7C, Ordinance 2010-002 - Laserfiche WebLink

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complicated because the tower has become a legal non-conforming use. A legal non-conforming use means that the tower was originally constructed in conformance with the Zoning Code but, over time, the Code changed and the tower is no longer in conformance with the Zoning Code. The Reiling Tower is a legal non-conforming use because at some point after the tower was approved in 1972, the City changed the Zoning Code to make antennas a conditional accessory use in all zoning districts except for the B-3 District and heights were limited to 75 feet. This change meant that new towers could only be built on sites with other uses and antennas could not be placed at heights greater than 75 feet, except for on City water towers. Because the Reiling Tower is the only use at 1296 County Road F and it is greater than 75 feet tall, it is a legal non- conforming use. Allowing additional antennas would be an expansion of a non-conforming use. A legal non-conforming use can only be expanded in one of two ways: l. The applicant could request a variance, but would need to d�monstrate a hardship as required under State Statutes; or, 2. The applicant could request a Zoning Code amendment to add provisions that allow antennas to be added to existing, legally non-conforming towers at any height provided the tower can structurally accommodate the antennas. It would be quite difficult to prove a hardship in this type of case, which is why the applicant is requesting a Zoning Code amendment. If the Zoning Code amendment is approved, the applicant is then requesting a conditional use permit amendment to allow the additional antennas and the relocation of antennas on the tower. Discussion There are two parts to the Zoning Code amendment request. The first part would allow antennas at heights greater than 75 feet on existing antenna towers. The second part would allow additional antennas to be located on existing antenna towers up to what would be structurally feasible for the tower (Attachment C). If approved, the combined effect of the amendment requests would allow additional antennas on legally, non-conforming antenna towers provided the tower can structurally accommodate the antennas. FCC Regulations Whenever a city reviews its antenna ordinances, it is important to consider federal regulations. All cities must take into account the provisions in the Federal Communications Act. Section 332(c)(7) of the Communications Act preserves state and local authority over zoning and land use decisions for communications antennas; however, it includes limitations on that authority. According to the regulations, a state or local government may not unreasonably discriminate among providers of functionally equivalent services, may not regulate in a manner that prohibits City ofA�den Hills City Council Meeting fo� Feb�uary 22, 2010 C: IDocuments and Settingslbecky.brazyslLocal Settingsl Temporczry Internet FilesIOLKISF102-22-10 - Regulnr Meeting - Memo - Reiling Tower CUP Amen�.�oc Page 2 of 8