HomeMy Public PortalAbout292CITY OF MEDINA
ORDINANCE NO. 292
AN INTERIM ORDINANCE REGULATING TRANSMISSION
AND RECEPTION FACILITIES OF COMMERCIAL
WIRELESS TELECOMMUNICATION SERVICES;
ESTABLISHING A MORATORIUM; AND DIRECTING A
STUDY BE CONDUCTED THEREON
THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS AS FOLLOWS:
Section 1. Background.
1.01. The City of Medina ("City") currently regulates various types of wireless transmission
and reception facilities through its official controls.
1.02. Among the facilities that are currently subject to direct regulation are antennas and
towers having a fixed location and operated to furnish to the public commercial wireless
telecommunication services (hereinafter "CWTS"), including cellular, personal communication services
(PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and
similar services that are marketed to the public.
1.03. Market demand, rapid advances in technology and expanding federal licensure of radio
frequencies has resulted in the proliferation of CWTS in the recent past, and that trend can be expected
to accelerate in the reasonably foreseeable future.
1.04. The City's regulation of antenna and tower transmission facilities predates the events
described above and fails to differentiate among the various types of facilities including CWTS.
1.05. The City Council is concerned that its official controls relating to antennas and towers
may not adequately address issues related to these towers, such as the appropriate locations for the
towers and the conditions under which they may be allowed within the City, including structural and
construction requirements, co -location, setbacks, and height limitations.
1.06. The City has received inquiries from companies desiring to construct additional CWTS
towers and other facilities in the City.
1.07. Minnesota Statutes, section 462.355, subdivision 4, allows the City to adopt an interim
ordinance for the purpose of protecting the planning process and the health, safety and welfare of its
citizens.
Section 2. Findings.
2.01. The City Council finds that it is necessary to conduct studies to determine if there is a
need to amend the City's official controls or its comprehensive plan relating to CWTS's, and if so, to
adopt the appropriate amendments.
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2.02. The City Council finds that there is a need to adopt an interim moratorium ordinance for
the purpose of protecting the planning process and the health, safety and welfare of its citizens
regarding such matters.
Section 3. Planning and Zoning Study; Moratorium
3.01. A study is authorized to be conducted by City staff to determine if the City's official
controls need to be modified as they relate to CWTS's.
3.02. Pending completion of the study and adoption of any amendments to the City's official
controls, there is hereby established a moratorium on the construction, erection, placement,
reconstruction, enlargement, or expansion of CWTS towers within the City and on the development
and use of property for such purposes, except with regard to towers or property owned by the City.
3.03. During the period of the moratorium, applications for final site and building plan
approval, building permits, and other permits and approvals related to such tower work shall not be
accepted by the City; neither the Planning Commission nor the City Council shall consider or grant
approval of any application for such work; and no building permits for such work shall be issued.
3.04. For the purposes of the moratorium, the term "CWTS tower" shall mean any pole, spire,
structure, or combination thereof, including supporting lines, cables, wires, braces, and masts, intended
primarily for the purpose of mounting an antenna or similar apparatus above grade, for the purpose of
providing commercial wireless telecommunication services to the public, except any such structure or
property owned by the City.
3.05. The moratorium shall not apply to: (a) the lawful use of existing towers; (b) the repair
and/or maintenance of any existing tower provided that such work does not enlarge or expand that
tower; (c) work on a tower necessary to preserve health, safety, life, or property in the face of an
emergency; (d) tower work that has received all necessary permits and approvals from the City prior to
the effective date of this ordinance; or (e) towers or property owned by the City.
Section 4. Enforcement.
4.01. The City may enforce this ordinance by mandamus, injunction or other appropriate civil
remedy in any court of competent jurisdiction.
Section 5. Duration.
5.01. This ordinance shall remain in effect for 90 days from the date of its effective date or
until such earlier time as said ordinance shall be revoked or otherwise amended.
Section 6. Separability.
6.01. Every section, provision or part of this ordinance is declared separable from every
other section, provision or part of this ordinance. If any section, provision, or part of this ordinance is
adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any
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other section, provision, or part of this ordinance.
Section 7. Effective Date.
7.01. This ordinance shall take effect the day after the date of its publication.
Adopted by the City Council of the City of Medina this 6th day of November, 1996.
tjA52.4....41
i
Anne E. eis, Mayor
AT
Paul Robinson, Clerk -Treasurer
Published in the Weekly News this 27th day of November, 1996.
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