City of Glendale, MO Additional Use Regulations

[Ord. No. B08-18, 5-7-2018]

Definitions. For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

FENCE

Any permanent partition, structure, or gate erected as a dividing marker, barrier, or enclosure encircling either wholly or any portion of any area.

FRONT YARD

Includes the ground between the front building line of a lot and the property line if the lot is not built on, or if built on between the front line of the constructed primary structure extended to both side property lines of such lot, and the front property line of the lot. If such lot is a corner lot then, in addition to the front yard described above, the front yard, if such corner lot is not built on, shall also include the ground between the front building line and the side property line on the side of such lot, or if built on, between the side line of the constructed primary structure and the side property line extended to both the front and rear yard lot lines. Provided, however, that if there is a constructed primary structure to the rear of such corner lot in an adjacent lot that is closer to said side street than the constructed primary structure on the corner lot, then the front line of such adjacent building may be used to determine the front yard of the corner lot. In either event, however, the fence cannot extend beyond the rear line of the constructed primary structure on the corner lot. So that corner lots shall have a double front yard as defined herein. A "double frontage lot," having frontage on two (2) streets that do not intersect at such lot, shall be deemed as having two (2) front yards, one (1) on each street. This definition of a "double frontage lot" shall not apply, however, to any frontages zoned residential which abut a State-maintained road.

MASONRY WALL

Any solid wall of brick, stone, concrete or ceramic construction above the grade level of such property.

SOLID FENCE

Any fence whose total area shall be fifty percent (50%) or more of solid material, whether of wood, metal, plastic, stone, brick, concrete or other material, and fifty percent (50%) or less of whose area shall be open space.

Application To Building Commissioner Required. No person shall erect or cause to be erected a fence of any kind whatsoever without first filing an application for a fence permit with the Building Commissioner (or his/her designee) of the City. Such application shall contain information concerning the proposed dimensions and location of such fence, and the materials from which it is to be constructed. If the proposed fence appears to conform to the provisions of this Section, the Building Commissioner shall issue a permit. Each application for a fence permit shall be accompanied with payment of a permit fee of twenty-five dollars ($25.00). Upon completion of the fence, the property owner shall be required to schedule an inspection of the fence by the Building Commissioner. Payment of a separate fence inspection fee of twenty-five dollars ($25.00) shall be paid to the City in advance of the inspection.

Restrictions And Prohibitions.

It shall be unlawful to erect any fence in violation of the following provisions:

No masonry wall, solid fence, chain link fence, snow fence or fence over forty-two (42) inches in height shall be constructed in any front yard of any residentially zoned property in the City.

No fence, regardless of material or location, shall exceed six (6) feet in height.

No fence composed in whole or in part of barbed wire or electrified in any manner may be erected or maintained in the City along or adjacent to any public street, avenue, alley, park, lane or other public grounds or along or adjacent to any front, side or rear yard of any abutting residential or commercial property in the City; provided, that the Plan Commission may consider an appeal to grant a special permit to do so in the event such barbed wire is a minimum of six (6) feet above grade level.

Every fence constructed in the City shall have its decorative side facing outward from the lot and the area to be enclosed, and shall have its posts, framing and other structural support within or facing toward the interior of the lot and the area to be enclosed.

No fence of any kind shall be used for advertising purposes.

All fences shall be kept in good repair and, if of a type other than chain link or similar non-rusting material, shall be properly painted or preserved.

Fences shall not be located within fifteen (15) feet of the intersection of the right-of-way lines of two (2) intersecting streets.

No fence shall be located on public right-of-way.

It shall be the duty of the Building Commissioner to enforce the provisions of this Section. Whenever the Building Commissioner determines that a person is violating the provisions of this Section, he/she shall give notice of such alleged violation which shall:

Be in writing;

Be served upon the person, his/her agent, or a member of his/her immediate family personally, or delivered by registered or certified mail to his/her last known address;

Contain a statement of the reason why it is being issued;

Contain a statement concerning what action should be taken to effect compliance with this Section; and

Allow a reasonable time for the performance of any act necessary to effect compliance.

Any person who violates the provisions of this Section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Each separate day that a fence remains in violation of the provisions of this Section after proper notice of such violation and failure of the property owner to effect compliance shall constitute a separate violation.

Exceptions.

There shall be no appeal from a decision of the Building Commissioner pertaining to fences under this Section under the provisions of Section 400.930 or Section 500.050 of the Municipal Code.

When a person subject to the provisions of this Section can show that the strict application of the terms hereof will substantially impair the reasonable use and enjoyment of property, such person may apply for an exception to the provisions of this Section by filing a written application with the Plan Commission. The Plan Commission, or a standing committee thereof if one (1) is established for that purpose by the commission, shall conduct a hearing on said application after written notice is sent to the owners of all property abutting the property upon which the fence is sought to be erected and the owner of property directly across the street from the property upon which the fence is sought to be erected by First Class Mail.

The Plan Commission, or the designated committee thereof, may consider and allow exceptions from the strict application of this Section if such exceptions are in harmony with the purpose and intent of this Section, and if they will not be injurious to the surrounding property or otherwise detrimental to the public welfare, taking into account the location of the property, the permitted uses of the property and nearby properties, the prevailing traffic conditions on adjoining roadways and in the vicinity, and the configuration of the property and improvements thereon.

In granting an exception, the commission or the designated committee may attach such conditions as they deem necessary relating to location, design and landscaping to mitigate the impact of the fence variance on the adjoining property or general neighborhood.

All petitions for exceptions to the provisions of this Section of the Municipal Code relating to fences shall be accompanied by a payment of a fee of fifty dollars ($50.00) payable at the time such appeal is submitted.

If a person has sought an exception to the provisions of this Section by filing a written application with the Plan Commission and the Plan Commission denies such application for an exception, such person may appeal the Plan Commission’s negative recommendation to the Board of Aldermen within thirty (30) days of such denial.

[R.O. 2010 §400.815; Ord. No. 14-97 §1, 12-1-1997; Ord. No. 01-02 §1, 1-21-2002; Ord. No. B07-18, 5-7-2018[1]]

Purposes. The general purpose of this Section is to regulate the placement and construction of wireless communications facilities and support structures in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in Glendale. Specifically, this Section is intended to:

Provide for the appropriate location and development of wireless communications infrastructure to serve the citizens and businesses of the City of Glendale;

Minimize adverse visual impacts of wireless facilities and support structures through careful design, siting, landscape screening and innovative camouflaging techniques;

Ensure that any new support structure is located in an area compatible with the neighborhood or surrounding community to the extent possible;

Ensure that regulation of wireless facilities 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; and

Comply with applicable law including the Federal Telecommunications Act of 1996, 47 USC 332, and the Missouri Uniform Wireless Communications Infrastructure Deployment Act, Section 67.5090, RSMo., et seq.

Definitions. Any term not expressly defined herein shall have the meaning set forth in Sections 67.5090 through 67.5104, RSMo. As used in this Section, the following terms shall have the meanings and usages indicated:

AGL

Above ground level. Ground level shall be determined by the average elevation of the natural ground level within a radius of fifty (50) feet from the center location of measurement.

ANTENNA

Any device that transmits and/or receives electromagnetic signals for voice, data or video communications purposes, including, but not limited to, television, AM/FM radio, microwave, wireless communications services and similar forms of communications. The term shall exclude satellite earth station antennae less than two (2) meters in diameter (mounted within twelve (12) feet of the ground or building-mounted) and any receive-only home television antennae.

CABINET

A structure for the protection and security of communications equipment associated with one (1) or more antennae where direct access to equipment is provided from the exterior and that has a horizontal dimension that does not exceed four (4) feet by six (6) feet, and vertical height that does not exceed six (6) feet.

CITY ADMINISTRATOR

The City Administrator of the City of Glendale or his/her designee.

COLLOCATION

The placement or installation of a new wireless facility on a structure that already has an existing wireless facility, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes.

DISGUISED SUPPORT STRUCTURE

Any freestanding, manmade structure designed for the support of wireless facilities, the presence of which is camouflaged or concealed as an appropriately-placed architectural or natural feature. Depending on the location and type of disguise used, such concealment may require placement underground of the utilities leading to the structure. Such structures may include but are not limited to clock towers, campaniles, observation towers, water towers, light standards, flag poles and artificial trees.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT

The vertical distance measured from the average grade of the base of the structure at ground level to its highest point and including the main structure and all attachments thereto. Mean ground level shall be determined by the average elevation of the natural ground level within a radius of fifty (50) feet from the center location of measurement.

REPLACEMENT

Includes constructing a new wireless support structure of equal proportions and of equal height or such other height that would not constitute a substantial modification to an existing structure in order to support wireless facilities or to accommodate collocation and includes the associated removal of the preexisting wireless facilities or wireless support structure.

SHELTER

A building for the protection and security of communications equipment associated with one (1) or more antennae and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antennas is prohibited.

SUBSTANTIAL MODIFICATION

The mounting of a proposed wireless facility on a wireless support structure which, as applied to the structure as it was originally constructed:

Increases the existing vertical height of the structure by:

(1)

More than ten percent (10%); or

(2)

The height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; or

Involves adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than twenty (20) feet or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable);

Involves the installation of more than the standard number of new outdoor equipment cabinets for the technology involved, not to exceed four (4) new equipment cabinets; or

Increases the square footage of the existing equipment compound by more than one thousand two hundred fifty (1,250) square feet.

WIRELESS COMMUNICATIONS SERVICE

Includes the wireless facilities of all services licensed to use radio communications pursuant to Section 301 of the Communications Act of 1934, 47 U.S.C. Section 301.

WIRELESS FACILITY

The set of equipment and network components, exclusive of the underlying wireless support structure, including, but not limited to, antennas, accessory equipment, transmitters, receivers, power supplies, cabling and associated equipment necessary to provide wireless communications services.

WIRELESS SUPPORT STRUCTURE

A structure, such as a monopole, tower, or building capable of supporting wireless facilities. This definition does not include utility poles.

General Requirements. The requirements set forth in this Section shall be applicable to all wireless facilities and wireless support structures installed, built or modified after the effective date of this Section, to the full extent permitted by law.

Principal Or Incidental Use. Wireless facilities and wireless support structures may be either a principal use in all zoning districts or an accessory use to existing multiple-family institutional or non-residential uses, subject to any applicable district requirement relating to yard or setback.

Building Codes, Safety Standards, And Zoning Compliance. To ensure the structural integrity of wireless facilities and wireless support structures, the owner shall see that it is constructed and maintained in compliance with all standards contained in any State and local Building Codes, and the National Electric Safety Codes, as amended from time to time. In addition to any other approvals required by this Section, no wireless facilities and wireless support structures shall be erected prior to the issuance of a building permit.

Regulatory Compliance. All wireless facilities and wireless support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other State or Federal agency with the authority to regulate such facilities and support structures. Should such standards or regulations be amended, then the owner shall bring such facilities and support structures into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction, or modification of any wireless facility or support structure permitted by this Section shall be granted for any applicant having an incurred violation of this Section or any other governmental regulatory requirement related to such wireless facility or support structures within the City.

Security. All wireless facilities and wireless support structures shall be protected from unauthorized access by appropriate security measures. A description of proposed security measure shall be included as part of any application to install, build or modify wireless facilities or wireless support structures. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the City Administrator or by the Board of Aldermen in the case of a conditional use permit.

Lighting. Wireless facilities and wireless support structures 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 will be made part of the application to install, build or modify the wireless facilities or wireless support structure. Equipment cabinets and shelters may have lighting only as approved by the City Administrator on the approved site development plan.

Advertising. Unless a wireless facility and/or wireless support structure is disguised in the form of an otherwise lawfully permitted pole sign, the placement of advertising on structures regulated by this Section is prohibited.

Design.

Wireless facilities and wireless support structures, except disguised support shall maintain a galvanized steel finish or, subject to the requirements of the FAA or any applicable State or Federal agency, be painted a neutral color consistent with the natural or built environment of the site.

Wireless facilities other than antennae 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. New support structures shall be of a monopole design, unless it is shown that an alternative design would equally or better minimize any visual degradation.

Wireless facilities and wireless support structures shall not exceed the height limitation of any airport overlay zone as may be adopted by the City.

Wireless facilities mounted on a building or disguised support structure shall be of a color identical to or closely compatible with the surface to which they are mounted, and should be made to appear as unobtrusive as possible by location as far away as feasible from the edge of a building. Wireless facilities and wireless support structures mounted on the ground shall not exceed one hundred fifty (150) feet in height, except as provided in Subsection (F). Wireless facilities installed on a building shall not exceed twenty (20) feet from the highest point of the building, other than for licensed amateur radio uses.

Wireless facilities and wireless support structures mounted on the ground shall be surrounded by a minimum six (6) foot high decorative wall constructed of brick, stone or comparable masonry materials and landscape strip of not less than ten (10) feet in width and plated with materials which will provide a visual barrier to a minimum height of six (6) feet. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of screening may be approved by the City Administrator in the case of a permitted use or use permitted by administrative permit, or by the Board of Aldermen in the case of a conditional use permit, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved.

All wireless support structures shall be separated from any off-site single- or two-family residential structure a distance equal to the height of the wireless support structure. Wireless support structures on parcels adjacent to residentially zoned property shall meet the setbacks of the applicable zoning district as are required for a principal structure along the adjoining property line(s). Where adjacent to non-residentially zoned property, wireless support structures shall maintain setbacks as are required for accessory structures in such district.

Ground anchors of all guyed wireless support structures, if permitted, shall be located on the same parcel as the wireless support structures and meet the setbacks of the applicable zoning district.

Vehicle or outdoor storage on any the site of any wireless facility or wireless support structure is prohibited, unless otherwise permitted by the zoning.

On-site parking for periodic maintenance and service shall be provided at all wireless facility and wireless support structure locations consistent with the underlying zoning district.

(Reserved)

Time Limits. All applications regarding wireless facilities and wireless support structures shall be processed in accordance with the time limits established by Sections 67.5090 through 67.5103, RSMo.

10.

Fees. Fees for applications regarding wireless facilities and wireless support structures shall not exceed the limits established by Sections 67.5090 through 67.5103, RSMo.

11.

New Wireless Support Structure/Substantial Modification. Prior to the issuance of a building permit, administrative permit, or a conditional use permit, the City shall require an applicant proposing to construct a new wireless support structure, or to make a substantial modification to a wireless support structure, to include a copy of a lease, letter of authorization, or other agreement from the property owner evidencing applicant’s right to pursue the application and shall require such applicant to comply with all applicable permitting and land use ordinances of the City. Any decision denying such application shall be provided, in writing, to the applicant. With regard to an application for a new wireless support structure, the applicant shall provide to the City a statement affirming that it conducted an analysis of available collocation opportunities on existing wireless towers within the same search ring defined by the applicant, solely for the purpose of confirming that an applicant undertook such an analysis.

12.

Right-Of-Way Usage.

No person shall construct, operate, own, or maintain a wireless facility or wireless support structure with the City’s rights-of-way without first entering into a valid, unexpired rights-of-way use agreement with the City of Glendale, as required by Section 461.110 of this Code, unless otherwise specifically authorized under applicable Federal or State law or otherwise provided by ordinance.

For applications to construct or modify a wireless facility or wireless support structure in the City’s rights-of-way, the most restrictive adjacent underlying zoning district classification shall apply unless otherwise specifically zoned and designated on the District Map.

Pursuant to the City’s authority, including by Section 67.1830, RSMo., and due to the limited space in the City’s rights-of-way and in order to minimize obstructions and interference with the use of the rights-of-way and to ensure traffic safety, preserve property values, and enforce the public policy to maintain neutrality as to ownership of wireless locations, wireless facilities, support structures and equipment shall not be permitted in the rights-of-way on new structures unless the Board of Aldermen determines on a non-discriminatory basis such proposed application is in the public interest addressing all concerns stated in this Section, and provided such use and location has received prior, separate zoning authorization to the extent permitted by law. In such circumstances where any new wireless facility or wireless support structure is permitted in the rights-of-way, such uses shall be subject to reasonable regulations, including any applicable specifications, compensation, and other terms established by the City in such approval or agreements. Wireless antennas and related facilities on existing structures or underground may be permitted in the same manner as other uses in the rights-of-way but subject to approval, denial or condition relating to location, design, height, appearance, safety, and such other zoning, building specification or other regulations, except as may be limited by law.

Permitted Use. The placement as follows of antennas and towers are permitted in all zoning districts upon the issuance of a building permit by St. Louis County:

Collocation and replacement applications, provided that no permit may be issued for collocation to a certified historic structure as defined in Section 253.545, RSMo., until at least one (1) public hearing has been held by the Director within thirty (30) days prior to issuance. The City Administrator shall post public notice of such hearing in a prominent location at the City hall at least fifteen (15) days in advance of such hearing and shall provide written notice to all property owners within the City limits whose property lies within three hundred (300) feet of the parcel for which an application has been submitted. Collocation and replacement applications shall be required to comply with all applicable State and local building codes, National Electric Safety Code, recognized industry standards for structural safety, capacity, reliability, and engineering, but shall not be required to comply with other zoning or land use requirements, including design or placement requirements or public hearing review.

The mounting of antennae on any existing building or structure such as a water tower, provided that the presence of antenna is concealed by architectural elements or satisfactorily camouflaged by painting a color identical to the surface to which they are attached.

The mounting of antennae on or within any existing high voltage electric transmission tower, but not exceeding the height of such tower by more than ten (10) feet.

The installation of antennae or the construction of a wireless facility or wireless support structure on buildings or land owned by the City following the approval of a lease agreement by the Board of Aldermen.

Administrative Permit.

Authorization By Administrative Permit. The placement as follows of antenna and towers is permitted in all zoning districts only by administrative permit approved by the City Administrator:

The construction of a disguised support structure provided that all related equipment shall be placed underground or concealed within the structure when the structure is located in any district other than a district authorizing industrial uses. Equipment may be placed in a cabinet if the disguised support structure is incidental to an industrial, commercial, institutional or other non-residential use.

The placement of dual polar panel antennas on wooden or steel utility poles not to exceed forty (40) feet in height provided that all related equipment is contained in a cabinet.

Wireless support structures erected and maintained for a period not to exceed thirty (30) days for the purpose of replacing an existing tower, testing an existing or proposed network, or special events requiring mobile towers.

The installation of wireless facilities antennas or the construction of a wireless support structure on buildings or land owned by a political subdivision of the State, other than the City of Glendale.

Application Procedures. Applications for administrative permits shall be made on the appropriate forms to the City Administrator and accompanied by payment of the established fee.

A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted 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 landscape areas, hydrologic features, and the coordinates and height AGL of the existing or proposed wireless facility and/or wireless support structure.

The application shall be reviewed by the Building Inspector and Administrator 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 wireless facility and/or wireless support structure.

The City Administrator shall issue a decision on the permit within the applicable time limits. The City Administrator may consider the purposes of this Section and the factors established herein for granting a conditional use permit as well as any other considerations consistent with this Section and applicable law. A decision to deny an application shall be made in writing, and state the specific reasons for denial.

Appeals. Appeals from the decision of the City Administrator shall be made to the Board of Adjustment.

Conditional Use Permit Required. All proposals to install, build or modify wireless facility or wireless support structure not permitted by Subsections (D) or (E) above, shall require the approval of a conditional use permit following a duly advertised public hearing.

Applications For Conditional Use Permits. Applications shall be filed and processed subject to and in the manner and time frame as established in Section 400.810 of the Zoning Code, and, if applicable, Sections 67.5090 through 67.5103, RSMo. A decision by the Board of Aldermen shall be made only after a public hearing has been held and the applicant has been referred to the City Plan Commission for their reports and recommendations. A decision by the board on an application 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.

Additional Minimum Requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantive evidence that placement of a wireless facility or support structure pursuant to Subsection (D) “Permitted Uses” or Subsection (E) “Administrative Permits” of this Section is not technologically or economically feasible. The Board of Aldermen may consider current or emerging industry standards and practices, among other information, in determining feasibility.

Additional Limitations.

No wireless support structure shall be approved at a height exceeding one hundred fifty (150) feet AGL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant’s system or that of a public safety communications system of a governmental entity sharing the tower. 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 or the reason why such alternatives are not viable.

If the City has by order agreed to participate in a multi-municipality commission to coordinate new tower or support structure applications, an application made pursuant to this Section shall also be submitted to such commission simultaneous with the filing of the request with the City. The Plan Commission may consider any comments from such Commission, but shall not allow a delay in receiving such comments to significantly delay a decision on the conditional use permit.

Obsolete Non-Complying Tower Structures. Any upper portion of a wireless support structure which is not occupied by active wireless facilities for a period of twelve (12) months, and any entire support structure which is not so occupied for a period of six (6) months, shall be removed at the owner’s expense. Removal of upper portions of a support structure manufactured as a signal unit shall not be required. Failure to comply with this provision shall constitute a nuisance that may be remedied by the City at the tower or property owner’s expense. To the extent permitted by law, any application for a new support structure or disguised support structure not built as a disguised part of another existing or permitted structure shall place a bond or other security with the City prior to any final approval for the purpose of removing any tower or disguised structure as required herein and to compensate the City for performing proper maintenance of such support structures or disguised support structures to ensure such structures do not become unsafe or otherwise fail to comply with the requirements of this Section. The bond or security shall be in the form approved by the City Administrator, and in the amount of fifteen thousand dollars ($15,000.00), or such other amount as is determined by the City Administrator to satisfy the requirements hereof with regard to the specific tower or structure to which it would apply.

Commercial Operation Of Unlawful Tower Or Antennae. 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 wireless facility, wireless support structure or disguised support structure in violation of any provision of this Section, regardless of whether such facility or support structure is located on land owned by a governmental entity.

Penalty. Any person violating this provision shall be subject to a fine of not more than five hundred dollars ($500.00) or ninety (90) days in jail, or both. Each day the violation continues shall constitute a separate offense.

Severability. If any Subsection, sentence, clause, phrase or portion of this Section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

Repeal Of Laws In Conflict. This Section supersedes all ordinances or parts of ordinances adopted prior hereto which are in conflict herewith, to the extent of such conflict.

[1]

Editor's Note: Ord. No. B07-18 also changed the title of this Section from "Telecommunications Towers" to "Wireless Facilities And Wireless Support Structures."