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HomeMy WebLinkAboutFINAL ORDINANCE NO. 97-084CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA Ordinance 97- 1q An Ordinance Adding Section 1396 - Amateur Radio Tower Antenna to the Lake Elmo Municipal Code Section 1. Amendment: Section 1396 is hereby added to the Lake Elmo Municipal Code and shall read as follows: Section 1396 - Amateur Radio Tower Antenna 1396.01 Purpose and Intent. The City's Amateur Radio Tower Antenna regulations are adopted in order to: i A. Facilitate the provision of Amateur Radio Tower Antenna services to the residents and businesses of the City. B. Minimize adverse visual effects Amateur Radio Tower Antennas through careful design and siting standards. C. Minimize adverse visual effects of Amateur Radio Tower Antennas. D. Avoid potential damage to adjacent properties from Amateur Radio Tower Antenna failures through structural standards and setback requirements. E. Y Y 1396.02 Permit Required. No person shall install an Amateur Radio Tower Antenna higher that what is permitted in the zone in which it is located without first receiving the appropriate permit. 1396.03 Amateur Radio Tower Antenna Permit. Subd.1. Application. Applications for a Amateur Radio Tower Antenna permit shall be submitted to the City Planner, and shall include the following: A. A survey drawn to scale, which illustrates the parcel on which the antenna win be located, buildings located on the parcel, buildings located with 100 feet of the parcel and the location of the proposed Amateur Radio Tower Antenna. B. A drawing to scale, which illustrates the antenna's relative size and visibility from adjoining property. Amateur Radio Tower Antenna structures shall not exceed 120 feet in height. The Amateur Radio Tower Antenna must be set back from all adjoining property lines a distance no less than the height of the Amateur Radio Tower Antenna plus 15 feet. 1 C. Documentation from the Amateur Radio Tower Antenna manufacturer showing construction details and construction materials. D. Mailing addresses for all property owners of record located within 350 feet of the subject property. E. A copy of the applicant's FCC Amateur Radio License. 1396.04 Planning_ Commission Review. Upon receipt of a completed application, the City Planner shall schedule a hearing before the Planning Commission, which shall be preceded by ten days mailed notice to the record owners of property located within 350 feet of the parcel on which the Amateur Radio Tower Antenna will be located. The Planning Commission shall make recommendations to the City Council regarding the issuance of Amateur Radio Tower Antenna Permit and, in particular, concerning the following. A. The reasonable necessity for the Amateur Radio Tower Antenna. B. The appropriateness of the Amateur Radio Tower Antenna design. C. The appropriateness of the Amateur Radio Tower Antenna's construction materials and assembly. D. Maintenance Requirements. E. The distance of the Amateur Radio Tower Antenna from adjoining properly lines. 1396.05 City Council Review. Upon receipt of Planning Commission recommendations, the City Council shall review the application. The City Council may approve the application subject to conditions, table its review until a date certain, or deny the application for an Amateur Radio Tower Antenna Permit. If the application is approved by the City Council, an Amateur Radio Tower Antenna and a Building Permit shall be issued upon the execution of an Amateur Radio Tower Antenna Agreement. The terms of the Amateur Radio Tower Antenna agreement shall include the following: A. A list of the conditions of approval to the Amateur Radio Tower Antenna Permit. B. A statement indicating that failure to comply with the conditions of approval shall result in the removal of the Amateur Radio Tower Antenna structure. C. A statement indicating that the expenses incurred by the City to enforce the provisions of the Amateur Radio Tower Antenna Agreement shall be reimbursed by the applicant D. A statement, which requires the applicant to use the procedures, established by the FCC to resolve any complaints received relating to interference allegedly caused by the Amateur Radio Tower Antenna. E. A statement indicating that the Amateur Radio Tower Antenna Permit shall be valid during the term of the Amateur Radio Tower Antenna agreement and only while the applicant resides on the property. 1396.06 Review and Revocation. The City Planner shall inspect the property at least annually for compliance with the provisions of the Amateur Radio Tower Antenna agreement. If the pennittee does not comply with the terms of the Agreement, a hearing shall be scheduled before the City Council for determining whether to terminate the Agreement. The hearing shall be preceded by ten- (10) days -mailed notice to occupants of property within 350 feet of the lot on which the Amateur Radio Tower Antenna is located. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest: Mary effne\ City Oerk` A&nuustrator Published in the Stillwater Gazette on the Qy day ofRU . , 2001