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HomeMy WebLinkAboutOrdinance - 3-2014 - Amending City Code Chapter 11, Relating to Telecommunications Mechanical Equipment - 02/27/2014 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.02, is hereby amended by adding in alphabetical order the following definition: "Telecommunications mechanical equipment" — mechanical equipment that is necessary for the operation of a tower for Commercial Wireless Telecommunications Services. and renumbering the remaining definitions appropriately. Section 2. City Code Chapter 11, Section 11.03, Subd. 3 G 1 (k) is hereby amended by inserting the word "of' after the word "top"; and inserting the words ", and telecommunications mechanical equipment located on top of, beside or adjacent to a building." after the word building. Section 3. City Code Chapter 11, Section 11.06, Subd. 2 is hereby amended by inserting a comma after the word "tower"; deleting the word "or"; and inserting the words ", or telecommunications mechanical equipment" after the word "antenna". Section 4. City Code Chapter 11, Section 11.06, is hereby amended by inserting a new Subd. 9 to read as follows: Subd. 9. Telecommunications Mechanical Equipment in a Public Right of Way. Telecommunications mechanical equipment located in a public right of way must meet the following requirements: A. Location and Setbacks. Telecommunications mechanical equipment shall be located on the ground beside or adjacent to a tower for Commercial Wireless Telecommunications Services and shall meet the following minimum setback requirements: 1. 10 feet from the existing or planned edge of the pavement; 2. 3 feet from a sidewalk or trail; 3. 50 feet from the nearest intersection right-of-way line; and 4. 50 feet from the nearest principal residential structure. B. Screening. Telecommunications mechanical equipment located in a public right of way and possessing one or more of the following characteristics shall be physically screened from all public roads and adjacent differing land uses within a utility cabinet: 1. Irregular in size and shape; 2. Exposed and/or protruding fans, grills,pipes, tubes, wires, or vents; 3. Unfinished metal covering, exposed rivets, or exposed seams. Screening shall be required at the time of initial installation or at the time of antenna equipment upgrade. C. Permit. Telecommunications mechanical equipment located in a public right of way must receive a right-of-way permit from the appropriate road authority. and renumbering the remaining subdivisions appropriately. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2 1"day of January, 2014, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 181h day of February, 2014. Kat een Porta, City Clerk ncy a- e or Published in the Eden Prairie News on the 271" day of February, 2014. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 3-2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03 AND 11.06; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: The following is only a summary of Ordinance No. 3-2014. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance regulates the location, screening and permitting of telecommunications mechanical equipment in the public right of way. EFFECTIVE DATE: This Ordinance shall take effect upon publication. ATTEST: K leen Porta, City Clerk N cy - L e ay PUBLISHED in the Eden Prairie News on February 27, 2014.