11 13 24 PC PacketPLANNING COMMISSION MEETING AGENDA
Remote Attendance/Comment Options: Meetings are conducted in a hybrid
format with in-person and remote options for attending, participating, and
commenting. You may attend virtually by:
•Watching on cable channel 16
•Streaming on CCXmedia.org
•Streaming on Microsoft Teams: meeting ID 297 731 355 148, passcode
aQaE4J
•Calling 1-872-256-4160 and entering conference ID number 738 266 392
1.Call to Order:
a.Land Acknowledgement
b.Attendance (by presence, not roll call)
i.Commissioners: Amy Barnstorff, Adam Brookins, Gary Cohen, Mike Ruby,
Chuck Segelbaum, Martin Sicotte, and Eric Van Oss
ii.Youth Member: Vacant
2.Consent Agenda: All matters listed under Item 2 are considered routine in nature and will be enacted by
one motion. Individual discussion of these items is not planned. A member, however, may remove any item to
discuss as an item for separate consideration under New Business.
a.Agenda Approval or Modifications
b.Approve Planning Commission Minutes from September 23, 2024
3.Public Hearings:
a.Telecommunications Facilities Zoning Code Amendment
b.Cannabis Zoning Code Amendment
4.New Business:
a.Planning commission work plan
5.Council Member Report
6.Commissioner Training
7.Staff Comments
8.Commissioner Updates
9.Adjourn
November 13, 2024 – 6:30 pm
Council Chamber
Hybrid Meeting
1
1.CALL TO ORDER AND LAND ACKNOWLEDGEMENT
•Chair Ruby called the meeting to order at 6:30 p.m. and read the Land Acknowledgement
•Regular Members Present:Barnstorff, Brookins, Cohen, Ruby, Segelbaum, Sicotte, Van Oss
•Regular Members Absent:None
•Student Member, Status:Vacant
•Staff Members Present:Darren Groth, Assistant Comm. Dev. Director
Jacquelyn Kramer, Senior Planner
Steven Okey, Associate Planner
•Council Member Present:NONE
2.CONSENT AGENDA:Cohen motioned to approve the consent agenda, as
presented. Van Oss seconded. Commission
voted 5-0 to approve.
3.PUBLIC HEARINGS:NONE
4.NEW BUSINESS:
a.Site Plan Code Amendment
•Kramer introduced the Site Plan Code Amendment for work session. Outlined what was in the
agenda packet for the meeting. Noted that the new process as proposed would be
administrative rather than through the Planning Commission and that appeals would go through
the BZA rather than City Council. She also gave an overview of the process for site plan review.
She then stated what staff would like to get from the Planning Commission and the timeline.
•Segelbaum brought up the issues of projects stalling after approval and asked what can be done
to insure these projects do not drag on. He noted the two-year time limit that is in the proposed
Site Plan Code amendment.
•Groth explained the two-year time limit reasoning, that it is a commonly used timeframe locally
and that it aligns with other project processes.
•Ruby asked a clarifying question as to what constitutes the start of the project and how do we
insure they keep on track with the project.
•Groth explained that it is when real costs are expended for the project.
•Ruby asked about how do we make sure the site is maintained to City standards.
•Groth noted that prior to the start of the approved project they are required to maintain the
parcel to the standards of City code.
•Segelbaum followed up to clarify how do we insure the project is completed in a timely manner.
•Groth explained that once a site plan is submitted and you have submitted the building permits
you are subject to the time limits imposed. For building permits the expiration of building
permits is 180 days with a possibility of an extension for another 180 days. Planning does not
have the tools to make sure the project is moved forwards but we do have the building permit
process and deadlines to rely on.
•Segelbaum then asked could we use the site plan process to hold someone accountable to
project completion, could we require that they submit a new application after a certain time
period.
•Groth noted that with our new permitting system we will have a better way to track progress
and that permits will all be tied together. This will allow us to hold them to a timeline.2
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, September 23, 2024 – 6:30 p.m. | City Hall Council
Chamber 7800 Golden Valley Road Golden Valley, MN
55427
•Cohen brought up the Xenia project and how the project had many stops and starts as an
example of a how we need to have some sort of mechanism to insure timely project progress.
•Ruby asked if what other mechanisms can we use to hold developers to a timeline, not
necessarily within the site plan review process. He asked would we use tax incentives.
•Groth did use TIFs as an example of how to hold developers accountable. He noted that we
could use some sort of contract process and explained how phasing plans could be used as a
mechanism.
•Brookins asked if there were processes such as performance bonds, letters of credit or other
mechanisms we could use.
•Groth noted that used performance requirements for the Sentinel project.
•Sicotte asked about the requirements for utility plans be provided for the site plan review
process.
•Kramer noted that we have other departments reviewing the site plan review applications to
make sure it if okay to move forward.
•Brookins reiterated the importance of knowing how a project will be served by the utilities.
Ruby asked for clarity on why it only applies to nonresidential or additions to single-family
dwellings.
•Barnstorff pointed out that there is a requirement for utility plans.
•Groth explained that there is different process for new single-family builds.
•Brookins noted that there needs to be some clarification of the definitions of the different types
of dwellings.
•Ruby suggested that it may be a good idea to adapt the checklist on they type of project.
•Cohen commented that the changes are clearer and that the ambiguities have been removed.
•Van Oss asked about what mechanisms are there for public input since this is an administrative
review.
•Groth agreed that certain language should be more well defined. He noted that with future
code changes we may institute some form of noticing for the site plan review process.
•Ruby suggested that we remove section D-#1 & #2 at this time to remove any subjectivity.
•Sicotte asked how the process aligns with the Planning Commission.
•Kramer noted that if there were other entitlements necessary would Planning Commission be
brought into the site plan review process.
•Van Oss noted that large projects would still likely be brought before the Commission.
•Groth noted that the site plan process is required for the entitlements that end up being
brought to the Commission.
•Brookins brought up how does the site plan review process tie into zoning code changes.
b.Small Cell Wireless Code Amendment
•Okey presented the Small Cell Wireless Code Amendment. He noted that we currently have a
solid code for Small Cell Wireless installations. He also did a broad overview of what small cell
wireless facilities are and what they accomplish. He noted that our current code does have an
administrative process in place. He noted that there were changes in the Minnesota Statute in
2023 related to location requirements and that our code needs to be updated to be in line with
the requirements. Possible areas of research are how to handle the private versus public lands
and how the shot clock is applied to colocation versus new poles.
•Ruby asked how does this process start?
•Okey explained that an application would be submitted by either one of the large carriers or
perhaps a consultant group on behalf of one of the large carriers.
•Ruby asked about the question of equity and can we insure that there is an equitable
distribution of new facilities.3
•Okey explained that we cannot require they locate in a certain area.
•Ruby asked to clarify that we are not able to.
•Groth explained that we cannot require it but gave an example of private property owners have
approached providers to get them to place facilities on their land.
•Ruby asked if the wireless carriers could make a contract with private landowners to locate their
facilities on their properties. He then asked in that case would they still need to come through
the city.
•Okey confirmed that they would still have to file a permit with the city. Both for private and
public
•Ruby asked if we could dictate design standards.
•Okey stated that we can ask for design standards. And brought up that there is some confusion
regarding what we can require on private property. Can we require screening on private
property? He noted that the FCC rules are very specific for public ROW.
•Cohen brought up some of the health and safety concerns that may be brought up by residents.
•Okey there are allowances provided for anything that is a public health or safety concern. The
FCC does have studies available about the health concerns.
•Cohen asked the question how do we know what areas need the coverage.
•Okey stated this might be a question for one of the carriers.
•Sicotte asked if there are height requirements.
•Okey noted that the height requirements based on effectiveness is a technical question but that
we do have some height restrictions.
•Ruby asked if we have had any applications for these.
•Okey noted that he hasn’t had the time to dig too deeply but that one of the more recent ones
was to be installed on the water tower.
•Ruby brought up the subject of fiber optics and the push for more services.
•Okey noted that this was more of a right of way discussion for engineering and that it is
separate from small cell wireless.
c.Planning Commission Work Plan
•Kramer explained that the work plan is there as a vehicle for questions on the topics as well as
adding new items.
•Groth discussed what has been populated to the calendar for Planning Commission and City
Council.
5.COUNCIL LIAISON REPORT:
•Kramer updated the commissioners on the two recent Council Approvals.
o 5851 Duluth Street PUD Amendment with conditions– Approved Unanimously
o 6930 Olson Memorial Highway Subdivision – Approved with a vote of three to two
•Kramer also touched on the interviews for the youth member for Council. Groth confirmed that
no youth vacancies were filled.
6.STAFF COMMENTS:
•Kramer noted the hiring of Emily Goellner as the new Community Development Director.
7.COMMISSIONER UPDATES:NONE
4
8.ADJOURNMENT:Chair Ruby adjourned the meeting at 7:53 p.m.
Approved by:
Attest By: Commission Secretary
Jacquelyn Kramer, AICP
Senior Planner
5
Date: November 13, 2024
To: Golden Valley Planning Commission
From: Steven Okey, Associate Planner
Jacquelyn Kramer, Senior Planner
Subject: Telecommunications Facilities Zoning Code Text Amendment
MEETING DATES
Planning Commission: November 13, 2024
City Council: December 3, 2024
PROJECT INFORMATION
Applicant: Community Development Department
PROPOSAL
The Community Development Department requests an update to the Telecommunications
Facilities Section 113-154 of the City of Golden Valley Zoning Code to update language
regarding Small and Micro Cell Wireless facilities.
BACKGROUND
Staff reviewed the Telecommunications Facilities zoning code section in response to Minnesota
Statute 237.163 (attached). Our code was previously updated in 2019 to meet FCC Standards
regarding Small Cell Wireless facility deployments. In 2023 Minnesota Statute 237.163 a rule was
added prohibiting municipalities from limiting the placement of small wireless facilities based on
location: “Subd. 3b. Small wireless facility permits; placement . (a) A local government unit may
not require the placement of small wireless facilities on any specific wireless support structure
other than the wireless support structure proposed in the permit application .”
In our Telecommunications Facilities Section 113-154 we define Telecommunications Facility as:
Towers, cables, wires, lines, wave guides, antennas, wireless facilities (including small and micro
wireless facilities)(emphasis staff) and any other telecommunications or wireless equipment or
accessories associated with the transmission or reception of communications or wireless services
located or installed on or near a tower or antenna support structure. In the Telecommunications
6
Facilities code under sections (d) Location of New Facilities and section (k) Additional Standards for
Public Property, we use the term Telecommunication facilities, which as defined includes small
and micro wireless facilities. The preferences/requirements in those sections are in conflict with
the above-mentioned language from the MN State Statute. We are proposing adding “(except
small and micro cell wireless facilities)” immediately following the term “telecommunications
facility” as an exception in keeping with the state statute language.
There will be a corresponding change to Chapter 24 Streets, Sidewalks and Other Public Places,
Article II Right of Way Management in the City Code that will be brought to City Council by
Michael Ryan, City Engineer. The changes are also in response to Minnesota Statute 237.163 and
the prohibition of location requirements as mentioned above. The first reading is on December 3,
2024, with the second reading on December 17, 2024.
PUBLIC NOTIFICATION
No public notification is required for informal public hearing of Zoning Code Text Amendments.
A notice of the formal public hearing will be posted in the local newspaper at least 10 days prior to
the public hearing at City Council. A draft of the zoning code amendment will be posted on the city
website at least 10 days prior to December 3.
ZONING CODE AMENDMENT ELIGIBILITY
Pursuant to Zoning Code Section 113-29(c): The Planning Commission shall hold at least one
informal public hearing on any proposed zoning map or chapter amendment before
recommending any such change or amendment. For zoning map amendments, all property
owners within 500 feet of the subject site shall be notified of the informal public hearing by the
U.S. mail not less than 10 days prior to the date of the informal public hearing. Such notice shall
include the date, time, and place of the hearing and shall identify the subject site .
RECOMMENDATION
Staff recommends amending the text of Section 113‐154: Telecommunication Facilities,
subsection (d) and (k) as identified in the staff report.
ATTACHED EXHIBITS
1.Selected draft language.
2.Minnesota Statute 237.163
3.Ordinance Draft
STAFF CONTACT INFORMATION
Prepared by: Reviewed and edited by:
Steven Okey Jacquelyn Kramer
Associate Planner Senior Planner
sokey@goldenvalleymn.gov Jkramer@goldenvalleymn.gov
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(Supp. No. 7 Upd 1)
Sec. 113-154. Telecommunications Facilities.
(a)Purpose. The purpose of this section is to provide for and regulate the design, location, placement,
construction, maintenance, and removal of telecommunications facilities; to provide safety and emergency
services through the use of telecommunications facilities; to provide broader forms of communication in a
more reliable way; to ensure such telecommunications facilities are unobtrusive in appearance and location
and do not detract from the character of the City's residential neighborhoods and historic architecture; to
provide clear standards governing all aspects of such telecommunications facilities; to encourage co-location
and shared use of telecommunications facilities and support structures; and to allow new
telecommunications towers only when a demonstration of need satisfactory to the City can be shown in
order to protect property values and preserve the image of the City.
(b)Definitions. The following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Antennas: A device placed outdoors and mounted on the rooftop or facade of a building or other support
structure and used to transmit and/or receive radio or electromagnetic waves. The definition of the term
"antennas" does not include satellite dishes six feet in height or shorter, whip antennas one inch or less in
diameter, or television antennas having a total length of six feet or less, which are located on a dwelling or
other permitted building.
Co-locate or Co-location: To place, mount, install, operate, modify or replace a telecommunications facility
on an existing telecommunications tower or wireless support structure that is owned privately or by a local
government unit.
Eligible Facilities Request: A request made by an owner/operator pursuant to 47 USC 1455(a) and 47 CFR
1.40001(c), as the same may be amended, to modify an existing telecommunications facility that does not
result in a substantial change to the physical dimensions of the telecommunications facility.
Micro Wireless Facility: A wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches
high, and whose exterior antenna, if any, is no longer than 11 inches.
Monopole: A freestanding, self-supporting telecommunications tower which uses a single pole, does not use
a lattice design, and has no guy wires.
Satellite Dish or Satellite Antenna: A round, conical or cone-shaped device more than 18 inches in diameter,
placed outdoors on the ground or on a building or structure, and used to transmit and/or receive radio or
electromagnetic waves.
Small Wireless Facility:
(1)A wireless facility that meets both of the following qualifications:
a.Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in
the case of an antenna that has exposed elements, the antenna and all its exposed
elements could fit within an enclosure of no more than six cubic feet; and
b.All other wireless equipment associated with the small wireless facility, excluding electric
meters, concealment elements, telecommunications demarcation boxes, battery backup
power systems, grounding equipment, power transfer switches, cutoff switches, cable,
conduit, vertical cable runs for the connection of power and other services, and any
equipment concealed from public view within or behind an existing structure or
concealment, is in aggregate no more than 28 cubic feet in volume; or
(2)A micro wireless facility.
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Created: 2024-10-02 07:42:07 [EST]
(Supp. No. 7 Upd 1)
Telecommunications Facility: Towers, cables, wires, lines, wave guides, antennas, wireless facilities (including
small and micro wireless facilities) and any other telecommunications or wireless equipment or accessories
associated with the transmission or reception of communications or wireless services located or installed on
or near a tower or antenna support structure.
Telecommunications Tower: A self-supporting monopole, poles, or lattice structure constructed at normal
grade and extending into the air at least 12 feet and used to support telecommunications facilities.
Tower Height: The vertical distance from the average grade at the base of the telecommunications tower to
the highest point of the tower or to the highest point of the highest telecommunications facilities on the
tower whichever is higher.
(c)Demonstration of Need. The applicant shall provide an analysis prepared by a radio or electrical engineer
demonstrating that the proposed location of the antennas is necessary to meet the coverage and capacity
needs of its system and that there is no existing antenna support structure that could adequately serve the
area if antennas were placed on it.
(d)Location of New Facilities. The following preferences, listed in ranked order, shall be followed for a new
telecommunications facility (except small cell wireless facilities),or tower and each preference shall be
analyzed to determine the most appropriate location:
(1)Whenever possible, an existing telecommunications tower, structure or building shall be used to
support the proposed telecommunications facility. If an existing building or structure is used, it shall be
over 35 feet in height. Preference shall be given to existing light poles, high voltage utility towers and
water towers. Public and commercial buildings four or more stories high which can more likely
accommodate telecommunications facilities without obstructing views or being obtrusive to views shall
be given preference over shorter buildings.
(2)Less restrictive (heavier) zoning district shall be given preference over more restrictive zoning districts.
(3)Sites with the least impact on residential areas shall be given preference over sites in or near
residential areas. Where feasible and practical, telecommunications towers shall exceed the setback
requirements by 50 percent when located adjacent to a property zoned residential. Also, where
feasible and practical, antennas on lots zoned R-3 or R-4 shall be located discreetly on building rooftops
or facades rather than on a new monopole.
(4)In all cases, except for nonconforming existing telecommunications towers, the location must meet the
zoning requirements.
(5)Amateur radio towers in the R-1 and R-2 Zoning Districts are not required to co-locate.
(e)Where Allowed. Telecommunications towers and antenna facilities shall be allowed in the City's zoning
districts as specified in this section, provided that all of the requirements of this section are met.
(f)Administrative Review. Notwithstanding the height restrictions of each zoning district, the following uses
shall be permitted in all zoning districts, subject to administrative review and approval by the City Manager
or his/her designee and the design and performance standards set forth in this section:
(1)Antennas 15 feet in length or less when located on an existing building or structure
(2)Satellite dishes meeting the following diameter and height limitations:
Zoning Districts Maximum Diameter Maximum Height
(if located on the ground)
R-1 and R-2 One meter (3.28 feet) 10 feet
R-3 and R-4 One meter (3.28 feet) 10 feet
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Created: 2024-10-02 07:42:07 [EST]
(Supp. No. 7 Upd 1)
Institutional (except I-5 Sub-
District)
Two meters (6.56 feet) 10 feet
Office Two meters (6.56 feet) 10 feet
Commercial Two meters (6.56 feet) 10 feet
Light Industrial Two meters (6.56 feet) 15 feet
Industrial Two meters (6.56 feet) 18 feet
Mixed Use Two meters (6.56 feet) 10 feet
(3)Small wireless facilities not located in the public right-of-way
(4)Small wireless facilities located in the public right-of-way. However, these facilities are regulated under
Chapter 24, Article II, pertaining to right-of-way management
(5)A one-time extension of the height of an existing telecommunications tower by 15 feet or less,
provided that the total height of the telecommunications tower and all antennas does not exceed the
total allowable height pursuant to this section; and
(6)Temporary mobile telecommunications towers may be installed in the R-1 and R-2 Zoning Districts for
emergency purposes only, and in all other zoning districts for testing purposes only, for a period not to
exceed 100 days, subject to the following height limitations:
Zoning Districts Maximum
Height
R-1 and R-2 (emergency only)66 feet
R-3 and R-4 66 feet
Institutional (except I-5 Sub-District) 100 feet
Office 120 feet
Commercial 120 feet
Light Industrial 200 feet
Industrial 200 feet
Mixed Use 120 feet
(g)Administrative Review Process.
(1)Submittal Requirements. In additional to the general requirements, the applicant shall submit the
following information:
a.Complete site plan, survey, scaled schematic drawings, photographic perspectives, building
elevations, antenna elevations showing the structure and placement of the telecommunications
facility, signed by a registered architect, civil engineer, landscape architect, or other appropriate
design professional
b.Scaled drawings showing the size, location, materials and screening of the telecommunications
facility, including the base unit or antenna support structure and all antennas and related
equipment; and
c.An analysis prepared by a radio or electrical engineer demonstrating that the proposed location
of the antennas is necessary to meet the coverage and capacity needs of the applicant's system
and that there is no existing antenna support structure that could adequately serve the area if
antennas were placed on it.
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Created: 2024-10-02 07:42:07 [EST]
(Supp. No. 7 Upd 1)
(2)Appeals. Decisions regarding the administrative review of permitted telecommunications facilities shall
be subject to appeal to the Board of Zoning Appeals pursuant to this section.
(h)Conditional Uses. The following uses may be allowed as conditional uses, subject to the provisions of this
section:
(1)Antennas exceeding 15 feet in length when located on an existing building or structure
(2)Satellite dishes meeting the following diameter and height limitations:
Zoning Districts Maximum Diameter Maximum Height
R-1 and R-2 2 meters (6.56 feet) or less 10 feet or less, if located on the ground
R-3 and R-4 2 meters (6.56 feet) or less 10 feet or less, if located on the ground
Institutional (except I-5
Sub-District)
2 meters (6.56 feet) or less 10 feet or less, if located on the ground
Office 9 meters (29.52 feet) or less 30 feet or less, if located on the ground
Commercial 9 meters (29.52 feet) or less 30 feet or less, if located on the ground
Light Industrial 9 meters (29.52 feet) or less 30 feet or less, if located on the ground
Industrial 9 meters (29.52 feet) or less 30 feet or less, if located on the ground
Mixed Use 9 meters (29.52 feet) or less 30 feet or less, if located on the ground
(3)Telecommunications towers meeting the following height limitations:
Zoning Districts Maximum Height
R-1 and R-2 Prohibited, except for amateur radio towers 45 feet or
less used by a licensed amateur radio operator
residing on site.
R-3 and R-4 75 feet
Institutional (except I-5 Sub-District) 100 feet
Office 120 feet
Commercial 120 feet
Light Industrial 200 feet
Industrial 200 feet
Mixed Use 120 feet
(i)Conditional Use Review Process.
(1)Submittal Requirements. In additional to the general conditional use requirements, the applicant shall
submit the following information:
a.Complete site plan, survey, scaled schematic drawings, photographic perspectives, building
elevations, antenna elevations showing the structure and placement of the telecommunications
facility, signed by a registered architect, civil engineer, landscape architect, or other appropriate
design professional
b.Scaled drawings showing the size, location, materials and screening of the telecommunications
facility, including the base unit or antenna support structure and all antennas and related
equipment; and
c.An analysis prepared by a radio or electrical engineer demonstrating that the proposed location
of the antennas is necessary to meet the coverage and capacity needs of the applicant's system
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Created: 2024-10-02 07:42:07 [EST]
(Supp. No. 7 Upd 1)
and that there is no existing antenna support structure that could adequately serve the area if
antennas were placed on it.
(j)Design and Performance Standards for All Permitted and Conditional Telecommunications Facilities , Towers,
and Antennas. The following design and performance standards are hereby established to meet the
objectives of the City and the purposes of this section:
(1)Telecommunications Towers. If a new telecommunications tower over 60 feet in height is to be
constructed:
a.The telecommunications tower must be designed to accommodate both the applicant's antennas
and antennas for at least one additional comparable user
b.The telecommunications tower must be designed to accept antennas mounted at additional
heights
c.The applicant, the telecommunications tower owner, the landowner, and their successors must
allow the shared use of the telecommunications tower if an additional user agrees in writing to
meet reasonable terms and conditions for shared use; any such agreement shall require that
disputes be submitted to binding arbitration; all interested parties must sign the conditional use
permit agreeing to these requirements.
(2)Placement. New telecommunications towers shall be placed on the site or within the site so as to be
visually as unobtrusive as possible and existing trees and landscaping which can screen the
telecommunications tower shall be preserved. Placement of new telecommunications towers or
telecommunications facilities shall be consistent with the City's Natural Resource Management Plan
and the Stormwater Management Plan to consider wetlands, floodplains, steep slopes, quality of
existing vegetation, and utility, recreational, or other public purposes or uses of the property.
(3)Interference. The placement, design, use, and operation of the telecommunications facilities shall
comply with the Telecommunications Act of 1996 and the rules and regulations of the Federal
Communications Commission.
(4)Setbacks.
a.No telecommunications tower shall be located in the required minimum front, side, or rear yard
building setback of any lot.
b.Exceptions. Use of existing light poles, high voltage poles or towers, and telecommunications
towers are exempt from the setback requirements provided that such pole or
telecommunications tower is not increased in height.
c.Satellite dish. In the Institutional, Business and Industrial Zoning Districts, no satellite dish greater
than two meters (6.56 feet) in diameter shall be located in the minimum required front or side
yard setbacks.
(5)Ground Structures. If the ground structure is a building, the design shall be compatible with the
principal building. If no principal building is on the site, the building must be compatible with nearby
buildings. Structures which are not buildings must be designed to be compatible with the area.
(6)Structural. Telecommunications towers shall be approved by a licensed and qualified professional
structural engineer to conform to the lateral and other structure standards of the most current
uniform building code and to be structurally sound for conditions reasonably likely to occur on or near
the site and be capable of carrying at least four separate antenna arrays if the telecommunications
tower is higher than 130 feet. All other applicable requirements of other Federal, State, and other
regulatory agencies must be met.
(7)Guy Wires. Guy wires are prohibited for new telecommunications towers.
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Created: 2024-10-02 07:42:07 [EST]
(Supp. No. 7 Upd 1)
(8)Security. Reasonable security measures shall be provided. If fencing is used, it must be decorative and
landscaping shall be used to soften its impact.
(9)Lighting. No telecommunications towers or antennas shall be artificially illuminated unless required by
law or the Federal Aviation Administration. This provision does not prevent general exterior lighting of
a building or steeple to meet aesthetic or functional objectives provided such lighting otherwise meets
the provisions of the code.
(10)Signs. No sign shall be located on a telecommunications tower or antenna except to provide necessary
information as required to meet Federal, State, or local laws.
(11)Landscaping and Screening. All telecommunications towers and related building facilities shall be
landscaped and screened with natural vegetation to lessen the visual impact. The natural vegetation on
the site shall be documented on the site plans and drawings submitted to the City Manager or his/her
designee during the review and approval process. Suitable existing vegetation shall be retained to the
extent possible based on an analysis of the site. New landscaping shall be shown on a landscape plan,
which will be reviewed as part of the conditional use permit application.
(12)Color. The finished color for the telecommunications tower shall be natural for the environment and
setting and shall be permanent (e.g., anodized, baked enamel).
(13)Access. Adequate access to the telecommunications facility must be provided from a public right-of-
way to the telecommunications facility consistent with the type of facility constructed.
(14)Parking. No off-street parking is required for telecommunications towers or antennas. However, if off-
street parking is provided, it shall have a suitable base and be landscaped along the outside perimeter.
(15)Antenna Locations and Mounting. The location and mounting of antennas on buildings and structures
shall be done in accordance with the following:
a.If mounted at the top of a telecommunications tower so that any portion of the antenna extends
above the top of the tower, such extension is included in determining the height of the tower.
b.If mounted on a public water tower, light pole, high voltage utility pole, steeple or similar
structure, preference shall be given to placing the antennas on the side or on the support portion
of the structure instead of on top of the facility.
c.If mounted on a building, preference shall be given to placing the antenna on the side of the
building mounted flush with the building and colored to match the background instead of a
location on top of the building. However, any antenna mounted on the side of a building shall not
extend above the roofline. (Satellite dishes may be more appropriately located on the roof and
screened from view.)
d.If mounted on the top of a building, preference shall be given to placing the antennas in the
center portion of the building. In no event shall a rooftop antenna be located closer than 10 feet
from all outside edges/perimeter of the building.
e.Antennas located on the side or top of a building or structure shall be designed, colored, and
maintained to blend in with the color and architecture of the building or structure.
(k)Additional Standards for Public Property. The City recognizes that in certain locations and in certain
circumstances it is appropriate public policy and in the best interest of the community to allow using some
public land and structures for telecommunications facilities (except small cell wireless facilities) because it
may provide efficient use of resources and may reduce clutter by using existing facilities. Accordingly, the
City supports consideration of the following when applications meet all other provisions of this section:
(1)Encouraging and allowing the City's high voltage electric utility towers, some of which are in public
rights-of-way, to be used as telecommunications towers in accordance with Minn. Stats. ch. 237.
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(2)Encouraging and allowing existing City light and utility poles within the public right-of-way to be used
as telecommunications towers in accordance with State law and subject to approval by the City
Manager or his/her designee based on requirements set forth in Chapter 24, Article II, pertaining to
right-of-way management.
(3)Encouraging and allowing the use of the tower located on MnDOT property at the northwest quadrant
of Trunk Highway 100 and Duluth Street.
(4)Allowing public land and structures to be used for telecommunications facilities, but not in
neighborhood parks as defined by the Comprehensive Plan. On school sites, telecommunications
towers shall not exceed 100 feet.
(l)Nonconforming Facilities. Legal nonconforming telecommunications facilities may be structurally altered to
carry additional antenna arrays, provided that:
(1)The overall height of the telecommunications facility is not increased.
(2)The location of the telecommunications tower and the proposed change is not adverse to the use and
enjoyment of the adjacent property.
(3)The proposed change and plan meets the design and performance standards set forth in this section to
the extent reasonably possible.
(4)A review is made by the City allowing the change and subject to plans and conditions agreeable to the
City and applicant.
(m)Inspection. The City may inspect telecommunications towers, antenna support facilities, and the property on
which such facilities are located to determine compliance with the City Code, City ordinances, regulations,
and conditions of approval. The City may require repair or modification of the facility, site maintenance, or
removal of the facility based on the results of the inspection.
(n)Maintenance. Telecommunications towers and antennas and the site upon which they are located must be
maintained in accordance with the following provisions:
(1)Telecommunications tower owners must employ ordinary and reasonable care in construction and use
commonly accepted methods and devices for preventing failures and accidents that are likely to cause
damage, injuries, or nuisances to the public.
(2)Telecommunications tower owners must install and maintain telecommunications towers,
telecommunications facilities, fixtures, and other equipment in compliance with the requirements of
the National Electric Safety Code and all Federal Communications Commission, State and local
regulations, and in such a manner that they will not interfere with the use of other property.
(3)Telecommunications towers, telecommunications facilities, antenna support structures, and
landscaped areas must be kept and maintained in good condition, order, and repair.
(4)Maintenance or construction on telecommunications facilities, telecommunications towers, or antenna
support structure must be performed by qualified maintenance and construction personnel.
(5)Telecommunications towers and antennas must comply with radio frequency emissions standards of
the Federal Communications Commission.
(6)If the use of a telecommunications tower is discontinued by the tower owner or lessee, the tower
owner or lessee must provide written notice to the City of its intent to discontinue use and the date
when the use will be discontinued.
(o)Removal. Any Telecommunications Tower or Antenna which is not used for 12 months shall be removed
along with any associated above -ground facilities within 90 days of said 12 months unless an extension is
approved by the City Council prior to the expiration of said 90 days. Failure to remove a telecommunications
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tower or antenna as provided by this subsection shall be deemed a nuisance and the City may act to abate
such nuisance and require removal at the property owner's expense.
(p)Eligible Facilities Request. Notwithstanding the foregoing, nothing in this section shall be read to allow the
City to prohibit or deny an eligible facilities request.
(Code 1988, § 11.71; Ord. No. 271, 2nd Series, 11-15-2002; Ord. No. 654, § 1, 1-2-2019)
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237.163 USE AND REGULATION OF PUBLIC RIGHT-OF-WAY.
Subdivision 1.Legislative finding.The legislature finds, and establishes the principle that, it is in the
state's interest that the use and regulation of public rights-of-way be carried on in a fair, efficient, competitively
neutral, and substantially uniform manner, while recognizing such regulation must reflect the distinct
engineering, construction, operation, maintenance and public and worker safety requirements, and standards
applicable to various users of public rights-of-way. Because of the potential for installation by
telecommunication companies of multiple and competing facilities within the public rights-of-way, the
legislature finds it is necessary to enact the provisions of this section and section 237.162 to specifically
authorize local government units to regulate the use of public rights-of-way by telecommunications
right-of-way users.
Subd. 2.Generally.(a) Subject to this section, a telecommunications right-of-way user authorized to
do business under the laws of this state or by license of the Federal Communications Commission may
construct, maintain, and operate small wireless facilities, conduit, cable, switches, and related appurtenances
and facilities along, across, upon, above, and under any public right-of-way.
(b) Subject to this section, a local government unit has the authority to manage its public rights-of-way
and to recover its rights-of-way management costs. Except as provided in subdivisions 3a, 3b, and 3c, the
authority defined in this section may be exercised at the option of the local government unit and is not
mandated under this section. A local government unit may, by ordinance:
(1)require a telecommunications right-of-way user seeking to excavate or obstruct a public right-of-way
for the purpose of providing telecommunications services to obtain a right-of-way permit to do so and to
impose permit conditions consistent with the local government unit's management of the right-of-way;
(2) require a telecommunications right-of-way user using, occupying, or seeking to use or occupy a
public right-of-way for the purpose of providing telecommunications services to register with the local
government unit by providing the local government unit with the following information:
(i) the applicant's name, gopher state one-call registration number under section 216D.03, address, and
telephone and facsimile numbers;
(ii) the name, address, and telephone and facsimile numbers of the applicant's local representative;
(iii) proof of adequate insurance; and
(iv) other information deemed reasonably necessary by the local government unit for the efficient
administration of the public right-of-way; and
(3) require telecommunications right-of-way users to submit to the local government unit plans for
construction and major maintenance that provide reasonable notice to the local government unit of projects
that the telecommunications right-of-way user expects to undertake that may require excavation and
obstruction of public rights-of-way.
(c) A local government unit may also require a telecommunications right-of-way user that is registered
with the local government unit pursuant to paragraph (b), clause (2), to periodically update the information
in its registration application.
(d) Notwithstanding sections 394.34 and 462.355, or any other law, a local government unit must not
establish a moratorium with respect to:
(1) filing, receiving, or processing applications for right-of-way or small wireless facility permits; or
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(2) issuing or approving right-of-way or small wireless facility permits.
(e) A telecommunications right-of-way user may place a new wireless support structure or collocate
small wireless facilities on wireless support structures located within a public right-of-way, subject to the
approval procedures under this section and, for collocation on wireless support structures owned by a local
government unit, the reasonable terms, conditions, and rates set forth under this section. A local government
unit may prohibit, regulate, or charge a fee to install wireless support structures or to collocate small wireless
facilities only as provided in this section.
(f) The placement of small wireless facilities and wireless support structures to accommodate small
wireless facilities are a permitted use in a public right-of-way, except that a local government unit may
require a person to obtain a special or conditional land use permit to install a new wireless support structure
for the siting of a small wireless facility in a right-of-way in a district or area zoned for single-family
residential use or within a historic district established by federal or state law or city ordinance as of the date
of application for a small wireless facility permit. This paragraph does not apply to areas outside a public
right-of-way that are zoned and used exclusively for single-family residential use.
Subd. 3.Restoration.(a) A telecommunications right-of-way user, after an excavation of a public
right-of-way, shall provide for restoration of the right-of-way and surrounding areas, including the pavement
and its foundation, in the same condition that existed before the excavation. Local government units that
choose to perform their own surface restoration required as a result of the excavation may require
telecommunications right-of-way users to reimburse the reasonable costs of that surface restoration.
Restoration of the public right-of-way must be completed within the dates specified in the right-of-way
permit, unless the permittee obtains a waiver or a new or amended right-of-way permit.
(b) If a telecommunications right-of-way user elects not to restore the public right-of-way, a local
government unit may impose a degradation fee in lieu of restoration to recover costs associated with a
decrease in the useful life of the public right-of-way caused by the excavation of the right-of-way by a
telecommunications right-of-way user.
(c)A telecommunications right-of-way user that disturbs uncultivated sod in the excavation or obstruction
of a public right-of-way shall plant grasses that are native to Minnesota and, wherever practicable, that are
of the local eco-type, as part of the restoration required under this subdivision, unless the owner of the real
property over which the public right-of-way traverses objects. In restoring the right-of-way, the
telecommunications right-of-way user shall consult with the Department of Natural Resources regarding
the species of native grasses that conform to the requirements of this paragraph.
Subd. 3a.Small wireless facility permits; general.(a) A local government unit:
(1) may require a telecommunications right-of-way user to obtain a permit or permits under this section
to place a new wireless support structure or collocate a small wireless facility in a public right-of-way
managed by the local government unit;
(2) must not require an applicant for a small wireless facility permit to provide any information that:
(i) has previously been provided to the local government unit by the applicant in an application for a
small wireless permit, which specific reference shall be provided to the local government unit by the applicant;
and
(ii) is not reasonably necessary to review a permit application for compliance with generally applicable
and reasonable health, safety, and welfare regulations, and to demonstrate compliance with applicable Federal
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Communications Commission regulations governing radio frequency exposure, or other information required
by this section;
(3)must ensure that any application for a small wireless facility permit is processed on a nondiscriminatory
basis; and
(4) must specify that the term of a small wireless facility permit is equal to the length of time that the
small wireless facility is in use, unless the permit is revoked under this section.
(b)An applicant may file a consolidated permit application to collocate up to 15 small wireless facilities,
or a greater number if agreed to by a local government unit, provided that all the small wireless facilities in
the application:
(1) are located within a two-mile radius;
(2) consist of substantially similar equipment; and
(3) are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, a local government unit may approve a permit
for some small wireless facilities and deny a permit for others, but may not use denial of one or more permits
as a basis to deny all the small wireless facilities in the application.
(c) If a local government unit receives applications within a single seven-day period from one or more
applicants seeking approval of permits for more than 30 small wireless facilities, the local government unit
may extend the 90-day deadline imposed in subdivision 3c by an additional 30 days. If a local government
unit elects to invoke this extension, it must inform in writing any applicant to whom the extension will be
applied.
(d) A local government unit is prohibited from requiring a person to pay a small wireless facility permit
fee, obtain a small wireless facility permit, or enter into a small wireless facility collocation agreement solely
in order to conduct any of the following activities:
(1) routine maintenance of a small wireless facility;
(2) replacement of a small wireless facility with a new facility that is substantially similar or smaller in
size, weight, height, and wind or structural loading than the small wireless facility being replaced; or
(3) installation, placement, maintenance, operation, or replacement of micro wireless facilities that are
suspended on cables strung between existing utility poles in compliance with national safety codes.
A local government unit may require advance notification of these activities if the work will obstruct a public
right-of-way.
(e) Nothing in this subdivision affects the need for an entity seeking to place a small wireless facility
on a wireless support structure that is not owned by a local government unit to obtain from the owner of the
wireless support structure any necessary authority to place the small wireless facility, nor shall any provision
of this chapter be deemed to affect the rates, terms, and conditions for access to or placement of a small
wireless facility or a wireless support structure not owned by a local government unit. This subdivision does
not affect any existing agreement between a local government unit and an entity concerning the placement
of small wireless facilities on local government unit-owned wireless support structures.
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(f) No later than six months after May 31, 2017, or three months after receiving a small wireless facility
permit application from a wireless service provider, a local government unit that has elected to set forth
terms and conditions of collocation in a standard small wireless facility collocation agreement shall develop
and make available an agreement that complies with the requirements of this section and section 237.162.
A standard small wireless facility collocation agreement shall be substantially complete. Notwithstanding
any law to the contrary, the parties to a small wireless facility collocation agreement may incorporate
additional terms and conditions mutually agreed upon into a small wireless facility collocation agreement.
A small wireless facility collocation agreement between a local government unit and a wireless service
provider is considered public data not on individuals and is accessible to the public under section 13.03.
(g)An approval of a small wireless facility permit under this section authorizes the installation, placement,
maintenance, or operation of a small wireless facility to provide wireless service and shall not be construed
to confer authorization to (1) provide any service other than a wireless service, or (2) install, place, maintain,
or operate a wireline backhaul facility in the right-of-way.
(h) The terms and conditions of collocation under this subdivision:
(1) may be set forth in a small wireless facility collocation agreement, if a local government unit elects
to utilize such an agreement;
(2) must be nondiscriminatory, competitively neutral, and commercially reasonable; and
(3) must comply with this section and section 237.162.
Subd. 3b.Small wireless facility permits; placement.(a) A local government unit may not require the
placement of small wireless facilities on any specific wireless support structure other than the wireless
support structure proposed in the permit application.
(b) A local government unit must not limit the placement of small wireless facilities, either by minimum
separation distances between small wireless facilities or maximum height limitations, except that each
wireless support structure installed in the right-of-way after May 31, 2017, shall not exceed 50 feet above
ground level, unless the local government unit agrees to a greater height, subject to local zoning regulations,
and may be subject to separation requirements in relation to other wireless support structures.
(c)Notwithstanding paragraph (b), a wireless support structure that replaces an existing wireless support
structure that is higher than 50 feet above ground level may be placed at the height of the existing wireless
support structure, unless the local government unit agrees to a greater height, subject to local zoning
regulations.
(d) Wireless facilities constructed in the right-of-way after May 31, 2017, may not extend more than
ten feet above an existing wireless support structure in place as of May 31, 2017.
Subd. 3c.Small wireless facility permits; approval.(a) Except as provided in subdivision 4, a local
government unit shall issue a small wireless facility permit to a telecommunications right-of-way user seeking
to install a new or replacement wireless support structure for a small wireless facility, or to collocate a small
wireless facility on a wireless support structure in a public right-of-way. In processing and approving a small
wireless facility permit, a local government unit may condition its approval on compliance with:
(1) generally applicable and reasonable health, safety, and welfare regulations consistent with the local
government unit's public right-of-way management;
(2) reasonable accommodations for decorative wireless support structures or signs; and
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(3) any reasonable restocking, replacement, or relocation requirements when a new wireless support
structure is placed in a public right-of-way.
(b) A local government unit has 90 days after the date a small wireless facility permit application is filed
to issue or deny the permit, or the permit is automatically issued. To toll the 90-day clock, the local government
unit must provide a written notice of incompleteness to the applicant within 30 days of receipt of the
application, clearly and specifically delineating all missing documents or information. Information delineated
in the notice is limited to documents or information publicly required as of the date of application and
reasonably related to a local government unit's determination whether the proposed equipment falls within
the definition of a small wireless facility and whether the proposed deployment satisfies all health, safety,
and welfare regulations applicable to the small wireless facility permit request. Upon an applicant's submittal
of additional documents or information in response to a notice of incompleteness, the local government unit
has ten days to notify the applicant in writing of any information requested in the initial notice of
incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify
documents or information that were not delineated in the original notice of incompleteness. Requests for
information not requested in the initial notice of incompleteness do not toll the 90-day clock. Parties can
mutually agree in writing to toll the 90-day clock at any time. Section 15.99 does not apply to this paragraph
or paragraph (c).
For the purposes of this subdivision, "toll the 90-day clock" means to halt the progression of days that count
towards the 90-day deadline.
(c)Except as provided in subdivision 3a, paragraph (c), a small wireless facility permit and any associated
encroachment or building permit required by a local government unit, are deemed approved if the local
government unit fails to approve or deny the application within 90 days after the permit application has been
filed, unless the applicant and the local government unit have mutually agreed in writing to extend the 90-day
deadline.
(d) Nothing in this subdivision precludes a local government unit from applying generally applicable
and reasonable health, safety, and welfare regulations when evaluating and deciding to approve or deny a
small wireless facility permit.
Subd. 4.Permit denial or revocation.(a) A local government unit may deny any application for a
right-of-way or small wireless facility permit if the telecommunications right-of-way user does not comply
with a provision of this section.
(b) A local government unit may deny an application for a right-of-way permit if the local government
unit determines that the denial is necessary to protect the health, safety, and welfare or when necessary to
protect the public right-of-way and its current use.
(c) A local government unit may revoke a right-of-way or small wireless facility permit granted to a
telecommunications right-of-way user, with or without fee refund, in the event of a substantial breach of
the terms and conditions of statute, ordinance, rule, or regulation or any material condition of the permit. A
substantial breach by a permittee includes, but is not limited to, the following:
(1) a material violation of a provision of the right-of-way or small wireless facility permit;
(2) an evasion or attempt to evade any material provision of the right-of-way or small wireless facility
permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the local government unit or its
citizens;
(3) a material misrepresentation of fact in the right-of-way or small wireless facility permit application;
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(4) a failure to complete work in a timely manner, unless a permit extension is obtained or unless the
failure to complete work is due to reasons beyond the permittee's control; and
(5)a failure to correct, in a timely manner, work that does not conform to applicable standards, conditions,
or codes, upon inspection and notification by the local government unit of the faulty condition.
(d) Subject to this subdivision, a local government unit may not deny an application for a right-of-way
or small wireless facility permit for failure to include a project in a plan submitted to the local government
unit under subdivision 2, paragraph (b), clause (3), when the telecommunications right-of-way user has used
commercially reasonable efforts to anticipate and plan for the project.
(e) In no event may a local government unit unreasonably withhold approval of an application for a
right-of-way or small wireless facility permit, or unreasonably revoke a permit.
(f) Any denial or revocation of a right-of-way or small wireless facility permit must be made in writing
and must document the basis for the denial. The local government unit must notify the telecommunications
right-of-way user in writing within three business days of the decision to deny or revoke a permit. If a permit
application is denied, the telecommunications right-of-way user may cure the deficiencies identified by the
local government unit and resubmit its application. If the telecommunications right-of-way user resubmits
the application within 30 days of receiving written notice of the denial, it may not be charged an additional
filing or processing fee. The local government unit must approve or deny the revised application within 30
days after the revised application is submitted.
Subd. 5.Appeal.A telecommunications right-of-way user that: (1) has been denied registration; (2) has
been denied a right-of-way permit; (3) has had its right-of-way permit revoked; or (4) believes that the fees
imposed on the user by the local government unit do not conform to the requirements of subdivision 6, may
have the denial, revocation, or fee imposition reviewed, upon written request, by the governing body of the
local government unit. The governing body of the local government unit shall act on a timely written request
at its next regularly scheduled meeting. A decision by the governing body affirming the denial, revocation,
or fee imposition must be in writing and supported by written findings establishing the reasonableness of
the decision.
Subd. 6.Fees.(a) A local government unit may recover its right-of-way management costs by imposing
a fee for registration, a fee for each right-of-way or small wireless facility permit, or, when appropriate, a
fee applicable to a particular telecommunications right-of-way user when that user causes the local government
unit to incur costs as a result of actions or inactions of that user. A local government unit may not recover
costs from a telecommunications right-of-way user or an owner of a cable communications system awarded
a franchise under chapter 238 caused by another entity's activity in the right-of-way.
(b) Fees, or other right-of-way obligations, imposed by a local government unit on telecommunications
right-of-way users under this section must be:
(1) based on the actual costs incurred by the local government unit in managing the public right-of-way;
(2) based on an allocation among all users of the public right-of-way, including the local government
unit itself, which shall reflect the proportionate costs imposed on the local government unit by each of the
various types of uses of the public rights-of-way;
(3) imposed on a competitively neutral basis; and
(4) imposed in a manner so that aboveground uses of public rights-of-way do not bear costs incurred
by the local government unit to regulate underground uses of public rights-of-way.
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(c) The rights, duties, and obligations regarding the use of the public right-of-way imposed under this
section must be applied to all users of the public right-of-way, including the local government unit while
recognizing regulation must reflect the distinct engineering, construction, operation, maintenance and public
and worker safety requirements, and standards applicable to various users of the public rights-of-way. For
users subject to the franchising authority of a local government unit, to the extent those rights, duties, and
obligations are addressed in the terms of an applicable franchise agreement, the terms of the franchise shall
prevail over any conflicting provision in an ordinance.
(d) A wireless service provider may collocate small wireless facilities on wireless support structures
owned or controlled by a local government unit and located within the public roads or rights-of-way without
being required to apply for or enter into any individual license, franchise, or other agreement with the local
government unit or any other entity, other than a standard small wireless facility collocation agreement under
subdivision 3a, paragraph (f), if the local unit of government elects to utilize such an agreement.
(e) Any initial engineering survey and preparatory construction work associated with collocation must
be paid by the cost causer in the form of a onetime, nonrecurring, commercially reasonable, nondiscriminatory,
and competitively neutral charge to recover the costs associated with a proposed attachment.
(f) Total application fees for a small wireless facility permit must comply with this subdivision with
respect to costs related to the permit.
(g)A local government unit may elect to charge each small wireless facility attached to a wireless support
structure owned by the local government unit a fee, in addition to other fees or charges allowed under this
subdivision, consisting of:
(1) up to $150 per year for rent to occupy space on a wireless support structure;
(2)up to $25 per year for maintenance associated with the space occupied on a wireless support structure;
and
(3) a monthly fee for electricity used to operate a small wireless facility, if not purchased directly from
a utility, at the rate of:
(i) $73 per radio node less than or equal to 100 max watts;
(ii) $182 per radio node over 100 max watts; or
(iii) the actual costs of electricity, if the actual costs exceed the amount in item (i) or (ii).
Subd. 7.Additional right-of-way provisions.(a) In managing the public rights-of-way and in imposing
fees under this section, no local government unit may:
(1) unlawfully discriminate among telecommunications right-of-way users;
(2) grant a preference to any telecommunications right-of-way user;
(3) create or erect any unreasonable requirement for entry to the public rights-of-way by
telecommunications right-of-way users; or
(4) require a telecommunications right-of-way user to obtain a franchise or pay for the use of the
right-of-way.
(b) A telecommunications right-of-way user need not apply for or obtain right-of-way permits for
facilities that are located in public rights-of-way on May 10, 1997, for which the user has obtained the
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required consent of the local government unit, or that are otherwise lawfully occupying the public right-of-way.
However, the telecommunications right-of-way user may be required to register and to obtain a right-of-way
permit for an excavation or obstruction of existing facilities within the public right-of-way after May 10,
1997.
(c) Data and documents exchanged between a local government unit and a telecommunications
right-of-way user are subject to the terms of chapter 13. A local government unit not complying with this
paragraph is subject to the penalties set forth in section 13.08.
(d) A local government unit may not collect a fee imposed under this section through the provision of
in-kind services by a telecommunications right-of-way user, nor may a local government unit require the
provision of in-kind services as a condition of consent to use the local government unit's public right-of-way
or to obtain a small wireless facility permit.
(e) Except as provided in this chapter or required by federal law, a local government unit shall not adopt
or enforce any regulation on the placement or operation of communications facilities in the right-of-way
where the entity is already authorized to operate in the right-of-way, and shall not regulate or impose or
collect fees on communications services except to the extent specifically provided for in the existing
authorization, and unless expressly required by state or federal statute.
Subd. 8.Uniform statewide standards.(a) To ensure the safe and convenient use of public rights-of-way
in the state, the Public Utilities Commission shall develop and adopt by June 1, 1999, statewide construction
standards for the purposes of achieving substantial statewide uniformity in construction standards where
appropriate, providing competitive neutrality among telecommunications right-of-way users, and permitting
efficient use of technology. The standards shall govern:
(1) the terms and conditions of right-of-way construction, excavation, maintenance, and repair; and
(2) the terms and conditions under which telecommunications facilities and equipment are placed in the
public right-of-way.
(b) The Public Utilities Commission is authorized to review, upon complaint by an aggrieved
telecommunications right-of-way user, a decision or regulation by a local government unit that is alleged
to violate a statewide standard.
(c) A local unit of government may not adopt an ordinance or other regulation that conflicts with a
standard adopted by the commission for the purposes described in paragraph (a).
Subd. 9.Authorized contractors.(a) Nothing in this section precludes a telecommunications right-of-way
user from authorizing another entity or individual to act on its behalf to install, construct, maintain, or repair
a facility or facilities owned or controlled by the telecommunications right-of-way user.
(b) A local government unit is prohibited from imposing fees or requirements on an authorized entity
or individual for actions on behalf of a telecommunications right-of-way user that are in addition to or
different from the fees and requirements it is authorized to impose on the telecommunications right-of-way
user under this section.
Subd. 10.Exemptions.(a) Notwithstanding any other provision in this chapter, this section does not
apply to a wireless support structure owned, operated, maintained, or served by a municipal electric utility.
(b) Subdivisions 3a, 3b, 3c, and subdivision 6, paragraphs (d) through (g), and subdivision 7, paragraph
(e), do not apply to the collocation or regulation of small wireless facilities issued a permit by a local
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government unit before May 31, 2017, under an ordinance enacted before May 18, 2017, that regulates the
collocation of small wireless facilities.
History: 1997 c 123 s 4; 1998 c 345 s 4; 2017 c 94 art 9 s 12-20
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ORDINANCE NO. ###
AN ORDINANCE AMENDING THE CITY CODE
Amending Chapter 113 - Zoning in Order to Update the Regulations for Telecommunications
Facilities
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 113-154.(d) is amended to read as follows:
Location of New Facilities. The following preferences, listed in ranked order, shall be
followed for a new telecommunications facility (except small and micro cell wireless
facilities), or tower and each preference shall be analyzed to determine the most
appropriate location:
Section 2. City Code Section 113-154.(k) is amended to read as follows:
Additional Standards for Public Property. The City recognizes that in certain locations
and in certain circumstances it is appropriate public policy and in the best interest of
the community to allow using some public land and structures for telecommunications
facilities (except small and micro cell wireless facilities) because it may provide
efficient use of resources and may reduce clutter by using existing facilities.
Accordingly, the City supports consideration of the following when applications meet
all other provisions of this section:
Section 3. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 3rd day of December, 2024.
_____________________
Roslyn Harmon, Mayor
ATTEST:
________________________
Theresa J. Schyma, City Clerk
25
Date: November 13, 2024
To: Golden Valley Planning Commission
From: Jacquelyn Kramer, Senior Planner
Subject: Cannabis Zoning Code Amendment
MEETING DATES
City Council work session 1: October 10, 2023
City Council work session 2: October 8, 2024
Planning Commission – informal public hearing: November 13, 2024
City Council – formal public hearing and action: December 3, 2024
APPLICANT
Community Development Department
BACKGROUND
During the 2023 legislative session, the Minnesota legislature passed a law legalizing adult use
cannabis in Minnesota. The law legalizes and decriminalizes the possession, use,
manufacturing, and sale of certain cannabis products within the state. The law created the
Office of Cannabis Management (the "OCM" to regulate the full range of cannabis activities in
Minnesota, including the adult use cannabis market, the state’ s medical cannabis program, and
the lower-potency hemp edibles market.
Under this regulatory framework, the City' s regulatory authority and responsibilities are
limited. Local governments may not issue outright bans on cannabis business, or limit
operations in a manner beyond what is provided by state law. Minnesota’s cannabis law gives
cities the authority to adopt zoning ordinances relating to the operation of state-licensed
cannabis businesses and lower-potency hemp edible retail businesses. Each locality may
conduct its zoning differently.
On October 10, 2023, the City Council discussed this topic and directed staff to draft a Cannabis
Registration Ordinance and monitor developments in cannabis legislation on the state level. On
October 8, 2024, City Council discussed retail sales registration and potential changes to Section
113 Zoning to comply with state statute. During these meetings, City Council expressed a desire
to limit regulations on cannabis businesses and adopt a permissive cannabis zoning ordinance.
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CANNABIS ZONING CODE AMENDMENT
Planning staff drafted a zoning ordinance amendment based on state statutes and guidance
from the OCM.
The land use definition section will contain new cannabis uses:
•Cannabinoid
•Cannabis Cultivation
•Cannabis Manufacturing
•Cannabis Retail Businesses
•Cannabis Retailer
Some existing land uses have been revised for consisten cy and to incorporate cannabis businesses
into their definitions.
The land use summary table is revised to permit cannabis uses in the same zoning districts that
corresponding non-cannabis businesses are currently permitted.
•Cannabis retail businesses would be allowed in zoning districts that currently allow retail as
a permitted use.
•Indoor Cannabis Cultivation would be allowed in Commercial Greenhouses in the Light
Industrial and Industrial zoning districts. Outdoor Cannabis Cultivation would not be
permitted.
•Cannabis manufacturing would be allowed in industrial zoning districts in the same manner
that other manufacturing and processing uses are allowed in industrial districts.
•Cannabis Retail Businesses that have on-site consumption are permitted in the same
manner as brewery taprooms and microdistillery cocktail rooms.
Generally, cannabis uses will be permitted or permitted with conditions in the same manner as
the corresponding non-cannabis uses. The exception is the Cannabis Cultivation use, which will be
permitted in the Commercial, Light Industrial, and Industrial zoning districts with a condition
requiring a 200-foot buffer from youth-oriented activities.
Small revisions are proposed in various district subsections to standardize language used
throughout the code and to permit cannabis land uses in the same manner as the corresponding
non-cannabis land uses.
PUBLIC NOTIFICATION
No public notification is required for informal public hearing of Zoning Code Text Amendments.
A notice of the formal public hearing will be posted in the local newspaper at least 10 days prior to
the public hearing at City Council. A draft of the zoning code amendment will be posted on the city
website at least 10 days prior to December 3.
RECOMMENDATION
Staff recommends approval of the zoning code amendment.
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NEXT STEPS
Council will take action on the zoning code amendment on December 3, 2024. Council will also
hold the first reading of the Retail Sales Registration Ordinance on December 3, and the
second reading will be held on December 17, 2024. According to the OCM, cities can expect
retail sales of cannabis products to begin in first quarter 2025.
ATTACHED EXHIBIT
Draft Zoning Ordinance
STAFF CONTACT INFORMATION
Jacquelyn Kramer, Senior Planner
Jkramer@goldenvalleymn.gov
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ORDINANCE NO. ###
AN ORDINANCE AMENDING THE CITY CODE
Amending Chapter 113 - Zoning in Order to Allow the Cultivation, Processing, and Sale of
Cannabis
Whereas, Minnesota Statutes, chapter 342, authorizes the City of Golden Valley to
protect the public health, safety, welfare of Golden Valley residents by regulating cannabis
businesses within the legal boundaries of the city.
Whereas, The City Council for the City of Golden Valley finds and concludes that the
proposed provisions are appropriate and lawful land use regulations for the City of Golden
Valley, that the proposed amendments will promote the community's interest in reasonable
stability in zoning for now and in the future, and that the proposed provisions are in the public
interest and for the public good.
Therefore, The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 113-1 is amended to read as follows. “***” denotes
section breaks.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
***
Cannabinoid: any of the chemical constituents of hemp plants or cannabis plants that are
naturally occurring, biologically active, and act on the cannabinoid receptors of the brain.
Cannabinoid includes but is not limited to tetrahydrocannabinol (THC), low-potency THC,
lower-potency hemp, and cannabidiol.
Cannabis Cultivation: A cannabis business licensed to grow cannabis plants within the
approved amount of space from seed or immature plant to mature plant. harvest
cannabis flower from mature plant, package and label immature plants and seedlings
and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a
cannabis manufacturer located on the same premises, and perform other actions
approved by the office.
Cannabis Manufacturing: Includes activities related to the manufacturing, processing,
and extraction of raw, dried cannabis and cannabis parts into other types of cannabis
products, e.g. edibles or topicals.
Cannabis Retail Businesses: A retail location and the retail location(s) of a
mezzobusinesses with a retail operations endorsement, microbusinesses with a retail
operations endorsement, or medical combination businesses operating a retail location.
Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or
domestic, selling cannabis or medical cannabis product(s) to a consumer and not for the
purpose of resale in any form.
***
Greenhouse, Accessory: An accessory structure typically made of glass or similarly
transparent or translucent structure used for the cultivation and protection of plants which
cannot be grown outside during all seasons.
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Greenhouse, Commercial: A fully enclosed permanent structure, often clad in
transparent material, with climate control, such as heating and ventilation capabilities and
supplemental artificial lighting, and that uses a combination of natural and supplemental
lighting for cultivation, including cannabis or medical cannabis cultivation.
***
Lower-potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50.
***
Outdoor Service Area: A defined space intended to provide outdoor seating/dining at a
bar or restaurant or to allow for retail sales or services to be performed outside of a
principal structure on a temporary basis. Outdoor service areas are not allowed in
association with home occupations.
Nursing Home: A building having accommodations where inpatient care is provided for
five or more infirm, convalescent, or physically disabled persons who are not members of
the same family; but not including hospitals, clinics, or similar institutions.
Office of Cannabis Management: Minnesota Office of Cannabis Management, referred to
as “OCM” herein.
Open Sales Lots: Any lot used or occupied for the purpose of buying, selling, or storing
(prior to sale) automobiles, motor scooters, motorcycles, boats, trailers, aircraft, or
monuments.
Outdoor Service Area: A defined space intended to provide outdoor seating/dining at a
bar or restaurant or to allow for retail sales or services to be performed outside of a
principal structure on a temporary basis. Outdoor service areas are not allowed in
association with home occupations.
***
Retail Sales: Any sale, lease, or rental of tangible personal property (goods) or services
for any purpose other than resale, sublease, or subrent, and includes Cannabis
Retailers.
***
THC Products: Any product that contains more than trace amounts of
tetrahydrocannabinol and that meets the requirements to be sold for human or animal
consumption under Minn. Stats., § 151.72, as may be amended from time to time.
Licensed product does not include medical cannabis as defined in Minn. Stats., § 152.22,
subd. 6, as may be amended from time to time.
***
Truck/Van Terminal: A building, the principal use of which is as a relay station for the
transfer of a load from one commercial hauling vehicle to another, or for the dispatching
of service, delivery, or messenger vehicles. The terminal facility may include
office/employee areas, or storage/repair areas for vehicles associated with the terminal.
This definition includes Cannabis Transporters.
Section 2. City Code Section 113-87 is amended to read as follows. “***” denotes
section breaks.
Table 87-1 Residential Land Uses
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Land Use Description R-1 R-2 R-3 R-4
Low to Moderate Density Housing
Single-family dwellings* P P X X
Two-family dwellings X P P X
Rowhouses with up to four attached units X P X X
Townhouses X X P X
*Accessory dwelling units are allowed as an accessory use to a single-family dwelling in
the R-1 and R-2 zoning districts. These units are subject to either administrative or
conditional review, as regulated in Sec. 113-151 of City Code.
Multifamily Housing
Multifamily dwellings of up to 12 units per acre X X P P
Multifamily dwellings to a density of 17 units per acre X X C P
Multifamily dwellings to a density of 50 units per acre X X X P
Multifamily dwellings to a density of 100 units per acre X X X C
Senior and disability housing to a density of 20 units per acre X X P P
Senior and disability housing to a density of 25 units per acre X X C P
Senior and disability housing to a density of 70 units per acre X X X P
Senior and disability housing to a density of 100 units per acre X X X C
Multifamily Conditional Allowances
Senior and disability housing up to five stories or 60 feet in
height
X X C C
Principal structures in excess of five stories or 60 feet in height X X X C
Retail sSales, Class I and II restaurants, and professional
offices*
X X C C
Manufactured home parks X C C C
*These uses must be within principal structures containing at least 20 dwelling units when
located upon any minor arterial or major collector street. Any such sales, restaurant, or
office shall be located only on the ground floor and have direct access to the street.
Residential Facilities, Foster Homes, and Essential Services
Residential facilities serving six or fewer persons P P P P
Residential facilities serving up to 25 persons C C P P
Foster family homes P P P P
Group foster family homes C C P P
Essential services, Class I P P P P
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Mobile food vending R R R R
Outdoor services areas R R R R
***
Table 87-2 Economic and Business Land Uses
Land Use Description C LI I O
General retail services and/or s Retail Sales that are
consistent with the purpose of the Commercial Zoning District
and not otherwise listed
PR X X X
Food, Entertainment, and Retail
Adult-oriented services that require City licensing P P P X
Breweries X P P X
Brewpubs C X X X
Catering establishments P X X X
Class I restaurants P X X X
Class II restaurants C X X X
Class III restaurants C X X X
Cocktail rooms that occupy up to 50 percent of the gross floor
area of the microdistillery
X P P X
Cocktail rooms that occupy 50 percent or more of the gross
floor area of the microdistillery
X C C X
Distilleries X X P X
Drive-through retail establishments C X X X
Hotels/motels P X X X
Indoor entertainment and amusement P C X X
Private clubs X C X X
Micro-distilleries (limited and associated retail use such as
merchandise related to the microdistillery may be sold)
X P P X
Mobile food vending R R R R
Outdoor services areas R X X X
Recreational uses (public and private), including gyms, skating
rinks, etc.
P C X X
Retail establishments that sell tobacco R X X X
Sale or repair of firearms X R R X
Seasonal farm produce sales R X X X
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Taprooms, Cocktail Rooms, or Cannabis Retail Business that
occupy up to 50 percent of the gross floor area of the brewery
or microdistillery
X P P X
Taprooms, Cocktail Rooms, or Cannabis Retail Business that
occupy 50 percent or more of the gross floor area of the
brewery or microdistillery
X C C X
Temporary rRetail sSales R R R X
Care Services
Adult day care center C C C C
Animal hospitals, veterinary clinics, and/or pet grooming
facilities
R C C X
Animal kennels X X P X
Child care centers C C C C
Clinics (medical and dental) X C C P
Cosmetology services P X X X
Daytime activity centers or other facilities providing school
and/or training for disabled people
X X X C
Mortuaries C X C X
Trade schools or training centers C C C X
Offices and Financial Institutions
Consumer small loan lender R X X X
Currency exchange R X X X
Financial institutions, with drive-through facilities C C C C
Financial institutions, without drive-through facilities P X X P
Laboratories (medical, dental, cannabis testing facility, or
research and development, aka R&D)
X C C C
Medical and dental offices P X X P
Offices, excluding medical and dental P P P P
Automotive
Automobile repair shops, auto body repair and/or painting, and
auto cleaning and reconditioning
X X C X
Automobile repair shops, including tire, battery, and auto
accessory repair and installation
C X P X
Building materials yards, including inside and outside storage X C P X
Bulk storage of gas, fuel oil, chemicals, and other liquid or
solid materials which may be considered hazardous or toxic
X X C X
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Car washes C X C X
Sales or show rooms (auto, machinery, boats, etc.) C X C X
Service stations C X C X
Surface lot storage of automobile sales inventory X C C X
Manufacturing
Assembly and/or fabricating, foundries, and similar uses X P P X
Bakeries (commercial/wholesale) X C C X
Blacksmith, repair, machine, or tin shops X X P X
Electronics manufacturing X P P X
Food packaging and processing that does not involve cooking,
heating, smoking, soaking, or marinating procedures
X P P X
Food packaging and processing that involves cooking,
heating, smoking, soaking, or marinating procedures
X C C X
General manufacturing uses, including the compounding,
assembly, or treatment of articles or materials and Cannabis
Manufacturing
X X P X
Metal fabrication and assembly X X P X
Other light manufacturing uses that would not constitute a
nuisance or health hazard to surrounding or adjacent
residential or commercial districts
X P P X
Packaging and/or bottling of soft drinks or dairy products X C C X
Warehousing and Wholesale
Greenhouses, Commercial X P P X
Bulk storage of gas, fuel oil, chemicals, and other liquid or
solid materials which may be considered hazardous or toxic
X X C X
Outdoor sales, including car lots, nurseries, and equipment
rentals
C X C X
Outdoor storage for vehicles and equipment X X R X
Recycling drop-off facilities X C P X
Recycling facilities X C C X
Laundries and dry-cleaning plants X C C X
Lumber yards, including outside storage X X P X
Warehouses X P P X
Wholesale-retail distribution centers and Cannabis Delivery
Service
X P P X
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Transportation and Parking
Heliports X C C X
Off-street parking for adjacent commercial or industrial uses C X C X
Public garages P C C X
Railroad infrastructure outside of railroad right-of-way X X C X
Truck/van terminals X C C X
Other Allowances
Accessory retail services and/or sales incidental to a permitted
use, conducted in an area less than 10 percent of the
building's gross floor area
X C C X
Buildings greater than three stories in height C X X C
Buildings greater than four stories in height X C C X
Essential services, Class I P P P P
Essential services, Class III, except for peaking stations and
substations
C P P X
Firing ranges X X X X
Places of worship X C X X
Temporary structures such as tents or air-supported structures X X C X
***
Table 87-4 Mixed Use Land Uses
Land Use Description MU-N MU-C MU-E
Residential
Units within a mixed use building P P X
Multifamily dwellings (three or more units) P P X
Senior and disability housing P P X
Home occupations R R X
Single-family dwellings X X X
Manufactured home parks C C C
Commercial
Medical clinics P P P
Hotels X P P
Restaurants, brewpubs P P P
General retail/service Retail Sales R R R
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Breweries P P P
Taprooms, Cocktail Rooms, or Cannabis Retail Business C C C
Micro-distilleries P P P
Mobile food vending R R R
Cocktail rooms C C C
Parking R R R
Child care C C C
Drive-thru facilities C C C
Gasoline sales and automotive repair X X X
Self storage X X X
Outdoor storage X X X
Sale or repair of firearms X X X
Firing range X X X
Outdoor service areas R R R
Office
Financial institutions without drive-thru facilities P P P
Financial institutions with drive-thru facilities C C C
Offices up to 5,000 gross square feet per floor P P P
Offices more than 5,000 gross square feet per floor C C C
Institutional
Civic R R R
Medical R R R
Assembly R R R
Light Industrial
Light manufacturing, cannabis testing facility, R&D, or
collaborative work spaces that do not constitute a nuisance or
health hazard to adjacent properties
X X P
Warehouses X X C
Section 3. City Code Section 113-92(a) is amended to read as follows, with all
subsequent sections renumbered accordingly:
(e)Restricted Uses. The following restricted uses shall be permitted within the Commercial
Zoning District:
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(1)Retail establishments that sell THC products, as defined in City Code, section 16-
158, provided the following restrictions are observed:
a.The retail establishment shall be located not less than 500 feet from all youth-
oriented facilities, as measured at the lot line.
b.In the case of a multi-use building, distances from the retail establishment shall
be measured from the portion of the structure occupied by the retailer.
(f)Restricted Uses. The following restricted uses shall be permitted within the Commercial
Zoning District:
(1)Retail establishments that sell tobacco, as defined in City Code, Section 16-158,
provided the following restrictions are observed:
a.The retail establishment shall be located not less than 500 feet from all youth-
oriented facilities, as measured at the lot line.
b.In the case of a multi-use building, distances from the retail establishment shall
be measured from the portion of the structure occupied by the retailer.
(12)Animal hospitals, veterinary clinics, and/or pet grooming facilities:
a.No animals or pens shall be kept outside the building or cause offensive odor or
noise discernible at the property line of the lot on which the activity is
conducted.
b.The principal structure shall be located not less than 100 feet from any property
zoned R-Medium Density Residential, High Density Residential, or Institutional.
(23)Consumer Small Loan Lenders and Currency Exchanges, provided the following
restrictions are observed:
a.The use shall be located not less than 750 feet from a pawnshop, precious
metal dealer, consumer small loan lender or currency exchange, as measured
at the lot line. In the case of a multi-use building, distances from the use shall
be measured from the portion of the structure occupied by the pawnshop or
precious metal dealer.
b.All entrances to the business, with the exception of emergency fire exits which
are not usable by patrons, must be visible from the public right-of-way. When
such businesses are located within an enclosed commercial complex, all patron
entrances must open onto the common concourse.
Section 4. City Code Section 113-93(e) is amended to read as follows. “***” denotes
section breaks.
Restricted Uses. The following restricted uses shall be permitted within the Commercial
Light Industrial Zoning District:
***
(2)Cannabis Cultivation, provided the following restrictions are observed:
a. The business shall be located no less than 200 feet from all youth-oriented
facilities, as measured at the lot line.
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b. In the case of a multi-use building, distance from the cannabis cultivation shall be
measured from the portion of the structure occupied by the business.
Section 5. City Code Section 113-94(e) is amended to read as follows. “***” denotes
section breaks.
Restricted Uses. The following restricted uses shall be permitted within the Commercial
Industrial Zoning District:
***
(2)Cannabis Cultivation and Cannabis Manufacturing, provided the following
restrictions are observed:
a. The business shall be located no less than 200 feet from all youth-oriented
facilities, as measured at the lot line.
b. In the case of a multi-use building, distance from the cannabis cultivation shall be
measured from the portion of the structure occupied by the business.
Section 6. City Code Section 113-97 is amended to read as follows. “***” denotes
section breaks.
(f)Subdistrict Standards.
(1)Neighborhood Mixed Use (MU-N) Subdistrict.
***
g.Restricted Uses. The following restricted uses shall be permitted within the
Neighborhood Mixed Use Zoning District:
i.Home occupations, provided they comply with the requirements of
Subsection (e)(2) above.
ii. Retail Sales General retail/services shall be limited to a maximum of
20,000 square feet of gross floor area.
iii.Parking as an accessory to a principal use.
iv.Institutional assembly, civic, and medical uses shall be limited to a
maximum of 50 surface parking spaces.
(2)Community Mixed Use (MU-C) Subdistrict.
***
g.Restricted Uses. The following restricted uses shall be permitted within the
Community Mixed Use Zoning District:
i. Home occupations, provided they comply with the requirements of
Subsection (e)(2) above.
ii.Retail Sales General retail/services shall be limited to a maximum of
30,000 square feet of gross floor area.
iii.Parking as an accessory to a principal use.
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iv.Drive-thru facilities, provide they comply with the requirements of
Subsection (g)(3) below
v.Institutional assembly, civic, and medical uses shall be limited to a
maximum of 50 surface parking spaces.
(3)Employment Mixed Use (MU-E) Subdistrict.
***
g.Restricted Uses. The following restricted uses shall be permitted within the
Employment Mixed Use Zoning District:
i.General retail/services Retail Sales shall be limited to a maximum of
30,000 square feet of gross floor area.
ii.Parking as an accessory to a principal use.
iii.Drive-thru facilities, provide they comply with the requirements of
Subsection (g)(3) below
iv.Institutional assembly, civic, and medical uses shall be limited to a
maximum of 50 surface parking spaces.
Section 7. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 3rd day of December, 2024.
_____________________
Roslyn Harmon, Mayor
ATTEST:
________________________
Theresa J. Schyma, City Clerk
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