Agenda - Planning Commission - 04/04/2013

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RELEVANT LINKS: 47 U.S.C. § 303 (v). 47 C.F.R. § 25.104. Village of Euclid, Ohio v. Ambler Realty Co., 272 U.S. 365, 47 S. Ct. 114 (1926). Kiges v. City of St. Paul, 240 Minn. 522, 62 N.W.2d 363 (Minn. 1953). State ex rel. Berndt v. lien, 259 Minn. 77, 106 N.W.2d 366 (Minn. 1960). State, by Rochester Ass'n of Neighborhoods v. City of Rochester 268 N.W.2d 885 (Minn. 1978). Amcon Corp. v. City of Eagan, 348 N.W.2d 66 (Minn. 1984). In addition, cities may not regulate the placement, construction or modification of cell towers on the basis of the environmental effects of radio frequency emissions to the extent they comply with the Federal Communication Commission's regulations. To avoid conflicts with federal law, the city should consult the city attorney before adopting zoning provisions that regulate telecommunication towers and antennas. The Federal Communications Commission has exclusive jurisdiction over direct to home satellite dishes. Its regulations preempt local ordinances that prohibit or regulate satellite dishes of one meter or less in all areas and two meters or less in commercial areas. Cities may apply to the FCC for a waiver to allow local regulation of satellite dishes upon a showing by the applicant that local concerns of a highly specialized or unusual nature create a necessity for local regulation 5. Federal and state constitutional concerns Zoning regulations limit the ability of landowners to use their property in any manner they wish. While both the state and federal constitutions provide protections to landowners from government seizures of land (takings), the courts have long upheld zoning regulations as a reasonable use of a government's police power to protect the health, safety and welfare of the public. However, there are still some federal and state constitutional restraints on city zoning authority. The adoption or amendment of a zoning ordinance is considered a legislative decision of the city council. Courts normally give legislative decisions great deference and weight, but the court will on occasion set aside or intervene in city zoning decisions if two important constitutional restraints in the federal and state constitution are violated. First, the courts may overrule a city zoning decision, when it determines that a zoning ordinance is unsupported by any rational basis related to promoting public health, safety, morals, or general welfare. Usually, in these cases the court finds that the city's actions were arbitrary and /or capricious. Second, when a zoning ordinance denies the landowner practically all reasonable use of the land, resulting is a "taking" of the land without just compensation; the court may order the city to pay compensation to the affected landowner. League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 13