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the combined effect of the amendment requests would allow additional antennas on communications towers that exceed the height of 75 feet, and were in existence prior to the adoption of this amendment, up to the limit of the CUP under which each tower operates. 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 or has the effect of prohibiting the provision of wireless services, must act on applications within a reasonable period of time, and must make any denial of an application in writing supported by substantial evidence in a written record. The statute also preempts local decisions premised directly or indirectly on the environmental effects of radio frequency (RF) emissions, assuming that the provider is in compliance with the Commission's RF rules. (http://wireless.fcc. gov/siting/local-state-gov.html). City Zoning Regulations Section 1325.09 Subd 1 of the City's Zoning Code states that a purpose of regulating antennas, dish antennas, and towers within the City is to "maximize the use of existing and approved towers and buildings to accommodate new personal wireless service antennas in order to reduce the number of new towers necessary to serve the community." Essentially, it has been the City's desire to encourage new antennas to be located on existing platforms (i.e. water tower, antenna tower, or building) where feasible instead of building new antenna towers or monopoles throughout the City. Cities are allowed to regulate towers in such a manner provided it does not leave parts of a community without access to wireless services. In August 2009, the City updated the Zoning Code to include a priority list for the placement of new antennas (Section 1325.09 Subd 6). Again, the goal is to encourage the grouping of antennas to minimize the construction of new antenna towers and limit the impact on the public health, safety and welfare, which includes the aesthetic impact. The code states that new antennas shall be located on City water tower sites unless the applicant shows, to the reasonable satisfaction of the City, that the City water towers cannot be feasibly used from an engineering standpoint. If the City water tower site is not feasible, the Code requires the applicant to consider the following locations in order of priority: 1. On existing towers or structures within any industrial, civic -center, or business district; 2. On new towers in any industrial civic -center, or business district; 3. Any existing towers or structures located within any residential district; then, 4. Any new towers or structures located within any residential district. City of Arden Hills Planning Commission Meeting for April 7, 2010 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12009W9-023 Refiling Tower Zoning and CUP Amendment (CC Tabled)W-07-10 -PC Report - Refiling Tower CUP Amendment.doc Page 5 of 10