(A) Purpose and intent. These regulations are established to accommodate the communication needs of residents and businesses while protecting the public health, safety and general welfare of the community. The regulations set forth provisions to provide efficient service while minimizing any potential adverse impacts through regulatory design and dimensional standards.
(B) Tower location(s). The following requirements apply to any tower placed within a residential, commercial or industrial zoned district:
(1) Towers supporting amateur radio antennas and conforming to all applicable provisions of this Code are allowed only in the rear yard of residential zoned property; and
(2) Towers supporting commercial antennas and conforming to all applicable provisions of this Code are allowed only upon the following residential/commercial/industrial zoned property under conditional use permits:
(a) Church sites, when camouflaged as steeples, bell towers or other architecturally compatible structures;
(b) Park sites or other city owned property, when compatible with site conditions and adjacent uses; shall be subject to the issuance of a lease with the City of Dilworth;
(c) Government, school, utility, and institutional sites; and
(d) Industrial zone property.
(C) Co-location requirement. All commercial wireless telecommunication towers erected, constructed, or located within the city must be approved through a conditional use permit and comply with the following requirements:
(1) A proposal for a new commercial wireless telecommunications tower must not be approved unless the applicant proves that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a reasonable 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 tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced or modified 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 professional engineer and the interference cannot be prevented at a reasonable cost;
(c) Existing or approved towers and building within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified professional engineer; or
(d) Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
(2) Any proposed commercial telecommunications tower must be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user.
(D) Tower construction requirements. All towers erected, constructed, or located within the city, and all wiring therefore, must comply with the Minnesota State Building Code.
(E) Tower and antenna design requirements. Proposed or modified towers and antennas must meet the following design requirements:
(1) Towers and antennas must be designed to blend into the surrounding environment through the use of color or other treatments, except in instances where the color/treatment is dictated by federal or state authorities such as the Federal Aviation Administration; and
(2) Commercial wireless telecommunication towers must be a monopole design unless the City Council determines that an alternative design would blend more appropriately into the surrounding environment. Additionally, the applicant shall be responsible for providing adequate evidence to the city that an alternative design is necessary to successfully engage in commercial telecommunication services.
(F) Setbacks. Towers shall conform to the following minimum setback requirements:
(1) Towers must meet the setbacks of the underlying zoning district and may not encroach upon any easement, unless otherwise authorized by easement grantee and any other applicable person/entity, including easement grantor(s);
(2) Towers must be setback from the public right-of-way a minimum distance equal to one-half of the height of the tower including all antennas and attachments;
(3) Towers may not be located between a principal structure and a public street within a front or side yard, with the following exceptions:
(a) In industrial zoning districts, towers may be placed within a side yard abutting an internal industrially zoned street; and
(b) On sites adjacent to public streets (enclosed by public right-of-way), towers may be placed within a side yard abutting a local street.
(4) A tower's setback may be reduced or its location in relation to a public street adjusted, 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 or if the applicant provides evidence that a setback reduction is necessary to successfully engage in commercial telecommunication services.
(G) Tower height. All proposed towers must meet the following height limitations:
(1) The height of towers will be determined by measuring the vertical distance from the tower's center point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower must meet the height restrictions; and
(2) Towers must conform to the following height restrictions:
(a) In all residential zoning districts, the maximum height of any tower, including antennas and other attachments, will be the maximum height restriction for primary structures within that zoning district;
(b) In all non-residential zoning districts, the maximum height of any tower, including all antennas and other attachments, must not exceed one foot for each two feet the tower is setback from a residential zoning district or a maximum height of 150 feet, whichever is less, unless the applicant provides evidence to the city that the proposed tower height is technically necessary to successfully engage in commercial communication services; and
(c) All towers shall conform to these maximum height restrictions, unless located upon public buildings and utility structures, church sanctuaries, steeples and bell towers.
(H) Tower lighting. Towers shall not be illuminated by artificial means and not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.
(I) Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information is prohibited.
(J) Screening. All structures/buildings accessory to the tower must be screened in accordance with the requirements stipulated in the conditional use permit.
(K) Abandoned or unused towers - portions of towers. All abandoned, unused towers and associated facilities must be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the City Council. 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 assessed against the property.
(L) Antennas mounted on roofs, walls and existing towers.
(1) The placement of commercial wireless telecommunication antennas in C-1, C-2, C-3, I-1 and I-2 Districts on roofs, walls and existing towers may be approved by resolution of the City Council provided the antennas meet the requirements of this section. Requests under this division must be accompanied by a final site plan, building plan and a report prepared by a qualified professional engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method for affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment must be indicated.
(2) Private wireless communication antennas, such as satellite dishes and other similar antennas, are permitted uses in all residential districts to a maximum height of 15 feet and may not be located in a required front or side yard setback; except for private wireless communication antennas less than 30 inches in diameter which may be located within a required front or side yard setback if mounted upon a residential structure.
(M) Interference with public safety telecommunication. No new or existing telecommunications service may interfere with public safety telecommunications. Before the introduction of new service, changes in frequencies or maximum signal output, telecommunication providers must notify the city at least ten calendar days in advance of such changes and allow the city to monitor interference levels during the testing process.
(N) Towers/antennas upon public right-of-way and public property. With the exception of the necessary electric, telephone service and connection lines approved by the city, no part of any antenna or tower nor any lines, cable, equipment, wire or braces in connection with either may at any time extend across or over any part of the public right-of-way, public street, highway, sidewalk, or property line.
(O) Additional submittal requirements. In addition to the information required elsewhere in this section, development applications for towers must include the following supplemental information:
(1) Descriptions of the tower height and design including cross-section elevation(s);
(2) Documentation of the height above grade for all potential mounting positions for collated antennas and the minimum separation distances between antennas;
(3) Descriptions of the tower's capacity, including the number and type of antennas that can be accommodated;
(4) Documentation regarding what steps the applicant will take to avoid interference with established public safety telecommunications;
(5) Other information necessary to evaluate the request, as determined applicable by the city;
(6) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successor to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use; and
(7) Before the issuance of a building permit, the following supplemental information must be submitted:
(a) Proof that the proposed tower complies with regulations administered by Federal Aviation Administration; and
(b) A report from a qualified professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical standards.
(Ord. passed - -)