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MC 145 University Avenue West, St. Paul, MN 55103-2044 League of Minnesota Cities Phone: (612) 281-1200 • (800) 925-1122 Cities promoting excellence Fax: (612) 281-1299 • TDD (612) 281-1290 July, 1996 TO: City Managers, Administrators, and Clerks FROM: Stanley Peskar, General Counsel Ann Higgins, IGR Representative RE: Recommendations on Zoning for Wireless Telecommunications Towers and Antennas Contents of Memorandum This memorandum contains the text of wireless communications antenna and tower siting and zoning provisions adopted by the City of Bloomington and under consideration by the City of Rosemount. It also contains comment and sample provisions derived from a variety of municipal ordinances from cities throughout the country. Language here is set out to provide additional matters for consideration by staff responsible for drafting revisions to current zoning ordinances. The memorandum also includes a sample policy statement. Development of such a formal position for your city may be helpful to staff in the preparation of appropriate amendments to local zoning regulations as well as to provide staff with the views of the city council on priorities to be considered in drafting personal communications services (PCS) antenna site leases for facilities to be located on land or structures which the city owns or controls. Moratorium The city should consider adopting a moratorium on the siting of new wireless telecommunications towers and antennas only after close consultation with the city attorney. The federal Telecommunications Act of 1996 bars cities from actions that prohibit or have the effect of prohibiting provisions of personal wireless services (including PCS). An unduly - -:.-, -- : . '- -- - - -- - --- -- - •-- . ::- :n-.. --. • - : --- - - -- :: • ...- - therefore, advisors should review relevant challenges to other city moratoria on the basis of the new federal law. Though a sample ordinance is included, if cities have the opportunity to proceed prior to immediate requests for siting, many may have sufficient time to plan for new antenna and tower siting without the necessity of adopting a formal moratorium. Amateur Radio Towers When drafting the ordinance, give some thought to whether the city wants to cover amateur radio towers. According to FCC rules, local regulation of placement, screening and height based on health, safety or aesthetics must reasonably accommodate amateur communications and provide minimum practical regulation to protect the city's legitimate • communications needs while setting forth minimum practical regulation to accomplish the city's legitimate purposes. Though there is no definitive binding rule of law, the one case brought to date in the Eighth AN EQUAL OPPORTUNITY AFI IRDL\TIVE ACTION EMPLOYER