11.71 - Telecommunications Towers and Antennas
9 11.71
Section 11.71: Telecommunications Towers and
Antennas
Subdivision 1. Purpose
The purpose of this ordinance is to allow for and regulate the design, location,
placement, construction, maintenance, and removal of telecommunications towers
and antennas and to provide safety/emergency service through use of
telecommunications facilities; provide broader forms of communication in a more
reliable way; ensure such facilities are unobtrusively located; strictly control the
location and design of telecommunications facilities so that allowed facilities will not
be obtrusive or visually unpleasant; provide clear standards governing all aspects of
such facilities; minimize the number of new towers and to require co-locating; allow
new facilities only when a documented demonstration of need satisfactory to the
City can be shown; protect residential property and neighborhoods; promote shared
use of telecommunications towers; protect property values, the image of the City,
and the image along the City's principal arterials including Highways 55, 100 and
169, and Interstate 394.
Subdivision 2. Definitions
A. Antennas: means a device placed outdoors on a building or structure and
used to transmit and/or receive radio or electromagnetic waves, excluding:
satellite dishes, six (6) feet or shorter, whip antennas one (1) inch or less in
diameter, and television antennas having a total length of not more than six
(6) feet which are located on a dwelling or other permitted building.
B. Monopole: means a free standing, self-supporting telecommunications tower
which uses a single pole, does not use a lattice design, and has no guy wires.
C. Satellite dish or satellite earth station antenna: means a round or
conical or cone shaped device more than eighteen (18) inches in diameter,
placed outdoors on the ground or on a building or structure, and used to
transmit and/or receive radio or electromagnetic waves.
D. Telecommunication facility: means cables, wires, lines, wave guides,
antennas and any other equipment or facilities associated with the
transmission or reception of communications located or installed on or near a
tower or antenna support structure but not including a satellite earth station
antenna, (satellite dish) two (2) meters (6.56 feet) or less in diameter.
E. Telecommunications tower: means a self-supporting monopole, poles or
lattice structure constructed at normal grade and extending into the air at
least twelve (12) feet and used to support telecommunications facilities.
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F. Tower height: means the vertical distance from the average grade at the
base of the tower to the highest point of the tower or to the highest point of
the highest telecommunications facilities on the tower whichever is higher.
Subdivision 3. Demonstration of Need
The applicant shall provide an analysis prepared by a radio or electrical engineer
demonstrating that the proposed location of the antennas is necessary to meet the
coverage and capacity needs of its system and that there is no existing antenna
support structure that could adequately serve the area if antennas were placed on
it.
Subdivision 4. Location of New Facilities
The following preferences, listed in ranked order, shall be followed for a new facility
(tower) and each preference shall be analyzed to determine the most appropriate
location:
A. Whenever possible, an existing telecommunications tower, structure or
building shall be used to support the proposed facility. If an existing building
or structure is used, it shall be over thirty-five (35) feet in height.
Preference shall be given to existing light poles, high voltage utility towers
and water towers. Public and commercial buildings four (4) or more stories
high which can more likely accommodate facilities without obstructing views
or being obtrusive to views shall be given preference over shorter buildings.
B. Less restrictive (heavier) zoning district shall be given preference over more
restrictive zoning districts.
C. Sites with the least impact on residential areas. Where feasible and practical,
towers shall exceed the setback requirements by fifty percent (50%) when
located adjacent to a property zoned Residential, Two-Family Residential
(R-2) and Multiple Dwelling. Also, where feasible and practical, antennas on
properties zoned Multiple Dwelling shall be located on building rooftops
rather than have a monopole design.
D. In all cases, except for non-conforming existing towers, the location must
meet the zoning requirements.
E. Amateur radio towers in the Residential Zoning District and Two-Family (R-2)
Residential Zoning Districts are not required to co-locate.
Subdivision 5. Where Allowed
Telecommunications towers and antennae facilities are allowed in the following
zoning districts as specified provided they meet all other requirements of this
ordinance.
A. Residential Zoning District and Two-Family (R-2) Residential Zoning District.
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1. Telecommunications towers. Telecommunications towers are prohibited,
except an amateur radio tower not to exceed forty-five (45) feet in height
used by a licensed amateur radio operator residing on the site may be
permitted through a conditional use permit and subject to all other
requirements of this section and Section 11.80 of this code.
2. Antennas. Antennas ten (10) feet in length or less are allowed as a
secondary use when located on an existing structure.
3. Satellite dishes less than one (1) meter in diameter. Satellite dishes less
than one (1) meter (3.28 feet) in diameter are permitted.
4. Satellite dishes one (1) to two (2) meters. Satellite dishes one (1) to two
(2) meters (3.28 feet to 6.56 feet) in diameter may be allowed by a
conditional use permit. If located on the ground, the height must not
exceed ten (10) feet.
5. Temporary Towers. Temporary mobile towers are prohibited, except that
short-term temporary mobile towers may be allowed by administrative
permit in emergency situations.
B. Multiple Dwelling District.
1. Telecommunications towers. Telecommunications towers may be
permitted through a conditional use permit provided the height does not
exceed seventy-five (75) feet and subject to all other requirements of this
section and Section 11.80 of this Code.
2. Antennas. Antennas ten (10) feet in length or less are allowed as a
secondary use when located on an existing structure.
3. Satellite dishes less than one (1) meter in diameter. Satellite dishes less
than one (1) meter (3.28 feet) in diameter are permitted.
4. Satellite dishes one (1) to two (2) meters in diameter. Satellite dishes one
(1) to two (2) meters (3.28 feet to 6.56 feet) in diameter may be allowed
by a conditional use permit. If located on the ground, the height must not
exceed ten (10) feet.
5. Temporary Towers. Temporary mobile towers may be permitted through
an administrative permit provided the term is not greater than one
hundred (100) days and the purpose is to test a site which might qualify
for a permanent tower and the height is not greater than sixty-six (66)
feet.
C. Institutional Zoning District. Including 1-1, 1-2, 1-3 and 1-4, and
excluding 1-5.
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1. Telecommunications Towers. Telecommunications towers may be
permitted through a conditional use permit provided the height does not
exceed one hundred (100) feet and subject to all other requirements of
this section and Section 11.80 of this Code.
2. Antennas. Antennas ten (10) feet in length or less are allowed as a
secondary use when located on an existing structure.
3. Satellite dishes less than one (1) meter in diameter. Satellite dishes less
than one (1) meter (3.28 feet) in diameter are permitted.
4. Satellite dishes one (1) to two (2) meters in diameter. Satellite dishes one
(1) to two (2) meters (3.28 feet to 6.56 feet) in diameter are allowed as a
secondary use. If located on the ground, the height must not exceed ten
(10) feet.
5. Temporary Towers. Temporary mobile towers may be permitted through
an administrative permit provided the term is not greater than one
hundred (100) days, the purpose is to test a site which might qualify for a
permanent tower and the height is not greater than one hundred (100)
feet.
D. Business and Professional Office Zoning District
1. Telecommunication Towers. Telecommunications towers may be
permitted through a conditional use permit provided the height does not
exceed one hundred twenty (120) feet high and subject to all other
requirements of this of this section and Section 11.80 of this Code.
2. Antennas. Antennas ten (10) feet in length or less are allowed as a
secondary use when located on an existing structure.
3. Satellite dishes two (2) meters or less in diameter. Satellite dishes two
(2) meters (6.56 feet) or less in diameter are permitted. If located on the
ground, the height must not exceed ten (10) feet.
4. Satellite dishes more than two (2), but less than nine (9) meters in
diameter. Satellite dishes more than two (2) meters (6.56 feet), but less
than nine (9) meters (29.52 feet) in diameter may be permitted through
a conditional use permit and subject to all other requirements of this
Section and Section 11.80 of the Code. If located on the ground, the
height must not exceed thirty (30) feet.
5. Temporary Towers. Temporary mobile towers may be permitted through
an administrative permit provided the term is not greater than one
hundred (100) days, the purpose is to test a site which might qualify for a
permanent tower and the height is not greater than one hundred twenty
(120) feet.
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E. Commercial Zoning District
1. Telecommunication Towers. Telecommunications Towers may be
permitted through a conditional use permit provided the height does not
exceed one hundred twenty (120) feet and subject to all other
requirements of this of this section and Section 11.80 of this Code.
2. Antennas. Antennas ten (10) feet in length or less are allowed as a
secondary use when located on an existing structure.
3. Satellite dishes two (2) meters or less in diameter. Satellite dishes two
(2) meters (6.56 feet) or less in diameter are permitted. If located on the
ground, the height must not exceed ten (10) feet.
4. Satellite dishes more than two (2) but less than nine (9) meters in
diameter. Satellite dishes more than two (2) meters (6.56 feet) but less
than nine (9) meters (29.52 feet) in diameter may be permitted through
a conditional use permit and subject to all other requirements of this
Section and Section 11.80 of the Code. If located on the ground, the
height must not exceed thirty (30) feet.
5. Temporary Towers. Temporary mobile towers may be permitted through
an administrative permit provided the term is not greater than one
hundred (100) days, the purpose is to test a site which might qualify for a
permanent tower and the height is not greater than one hundred (120)
feet.
F. Light Industrial Zoning District
1. Telecommunication Towers. Telecommunications towers may be
permitted through a conditional use permit provided the height does not
exceed two hundred (200) feet and subject to all other requirements of
this of this section and Section 11.80 of this Code.
2. Antennas. Antennas fifteen (15) feet in length or less are allowed as a
secondary use when located on an existing structure.
3. Satellite dishes two (2) meters or less in diameter. Satellite dishes two
(2) meters (6.56 feet) or less in diameter are permitted. If located on the
ground, the height must not exceed fifteen (15) feet.
4. Satellite dishes more than two (2) but less than nine (9) meters in
diameter. Satellite dishes more than two (2) meters (6.56 feet) but less
than nine (9) meters (29.52 feet) in diameter may be permitted through
a conditional use permit and subject to all other requirements of this
Section and Section 11.80 of the Code. If located on the ground, the
height must not exceed thirty (30) feet.
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5. Temporary Towers. Temporary mobile towers may be permitted through
an administrative permit provided the term is not greater than one
hundred (100) days, the purpose is to test a site which might qualify for a
permanent tower and the height is not greater than two hundred (200)
feet.
G. Industrial Zoning District
1. Telecommunication Towers. Telecommunications towers may be
permitted through a conditional use permit provided the height does not
exceed two hundred (200) feet and subject to all other requirements of
this of this section and Section 11.80 of this Code.
2. Antennas. Antennas eighteen (18) feet in length or less are allowed as a
secondary use when located on an existing structure.
3. Satellite dishes two (2) meters or less in diameter. Satellite dishes two
(2) meters (6.56 feet) or less in diameter are permitted. If located on the
ground, the height must not exceed eighteen (18) feet.
4. Satellite dishes more than two (2) but less than nine (9) meters in
diameter. Satellite dishes more than two (2) meters (6.56 feet) but less
than nine (9) meters (29.52 feet) in diameter may be permitted through
a conditional use permit and subject to all other requirements of this
Section and Section 11.80 of the Code. If located on the ground, the
height must not exceed thirty (30) feet.
5. Temporary Towers. Temporary mobile towers may be permitted through
an administrative permit provided the term is not greater than one
hundred (l00) days, the purpose is to test a site which might qualify for a
permanent tower and the height is not greater than two hundred (200)
feet.
Subdivision 6. Design and Performance Standards
Design and performance standards are hereby established to meet the objectives of
the City and the purposes and other provisions of this chapter.
A. Facilities. If a new telecommunications tower over sixty (60) feet in height is
to be constructed:
1. the telecommunications tower must be designed to accommodate both
the applicant's antennas and antennas for at least one (1) additional
comparable user;
2. the telecommunications tower must be designed to accept antennas
mounted at additional heights;
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3. the applicant, the telecommunications tower owner, the landowner, and
their successors must allow the shared use of the telecommunications
tower if an additional user agrees in writing to meet reasonable terms and
conditions for shared use, must submit a dispute over the potential terms
and conditions to binding arbitration, and must sign the conditional use
permit agreeing to these requirements.
B. Placement. New telecommunications towers shall be placed on the site or
within the site so as to be visually as unobtrusive as possible and existing
trees and landscaping which can screen the telecommunication tower shall be
preserved.
C. Interference. The placement, design, use and operation of the
telecommunications facilities shall comply with the Telecommunications Act
of 1996 and the rules of the Federal Communications Commission.
D. Setbacks.
1. No telecommunication tower shall be located in the required minimum
front, side, or rear yard building setback of any parcel.
2. Exceptions. Use of existing light poles, high voltage poles or towers, and
telecommunications towers are exempt from the setback requirements
provided that such pole or telecommunication tower is not increased in
height.
3. Satellite Dish. In the Institutional, Business and Industrial zones, no
satellite dish greater than two (2) meters (6.56 feet) shall be located in
the minimum required front or side-yard setbacks.
E. Ground Structures. If the ground structure is a building, the design shall be
compatible with the principal building. If no principal building is on the site,
the building must be compatible with near-by buildings. Structures which are
not buildings must be designed to be compatible with the area.
F. Structural. Telecommunications towers shall be approved by a licensed and
qualified professional structural engineer to conform to the lateral and other
structure standards of the most current uniform building code and to be
structurally sound for conditions reasonably likely to occur on or near the site
and be capable of carrying at least four (4) separate antenna arrays if the
tower is higher than one hundred thirty (130) feet. All other applicable
requirements of other federal, state and other regulatory agencies must be
met.
G. Guy Wires. Guy wires are prohibited for new telecommunications towers.
H. Security. Reasonable security measures shall be provided. If fencing is used,
it must be decorative and landscaping shall be used to soften its impact.
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1. Lighting. No telecommunications towers or antennas shall be artificially
illuminated unless required by law or the Federal Aviation Administration.
This provision does not prevent general exterior lighting of a building or
steeple to meet aesthetic or functional objectives provided such lighting
otherwise meets the provisions of the code.
J. Signs. No sign shall be located on a telecommunications tower or antenna
except to provide necessary information as required to meet federal, state or
local laws.
K. Landscaping and Screening. All telecommunication towers and related
building facilities shall be landscaped and screened with natural vegetation to
lessen the visual impact. The natural vegetation on the site shall be
documented on the site plans. Suitable existing vegetation shall be retained
to the extent possible based on an analysis of the site. New landscaping shall
be shown on a landscape plan, which will be reviewed as part of the
conditional use permit application.
L. Color. The finished color for the telecommunication tower shall be natural for
the environment and setting and shall be permanent e.g. anodized, baked
enamel.
M. Access. Adequate access to the facility must be provided from a public right
of way to the facility consistent with the type of facility constructed.
N. Parking. No off-street parking is required for telecommunications towers or
antennas. However, if off-street parking is provided, it shall have a suitable
base and be landscaped along the outside perimeter.
O. Antenna Locations and Mounting. Locating and mounting antennas on
buildings and structures are governed by the following:
1. If mounted at the top of a telecommunication tower so that any portion of
the antenna extends above the top of the tower, such extension is
included in determining the height of the tower.
2. If mounted on a public water tower, light pole, high voltage utility pole,
steeple or similar structure, preference shall be given to placing the
antennas on the side or on the support portion of the structure instead of
on top of the facility.
3. If mounted on a building, preference shall be given to placing the antenna
on the side of the building mounted flush with the building and colored to
match the background instead of a location on top of the building.
However, any antenna mounted on the side of a building shall not extend
above the roofline. (Satellite dishes may be more appropriately located on
the roof and screened from view.)
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4. If mounted on the top of a building, preference shall be given to placing
the antennas in the center portion of the building. In no event shall a
rooftop antenna be located closer than ten (10) feet from all outside
edges/perimeter of the building.
5. Antennas located on the side or top of a building or structure shall be
designed, colored, and maintained to blend in with the color and
architecture of the building or structure.
Subdivision 7. Additional Standards for Public Property
A. Declaration. The City recognizes that in certain locations and in certain
circumstances it is appropriate public policy and in the best interest of the
community to allow using some public land and structures for
telecommunication facilities because it may provide efficient use of resources
and may reduce clutter by using existing facilities. Accordingly, the City
supports consideration of the following when applications meet all other
provisions of the ordinance:
1. Allowing high voltage electric utility tower, some of which are in public
rights of way, to be used .as telecommunications towers.
2. Encouraging/Allowing existing Mn/DOT and City light poles within the
right of way of principal roads including Trunk Highway 100, 169, 55 and
Interstate 394 to be used as telecommunications towers.
3. Encouraging the use of the tower located on Mn/DOT's property at the
northwest quadrant of Trunk Highway 100 and Duluth Street.
4. Allowing existing City light poles to be used as telecommunications towers
but not in the Residential Zoning District, the Two-Family (R-2)
Residential Zoning District nor the neighborhood parks.
5. Allowing public land and structures to be used for telecommunications
structures, but not in neighborhood parks as defined by the
Comprehensive Plan. On school sites, telecommunications towers shall not
exceed one hundred (100) feet.
Subdivision 8. Non-conforming Facilities
Legal non-conforming towers may be structurally altered to carry additional
antenna arrays provided:
A. The height is not increased
B. The location of the tower and the proposed change is not adverse to the use
and enjoyment of the adjacent property.
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C. The proposed change and plan include meeting design standards of the
ordinance to the extent reasonably possible.
D. A review is made by the City allowing the change and subject to plans and
conditions agreeable to the City and applicant.
Subdivision 9. Review Procedure
Telecommunication towers and antennas are subject to the conditional use permit
requirements specified in Section 11.80 of this Code, provided however that all
other requirements of Section 11.71 of the Code are complied with.
Subdivision 10. Inspection
The City may inspect towers, antenna support facilities, and the property on which
such facilities are located to determine compliance with the City Code, its
ordinances, regulations, and conditions of approval. The City may require repair or
modification of the facility, site maintenance, or removal of the facility based on the
results of the inspection.
Subdivision 11. Maintenance
Telecommunications towers and antennas and the site upon which they are located
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, fixtures and other equipment in compliance with the requirements
of the National Electric Safety 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, antenna support structures, and
landscaped areas 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. Towers and antennas must comply with radio frequency emissions standards
of the Federal Communications Commission.
F. If the use of a tower is discontinued by the tower owner or lessee, the tower
owner or lessee must provide written notice to the City of its intent to
discontinue use and the date when the use will be discontinued.
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Subdivision 12. Removal
Any tower or antenna which is not used for twelve (12) months shall be removed
along with any associated above ground facilities within ninety (90) days of said
twelve (12) months unless an extension is approved by the City Council prior to the
expiration of said ninety (90) days. Failure to remove a tower or antenna as
provided by this subdivision shall be deemed a nuisance and the City may act to
abate such nuisance and require removal at the property owner's expense.
Source: Ordinance No. 271, 2nd Series
Effective Date: 11-15-02
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