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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 Ordinance No. 1326 Page 2 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 Ordinance No. 1326 Page 3 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 Ordinance No. 1326 Page 4 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