Towers, monopoles, and antennas are necessary to facilitate and accommodate the communication needs of the residents and businesses of the city. The purposes of this section are:
(A) Purpose:
1. To provide for wireless telecommunication services for the residents and businesses of the city;
2. To minimize adverse visual impacts of telecommunication towers and facilities through design, siting, landscaping, and innovative camouflaging techniques;
3. To promote and encourage shared use and collocation of telecommunication towers and antenna support structures so as to reduce the number of towers needed to serve the area;
4. To avoid damage to adjacent properties caused by telecommunication towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound.
(B) Districts Allowed:
1. Towers supporting amateur radio antennas and conforming to all applicable provisions of this code shall be allowed only in the rear yard of residentially zoned parcels.
2. Towers or monopoles supporting commercial antennas and conforming to all applicable provisions of this code shall be allowed as a conditional use within the A-1, B-1, B-3, I-1, IP and P/OS districts (parks with facilities).
3. Towers, monopoles or antennas shall be allowed in the following residentially zoned locations: schools, churches, public buildings, hospitals, and clinics and shall conform to all applicable provisions of this code and shall be allowed as a conditional use. The maximum height of the towers, monopoles or antennas is seventy five feet (75') for these residentially zoned locations.
4. Antennas may be mounted on structures that serve other purposes such as light standards, emergency siren poles, or public utility poles provided they conform to all applicable provisions of this code and shall be allowed as a conditional use. Structures must be engineered to withstand the additional load of an antenna.
5. Use of existing towers is encouraged and will be exempt from the conditional use process. Permitting will involve the requirements listed in this section.
(C) Collocation Requirement:
1. A proposal for a new personal wireless communication service tower/monopole shall not be approved unless it can be documented by the applicant that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower/monopole or building within a one-half (1/2) mile radius of the proposed tower/monopole due to one or more of the following reasons:
(a) The planned equipment would exceed the structural capacity of the existing or approved tower/monopole or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower/monopole cannot be reinforced or modified to accommodate planned equipment at a reasonable cost.
(b) The planned equipment would cause interference with other existing or planned equipment at the tower/monopole or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost.
(c) No existing or approved towers/monopoles or commercial/industrial buildings within a one-half (1/2) mile radius meet the radio frequency (RF) design criteria.
(d) Existing or approved towers/monopoles and commercial/industrial buildings within a one-half (1/2) mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
(e) The applicant must demonstrate that a good faith effort to collocate on existing towers/monopoles and structures within a one-half (1/2) mile radius was made, but an agreement could not be reached.
2. Any proposed commercial wireless telecommunications service tower/monopole shall be designed in all respects to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred feet (100') in height or for at least one additional user if the tower/monopole is over seventy five feet (75') in height. Towers/monopoles must be designed to allow for future rearrangement of antennas upon the tower/monopole and to accept antennas mounted at varying heights.
(D) Tower/Monopole Construction Requirements: All towers/monopoles erected, constructed or located within the city, and all wiring therefor, shall comply with the requirements of this section.
(E) Tower, Monopole, And Antenna Design Requirements: Towers, monopoles, and antennas shall be designed to blend into the surrounding environment through the use of color except in instances where the color is dictated by federal or state authorities. One monopole allowed in parks with facilities. No crows nests, platforms, or guywires allowed on monopole in any approved district. Antenna arms are to be separated by ten feet (10').
(F) Tower/Monopole Setbacks: Towers shall conform with each of the minimum setback requirements:
1. A tower/monopole in parks with facilities will be set back seventy five feet (75') from the property line except when qualified engineer report specifies that any collapse of pole will occur within a lesser distance.
2. Towers/monopoles in agricultural districts will be set back from the property line four feet (4') for every foot of height exceeding forty five feet (45').
3. Towers/monopoles in industrial districts will be set back from the property line two feet (2') for every foot of height exceeding forty five feet (45').
4. In the B-1, B-3 and IP zoning districts, a monopole will be set back seventy five feet (75') from the property line except when qualified engineer report specifies that any collapse of pole will occur within a lesser distance.
(G) Tower And Monopole Height: Towers/monopoles, including all attached antennas, shall be limited to a maximum height of two hundred feet (200'). A monopole in parks with facilities shall be limited to a maximum height of seventy five feet (75'). Towers, monopoles or antennas shall be limited to a maximum height of seventy five feet (75') for residentially zoned locations: schools, churches, public buildings, hospitals, and clinics.
(H) Tower/Monopole Lighting: Towers, monopoles and their antennas shall not be illuminated by artificial means, except for camouflage purposes (designed as a lighted tower/monopole for a parking lot or a ball field) or the illumination is specifically required by the federal aviation administration or other authority.
(I) Signs And Advertising: The use of any portion of a tower/monopole for signs other than warning or equipment information signs is prohibited.
(J) Accessory Utility Buildings: All utility buildings and structures accessory to a tower/monopole shall be architecturally designed to blend with the surrounding environment and shall meet the minimum setback requirements of the zoning district in which they are located. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the adjoining neighborhood.
(K) Abandoned Or Unused Towers, Monopoles, Antennas Or Portions Of Towers, Monopoles, Antennas:
1. All abandonments or unused towers, monopoles, antennas and associated facilities shall be removed within ninety (90) days of the cessation of operations at the site unless a time extension is approved by the city planner. In the event that a tower is not removed within ninety (90) days of the cessation of operations at the site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. A permit fee for the abandonment of the tower, monopole, or antenna shall be set by the city council.
2. Unused portions of towers, monopoles, or antennas above a manufactured connection shall be removed within ninety (90) days of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit.
(L) Antennas Mounted On Roofs, Walls And Existing Towers/Monopoles: The placement of wireless telecommunications antennas on roofs, walls and existing towers/monopoles may be approved by the building official, provided the antennas meet the requirements of this code, after submittal of:
1. A final site and building plan.
2. A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower suitability to accept the antenna, and the proposed method of affixing the antenna to the structure.
(M) Interference With Public Safety Telecommunications: All applications for new telecommunications service shall be accompanied by an intermodulation study prepared by a registered professional engineer which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before introduction of new service or changes in existing service, telecommunications providers shall notify the city at least ten (10) calendar days in advance of such changes and allow the city to monitor interference levels during the testing process.
(N) Construction And Maintenance Of Supporting Towers, Monopoles, And Antennas:
1. Permits:
(a) Permit Required: It shall be unlawful for any person to erect, construct in place, place or reerect, replace or repair any tower, monopole or antenna without first making application to the building official and securing a permit therefor as hereinafter provided.
(b) Submittal Requirements For Permit:
(1) Name, address, and telephone number of the applicant;
(2) Name, address, and telephone numbers of the owners of the property on which the tower is proposed to be located;
(3) Legal description of the parcel on which the tower is proposed to be located;
(4) Written consent of the property owner(s) to the application;
(5) A scaled site plan indicating the location, type and height of the proposed tower, the existing land uses and zoning of the subject parcel, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, drawings of the proposed tower showing elevation and other structures, topography, parking, and depicting the proposed tower design;
(6) A landscape plan showing specific landscape materials, method of fencing, and finished color and, if applicable, the method of camouflage and lighting;
(7) Documentation such as coverage maps showing the need for a tower at the proposed site in order to close a gap in the applicant's wireless telecommunications service, or a gap in the service provided by a person intending to place telecommunications facilities on the tower;
(8) An inventory of existing towers, monopoles, antennas, or sites approved for towers, monopoles or antennas, that are either within the city or are sited in a location from which the applicant could provide service within the city, including specific information about the location, height and design of each tower, monopole or antenna and documentation showing that such existing facilities are unavailable or unsuitable to meet the applicant's need for a tower, monopole or antenna;
(9) Separation distance of the proposed tower, monopole or antenna from the other towers, monopoles or antennas described in the inventory of existing sites;
(10) A structural engineering report certifying the ability of the tower, monopole or antenna to accommodate collocation of additional wireless service provider facilities and a statement by the applicant regarding accommodation for collocation of additional antennas for future users;
(11) The setback distance between the proposed tower, monopole or antenna and the nearest platted residential property, and unplatted residentially zoned properties;
(12) Proof that all necessary consents or approvals have been applied for from appropriate federal, state or other local agencies;
(13) An application fee established from time to time by resolution of the city council. In the event the city elects to consult with its attorney or a radio frequency (RF) engineer in review of the application, the applicant shall be required to fully reimburse the city for all such expenses;
(14) Other information deemed by the zoning administrator to be necessary.
(O) Permits Are Not Required For:
1. Adjustment or replacement of the elements of an antenna array affixed to a tower, monopole or antenna, provided that replacement does not reduce the safety factor.
2. Antennas, towers/monopoles erected temporarily for test purposes, for emergency communication, or for broadcast remote pick up operations, provided that all requirements of this section are met.
(P) Fees:
1. The permit fee payable shall be such as may be set by the city council.
(Q) Construction Requirements:
1. All towers, monopoles, or antennas erected, constructed, or within the city, and all wiring therefor, shall comply with the following requirements:
(a) All applicable provisions of this code.
(b) Towers and monopoles shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Minnesota state building code, the national electrical safety code and all federal communications commission and local regulations.
(c) With the exception of necessary electric and telephone service and connection lines approved by the issuing authority, no part of any tower, monopole, or antenna nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right of way, public street, highway, sidewalk, or property line.
(d) Towers and monopoles with associated antennas shall be designed to conform to accepted electrical engineering methods and practices and comply with the provisions of the national electrical code.
(e) All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower, monopole, or antenna and a structure, shall be at least eight feet (8') above the ground at all points, unless buried underground.
(f) Every tower and monopole affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.
(g) All towers and monopoles shall be constructed to conform with the requirements of the occupational safety and health administration.
(h) All towers and monopoles erected within the city must conform to the applicable standards in this section.
(R) Existing Towers, Monopoles And Antennas:
1. Towers, monopoles and antennas in existence as of the date of adoption hereof which do not conform to or comply with this section are subject to the following provisions:
(a) Towers, monopoles or antennas may continue in use for the purpose now used and as now existing, but may not be replaced or structurally altered without complying in all respects with this section.
(b) If such towers, monopoles or antennas are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower, monopole or antenna may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with this section, provided, however, that if the cost of repairing the tower, monopole or antenna would be ten percent (10%) or more of the cost of a new tower, then the tower may not be repaired or restored except in full compliance with this section.
(S) Other Attachments:
1. No tower, monopole or antenna shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair.
(T) Inspections:
1. All towers, monopoles or antennas are subject to inspection by the city building inspection department to determine compliance with construction standards. Any deviation from original construction standards for which the permit was obtained shall constitute a violation of this section.
2. Notice of violation will be sent by registered mail to the owner and the owner will have thirty (30) days from the date notification is issued to make repairs. The owner will notify the building inspection department that repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results.
(U) Maintenance: Towers, monopoles, and antennas must be maintained in accordance with the following provisions:
1. Tower/monopole owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public.
2. Tower/monopole owners must install and maintain towers/monopoles, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electrical safety code and all federal communications commission, state, and local regulations, and in such a manner that they will not interfere with the use of other property.
3. Towers, monopoles, and antenna support structures must be kept and maintained in good condition, order, and repair.
4. Maintenance or construction on a tower, monopole or antenna support structure must be performed by qualified maintenance and construction personnel.
5. All tenants on towers/monopoles must comply with radio frequency emissions standards of the federal communications commission.
6. If the use of a tower/monopole is discontinued by the tower/monopole owner, the tower/monopole owner must provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued. (Ord. 009-599, 2-2-2009)