Notice of Ord 1326 AFFIDAVIT OF�UBLICATII�N CitY of Fridley dards, telecommunications tower munication industry. The City's
and wireless antenna facilities pro- planning process has identified the
STATE OF MINNESOTA ) (Official Publication) hibitions, and tower standards by nced to study and anayze the City's
COUNTY OF ANOKA ss CITY OF FRIDLEY zoning district for some,but not all current telecommunication tower
ANOKA COUN7Y,MINNE- zoning districts. and wireless telecommunications
SOTA ORDINANCE NO.1326 Section Two. Preliminary Find- facilities regulations as well as pos-
Charlene Vold being duly swom on an oath, AN INTERIM ORDINANCE ings. sible different regulation approach-
states or af�irms that he/she is the Publisher's FOR THE PROHIBITION OF 1. Minnesota Statutes, 5ection es and enhancements.
APPROVING AND SITING NEW 462.355, Subdivision 4, authorizes Section Three. I�terim Ordi-
Designated Agent of the newspaper(s)known TELECAMMUNICATIONS municipalities to adopt interim or- nance.
8S: TOWERS AND WIRELESS dinances to regulate, restrict or 1. Any new telecommunication
TELECOMMUNICATIONS prohibit any use, development, or tower and wireless telecommuni-
SF Columbia Heights/Fridley FACILITIES TO ALLOW FOR subdivision for the purpose of pro- cations facilities inciuding amateur
THE STUDY,ADOPTION OR tecting the planning process and radio communication towers and
AMENDMENT OF OFFICIAL the heaRh,safety and wetfare of its equipment not licensed by the FCC,
with the known o�ce of issue being located C�NTROLS RELATED TO citizens. govemment and emergency radio
in the COUnty Of: TNE CITY'S ZONING CODE 2. On December 14,2015, City communication towers,and private
ANOKA THE CITY COUNCIL OF THE planning sfaff completed a staff re- cellular telecommunication tower
CITY OF FRIDLEY ORDAINS AS port documenting the grounds and and wireless telecommunications
with additional circulation in the counties of: Fo��ows: necessicy tor re�Xamination of cur- facilfties with the term"tower"being
ANOKA Section One. Purpose and In- rent telecommunication tower and defined as
and h3S full knowledge of the faCts stated tent The purpose and intent of this wireless telecommunications facili- "a self-supporting lattice,guyed,
Ordinance is to prohibit the approv- ties regulations. or monopole structure constructed
belOw: al and sitirg of new telecommunica- 3. On December 14, 2015, the from grade which supports wireless
(A)The newspaper has complied with all of tion mwers and wireless telecom- City planning staff report together telecommunications facilities. The
the requirements constituting qualitica- munications facilities during the with a draft copy of this interim term'tower'shall not include ama-
tion as a qualified newspaper as provided City's study and pla�ning activiUes ordinance was presented to the teur radio operator's equipment as
by Minn. Stat.§331A.02, related to curtent telecommunica- City Council at its regular meet- licensed by the FCC."
tion tower and wireless telecom- ing for purposes of a public meet- (hereinafter defined as "Prohib-
(B)This Public Notice was printed and pub- munications facilities regulations as ing and seeking direction irom the ited Communication Towers'� and
lished in Said newspapei(S) onCe eaCh Weli as the City's analysis of tech- City Council regarding the existing the term"wireless telecommunica-
Wcek, fOT 1 SuCCessiVe WCek(S�; the fii'St nobgy,govemment and emergency telecommunication tower and wire- tion tacilities"being defined as
insertion being on O1/08/2016 and the last �1O communications, and private less telecommunications facilities "any cables, wires, lines, wave
cellular telecommunications and regulations, future telecommunica- guides, antennas, and any other
1nSeI'tlOn beiIIg oII Ol/08/2016. the inherent need for towers and tion tower and wireless telecommu- equipment or facilities associated
facilities to support communica- nications facilities regulations, and with the transmission or reception
MORTGAGE FORECLOSURE NOTICES tion technologies. This Ordinance regarding telecommunication tower of communications (other than ra-
prohibits the approval and siting and wireless telecommunications dio or television broadcast com-
Pursuant to Minnesot8 Stat. §580.033 of new telecommunication towers facilities regulations for the various munications)which a person seelcs
relating to the publicatlon of mortgage and wireless telecommunications Cityzoningdist�cts.TheCityCoun- to bcate or have instalied upon ar
foreclosure notices: The newspaper complies �cilities during the City's planning cil provided general direction to City near a tower or an antenna support
with the conditions desCribed in §580.033, Processes. The City's Zoning Code planning staff indicating a desire for structure. However the term wire-
currenUy defines a"tower"as additional study and the creation less telecommunications facilities
subd. 1, clause (1) or(2). If the newspaper's °a self-supporting lattice,guyed, of draft zoning code amendments. shall not include:
knOwn o�iCe of issue ls loCated in a COUnty or monopole structure constructed The Councii also indicated a desire D.Any satellite earth slaUon an-
adjoining the County where the mortg3ged �m grade which supports wireless to restrict new telecommunication tenna two meters in diameter or less
prelriises or some part of the mortgaged telecommunications facilkies. The tower and wireless telecommuni- which is located in an area zoned in-
term'tower'shall not include ama- cations facilit�s construction until dustrial or commercial;and
premises described in the notice are located, teur radio operator's equipment as the Planning Commission and City E. Any satellite earth station re-
a substantial portion of the IICwSpapCi'S licensed by the FCC." Cou�cil could consider draft zoning ception antenna one meter or less
circulation is in the latter county. The City's Zo�ing Code currenUy code amendmenGs and regulations in diameter, regardless of zoning
defines "wireless telecommunica- relating to telecommunication tower category;and
� tions Tacilities"as and wireless telecommunications F. Automatic meter reading sys-
"any cables, wires, lines, wave facilities which reasonably regulate tems."
guides, antennas, and any other and support new telecommunica- (he2inafter defined as "Prohib-
By' equipment or facilities associated tion technobgies. ited Wireless Telecommunications
Designated Agent Wgh the transmission or reception 4. The Ciiy's planning process Facilities'�shall be prohibRed for a
ot communications (other than ra- has identified the need to analyze period of twelve (12) months from
Subscribed and sworn to or affirmed before dio or television broadcast com- various interrelated planning factors the effective date of this Interim Or-
me on O1/08/2016 by Charlene Vold. munications)which a person seeks to facilitate the zoning regulation of dinance. For said period of iwelve
to locate or have installed upon or telecommunication tower and wire- (12)months from the effective date
near a tower or an antenna support less telecommu�ications facilities in of this Interim Ordinance:
structure. However the tertn wire- various zoning districts and related a. No buikling permit applica-
less telecommunications facilities new telecommunication technolo- tions shali be filed by applicants,
i shall not include: gies. As stated above, telecom- accepted by the City, or approved
A. Any satellite earth station an- munication tower and wireless tele- by the City for Prohibited Communi-
N Public te�na two meters in diameter or less communications facilities are either cation Towers and Prohibited Tele-
which is located in an area zoned in- permitted or special uses pursuant communications Facilities;
dustrial or commercial;a�d to the City's various zoning districts. b. No buiiding pertnits shall be
B. Any satellite earth station re- Fridley City Code, Chapter 205.30 issued for Prohibited Communica-
' MARY ELIZABETH KNAPP ception antenna one meter or less currenty corrtains general tele- tion Towers and Prohibited Wireless
in diameter, regardless of zoning communication bower and wireless Telecommunications Facilities;and
Notary Public-Minnesota category;and telecommunications facilities stan- c. No site plan 2view applica-
�; My Commisaion Expires Jan 31,2018 C.Automatic meter reading sys- dards, telecommunication tower tions, rezoning applications, con-
tems." and wireless telecommunications ditional use permit applications,
Telecommunication towers a�d facilities performance standards, interim use applications,zoning text
wireless telecommunications fa- telecommunication tower and wire- amendments or variance applica-
cilities are permitted uses or special less telecommunications facilities tions shall be filed by applicants,ac-
uses on approved sites ident�ed in prohibitions, and telecommunica- cepted by the City,or approved by
City Code Chapter 205.30. This Or- tion tower and wireless teiecom- the City for Prohibited Communica-
dinance is also intended to facilitate mu�ications facilities standards by tion Towers and Prohibited Wireless
the study,adoption or amendment zoning district for some,but not all Telecommunications Fxilities;and
Rate Infortnation: of official controls related to Fridley zoning districts. Some Minnesota d. No comprehensive pian
(1)Lowest class�ed rate paid by commercial users City Code, Chapter 205.30, which cities have enacted more expan- amendment applications shall be
for comparable space: currently contains general telecom- sive and updated telecommunica- filed by applicants, accepted by
$25.40 pei COlumri inCh mun�ations tower and wireless tion tower and wireless telecom- the City,or approved by the City to
antenna facilities standards, tele- municatlo�s facilities regulations in 'rf said comprehe�sive plan amend-
communications tower and wireless response to technological changes ment is related to an application for
Ad ID 494152 antenna facilities perfortnance stan- and advancements in the telecom- Prohibited Communication Towers
and Prohibited Wireless Telecom- � .
municationys FacilitieF;and
e. The'scope of this Interim
Ordinance is not intended to pro-
hibit the application and approval of
buiiding pertnits to install commu-
nications antennae and equipment
on existing and previously approv�
telecommunications towers and
wireless telecommunications facili-
ties;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 ef-
fect shall be deemed to be denied
forpurposes of Minnesota Statutes,
Section 15.99. The City staff shall
cause notification of such denial to
be given to ail applica�ts in writing
stating the adoption of this tnterim
Ordinance as the reason therefor.
Any application fees paid or escrow
deposits made in connection with
such applications shall be retumed
or refunded to the applicant(s).
Section Four. Study. During the
period of this Intarim Ordinance,
the Planning Commission and the
City Councii shall direct the City
staff and consultants to study the
requirad planning factors,to submit
research and reports as necessary
and to schedule public hearings that
will facilitate property owners,busi-
ness owners, public entities and
general public input for the timely
amendment or confirmation of the
offcial controls related to the Pro-
hibited Telecommunication Towers • �
and Prohibited Wireless Telecom-
munications Facilities.
Section Fve. Effective Date.
This Interim Ordinance shall be in
full force and effect fifteen(1�days
after the date of its publication.
Passed in regular session of the
City Council on the 28th day of De-
cember 2015.
qTY OF FRIDLEY
By:
Scott J. Lund
Its Mayor
ATTEST:
Debra A.Skogen,City Geric
Public Hearing: December 14,
2015
First Reading: December 14,
2015
Second Reading: December
28,2015
Publication Date: January 8,
2016
494152 01/08/16 Ordinance 1326