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HomeMy WebLinkAbout1007 Ord (Regulation of Radio and Television Towers) ORDINANCE 1007 AN ORDINANCE AMENDING THE CITY CODE BY CHANGING ~31-O10, ENTITLED "DEFINITIONS" AND BY CHANGING ~31-512, ENTITLED "REGULATION OF RADIO AND TELEVISION TOWERS" THE CITY COUNCIL OF THE CITY OF STILL WATER DOES ORDAIN: I. Amendinf!. (a) S31-0 I 0, Definitions is amended by adding the following: 75.5. Guyed towers when found in Section 31-512 (Regulation of radio and television towers) means a support structure secured by guy wire anchored on multiple sides away from the tower base. 89.5. Lattice towers when found in Section 31-512 (Regulation of radio and television towers) means a support structure constructed of vertical metal struts and cross braces forming a triangular, square, or other similar structure, which often tapers from the foundation to the top. 102.5. Monopole towers when found in Section 31-512 (Regulation of radio and television towers) means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation. 154.5. Stealth towers when found in Section 31-512 (Regulation of radio and television towers) means a support structure that uses man-made trees, clock towers, bell steeples, flag pole, light poles and similar camouflaging designs that camouflage or conceal the presence of antenna. This includes monopole towers where all antennas are internal to the tower. (b) S31-204, Generally is amended by striking S31-204, Subd. 5, footnote I and replacing it with the following: 1 For conditional and special use permits in the CA, General Commercial zoning district, Floodplain Overlay District, the St. Croix River Overlay District, and the Regulation of Radio and Television Towers, the city council shall be final decision authority. Additionally, the city council shall be the final decision authority for those specific conditional or special use permits so noted in the use tables of Section 31-315 and Section 31-325. (c) S31-512, Regulation of Radio and Television Towers is amended by striking S31- 512, Subd. 3 and replacing it with the following: Subd. 3. Antenna and towers in residential districts (RA, RB, RCM, RCH). Any person, firm or corporation erecting a tower or antenna in a residential district must obtain a conditional use permit from the City Council and meet the following requirements: (d) S31-512, Regulation of Radio and Television Towers is amended by striking S31- 512, Subd. 3, (a)(4) and replacing it with the following: (4) Towers are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting, and character of Stillwater's residential areas. (e) S31-512, Regulation of Radio and Television Towers is amended by striking S31- 512, Subd. 3, (a)(5) and replacing it with the following: (5) Minimum land area for freestanding tower sites in residential districts is one acre. (f) S31-512, Regulation of Radio and Television Towers is amended by striking S31- 512, Subd. 4 and replacing it with the following: Subd. 4. Stillwater West business park districts--Business park commercial, business park office, business park industrial (BP-C, BP-O and BP-I). Any person, firm or corporation erecting a tower or antenna in the Stillwater West Business Park shall require a conditional use permit from the City Council and meet the following requirements of this Section 31-512: (g) S31-512, Regulation of Radio and Television Towers is amended by striking S31- 512, Subd. 7, (b)(1) and replacing it with the following: (1) Stealth towers are the preferred tower design in residential districts. Monopoles are the preferred tower design in all other districts. The city will consider alternative tower types in cases where structural; radio frequency design considerations; or the number of tenants required by the city, precludes the use of a preferred tower design. Guyed towers may not be used in any district. Lattice towers may not be used in any residential district. 2. Savinf!. In all other ways, the City Code will remain in full force and effect. 3. Effective Date. This Ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 21 st day of A ATTEST: AJffiM ~ #').ruL- Diane F. Ward, City Clerk Sue Moore From: Sent: To: Subject: Lisa Smith [Ismith@acnpapers.com] Wednesday, April 22, 20092:37 PM Sue Moore Re: Ordinance NO.1 007 Thank you for your legal publication request. It will be published in the Stillwater Gazette as requested. Questions regarding scheduling, billing, and affidavits should be directed to Julie at 651-439-3130. Questions regarding changes to legal text may be directed to Lisa at 952-392-6818. Thank you, Stillwater Gazette Legals gazads@acnoaoers.com On Apr 22, 2009, at 2:27 PM, art wrote: Begin forwarded message: From: "Sue Moore" <smoore@ci.stillwater.mn.us> Date: April 22, 2009 2:08:55 PM CDT To: "Stillwater Gazette" <Qazads@acnpapers,com> Subject: Ordinance No. 1007 Please publish the attached ordinance in your legal section on April 24, 2009 and let me know you received this request. Thanks! ~U~ Moor~ ~dmini~tration City of ~til1wat~r 216 North 4th ~tr~~t ~til1wat~r, MN 55082 1 phon~: (651) 430-8803 ~mQQIg@GL~lUl~~t~r,ml] .u~ <Ord 1007 .doc> 2 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF WASHINGTON . CitypfStillwater Stnrwatet.Gazette.. April 24. 2009 QRDlNANCE 1007 AN ORDINANCE AMENDING THE CITY COPE BY ~ P1-Q10, ENnTLED "DEFINmONS" AND BY CHANGING PH512, ENTITLED "REGUL~ION OF RADIO AND TELEVISION TOWERS" T~~.~'I')J~9M.~'n'~lT~ CITY OF STILLWATER DOES ORDAIN: 1; :O-'_J1LI;t.J (a) ~31-o1Cl. DefinitiOns is amended by adding the following: . 75.5. Guyed towers when found in Section 31"512 (Regulation of radio and television towers) means a support structure secured by guy wire anchored on muttipl~ sides away frorn the tower base. .. . , 89.5. Lattice towers when found in Section 31-512 (Regulation of radio and television towers) ,means a $uppor,tstructure c0n- structed of vertiCal metal struts. and cross bl'l\C$$ forming a tri- angular,. square, or other slmi.1ar stl'Ucture, whict1 often tapers from the foundation to the t<<?p. t02.5. MonopOle tpWElrs'when foUnd in .Se<:tlOn 31-612 (Regulation of radio and television towers). meansaSUppl)rt structure constructEId. of a S1n9le. self.supPortinghotlow metal tube securely anchored to a foundation. . 154.5. Stealth towers When founi:Hn Section 31-512 (ReQU/ation of radio and television towers) lTleans a $upport strucluI"cithat uses man-made trees,clock t~. bell. steElples, flag, pole, light poles and similar c:am0Uflaglng desl9"s lhatcamoutlage Or conceal the presence of antenna. This includes rnonopoI$ t0w- ers where all antennasare internal to the tower. (b) ~1-204. Generally is amended by striking i$1-204.Subd.6. footnotE! 1 and replacing it with the following: ... .. , 1 For conditional and special Use.permlts.in tha CA,' General Commercial ~Qing district. FloodplajnC>vel1ay' District, the st. Croix River Overlay District. and the Regulation.. oj.. Radio .and. Television Towers.lt1e city council shall be finaldecll$iQn~. Additionally, the city council shall be the final decision authOrlty for those specific /!eTul-'~~ . ~N 'lJJ1 Jo.W JOl Ife) e so. a^!6 asealdsly6!u II Uo. ao.6eal e 6u!u!ofu! pa~JalU! 'n\f-,(e~ WOJl uo.J pue OE:S le fJeu Ual\alUilJaWPJo.<+a!Je^l!UPIOl&M ~ dno.J6 UMQ Jno.,(Yl!M~eJdo.l 0.0.,( anpeallepo.s aYl 'luauoddo. In eYl,sa,o.y aJo.W U!Mo.l6U!Allll/!YM illl,(e/d luaJaj.J!p Yl!Mdnp.u!ed aq laaM y)ellWeiU lllllJa,ijIP li1.lSUfI?6e ladWo.) II!MW~l Jna,( ao6e~1,(elct Y)fe~ aYl ul'an6ea1/epOSJno.J? ,ofieal ,(eldY)lewJno. JaYl!aJO~SI) lOo. UO ilUIo.)'qOI) llo.9 PUQIUY)jlf lely6!u 5a!PtrlS! ly6!u,(li1p5aUpaM JIftI....."'.:... m::::1h. ',~. '" ,..... , ,c . ila....,l c' :: 'J~JJasv ShVMj Iivp"JaA.M~ 'seu,~ ya,M.yej,1 .J.euu1)'es.J.flOc' .wdoo: L, ':}SI ABW ABP!ld .J? Julie Athey, being duly sworn on oath, says: that she is, and during all times herein states has been, Clerk of Sun Newspapers Publisher of the newspaper known as the Stillwater Gazette, a newspaper of general circulation within the City of Stillwater and the County of Washington. That the notice hereto attached was cut from the columns of said newspaper and was printed and published therein on the following date(s): 24th of April 2009 Newspaper Ref.lAd #916307 if1~CULu Subscribed and sworn to before me this 5th day of May 2009 ~ NOT Y P . LIe . . Washington County, Minnesota My commission expires January 31, 2011 MARK E'DWA NOT AR ~~uBE'RRIMAN , MIN BUe ' My CommiSSion ~~SOTA .olres ,Ian, 31,2011