Ordinance No. 1326 12-28-2015
CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
ORDINANCE NO. 1326
AN INTERIM ORDINANCE FOR THE PROHIBITION OF APPROVING AND SITING
NEW TELECOMMUNICATIONS TOWERS AND WIRELESS
TELECOMMUNICATIONS FACILITIES TO ALLOW FOR THE STUDY, ADOPTION
OR AMENDMENT OF OFFICIAL CONTROLS RELATED TO THE CITY’S ZONING
CODE
_________________________________________________________
THECITYCOUNCILOFTHECITYOFFRIDLEYORDAINSASFOLLOWS:
Section One. Purpose and Intent.
The purpose and intent of this Ordinance is to prohibit
the approval and siting of new telecommunication towers and wireless telecommunications facilities
during the City’s study and planning activities related to current telecommunication tower and
wireless telecommunications facilities regulations as well as the City’s analysis of technology,
government and emergency radio communications, and private cellular telecommunications and the
inherent need for towers and facilities to support communication technologies. This Ordinance
prohibits the approval and siting of new telecommunication towers and wireless telecommunications
facilities during the City’s planning processes. The City’s Zoning Code currently defines a “tower” as
“a self-supporting lattice, guyed, or monopole structure constructed from grade which
supports wireless telecommunications facilities. The term ‘tower’ shall not include
amateur radio operator’s equipment as licensed by the FCC.”
The City’s Zoning Code currently defines “wireless telecommunications facilities” as
“any cables, wires, lines, wave guides, antennas, and any other equipment or facilities
associated with the transmission or reception of communications (other than radio or
television broadcast communications) which a person seeks to locate or have installed
upon or near a tower or an antenna support structure. However the term wireless
telecommunications facilities shall not include:
A.Any satellite earth station antenna two meters in diameter or less
which is located in an area zoned industrial or commercial; and
B.Any satellite earth station reception antenna one meter or less in
diameter, regardless of zoning category; and
C.Automatic meter reading systems.”
Telecommunication towers and wireless telecommunications facilities are permitted uses or special
uses on approved sites identified in City Code Chapter 205.30. This Ordinance is also intended to
facilitate the study, adoption or amendment of official controls related to Fridley City Code, Chapter
205.30, which currently contains general telecommunications tower and wireless antenna facilities
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standards, telecommunications tower and wireless antenna facilities performance standards,
telecommunications tower and wireless antenna facilities prohibitions, and tower standards by zoning
district for some, but not all zoning districts.
Section Two. Preliminary Findings.
1. Minnesota Statutes, Section 462.355, Subdivision 4, authorizes municipalities to adopt
interim ordinances to regulate, restrict or prohibit any use, development, or subdivision for the
purpose of protecting the planning process and the health, safety and welfare of its citizens.
2. On December 14, 2015, City planning staff completed a staff report documenting the
grounds and necessity for re-examination of current telecommunication tower and wireless
telecommunications facilities regulations.
3. On December 14, 2015, the City planning staff report together with a draft copy of
this interim ordinance was presented to the City Council at its regular meeting for purposes of a
public meeting and seeking direction from the City Council regarding the existing telecommunication
tower and wireless telecommunications facilities regulations, future telecommunication tower and
wireless telecommunications facilities regulations, and regarding telecommunication tower and
wireless telecommunications facilities regulations for the various City zoning districts. The City
Council provided general direction to City planning staff indicating a desire for additional study and
the creation of draft zoning code amendments. The Council also indicated a desire to restrict new
telecommunication tower and wireless telecommunications facilities construction until the Planning
Commission and City Council could consider draft zoning code amendments and regulations relating
to telecommunication tower and wireless telecommunications facilities which reasonably regulate and
support new telecommunication technologies.
4. The City’s planning process has identified the need to analyze various interrelated
planning factors to facilitate the zoning regulation of telecommunication tower and wireless
telecommunications facilities in various zoning districts and related new telecommunication
technologies. As stated above, telecommunication tower and wireless telecommunications facilities
are either permitted or special uses pursuant to the City’s various zoning districts. Fridley City Code,
Chapter 205.30 currently contains general telecommunication tower and wireless telecommunications
facilities standards, telecommunication tower and wireless telecommunications facilities performance
standards, telecommunication tower and wireless telecommunications facilities prohibitions, and
telecommunication tower and wireless telecommunications facilities standards by zoning district for
some, but not all zoning districts. Some Minnesota cities have enacted more expansive and updated
telecommunication tower and wireless telecommunications facilities regulations in response to
technological changes and advancements in the telecommunication industry. The City’s planning
process has identified the need to study and analyze the City’s current telecommunication tower and
wireless telecommunications facilities regulations as well as possible different regulation approaches
and enhancements.
Section Three. Interim Ordinance.
1. Any new telecommunication tower and wireless telecommunications facilities
including amateur radio communication towers and equipment not licensed by the FCC, government
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and emergency radio communication towers, and private cellular telecommunication tower and
wireless telecommunications facilities with the term “tower” being defined as
“a self-supporting lattice, guyed, or monopole structure constructed from grade which
supports wireless telecommunications facilities. The term ‘tower’ shall not include
amateur radio operator’s equipment as licensed by the FCC.”
(hereinafter defined as “Prohibited Communication Towers”) and the term “wireless
telecommunication facilities” being defined as
“any cables, wires, lines, wave guides, antennas, and any other equipment or facilities
associated with the transmission or reception of communications (other than radio or
television broadcast communications) which a person seeks to locate or have installed
upon or near a tower or an antenna support structure. However the term wireless
telecommunications facilities shall not include:
D.Any satellite earth station antenna two meters in diameter or less
which is located in an area zoned industrial or commercial; and
E.Any satellite earth station reception antenna one meter or less in
diameter, regardless of zoning category; and
F.Automatic meter reading systems.”
(hereinafter defined as “Prohibited Wireless Telecommunications Facilities”) shall be prohibited for a
period of twelve (12) months from the effective date of this Interim Ordinance. For said period of
twelve (12) months from the effective date of this Interim Ordinance:
a. No building permit applications shall be filed by applicants, accepted by the
City, or approved by the City for Prohibited Communication Towers and
Prohibited Telecommunications Facilities;
b. No building permits shall be issued for Prohibited Communication Towers and
Prohibited Wireless Telecommunications Facilities; and
c. No site plan review applications, rezoning applications, conditional use permit
applications, interim use applications, zoning text amendments or variance
applications shall be filed by applicants, accepted by the City, or approved by
the City for Prohibited Communication Towers and Prohibited Wireless
Telecommunications Facilities; and
d. No comprehensive plan amendment applications shall be filed by applicants,
accepted by the City, or approved by the City to if said comprehensive plan
amendment is related to an application for Prohibited Communication Towers
and Prohibited Wireless Telecommunications Facilities; and
e. The scope of this Interim Ordinance is not intended to prohibit the application
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and approval of building permits to install communications antennae and
equipment on existing and previously approved telecommunications towers
and wireless telecommunications facilities; and
f. All applications subject to this Interim Ordinance that are pending or that are
received during the time that this Interim Ordinance is in effect shall be
deemed to be denied for purposes of Minnesota Statutes, Section 15.99. The
City staff shall cause notification of such denial to be given to all applicants in
writing stating the adoption of this Interim Ordinance as the reason therefor.
Any application fees paid or escrow deposits made in connection with such
applications shall be returned or refunded to the applicant(s).
Section Four. Study.
During the period of this Interim Ordinance, the Planning Commission
and the City Council shall direct the City staff and consultants to study the required planning factors,
to submit research and reports as necessary and to schedule public hearings that will facilitate
property owners, business owners, public entities and general public input for the timely amendment
or confirmation of the official controls related to the Prohibited Telecommunication Towers and
Prohibited Wireless Telecommunications Facilities.
Section Five.Effective Date.
This Interim Ordinance shall be in full force and effect fifteen
(15) days after the date of its publication.
TH
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28
DAY OF DECEMBER 2015. 2015.
CITY OF FRIDLEY
By:
Scott J. Lund
Its Mayor
ATTEST:
__________________________________
Debra A. Skogen, City Clerk
Public Hearing: December 14, 2015
First Reading: December 14, 2015
Second Reading: December 28, 2015
Publication Date: January 8, 2016