08-21-1996 - Laserfiche WebLink

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Federal District Court circuit,Pentel v. City of Mendota Heights (1994), the court overturned the city's denial of a 68-foot radio tower. The city attorney should closely coordinate zoning • regulation of amateur radio towers with FCC regulations and applicable case law. Inventory of Current Tower Sites Cities should compile an inventory of all towers now located within municipal boundaries to identify potential possible sites for co-location of new facilities as well as to examine the impact of proposed zoning changes on creation of non-conforming tower cities and to more carefully determine the types of towers and locations the city wants to encourage or discourage. The inventory should include information about the address, owner, user(s), height, style, zoning district and a photograph of each tower or antenna. The city should also prepare a map showing the location of current towers. Towers to be inventoried should include those mounted on building walls and located on roofs. Regulation of EMF The federal Telecommunications Act of 1996 § 704 prohibits state and local regulation on the basis of eletro-magnetic frequency (EMF) emissions if the facilities meet FCC regulatory standards regarding such emissions. Regulation of Satellite Dishes The FCC has exclusive jurisdiction over direct-to-home satellite services: §303. Thus, local ordinances may not prohibit or regulate earth station antennas (satellite dishes) of one meter or less in all areas and two meters or less in commercial areas. Newly adopted FCC rules (that are • being challenged by the National League of Cities) pre-empt local regulation except when cities successfully petition the FCC to allow local regulation of the installation or location of these satellite dishes on the basis of proof that local regulation is necessary to protect health and safety. The FCC has also proposed new rules that pre-empt any local requirements affecting placement of TV antenna and multi point distribution services (MMDS) reception devices. LMC Zoning Work Group The League wishes to thank members of the Zoning Work Group who contributed to the outline and information included in this memorandum. They are: Curt Gutoske, Planner, Inver Grove Heights Glen Markegard, Associate Planner, Bloomington Dean Lotter, Administrative Intern, Rosemount Craig Dawson, Assistant City Manager, Maplewood Bill DeBlon, Community Development Coordinator, Robbinsdale Edward Burrell, Finance Director, Roseville Bob Museus, City Administrator, Hugo Charles Grawe, Administrative Assistant, Apple Valley Mary Moga, Planning/Administrative Intern, Bayport John Burbank, Associate Planner, Cottage Grove Gary Berg. Senior Planner, Woodbury .