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City Council Ordinance 684CITY OF MONTICEILLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF TIME MONTICEILILO ZONING CODE, CHAPTER 49 SECTION 4.139 FOR "SMALL CEILIL99 WIRELESS TELECOMMUNICATIONS FACILITIES THE CITY COUNCIL OF THE CITY OF MO TI CEL1LO,MI�TNE,.SOTA HEREBY ORDAINS: Section 1. Chapter 4, Section 4.13 (E) is hereby amended to add the following: Section 4.13 (E) (E) Wireless Telecommunications Service Antennae and Antenna Support Structures Wireless telecommunications service antennae and antenna support structures, for the purposes of this ordinance, shall mean any equipment necessary to provide or support all types of wireless electronic communications, including, but not necessarily limited to, wireless "cellular" telephone, radio, and internet transmission and reception communications between mobile communications providers and users, including public safety communications. "Small cell" wireless antennae and antenna support structures, defined exclusively as those facilities that are fifty (50) feet or less in height and located within the public right ofwav subiect to the Citv's Right of Wav ordinance, are generally excepted from these provisions. Such facilities are subiect to the provisions of Section 4.13 (E)(3). - (3) "Small Cell " Wireless Facilities. (a) "Small cell" wireless service antennae and antenna support structures shall require a Conditional Use Permit when located in the right of way adjacent to any residentially zoned parcel, PUD (Planned Unit Development) zoned project which includes residential dwellings, or other residential use, or any historic district. The CUP shall be reviewed pursuant to the provisions of Section 2.4(A) of the Monticello Zoning Ordinance, and any other relevant restrictions. No Conditional Use Permit shall be granted for any such facility that creates a substantial burden on the adjoining residential area or the public right of way in which it is located. (b) No "small cell" support structure shall exceed fifty (50) feet in height above the finished grade of the ground on which the structure is located. (c) Notwithstanding subp. (b), the City may approve "small cell " facilities taller than fifty (50) feet by Conditional Use Permit in rights of way adjacent to non-residential property when the City finds that such approval will have specific and substantial public benefits, including, but not limited to, reduction in the overall number or visual impacts of such facilities in the public right of way. (d) Small cell facilities proposed to be co -located on existing support structures on private property, such as parking lot light poles, may be allowed as permitted uses provided no portion of the existing support structure or proposed antenna will exceed the allowable height for such structures in the subject zoning district and that the property is not a residentially zoned parcel, PUD (Planned Unit Development) zoned project which includes residential dwellings, or other residential use, or any historic district, (e) Any small cell wireless service antennae or new antenna support structures located outside of the public right of way, such as on private property, regardless of ownership, and which would exceed the allowable height for the support structure in the subject zoning district shall require a Conditional Use Permit and be subject to all other general requirements of Section 4.13, including this section, as well as any other applicable zoning or city code restrictions. Section 2. The City Clerk is hereby directed to snake the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to snake necessary corrections to any internal citations and diagrams that result from such amendments, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 3. This Ordinance shall take effect and be in full force from and after its passage and publication. Revisions will be made online after adoption by Council. Copies of the complete Zoning Ordinance are available online and at Monticello City Hall. ADOPTED BY the Monticello City Council this 23rd day of October, 2017. CITY OF MONTICELLO Brian Stumpf, Mor` ATTEST: Jeff ' ill, City Administrator VOTING IN FAVOR: Davidson, Fair, Gabler, Hilgart, and Stumpf VOTING IN OPPOSITION: None.