(A) Purpose and intent. The purpose of this section is to manage the placement, construction, and modification of telecommunication towers, antennas, and related facilities in order to protect the public health, safety, and welfare while accommodating the communications needs of the public, residents, and businesses.
(B) Definitions.
ANTENNA. Any device which is designed to transmit or receive any electromagnetic, microwave, radio, television, or other frequency energy waves including but not limited to directional and omni-directional antennae such as microwave dishes, satellite dishes and whip antennae.
ANTENNA SUPPORT STRUCTURE. A building, water tower, or other structure, other than a telecommunications tower, which can be used for location of telecommunications facilities.
APPLICANT. A person who applies for a permit to develop, construct, build modify or erect a tower or antenna under this section.
APPLICATION. The process by which the owner of a plot of land within the city or other person submits a request to develop, construct, build, modify or erect a tower or antenna upon that land.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and television similar services that are marketed to the general public.
TELECOMMUNICATIONS FACILITIES. Cables, wires, lines, wave guides, antennas or any other equipment or facilities associated with the transmission or reception of telecommunications located or installed on or adjacent to a tower or antenna support structure.
TOWER. Any ground or roof mounted pole, spire, structure, or combination thereof exceeding 20 feet in height including supporting lines, cables, wires, braces and masts intended primarily for the purpose of mounting an antenna or similar apparatus above grade.
WIRELESS SERVICE PROVIDER. A direct provider of wireless services to end users.
(C) Exceptions. The following are exempt from permit requirements contained in this section.
(1) Household television antennas extending less than 20 feet above the highest point of the roof of a residential structure.
(2) Satellite dish receiving antennas two meters or less in diameter.
(3) Adjustment, repair, or replacement of an antenna or the elements of an antenna, provided that such work does not constitute an increase in the height of the tower structure.
(4) Placement of additional antennas on existing towers provided that such work does not constitute an increase in the height of the tower structure.
(5) Antennas and antenna support structures used by the city for city purposes.
(6) Antennas mounted on water towers or on the sides or roof of existing structures.
(7) Antennas placed in public rights-of-way which are owned and operated by a wireless service provider, providing the antenna is placed on an existing structure.
(8) Emergency or routine repairs, reconstruction, or routine maintenance of previously approved facilities, or replacement of transmitters, antennas, or other components or previously approved facilities which do not create a significant change in visual impact or an increase in radio frequency emission levels, and provided that such work does not constitute a clear safety hazard.
(9) Two-way communication transmitters used on a temporary basis by a 911 emergency services, including fire, police and emergency aid or ambulance service.
(D) Prohibited towers. Towers, antenna, and support facilities not specifically provided for herein shall be prohibited.
(E) Zoning district standards.
(1) Towers over 20 feet in height specifically and solely designed to support amateur radio operations and antenna are allowed in the side or rear yards in residential districts provided a conditional use permit is issued.
(2) Telecommunications towers, antennas, and support facilities are allowed in industrial zoning districts provided a conditional use permit is issued and the subject parcel does not abut a Minnesota Trunk Highway.
(F) Performance and design standards.
(1) Tower or antenna height.
(a) Antennas, towers, and related equipment attached to existing structures shall not be more than ten feet in height above the highest point of the existing structure.
(b) Antennas, towers, and related equipment supporting amateur radio operations shall not exceed 70 feet in height.
(c) All other towers to include commercial towers shall not exceed 175 feet in height.
(2) Setbacks.
(a) Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel on which it is located.
(b) Amateur radio towers when not rigidly attached to a building shall be setback from all property lines the minimum of a distance equal to the height of the antenna and tower. Setbacks for amateur radio towers rigidly attached to a building may be reduced by an amount that is equal to the distance from the point of attachment to the ground.
(c) All other towers shall have a minimum setback from any property line equal to the height of the tower plus ten feet, except that towers located adjacent to a residential zone shall have a setback equaling the height of the tower plus 100 feet.
(3) Co-location required.
(a) Any proposed tower over 60 feet in height shall be designed for co-location of at least one additional antenna.
(b) Any proposed tower over 100 feet in height shall be designed for co-location of at least two additional antennas.
(4) Design standards.
(a) Towers shall be designed and certified by a licensed and qualified professional engineer to conform to the latest structural standards and all requirements of the State Building Code, the Electronics Industry Association, and the National Electric Code.
(b) Towers shall be designed to ensure that visual intrusiveness and impacts on nearby properties are mitigated to the greatest extent possible.
(c) Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.
(d) Towers may not be artificially lit except as required by the Federal Aviation Administration.
(e) Towers not requiring Federal Aviation Administration painting or marking must have durable exterior finishes and shall be light blue, gray, or other similar color which minimizes visibility
(f) Towers shall be designed to allow for future rearrangement of equipment upon the structure, and to accept attachments mounted at varying heights.
(g) The use of any portion of a tower or antenna for signs other than warning, identification, emergency contact information, or equipment information is prohibited.
(h) Freestanding towers must be self-supporting without the use of wires, cables, beams, or other means. The suggested design is a monopole configuration or open framework which collapses on itself in the event of structural damage.
(i) To prevent unauthorized entry, towers shall be provided with security fencing as needed or when required by the city.
(j) Transmitting, receiving, and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving, and switching equipment, it shall meet setback requirement contained in the underlying zoning classification and be designed, constructed, and screened to blend in to the surrounding environment and adjacent land uses.
(k) Towers and antennas should be located in areas that provide natural or existing structural screening for off-site views of the facility when feasible. Existing on-site vegetation that provides screening shall be preserved to the extent possible. Vegetative screening at the perimeter of the tower is encouraged.
(G) Abandoned or unused towers. Abandoned or unused towers or antennas shall be removed within 12 months of the cessation of operations at the site.
(H) Interference. No new or existing tower, antenna, or related equipment shall interfere with public safety communications. Before the introduction of a new service or a change in existing services, equipment providers shall 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.
(I) Radiation. Towers, antennas, and related equipment placed within the city shall be subject to state and federal regulations, as amended. The cost of verification of compliance shall be borne by the owner and operator of the communications facilities and equipment.
(Ord. 366, passed 8-7-2024)