Ordinance 609 Moratorium on CUP for WirelessCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 609
AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON CONDITIONAL USE
PERMITS FOR WIRELESS TELECOMMUNICATION TOWERS, ANTENNAS, AND ACCESSORY
STRUCTURES ASSOCIATED WITH SAID USE IN ALL ZONING DISTRICTS OF THE CITY OF
MENDOTA HEIGHTS, AND DIRECTING A STUDY TO BE CONDUCTED.
WHEREAS, the City of Mendota Heights has determined that certain wireless telecommunication towers,
antennas, and accessory structures may cause secondary effects that may be detrimental to the public health, safety,
and general welfare of the citizens of the City of Mendota Heights; and,
WHEREAS, the City's comprehensive plan, zoning, and development regulations may not adequately
address various impacts to the public health, safety, morals, and general welfare that wireless
telecommunication towers, antennas, and associated accessory structures may present; and,
WHEREAS, to provide for adequate time for study, analysis, and to consider finalization of potential
city code amendments regarding wireless telecommunication towers, antennas, and associated accessory
structures, and to preserve the status quo within the City, the City desires to enact a temporary prohibition on the
siting, allowance, processing, and issuance of any permits, land -use entitlements, and other applications for new
wireless telecommunication towers, antennas, and associated accessory structures.
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain:
Section I. Findings and Purpose.
I. Pursuant to Minnesota Statutes section 462.357, the City has the authority Yo regulate the use of land
tluough the adoption and enforcement of official controls.
2. Pursuant to Minnesota Statutes section 462.355, the City has the authority to adopt an interim
zoning ordinance for the purpose of protecting the planning process and the health, safety and
welfare of its citizens.
3. The City desires to protect the planning process by providing sufficient time for its review of the
City's zoning ordinances prior to any further action on new wireless telecommunications facilities.
4. The City desires to protect the planning process by ensuring that any ordinance changes need not be
expedited and that all issues related to wireless telecommunication towers, antennas, and associated
accessory structures (siting, height, setbacks, aesthetics, required submittals and documentation) can
be completely examined.
5. The City desires to protect the public health, safety, and welfare of its citizens by its study of its
official controls in these areas.
6. The City finds that City Code Title 12: Zoning does not adequately address the regulatory controls
for wireless telecommunication towers, antennas, and associated accessory structures.
7. The City Council deems it necessary to adopt an Interim Ordinance placing a moratorium on all
new Conditional Use Permit applications for new wireless telecommunication towers, antennas,
and/or associated accessory structures for a period of 12 months from the effective date of this
Interim Ordinance to permit the planning process to take place and allow City staff, the Planning
Commission, and the City Council sufficient time to study the issue and update the City's processes.
Section 2. Temporary Restrictions on wireless telecommunications infrastructure.
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1. During the moratorium no development approvals, including but not limited to preliminary plats, re -
zonings, variances, conditional use permits, site plans, or building permits shall be issued for a new
wireless telecommunications tower, antenna, or associated accessory structure.
2. This moratorium shall not apply to administrative procedures for improvements to existing wireless
antenna facilities within the City of Mendota Heights, as detailed in City Code Section 12-4A-12:D.4.g.
Section 3. Intent and Authorization.
L It is the intent of this ordinance to allow the CiTy of Mendota Heights to complete an in-depth study
concerning adoption of revisions of the City Code and official processes related to Conditional Use
Permits for new wireless telecommunications towers, antennas, and associated accessory structures.
2. City staff is directed and authorized to conduct a study of the City Code and official controls that
may need to be adopted or amended to protect the public health, safety, and welfare as they relate to
wireless telecommunication towers, antennas, and associated accessory structures.
Section 4. Enforcement. The CiTy may enforce this Ordinance by mandamus, injunctive relief, or other
appropriate civil remedy in any court of competent jurisdiction. The City Council hereby authorizes the City
Administrator, in consultation with the City Attorney, to initiate any legal action deemed necessary to secure
compliance with this Ordinance. A violation of this Ordinance is also subject to the City's general penalty in
City Code Section 1-4-1.
Section 5. Effective Date. This
ordinance shall take effect immediately
upon its passage and shall
remain in
effect until October 6, 2027, or
until the adoption of the official controls
being studied, whichever
occurs first.
Section 6. Severability. Every section, provision, or part of this Interim Ordinance is declared severable from
every other section, provision, or part hereof to the extent that if any section, provision, or part of this Ordinance
shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision, or
part thereof.
ADOPTED this 6'" day of October, 2026 by the CiTy Council for the City of Mendota Heights.
CITY COUNCIL
CITY OF MENDOTA HEIGHT
Step jWdie B. vine, Mayor
ATTEST
INAV
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