(A) This section shall officially be known, cited and referred to as the City of Le Sueur Tower and wireless facility ordinance.
(B) In order to accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community, the city finds that these regulations are necessary in order to:
(1) Facilitate the provision of wireless telecommunication services to the residents and businesses of the city;
(2) Minimize adverse visual effects of towers through careful design and siting standards;
(3) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
(4) Maximize and encourage the use of buildings and existing or approved towers to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community and minimize their visual impact.
(C) Enforcement. The enforcement of these regulations shall be the responsibility of the Zoning Administrator.
(D) Definitions. For the purpose of this chapter the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
ANTENNA. Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.
ANTENNA HEIGHT. The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
CO-LOCATION. Locating wireless communications equipment from more than one provider on a single site.
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 similar services that are marketed to the general public.
COMMUNICATION TOWER. A guyed, monopole, or self-supporting tower, constructed as a free standing structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication.
GUYED TOWER. A communication tower that is supported, in whole or in part, by guy wires and ground anchors.
LATTICE TOWER. A guyed or self-supporting three or four sided, open, steel frame structure used to support telecommunications equipment.
MICROWAVE. Electromagnetic radiation with frequencies higher than 1,000 MHz; highly directional signal used to transmit radio frequencies from point-to-point at a relatively low power level.
MONOPOLE TOWER. A communication tower consisting of a single pole, constructed without guy wires and ground anchors.
PREEXISTING TOWERS AND ANTENNAS. Any tower or antenna previously approved prior to the effective date of these regulations and is exempt from the requirements of these regulations so long as the tower or antennas are not modified or changed.
PROTECTED RESIDENTIAL PROPERTY. Any property within the city that meets all of the following requirements: The property is zoned Residential (R) and the property may or may not also have a Planned Unit Development (PUD) classification; the property is designated on the comprehensive plan as residential; and the property is used or subdivided for use as residential.
PUBLIC UTILITY. Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this chapter, commercial wireless telecommunication service facilities shall not be considered public utility uses, and are defined separately.
SELF-SUPPORT TOWER. A communication tower that is constructed without guy wires and ground anchors.
TEMPORARY WIRELESS COMMUNICATION FACILITY. Any tower, pole, antenna, etc. designed for use while a permanent wireless facility is under construction, for an emergency or for a special event.
TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.
TOWER, MULTI-USER. A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.
TOWER, SINGLE-USER. A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this code.
WHIP ANTENNA. An antenna that transmits signals in 360 degrees. Whip antennas are typically cylindrical in shape and are less than six inches in diameter and measure up to 18 inches in height. Also called omnidirectional, stick or pipe antennas.
(E) Application procedures and approval process.
(1) All towers in excess of 35 feet may be allowed following the issuance of a conditional use permit if the conditions of this code are met. The process for a conditional use permit is detailed in § 153.023 of the zoning ordinance. The addition of a new antenna on an existing tower or building may be allowed by permit by the Zoning Administrator if the conditions of this code are met.
(2) In addition to the information required above, development applications for wireless communications facilities shall include the following supplemental information:
(a) A report from a qualified and licensed professional engineer which describes the tower height and design including a cross section and elevation, documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas; describes the tower's capacity, including the number and type of antennas that it can accommodate; documents what steps the applicant will take to avoid interference with established public safety telecommunications; includes an engineer's stamp and registration number; and includes other information necessary to evaluate the request.
(b) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
(c) Before the issuance of a building permit, the following supplemental information shall be submitted: proof that the proposed tower complies with regulations administered by Federal Aviation Administration; and a report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the city's structural and electrical standards.
(3) In addition to the site plan requirements found elsewhere in the zoning ordinance, site plans for wireless communications facilities shall include the following supplemental information:
(a) Location and approximate size and height of all buildings and structures within 500 feet adjacent to the proposed wireless communication facility. Site plan of entire development, indicating all improvements including landscaping and screening;
(b) Elevations showing all facades, indicating exterior materials and color of the tower(s) on the proposed site; and
(c) Plans shall be drawn at a scale of not less than one inch to 100 feet.
(4) Generally, approval of a wireless communications facility can be achieved if the following items are met:
(a) The location of the proposed tower is compatible with the comprehensive plan and zoning ordinance;
(b) There exists no city-owned sites or buildings, including schools, water towers, libraries, and parks, that can reasonably serve the needs of the owner of the proposed new facility/tower;
(c) There is no other existing or proposed facility/tower that can reasonably serve the needs of the owner of the proposed new facility/tower;
(d) All efforts to locate on an existing tower have not been successful or legally/physically possible;
(e) The submitted site plan complies with the performance criteria set in these regulations;
(f) The proposed facility/tower will not unreasonably interfere with the view from any public park, natural scenic vista, historic building or district, or major view corridor;
(g) The lowest six feet of the facility/tower will be visually screened by a combination of trees, large shrubs, solid walls, fences, nearby buildings or natural topography;
(h) The height and mass of the facility/tower does not exceed that which is essential for its intended use and public safety;
(i) The owner of the wireless communication facility has agreed to permit other persons/cellular providers to attach cellular antenna or other communications apparatus which do not interfere with the primary purpose of the facility;
(j) The proposed facility/tower is not constructed in such a manner as to result in needless height, mass, and guywire supports;
(k) The color of the proposed facility/tower will be of a light tone or color (except where required otherwise by the FAA) as to minimize the visual impact and that the tower will have a security fence around the tower base or the lot where the tower is located; and
(l) The facility/tower is in compliance with any other applicable local, state, or federal regulations.
(F) Location and design requirements.
(1) Co-location requirements. All commercial wireless telecommunication towers erected, constructed, or located within the city shall comply with the following requirements:
(a) A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on a city-owned or public building or property or on an existing or approved tower or building within a 1/2 mile search radius of the proposed tower due to one or more of the following reasons:
1. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost;
2. 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 and licensed professional engineer and the interference cannot be prevented at a reasonable cost;
3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer; and
4. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
(b) Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable or like antennas for at least three additional users if the tower is 101-150 feet in height, for at least two additional users if the tower is 60-100 feet in height, or for at least one additional user if the tower is less than 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
(2) Tower and design requirements. Proposed or modified towers and antennas shall meet the following design requirements:
(a) Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration; and
(b) Commercial wireless telecommunication service towers shall be of a monopole design unless the City Council determines that an alternative design would better blend into the surrounding environment.
(3) Tower construction requirements. All towers erected, constructed, or located within the city, and all wiring therefor, shall comply with the requirements set forth in the city's building code.
(4) Tower setbacks. Towers shall conform to each of the following minimum setback requirements in addition to the district requirements established this chapter:
(a) Towers, at a minimum, shall meet the setbacks of the underlying zoning district.
(b) Towers shall be set back from the planned public rights-of-way. All guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements.
(c) A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure.
(d) A tower's setback may be reduced at the sole discretion of the City Council, if a report from a qualified and licensed professional engineer demonstrates that the design of the tower will not allow the tower to physically damage adjoining properties.
(e) Towers erected on any protected residential parcel are also subject to the setback provisions of this chapter.
(5) Tower height. All proposed towers shall meet the height restrictions set forth in this chapter.
(6) Tower lighting. Towers shall not be illuminated by artificial means and shall 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.
(7) Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
(8) Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.
(9) Abandoned or unused towers or portions of towers. Abandoned or unused towers or portions of towers shall be removed as follows:
(a) All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Zoning Administrator. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property.
(b) Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit.
(10) Antennas mounted on roofs, walls, and existing towers. The placement of wireless telecommunication antennas on roofs, walls, and existing towers are preferred to erecting new towers and may be approved by the Zoning Administrator, provided the antennas meet the requirements of this code, after submittal of a final site and building plan as specified by this chapter, and a report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated.
(11) Interference with public safety telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulation study that provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication 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.
(12) "Small cell" wireless facilities.
(a) "Small cell" wireless service antennae and antenna support structures shall require a conditional use permit when located in the right-of-way adjacent to any residentially zoned parcel, PUD (Planned Unit Development) zoned project which includes residential dwellings, or other residential use, or any historic district. No conditional use permit shall be granted for any such facility that creates a substantial burden on the adjoining residential area or the public right-of-way in which it is located.
(b) No "small cell" support structure shall exceed 50 feet in height above the finished grade of the ground on which the structure is located.
(c) Notwithstanding division (12)(b), the city may approve "small cell" facilities taller than 50 feet by conditional use permit in rights-of-way adjacent to non-residential property when the city finds that such approval will have specific and substantial public benefits, including, but not limited to, reduction in the overall number or visual impacts of such facilities in the public right-of-way.
(d) Small cell facilities proposed to be co-located on existing support structures on private property, such as parking lot light poles, may be allowed as permitted uses provided no portion of the existing support structure or proposed antenna will exceed the allowable height for such structures in the subject zoning district and that the property is not a residentially zoned parcel, PUD (Planned Unit Development) zoned project which includes residential dwellings, or other residential use, or any historic district.
(e) Any small cell wireless service antennae or new antenna support structures located outside of the public right-of-way, such as on private property, regardless of ownership, and which would exceed the allowable height for the support structure in the subject zoning district shall require a conditional use permit and be subject to all other general requirements of Chapter 92 of the city code.
(G) Prohibitions.
(1) No tower shall be over 150 feet in height or within one mile of another tower regardless of municipal/township boundaries.
(2) A proposal for a new wireless service tower shall not be approved unless it can be shown by the applicant that the telecommunication equipment planned for the proposed tower cannot be accommodated:
(a) On an existing tower or structure;
(b) On a tower that has already been permitted (even though it might not yet be constructed); or
(c) On a tower whose application is currently pending before the city.
(3) No temporary mobile cell sites are permitted except in the case of equipment failure, equipment testing, or in the case of an emergency situation as authorized by the Police Department. Use of temporary mobile cell sites for testing purposes shall be limited to 24 hours; use of temporary mobile cell sites for equipment failure or in the case of emergency situations shall be limited to a term of 30 days. These limits can be extended by the Zoning Administrator.
(4) Permanent platforms or structures, exclusive of antennas, other than those necessary for safety purposes or for tower maintenance are prohibited.
(H) District provisions.
(1) Commercial wireless facility standards. Antennas and towers are regulated differently depending on the zoning district in which that property is located. Antennas and towers supporting commercial antennas conforming to all applicable provisions of this code shall be allowed by a conditional use permit as described in the following districts:
(a) All districts. Antennas attached to water towers are not restricted by height requirements, provided that the antennas blend into and do not extend more than 20 feet above the height of the water tower structure.
(b) Urban Reserve (UR). The maximum height of any tower, including all antennas and other attachments, shall not exceed two feet for each foot the tower is setback from the property line, up to a maximum height of 150 feet.
(c) General Business (B-2). The maximum height of any tower, including all antennas and other attachments, shall not exceed 100 feet in height. A tower must be setback from a residentially zoned property a minimum of one foot for each one foot of height.
(d) Public-Institutional and Industrial (PI, I-1, and I-2). The maximum height of any tower, including all antennas and other attachments, shall not exceed 150 feet in height. A tower must be setback from a residentially zoned property a minimum of one foot for each one foot of height.
(2) Antennas mounted on roofs and walls. Antennas may be attached to an existing building's roof or wall if it meets the provisions of this chapter and the following conditions:
(a) The antenna meets the height restrictions of the relevant district; and
(b) The antenna does not extend more than ten feet above the highest point of the structure.
(3) Non-commercial wireless facility (amateur radio antenna) standards. Towers supporting amateur radio antennas and conforming to all applicable provisions of these regulations shall be allowed only in the rear yard of residentially zoned parcels. In accordance with the Federal Communications Commission's preemptive ruling PRB1, towers erected for the purpose of supporting amateur radio antennas may exceed 35 feet in height provided that a determination is made by the Zoning Administrator that the proposed tower height is technically necessary to successfully engage in amateur radio communications.
(I) Nonconforming antennas and towers. All legal nonconforming antennas and towers may remain subject to the following:
(1) The antennas and towers may not be moved to a new location;
(2) Any antenna or tower which is located in a place which constitutes a hazard to either persons or property shall not be allowed to remain and shall be removed upon order of the City Council. The cost of removing any such antenna/tower shall be the responsibility of the owner of the property upon which the hazardous antenna/tower is located; and
(3) A legal, non-conforming antenna/tower which is modified, enlarged or changed, except for routine and minor repairs shall be brought into compliance with this chapter.
(J) Penalty. A violation of this chapter shall be a misdemeanor, punishable in accordance with the provisions of this chapter. Each day that a violation is permitted is considered a separate offense. In addition, the city may seek injunctive relief in the County District Court to require conformance with this chapter. All costs and reasonable attorney's fees incurred by the city in enforcing the provisions of this chapter shall be paid by the violator of this chapter.
(Ord. 583, passed 8-26-2019)