Ordinance No. 1087 12-16-1996 ORDINANCE NO. 1087
ESTABLISHING BY INTERIM ORDINANCE A MORATORIUM WITHIN THE CITY
ON THE CONSTRUCTION OF NEW COMMUNICATION AND ANTENNA ARRAY
TOWERS AND ON THE USE AND DEVELOPMENT OF PROPERTY FOR SUCH NEW
TOWERS THEREBY AMENDING THE CITY CODE BY ADDING A NEW SECTION
FOR THAT PURPOSE
It is hereby ordained by the City Council of the City of Fridley, Minnesota,
that the City Code is hereby amended to include a new section to read as
follows:
COMMUNICATION AND ANTENNA TOWER MORATORIUM
(a) PREAMBLE
The City Council of Fridley, Minnesota, finds that recent advances in wireless
communications technology have resulted in a new generation of cellular
communication services. These new services, called "Personal Communications
Services" ("PCS") , will likely require numerous antenna locations throughout the
community. These antennae may be located on buildings, water towers, and other
similar structures, but will also frequently be located on towers constructed
or enlarged for that purpose.
The City Council of Fridley further finds that PCS providers have recently been
licensed by the Federal Communications Commission ("FCC") for the
Minneapolis/St. Paul Major Trading Area ("MTA") and additional providers are
expected to be licensed in the near future. In addition, demand is increasing
for traditional cellular services from existing or new providers. Collectively,
these entities are expected to begin or continue efforts at antenna siting and
construction within the City, including requests to construct new or enlarged
communications towers. Because of the recent advent of the technology requiring
construction of multiple communications towers, current Fridley ordinances may
not adequately address issues relating to these types of towers, such as the
appropriate locations for these towers and the conditions under which they may
be allowed within the City to provide sufficient protection to the health,
safety and welfare of the citizens of the City. Issues which need to be
comprehensively addressed in reviewing the impact of this new, technology-
driven, communications phenomenon include, but are not limited to, structural
and construction requirements and standards, co-location to avoid unnecessary
duplication of construction within the City, as well as setbacks and height
limitations.
The City Council of Fridley, Minnesota, further finds that there is a need to
study these and other issues to determine what regulatory controls may need to
be adopted to protect the public health, safety and welfare. The City has
issued a Request for Proposal to experienced consultants for the purpose of
assisting the City's professional planning and engineering staff in conducting
a comprehensive study of the possible impact of these towers on the City, and
to provide, with City Staff, recommendations to the City of Fridley regarding
PCS and cellular service and other antenna or wireless tower issues. Time is
Page 2 -- Ordinance No. 1087
also required for the City's staff to draft any necessary proposals for
amendments to City zoning regulations for the City Council's review and
consideration.
The Council finds, therefore, that a moratorium is required in order to protect
the planning process and to prevent the construction of enlargement towers and
the use and development of lands within the City for such towers pending the
completion of necessary studies and the consideration and implementation of new !
regulations on that subject. At the present time it is expected that the
necessary study and implementation can be completed within a 180-day period.
(b) MORATORIUM ESTABLISHED; SCOPE; DEFINITION OR "TOWER"
(1) In accordance with the findings set forth in the Preamble to this
ordinance and pursuant to the authority of Minnesota Statutes
462.355 (subd. 4) . there is hereby established a moratorium on the
construction, erection, placement, reconstruction, enlargement or
expansion of towers within the City and on the development and use
of property for such purposes.
(2) During the period of the moratorium neither pending nor to-be
submitted applications for final site and building plan approval,
building permits, Conditional Use Permits ("CUP") and other permits
or related variance requests and approvals related to such tower
work shall not be considered by the City, neither the Planning
Commission nor the City Council shall consider or grant approval of
any application required for such work, and no permits or variances
for such work shall be issued.
(3) For the purposes of the moratorium, the term "tower" shall mean "any
pole, spire, structure or combination thereof, including supporting
lines, cables, wires, braces and masts, intended primarily for the
purpose of mounting an antenna, meteorological device, or similar
apparatus above grade."
(c) APPLICABILITY
The moratorium shall be applicable to public and private property throughout the
City.
(d) EXCEPTIONS
The moratorium shall not apply to (1) the lawful use of existing towers or the
lawful erection of antennae on such existing towers, (2) the repair and/or
maintenance of any existing tower provide that such work does not enlarge or
expand that tower, (3) work on a tower necessary to preserve health, safety,
life or property in the face of an emergency, and (4) tower work that has
received all necessary permits and approvals from the City prior to the
effective date of this ordinance.
Page 3 -- Ordinance No. 1087
(e) PENALTIES
Any person, corporation or other entity that constructs, erects, places,
reconstructs, enlarges, or expands a tower in violation of this Section, shall
be guilty of a misdemeanor and shall be subject to any additional legal or
equitable remedies available to the City.
(f) EFFECTIVE DATE
This Section shall take effect upon its adoption and publication, shall be `
effective for 152 days from its effective date, and shall expire at that time
unless further extended.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16TH DAY OF
DECEMBER, 1996.
• 7f .WILLIAM J. N
- MAYOR
ATTEST:
DLUA,C4.m. (,WILLIAM A. CHAMPA - CITY
First Reading: November 25, 1996
Second Reading: December 16, 1996
Publication: December 26, 1996