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ORD 410 Wireless Comm Towers as Access Use19 City of Mendota Heights, Minnesota Dakota County Ordinance No. 410 AN ORDINANCE AMENDING SECTION 12-1J-6 D. OF THE MENDOTA HEIGHTS CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY PROVIDING FOR WIRELESS COMMUNICATIONS TOWERS AS ACCESSORY USES IN THE R-1 ZONING DISTRICT. The City Council of the City of Mendota Heights hereby ordains: Section 1. Section 12-1J-6 D.1. is hereby amended to read as follows: 1. Restrictions In Residential Districts: No freestanding antenna or antenna tower shall be allowed in any R1, R-1A, or R-2 districts unless colocated on existing utility towers. In the R-1 district, a freestanding antenna tower may be allowed by Conditional Use Permit on non-residentially used properties provided that the tower meets all of the other requirements of this Section, and that the tower is an accessory use to the principal use of the property on which the tower is to be located. This clause shall be interpreted to mean that the principal use of the property has a direct use of, and occupancy on, the tower, as opposed to a general subscription to services provided by a separate occupant of the tower. Section 2. Section 12-1J-6 D.4 is hereby amended to read as follows: 4. Height: All freestanding antenna towers shall be no higher than seventy five feet (751), as measured from the ground to the highest point of any portion of the tower, antenna, or any other component attached thereto, or the distance between the base of the antenna tower and the nearest setback line, whichever is least. Where the City Council finds that a proposed tower will not have negative impacts on neighboring properties, a tower height of up to 120 feet may be allowed by Conditional Use Permit, subject to a showing that the proposed height is the maximum height necessary to serve an unserved area. Section 3. This Ordinance shall take effect and be in full force from and after its passage and publication. Adopted and ordained into an Ordinance this 18th day of July, 2006. 0V John J. er,,*`or, vVy"Dr-'s Ka4ileen M. Swanson AYES: NAYS: