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City of Arden Hills Planning Commission Meeting for November 4, 2015 P:\Planning\Planning Cases\2015\PC 15-022 - Zoning Code Amendment - Accessory Antennas\Memos_15-022 Page 2 of 3 Discussion Telecommunication facilities are protected under federal law through the Telecommunications Act of 1996. Cities may regulate the placement and construction of cellular towers and antennas but cannot prohibit the provision of services. The City has adopted regulations that limit the number of new cellular towers by requiring providers to lease space on City water tower sites, use existing buildings, or co-locate on existing towers. Additionally, new antennas are only permitted as an accessory use on a property with an existing principal use. The purpose of the proposed amendment is to clarify that antenna installations do not necessarily need to complement or support the principal use they are associated with. The revisions provided by the City Attorney state that antennas may be treated as a secondary use as well as an accessory use. The proposed amendment is included in Attachment A. The City Attorney has reviewed the amendment and does not have any concerns with the proposed language. Findings of Fact Municipalities have broad discretion when reviewing and adopting zoning regulations. However, because the Zoning Code is a tool used to implement the City’s comprehensive plan, it is necessary to understand the connection between the two documents when reviewing proposed Zoning Code amendments. Staff offers the following findings of fact for the Planning Commission’s consideration: 1. The proposed amendment advances the land use goals in the City’s comprehensive Plan because it ensures that land use regulations promote development that is compatible with nearby properties and neighborhood character. 2. The proposed amendment helps ensure that sufficient locations are provided for the placement of telecommunications facilities in order to allow effective service. Recommendation Staff recommends approval of Planning Case 15-022 to amend Section 1325.09 of the Zoning Code pertaining to the regulation of accessory antennas, dish antennas, and towers, as presented in the November 4, 2015, report to the Planning Commission.