Ordinance Establishing a 90-day Moratorium
on New Towers (Ordinance No. 96-10)
AN ORDINANCE ESTABLISHING A 90-DAY MORATORIUM WITHIN THE CITY OF THE CONSTRUCTION OF NEW TOWERS AND ON
THE USE AND DEVELOPMENT OF PROPERTY FOR SUCH NEW TOWERS, THEREBY AMENDING CHAPTER 19 OF THE CITY CODE BY ADDING
A NEW SECTION 19.03 FOR THAT PURPOSE
The City Council of the City of Bloomington hereby ordains:
Section 1. That Chapter 19 of the City Code is hereby amended to read as follows:
* * *
CHAPTER 19: ZONING
* * *
ARTICLE II. ADMINISTRATION AND PROCEDURE
* * *
SEC 19.03.03 [RESERVED]'TOWER MORATORIUM
(a) Preamble
Recent advances in wireless communications technology have resulted in a new generation of cellular
communication services. These new services, called "Personal Communication Services" ("PCS"), will likely require
numerous antenna locations throughout the community. These antennae may be located on located on buildings, water
towers, and other similar structures, but will also frequently be located on towers constructed or enlarged for
that purpose.
Two PCS providers have recently been licensed by the FCC, and additional providers are expected to be
licensed in the near future. These entities are expected to pursue antenna sites within the City, and these efforts
are expected to include requests to construct new or enlarged communications towers. There is concern that current City
ordinances may not adequately address issues relating to these towers, such as the appropriate locations for these towers
and the conditions under which they may be allowed within the City, including structural and construction requirements,
co-location, setbacks, and height limitations.
There is a need to study these and other issues to determine what regulatory controls may need to be adopted
to protect the public health, safety, and welfare. A City staff task force has been studying PCS and tower issues and has
been directed to continue to conduct such studies, but additional time is required for this purpose before proposals for
amendments to City zoning regulations can be prepared and considered by the City Council at a public hearing.
The Council finds, therefore, that a moratorium is required in order to protect the planning process and to
prevent the construction or enlargement of towers and the use and development of lands within the City for such towers
pending the completion of necessary studies and the consideration and implementation of new regulations on that subject.
At the present time it is expected that the necessary study and implementation can be completed within the 90-day period..
(b) Moratorium Established: Scope: Definition of "Tower"
(1) In accordance with the findings set forth in the Preamble to this ordinance and pursuant to the authority
of Minnesota Statutes 462.355 (subd. 4), there is hereby established a moratorium on the construction, erection, placement,
reconstruction, enlargement, or expansion of towers within the City and on the development and use of property for such
purposes.
(2) 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 required for such work, and no building permits for such work shall be issued.
(3) For the purposes of the moratorium, the term "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, meteorological device, or similar apparatus above grade."
(c) Applicability
The moratorium shall be applicable to property throughout the City.
(d) Exceptions
The moratorium shall not apply to (1) the lawful use of existing towers or the lawful erection of antennae
on such existing towers, (2) the repair and/or maintenance of any existing tower provided that such work does not enlarge
or expand that tower, (3) work on a tower necessary to preserve health, safety, life, or property in the face of an
emergency, and (4) tower work that has received all necessary permits and approvals from the City prior to the effective
date of this ordinance.
(e) Penalties
Any person, corporation, or other entity that constructs, erects, places, reconstructs, enlarges, or expands
a tower in violation of this Section shall be guilty o a misdemeanor and shall be subject to any additional legal or
equitable remedies available to the City.
(f) Effective Date
This Section shall take effect upon its adoption and publication, shall be effective for 90 days from its
effective date, and shall expire at that time unless further extended.
For more information, contact:
Planning Division
PH: 952-563-8920, FAX: 952-563-8949
E-mail: planning@ci.bloomington.mn.us
Tower HOME
|
