CITY OF CLOQUET ORDINANCE NO. 421A

CITY OF CLOQUET ORDINANCE NO. 421A

AN ORDINANCE TO AMEND CHAPTER 16 AND 17 OF THE MUNICIPAL CODE PERTAINING TO WIRELESS COMMUNICATION FACILITIES

The City Council of the City of Cloquet does hereby ordain as follows:

Section 1. That Section 17.5.16 Subd. 2 Definitions be amended to add the following definitions and the subdivision be renumbered alphabetically:

Public Utility. Any persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purposes of this section, commercial wireless communication service facilities shall not be considered public utility uses, and are defined separately.

Amateur Radio Operator. A person holding a written authorization to be the control operator of an amateur radio facility. This authorization shall be in the form of a license or permit issued by the Federal Communications Commission or a foreign national or multinational license or permit recognized by treaty as valid in the United States.

Amateur Radio Services. The radio communication services including the amateur-satellite services and the amateur service, which are for the purpose of self-training, intercommunication and technical investigations carried out by amateurs who are duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest, as defined in 47 CFR, Part 97 and regulated thereunder.

Section 2. That Section 17.5.16 Subd. 3 Applicability be amended to add the following:

C. Government Owned and Operated. This Section shall not govern government owned and operated receive and or transmit telemetry station antennas for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, storm water, pump stations and/or irrigation systems, exceeding a height of 90 feet shall require a conditional use permit. Such towers shall conform to the accessory structure setback for the zone district in which it is located.

Section 3. That Section 17.5.16 Subd 6. Performance Standards be amended to add the following:

H. Noise. Backup generators shall only be operated during power outages and for testing and maintenance purposes. If the facility is located within 100 feet of a residential dwelling unit, noise attenuation measures shall be included to reduce noise levels to an exterior noise level of at least a Ldn of 60 dB at the property line and an interior noise level of a Ldn of 45 dB. Testing and maintenance shall only take place on weekdays between the hours of 7:30 a.m. and 5:30 p.m.

I. Abandoned or Unused Towers or Portions of Towers. All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Zoning Administrator. In the event that the tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities shall be deemed to be a hazardous building within the meaning of Minnesota Statute which may be removed by the City and the cost of removal assessed against the property owner upon which the tower and facilities are located in the manner provided by Minnesota Statute.

Section 4. That Section 16.5 Telecommunications Facilities and Antennas shall be deleted in its entirety.

Section 5. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication in accordance with law.

Passed this 5th day of March, 2013.

CITY OF CLOQUET

By: Bruce Ahlgren

Its Mayor

ATTEST:

Brian Fritsinger

Its City Administrator

Tags: legal notices, legals