(A) Interim use permit required. An interim use permit (IUP) is required for the construction or erection of any communications towers. Co-location uses on existing towers are exempt from the IUP process, but require Planning Commission and City Council site plan approval.
(B) Co-location on existing structures. New towers or antennae must be co-located on existing structures in the city, unless it can be documented that it is impractical to co-locate on an existing structure because of technical performance, system coverage or system capacity an existing structure cannot support co-location from a structural engineering standpoint or the lease rate of an existing structure is not RATE REASONABLE. RATE REASONABLE shall mean that the co-location lease rate is not more than 150% of the co-location lease rate for towers within ten miles for which such lease rate information can be obtained. The determination that co-location on an existing structure is not practical because of technical performance, system coverage or system capacity shall be supported by findings from a qualified engineer.
(C) Co-location requirements for new towers. New towers shall be designed and constructed to permit the future co-location of other commercial wireless telecommunication services. All applications for new towers shall include a letter of intent committing the tower owner, it successors and assigns, to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. Maximum heights of towers/antennae and corresponding co-location requirements shall meet the following standards:
Height of Tower/Antenna
|
Number of Co-location Requirement
|
Less than 75 feet | No co-location required |
75 feet to 100 feet | One additional user accommodated |
Over 100 feet to 150 feet | Two additional users accommodated |
(D) Tower and antenna design. Towers and antennae shall be located and designed to blend into the surrounding environment to the maximum extent possible. Towers shall be of a monopole design unless it is determined that an alternative design would be appropriate for the particular city to blend into the particular environment.
(E) Tower setbacks. All towers shall be setback from rights-of-way, easement boundaries, or property lines at a distance equal to the height of the towers and antenna. The setbacks may be reduced to a distance agreed upon by the city, if the tower applicant furnishes an registered engineer's certification that the tower is designed to collapse or fall within a distance or zone shorter than the total tower height. The city may waive or modify setback requirements for antennae proposed to be co-located on existing towers or structures.
(F) Lighting. Towers shall not be illuminated unless required by a state or federal agency.
(G) Security. The site area for new or modified commercial wireless telecommunications services towers shall be totally fenced in to discourage access by unauthorized persons. The city shall review and approve or modify all plans for fencing and security measures.
(H) Accessory structures. The applicant shall submit site plans, elevations and construction details for all towers, antennae and accessory structures to be located on a site. All equipment must be enclosed within a building. The city may require that any accessory structures be designed compatible with surrounding structures or natural environment and may require that landscaping materials be provided to screen accessory structures or equipment. Co-location users must construct buildings compatible with existing buildings on the premises.
(I) Site access. Site plans shall illustrate existing or proposed driveway locations, access easements, driveway details, and shall obtain driveway access permits for all new towers.
(J) Signs. Signs, other than warning signs, equipment labels, emergency information or owner identification, are prohibited on any towers, antennae or accessory structures or equipment. No permitted signs shall exceed three square feet in area.
(K) Interference. No wireless telecommunications service shall be permitted that causes any interference with commercial or private use and enjoyment of other legally operating telecommunications devices, including but not limited to radios, televisions, personal computers, telephones, personal communications devices, garage door openers, security systems and other electronic equipment and devices. An applicant must furnish Minnesota registered engineer's certification that no such interference will occur or identify what interference may occur and how the applicant will mitigate any potential inference that may occur.
(L) Construction requirements. All wireless telecommunication towers, antennae and accessory uses shall be designed and constructed in accordance with all provisions of this chapter and all applicable state and federal codes. All plans must be certified by an engineer registered in the State of Minnesota.
(M) Inspection. All towers may be inspected at least once each year by an official of the city building inspector to determine compliance with original construction standards. Deviation from original construction for which a permit is obtained constitutes a violation of this section. Notice of violations will be sent by registered mail to the owner. The owner will have 30 days from the date the notification is issued to make repairs. The owner shall notify the city building inspector that the repairs have been made, and, as soon as possible thereafter, another inspection will be made and the owner notified of the results.
(N) Abandonment. All towers and antennae not used for a period of 12 consecutive months shall be considered abandoned and shall be removed. The Interim Use Permit shall identify the term for the wireless telecommunication towers. Towers and antennae shall be removed within six months of the date of termination of the Interim Use Permit. In the event any towers and antennae have not been removed within six months of the termination of the Interim Use Permit or within 90 days after written notice by the city after abandonment, the city shall have the right to remove the towers and antennae and assess the property.
(O) Proximity to other towers. Towers 75 feet or taller in overall height shall not be erected within 2500 feet of any other communications tower exceeding 75 feet in overall height. It is the intent of this provision to encourage the co-location of Commercial Wireless Telecommunication Services facilities on the same tower or existing buildings or other structures thereby reducing the number of towers in the city.
(P) Other requirements. The city may require additional information from the applicant and impose additional standards and regulations in approving plans for wireless telecommunications services to ensure and protect the public health, safety and welfare.
(Ord. 2007-5-14, passed 5-14-2007)