate Bill 650 came
about because of extensive lobbying at the state level by telecommunications
companies and I think what they’ve done is a tremendous disservice to cities,”
said Ward 3 Alderman Jim Crain. “We can no longer require financial security in
the form of a bond or letter of credit. We no longer have right of access. We
can no longer require the removal of abandoned antennas and towers. We can no
longer require proof of study of additional potential sites. What the state has
done has allowed telecommunications companies to come into cities and cram it
down our throats.”
After brief discussion Tuesday night, the Board of Aldermen
approved the changes, with Crain being the sole opposition to the ordinance.
“While I guess we have to abide by this, I strongly disagree
with it,” said Crain. Mayor Leonard Jones asked Crain if the bill was another
unfunded mandate. He responded, “I think it’s at least that. It’s not requiring
us to spend any money but it is certainly taking away local control.”
Bill number 7175 passed and thus became Ordinance 6923 in
the City of Grandview.
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