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2003-891 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. Back2round and Findin2s. 1.01 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 irrevocably change the nature of the community population. A primary goal of the City of Hopkins is to work to protect these residential areas. 1.02 Consistent with these policies stated in the City's Comprehensive Plan, the City COlU1cil believes it is prudent to review the City's Code of Ordinances, which does not adequately provide for the regulation and installation of personal wireless telecOlmnunications equipment or facilities. 1.03 The unregulated installation of above-ground personal wireless telecommunications equipment or facilities within residential zoning districts in the City may be detrimental to and inconsistent with surrounding residential uses and other pelmitted uses within those residential zoning districts. 1.04 There is a need for a study to be conducted so that the City COlU1cil 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 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. Planning 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 manrIer 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 mmmer 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 ofthe City. Section 3. Moratorium. 3.01 Except as expressly permitted by the last sentence of this Paragraph 3.0 I, a moratorium c:hopciv\ordinance.wirelesstelemora - 2 - 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 of the 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- grOlU1d personal wireless telecommunications equipment or facilities within any residential or R zoning district within the City during the tenn 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 ofthis 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 alld to adopt allY necessary modifications to the City's Ordinances, Regulations and Official Controls. The moratorium established by this Interim Ordinallce shall not apply to any application for a pennit 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. 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 allY other appropliate 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. Severability . Every section, provision or part of this Interim Ordinance is declared severable from every other section, provision or part, and if any portion of tIns Interim Ordinance is held invalid or unenforceable by a Court of competent jurisdiction, it shall not invalidate allY other section, provision or part of this Interim Ordinance. Section 6. Effective Date. This Interim Ordinance shall be effective upon its publication. First reading: JallUal-y 7, 2003 Second reading: January 21,2003 c :hopciv\ordinance. wirelesstelemora - 3 - Date of Publication: Date Ordinance Takes Effect: January 30,2003 JallUary 30,2003 &:.-~~ ATTEST: ... c:hopciv\ordinance.wirelesstelemora - 4 -