(A) Compliance required. Except as otherwise provided in this section, no antenna or tower may be erected, constructed, placed, re-erected, or replaced in a residential zoning district of the city except in conformance with this section.
(B) Permit required. Except as provided in division (B)(2) below, no person may erect, construct, place, re-erect, reconstruct, or replace an antenna or tower in the city without first making application for and obtaining a permit therefor from the Building Official.
(1) Information. The applicant for the permit shall provide at the time of application sufficient information to indicate that the erection, construction, placement, re-erection, reconstruction, or replacement will not create a safety hazard or damage to the property of other persons.
(2) Exceptions. Permits are not required for:
(a) An antenna or combination of antenna(e) and tower rigidly attached to a building, provided that the combination of antenna and tower does not exceed a total height of ten feet above the highest point of attachment;
(b) Antennae and tower used by the city for city purposes;
(c) Adjustment, repair, or replacement of the elements of an antenna, provided the adjustment, repair, or replacement does not reduce the safety factor; or
(d) Temporary antennae or towers erected for test purposes, emergency communication, or for broadcast remote pick-up operations; temporary antennae and towers shall be removed within 72 hours following installation.
(C) Performance standards; co-location requirements. All towers erected, constructed, or located within the city shall comply with the following requirements. A proposal for a new tower shall not be approved unless the City Council finds that the wireless telecommunication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, building, or structure within a one-mile radius of the proposed tower due to one or more of the following reasons, except that the radius shall be one-half mile for towers between 80 and 120 feet and one-quarter mile for towers under 80 feet:
(1) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a 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 equipment at the tower or building as documented by a licensed professional engineer and the interference cannot be prevented at a reasonable cost;
(3) Existing or approved towers or buildings within the radius cannot accommodate the planned equipment at a height necessary to function reasonably, as documented by a licensed professional engineer; or
(4) Other unforeseen reasons that make it infeasible to locate the planned telecommunication equipment upon an existing or approved tower or building.
(D) Location.
(1) Side yards. A tower or antenna or combination thereof may not be located in any front yard or side yard except that the towers or antennae rigidly attached to the side of the building may project into a required interior side yard provided they are at least four feet from an interior side property line.
(2) Satellite antennae. Ground-based satellite antennae are permitted only in the rear yard and, for purposes of this zoning chapter, are accessory structures. The structures are subject to the requirements for accessory structures located in this chapter.
(3) Extension into streets. No part of any antenna or tower nor any lines, cable, equipment, or wires, or braces in connection with either shall at any time extend across or over any public right-of-way, streets, highways, sidewalk, or alleys, or over any property line.
(4) Height. The total height of any tower, antennae, or combination thereof shall not exceed 35 feet from the lowest grade level at the base to the highest point of the tower, antennae, or combination thereof. The total height of roof-mounted towers, antennae, or combination thereof may not exceed 35 feet above the average elevation of the lot along the front building line of the building it is mounted on.
(E) Construction.
(1) Wind. Towers with antennae shall be designed to withstand applicable wind load requirements as prescribed in the State Building Code.
(2) Treatment. Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be treated wood in conformance with the State Building Code.
(3) Grounding. Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with the National Electrical Code.
(4) Climbing. A tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.
(5) Appurtenant structures. No antenna or tower shall have affixed or attached to it, in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communication Commission, nor shall any tower have constructed thereon or attached thereto any platform, catwalk, crow’s nest, or like structure, except during periods of construction or repair.
(F) Non-conforming installations.
(1) General rule. Antennae and towers in existence on November 23, 1994, which do not conform to or comply with this section, may continue to exist for purposes now used but may not be replaced or structurally altered, except as provided in division (B) of this section, without complying with this division (F).
(2) Restoration. A non-conforming antenna or tower which is damaged by fire or other cause to an extent of more than 50% of its market value shall not be restored except in conformity with the regulations of this chapter. However, if a building permit has been applied for within 180 days of when the antenna or tower is damaged, then the antenna or tower may be restored to its pre-damage non-conforming status subject to the applicability of the Minnesota State Building Code and other requirements of the Osseo Code of Ordinances.
(G) Variances. The City Council may grant variances to the literal provisions of this section in the same manner granted under this zoning chapter.
(H) Amateur radio towers/antennas. Amateur radio support structures (towers) shall be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on a tower may be modified and changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer’s specifications.
(1997 Code, § 25.08) (Ord. passed 11-14-1994; Am. Ord. passed 12-11-2000; Am. Ord. 2006-3, passed 5-8-2006) Penalty, see § 10.99