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(A) Abandoned or unused towers or portions of towers shall be removed as follows: all abandoned or unused towers and associated facilities shall be removed within twelve (12) months of the cessation of operations at the site unless the City Council approves a time extension. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed with twelve (12) months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property.
(B) Unused portions of towers above a manufactured connection shall be removed within six (6) months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit.
(Ord. 395, passed 7-6-2010)
Antennas and towers in the city as of the publishing of this subchapter which do not conform to or comply with this subchapter are subject to the following provisions:
(A) Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this subchapter; and
(B) If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit without otherwise complying with this subchapter; provided, however, that if the cost of repairing the tower to the former use, location and physical dimensions would exceed the cost of a new tower of like kind and quality, then the tower may not be repaired or restored, except in full compliance with this subchapter.
(Ord. 395, passed 7-6-2010)
In addition to the information required elsewhere in this subchapter, applications for commercial wireless telecommunication towers and antennas shall include the following supplemental information.
(A) A report from a qualified professional engineer licensed by the State of Minnesota which:
(1) Describes the tower height and design including a cross section and elevation;
(2) Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
(3) Describes the tower’s capacity, including the number and type of antennas that it can accommodate;
(4) Documents what steps the applicant will take to avoid interference with established public safety telecommunications;
(5) Includes an engineer’s stamp and registration number;
(6) A site plan clearly indicating a fall-zone equal to the height of the tower / antenna; and
(7) Includes other information necessary to evaluate the request.
(B) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
(C) Before the issuance of a building permit, the following supplemental information shall be submitted:
(1) Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration, the Federal Communications Commission and the Municipal Airport Zoning Code; and
(2) A report from a qualified professional engineer licensed by the State of Minnesota which demonstrates the tower’s compliance with the aforementioned structural and electrical standards.
(Ord. 395, passed 7-6-2010)
PLANNED UNIT DEVELOPMENTS
(A) Purpose and intent. It is the purpose of this subchapter to provide for the grouping of lots and/or buildings within a development as an integrated, coordinated unit which allows for greater development flexibility through the removal of the detailed restrictions of conventional zoning. This subchapter allows for greater freedom, imagination and flexibility in site design and layout as well as promotes the preservation of natural features, the conservation and efficient use of land, and the creation of additional open spaces than is possible under the more restrictive application of the zoning code. The diversification and variation in the relationship of uses, structures, open spaces, natural features and public amenities in the development is conceived and implemented as a comprehensive and cohesive unified project. Developments utilizing the regulations, as set forth in this subchapter, shall be in substantial compliance with the basic intent of the zoning code and shall meet the policies and goals outlined in the comprehensive plan. Planned Unit Developments are recognized as serving the public interest, through the provision of specific features or characteristics within the development. Through proper planning and design, each Planned Unit Development should include features which are in compliance with the following objectives:
(1) To promote a development pattern that is in harmony with the intent, policies and goals as outlined within the comprehensive plan.
(2) To encourage innovation and diversification within residential developments that meet the growing demands for different housing options at all economic levels.
(3) To provide higher quality standards of site and building design within developments which are architecturally and environmentally innovative and to achieve better utilization of land than is possible through the strict application of zoning and subdivision regulations.
(4) To conserve the natural amenities of the land through the preservation and enhancement of site characteristics such as natural topography, woodland areas, scenic views, steep slopes, wetlands, creeks, lakes, natural habitats, geological features and to prevent soil erosion.
(5) To permit the mixing of land uses within the development that may not otherwise be accomplished through the rules and regulations of the zoning code.
(6) To preserve and enhance open spaces, which provide scenic enjoyment, active and passive recreational uses, natural habitat protection and community identity.
(7) To reduce improvement costs through a more efficient use of land and a smaller network of utilities and streets than is possible through the application of standards contained in conventional subdivision regulations.
(8) To promote a more creative and efficient approach to land use within the city, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability and general welfare of the city.
(9) To encourage development that will utilize energy and environmental designs that will promote water efficiency, energy efficiency, air quality, construction waste management and resource reuse, sustainable building and site design and construction, and innovative green building principles.
(B) Benefit. The proposed Planned Unit Development shall accomplish a majority of the purposes and shall meet the design criteria as set forth within this subchapter. Any proposed Planned Unit Development shall not be simply for the enhanced economic gain of the applicant and it shall be the applicant’s responsibility to demonstrate compliance with this requirement. Written documentation addressing this matter shall be made part of the Planned Unit Development application.
(C) Areas covered.
(1) The Planned Unit Development District may be applied within any zone.
(2) Any or all contiguous land owned by the applicant shall be included in a Planned Unit Development when necessary to meet the purpose of this district.
(Ord. 395, passed 7-6-2010)
(A) Comprehensive plan consistency. The proposed Planned Unit Development shall be consistent with the policies and goals of the comprehensive plan and the comprehensive plan land use map.
(B) Zoning district regulations.
(1) A single use Planned Unit Development is a development consisting solely of one (1) of the following use categories: residential, commercial or industrial. Uses allowed in a single use Planned Unit Development shall be limited to the permitted, conditional and accessory uses allowed in the underlying zone.
(2) A mixed-use Planned Unit Development is a development consisting of any combination of residential, commercial or industrial uses. Uses allowed in a mixed use Planned Unit Development may consist of uses consistent with those uses allowed as permitted, conditional or accessory uses in the underlying district and/or a similar use zoning district. The City Council may place more restrictive conditions on the mixture of uses within a Planned Unit Development to ensure preservation of the public health, safety and welfare; compliance with the intent of this subchapter; and, that land uses occurring within the Planned Unit Development, and between the Planned Unit Development and the surrounding land uses, do not conflict.
(3) The Planned Unit Development District is a floating zone designated within the zoning code and not pre-designated on the zoning map. It shall only be designated on the zoning map at such time as the City Council reviews and approves the final development plan for the Planned Unit Development and an ordinance rezoning the property to Planned Unit Development. At such time, the Planned Unit Development District is considered an amendment to the zoning map.
(Ord. 395, passed 7-6-2010)
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