(A) Co-location requirements. All personal wireless communication towers erected, constructed,or located within the city shall comply with the following requirement:
(1) A proposal for a new personal wireless communication service tower shall not be approved unless it can be documented by the applicant that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-half mile radius 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 or modified to accommodate planned equipment at a reasonable cost;
(b) The planned equipment would cause interference with other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost;
(c) No existing or approved towers or commercial/industrial buildings within a half-mile radius meet the radio frequency (RF) design criteria;
(d) Existing or approved towers and commercial/industrial buildings within a one-half mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional radio frequency (RF) engineer; and/or
(e) The applicant must demonstrate that a good faith effort to co-locate on existing towers and structures within a one half mile radius was made, but an agreement could not be reached.
(B) Tower construction requirements. All towers erected, constructed, or located within the city, and all wiring therefor, shall comply with the following requirements:
(1) Monopoles using stealth technology are the preferred tower design. However, the city will consider alternative tower types in cases where structure (RF) design considerations, and/or the number of tenants required by the city preclude the use of a monopole.
(2) Towers and their antennas shall comply with all applicable provisions of this code.
(3) Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Minnesota Building Code as adopted by the city and all other applicable reviewing agencies.
(4) 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.
(5) Metal towers shall be constructed of, or treated with, corrosive resistant material.
(6) Any proposed communication service tower shall be designed, structurally, electrically, and all other respects to accommodate both the applicant's antennas and comparable antennas for at least one additional user. To allow for future rearrangement of antennas upon the tower, the tower shall be designed to accept antennas mounted at no less than 10-foot intervals.
(7) All towers shall be reasonably protected against unauthorized climbing. The bottom of the tower (measured from ground level to 12 feet above ground level) shall be designed in a manner to preclude unauthorized climbing and be enclosed by a six-foot high maintenance-free fence with a locked gate as approved by the city.
(8) All towers and their antennas shall utilize building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment to the greatest extent possible as determined by the city.
(9) No 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.
(10) Towers and their antennas shall not be illuminated by artificial means, except for camouflage purposes (e.g., designed as a lighted tower for a parking lot or a ball field) or the illumination is specifically required by the Federal Aviation Administration or other authority.
(11) No part of any antenna or tower, nor any lines, cable, equipment, wires, or braces shall at any time extend across or over any part of the right-of-way, public street, highway, or sidewalk, without approval by the city through the building permit approval process.
(12) All communication towers and their antennas shall be adequately insured for injury and property damage caused by collapse of the tower.
(13) All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the City Council. After the facilities are removed, the site shall be restored to its original or an improved state.
(14) In addition to the submittal requirements required elsewhere in this code, applications for building permits for towers and their antennas shall be accompanied by the following information:
(a) Written statements from the Federal Aviation Administration, Federal Communications Commission, and any appropriate state review authority stating that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations;
(b) A report from a qualified and licensed professional engineer which does the following: describes the tower height and design including a cross section and elevation; demonstrates the tower's compliance with the aforementioned structural and electrical standards; documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas; describes the tower's capacity, including the number and type of antennas that it can accommodate; and documents what steps the applicant will take to avoid interference with established public safety communications; and
(c) A letter of intent committing the tower owner and his or her successors to allow the shared use of the tower, as long as there is no negative structural impact upon the tower, and there is no disruption to the service provided.
(C) Antennas mounted on roofs, walls and existing towers. The placement of wireless communication antennas on roofs, walls, and existing towers may be permitted on public facilities, industrial buildings, and other commercial buildings with a building permit approved by the appropriate city staff. In addition to the submittal requirements required elsewhere in this Code, 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 Code.
(2) A building plan showing the construction of the antennas, the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this Code.
(3) A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's ability to support the antennas.
(4) An intermodulation study to ensure there will be no interference with existing tenants or public safety telecommunication providers.
(D) Obsolete or unused towers. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations unless a time extension is approved by the council. If a time extension is not approved, the tower may be deemed a nuisance pursuant to M.S. Ch. 429. In the event a tower is determined to be a nuisance, the city may act to abate such nuisance and require the removal of the tower at the property owner's expense. The owner shall provide the city with a copy of the notice of the Federal Communication Commission's intent to cease operations and shall be given 12 months from the date of ceasing operations to remove the obsolete tower and all accessory structures. In the case of multiple operators sharing the use of a single tower, this provision shall not become effective until all users cease operations for a period of 12 consecutive months. The equipment on the ground is not to be removed until the tower structure has first been dismantled. After the facilities are removed, the site shall be restored to its original or to an improved state.
(E) Tower standards and requirements.
Zoning District | Maximum Height | Distance from Structure (feet) | Setback from Property Line |
R-1, R-2, R-3, R-5 | 150 | 300 from residential | 1.5 x fall zone |
M-1 - M-8 | 150 | 300 from residential | 1.5 x fall zone |
LB, RB, BP, P | 200 | 2 x fall zone from structures on neighboring properties | 1.5 x fall zone |
GB, I-1, I-2 | 250 | 2 x fall zone from structures on neighboring properties | 1.5 x fall zone |
(1) For purposes of this division, the term FALL ZONE shall mean either:
(a) If the tower is constructed with an engineered breakpoint design, then the measured distance from ground level to the lowest engineered breakpoint in the tower or from the top of the tower to the lowest engineered breakpoint in the tower whichever is the greater distance, but in no case shall the fall zone be less than the distance equal to 50% the height of the tower and provided the applicant complies with the breakpoint design requirements set forth herein; or
(b) The height of the tower if the tower is not constructed with an engineered breakpoint design or the applicant fails to comply with the breakpoint design requirements.
In measuring the height of the tower or fall zone, all appurtenances located or intended to be located at the top of the tower, such as antennae, satellite dishes, lighting or illumination structures required by law or other equipment, shall be included.
(2) Breakpoint design requirements are:
(a) The tower shall be constructed using breakpoint design technology, whereby a specified point on the tower is designed to have stresses concentrated so that the point is more susceptible to structural failure than any other part of the tower so as to prevent structural failure at the base or any other part of the tower and the tower structure below the lowest engineered breakpoint shall be designed at 1.25 times the design requirements set forth in the Telecommunications Industry Association Standards ANSI/TIA 222 and Minnesota State Building Code, whichever is more restrictive; and
(b) The applicant submits to the city with the conditional use permit application a written statement from a Minnesota licensed structural engineer certifying:
1. That the design of the tower consists of breakpoint design technology and
2. The point of the tower (elevation height) at which the breakpoint is located; and
(c) If the tower is designed with one engineered breakpoint, the breakpoint shall not be located at a point in the tower that is less than 50% of the height of the tower, including any permanent base platform and any appurtenances located or intended to be located at the top of the tower.
(F) Transmitting, receiving, switching equipment and other ground equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving, and switching equipment, it shall be situated in the rear yard of the principal use and shall be properly screened in accordance with the requirements of this section.
(G) Small wireless facilities.
(1) The placement of small wireless facilities may be permitted on property on which communication towers are permitted. Small wireless facilities placed within a public right-of-way shall be subject to the public right-of-way management regulations elsewhere in this code.
(2) Small wireless facilities placed within a public right-of-way within or abutting a property zoned for residential or historical uses is not allowed except by conditional use permit subject to the conditional use general conditions set forth in this chapter and the following conditions:
(a) Height of all facilities shall not exceed the average height of all structures on the block or the maximum height of structures allowed in the district, whichever is less.
(b) All facilities shall be located in the public right-of-way within the area defined by the side yard drainage and utility easement area. If an area does not have drainage and utility easements, then the facilities shall be within five feet of a side property line.
(c) All facilities within the public right-of-way abutting the front or rear lot line of a property shall be located closest to the property line, furthest from the road centerline as possible, but no further back from the curb or any sidewalk or trail than ten feet.
(d) All facilities shall be located as near as practicable to intersections.
(e) All facilities shall be located to the extent practicable on existing poles and other structures currently in the right-of-way.
(f) Other conditions unique to the proposed placement of facilities in the right-of-way may be attached to protect the health, safety, and welfare of neighboring properties, other users of the right-of-way, and the public.
(Ord. 760, passed 10-14-04; Am. Ord. 796, passed 9-28-06; Am. Ord. 891, passed 8-26-10; Am. Ord. 1039, passed 2-8-18)