A. Purpose: In order to accommodate the communication needs of residents and businesses while protecting the public health, safety and general welfare of the community, these regulations are necessary to facilitate provision of wireless telecommunications service to the residents and businesses of the city, minimize adverse visual effects of towers through careful design and siting standards, avoid potential damage to adjacent properties from structural failure through structural standards and setback requirements, and maximize the use of existing and approved structures and buildings to accommodate new wireless telecommunications antennas in order to reduce the number of towers needed to serve the community.
B. Towers In Residential/Commercial/Industrial Zoning Districts:
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.
2. Towers supporting commercial antennas and conforming to all applicable provisions of this code are allowed only upon city owned property upon issuance of a lease from the city of Hawley.
C. Colocation 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.
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 therefor, 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, except in instances where the color is dictated by federal or state authorities such as the federal aviation administration.
2. Commercial wireless telecommunication towers must be a monopole design unless the city council determines that an alternative design would better blend into the surrounding environment if the applicant provides evidence to the city that an alternative design is necessary to successfully engage in commercial telecommunication services.
3. Towers and antennas must be designed to function without guy wires.
F. Tower Setbacks: Towers must conform with each of the following minimum setback requirements:
1. Towers must meet the setbacks of the underlying zoning district and may not encroach upon any easement.
2. Towers must be setback from the public right of way a minimum distance equal to one-half (1/2) 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.
b. On sites adjacent to public street on all sides, towers may be placed within a side yard abutting a local street.
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.
2. Towers must conform to the following height restrictions:
a. In all nonresidential zoning districts, the maximum height of any tower, including all antennas and other attachments, must not exceed one foot (1') for each two feet (2') the tower is set back from a residential zoning district or a maximum height of one hundred fifty feet (150'), whichever is less, unless the applicant provided evidence to the city that the proposed tower height is technically necessary to successfully engage in commercial communication services.
b. All towers must conform to these maximum height restrictions of this section, unless located upon public buildings and utility structures.
H. Tower Lighting: Towers must 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 towers and structures accessory to the tower must be screened in accordance with the requirements stipulated in the conditional use permit.
K. Abandoned Or Unused Towers Or Portions Of Towers: All abandoned or unused towers and associated facilities must be removed within seven (7) 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 seven (7) months of the cessation of operations at the site, the tower and associated facilities may be removed by the city and the costs of removal billed to owner of tower.
L. Antennas Mounted On Roofs, Walls, And Existing Towers: 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 the resolution of the city council, provided the antennas meet the requirements of this section. Requests under this section must be accompanied by a final site plan and 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.
M. Interference With Public Safety Telecommunications: No new or existing telecommunications service may interfere with public safety telecommunications. Before the introduction of new service or changes in frequencies or maximum signal output, telecommunication providers must 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. Towers And Antennas Upon Public Right Of Way And Public Property: With the exception of the necessary electric and telephone service and connection lines approved by the city, no part of any antenna or tower nor any lines, cable, equipment, or 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:
1. In addition to the information required elsewhere in this title, development applications for towers must include the following supplemental information:
a. Descriptions of the tower height and design including cross section elevation,
b. Documentation of the height above grade for all potential mounting positions for collated antennas and the minimum separation distances between antennas,
c. Descriptions of the tower's capacity, including the number and type of antennas that can be accommodated,
d. Documentation regarding what steps the applicant will take to avoid interference with established public safety telecommunications,
e. Other information necessary to evaluate the request.
2. 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.
3. Before the issuance of a zoning 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. 230, 5-6-2002)