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HomeMy WebLinkAbout1998-001 Council OrdinancesCouncil Member Lyden introduced the following ordinance and moved its adoption: ORDINANCE NO. 01-98 CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE LINO LAKES ZONING ORDINANCE BY ESTABLISHING REGULATIONS FOR THE CONSTRUCTION AND PLACEMENT OF WIRELESS COMMUNICATION TOWERS, EQUIPMENT AND FACILITIES. THE CITY COUNCIL OF THE CITY OF LINO LAKES HEREBY ORDAINS AS FOLLOWS: Section 1. Section 1, Subd. 2.B (Definitions) of the Lino Lakes Zoning Ordinance is hereby amended to add the following terms: Antenna Related. 1. Antenna, Personal Wireless Service. A device consisting of a metal, carbon fiber, or other electromagnetically conducive rods or elements on a single supporting pole or other structure, and used for the transmission and reception of wireless communications including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services. 2. Antenna, Public or Commercial Radio and Television, Broadcast Transmitting. A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio, or television programming and including the support structure thereof. 3. Antenna, Public Utility Microwave. A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof. 4. Antenna, Radio and Television Receiving. A wire, set of wires, metal or carbon fiber element(s) other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the support structure thereof. 5. Antenna, Satellite Dish. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television receive only) and satellite microwave antennas and support structure thereof. Antenna, Short -Wave Radio Transmitting and Receiving. A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short-wave and citizen band radio communications, and including the supporting structure thereof. Essential Services. The erection, construction, alteration, or maintenance by public utilities or municipal departments of underground or overhead telephone, gas, electrical, communication, water or sewer transmission, distribution, collection, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Personal wireless service and commercial broadcasting antennas and towers shall not be considered an essential service. Secondary Use. A use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building. Structure, Public. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which is owned or rented, and operated by a federal, state, or local government agency. Support Structure. Any building or other structure other than a tower which can be used for location of antennas. Tower: Any ground mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade. Tower, Temporary Mobile. Any mobile tower, pole, or structure located on a trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an antenna or similar apparatus for personal wireless services, which is commonly referred to as Cellular on Wheels (COW). 2 Section 2. Section 2 (Administration) of the Lino Lakes Zoning Ordinance is hereby amended to add the following: Subd. 10. Administration: Administrative Permits A. Purpose. The purpose of this section is to establish regulations and procedures for the processing and consideration of activities allowed by administrative permit, and of matters requiring the approval of the Zoning Administrator with the goal of protecting the health, safety, and welfare of the citizens of the City. B. Procedure. 1. Application for an administrative permit shall be filed by the property owner or designated agent with the Zoning Administrator on forms to be provided by the City. 2. Applications for administrative permits and administrative permit amendments shall be accompanied by a non-refundable fee as established by City Council resolution. 3. The Zoning Administrator shall review the applications and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this Ordinance. 4. The Zoning Administrator shall consider possible adverse effects of the proposed events or activity. Judgement shall be based upon (but not limited to) the following factors: a. Compliance with and effect upon the Comprehensive Plan and public facilities plans. b. The establishment, maintenance or operation of the use, event or activity will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. c. The use, event, or activity will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 3 The establishment of the use, event or activity will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. e. Adequate public facilities and services are available or can be reasonably provided to accommodate the use, event or activity which is proposed. f The use, event or activity shall, in all other respects, conform to the applicable regulations of the district in which it is located. g. The use, event or activity and site conform to the performance standards as outlined in Section 3, Subd. 5 and all other applicable provisions of this Ordinance. 5. The Zoning Administrator shall make a determination on approval or denial of the administrative permit within thirty (30) days from the date of submission of a complete application. 6. A written permit shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this Ordinance shall be attached to the permit. 7 Determination of non-compliance with applicable codes, ordinances, and the standards in this paragraph shall be communicated to the applicant in writing and the application for the permit shall be considered denied; unless, within ten (10) days of the date of such notice, the applicant submits revised plans and/or information with which the Zoning Administrator is able to determine compliance. Unresolved disputes as to administrative application of the requirements of this paragraph shall be subject to appeal as defined by Section 2, Subd.4 of this Ordinance. C. Information Requirement. The information required for all administrative permit applications shall include: 1. A concise statement describing the proposed use, event or activity, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on-site security, provisions for on-site parking, and other pertinent information required by the Zoning Administrator to fully evaluate the application. 4 2. A copy of the approved site plan for the property or an "as built" survey which accurately represents existing conditions on the site, including entrances and exits, bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs. 3. An accurate floor plan, when in the judgement of the Zoning Administrator, such a plan is necessary to properly evaluate the location of the event and the effectiveness of available entrances and exits. 4. A copy of the current sales tax certificate issued by the State of Minnesota, if applicable. 5. Information identified in Section 3, Subd. 5 of this Ordinance as may be applicable. D. Performance Standards. All uses, events, or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such use, event or activity is proposed. E. Administration and Enforcement. 1. The Zoning Administrator shall keep a record of applications and administrative permits. 2. A copy of all administrative permits issued shall be forwarded to appropriate staff as determined by the Zoning Administrator. Enforcement of the provisions of this paragraph shall be in accordance with Section 2, Subd. 9 of this Ordinance. Violation of an issued permit or of the provisions of this section also shall be grounds for denial of future permit applications. Section 3. Section 3 of the Lino Lakes Zoning Ordinance is hereby amended to add the following: Subd. 15. Antennas. A. Purpose and Intent. The purpose of this section is to establish predictable and balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communication systems within the City of Lino Lakes while protecting the public against any adverse 5 impacts on the City's aesthetic resources and the public welfare. The provisions of the section are intended to maximize the use of existing towers, structures, and buildings to accommodate new wireless telecommunication antennas in order to minimize the number of towers needed to serve the community. B. General Standards. The following standards shall apply to all personal wireless service telephone, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and short-wave radio transmitting and receiving antenna. 1. All obsolete and unused antennas and towers shall be removed within twelve (12) months of cessation of operation at the site by the antenna or tower owner, unless an exemption is granted by the Zoning Administrator. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associate facilities when they are abandoned, unused or become hazardous shall be submitted to the City. 2. All antenna and towers shall be in compliance with all Uniform Building and Electrical Code requirements and as applicable shall require related permits. Applications to erect new antenna and/or towers shall be accompanied by any required federal, state, or local agency licenses. 3. Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and as may be necessary, as determined by the City Engineer, shall be verified and approved by a professional engineer. 4. When applicable, written authorization for antenna and/or tower erection shall be provided by the property owner. 5. No advertising message shall be affixed to the antenna and/or tower structure. Antennas and/or towers shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety. 7 If a new tower of seventy-five (75) feet or greater in height is to be constructed, it shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and antennas for at least one (1) additional use, including but not limited to other personal wireless service communication companies, local police, fire and ambulance companies. Towers shall be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. 6 Towers shall be painted a non -contrasting color consistent with the surrounding area such as blue, gray, brown, or silver or have a galvanized finish to reduce visual impact, unless otherwise required by a governmental agency. 9. All antennas and towers shall be reasonably posted and secured to protect against trespass, including appropriate measures to prevent unauthorized persons from climbing any tower. 10. Towers shall comply with all applicable Federal Aviation Administration (FAA) regulations. 11. Amateur radio towers shall be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications. 12. Except as may be applicable in cases where a conditional use permit is required, antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service shall be exempt from the following: Section 3, Subd. 15.B.3, Section 3, Subd. 15.B.8, Section 3, Subd. 15.D and Section 3, Subd. 15.E. C. Certification, Inspection and Maintenance. 1. All towers, antenna support structures, and related equipment or structures shall be kept and maintained in good condition, order, and repair so as not to menace or endanger the life or property of any person. 2. All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the Uniform Building Code and federal and state law. 3. The City shall have authority to enter onto the property upon which a tower is located to inspect the tower for the purpose of determining whether it complies with the Uniform Building Code and all other construction standards provided by the City's Code, federal and state law. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the owner. All expenses related to such inspecting by the City shall be borne by the owner. 7 D. Tower Design. Where allowed, wireless communication towers shall be of a monopole design unless the City Council determines that an alternative design requested by the applicant would better blend into the surrounding environment. Co -Location Requirement. An application for a new tower shall not be approved unless the applicant demonstrates that the antennas cannot be accommodated on an existing or approved tower, building, or structure within a one (1) mile search radius of the proposed tower due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approved tower, building, or structure as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified engineer and interference cannot be prevented at a reasonable cost. 3. Other unforeseen reasons that make it unfeasible to locate the antennas upon an existing or approved tower or structure. 4. Existing or approved towers, buildings, or other structures do not exist in the search area, or do not meet the needs of the user. Documentation shall be provided at the time of application clearly demonstrating why existing structures do not meet the needs to the users. 5. The applicant shall demonstrate that a good faith effort to co -locate on existing towers or structures was made, but an agreement could not be reached. F Accessory Antennas. The following standards shall apply to all accessory antennas including radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers. 1. Accessory antennas shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements, and shall be set back a minimum of five (5) feet from all lot lines. 8 Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of one (1) foot from all lot lines. 3. Accessory antennas and necessary support structures, monopoles or towers may extend a maximum of fifteen (15) feet above the normal height restriction for the affected zoning district, except support structures and antennas used in the amateur radio service may extend a maximum of two (2) times the normal height restriction for the affected zoning district. 4. The installation of more than one (1) accessory structure and support structure per property shall require the approval of a conditional use permit. G. Personal Wireless Service Antennas. 1. Rural, Residential and Business District Standards. a. Antennas Located Upon An Existing Tower or Structure. Personal wireless service antennas as a permitted secondary use may be located upon existing towers or structures shall require the processing of an administrative permit and shall comply with the following standards: 1) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building or cabinet is necessary for transmitting, receiving and switching equipment, it shall be situated in the side or rear yard of the principal use, meet all applicable accessory building setback requirements, and shall be screened from view by landscaping where appropriate. 2) An administrative permit is issued by the Zoning Administrator, subject to the following conditions: a) Antennas mounted on buildings or structures shall not extend more than fifteen (15) feet above the structural height of the building or structure to which they are attached. b) Wall or facade mounted antennas may not extend more than five (5) feet above the cornice line and shall be constructed of a material or color which matches the exterior of the building. 9 3) In no case shall a personal wireless service antenna be located upon or affixed to a detached single family residential dwelling. b. New Towers: The erection of new personal wireless service antenna towers within Rural, Residential and Business Zoning Districts of the City is prohibited. Industrial District Standards. a. Antennas Located Upon An Existing Structure or Existing Tower. Personal wireless service telephone antennas as a permitted secondary use may be located upon an existing structure or co - located on an existing tower shall require the processing of an administrative permit and shall comply with the following standards: 1) An administrative permit is issued by the Zoning Administrator. 2) Antennas mounted on buildings or structures shall not extend more than fifteen (15) feet above the structural height of the building or structure to which they are attached. 3) Wall or facade mounted antennas may not extend more than five (5) feet above the cornice line and must be constructed of a material or color which matches the exterior of the building. New Towers. New towers as a permitted secondary use shall require approval of an administrative permit and shall comply with the following standards: 1) The applicant shall demonstrate to the satisfaction of the City that location of the antennas as proposed is necessary to provide adequate portable personal wireless service telephone coverage and capacity to areas which cannot be adequately served by locating the antennas on an existing tower or support structure. 2) If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a monopole tower provided that: a) Towers with a maximum capacity to support two (2) antennas shall not exceed one hundred forty (140) feet 10 in height. Towers with a minimum capacity to support three (3) antennas shall not exceed one hundred sixty (160) feet in height. b) The setback of the tower from the nearest property line is not less than the height of the antenna. Exceptions to such setback may be granted in such cases when a qualified structural engineer specifies in writing that any failure of the pole will occur within a lesser distance under all foreseeable circumstances. The setback shall not be reduced in cases where the subject site abuts a residential zoning district. The setback requirements shall not be reduced below the minimum accessory building setback requirements of the base zoning district or the failure area of the tower, whichever is greater. 3) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building or cabinet is necessary for transmitting, receiving and switching equipment, it shall be situated in the side or rear yard of the principal use, meet all applicable accessory building setback requirements, and shall be screened from view by landscaping where appropriate. 4) At the discretion of the City, a security fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure, as well as no climb security measures shall be provided on the tower or support structure. c. Temporary Mobile Towers. Personal wireless service antennas located upon a temporary mobile tower as a permitted secondary use may be used on an interim basis until a permanent site is constructed shall require the approval of an administrative permit and shall comply with the following standards: 1) Temporary mobile towers are exempt from co -location and permanent tower structure design standards provided for in the following sections: Section 3, Subd. 15.8.8; Section 3, Subd. 15.B.9; Section 3, Subd. 15.D; and Section 3, Subd. 15.E. 2) The termination date of the permit shall not exceed one hundred twenty (120) days. Temporary mobile towers located on a site longer than one hundred twenty (120) days shall require the processing of an interim use permit subject to the standards contained in Section 2, Subd. 3. of this Ordinance. 3) Guyed towers are prohibited. 4) Mobile units shall have a minimum tower design wind Toad of eighty (80) miles per hour, or be set back from all structures a distance equal to the height of the tower. 5) All towers shall be protected against unauthorized climbing. 6) The height of the tower shall not exceed one hundred (100) feet. 3. Public/Semi-Public District Standards. a. Antennas Located Upon An Existing Tower or Structure. Personal wireless service antennas as a permitted secondary use may be located upon public structures or existing towers shall require the processing of an administrative permit and shall comply with the following standards: 1) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building or cabinet is necessary for transmitting, receiving and switching equipment, it shall be situated in the side or rear yard of the principal use, meet all applicable accessory building setback requirements, and shall be screened from view by landscaping where appropriate. 2) An administrative permit is issued by the Zoning Administrator, subject to the following conditions: a) Antennas mounted on buildings or structures shall not extend more than fifteen (15) feet above the structural height of the building or structure to which they are attached. 12 b) Wall or facade mounted antennas may not extend more than five (5) feet above the cornice line and shall be constructed of a material or color which matches the exterior of the building. b. New Towers. New towers as a permitted secondary use shall require approval of an administrative permit and shall comply with the following standards: 1) The applicant shall demonstrate to the satisfaction of the City that location of the antennas as proposed is necessary to provide adequate wireless coverage and capacity to areas which cannot be adequately served by locating the antennas on an existing tower or support structure. 2) If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a monopole tower provided that: a) Towers with a maximum capacity to support two (2) antennas shall not exceed one hundred forty (140) feet in height. Towers with a minimum capacity to support three (3) antennas shall not exceed one hundred sixty (160) feet in height. b) The setback of the tower from the nearest property line is not less than the height of the antenna. Exceptions to such setback may be granted in such cases when a qualified structural engineer specifies in writing that any failure of the pole will occur within a lesser distance under all foreseeable circumstances. The setback shall not be reduced in cases where the subject site abuts a residential zoning district. The setback requirements shall not be reduced below the minimum accessory building setback requirements of the base zoning district or the failure area of the tower, whichever is greater. 3) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building or cabinet is necessary for transmitting, receiving and switching equipment, it shall be situated in the side or rear yard of the principal use, meet all 13 accessory building requirements, and shall be screened from view by landscaping where appropriate. 4) At the discretion of the City, a security fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure, as well as no climb security measures shall be provided on the tower or support structure. Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas. Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards: 1. Such antenna shall be considered an allowed conditional use within all rural, and industrial districts of the City and shall be subject to the regulations and requirements of Section 2, Subd. 2. of this Ordinance. 2. The antennas, transmitting towers, or array of towers shall be located on a continuous parcel having a dimension equal to the height of the antenna, transmitting tower, or array of towers measured between the base of the antenna or tower located nearest a property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances. 3. Unless the antenna is mounted on an existing structure, at the discretion of the City, a fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure and other equipment, as well as no climb security measures shall be provided on the tower or structure. Section 4. Section 3, Subd. 4.0 (Height Exceptions) of the Lino Lakes Zoning Ordinance is hereby amended to read as follows: 1. Non -Occupancy Structures. Except for personal wireless service antenna towers as regulated by Section 15 of this Ordinance, the height of non -occupancy structures such as utility poles, towers and other electrical appurtenances shall not exceed the following: a. Rural and Industrial Zoning Districts: Two hundred (200) feet, any structure greater than forty-five (45) feet in height requires a conditional use permit. 14 b. Residential, Commercial and Public/Semi-Public Districts: Forty-five (45) feet. Exceptions. The building height limits established herein for districts shall not apply to the following: a. Farm structures. b. Church spires. c. Belfries. d. Cupolas, e. Windmills. f. Solar energy devices. g. Chimneys and smokestacks. h. Flag poles. i. Non-commercial television and radio antennae, and satellite dishes. j. Parapet walls extending not more than four (4) feet above the limiting height of the building. k. Elevator penthouses. I. Cooling towers/water towers. m. Lighting structures for public outdoor recreational fields not exceeding eighty (80) feet in height. n. Lighting structures for public hockey rinks not exceeding sixty (60) feet in height. o. Antenna and antenna towers regulated by Section 3, Subd. 15 of this Ordinance. Section 5. Section 5, Subd. 1.E. of the Lino Lakes Zoning Ordinance (R District Permitted Uses) is hereby amended to read as follows: 10. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Section 6. Section 5, Subd. 1.G. of the Lino Lakes Zoning Ordinance (R District Accessory Uses) is hereby amended to include the following provision: 9. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or Tess in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. 15 Section 7. Section 5, Subd. 1.H.6. of the Lino Lakes Zoning Ordinance (R District conditional uses) is hereby amended to read as follows: 6. Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas greater than forty-five (45) feet in height and less than two hundred (200) feet in height as regulated by Section 3, Subd. 15 of this Ordinance. Section 8. Section 5, Subd. 2.E. of the Lino Lakes Zoning Ordinance (R -X District Permitted Uses) is hereby amended to read as follows: 10. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Section 9. Section 5, Subd. 2.G. of the Lino Lakes Zoning Ordinance (R -X District Accessory Uses) is hereby amended to include the following provision: 9. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. Section 10. Section 5, Subd. 2.H.6. of the Lino Lakes Zoning Ordinance (R -X District Conditional Uses) is hereby amended to read as follows: 6. Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas greater than forty-five (45) feet in height and less than two hundred (200) feet in height as regulated by Section 3, Subd. 15 of this Ordinance. Section 11. Section 6, Subd. 1.G. of the Lino Lakes Zoning Ordinance (R-1 District Permitted Uses) is hereby amended to read as follows: 6. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. 16 Section 12. Section 6, Subd.1.I. of the Lino Lakes Zoning Ordinance (R-1 District Accessory Uses) is hereby amended to include the following provision: 11. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. Section 13. Section 6, Subd.2.G. of the Lino Lakes Zoning Ordinance (R -1X District Permitted Uses) is hereby amended to read as follows: 6. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Section 14. Section 6, Subd.2.I. of the Lino Lakes Zoning Ordinance (R -1X District Accessory Uses) is hereby amended to include the following provision: 11. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. Section 15. Section 6, Subd.3.G. of the Lino Lakes Zoning Ordinance (R-2 District Permitted Uses) is hereby amended to read as follows: 7. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Section 16. Section 6, Subd.3.I. of the Lino Lakes Zoning Ordinance (R-2 District Accessory Uses) is hereby amended to include the following provision: 11. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio 17 transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. Section 17. Section 6, Subd.4.H. of the Lino Lakes Zoning Ordinance (R-3 District Permitted Uses) is hereby amended to include the following provision: 8. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Section 18. Section 6, Subd.4.J. of the Lino Lakes Zoning Ordinance (R-3 District Accessory Uses) is hereby amended to include the following provision: 10. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. Section 19. Section 6, Subd.5.H. of the Lino Lakes Zoning Ordinance (R-4 District Permitted Uses) is hereby amended to include the following provision: 8. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Section 20. Section 6, Subd.5.J. of the Lino Lakes Zoning Ordinance (R-4 District Accessory Uses) is hereby amended to include the following provision: 10. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. Section 21. Section 6, Subd.6.D. of the Lino Lakes Zoning Ordinance (R-6 District Permitted Uses) is hereby amended to read as follows: 3. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. 18 Section 22. Section 6, Subd.6.F. of the Lino Lakes Zoning Ordinance (R-6 District Accessory Uses) is hereby amended to include the following provision: 6. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. Section 23. Section 6, Subd.7.F. of the Lino Lakes Zoning Ordinance (R-7 District Permitted Uses) is hereby amended to include the following provision: 3. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Section 24. Section 6, Subd.7.H. of the Lino Lakes Zoning Ordinance (R-7 District Accessory Uses) is hereby amended to include the following provision: 11. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. Section 25. Section 7, Subd.1.E. of the Lino Lakes Zoning Ordinance (NB District Permitted Uses) is hereby amended to include the following provision: 22. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Section 26. Section 7, Subd.1.G. of the Lino Lakes Zoning Ordinance (NB District Accessory Uses) is hereby amended to include the following provision: 4. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. 19 Section 27. Section 7, Subd.2.E. of the Lino Lakes Zoning Ordinance (LB District Permitted Uses) is hereby amended to include the following provision: 34. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Section 28. Section 7, Subd.2.G. of the Lino Lakes Zoning Ordinance (LB District Accessory Uses) is hereby amended to include the following provision: 4. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. Section 29. Section 7, Subd.3.E. of the Lino Lakes Zoning Ordinance (GB District Permitted Uses) is hereby amended to include the following provision: 42. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Section 30. Section 7, Subd.3.G. of the Lino Lakes Zoning Ordinance (GB District Accessory Uses) is hereby amended to include the following provision: 5. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. Section 31. Section 7, Subd.4.E. of the Lino Lakes Zoning Ordinance (CB District Permitted Uses) is hereby amended to include the following provision: 41. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. 20 Section 32. Section 7, Subd.4.G. of the Lino Lakes Zoning Ordinance (CB District Accessory Uses) is hereby amended to include the following provision: 4. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. Section 33. Section 7, Subd.5.E. of the Lino Lakes Zoning Ordinance (SC District Permitted Uses) is hereby amended to include the following provision: 16. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Section 34. Section 7, Subd.5.G. of the Lino Lakes Zoning Ordinance (SC District Accessory Uses) is hereby amended to include the following provision: 4. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. Section 35. Section 8, Subd.1.F. of the Lino Lakes Zoning Ordinance (LI District Permitted Uses) is hereby amended to read as follows: 12. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Section 36. Section 8, Subd.1.H. of the Lino Lakes Zoning Ordinance (LI District Accessory Uses) is hereby amended to include the following provision: 3. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ord inance. 21 Section 37. Section 8, Subd.1.I.2 of the Lino Lakes Zoning Ordinance (LI District Conditional Uses) is hereby amended to read as follows: 2. Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas greater than forty-five (45) feet in height and less than two hundred (200) feet in height as regulated by Section 3, Subd. 15 of this Ordinance. Section 38. Section 8, Subd.2.F. of the Lino Lakes Zoning Ordinance (GI District Permitted Uses) is hereby amended to read as follows: 12. Personal wireless service antennas and towers as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Section 39. Section 8, Subd.2.H. of the Lino Lakes Zoning Ordinance (GI District Accessory Uses) is hereby amended to include the following provision: 3. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. Section 40. Section 8, Subd.2.I.10 of the Lino Lakes Zoning Ordinance (GI District Conditional Uses) is hereby amended to read as follows: 10. Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas greater than forty-five (45) feet in height and less than two hundred (200) feet in height as regulated by Section 3, Subd. 15 of this Ordinance. Section 41. Section 9, Subd.1.G. of the Lino Lakes Zoning Ordinance (PSP District Accessory Uses) is hereby amended to include the following provision: 4. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. 22 Section 42. Section 9, Subd.1.H. of the Lino Lakes Zoning Ordinance (PSP District Permitted Uses) is hereby amended to include the following provision: 6. Personal wireless service antennas and towers as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Section 43. Section 9, Subd.2.E. of the Lino Lakes Zoning Ordinance (R -BR District Permitted Uses) is hereby amended to read as follows: 11. Personal wireless service antennas as secondary uses as regulated by Section 3, Subd. 15 of this Ordinance. Section 44. Section 9, Subd.2.G. of the Lino Lakes Zoning Ordinance (R -BR District Accessory Uses) is hereby amended to include the following provision: 9. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd 15 of this Ordinance. Section 45. Section 9, Subd.2.H.5. of the Lino Lakes Zoning Ordinance (R -BR District Conditional Uses) is hereby amended to read as follows: 5. Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas greater than forty-five (45) feet in height and less than two hundred (200) feet in height as regulated by Section 3, Subd. 15 of this Ordinance. Section 46. This Ordinance shall become effective immediately upon its passage and publication. 23 � day ADOPTED by the Lino Lakes City Council this / of InOi\C\A 1998. ATTEST: By Marilyn Anderson, Clerk/Treasurer CITY OF LINO L 1 The motion for adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Sullivan, Bergeson, Dahl, Lyden, Neal. The following voted against same: None Whereupon said ordinance was declared duly passed and adopted. 24