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10/16/23, 10:04 AM Print Preview <br />https://lakeelmo.municipalcodeonline.com/book/print?type=ordinances&name=TITLE_105_ZONING 13/324 <br />(d)Open space preservation zoning districts. <br />HISTORY <br />Adopted by Ord. 08-253 on 11/3/2021 <br />105.04.290 Zoning Requirements <br />(a)Wireless communications facilities that require a conditional use permit, including the installation <br />of a new tower, shall be permitted in the following districts and subject to the following height <br />restrictions provided they meet all other requirements of this subchapter. <br />Zoning District Maximum Height (in feet)Minimum Parcel Area <br />A-Agriculture 125 10 <br />RR-Rural Residential Zoning 125 5 <br />R-1, R-2, R-3 and R-4 Residential 125 2.5 <br />OP-Open Space 125 2.5 <br />RE-Residential Estates 125 2.5 <br />GB, LB, CB, HB-Business 125 5 <br />BP-Business Park 125 5 <br />PF-Public Facility 125 None <br />(b)The city council may increase the maximum height of a wireless communications facility by 25 <br />feet in all residential and open space districts and 50 feet in agriculture, business and public <br />facility districts, provided that an applicant is able to demonstrate a need for a higher facility <br />and/or that the additional height will serve a public interest in allowing fewer towers to serve a <br />given area. <br />(c)Regardless of zoning district, new facilities may be allowed within an existing public utility power <br />line right-of-way or other public right-of-way that contains utility poles over 75 feet in height or <br />within 100 feet of said right-of-way. <br />(d)Public land exemption. A wireless communication facility may be located on any parcel that is <br />owned by the city or another public entity regardless of the zoning district or size of the property. <br />HISTORY <br />Adopted by Ord. 08-253 on 11/3/2021 <br />105.04.300 Application And Review Procedures <br />(a)Wireless communications permit (administrative approval). An applicant seeking approval of a <br />facility that can be approved administratively with a wireless communications permit shall follow <br />all of the application requirements listed below for a conditional use permit but shall be exempt <br />from those requirements found in the zoning code including the public hearing requirements. An <br />application found to comply with the provisions of this chapter may be approved by the planning <br />director. Approval shall be in writing, identifying the specific facility approved, the location, <br />mounting height, and other pertinent information and any conditions of approval. If the <br />requested facility is to be located on public property, the agreement allowing the facility shall be <br />approved by the city council and executed prior to issuing the permit. <br />(b)Conditional use permit. Wireless communications facilities that require a conditional use permit <br />are subject to the requirements specified in the zoning code in addition to all requirements of