(A) No towers may be constructed in the Mississippi River Critical Area Overlay.
(B) All towers must be considered conditional uses in all districts, unless modified by this section.
(C) Towers and antennas in parks: In addition to the other conditions outlined in this section, towers and antennas in parks must meet the following additional conditions:
(1) The site must meet the definition of a public park elsewhere in this chapter.
(2) The applicant must obtain a valid lease from the appropriate city, county or state agency.
(D) Antennas and similar communication devices mounted on roofs, walls, and existing towers (excluding satellite dishes): The placement of antennas and other communication devices on roofs, walls, and existing towers may be considered a permitted use in all districts zoned for Public Institution (PI), high density residential (R-5, R-6, R-7), business (B-1, B-2, B-3, BP, I), those areas of the PCDD and PUD districts guided for high density residential, commercial or industrial, and on those parcels zoned residential but not used for residential purposes (such as religious institutions), provided they meet the requirements of all applicable City Codes and all of the following:
(1) Roof-mounted antennas must be no more than 15 feet in height.
(2) Roof-mounted antennas and their accessory equipment/buildings must be setback from the edge of the principal building or structure a distance equal to the height of the antenna, equipment or building.
(3) Installation of the antennas requires a building permit. The applicant must submit a report prepared by a qualified professional engineer, licensed by the State of Minnesota, indicating the existing structure or tower’s suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment must be indicated.
(4) All other antennas may be considered conditional unless otherwise modified in this chapter.
(5) Proof of non-interference with public safety telecommunications: Each application for construction of wireless communication equipment includes a statement from a qualified professional engineer licensed by the State of Minnesota that the construction of the tower, including reception and transmission functions, will not interfere with public safety telecommunications, provided however, that no application requires any statement regarding the environmental effects of radio frequency emissions to the extent that the wireless telecommunication equipment complies with FCC regulations concerning such emissions. Before the introduction of any new service or changes in existing service, telecommunication providers must notify the city and the Hennepin County Sheriff’s Radio Systems Manager at least ten calendar days in advance of such changes to allow interference levels to be monitored during the testing process.
(E) Satellite or microwave dishes: Dishes may be considered permitted in all districts, provided they meet all of the following:
(1) The communication sending and/or receiving dish is accessory to the primary use on the site.
(2) The dish is not located within any of the building setbacks, unless it is one meter or less in diameter and attached to a building.
(3) When placed on a flat roof, the dish must be setback from the edge of the building a distance equal to the height of the dish, unless it is one meter or less in diameter. The height of the dish cannot exceed 15 feet.
(4) Dishes over one meter in diameter may not be placed on a residential roof when visible from a public right-of-way.
(5) When placed on the ground, setbacks from other properties are at least equal to the height of the communication device.
(6) No more than one satellite dish over one meter in diameter may be permitted on any one property zoned for residential uses and two satellite dishes over one meter in diameter are permitted on any one property zoned for business uses.
(7) All other satellite dishes are considered conditional uses, except for the number allowed per parcel, unless otherwise modified in this chapter.
(8) No satellite dishes may exceed five feet in diameter.
(F) Lighting: Towers and antennas may not be artificially lighted except if required by the FAA unless they are incorporated into the approved design of the tower, such as light fixtures illuminating ball fields, parking lots, or a similar use.
(G) Construction and design requirements: Proposed or modified towers and antennas must meet the following design requirements:
(1) All towers and antennas erected, constructed or located within the city, and all wiring must comply with the requirements set forth in the Minnesota Building Code.
(2) Towers and antennas must be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except when otherwise dictated by federal or state authorities. The telecommunications facilities must use as many stealth design techniques as reasonably possible. Economic considerations alone are not justification for failing to provide stealth design techniques.
(3) Commercial wireless telecommunication service towers intended primarily for the support of their related antennas must be self-supporting monopoles unless the City Council determines that an alternative design would better blend into the surrounding environment. The use of guyed towers is prohibited.
(H) Permanent platforms or other structures exclusive of antennas that serve to increase off-site visibility are prohibited.
(I) The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
(J) Accessory buildings and equipment: All accessory equipment related to towers and antennas must be housed within an existing structure whenever possible. Any new accessory buildings, lockers, and/or ground mounted equipment must meet the following:
(2) They must meet the minimum setback requirements of the underlying zoning district, unless they are located on the roof of the principal building, in which case they must be setback from the edge a distance equal to their height.
(3) Unless the accessory equipment is mounted on an existing structure or housed within an existing structure, the city may require a security fence around the base of the tower and/or accessory equipment. If required, the security fence must have a maximum opacity of 50% and meet the fencing requirements elsewhere in the City Code.
(K) Maintenance hours: Non-emergency maintenance of towers, antennas and associated equipment must be completed between the hours of 7:00 a.m. and 7:00 p.m. for all towers within 1,000 feet of a residential district.
(L) Collocation requirements. All towers erected, constructed, or located within the city to support antennas for wireless communication service providers as defined in §152.008, must comply with the following requirements:
(1) The City Council will not approve a proposal for a new tower unless it finds that the antennas cannot be accommodated on an existing or approved tower or building within a one mile search radius (one half-mile search radius for towers 120 feet or less 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 professional engineer licensed by the State of Minnesota and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment.
(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 professional engineer licensed by the State of Minnesota and the interference cannot be prevented.
(c) Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function as documented by a qualified professional engineer licensed by the State of Minnesota.
(d) Written documentation that the applicant made a good faith, diligent, but unsuccessful effort to install or collocate the antenna(e) within the defined search radius. The documentation must include the names, addresses and telephone numbers of all owners of other towers, buildings, or other structures of appropriate height, including those on city-owned property.
(e) Other unforeseen circumstances as approved by Council.
(2) Any proposed tower intended to support antennas for wireless communication service providers, as defined in § 152.008, and its proposed site must be designed structurally, electrically, and in all respects, to accommodate both the applicant’s antennas and accessory equipment and comparable antennas and equipment for at least two additional users if the tower is over 100 feet in height and for at least one additional user if the tower is between 60 to 100 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. Alternative designs for towers with more than three users may be approved by the City Council, if they prevent the construction of multiple towers and are found to be compatible with the neighborhood.
(3) Any tower proposed at less than 75 feet must be constructed with a foundation adequate to accommodate an additional 20 feet of height to accommodate an additional user. The applicant must provide written evidence that they will allow the extra height added to their tower with a reasonable request for a collocation lease.
(M) Tower and/or antenna setbacks. Towers and antennas must meet the setbacks of the underlying zoning district, unless modified by the following:
(1) A tower’s setback may be reduced or its location in relation to a public street varied, 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 standard, power line support device, or similar structure.
(2) In Business Park (BP) and Industrial (I) zoning districts, towers and/or antennas may encroach into the rear setback area, provided that the rear property line abuts another property in the Business Park (BP) or Industrial (I) district and the tower does not encroach upon any easements.
(3) All towers and/or antennas must be set back from planned public rights-of-way as documented in city corridor studies, the Comprehensive Plan, or the appropriate county or state plans, by a minimum distance equal to one half of the height of the tower including all antennas and attachments.
(4) If applicable, setbacks for towers and/or antennas must be determined for the full height of the proposed tower, including extension/expansion height as may be required elsewhere in this chapter.
(5) Towers in residential districts shall be setback a distance equal to four times the height of the structure.
(6) Towers in districts adjacent to residential parcels used primarily or guided for residential purposes shall be setback a distance equal to two times the height of the tower.
(N) Height. The height of a tower and/or antenna may 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 or attached to other structures, the combined height of the structure and tower must meet the height restrictions of this section. In addition, all towers must meet the following:
(1) In all residential zoning districts on parcels other than those used primarily for residential purposes, the maximum height of any tower, including all antennas and other attachments, may not exceed one foot for each four feet the tower is setback from residential parcels used primarily or guided for residential purposes, up to a maximum height of 125 feet.
(2) In all non-residential zoning districts, the maximum height of any tower, including all antennas and other attachments, may not exceed one foot for each two feet the tower is setback from residential parcels used primarily or guided for residential purposes up to a maximum height of 125 feet.
(O) Preference for identification of tower sites. The following preferences shall be followed in site selection for new towers when collocation is not possible:
(1) Existing buildings or structures;
(2) Public institution sites;
(3) Sites zoned BP or I;
(4) Sites zoned B3 or B4;
(5) Sites zoned B1 or B2;
(6) Other properties consistent with provisions of this subchapter.
(Ord. 2000-936; Am. Ord. 2004-1029, passed 12-13-04)