(A) Purpose. The Council finds that regulations are necessary to accommodate the communication service facilities to benefit the needs of residents and businesses while protecting the public health, safety, and general welfare of the community. These regulations are necessary to:
(1) Provide for the appropriate locations for the development of communication facilities to serve the residents and businesses of the city;
(2) Minimize adverse visual effects of communication towers and other facilities through careful design and siting standards;
(3) Avoid potential tower failure damage to adjacent properties through structural standards and setback requirements; and
(4) Maximize the use of existing and approved towers, buildings, and other structures to accommodate wireless telecommunication devices to reduce the number of towers needed to serve the community.
(B) Existing antennas and towers.
(1) Previous licensees, owners, operators, or secured parties must remove all abandoned or unused towers or associated facilities and equipment within 12 months of the cessation of operations at the site. Cessation of operations means the removal of the antennas from the tower or the cessation of electricity and/or phone service to the site.
(2) All hazardous towers or associated facilities and equipment as defined in the Uniform Building Codes definition of hazardous structures must be removed from the property within a maximum of 60 days of the date of the hazardous determination by the city. The city may require more expeditious removal based on the nature of the hazard.
(C) General requirements.
(1) No towers may be constructed in the Mississippi River Critical Area Overlay.
(2) Towers and antennas in parks must obtain a valid lease from the appropriate city, county, or state agency.
(3) 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.
(4) Roof or wall-mounted communication devices (excluding satellite dishes) shall adhere to the following standards.
(a) Roof-mounted antennas must be no more than 15 feet in height.
(b) 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.
(c) 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.
(d) All other antennas may be considered conditional unless otherwise modified in this chapter.
(e) 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.
(5) Construction and design requirements. Proposed or modified towers and antennas must meet the following design requirements:
(a) 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;
(b) 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; and
(c) 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.
(6) Permanent platforms or other structures exclusive of antennas that serve to increase off-site visibility are prohibited.
(7) The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
(8) 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:
(b) 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.
(c) 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.
(9) Maintenance hours. Nonemergency 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.
(10) Collocation requirements. All towers erected, constructed, or located within the city to support antennas for wireless communication service providers as defined in § 152.105, must comply with the following requirements:
(a) 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:
1. 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;
2. 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;
3. 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;
4. 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; and
5. Other unforeseen circumstances as approved by Council.
(b) Any proposed tower intended to support antennas for wireless communication service providers, as defined in § 152.105, 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; and
(c) 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.
(11) Tower and/or antenna setbacks. Towers and antennas must meet the setbacks of the underlying zoning district, unless modified by the following:
(a) 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;
(b) 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;
(c) 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;
(d) 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;
(e) Towers in residential districts shall be setback a distance equal to four times the height of the structure; and
(f) 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.
(12) Height. Height 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:
(a) 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; and
(b) In all nonresidential 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.
(13) Preference for identification of tower sites. The following preferences shall be followed in site selection for new towers when collocation is not possible:
(a) Existing buildings or structures;
(b) Public institution sites;
(c) Sites zoned BP or I;
(d) Sites zoned B-3 or B-4;
(e) Sites zoned B-1 or B-2; and
(f) Other properties consistent with provisions of this subchapter.
(D) Towers and antennas in residential areas. All towers and antennas in the following residential and mixed-use districts: R-1, R-2, R-3, R-4, R-5, and in those areas in the PDO guided for low and medium residential development must comply to the following:
(1) Radio and television towers and antennas. Proposed towers for personal radio and television antennas located on parcels zoned residential and used primarily for residential purposes may be considered permitted if they meet the following conditions:
(a) The tower and/or antennas, including all accessory antennas and other attachments, is (are) at or below the maximum height as regulated elsewhere in the city code;
(b) It meets the setbacks of the underlying district;
(c) It is located to the rear of the property; and
(d) Only one tower is allowed per parcel.
(2) Personal (non-commercial) radio and television towers and antennas that exceed the maximum height defined elsewhere in the city code and commercial towers shall be considered conditional uses in residential districts. Commercial towers may only be allowed as a conditional use on the following parcels:
(a) Religious institution sites, when constructed in or as part of a steeple, spire, bell tower or similar architectural feature;
(b) Park sites, if conformance with this section are met to the satisfaction of the city; and
(c) Government, school, utility, and institutional uses.
(E) Additional submittal requirements. In addition to the information required elsewhere in this code, conditional use permit applications for towers require the following supplemental information:
(1) A report from a qualified professional engineer licensed by the State of Minnesota which:
(a) Describes the tower's capacity, including the number and type of antennas that it can accommodate; and
(b) Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas.
(2) 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.
(3) A copy of the relevant portions of a signed lease which require the applicant to remove the tower and associated facilities when they are abandoned, unused or become hazardous may be submitted as a requirement of the conditional use permit before any building permits may be issued.
(4) In the event that a tower is not removed within 12 months, the tower and associated facilities may be removed by the city and the costs of removal, as well as any city staff time spent in processing the removal, may be assessed against the property.
(5) Proposals to erect new towers must be accompanied by any required federal or state agency licenses.
(6) A signed statement that certifies that the proposed tower complies with regulations administered by Federal Aviation Administration.
(7) All applications for towers erected, constructed, or located within the city to support antennas for wireless communication service providers, as defined elsewhere in this chapter, may be required to submit a current area plan map showing their existing towers and the search areas for the towers and antennas for which the conditional use permit application has been filed. The area map must include those towers and antennas (including existing and proposed in the conditional use permit application) within the city and a radius of one mile outside the city's boundaries.
(8) 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.
(F) Evaluation and monitoring. As a condition of approval for telecommunication facilities, the applicant must reimburse the city for its costs to retain outside expert technical assistance to evaluate any aspect of the proposed siting of telecommunications facilities, including but not limited to other possible sites within the city. The owner of a telecommunications facility must provide the city with current, technical evidence of compliance with FCC radiation emission requirements, annually or more frequently at the city's reasonable request. If the owner does not promptly provide the city with satisfactory technical evidence of FCC compliance, the city may carry out tests to ensure FCC radiation compliance using a qualified expert. The owner must reimburse the city for its reasonable costs in carrying out such compliance testing.
(Ord. 2024-1304, passed 7-29-24)