§ 113-244. Telecommunication towers and antennas.

(a)

Purpose. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the council finds that these regulations are necessary to:

(1)

Maximize the use of existing and approved towers and buildings to accommodate new personal wireless service antennas in order to reduce the number of new towers necessary to serve the community;

(2)

Ensure antennas and towers are designed, located, and constructed in accordance with all applicable Code requirements to avoid potential damage to adjacent properties from failure of the antenna and tower through structural standards and setback requirements;

(3)

Require antennas and tower sites to be secured in order to discourage trespassing and vandalism; and

(4)

Require tower equipment to be screened from the view of persons located on properties contiguous to the site and/or to be camouflaged in a manner to compliment existing structures to minimize adverse visual effects of antennas and towers.

(b)

Permits.

(1)

It shall be unlawful for any person, firm, or corporation to erect, construct, place or re-erect, replace, or make structural repairs to any tower without first making application for and securing a building permit as provided in this chapter, except as provided in subsection (b)(3) of this section.

(2)

The applicant shall provide a report from a qualified and licensed professional engineer that demonstrates the tower's compliance with all applicable structural and electrical standards, including but not limited to the Minnesota State Building Code, and includes the engineer's certification.

(3)

Permits are not required for:

a.

Adjustment, repair, or replacement of existing antennas or the elements of an antenna array affixed to a tower or antenna, provided that adjustment or replacement does not reduce the safety factor.

b.

Routine maintenance (e.g., painting) and other nonstructural-related repairs of towers.

c.

Antennas and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick-up operations, provided that all requirements of subsection (b)(5) of this section are met, with the exception of subsection (b)(5)i. of this section (regarding corrosive material) which is waived. Temporary antennas shall be removed within 72 hours following installation, unless additional time is approved by the building official. Temporary towers erected for emergency purposes may be exempt from setback requirements of this article as determined by the building official.

(4)

The fee to be paid is that prescribed under building permit fees.

(5)

All antennas and towers erected, constructed, or located within the city, including all necessary wiring, shall comply with the following requirements:

a.

All applicable provisions of this chapter.

b.

Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Minnesota State Building Code and the electronics industry association and all other applicable reviewing agencies.

c.

With the exception of necessary electric and telephone service and connection lines approved by the city, no part of any antenna or tower nor any lines, cable, equipment, or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line.

d.

Towers and their antennas shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.

e.

Antennas which are directly mounted to the ground, or which are mounted in any other way which would allow an individual to easily make contact with the active element, shall be shielded or fenced to reduce its shock hazard.

f.

All towers shall be constructed to conform to the requirements of the occupational safety and health administration.

g.

All towers shall be reasonably protected against unauthorized climbing.

h.

Antennas and towers may only be erected in accordance with applicable zoning restrictions.

i.

Towers shall be constructed of corrosive resistant metal material.

j.

Persons responsible for all communication towers and their antennas shall maintain a general liability insurance policy that provides coverage for any damage to property or injuries to persons caused by collapse of the tower. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than $1,000,000.00.

(c)

Inspections; notice of violations. All towers may be inspected at least once each year by an official of the city to determine compliance with original construction standards. Deviations from original design for which a permit is obtained constitutes a violation of this section. Notice of violations shall be sent by registered mail to the owner of the property and the owner shall have 30 days from the date the notification is issued to make repairs. The owner shall notify the city that the repairs have been made, and as soon as possible thereafter, another inspection shall be made and the owner notified of the results.

(d)

Height and zoning district restrictions.

(1)

Tower height determination. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure, the tower, the antenna, and all attachments must meet the height restrictions of this section.

(2)

Antenna height determination. Antenna height includes the height of the antenna from the base of the antenna to the peak and all other attachments.

(3)

Height restrictions per zone. Zoning district restrictions and maximum heights for towers and antennas are as follows:

a.

Rooftop antennas ten feet or less in height are a permitted use in all zoning districts except that commercial antennas are not permitted in an R-1 zone.

b.

Towers or antennas no more than 110 feet in height are a permitted use in a P-1/R-1 zone except on the elementary school property located at 1393 Garden Avenue.

c.

Towers or antennas over ten feet in height but no more than 110 feet in height are a conditional use in P-1 and B-2 zones if the property does not abut R-1 zoned property.

d.

Nonfreestanding towers and nonfreestanding antennas over ten feet in height, which are attached to a structure over 45 feet in height are a conditional use in all zoning districts under the following conditions:

1.

The tower and antennas are located upon structures allowed as principal or conditional uses in the underlying zoning district or upon public structures.

2.

The tower and antennas are limited to a height of 15 feet projecting above the structure. The city may permit antenna heights of up to 25 feet above the structure if the applicant can demonstrate that, by a combination of tower or antenna design, positioning of the structure or by screening erected or already in place on the structure, off-site views of the antenna are minimized.

(4)

Amateur radio antennas. In accordance with the preemption ruling PRB1 of the Federal Communications Commission, towers supporting amateur radio antennas that comply with all other requirements of this section are exempted from the height limitations of this section, provided that such height is technically necessary to receive and broadcast amateur radio signals, and does not exceed 70 feet total height.

(e)

Site location and setbacks. In residential and business districts towers and antennas must be located in the rear yard. In all districts, towers and antennas shall conform to each of the minimum setback requirements:

(1)

Towers shall meet the principal structure setbacks of the underlying zoning district except that towers and antennas must be set back one foot from all property lines for each foot of tower and/or antenna.

(2)

Towers shall not be located between a principal structure and a public street.

(3)

A tower or antenna setback may be reduced through a conditional use permit, at the sole discretion of the city council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, public communications tower, power line support device, or similar structure. The term "integration" may include replacement of an existing structure to include a personal wireless service provider, but does not include replication of a structure.

(4)

Only one tower shall exist at any one time on any one parcel, unless additional towers or antennas could be incorporated into existing structures such as a church steeple, light pole, power line support device, public communications building or other similar structure.

(f)

Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower for camouflage purposes, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(g)

Signs and advertising. No signage, advertising, or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities.

(h)

Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements for accessory structures of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

(i)

Design standards. Proposed or modified towers and antennas shall meet the following requirements:

(1)

Towers and antennas (including antenna cables) shall be designed to blend into the surrounding environment to the maximum extent possible as determined by the city through the use of building materials, colors, texture, screening, landscaping, and other camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration;

(2)

Personal wireless service towers shall be of a monopole design unless the city council determines that an alternative design would better blend in to the surrounding environment.

(j)

Collocation requirement. All personal wireless service towers erected, constructed, or located within the city shall comply with the following requirements:

(1)

A proposal for a new personal wireless service tower shall not be approved unless the city council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building that is greater than 60 feet in height, within a one-quarter mile search radius for towers less than 110 feet in height or a one-half mile search radius for towers equal to or greater than 110 feet in height of the proposed tower due to one or more of the following reasons:

a.

The planned equipment would exceed the structural capacity of the existing or approved tower or building as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

b.

Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified radio frequency engineer.

c.

Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

(2)

The applicant must demonstrate that a good faith effort to collocate on existing towers and structures was made, but an agreement could not be reached.

(3)

Any proposed personal wireless service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 90 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

(k)

Antennas mounted on roofs, walls, and existing towers. The placement of commercial antennas on roofs, walls, and existing towers may be approved by the city, with a conditional use permit, provided the antennas meet the requirements of this chapter. In addition to the submittal requirements required elsewhere in this chapter, an application for a building permit for antennas to be mounted on an existing structure shall be accompanied by the following information:

(1)

A site plan showing the location of the proposed antennas on the structure and documenting that the request meets the requirements of this chapter;

(2)

A building plan showing the construction of the antennas and the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this chapter;

(3)

Certification by a qualified and licensed professional engineer indicating the existing structure or tower's ability to support the antennas.

(l)

Nonconforming existing antennas and towers. Antennas and towers in residential districts and in existence as of the effective date of the ordinance from which this chapter is derived that do not conform or comply with this section are subject to the following provisions:

(1)

Towers may continue in use for the purpose used and existing as of the effective date of the ordinance from which this chapter is derived, but may not be replaced or structurally altered without complying in all respects with this section.

(2)

If such towers are subsequently damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building permit for the repair or restoration, but without otherwise complying with this chapter, provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be 50 percent or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this section.

(m)

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 city. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. After the facilities are removed, the site shall be restored to its original or an improved state.

(n)

Interference with public safety telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications.

(o)

Additional submittal requirements.

(1)

In addition to the information required elsewhere in this chapter for an application for a building permit for towers and their antennas, applications for conditional use permits for such towers shall include the following supplemental information:

a.

A report from a qualified and licensed professional engineer which does the following:

1.

Describes the tower height and design including a cross section and elevation;

2.

Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;

3.

Describes the tower's capacity, including the number and type of antennas that it can accommodate; and

b.

For all personal wireless service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use, so long as there is no negative structural impact upon the tower and there is no disruption to the service provided.

(2)

Before the issuance of a building permit, the following supplemental information shall be submitted:

a.

Confirmation that the proposed tower complies with the requirements of the Federal Aviation Administration, Federal Communications Commission, and any appropriate state review authority or that the tower is exempt from those regulations; and

b.

A report from a qualified and licensed professional engineer that demonstrates the tower's compliance with the applicable structural and electrical, but not radio frequency, standards.

(p)

Exemptions. The following antennas are exempt from the requirements under this section except as otherwise provided in this subsection:

(1)

Satellite earth station antennas no more than ten feet in height that are two meters or less in diameter and located or proposed to be located in a business district;

(2)

Antennas designed to receive signals as follows:

a.

Antennas that are one meter or less in diameter and that are designed to receive direct broadcast satellite service, including direct-to-home satellite services;

b.

Antennas that are one meter or less in diameter and that are designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services; or

c.

Antennas designed to receive television broadcast signals;

(3)

Antennas exempted under this section are subject to the following requirements:

a.

Antennas (including antenna cables) shall be designed to blend into the surrounding environment through the use of appropriate colors, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration;

b.

No lighting, signage, advertising, or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities;

c.

Antennas and any guy wires or guy wire anchors shall not be erected within a public or private utility and drainage easements, and shall be set back a minimum of five feet from all lot lines;

d.

Antennas shall meet the setback requirements specified under this section and, to the extent feasible, placed in a position that is not visible from the street, unless placement in accordance with these requirements would impair reception of an acceptable signal;

e.

Ground-mounted antennas shall not exceed ten feet in height and all other antennas must meet the height limitations in this section, unless the applicable height limitation would impair reception of an acceptable signal; in which case, antennas shall be limited to the minimum height necessary to obtain an acceptable signal;

f.

Antennas shall not be constructed, installed, or maintained so as to create a safety hazard or cause damage to the property of other persons;

g.

With the exception of necessary electric and telephone service and connection lines approved by the city, no part of any antenna nor any lines, cable, equipment, or wires or braces in connection with the antenna shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line;

h.

Antennas, masts, and supporting cables shall conform to the latest structural standards and wind loading requirements of the Minnesota State Building Code and the electronics industry association and any other applicable reviewing agencies;

(4)

Satellite earth station antennas no more than ten feet in height, and satellite earth station antennas in excess of one meter in diameter and antennas designed to receive direct broadcast services or multichannel multipoint distribution services in excess of one meter in diameter may be allowed as a conditional use within the residential zoning districts of the city and, in addition to the requirements of this section, shall comply with the following standards:

a.

The lot on which the antenna is located shall be of sufficient size to assure that an obstruction-free receive window can be maintained within the limits of the property ownership;

b.

Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the antenna in a manner in which growth of the landscape elements will not interfere with the receive window;

c.

The antenna is not greater than three meters in diameter; and

d.

The conditional use permit provisions of this chapter are considered and determined to be satisfied;

(5)

Satellite earth station antennas in excess of two meters in diameter and antennas designed to receive direct broadcast services or multichannel multipoint distribution services in excess of one meter in diameter are allowed as a conditional use within the B-1, B-2, B-3, P-1, P-1/R-1, and P-1/B-2 districts of the city and, in addition to the requirements of this section, shall comply with the following standards:

a.

The lot on which the antenna is located shall be of sufficient size to assure that an obstruction-free transmit-receive window or windows can be maintained within the limits of the property ownership;

b.

Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window; and

c.

The conditional use permit provisions of this chapter are considered and determined to be satisfied.

(q)

Violations. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor.

(Code 1993, § 9-2.07(2); Ord. No. 0-97-01, § 1, 2-12-1997; Ord. No. 97-07, § 3, 9-24-1997)