(A) Purpose. Establish regulations that protect the public health, safety, and general welfare of the community, for the siting, construction, and maintenance of wireless communication towers (WCT) and similar facilities within the city. This does not pertain to amateur radio, or receive only antennas or structures.
(B) Objectives. The regulations of this section are intended to:
(1) Maximize the use of existing approved structures for siting new antennas in order to reduce the number of new towers needed to serve the community;
(2) Provide for the appropriate location and development of antennas and towers within the city;
(3) Minimize adverse visual effects of wireless communication towers through siting standards; and
(4) Utilize standard structural and setback requirements to avoid potential damage to adjacent properties from antenna and tower failure.
(C) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ANTENNA. Any device or equipment used for the transmission or reception of electromagnetic waves, which may include omni-directional antenna, directional antenna, or parabolic antenna.
CO-LOCATION. The location of more than one antenna or set of antennas on the same wireless communication tower or structure.
ENGINEER. Any person practicing as a professional engineer shall be duly licensed and certified under the guidelines stipulated in M.S. Chapter 326, as it may be amended from time to time, for their particular field.
FAA. Federal Aviation Administration.
FCC. Federal Communication Commission.
HEIGHT. The distance measured from the ground level at the base of the tower or structure to the highest point on a tower or structure.
TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, such as monopoles and similar structures.
TOWER ACCESSORY STRUCTURE. Any structure located at the base of a tower for housing receiving or transmitting equipment.
WIRELESS COMMUNICATION. Any personal wireless services as defined in the Federal Communications Act of 1996, being 47 U.S.C. §§ 151 et seq., including FCC licensed commercial wireless telecommunications services such as cellular, personal communication services (PCS), paging, and similar services that currently exist or may be developed.
(D) Conditional use. Wireless communication towers and similar facilities are a conditional use within all zoning districts subject to the following performance standards.
(1) Permit required. It shall be unlawful for any person, firm, or corporation to erect, construct, place, replace, or structurally repair any wireless communication tower or adjoining/accessory buildings without first making application to the Zoning Administrator and securing appropriate permit approval. Building permits are not required for adjustment or replacement of the elements of an antenna array affixed to a tower or antenna. All applications shall be accompanied by a coverage/interference and capacity analysis, including a technical evaluation of existing and proposed transmissions indicating all potential interference problems including, but not limited to, residential broadcast reception and public safety communications. All applications must demonstrate compliance with existing FCC, FAA, the State Building Code, and other pertinent regulations. As regulations change, wireless communication operators must demonstrate continued compliance at their expense. All subsequent co-locators must apply for individual building and conditional use permits in conformance to this chapter.
(2) Permitted locations. No wireless communication tower shall be erected in the city unless the applicant demonstrates that the equipment planned for the purpose of the proposed wireless communication cannot be accommodated on the existing or approved tower, building, or structure within a one-mile search 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 structure, as documented by a qualified and licensed professional engineer; and the existing or approved structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
(b) The planned equipment would cause interference materially impacting the usability of 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) Existing or approved wireless communication towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
(d) Other unforeseen reasons that make it impossible to locate the planned equipment upon an existing or approved structure.
(E) Design standards. All applications must meet the following minimum requirements.
(1) All towers and antennas shall comply with all FCC and FAA rules and regulations. Wireless communication towers attached to a building or existing structure shall comply with the setbacks of the zoning district and shall not exceed 20 feet in height beyond the top of the primary structure. Free-standing towers shall be set back one foot from any property line or building for each one foot of structural height. Free-standing towers shall not be located in a front yard, nor shall any part of the antenna or tower extend across or over any part of the public right-of-way, street, highway, or sidewalk. The base of any free-standing tower or antenna shall occupy not more than 500 square feet and the top of the tower shall be no larger than the base.
(2) Towers and antennae shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration (FAA).
(3) Towers shall be without the use of wires, cables, beams, or other, the design shall utilize a monopole configuration that is designed to collapse in on itself in the event of structural damage. Design and installation of towers and antennas shall comply with all applicable federal and state standards, including FCC and FAA standards and the current State Building Code, and shall be approved and stamped by a licensed professional structural engineer. The City Council may allow an alternative tower design if it would better blend into the surrounding neighborhood.
(4) Towers shall be designed to allow the future co-location of equipment at varying heights. Tower operators are required to accept co-location of communication equipment if reasonable and necessary and shall not make such co-location economically prohibitive. Towers over 150 feet in height shall be designed for co-location of at least three additional antennas. Towers of 125 feet to less than 150 feet shall be designed for co-location of at least two additional antennas. Towers of 100 feet to less than 125 feet shall be designed for co-location of at least one additional antenna. Subsequent co-locators are subject to the same provisions and procedures as the primary conditional use applicant.
(5) Towers shall not be illuminated by artificial means unless such light is required by federal (FAA) or state regulations; towers may be used to illuminate ball fields, parking lots, or similar areas and for crime preventative measures.
(6) The use of any portion of a tower for signs other than required warning or equipment information is prohibited. All mechanical and utility equipment shall be enclosed in an approved structure or cabinet; all buildings and structures shall meet the minimum performance standards in that zoning district.
(7) The ground level perimeter may be required to be screened with pre-approved landscaping and/or fencing at the operator’s expense. The tower shall be reasonably protected against unauthorized access and vandalism.
(8) All construction, installation, wiring, and maintenance of towers shall not create a safety hazard or damage to the property of others, nor interfere with public safety communications.
(9) Operators shall remove abandoned, unused towers and similar structures within 12 months of the cessation of operations and restore the area to its original condition. Failure to abide by this condition will result in the city removing the structure and assessing costs to the property or operator.
(10) All wireless communication facilities that are in existence as of the date of this chapter may continue to operate, but may not be replaced or structurally altered without complying in all respects to this code. This does not include routine adjustment or replacement of the primary or co-location antennae.
(11) When the property’s use no longer conforms to this chapter, any existing tower shall be removed prior to preliminary plat approval or building permit issuance, whichever occurs first.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)