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PRINTER'S AFFIDAVIT OF PUBLICATION
<br />
<br /> ORDINANCE 96-20 ·
<br />
<br /> {IM-ORDINP;NCE TEMPORARILY PRO-
<br /> IIBITING CONSTRUCTION OF NEW TOWERS
<br /> AND THE USE AND DEVELOPMENT OF PROP-
<br /> ER'FY FOR TOWERS
<br /> The City of Ramsey ordains:
<br /> SECTION 1. DEFINITIONS.
<br /> The following terms whenever used in this
<br /> Ordinance shall be interpreted to mean:
<br /> . City - is the City of Ramsey.
<br /> Planning Commission - is the Planning
<br /> Commission of the City of Ramsey.
<br /> Planning Department - is the Planning
<br /> Department of the City of Ramsey.
<br /> Tower - Any ground or roof mounted pole,
<br />,:spire, structure, or combination thereof,
<br /> including supporting lines, cables, wires,
<br /> braces,, and masts, intended primarily.for the
<br /> purpose of mounting an antenna, meteorologi-
<br /> cal device, or similar apparatus above grade
<br /> except amateur radio and standard residential
<br /> television antennas.
<br />. SI~CTION 2. FINDINGS.
<br />
<br />· 1. Recent advances in wireless communica-
<br /> ~tions technology h~ive resulted in a new
<br /> generation of cellular communication set-
<br /> ~: vices. These 'new services, called "Personal
<br />: · Communications Services" ("PCS"), will
<br />I likely require numerous antenna locations
<br />' 'throughout the community. These anten-
<br /> nae may be located on buildings, towers,
<br /> and other similar structures, but also will
<br /> frequently be located on towers con-
<br /> stCucted or enlarged for that purpose.
<br />' 2, :PCS providers are expected to pursue
<br /> antenna sites within the ·City, and these
<br /> efforts are expected to include requests to
<br /> ' construct new or enlarged communica-
<br /> tions towers. There is concern that'current
<br /> City ordinances do not adequately address
<br /> issues relating to these towers, such as
<br /> appropriate locations and conditions
<br /> under whichthey may be allowed within
<br /> the City, including structural and construc-
<br /> tion requirements, c6-1ocation, setbacks,
<br /> and heigt~t ~imitations.
<br /> 3; -There is a need to study these and Other
<br /> ~ issues to determine what regulat.ory con-
<br /> trols need be adopted to protect the pub-
<br /> lic health, safety, and welfare: The
<br /> Planning Department has been studying
<br /> PCS and tower issues and will continue to
<br /> : Conduct such studies, but additional time
<br /> · is required for this purpose before propos-
<br /> als for amendments to City zoning regula~
<br /> tions.can be prepared and considered by
<br />- the City Council at a public hearing. The
<br /> Planning Department has recommended a
<br /> ' . mbratorium for this purpose.
<br /> 4.' The Council finds, therefore, that a morat0-
<br /> rium is required in'order to protect the
<br /> planning process and to prevent the con-
<br /> - . struction or enlargement of towers and the
<br /> 'use and development of lands within the
<br /> . City for such towers pending the ·comple-
<br /> tion of necessary studies and the consider-
<br /> ation and implementation of new regula-
<br /> - tions on that subiect. At this time it is
<br /> expected that the necessary study and
<br /> -implementation of regulations can be com-
<br /> pleted within a 180-day period.
<br /> SECTION 3. PROHIBITION.
<br /> 1. In accordance with the findings set forth in
<br /> Section 2 and pursuant tO the authority of
<br /> ' Minnesota Statutes, Section 462.355
<br /> (subd. 4), there is hereby established a
<br /> moratorium on the construction; erection,
<br /> placement, reconstruction, enlargement,
<br /> or expansion of towers within the City and
<br /> on the development and use of property
<br /> for sUCh purposes.
<br /> 2. Duritig the period Of the rrloratorium,
<br /> ' applications for final site and building plan
<br /> approval, building permits, and othe~ per-
<br /> mits and approvlils related'to such tower
<br /> Work shall not 'be accePted by the City;
<br /> neither the Planning'Commission nor the
<br /> City ·Council shall consider or grant
<br /> approyal of any application required for
<br /> such work, and no building permits for
<br /> such-work shall be issued. These restric-
<br /> tions shall not be applica§ie to proposals
<br /> for tower development that were
<br /> approved by the City prior to the effective
<br /> date of this ordinance.
<br /> SECTION 4. APPLICATION,
<br /> The ~oratorium shall be applicable to
<br /> property throughout the City.
<br /> SECTION 5. PENALTIES.
<br /> · , Any person, corporation, Or other entity that
<br />jstructs, erects, places, reconstructs~ enlarges,
<br />expands a tower in Violation of this
<br />inance shall be guilty of a misdemeanor and
<br />shall be subject to any additional legal or equi-
<br />table remedies available to the citY.
<br />SECTION 6..EFFECTIVE DATE.
<br /> This Ordinance becomes effective 30 (thirty)
<br /> days after its publication, shall be effective for 90
<br /> days'from its effective date, and shall expire at
<br /> that time un ess further extended.
<br /> PASSED by the City Council of the City of
<br /> Ramsey this the 26th day of November, 1996.
<br /> Glen D. Hardin
<br /> Mayor
<br /> A'ITEST:
<br /> Ryan R. Schroeder '
<br /> City Administrator
<br />. abcdefghijklmnopqrstuvwxyz
<br /> Published in Anoka Co. Union
<br /> December 6, .1996
<br />
<br />STATE OF MINNESOTA )
<br /> ss
<br />County of Anoko )
<br />
<br /> Peter G. Bodley being duly sworn, on oath says that he is the managing editor of the
<br />newspaper known as the Anoka County Union, and has full knowledge of the facts which are
<br />stated below:
<br />
<br /> iA) The newspaper has complied with all of the requirements constituting qualification
<br />as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other
<br />applicable laws, as amended.
<br />
<br /> (B) The printed .. ORDINANCE ...............................................
<br />................... 96.-.20 ......................................................
<br />which is attached was cut from the columns of said newspaper, and was printed and
<br />published once each week. for.. one.. successive weeks: it was first published on Friday,
<br />the ...6. t.h ........ day of ..De.q.em.b.e.r, 199.6., and was thereafter printed and
<br />published on every Friday to and including Friday, the ................ day of
<br />
<br />................. 19 .... ; and printed below is a copy of the lower case alphabet from A to Z,
<br />both inclusive, which is hereby acknowledged as being the size and kind of type used in the
<br />composition and publication of the notice:
<br />
<br /> a bcde~ghii klmnopqrsluvwxyz
<br />
<br /> Managing Editor
<br />
<br />Subscribed and sworn to before me on
<br />
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