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HomeMy WebLinkAboutOrd. 270 - Antennas & Towers CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 270 An Ordinance repealing Ordinance No. 113 (An Ordinance Regulating the Construction and Maintenance of Private and Commercial Antennas and Towers) adopted May 7, 1996, and Ordinance No. 118 (An Ordinance Protecting the Planning Process and the Health, Safety and Welfare of Residents and Establishing a Temporary Moratorium on Antennas, Towers, or Any Equipment Used for the Transmitting or Receiving Telecommunication, Television or Radio Signals Within the City) adopted January 4, 2000. AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF PRIVATE AND COMMERCIAL ANTENNAS AND TOWERS. The City Council of the City of Andover hereby ordains as follows: Section 1. Purpose. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the City Council finds that these regulations are necessary in order to: 1. facilitate the provision of commercial wireless telecommunication services to the residents and businesses of the City; 2. minimize adverse effects Qftowers through careful design and siting standards in order to lessen the aesthetic impact on surrounding properties; 3. avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and 4. maximize the use of existing and approved towers and buildings to accommodate new commercial wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. Section 2. Definitions. The following words and terms shall have the following meanings in this ordinance: Antenna that portion of any equipment located on the exterior or outside of any structure, used for transmitting or receiving radio, telephone and 1 television signals. Antenna as defined in this ordinance (unless otherwise noted) pertains to all of the following antennas: Antenna. Public Utilitv Microwave a parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof. Antenna. Radio and Television. Broadcastin'i! Transmittin'i! a wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming, and including the support structure thereof. Antenna. Radio and Television Receivin'i! a wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio television, or electromagnetic waves, and including the supporting structure thereof. Antenna. Satellite Dish a device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to commercial satellite earth stations, TVRO's (television, receive only), and satellite microwave antennas, but does not include personal TVRO satellite reception receivers. Antenna. Short-Wave Radio Transmitting and Receivin'i! a wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short-wave radio communications, and including the supporting structure thereof. Antenna. Telecommunications a device consisting of a metal, carbon fiber, or other electromagnetically conductive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and is used for the transmission and reception of radio waves in digital, analog or other wireless or personal communication services (i.e. cellular, paging, internet, etc.). Co-Location the placement of wireless telecommunication antennae by two (2) or rnore service providers on a tower, building or structure. 2 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. Federal Communications Commission the Federal Administrative Agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. Guved Tower a tower that is supported, in whole or in part, by wires and ground anchors. Lattice or Self-Suvvorted Tower a tower, erected on the ground, which consists of metal crossed strips or bars to support antennae and related equipment. Mast that portion of the outside antenna system to which the antenna is attached, and the support of extension required to elevate the antenna to height deemed necessary for adequate operation. Monovole Tower a single, self-supporting pole type tower, tapering from the base to the top and supporting a fixture designed to hold one (1) or more antennae. Private Provertv land that is not public property as defined in this section. Public Provertv land owned or operated by a government entity. Public Utilitv persons, corporations, or governments supplying gas, electric, transportation, water, or land line telephone services to the general public. . For the purposes of this ordinance, wireless telecommunication service facilities shall not be considered public utility uses and are defined separately. Service Provider any individual or entity which provides wireless telecommunication services. Tower any pole, spire, or structure (excluding structures required for the transmission of electric energy), or any combination, to which any antenna could be attached, or which is designed for any antenna to be attached, and all supporting lines, cables, wires and braces. Tower. Multi-User a tower to which is attached the antennas of more than one (1) commercial wireless telecommunication service provider or governmental entity. 3 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 ordinance. Section 3. Permit Reauired. No antenna or tower in excess of thirty-five (35) feet in height from ground level of any kind shall be erected, constructed, or placed, or re-erected, re-constructed or replaced on private or public property without first receiving a special use permit and obtaining the necessary building permit approvals from the City. The City shall require a lease agreement for any antennas and towers erected, constructed, placed, re-erected, re- constructed or replaced on City owned public property. Application for a special use permit shall be made to the Planning and Zoning Department in the same manner, and containing the same information, as pursuant to the . special use permit process as stated in the City Zoning Ordinance. Section 4. Tower/Antenna Heil!ht Reauirements. If no existing structure meets the height requirements for antennas to be placed, the antennas may be mounted on a pole or monopole not to exceed ISO feet in height in industrial zoned districts; not to exceed 100 feet in height in residential zoned districts; and not to exceed 120 feet in height in commercial zoned districts. Antennas (including the mast) may be mounted on a building or structure provided that the antennas do not extend over fifteen (15) feet above the highest portion of the roof of the building or structure. Multi user towers may exceed the height requirements as stated above by up to an additional twenty (20) feet provided that the minimum number of additional users as required and stated in Section 7 of this ordinance have co-located their antennas on the monopole structure. A tower extension requires an amended special use permit as stated in the City Zoning Ordinance. Section 5. Towers/Antennas in Residential Zonine: Districts. Towers supporting antennas and conforming to all applicable provisions of this ordinance shall may be allowed only in the following residential zoned locations: 1. Church sites, when camouflaged; .2. City park sites greater than ten (10) acres in size located outside of the Metropolitan Urban Service Area (MUSA), when the Park and Recreation Commission determines that the tower is compatible with the nature ofthe park; 4 3. City water towers; 4. On utility and transmission structures located in public rights-of-way; and 5. Schools and public buildings when camouflaged. Only one (1) tower shall exist on anyone (1) residential zoned parcel ofIand. Section 6. Towers/Antennas in Commercial and Industrial Zoned Districts. Towers supporting antennas and conforming to all applicable provisions of this ordinance shall be allowed only in the following commercial and industrial zoned locations: 1. Industrial "I" zoned parcels of land when the appearance is consistent with the surrounding area, and is compatible with the use; 2. Commercial zoned parcels (Shopping Center "SC" and General Business "GB") parcels ofIand when the appearance is consistent with the surrounding area, and is compatible with the use; and 3. Utility and trarismission structures located in public rights-of-way when attached thereto. Only one (1) tower shall exist on anyone (1) industrial or commercial zoned parcel of land. Section 7. Co-Location Requirements. All telecommunication towers erected, constructed, or located within the City shall comply with the following requirements: I. A proposal for a new 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 an existing approved tower or building" due to one (1) 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 and licensed structural engineer, and the existing or approved tower cannot be reinforced, modified, or replaced 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 5 documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost. c. 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 engmeer. 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 telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least three (3) additional users if the tower is one hundred (100) feet or more in height or for at least two (2) additional users if the tower is less than one hundred (100) feet in height. Towers must be designed to allow for future arrangement of antennas upon the tower and to accept antennas mounted at varying heights. Section 8. Tower and Antenna Desil!n Reauirements. Telecommunication service towers shall be of a monopole design unless the City Council determines an alternative design would better blend into the surrounding environment. Lattice towers are prohibited. Section 9. Tower Setbacks. Towers shall conform with each of the following minimum setback requirements: 1. Towers shall meet the building setbacks of the underlying zoning district as stated in the Zoning Ordinance. 2. Towers shall be setback from all structures and all property lines at a distance equal to the height of the tower (plus and additional ten [10] feet), unless a qualified professional structural engineer certifies in writing that the collapse of the tower will occur with a lesser distance under all foreseeable circumstances. 3. 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, structure or similar structure. 4. Towers shall be placed a minimum of five hundred (500) feet from any existing residential dwelling unit and be spaced a minimum of 1/2 mile from each 6 other. Section 10. General Requirements. All towers and antennas for which a permit is required shall comply with the following requirements: I. 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. 2. Signs and Advertising. The use of any portion of a tower for signs is prohibited. Warning or equipment signs are exempt from this provision. 3. Accessorv 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 as stated in the Zoning Ordinance. 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. 4. Additional Submittal Requirements. In addition to the information required elsewhere in this ordinance, development applications for towers shall include the following supplemental information: a. A report from a qualified and licensed professional engineer which: 1. describes the tower height and design including a cross section and elevation; 2. documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas; 3. describes the tower's capacity, including the number and type of antennas that it can accommodate; 4. documents what steps the applicant will take to avoid interference with established public safety telecommunications; 5. includes an engineer's stamp and registration number; 7 6. a coverage map showing what portions of the City will be served by the user, along with future coverage plans and potential construction sites to provide similar service elsewhere in the City; 7. a report indicating that the request meets technical emission standards set by the FCC; and 8. includes other information necessary to evaluate the request. b. For all 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 information shall be submitted to the City: 1. proof that the proposed tower complies with regulations administered by the Federal Aviation Administration; and 2. a report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical standards. Section 11. Existinl! Antennas and Towers. Antennas and towers in existence prior to the adoption ofthis ordinance which do not conform to or comply with the provisions of this ordinance may continue in use for the purpose now used and as now existing but may not be structurally altered without complying with all respects to this ordinance. Section 12. Interference with Public Safety Telecommunications. No new or existing telecommunications services shall interfere with public safety telecommunications. Section 13. Destroved or Damal!ed Antennas and Towers. If an antenna or tower is damaged or destroyed due to any reason or cause whatsoever, the same may be repaired or restored to its former use, location and physical dimensions upon obtaining a building permit but without first complying with this ordinance. Provided, however, that if the cost of repairing such damage or destroyed antenna or tower would be fifty (50) percent or more, as estimated by the Building Official, ofthe cost of purchasing and erecting a new antenna or tower of like kind and quality and to the 8 former use, physical dimensions and location, then the antenna or tower may not be repaired or restored except in full compliance with the requirements of this ordinance. Section 14. Abandoned Antennas and Towers. and Removal. Any antenna or tower which is not used for one (1) consecutive year shall be deemed abandoned and must be removed with all other associated equipment from the property within ninety (90) days notice by the City. If the antenna, tower or equipment is not removed from the property within the time period as stated above, the City may order that the public nuisance be abated in a manner consistent with ordinances and policies of the City. Section 15. Variances. Variances from the literal provisions of this ordinance shall be processed and granted or denied in the same manner and based on the same criteria as stated in the City Zoning Ordinance. Section 16. Severabilitv. If any portion of this ordinance is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of other portions of this ordinance. Section 17. Penaltv. Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor and shall be subject to applicable fines and imprisonment as defined by State law. In addition to the penalties imposed by this ordinance, the City may exercise, with or separately from such penalties, all and any other legal and equitable remedies then available to the City by this ordinance, or by statute, or by other ordinances of the City, or by applicable rules or regulations, to enforce this ordinance, including, without limitation, injunction. Adopted by the City Council of the City of Andover on this 5th day of December, 2000. ATTEST: CITY OF ANDOVER ~()4 Victoria Volk, City Clerk t )??C/ 9 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 270 SUMMARY An Ordinance repealing Ordinance No. 113 (An Ordinance Regulating the Construction and Maintenance of Private and Commercial Antennas and Towers) adopted May 7, 1996, and Ordinance No. 118 (An Ordinance Protecting the Planning Process and the Health, Safety and Welfare of Residents and Establishing a Temporary Moratorium on Antennas, Towers, or Any Equipment Used for the Transmitting or Receiving Telecommunication, Television or Radio Signals Within the City) adopted January 4, 2000. AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF PRIVATE AND COMMERCIAL ANTENNAS AND TOWERS. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Policy The purpose of this ordinance is to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community. The City Council finds the regulations set forth in this ordinance are necessary in order to: 1. facilitate the provision of commercial wireless telecommunication services to the residents and businesses of the City; 2. minimize adverse effects of towers through careful design and siting standards in order to lessen the aesthetic impact on surrounding properties; 3. avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and 4. maximize the use of existing and approved towers and buildings to accommodate new commercial wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. 1 Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or hisfher designees shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provision of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Abrogation and Greater Restrictions It is not the intent of this ordinance to repeal, abrogate, or impair any existing easement, covenants or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. A printed copy of this ordinance is available for inspection by any person during regular office hours of the City Clerk and at the Andover Branch of the Anoka County Library. Adopted by the City Council of the City of Andover on this 19th day of December, 2000. ATTEST: CITY OF ANDOVER il.2u:. J tJ~/ / Victoria V olk, City Clerk 2