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Home My WebLink AboutOrdinance 587 I' . ~ . - . . ORDINANCE NO. 587 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1100 OF THE MOUNDS VIEW ZONING CODE BY ADDING A NEW CHAPTER 1126 ESTABLISHING A 180 DAY MORATORIUM ON NEW USE, DEVELOPMENT OR CONSTRUCTION OF COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Title 1100 of the Mounds View Zoning Code is amended by adding a new Chapter 1126 to read: Subd. 1. AUTHORITY. This Section is adopted pursuant to the authority granted to the City in Minnesota Statutes, Section 462.335, Subdivision 4, entitled "Interim Ordinance." Subd. 2. PURPOSE. The City of Mounds View ("City") currently does not regulate wireless transmission and reception facilities through its Zoning Code. The Mounds View Planning Commission is in the process of reviewing the appropriate zoning for the establishment of new use, development or construction of commercial wireless telecommunications services (hereinafter "Towers and Antennas"), including Towers and Antennas for cellular, personal communication services (peS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services marketed to the public within the City. Market demand, rapid advances in technology and expanding federal licensure of radio frequencies has resulted in the increased requests to locate Tower and Antennas Within the City; and that trend can be expected to accelerate in the reasonably foreseeable future. The City Council is concerned that there is a lack of controls relating to Towers and Antennas and the Zoning Ordinance may not adequately address issues related 1 ... . . . to these Towers and Antennas, such as the appropriate locations for the Towers and Antennas and the conditions under which they may be allowed within the City, including structural and construction requirements, co-location, setbacks, and height limitations. The City has received inquiries from companies desiring to construct Towers and Antennas and other facilities in the City. The City Council finds that it is necessary to conduct studies to determine if there is a need to amend the City's Zoning Code or its comprehensive plan relating to Towers and Antennas, and if so, to adopt the appropriate amendments. The City Council finds that there.is a need to adopt interim measures for the purpose of establishing an orderly planning process and protecting the health. safety and welfare of its citizens regarding such matters. Subd. 3. MORATORIUM. A moratorium on the new use, development, or construction of Towers and Antennas within the City is established. During the term of the moratorium, no application for final site and building plan approval, building permits, and other permits and approvals related to such towers shall be accepted by the City. Neither the Planning Commission nor the City Council shall consider or grant approval of any application of such work. No building permits for such work shall be issued for the development or construction of Towers and Antennas within the City. For the purposes of the moratorium, the term Towers and Antennas shall include any pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting Towers and Antennas or similar apparatus above grade, for the purpose of providing commercial wireless telecommunication services to the public. The moratorium shall not apply to (a) the use of existing water towers in the city, or (b) Towers and Antennas work that has received all necessary permits and approval from the City prior to the effective date of this ordinance. 2 . . ~. .# ,\ " Subd. 4. EXPIRATION. Unless earlier repealed or modified by the City Council, this ordinance shall remain in effect for one hundred eighty (180) days from effective date. SECTION 2. EFFECTIVE DATE This ordinance is effective 30 days after its publication. -.- Read by the City Council of the City of Mounds View on JU!d-" Z~, j . 1996. Read and passed by the City Council of the City of Mounds View this /1 +II. day of ~v~c\..\,':.~ - . \ ___~ --' 1996. ATTEST: (SEAL) City Clerk-Administrato Chuck Whiting APPROVED TO AS FORM: ~~Ce~ City Attorney q 3 . . . A ffi~nnit Itf :tanhli..ntilttt ,. "...................... ........ "............. ........................ ~ate uf flinneli.uta} liS. QIuunty uf f!Utwliey N. THEODORE LILLIE , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as MOUNDS VIEW BULLETIN , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)Theprinted ORDINANCE #587 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 , the WED. successive weeks; it was first published on 21ST 19~, day of AUGUST and was thereafter printed and published on every to and including , 19_; and printed , the day of below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: w~ ~ABCCEF.QI:IIJKLWIORQRSUAf.wxY.Z. LABeDEFGl-l~Kl:.MNOPQRe"j:U\/W~~ - * abcdefgh ijkl m nopq rstuvwxyz BY: TITLE: Subscribed and sworn to before me on this 21ST day of AUGUST ,19~. ~~'~I.ll. \ \~&.It\: Notary Public * Alphabet should be in the same size and kind of type as the notice. ",,-,-1 IT ~ ... STEPHANIE K. MICHEL W I NOTARY PUBLIC-MINNESOTA " RATE INFORMATION RAMSEY COUNTY I ... My Commission Expires JAN 31. 2000 t +~~~~~-~+ (1) Lowest classified rate paid by commercial users for comparable space. . . . . . . . . . . . . . . _ _ _ _ . . . . _ . .$14.10 per co\. inch (2) Maximum rate allowed by law for the above matter. .'. . . . . . . . . . . . . . . . $9.56 per co\. inch (3) Rate actually charged for the above matter . _ _ . . . _ . _ . . . . . . . . . . . . $ per co\. inch 1/96 ORDINANCE NO.. 587 'IJ~CtTY OF MOUNDS VIEW ,). ' dOUN'TV OF RAMSEY.. STATE OF MINNESOTA. ~ ORDINANCE AMENDING TITLE 1100 : OF THE MOUNDS VlEVli'ZONING CODE (fj'BY APDING A NEW CHAPTER 1128 ESTASJ.lSHING A 180 DAY MORATORIUM . 'ON NEW USE, DEVELOPMENT OR CONSTRUCTION OF COMMERCIAL - WfFU!LESS TELECOMMUNICATION SER,VlCES WITHIN THE CITY OF . . MOUNDS VIEW THE City OF MOUNDS VIEW ORDAINS: SECTION 1. litle 1100 of the Mounds View 2;Qning, COde. Is all1endedby adding a new Chapter 1126 to read: . 'Subd. 1.'AUTHORITY This Section is ~pted Dursuantto the authoritY aranted to the City in Minnesota Statutes. Section '462.335. Subdivision 4. entitled -Interim Ordinance." Subd ? PURPOSE .'1:he City of. MOl/nlls ~~~C:~~~~~:~~d~~;~r~~: thmu9hits Zonln9 Code The Mounds View ~~:'e~i~o Ct~~~~~~~~rii~~~ ~~~I~~~~~~h~ ~tablishmertt of new use. develooment or l;r~~i~:t~~!~:~:~i~~J~~~:~:;~ al)d Antllnnas for cellularoersonal qgmmunication services IPCS) silecialized ~~:::~: ~~~I~ 1~~~Rf."=i~ :=~~:= services marketed to the Dublic within the CiW Market demand raoidadvances in t~hl1oloQY' and exosndino federal licensure ot'radio freouencies has resultec;l in the inereasedreouests to locate Tower and ~ennas within the City: and that trend can Ill! exoected to accelerate in the reasonably. f6118seeable future The City Council is cgOcerned that there is a I~ck. of controls ~ ~~i~g '~~J~:~~ea~a:~~~~4e:~~t~~" alldress issues related to these Towers and Antennas such as the anprooriate locations for the Towers and Antennas and the conditions under which they m~ be allowed within the City Includlna structural and construction reouirements. co-location. setbacks and heiQht limitations. The City has received inouiries from comoanies desirino to construct Towers and Antennas and other facilities In the City. The City COuncil finds that it is necessarY to conduct studies to determine If there is a need to anlend the CitY's Zonino Code or its comDrehensive olan relatino to Towers and Antennas and if so to adoot the aoorooriate amendments The City Council finds that there's a need to adopt Interim measures for the ouroose of establishinll an orderlv olannino Drocess and 'dr'dtel:tlrfa the health safety and welfare of its citizens reaardino such matters ~ MORATORIUM. A moratorium on the nilw use develooment or conwuction of Towers and Antennas within the Qity is established. Durino the term of the moratorium no aODlication for final site and buildino plan aooroval buildin9 oermits and other oermits and anorovals related to such towers shall be 8CCeDted by the Cltv Neither the PlanninoCommission nor the CiW Council shall consider or orant aooroval 9f any aoollcatiori of such work No buildino Dermits fur such work s~all be issued fur the. develoonient or construction of Towers and Antennas within the City For the DUmoseS of the moratorium the term Towers and" Antennas shall include any Dole. .soire. structure or combinatioQ thereof inrnlidinll sLillQilrtJno lines ~bles wires . braces. and. masts intEinded Drimarilll fof the OUrrlOse of mountino Towers'and Antennas or similar aooaratus above grade for the Duroose of orovidinll commereial wireless telecommun- ication services to the public' The mora~ori\!Q1 shall not aooly to la) the VllI? of existjpQ'water towers in the city DrIb). TO)Ners and Antennas work that ~as recelVlild . all nBcessarv permits and aDorqval tram the CItv. oriorto the effective date of this ordinance. ~ EXPIRATION. Unless earlier re.pealed or modified by the City Council. this ordinance shall remain in effect for one hundred eiohtv (180). days from effective lImi. ". SECTION 2. EFFECTIVE DATE. Ib.ii ordinance Is effective 30 days after its publication Read by the City Council of the City of MOlinqs View on .!llbL2i..1l'196. Read ilnd passed by the City Council of .the City of Mounds View this 12111 day of ~ 1996. ATTEST: . . /at Jerome W. Unke Mayor (SEAL) /at Chuck Whiting CItyClerk-AcImlnlstretor (Bulletin: Aug. 21, 1996) . . . . i\ffibauit of 'ublicatinn ~ate uf lIinneliuta} lili . QIuunty uf f!Utwney T-J. 'T'HF.CljjCl:aE r.Il.i.IE , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as 1{om~DS 'TIEW BULLETIN , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE #587 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 , the successive weeks; it was first published on tl1F.n_ 21ST day of A,tJGTTST, 1 9 ----.9...fi, and was thereafter printed and published on every to and including day of , 19_; and printed , the below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: c/~ o :'ABC.DEF.GJ:IU~Oe.QRSIUY.wxX~ .:.ASCDEEmiW~III!leQRS:r.illIlOIlI:.Y.z _ . abcdefghijklmnopqrstuvwxyz BY: TITLE: Subscribed and sworn to before me on this 2 lS 'T' day of ]I. nc:n~ tT1 ,19-9...6.-. ~~~~ ~ ~,~~ Notary Public * Alphabet should be in the same size and kind of type as the notice. ":"~~~~tmSl~~ ~ STEPHANIE K. MICHEL I j , NOTARY PUBLIC-MINNESOTA I, RAMSEY COUNTY I 3 _~ My Commission Expires JAN 31, 2000 I + ~~'t_~_~_+ RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space. _ . . . . . . . . . . . . . . . . . . . . . . . . $14.10 per col. inch (2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . _ . . . . . $9.56 per co\. inch (3) Rate actually charged for the above matter ..,... _ . . . . . . . . . . . . . . $ per co\. inch 1/96 ORDINANCE NO. 587 q: CITY OF MOUNDS VIEw -oJ COUNTY OF RAMSEY ' STATE OF MINNESOTA 4N ORDINANCE AMENDING TITLE 1100 'OF THE MOUNDS VIEW ZONING CODE i:J BY ADDING A NEW CHAPTER 1128 E$TABUSHING A 180 DAY MORATORIUM ' ON NEW USE, DEVELOPMENT OR CONSTRUCTION OF COMMERCIAL -- WIRELESS TELECOMMUNICATION ,SERVICES WITHIN THE CITY OF 'MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Title 1100 of the Mounds View ~ning Code is amended by adding a new drlapter 1 JaG to read: 'Subd ' 1 'AUTHORITY T~i~ ~:~~ i: arjpoted ol!r!luant to the auth ri . . t the City in Minne!!ota Stat-;;:~~- ~~~~i~ 462.335 Subdivi!!ion 4 eniiL_ :'__e"':_ ' Ordinance. '_ "- ' Subd 2 PURPOSE .'The Gity of'Molln: if~~~~~~~~:~~~da~::~f~~~~ thlOuoh it!! Zonino Code The " PI~~ni~o commission i.~ I~ ~~~ ~~~~~~ ~ revlewmo the aooroorL t_ i_ . .h~ eStabli!!hment of new u!!e d~~~I~~:;~~ ~. c~"\)!!truction of commercial wirel;__ I. ?jt::r~~,~~t~~:n~:~~iC~~~~~i~~e~~~f; aM Antennas for celi____ er ~~unicati~n tervi~es n(PCSI :;~I~E =:Ii;: :~~ ~~~R~ =;: __.. ~ s~rvices marketed to the o.db~~:~~~ t~~ Clt.Y. Market demand ra~ s _ t~hnO!oav and ex~andino f=~!:~~~~~ of."radlo freouencle!l has _____._!:I__ _ im:reased reouests to locat~~~:~~ :~ ~~nnaswithin the City. ~nd _ ~ b~'exoectAd to accelerate i~~: ~~~~f~' folteseeable future The _:__ _ I ~c.erned that there is a I~C~~~~ ~,. ~~~i~~ '~~~~':;~e a~a~~:f=-~----=' atldress issues related to these fo;';e;;;~~ Antennas such as the aooroori:~e ~~~~s for the Towers and Antenn e conditions limier which they m~ be ~llo';~ within the Citv. includln<<;! atructuraf and constrllction reQuirements. CO-IOC~I~:~ setbac~s and heiaht limitations. The Ci received InQuiries from comoanies desiring to construct Towers and Antenn~~~nc~ ~~~~ facilities In the City The City n .1 I s that It is necessary to conducts~~~~~ ~~ determine if there is a need to a e t Cilv's Zonino COde or its comorehe;;~i~~ ol~n relatino to Towers .and Antennas an~:~; adopt ~e aooroonate am~dm:. ~ ~~Pi CounCil finds that there IS ant d interim measures for the ouroose of establishino an orderlv olannino ~~~~ i~ lirbtectirio the health safety and e 0 I citizens reaardino such matters ~ MORATORIUM. A moratorium on the new use develooment or con~on ~f Towers and Antennas within tt;; CitY ~ e!ltablished. Durino the term of th moratorium no aooiication for final site and buildino alan aooroval. buildina oerm:: ~~~ other permits aM aoorovals related s towers shall be acceDted by the City. Nelth~( the Plan nino Co~mission nor ~~: ~i~ Council shall conslde~ or Qrant ap v , an\( apDlication of such work No bUild~~ Dermits for such work shall be issued for , ~evl1110oI'l19nt or construction of TO=~::d Antennas within the City For the pu ,f the moratorium the term Towers an~" Antennas shall include any Dole. 'Solf; structure or combination thereaf Inclu 'ng suoporilnaUnes cables wires braces. an~. masls intllQded orimarilv for the oUrDOse qf mountino Towenfand Antennas or similar aooaratus abcive orade for the ouroose of DrQvidino commercial wireless telecommun- ication servic~ to the Dublic The morat:~: shall not aooly to lal the use of existinr;, r towers in the city Or' (bl. To~~r: .a~~ Antennas work that has rec v d necessary Dermlts and aooroval from the City DrIorto the effecttvA date of this ordinance. ~ EXPIRATION. Unless earlier, reaealed or modified by the City Council this ordinance shall remain in effect ~; i~: hundred eiohty (1801 days from eel. ~ SI:CTION 2. EFFECTIVE DATE. Ihi.i ordinance is effective 30 days after its oubiication. , , Read by the City.Council of the City ofl Mounds View on ~ 1~. , Read and passed by the' City Council of the City of Mounds View this .121lJ. day of Al.lm& 1996. ' ATTEST: . . (SEAL) /8/ Jerome W. Unke Mayor /8/ Chuck WhitIng City Clerk-AdmInistrator (Bulletin: Aug. 21, 1996) e