CR 2003-007 Interim Ordinance Regulating And Restricting The Installation
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HOPKINS
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January 2, 2003
Council Report 03-07
INTERIM ORDINANCE REGULATING AND RESTRICTING THE
INSTALLATION OF ABOVE-GROUND PERSONAL WIRELESS
TELECOMMUNICATIONS EQUIPMENT OR FACILITIES WITHIN
RESIDENTIAL DISTRICTS
Proposed Action.
Staff recommends the following motion: Move to adopt Ordinance 03-891. placing an
interim ordinance regulating and restricting the installation of above-ground personal
wireless telecommunications equipment or facilities within residential districts, for first
reading.
Overview.
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In December the City Council reviewed a variance request by Quest to locate ground
equipment on residential property. This request was continued to the January 7th agenda for
City Council consideration. The Council asked the staff to draft an interim ordinance to
allow the City Council time to study the regulation of personal wireless equipment within
residential districts. There have been changes in the industry since the existing ordinance
was passed. The staff will complete the study. Other cities ordinances will be analyzed and
recommendations will be reviewed by the City Council for possible ordinance amendments.
The moratorium will not apply to any permits that have been submitted prior to the first
reading of this ordinance.
The interim ordinance will expire one year after it is effective. The ordinance can be
extended for an additional six months.
Supportine: Documents.
. Ordinance 03-891
Nanc . Anderson, AICP
Planner
Financial Impact: $_ N/ A_Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
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CR03-07
Page 2
Alternatives.
1. Approve the moratorium regulating and restricting the installation of above-ground
personal wireless telecommunications equipment or facilities within residential districts
extension. By approving the moratorium the installation of above-ground personal
wireless telecommunications equipment or facilities within residential districts will not be
allowed for a period of one year' or until an ordinance amendment.
2. Deny the moratorium regulating and restricting the installation of above-ground personal
wireless telecommunications equipment or facilities within residential districts. By
denying the moratorium the installation of above-ground personal wireless
telecommunications equipment or facilities within residential districts will be allowed. If
the City Council considers this alternative, findings will have to be identified that support
this alternative.
3. Continue for further infonnation. If the City Council indicates that further infonnation is
needed, the item should be continued.
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2003-891
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE
PLANNING PROCESS AND THE HEALTH, SAFETY AND
WELFARE OF CITY RESIDENTS; AND REGULATING AND
RESTRICTING THE INSTALLATION OF ABOVE-GROUND
PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT
OR FACILITIES WITHIN RESIDENTIAL ZONING
DISTRICTS IN THE CITY OF HOPKINS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1.
Background and Findings.
1.0] As part of the "Residential Neighborhood Policies" included in the Comprehensive Plan
of the City of Hopkins, the City and the City Counsel have adopted and approved the
following policies:
. The City will work to assure strong and well-maintained neighborhoods in order
to foster an overall positive economic development climate in Hopkins.
Hopkins is primarily a residential community, and its people are its strength. The
City has established neighborhoods with well-maintained homes, mature
vegetation, and decades of personal commitment. However, the effects of time,
physical deterioration, changing tastes, market competition, and, not least, the
influence of traffic and nearby businesses may erode the quality of these
neighborhoods, and in"evocably change the nature of the community population.
A primary goal ofthe City of Hopkins is to work to protect these residential areas.
] .02 Consistent with these policies stated in the City's Comprehensive Plan, the City Council
believes it is pmdent to review tIle City's Code of Ordinances, which does not adequately
provide for the regulation and installation of personal wireless telecommunications
equipment or facilities.
1.03 The unregulated installation of above-gl'Ound personal wireless telecommunications
equipment or facilities within residential zoning districts in the City may be detrimental
to and inconsistent with sunounding residential uses and other pennitted uses within
those residential zoning districts.
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] .04 There is a need for a study to be conducted so that the City Council can detennine
whether it is necessary to amend the City's existing Ordinances, Regulations and Official
Controls or adopt new Ordinances relating to and regulating the installation of personal
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wireless telecommunications equipment or facilities within residentially zoned areas of
the City of Hopkins.
1.05
The Telecommunications Act of 1996 authorizes the City of Hopkins to adopt zoning
ordinances regulating the installation of wireless telecommunications facilities within the
City.
1.06
Minnesota Statutes, Section 462.355, Subd. 4, allows the City of Hopkins to adopt this
Interim Ordinance to protect the planning process. The City Council finds that adoption
of this Interim Ordinance will protect the planning process and the health, safety and
welfare of its citizens while the study provided for in this Ordinance is being conducted.
Section 2.
Plannin2 Study.
2.01 A study shall be conducted by City staff to determine how and to what extent the
installation of personal wireless telecommunications equipment or facilities within the
City of Hopkins should be regulated or restricted. The scope of the study should include,
but should not be limited to, the following matters:
A. The manner in which the installation of above-ground personal wireless
telecommunications equipment or facilities should be restricted or regulated in
order to serve or accomplish the policies and goals stated in the City's
Comprehensive Plan.
B. The manner in which the installation of personal wireless telecommunications
equipment or facilities should be restricted or regulated in order to achieve the
City's goal of preserving the aesthetics of the City's residential neighborhoods
and to otherwise preserve and maintain residential areas.
C. The manner in which the installation of personal wireless telecommunications
equipment or facilities should be restricted or regulated in order to achieve the
City's goal of maintaining the safety and welfare of its citizens.
D. The need for modifications to the City's Ordinances, Regulations and Official
Controls in order to assist in achieving the City's policies and goals relative to the
preservation of residentially zoned districts within the City.
2.02 Upon completion of the study, the study shall be submitted by staff to the City Council
for its review .and consideration of any modifications to the existing Ordinances,
Regulations and Official Controls of the City.
Section 3.
Moratorium.
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3.01 Except as expressly permitted by the last sentence of this Paragraph 3.01, a moratorium
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on the construction, installation or location of personal wireless telecommunications
equipment or facilities within any residential or R zoning district as established by the
Hopkins Official Zoning Map as in effect on the effective date of this Interim Ordinance
is hereby adopted for the purpose of protecting the planning process pending completion
ofthe study authorized by this Ordinance and adoption of any modifications to the City's
Ordinances, Regulations and Official Controls. No approval, license, permit or variance
shall be granted or issued for the construction, installation or location of any above-
ground personal wireless telecommunications equipment or facilities within any
residential or R zoning district within the City during the term of this Interim Ordinance,
except as expressly permitted by the last sentence of this Paragraph 3.01. This Interim
Ordinance and the moratorium imposed by this Interim Ordinance shall remain in effect
until the date that is six months after the effective date of this Interim Ordinance, or such
earlier date as may hereafter be established by an Ordinance duly adopted by the City
Council. The term of this Interim Ordinance and the moratorium imposed hereby may be
extended for an additional period of time not to exceed six months by Resolution duly
adopted by the City Council as may be necessary to complete the study authorized hereby
and to adopt any necessary modifications to the City's Ordinances, Regulations and
Official Controls. The moratorium established by this Interim Ordinance shall not apply
to any application for a permit or approval to construct, install or locate above-ground
personal wireless telecommunications equipment or facilities, if the application for such
permit or approval has been duly and properly submitted to the City of Hopkins before
the date of the first reading of this Interim Ordinance by the Hopkins City Council.
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Section 4.
Enforcement.
The City may enforce the provisions of this Interim Ordinance or enjoin any violation thereof by
mandamus, prohibitive or mandatory injunction of any other appropriate legal or equitable
remedy, including, but not limited to, remedies and enforcement procedures provided in the
statutes of the State of Minnesota or Ordinances of the City of Hopkins, in any Court of
competent jurisdiction.
Section 5.
Severabilitv.
Every section, provision or part of this Interim Ordinance is declared severable from every other
section, provision or part, and if any portion of this Interim Ordinance is held invalid or
unenforceable by a Court of competent jurisdiction, it shall not invalidate any other section,
provision or part of this Interim Ordinance.
Section 6.
Effective Date.
This Interim Ordinance shall be effective upon its publication.
First reading:
January 7,2003
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Second reading:
January 21, 2003
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Date of Publication:
Date Ordinance Takes Effect:
January 30,2003
January 30,2003
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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