A. Purpose. In order to accommodate the needs of existing and future commercial broadcasters while protecting the public health, safety, and general welfare of the community, the City Council finds that these regulations are necessary in order to:
1. Reserve appropriately located areas for broadcast towers, accessory equipment and structures, broadcast buildings, and related broadcast Uses (such terms being hereinafter defined);
2. Provide for the operation and use of broadcast towers, accessory equipment and structures, broadcast buildings, and related broadcast uses pursuant to Interim Use Permits.
3. Establish and maintain high standards of construction, maintenance and operation of broadcast towers, accessory equipment and structures, broadcast buildings, and related broadcast uses, while protecting the health and safety of surrounding property users.
B. Interim Use Permit Required. It shall be unlawful for any person, firm, or corporation to erect, construct in place, place or re-erect, or replace any broadcast tower without first making application to the City and securing an interim use permit therefore as hereinafter provided. The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the broadcast tower will not create a safety hazard or damage to the property of other persons. Routine maintenance of broadcast towers and related structures shall not require the issuance of an interim use permit.
C. Lot size. The property on which the broadcast tower exists or shall exist shall be no less than five (5) acres in size.
D. Setbacks. Uses on Property on which an interim use permit for a broadcast tower is granted shall comply with the following setbacks:
1. Guyed broadcast tower - minimum setback from the property line shall be as described in the original Interim Use Permit issued hereunder to the property owner.
2. Guy wire anchors - minimum setback from the property line for the above ground portion of a guy wire anchor shall be twenty (20) feet; no minimum setback for the below ground portion of a guy wire anchor.
3. Self-supporting tower - minimum setback from the property line shall equal the height above ground of the self-supporting tower.
4. Outside material and refuse storage - minimum setback from the property line shall be two hundred (200) feet.
E. Height. The maximum height of a broadcast tower shall be five hundred (500) feet in height above ground level. The maximum height for any broadcast building shall be thirty-five (35) feet. Accessory equipment mounted on top of a Broadcast Building shall be screened from view from adjacent property or public right-of-way.
F. Lot Coverage. The maximum lot coverage of all improvements shall be fifty (50) percent.
G. Parking. Parking spaces shall be provided at a ratio of one and one-half (1.5) spaces per employee on the site.
H. Outside Material Storage. Any materials, supplies or equipment, other than accessory equipment and structures, stored outside shall be within approved outside storage areas which shall not exceed one thousand (1,000) square feet in the aggregate. Outside storage areas shall be screened and/or fenced as approved by the City Council to minimize the visual impact of the area and the surface shall be maintained in such a manner that dust and other wind generated materials are kept to a minimum.
I. Refuse Storage. All waste materials, debris, refuse and garbage shall be properly contained in a closed container designed for such purposes. Said containers shall be stored within a fully enclosed building or in an area screened and/or fenced as approved by the City Council.
J. Signs and Advertising. The use of any portion of a broadcast tower for signs other than warning or equipment information signs is prohibited.
K. Broadcast Tower Lighting. Broadcast 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 (FAA) or other federal or state authority for a particular broadcast tower. If such lighting is required, then the broadcast tower shall utilize a dual lighting system which includes red lights for nighttime and medium intensity flashing white lights for daytime and twilight use consistent with FAA rules and regulations.
L. Abandoned or Unused Towers or Portions of Towers. Abandoned or unused broadcast towers or portions of broadcast towers shall be removed as follows:
1. All abandoned or unused broadcast towers and associated facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the City Council. A copy of the relevant portions of a signed lease which requires the applicant to remove the Broadcast Tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a broadcast tower is not removed within twelve (12) months of the cessation of operations at a site, the broadcast tower and associated facilities may be removed by the City and the costs of removal assessed against the property.
2. Unused portions of broadcast towers above a manufactured connection shall be removed within six (6) months of the time of antenna relocation.
M. Required Documentation. The following shall be submitted at the time of application for an Interim Use Permit:
1. Site Plan. A plan or plans drawn to scale approved by the City including the following information and detail:
(a) A boundary survey of the property.
(b) A two-foot contour map of the property.
(c) Locations of existing and proposed public utilities and easements, each broadcast tower, accessory equipment and structures, broadcast buildings, related broadcast uses and other uses.
(d) Ground elevations for broadcast towers and or accessory equipment and structures.
2. Tower Diagram. A detailed drawing of the broadcast tower structure clearly describing the height of the structure and all equipment located on the structure drawn to a scale.
3. Structural Integrity Report. A report prepared by a registered engineer stating that the configuration of the tower structure complies with applicable Federal or State of Minnesota safety regulations, or, in the case of the addition or replacement of a broadcast tower described in the original Interim Use Permit issued thereunder to the property owner, a report prepared by a registered engineer stating that the design and proposed method of constructing such added or replaced tower complies with applicable Federal and State of Minnesota safety regulations.
[§ 7A-818, formerly §7A-835, added by Ord. No. 96-11, effective Feb. 13, 1998, and amended by Ord. No. 02-01, effective May 17, 2002, § 7A-817, formerly 7A-818 amended (renumbered) by Ord. No. 04-04A, effective June 3, 2004, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-06, effective July 30, 2009; amended by Ord. No. 21-09, effective December 8, 2021.],