WIRELESS COMMUNICATION FACILITIES

Kansas City Zoning and Development Code pt. 300 Series, div. 88-385

in effect

Kansas City Zoning and Development Code § 88-385-01 PURPOSE

88-385-01 - PURPOSE This article provides regulations applicable to wireless communication systems. Because the city, along with federal and Missouri regulators have a responsibility to properly implement the regulations developing around new technology, the terms used in this chapter shall have the meanings used in Federal and state law. 88-385-01-A. CO-LOCATION AS CITY POLICY Wireless communication providers are encouraged to co-locate at single sites unless technically and economically impossible. This goal recognizes that the reduction in the number of facilities may result in an increase in the height of facilities that are permitted. 88-385-01-B. INDUSTRY COOPERATION Wireless communications providers should work together to develop a network of wireless communications facilities and sites that all providers can share to minimize the number of facilities. 88.385-01-C. NOT SECOND PRINCIPAL USE The construction of a wireless communications facility will not be considered a second principal use of property. 88-385-01-D. RADIO FREQUENCY EMISSIONS Any wireless communications facility that produces radio frequency emissions which fails to comply with regulations of the Federal Communications Commission may not be operated. (Ord. No. 120783, § 1, 10-4-2012)

Kansas City Zoning and Development Code § 88-385-02 BUILDING PERMIT REQUIRED

88-385-02 - BUILDING PERMIT REQUIRED The construction of a wireless communications facility requires a building permit where required by Chapter 18, "Building & Rehabilitation Code," Code of Ordinances. In addition to the requirements of the building code, an applicant for a building permit must meet the requirements of this article. In this article, the term "applicant" means the entity wishing to place a wireless communications facility in the city. (Ord. No. 120783, § 1, 10-4-2012)

Kansas City Zoning and Development Code § 88-385-03 SITE PLAN

88-385-03 - SITE PLAN When seeking a building permit, an applicant must submit a site plan showing the conditions required by this article, and other applicable regulations, including Chapter 18, "Building and Rehabilitation Code," Code of Ordinances, and Chapter 2, Article VI, Division 8, "Historical Preservation Commission," Code of Ordinances. (Ord. No. 120783, § 1, 10-4-2012; Ord. No. 150313, § A, 4-30-2015; Ord. No. 151013, § A, 12-10-2015)

Kansas City Zoning and Development Code § 88-385-04 CO-LOCATED FACILITIES

88-385-04 - CO-LOCATED FACILITIES The standards of this section apply to co-located antennas (attached to existing towers or other structures). 88-385-04-A. CO-LOCATION ON EXISTING WIRELESS COMMUNICATION FACILITY Installation of a wireless antenna and associated equipment on an existing wireless communication facility is a permitted use in all zoning districts. 88-385-04-B. CO-LOCATION BY ATTACHMENT TO EXISTING STRUCTURE This subsection addresses the installation of a tower or antenna on an existing structure, other than a wireless communication facility tower, including but not limited to buildings, light poles, water towers, commercial signs, church steeples, and any other freestanding structures. Such co-located facilities, including associated equipment and accessory structures, are subject to the following standards: 1. HEIGHT a. In zoning districts with maximum height limits, co-located facilities, including antennae, may not extend above the highest point of the structure to which it is attached by more than: 1. 10 feet, if the structure is 40 feet in height or less; 2. 15 feet, if the structure is more than 40 feet in height or less than 60 feet in height; or 3. 35 feet, if the structure is 60 feet in height or higher. b. In zoning district with no maximum height limits, there is no limit on the height of the co-located facility. 2. EQUIPMENT BUILDINGS AND CABINETS a. All equipment buildings must maintain the appearance of a permanent structure. b. All equipment buildings and cabinets must be screened in accordance with 88-425-08-B. Rooftop equipment must be screened in accordance with 88-425-08-C. c. Ground mounted equipment buildings and cabinets must comply with applicable setback regulations of the subject zoning district for accessory structures. 3. ANTENNA DIMENSIONS Antennas on co-located facilities may not be more than 8 feet high or wide. 4. ANTENNA PROJECTION The antenna of such a co-located facility may not project more than 3 feet from the side of the structure, nor may any equipment shelter or platform or other supporting electrical or mechanical equipment that is mounted on the structure be located within 5 feet of the outer edge of the structure. 5. ANTENNA DESIGN The antenna and associated equipment of such a co-located facility must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure or building so as to make the antenna and associated equipment as visually unobtrusive as possible. (Ord. No. 120783, § 1, 10-4-2012; Ord. No. 180850, § A, 11-15-2018)

Kansas City Zoning and Development Code § 88-385-05 FREESTANDING FACILITIES

88-385-05 - FREESTANDING FACILITIES The standards of this section apply to freestanding facilities constructed for the primary purpose of supporting wireless communication equipment. 88-385-05-A. LOCATION 1. TECHNICAL DATA An applicant for a freestanding facility must provide engineering or other appropriate technical data establishing the need for a facility at the requested location. 2. CO-LOCATION An applicant must describe efforts made to co-locate the required equipment on existing wireless communications facilities and on other existing structures. An applicant must describe why co-location is not possible, thus requiring the construction of a new freestanding facility. All new facilities must be constructed to permit the co-location of no less than two additional wireless communication providers. 3. PUBLIC SAFETY FACILITIES As a condition precedent to obtaining a building permit to construct a freestanding facility, the owner must agree to permit the co-location of public safety communications facilities owned or operated by the city or the city police department on terms and conditions mutually agreeable to each party. 4. CONSIDERATION OF PUBLIC PROPERTY An applicant must indicate whether public property, particularly property of the city, is appropriate for placement of a freestanding facility. Efforts to locate the required equipment on public property must be described. If the use of public property is not possible, the applicant must explain why a freestanding facility cannot be placed on public property. 5. SEPARATION OF FACILITIES a. ONE MILE SEPARATION Monopoles or other towers constructed as part of a freestanding facility may not be located closer than within a one mile radius of the center of the base of another monopole or other tower constructed as part of a freestanding facility. b. EXCEPTION A freestanding facility may be located within the one-mile radius of another freestanding facility if an engineering or other appropriate technical study establishes that there are not suitable sites available that meet the one mile separation requirement. A lack of suitable sites means that freestanding facilities available for co-location, no existing buildings or other structures available for placement of equipment or, for engineering or other appropriate technical reasons, equipment must be located closer than one mile to the freestanding systems. 88-385-05-B. SETBACKS 1. PROPERTY LINES a. FRONT PROPERTY LINES A setback of at least 50 feet must be provided from the front property line to the edge of the freestanding facility and/or all associated equipment, measured at the ground, unless a larger setback applies. b. ALL OTHER PROPERTY LINES Freestanding facilities and/or all associated equipment must comply with the setback requirements from all property lines, applicable to all primary structures located in the subject zoning district as measured from the edge of the freestanding facility and/or all other associated equipment. 2. RESIDENTIAL DISTRICTS Monopoles or other towers may not be located within 200 feet of any residential structure located within a residential zoning district. If a wireless communications facility is taller than 200 feet, the separation from the edge of the monopole or tower to a residential structure located within a residential district must equal at least the height of the monopole or tower. 88-385-05-C. TYPE OF FACILITY In zoning districts in which freestanding facilities are permitted, such towers must be of a monopole or disguised antenna support structure design, with buildings and equipment no larger than necessary to house and protect the required equipment. Alternative tower designs (i.e., guyed towers and self-support towers) may be approved in zoning districts in which freestanding facilities are permitted, but only in accordance with the special use approval procedures of 88-525. Guyed towers may only be approved in industrial and agricultural zoning districts. 88-385-05-D. SCREENING Visual screening must be provided around all equipment buildings and cabinets and ground-level portion of the wireless communication facility. Screening may be accomplished by visual barrier fence or landscaping, or both. Landscaping must provide screening throughout all seasons. 88-385-05-E. LIGHTING Only basic security lighting is permitted. Lighting may not result in glare on the adjacent properties. A lighting ring chart may be provided as part of the plan submitted for approval of any facility. This requirement does not preclude the use of light poles, athletic field light structures or other sources of light from being used to disguise or to support wireless communications facilities. Lighting required by federal authorities including the Federal Communications Commission of the Federal Aviation Administration are recognized as superseding local requirements for lighting when the requirements are inconsistent. 88-385-05-F. SIGNS A wireless communications facility may not have signage for business identification or advertising attached or incorporated into the facility except for a sign no larger than 12 inches by 18 inches that contains the name of the operator, an emergency telephone number and the site name/number. This prohibition does not preclude the use of existing signs or billboards from being used to disguise or to support wireless communications facilities. This prohibition is not intended to supersede any requirement by the Federal Communications Commission or other appropriate agency for identification signs. (Ord. No. 120783, § 1, 10-4-2012)

Kansas City Zoning and Development Code § 88-385-06 GENERAL REQUIREMENTS

88-385-06 - GENERAL REQUIREMENTS 88-385-06-A. SCREENING Visual screening must be provided around all equipment buildings and cabinets and ground-level portion of the wireless communication facility. Screening may be accomplished by visual barrier fence or landscaping, or both. Landscaping must provide screening throughout all seasons. 88-385-06-B. LIGHTING Only basic security lighting is permitted. Lighting may not result in glare on the adjacent properties. A lighting ring chart may be provided as part of the plan submitted for approval of any facility. This requirement does not preclude the use of light poles, athletic field light structures or other sources of light from being used to disguise or to support wireless communications facilities. Lighting required by federal authorities including the Federal Communications Commission of the Federal Aviation Administration are recognized as superseding local requirements for lighting when the requirements are inconsistent. 88-385-06-C. SIGNS A wireless communications facility may not have signage for business identification or advertising attached or incorporated into the facility except for a sign no larger than 12 inches by 18 inches that contains the name of the operator, an emergency telephone number and the site name/number. This prohibition does not preclude the use of existing signs or billboards from being used to disguise or to support wireless communications facilities. This prohibition is not intended to supersede any requirement by the Federal Communications Commission or other appropriate agency for identification signs. 88-385-06-D. COLOR AND MATERIALS The color of a wireless communications facility should be a neutral shade. However, a wireless communications facility shall be painted to match structures to which the facility is attached or to which it is made a part in an effort to disguise the facility. Color schemes required by federal authorities, including the Federal Communications Commission or the Federal Aviation Administration are recognized as superseding local requirements for color when the requirements are inconsistent. The design of the facility shall use building materials, textures, screening and/or landscaping to effectively blend the facility into the surrounding setting and built environment. 88-385-06-E. EQUIPMENT BUILDINGS OR CABINETS Buildings or cabinets shall be properly maintained, and provide the appearance of a permanent structure. Buildings or cabinets shall be consistent with the built environment around the facility to maximize the blending of the facility into the environment. 88-385-06-F. ACCESS ROADS Access roads shall meet requirements of 88-420-15-C. Interior limited access drives on sites zoned M, AG-R, or R-80 with a minimum of 3 acres may be constructed of gravel or other non-asphalt or non-concrete approved surface if the following provisions are met: a. Any access road must be paved for the first 25 feet from the right-of-way. b. The surface of the access road must meet the requirements of 88-420-15-M. 88-385-06-G. REMOVAL OF FACILITIES 1. REMOVAL OF UNUSED FACILITIES Any wireless communications facility no longer used for its original communications purpose shall be removed at the owner's or permit holder's expense. The owner or permit holder shall provide a copy to the city of any federally required notice of intent to cease operations. This notification shall be provided to the city planning and development director. The owner or permit holder shall have 90 days in which to remove the facility from the date operations cease. In the case of multiple operators sharing a single facility, this provision shall not become effective until all users cease operations. 2. PUBLIC NUISANCE DECLARED Any wireless communications facility unused for more than 90 days as part of an operating wireless communications system but not removed in accordance with the requirements of this section is declared a public nuisance. The director of neighborhood and community services will enforce this declaration of nuisance pursuant to the terms of chapter 48 "Nuisances," Code of Ordinances. (Ord. No. 120783, § 1, 10-4-2012; Ord. No. 170360, §§ 1, 2, 6-15-2017)

Source: City of Kansas City, Missouri, Code of Ordinances, Charter and Zoning and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/mo/kansas_city/codes/zoning_and_development_code?nodeId=ZODECOKAMI_300_SERIESUSRE_88-385WICOFAFetched: 10/28/2026