(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA. Equipment used for transmitting or receiving telecommunications, television, or radio signals, which is located on the exterior of, or outside of, any building or structure.
TOWER. Any pole, spire, or structure, or any combination thereof, to which an antenna is attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires, and braces.
(B) Permit required; exemptions.
(1) Permit required. No antenna or tower of any kind shall hereafter be erected, constructed, or placed, or re erected, reconstructed, or re placed, anywhere within the city without first making an application for and obtaining from the city a permit therefor.
(2) Exemptions. No permit shall be required for the following:
(a) All towers and antennas which do not exceed six feet in height;
(b) Antennas and towers used by the city for city purposes; or
(c) Antennas or towers erected temporarily for test purposes, emergency communication, or for broadcast remote pickup operations, provided that all requirements of divisions (D) through (F) are met, with the exception of division (D)(6), which is waived. Temporary antennas shall be removed within 72 hours.
(C) Application; fee. All applications for a permit required by this chapter shall be by land use permit and shall be accompanied by a fee as set forth in the Fee Schedule Ordinance on file in the city offices.
(D) Construction requirements and restrictions. All antennas and towers for which a permit is required shall comply with the following requirements.
(1) Antennas and towers shall be grounded for protection against a direct strike by lightning and shall comply, as to electrical wiring and connections, with all applicable city and state statutes, regulations, and standards.
(2) No antenna or tower shall exceed a height equal to the distance from the base of the antenna or tower to the nearest overhead electrical power line (except individual service drops), or less than five feet.
(3) Antennas and towers shall be protected to discourage climbing by unauthorized persons.
(4) No antenna or tower shall have affixed to it in any way any lights, reflectors, flashers, or other illuminating device, or any signs, banners, or placards of any kind, except one sign not over ten square inches indicating the name of the manufacturer and installer.
(5) No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or similar structure.
(6) All towers shall be constructed of corrosive resistant steel or other corrosive resistant, non combustible materials. Towers shall not be constructed or made of wood, including timber or logs.
(7) No part of any antenna or tower, nor any lines, cables, equipment, wires, or braces used in connection with any tower or antenna shall, at any time, extend across or over any part of a street, sidewalk, or alley.
(8) Any person erecting an antenna or tower within the city shall show proof of liability insurance covering personal injury or property damage in the event that damage or injury is caused by the structure.
(E) Location restrictions.
(1) No part of any tower or antenna shall be constructed, located, or maintained, at any time, permanently or temporarily, within any setback required by this chapter for a principal or accessory structure for the zoning district in which the antenna or tower is located.
(2) No antenna or tower shall be constructed, located, or maintained at any time, permanently or temporarily, in the front yard of any residential district.
(3) No person shall erect more than one antenna or tower on a residential parcel within the city.
(F) Telecommunications facilities.
(1) Purpose and intent. The purpose of this division is to establish predictable and balanced regulations for the siting and screening of wireless telecommunication equipment in order to accommodate the growth of wireless communication systems within the city while protecting the public against any adverse impacts on the city's aesthetic resources and the public welfare. This division recognizes that these wireless communication systems provide a valuable service to the public but that they are not a public utility. This division creates two categories of support structures for antennas. The first category consists of existing towers, water towers, and high density residential and non residential buildings, which this section favors in order to minimize the number of free standing towers needed to serve the community. The second category consists of all other support structures. The structures in this second category are all classified as free standing telecommunications towers even if they are intended to replace existing light poles, utility poles, or similar structures. Free standing towers are subject to increased standards to minimize their visual impact. One such standard is that towers must use state of the art stealth design techniques to disguise the towers and soften their views. A telecommunications company that does not currently use stealth technology will need to develop this capability in order to place free standing towers in this city. This section does not accept the lowest common denominator and challenges the telecommunications companies to improve their technology. This section allows minimal use of the public right of way for telecommunication antennas because that space should be reserved for public utilities and should be free of safety hazards. In addition, telecommunications facilities located in the right of way have the potential of being very visible to the traveling public. In order to locate in a public right of way, telecommunications companies must use improved technology to reduce the size and visibility of their facilities.
(2) Definitions. For the purposes of this division, the terms below have the meaning given to them, unless the context clearly indicates a different meaning:
ACCESSORY EQUIPMENT. The wires, cables, and other equipment or facilities that are used with antennas.
ANTENNA. A device used for transmitting or receiving telecommunication, television or radio signals that is used for personal wireless telecommunication service or any other purpose, except a device used for the private enjoyment of those on the premises where it is located, such as amateur radio antennas and antennas receiving television signals for viewing on site. ANTENNA also does not include a lightning rod.
ANTENNA SUPPORT STRUCTURE. An existing structure that is a telecommunications tower, high density residential or non residential building, water tower, or electric transmission tower carrying over 200 kilo volts of electricity, that can be used for the location of antennas without increasing the mass of the existing structure.
ENGINEER. An engineer licensed by the state of Minnesota, or an engineer acceptable to the city if licensing is not available.
STEALTH DESIGN. State of the art design techniques used to blend the object into the surrounding environment and to minimize the visual impact as much as reasonably possible. Examples of stealth design techniques include eliminating all horizontal projections; architecturally screening roof mounted antennas and accessory equipment; integrating telecommunications facilities into architectural elements; nestling telecommunications facilities into the surrounding landscape so that the topography or vegetation reduces their view; using the location that would result in the least amount of visibility to the public, minimizing the size and appearance of the telecommunications facilities; and designing telecommunications towers to appear other than as towers, such as light poles, power poles, flag poles, and trees.
TELECOMMUNICATIONS FACILITIES. Antennas, accessory equipment, and telecommunications towers.
TELECOMMUNICATIONS TOWER or TOWER. A free standing, self supporting lattice, guyed, or monopole structure constructed from grade intended to support antennas, except towers used for amateur radio operations.
(3) Administrative approval.
(a) The Zoning Administrator may grant administrative approval of the following telecommunication facilities:
1. Telecommunications facilities located on electric transmission towers carrying over 200 kilo volts of electricity.
2. Telecommunication facilities located on an antenna support structure that has already been approved by a conditional use permit as the location for a telecommunication facility, if the proposed facility does not involve a variance and is not accompanied by any other matter requiring consideration by the Planning Commission or City Council.
3. A one-time 15-foot extension of an existing monopole telecommunications structure or one time replacement of an existing monopole by a tower no greater than 15 feet taller than the existing monopole may be administratively approved if the proposed facility does not involve a variance and is not accompanied by any other matter requiring consideration by the Planning Commission and City Council; and
4. Telecommunication facilities that are attached to an existing public utility structure within a right of way if:
a. The telecommunication facility does not extend above the top of the existing utility structure and the height of the existing utility structure is not increased to accommodate the telecommunication facility;
b. Any replacement utility structure does not exceed the height of the existing utility structure, including the telecommunication facility, and does not exceed the diameter of the existing utility structure by more than 50%;
c. The telecommunication facility is no larger than three cubic feet and has no individual surface larger than four square feet;
d. The telecommunication facility uses stealth design as much as possible, but in no event extends outward from the utility structure beyond two and one-half feet or three feet for an antenna that is one-half inch in diameter or less;
e. There is no ground mounted equipment;
f. There is no interference with public safety communications or with the original use of the public utility structure; and
g. The telecommunication facility must be removed and relocated when the road authority requires the removal and relocation of the public utility structure.
(b) Administrative review and approval is subject to the following:
1. Submittal of a complete site and building plan review application, accompanied by a registered land survey, complete site plan, building elevations, and antenna elevations and be signed by a registered architect, civil engineer, landscape architect or other appropriate design professional;
2. Submittal of an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and capacity needs of the applicant's system. The applicant must also pay the reasonable expenses of a radio or electrical engineer retained by the city, at its option, to review this analysis; and
3. Submittal of any necessary easements and easement exhibits, which have been prepared by an attorney knowledgeable in the area of real estate and which are subject to the city attorney's approval.
(c) The Zoning Administrator will render a decision within 30 days and serve a copy of the decision upon the applicant by mail.
(d) Any person aggrieved by a decision of the Zoning Administrator may appeal the decision to the Planning Commission.
(4) Conditional use. Telecommunications facilities that are not eligible for administrative approval under division (F)(3)(c)3. are permitted only as a conditional use in all zoning districts and must be in compliance with the provisions of this section.
(a) Conditional use telecommunication facilities are subject to the review procedures outlined in § 152.087.
(b) Conditional use telecommunications facilities are subject to the following standards:
1. Residential and commercial zoning districts.
a. Telecommunication facilities may be located only on public or institutional property: in R-1 and R-2 Residential Districts and on property guided for low density residential in planned unit development districts subject the standards listed in divisions (4)(b)1.b. to (4)(b)1.e.. which follow;
b. An applicant must provide an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and capacity needs of its system and that there is no existing antenna support structure that could adequately serve the area if antennas were placed on it. The applicant must also pay the reasonable expenses of a radio or electrical engineer retained by the city, at its option, to review this analysis;
c. A telecommunications facility must use as many stealth design techniques as reasonably possible. Economic considerations alone are not justification for failing to provide stealth design techniques. The City Council may require that a different location be used if it would result in less public visibility, is available, and would meet the applicant's reasonable capacity and coverage needs; and
d. A telecommunications tower and antennas, including attachments other than lighting rods, must not exceed 75 feet in height, measured from grade. The City Council may increase this height to 90 feet if the increase in height would not have a significant impact on surrounding properties because of proximity, topography or screening by trees or buildings or would accommodate two or more users. The City Council may waive this height standard for a tower used wholly or partially for essential public services, such as public safety.
e. Telecommunications facilities may be located in public right of way of a major collector or arterial roadway as defined in the comprehensive plan, if they meet all of the following requirements:
(i) The facility is not located adjacent to residentially zoned property unless the applicant demonstrates by providing a study prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and capacity needs of its system and no other location is feasible in a non residential zone;
(ii) The facility must use as many stealth design techniques as reasonably possible. In particular, the antennas must be designed to minimize their size and appearance. Economic considerations alone are not justification for failing to provide stealth design techniques.
2. Commercial/Industrial Districts.
a. Antennas may be located in industrial districts on an antenna support structure, a public utility facility, or a telecommunications tower and may be on any right of way. Antennas on a right of way must also comply with the requirements in division (F)(5)(k), below.
b. In commercial/industrial districts, a telecommunications tower, including attachments other than lighting rods, may not exceed 150 feet in height, measured from grade. The City Council may allow towers up to 199 feet high if the applicant can demonstrate that off site views of the tower will be minimized by the topography of the site and surrounding area, the location of the tower, the tower design, the surrounding tree cover and structures, or the use of screening. The City Council may waive this height standard for a tower used wholly or partially for essential public services, such as public safety.
c. No part of a tower in an industrial district may have a horizontal area of more than 500 square feet.
d. An applicant must provide an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and capacity needs of its system and that there is no existing antenna support structure that could adequately serve the area if antennas were placed on it. The applicant must also pay the reasonable expenses of a radio or electrical engineer retained by the city, at its option, to review this analysis.
e. A telecommunications facility must use as many stealth design techniques as reasonably possible. Economic considerations alone are not justification for failing to provide stealth design techniques. The City Council may require that a different location be used if it would result in less public visibility, is available, and would meet the applicant's reasonable capacity and coverage needs.
(5) General standards. The following standards apply to all telecommunications facilities.
(a) Vertical projection on antenna support structures. Antennas mounted on an antenna support structure must not extend more than 15 feet above the height of the structure to which they are attached. Wall or facade mounted antennas may not extend above the cornice line and must be constructed of a material or color that matches the exterior of the building.
(b) Horizontal projection. Antennas must not project out from the side of the antenna support structure or tower, unless it is physically impossible to locate the antennas within the structure or tower, in which case they must not project out by more than three feet by more than three feet.
(c) Setbacks. A tower adjacent to a R-1, R-2, or R-3 zoning district must meet the building setback that is established for the district where it is to be located, but only from the residential zone. This setback is not required for a tower in a right of way. The city may waive this setback requirement if necessary to implement stealth design techniques or if the residentially zoned property is public or institutional property. An accessory equipment cabinet that is greater than 120 square feet in size must be at least ten feet from all property lines.
(d) Height. The height of an antenna and tower must be the minimum necessary to meet the applicant's coverage and capacity needs, as verified by an electrical engineer or other appropriate professional. The City Council may waive this requirement if additional height is appropriate for co-location opportunities.
(e) Exterior surfaces. Towers and antennas must be painted a non contrasting color consistent with the surrounding area such as: blue, gray, brown, or silver, or have a galvanized finish to reduce visual impact. Metal towers must be constructed of, or treated with, corrosion resistant material.
(f) Ground mounted equipment. Ground mounted accessory equipment or buildings must be architecturally designed to blend in with the surrounding environment, including the principal structure, or must be screened from view by suitable vegetation, except where a design of non vegetative screening better reflects and complements the character of the surrounding neighborhood. No more than one accessory building is permitted for each tower. Additional space needed for the co location of antennas must be added to an existing accessory building in a manner to make it appear as one building. Design of the building or equipment cabinet, screening and landscaping are subject to a site plan review under this chapter.
(g) Construction. Telecommunications facilities must be in compliance with all building and electrical code requirements. A tower must be designed and certified by an engineer to be structurally sound and in conformance with the building code. Structural design, mounting and installation of the telecommunications facilities must be in compliance with the manufacturer's specifications.
(h) Co-location opportunity. If a new tower over 60 feet in height is to be constructed:
1. The tower must be designed to accommodate both the applicant's antennas and antennas for at least one additional comparable user;
2. The tower must be designed to accept antennas mounted at additional heights;
3. The applicant, the tower owner, the landowner, and their successors must allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use, must submit a dispute over the potential terms and conditions to binding arbitration, and must sign the conditional use permit agreeing to these requirements. The City Council may waive these co location requirements if necessary to implement stealth design.
(i) External messages. No advertising message or identification sign larger than two square feet may be affixed to the telecommunications facilities.
(j) Lighting. Telecommunications facilities may not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety or unless necessary to facilitate service to ground mounted equipment.
(k) Rights-of-way. All telecommunication facilities in a public right of way must comply with the following:
1. Telecommunications facilities located within a right of way must not negatively impact the public health, safety and welfare, interfere with the safety and convenience of ordinary travel over the right of way, or otherwise negatively impact the right of way or its users. In determining compliance with this standard, the city may consider one or more of the following factors:
a. The extent to which right of way space where the permit is sought is available, including the placement of the ground equipment;
b. The potential demands for the particular space in the right of way;
c. The availability of other locations in a right of way that would have less public impact;
d. The extent to which the placement of the telecommunications facilities minimizes impacts on adjacent property; and
e. The applicability of ordinances or other regulations of the right of way that affect location of equipment in the right of way;
2. The facility, including attachments other than lighting rods, may not exceed 60 feet in height measured from grade in residential and commercial zones, or 75 feet in industrial zones. The City Council may waive this height standard for a facility used wholly or partially for essential public services, such as public safety;
3. The support structure for the antennas cannot exceed the diameter of the closest public utility pole by more than 50%, but in no event may exceed 18 inches in diameter;
4. Antennas and other components must not project out from the side of the support structure by more than two feet in residential and commercial districts or three feet in industrial districts;
5. The support structure for the antennas must match the materials and color of the closest public utility structures in the right of way, if required by the Director of Planning;
6. Ground mounted equipment will be allowed only if:
a. The equipment will not disrupt traffic or pedestrian circulation;
b. The equipment will not create a safety hazard;
c. The location of the equipment minimizes impacts on adjacent property; and
d. The equipment will not adversely impact the health, safety, or welfare of the community;
7. Ground mounted equipment must be:
a. Set back a minimum of ten feet from the existing or planned edge of the pavement;
b. Separated from a sidewalk or trail by a minimum of three feet;
c. Set back a minimum of 50 feet from the nearest intersection right of way line;
d. Set back a minimum of 50 feet from the nearest principal residential structure;
e. Separated from the nearest ground mounted telecommunication facilities in a right of way by at least 330 feet;
f. No larger than three feet in height above grade and 27 cubic feet in size in residential districts;
g. No larger than five feet in height above grade and 81 cubic feet in size in non residential districts; and
h. Screened by vegetative or other screening compatible with the surrounding area if deemed necessary by the Zoning Administrator;
8. The antennas cannot interfere with public safety communications;
9. The telecommunication facility must be removed and relocated when the road authority requires the removal and relocation of public utility structures; and
10. Telecommunications facilities within a right of way must receive a right of way permit from the appropriate road authority.
(l) On site employees. There must be no employees on the site on a permanent basis. Occasional or temporary repair and service activities are allowed.
(m) Landowner authorization. When applicable, the applicant must provide written authorization from the property owner. The property owner must sign the conditional use permit agreeing to the permit conditions, agreeing to remove the telecommunication facilities when they are unused, obsolete, or become hazardous, and agreeing to the city's right to assess removal costs under division (F)(5)(n), below.
(n) Removal. Obsolete telecommunications facilities must be removed within 90 days after cessation of their use at the site, unless an exemption is granted by the City Council. Unused telecommunications facilities and all related equipment must be removed within one year after cessation of operation at the site, unless an exemption is granted by the City Council. Telecommunications facilities and related equipment that have become hazardous must be removed or made not hazardous within 30 days after written notice to the current owner and to any separate landowner, unless an exemption is granted by the City Council. Notice may be made to the address listed in the application, unless another one has subsequently been provided, and to the taxpayer of the property listed in the Anoka or Ramsey County tax records. Telecommunications facilities and all related equipment that are not removed within this time limit are declared to be public nuisances and may be removed by the city. The city may assess its costs of removal against the property.
(o) Historic places. No telecommunication tower may be located with 400 feet of the boundary of any property that contains a facility or structure listed on the national register of historic places. Antennas may be located in this restricted area only if they are hidden from public view.
(G) Height restrictions.
(1) No ground mounted antenna, tower, or tower with an antenna shall exceed 75 feet in height, measured from the base of the tower or antenna, whichever is lower, to the highest point of the antenna or tower, whichever is higher.
(2) Towers mounted on a building or structure shall not extend over 25 feet above the highest point of the roof of the building or structure.
(3) The City Council may waive these restrictions if additional height is appropriate for co-location opportunities.
(H) Variances. Variances from the literal provisions of this section shall be processed and granted or denied in the same manner as variances are handled under this chapter.
(I) Abandonment. At such time as the antenna or tower erected shall not be used for its intended purpose for a period of one year, it shall be deemed to be abandoned and must be removed within 90 days of notice by the city.
(J) Violations; remedies not exclusive.
(1) Misdemeanor. Any person who shall violate any provision of this section shall be guilty of a misdemeanor.
(2) Remedies not exclusive. In addition to the penalties imposed by this section, the city may exercise, with or separately from those penalties, all and any other legal and equitable remedies then available to the city by this section, or by statute, or by other ordinances of the city, or by applicable rules or regulations, to enforce this section, including, without limitation, injunction.
(3) Costs of enforcement. The person or persons violating this section shall be jointly and severally liable for all costs incurred by the city in enforcing this section against those persons, including, without limitation, attorney's fees, witness fees, and administrative expenses, with interest on those fees and expenses from the dates incurred until paid at the highest rate then allowed by law, and shall also be jointly and severally liable for all costs, including attorney's fees, of collecting the fees, expenses, and interest, with interest of the costs and collection from the dates incurred until paid, at the same rate as is payable on the fees and expenses.