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91-021 ORD e ORDINANCE 91 - ~ AN ORDINANCE AMENDING SECTION 900.12 PERMITTED, ACCESSORY, AND CONDITIONAL USES BY DISTRICT The City Council of the City of Elk River does ordain as follows: Section 1. That Section 900.12 of the City of Elk River Code of Ordinances titled, "Permitted, Accessory and Conditional Uses by District" be amended to read as follows: 17. Antenna Tower Overlay Zoninq District e a. Purpose. The purpose of the Antenna Tower Overlay Zoning District is to protect the public health, safety, and general welfare by providing a specific zoning district for the use of land for the establishment and operation of Antenna Towers. Since this use is unique, a special zoning district is appropriate, and the City of Elk River reserves the right to determine the suitability of an Antenna Tower request based upon compatibility with surrounding land uses. Antenna Towers shall not be permitted nor conditional uses in any other Zoning District. This section shall apply to all antenna towers over sixty (60) feet in height. b. Uses. The Antenna Tower Overlay District is an overlay zoning district. Land zoned into the Antenna Tower Overlay District will also remain in its original zoning district (the Underlying Zoning District). All permitted, accessory, and conditional uses allowed in the Underlying Zoning District will continue to be allowed on land zoned into the Antenna Tower Overlay District, subject to all restrictions and requirements applicable in the Underlying District. In addition to the uses allowed in the Underlying Zoning District, there shall be allowed in the Antenna Tower Overlay District the conditional uses set forth below: Antenna arrays, supporting towers or structures therefore, radio, television, telephone and microwave transmitting and receiving equipment, and buildings and enclosures appurtenant thereto may be located in the Overlay District. e c. Dimensional and Other Requlations and Standards; Performance Standards. Except as provided to the contrary herein, Antenna Towers are subject to Dimension Regulations, Setbacks, Yard Regulations, Height Regulations, Sign Regulations, Parking and Loading Regulations, Performance Standards, and all other regulations, standards, and requirements applicable in the Underlying Zoning District. In addition, Antenna Towers e are subject to special standards set forth by the conditional use permit and the following: i. A qualified registered engineer shall certify that an Antenna Tower is desinged to have all portions of it land wi thin the lot on which it is situated in the event it collapses. ii. Only one Antenna Tower shall exist time on anyone lot or parcel. The requirement shall be one (1) acre, underlying zoning is more restrictive. at any minimum unless one lot the iii. The height of an Antenna Tower and the antenna thereon shall not exceed 240 feet. In the event applicable FAA or Minnesota Department of Transportation regulations are more restrictive as to height, such more restrictive regulations shall control. e iv. No part of any Antenna Tower nor any lines, cable, equipment, wires or braces in connection therewith shall at any time extend across or over any part of a right-of-way, pUblic street, highway, sidewalk or property line. No part of the Antenna or appurtenances thereof shall be constructed, maintained or located in or upon any required setback area for the Underlying Zoning District. v. Antenna Towers shall be designated to withstand a uniform wind loading as prescribed in the Uniform Building Code. vi. Antenna Towers shall be grounded for protection against a direct strike by lighting and shall comply as to electrical wiring and connections with all applicable codes and regulations. vii. Every Antenna Tower shall be protected to discourage climbing of the Structure by unauthorized persons. To prevent unauthorized climbing, Antenna Towers shall comply with one of the following requirements: (1) climbing apparatus shall not be located within twelve feet of the ground; (2) A locked, anti-climb installed on the Structure; device shall be e (3) A locked, protective fence at least six feet high shall be built around the Structure; e e e viii.The petitioners for an Antenna Tower must demonstrate, based on the topography of the site, surrounding structures and vegetation and the design of the tower, that off-site impacts from items such as lighting, electrical interference, and visual impacts as well as safety issues will be minimal. d. Administrative Procedure. Establishment of Antenna Tower Overlay Zoning on a specific parcel of land shall be by amendment to the City's zoning map as provided by this Zoning Ordinance and pursuant to the procedures set forth in Section 900.44 hereof. An application for a conditional use permit pursuant to the standards and procedures set forth in Section 900.42 to allow a specific Antenna Tower, if timely filed as provided by the Zoning Ordinance, may be processed by the City and considered by the City Council along with an application to zone the affected property into Antenna Tower Overlay District. Section 2. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this 21st day of oc:::t=:l-Z~~fc~ James A. Tralle, Mayor lerk Affidavit of Publication STATE OF MINNESOTA ) )88. COUNTY OF SHERBURNE) /J O)tJ ')kA/;'L/J;;~J;'rlif/vu , // being duly sworn. on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicaLle laws, as amended. (B) The printed O/l-~ti-~ft{l---vt/{':U Cj / ." "-~ I which is attached was cut from the columns of said newspaper, and was printed and published once each week, for /... S~j cessive weeks; it was first published on Wednesday I the .::J()- day of Or T A-1Wl , 19~, and was thereafter printed and published on every Wednesday to and including Wednesday, the _ day of ,19_; and printed 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. a bed e f g h ij k 1 m n 0 p q r 8 t u v w x y z /;-"" r r . B~ DI'''1/J~'V~/\/1/1./t1A/''-) TITLE: 0 E:Q.( ;C&~L-/ Subscribed and sworn to before me on this Or~H!/) . 193.L. &-,itJ YY7.~1~ NotaryPubli r::;~=~=='1 rn,l-f.""~ ""')1f6~A 1;(,I\t.I\.~;y:'i:Yr'\ :.~... '!"~ \, ...* ~Ar;;; " \ ."t ,1~.I\!I, ~~ RATE INFoRIVtAn~ MyC(\ltmis~inll Expir~s ';urt~ 11\ 1G~1 ~. (1) Lowest classified rate paid by ," '!j",,J,~NIf'N.V~>#I"#"'N~NVlJI commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter .3/ r;:t day of $ I 5-'7. 5?J $ 10 d.. 3<;5 $ I D~.3~ petitiOnera for an Antenna '. :demonlltrate, based on the of' the Site,. surrounding egetation. and the de- , that:off-site impacts as Jigb~il:iDs, electrical ~sual impacts as well inb&minimal. . , Estab- :Tower Overlay parcel ofland shall to the City's zoning y this.,lpning Ordi- . . dures .An 't shall force from and , publiCation. ted this 21st day of 991. .' . ,,:., James A. Trall&, Mayor 'A'lTEST " Sandra A. Th~kefllY, City Clerk ; .' ....... (0ct30) .