A. Purpose And Intent:
1. The Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the "new Act"), governs the construction, placement and modification of personal wireless facilities.
2. Consistent with the Act, the general purpose of this section is to manage the placement, construction and modification of telecommunications towers and related facilities in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless communications marketplace in the City.
3. In furtherance of the goals of the City and within the framework of the Act and State law, the City will give due consideration to the City Comprehensive Plan, zoning districts, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas. Specifically, the purposes of this section are to:
a. Accommodate the communication needs of the residents and businesses.
b. Facilitate the provision of wireless communication facilities through careful siting and design standards.
c. Minimize adverse visual impacts of telecommunications towers and facilities through design, siting, landscaping and innovation camouflaging techniques.
d. Avoid potential damage to adjacent properties from the construction and operation of wireless communications facilities through structural standards and setback requirements and ensuring that those structures are promptly and safely removed when no longer used or when determined to be structurally unsound.
e. Maximize the use of existing and approved towers, buildings or structures to accommodate new wireless communications antennas to reduce the number of towers needed to serve the industry.
B. General Requirements:
1. All towers and antennas shall comply with all Federal Communications Commission and Federal Aviation Administration rules and regulations.
2. Design and installation of all towers and antennas shall comply with the manufacturer's specifications and with ANS/TIA/EIA standards. Plans shall be designed, stamped and signed by a State licensed professional engineer.
3. Installation of all towers and antennas shall comply with all applicable State and local Building and Electrical Codes.
4. For leased sites, written authorization for locating the wireless communication facilities from the property owner (fee title holder), must be provided as set forth in subsection G of this section.
5. All wireless communication facilities must be adequately insured for injury and property damage. Proof of insurance with the City of Little Falls named as an additional insured shall be provided.
6. All communication towers shall require a building permit before construction is allowed in any zoning district, and shall be anchored in a stationary position. Manufacturer's specifications for the antenna and supporting structure shall be attached to the building permit application.
7. Proposals to erect new towers and antennas shall be accompanied by any required Federal, State or local agency licenses or applications for such licenses.
8. Only one tower is permitted on a parcel of land. Additional towers may be permitted with a conditional use permit if the additional tower is located within two hundred feet (200') of the existing tower and all other requirements of this chapter are met.
9. Tower designs are required to be an open framework or monopole configuration without the use of guy wires. The use of guy wires is prohibited in the design of new towers. Permanent platforms or structures, exclusive of antennas that serve to increase off site visibility, are prohibited.
C. Prohibitions:
1. No tower shall be over two hundred feet (200') in height.
2. All towers that exceed forty feet (40') in height shall stay a minimum of six hundred feet (600') from all residentially zoned property lines and public parks.
3. No advertising message or sign shall be affixed to any tower or antenna.
4. Towers and antennas shall not be artificially illuminated unless required by Federal Communications Commission or Federal Aviation Administration regulations.
5. No part of any tower, antenna or other components shall extend across or over any right-of-way, public street, highway, sidewalk or property.
6. No part of any tower, antenna or other components shall extend beyond the fence enclosure as required under subsection F6 of this section.
7. No temporary mobile communications sites are permitted, except in the case of equipment failure, equipment testing, equipment replacement, or in the case of an emergency situation authorized by the City Council or their designated representative.
D. District Requirements, Placement, Setbacks And Height:
1. Residential Districts:
a. Placement: Communications towers such as television antennas, HAM radio towers, etc., shall be situated in the rear or side yard without encroaching on the front yard area.
b. Setbacks: Minimum setbacks of a tower from any lot line shall be ten feet (10'). If a tower and/or antenna are not rigidly attached to a building, then the minimum setback shall be equal to the height of the tower and/or antenna. However, if a tower and antenna are rigidly attached to a building and the tower base is on the ground, the minimum setback may be equal to the distance from the highest point of attachment to the top of the tower and/or antenna.
c. Tower Height: The maximum height of the tower and/or antenna shall be forty feet (40') from average grade around the principal structures, or twenty feet (20') above the roof ridgeline of the principal structure on said lot. There shall be no more than one communication tower per parcel.
2. Business Districts:
a. Placement: Towers erected in business districts shall require a conditional use permit and be situated in rear and side yards, without encroachment into front yard areas.
b. Setbacks:
(1) Towers shall meet the principal structure setbacks of the underlying zoning district. Setbacks from the property line and public rights-of-way to base perimeter of the tower shall be one hundred twenty five percent (125%) or greater of the tower and/or antenna height. This setback may be reduced if the tower is designed to collapse half the distance of the total height of the tower through engineered design, then the tower setback will be one hundred twenty five percent (125%) of half the tower and/or antenna height to the property line and/or public rights-of-way and planned public rights-of-way. The applicant must submit a report stamped by a State licensed professional engineer registered in the State of Minnesota that certifies that the tower is designed and engineered to collapse half the height of the tower upon failure, if the reduction of the setback is applied. Setback requirements may be reduced to property lines abutting property that cannot be developed due to the presence of wetlands or similar limitations by variance, if the intent of this subsection would be better served thereby.
(2) Towers shall not encroach any easements. Towers shall not be located closer to a public street than a principal structure, with the following exceptions: a) on sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street; b) setback distances shall be measured starting from the base of the tower located nearest the property line; and 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 onto an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure.
c. Tower Height: The maximum height, including antenna height, shall be one hundred feet (100') from the ground level. No tower height shall exceed the distance from the base of the tower to the nearest overhead electrical power line. This setback may be reduced to one-half (1/2) the height of the tower if the applicant submits a report stamped by a State licensed professional engineer that certifies that the tower is designed and engineered to collapse upon failure within the distance from the tower to the overhead electrical power line.
3. Industrial Zones:
a. Placement: Towers erected in the Industrial District shall require a conditional use permit and be situated in rear and side yards, without encroachment into front yard areas.
b. Setbacks:
(1) Towers shall meet the principal structure setbacks of the underlying zoning district. Setbacks from the property line and public rights-of-way to base perimeter of the tower shall be one hundred twenty five percent (125%) or greater of the tower and/or antenna height. This setback may be reduced if the tower is designed to collapse half of the distance of the total height of the tower through engineered design, then the tower setback will be one hundred twenty five percent (125%) of half the tower and/or antenna height to the property line and/or public rights- of-way and planned public rights-of-way. The applicant must submit a report stamped by a State licensed professional engineer registered in the State of Minnesota that certifies that the tower is designed and engineered to collapse half the height of the tower upon failure, if the reduction of the setback is applied. Setback requirements may be reduced to property lines abutting property that cannot be developed due to the presence of wetlands or similar limitations by variance, if the intent of this subsection would be better served thereby.
(2) Towers shall not encroach upon any easements. Towers shall not be located closer to a public street than a principal structure with the following exceptions: a) on sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street; b) setback distances shall be measured starting from the base of the tower located nearest the property lines; and 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 onto an existing or proposed structure such as a church steeple, light standard, power line support device or similar structure.
c. Tower Height: Maximum tower height shall be two hundred feet (200') in industrial zoned areas. No tower height shall exceed the distance from the base of the tower to the nearest overhead electrical power line. This setback may be reduced to one-half (1/2) the height of the tower if the applicant submits a report stamped by a State licensed professional engineer that certifies that the tower is designed and engineered to collapse upon failure within the distance from the tower to the overhead electrical power line.
4. Historical District: All communication towers in or near historic preservation landmarks and districts and in or near potential historic preservation landmarks and districts shall be reviewed for approval by the City's Heritage Preservation Commission and the Minnesota State Historical Society prior to the issuance of a conditional use permit.
E. Construction Requirements:
1. Structural Standards And Wind Loading:
a. Residential Districts: Support structures taller than thirty five feet (35') shall be mounted in concrete and designed to withstand a wind velocity of at least seventy (70) miles per hour.
b. Business And Industrial Districts: Each tower shall be designed and built to withstand an eighty (80) mile per hour baseline wind speed with a minimum of one-half inch (1/2") radial ice. If industry standards increase these requirements, all new or rebuilt towers shall conform to the new standards.
c. Towers: Tower designs shall conform to the latest structural standards and wind loading requirements of the most current Minnesota State Building Code. Support structures shall be grounded following manufacturer's specifications for grounds. Towers and antennas shall be designed to conform to accepted electrical engineering methods and practices and to comply with the most current provisions of the National Electrical Code. All towers shall be constructed to conform to the requirements of the Occupational Safety and Health Administration (OSHA). Metal towers shall be constructed of or treated with corrosive resistant material. Wood poles shall be impregnated with decay resistant substances.
2. Antennas Mounted On Roofs, Walls And Existing Towers: The placement of a tower or antenna on roofs, walls and existing towers may be approved by building permit issuance, provided the towers or antennas meet the requirements of this chapter, after submittal of: a) a final site and building plan; and b) a report prepared by a State licensed professional engineer indicating that 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.
F. General Standards And Design Requirements:
1. Colocation: A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the City Council or their designated representative finds that the telecommunication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower within a one mile search radius (1/2 mile for towers under 200 feet in height, 1/4 mile for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons:
a. Structural Capacity: The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a State 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.
b. Interference: 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 State licensed professional engineer, and the interference cannot be prevented at a reasonable cost.
c. Height: 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 State licensed professional engineer to serve commercial and residential needs in the City corporate boundaries.
d. Other Unforeseen Reasons: Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
e. Additional Users: Any proposed commercial wireless telecommunication service tower shall be designed structurally, electrically, and 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 is over sixty feet (60') in height. Towers must be designed to allow for future rearrangement of antennas upon the tower. The additional users shall be allowed to mount antennas upon the tower. The additional users shall be allowed to mount antennas of varying heights when the design is approved. Applicants for future antennas cannot be denied space on an existing tower unless mechanical, structural and regulatory factors prevent sharing. The tower owner and his or her successors shall allow the shared use of the tower if the additional users agree in writing to meet reasonable terms and conditions for shared use.
2. Tower And Antenna Design Requirements:
a. Location And Design: Communication towers shall be located and designed to reduce the visual impact from adjacent properties at street level from public streets through the hue of color and camouflaging architectural treatment, except in instances where the color is dictated by Federal and State authorities such as the Federal Aviation Administration.
b. Installation: Tower installation shall be designed to be compatible with the underlying site plan. The base of the tower and any accessory structures shall be landscaped. Accessory structures will be designed to be architecturally compatible with the principal structures on the site.
c. Alternative Design: The towers shall be freestanding and commercial wireless communications towers in Business and Residential Zones shall be of monopole design, unless the City Council or their designated representative determines that an alternative design would be acceptable and blend with the surrounding environment.
3. Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights, unless the Federal Aviation Administration or Federal Communications Commission or other Federal or State authority for the particular tower specifically requires such lighting. When incorporated into the approved design of the tower, light fixtures used to illuminate ballfield, parking lots or similar areas may be attached to the tower. (Ord. 96, 6th Series, eff. 9-5-2017)
4. Signs: The use of any portion of a tower for signs, other than those required by applicable Federal, State or local law, is prohibited. No sign shall be placed on the tower, antennas or other attachments, unless required by any applicable Federal, State or local law. (Ord. 2, 7th Series, eff. 11-6-2017)
5. Accessory Utility Buildings:
a. Use: Accessory structures shall enclose transmission equipment, power equipment or any equipment located on the ground near the tower.
b. Design Setbacks: 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.
6. Security Fencing:
a. Unauthorized Access: All towers shall be reasonably protected against unauthorized access. The bottom of the tower from ground level to twelve feet (12') aboveground shall be designed to preclude unauthorized climbing. The area on which the commercial use antenna tower is located shall have a minimum six foot (6') high chain link fence with locked gate.
b. Security Lighting: Security lighting for on ground facilities and equipment is permitted as long as it is down shielded to keep light within the boundaries of the site.
c. Signs: Signs shall be mounted on the fenced enclosure and on or adjacent to the gate prohibiting entry without authorization, warning of the danger from electrical equipment and/or unauthorized climbing of the tower, and identifying the leaseholder of the tower, and telephone number for contact in case of emergency.
7. Screening And Landscaping:
a. Tower Locations: Tower locations should provide the maximum amount of screening possible for off-site view of the facility.
b. Existing Vegetation: Existing on-site vegetation shall be preserved to the maximum extent possible.
c. Accessory Buildings; Ground Mounted Equipment: Accessory utility buildings and ground mounted equipment shall be screened from view from abutting rights-of-way and from abutting residentially zoned property by suitable vegetation at least five feet (5') in height, except where a design of nonvegetative screen better reflects and complements the architectural character of the surrounding area.
8. Existing Antennas And Towers: Antennas and towers existing as of the effective date hereof, which do not conform to or comply with this chapter, may be continued, including through repair, replacement, maintenance or improvement, but not including expansion, unless: a) the nonconformity or occupancy is discontinued for a period of more than one year; or b) any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50%) of its market value, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged.
9. Abandoned Or Unused Towers Or Portion Of Towers:
a. Obsolete, Unused Towers:
(1) Removal Required; Nuisance Declared: All obsolete or unused towers and accompanying accessory facilities shall be removed within six (6) months of the cessation of the operations at the site, unless a time extension is approved by the City Council. If a time extension is not approved, the tower may be deemed hazardous, substandard and/or a nuisance pursuant to Minnesota Statutes 463.15, 561.01 through 561.03, 429.101, and applicable City ordinances. After the facilities are removed, the site shall be restored to its original condition or to an improved condition, and anchoring elements shall be removed from the average finish grade to a minimum of three feet (3') below ground level. The existence of the remaining footing elements, if not removed, shall be disclosed and evidenced on the deed recorded at the Morrison County Recorder's Office. If removal and/or restoration are not completed within ninety (90) days of the expiration of the six (6) month period specified herein, the City is authorized to complete the removal and site restorations, and the costs shall be assessed against the property as a special assessment.
(2) Abatement By City: In the event a tower is determined to be a nuisance, the City may act to abate such nuisance and require removal of the tower at the leaseholder's or property owner's expense.
b. Notice Of Intent To Cease Operations:
(1) Notice Required: The leaseholder shall provide the City with a copy of the notice and date of the Federal Communications Commission's intent to cease operations and shall be given six (6) months from the date of ceasing operations to remove the obsolete tower and all accessory structures.
(2) Multiple Users: In the case of multiple operators sharing the use of a single tower, this provision shall not become effective until all users cease operations for a period of six (6) months.
(3) Ground Equipment: The equipment on the ground is not to be removed until the tower structure has first been dismantled.
(4) Restoration Of Site: After the facilities are removed, the site shall be restored to its original or an improved state.
G. Permit Required:
1. Construction, Installation: The construction or installation of any wireless communications facility requires a building and/or conditional use permit under this chapter.
2. Building Permits: Use and facilities permitted under this subsection may be authorized by the City Council or their designated representative upon the submittal and approval of a properly completed application for a building permit. Construction must be initiated within one hundred eighty (180) days of approval.
3. Conditional Use Permits: Use and facilities requiring a conditional use permit under this subsection shall be considered by the City Council or their designated representative upon submittal and approval of the properly completed application and conditional use permit being paid.
4. Applications: In addition to the application requirements, all applications for building permits or conditional use permits for new wireless communications facilities shall include the following information:
a. Professional Report: A report stamped by a State licensed professional engineer and other professionals which: 1) certifies that a detailed engineering soils report has been completed and that the design of the tower foundation is based on that report; 2) describes the tower height and design, including a cross section, elevation and foundation design; 3) certifies that facility's compliance with structural and electrical standards; 4) describes the tower's capacity, including the potential number and type of antennas that it can accommodate; 5) identifies the location of all sites that were considered as possible alternatives to the site applied for; 6) describes the lighting and/or painting to be placed on the tower if required by the Federal Communications Commission or Federal Aviation Administration; 7) certifies that the applicant or tenant has a valid license from the Federal Communications Commission to operate the proposed facilities and identifies both the class of the license and the license holders; and 8) describes how the requirements and standards of this chapter will be met by the proposed facilities.
b. Landowner Acknowledgement: Written acknowledgement by the landowner (fee title holder) is needed, of a leased site that he/she will abide by all applicable terms and reclamation requirements of this subsection. Such acknowledgement shall be applicable to all future landowners (fee title holders).
c. Facility Plan: Each applicant shall include a facility plan. The City will maintain an inventory of all existing and proposed wireless communications site installations and all providers shall provide the following information in each plan (the plan must be updated with each submittal as necessary): 1) written description of the type of consumer services each provider will provide to its customers (cellular, PCS, SMR, ESMR, paging or other anticipated wireless communications services); 2) provide a list of all existing sites, existing sites to be upgraded or replaced, and proposed cell sites within the City and within ten (10) miles of the City for these services to be provided; and 3) provide a map of the City and within ten (10) miles of the City which shows the geographic service areas of the existing and proposed cell sites.
d. Additional Information And Analysis:
(1) A copy of all required Federal, State or local agency licenses and/or compliance approvals shall be submitted with the permit application. The City Council or their designated representative may, at their discretion, require visual impact demonstrations including mock-ups and/or photographic images, screening plans, network maps, alternate site analysis, lists of other nearby wireless communications facilities or facility design alternatives for the proposed facilities.
(2) The City Council or their designated representative may employ, on behalf of the City, an independent technical expert to review technical materials submitted by the applicant or to prepare any technical materials required but not submitted by the applicant. The applicant shall pay the reasonable costs of such review and/or independent analysis.
e. Expiration Of Permit: A building permit for a telecommunications facility shall expire six (6) months after issuance, if the tower and/or supporting facilities have not been erected. An extension of time, not to exceed six (6) months per request, may be granted by the City Council or their designated representative, due to unforeseen or extenuating circumstances. No fee will be charged for an extension.
f. Denial In Writing: Denial of an application for a permit shall be in writing.
H. Additional Requirements:
1. Structural Inspections:
a. The City may conduct inspections at any time upon reasonable notice to the property owner and the tower owner for the purpose of determining if it complies with the Minnesota Building Code and other construction standards provided for in this Code, and Federal and State laws. The City's expense related to such inspection may be borne by the tower owner or property owner. Based upon the results of an inspection, the City Council or their designated representative may require repair, modification or removal of a tower.
b. Deviation from original construction for which a permit is obtained constitutes a violation of this subsection.
c. Notice of violation will be sent by postal mail to the owner and the owner will have thirty (30) days from the date the notification is issued to make repairs.
2. Radiation Emission Inspections: The owner of a telecommunications facility shall provide the City current, technical evidence of compliance with Federal Communications Commission radiation emissions requirements at the City's reasonable request.
3. Maintenance: Towers and telecommunications facilities must be maintained in accordance with the following provisions:
a. Tower 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.
b. Tower owners must install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the National Electrical 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.
c. Towers, telecommunications facilities and antenna support structures must be kept and maintained in good condition, order and repair.
d. Maintenance or construction on a tower, telecommunications facilities or antenna support structure must be performed by qualified maintenance and construction personnel.
e. All tenants on towers must comply with radio frequency emissions standards of the Federal Communications Commission. (Ord. 96, 6th Series, eff. 9-5-2017)