HomeMy WebLinkAboutOrd. 364 - Towers and Antennas
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 364
AN ORDINANCE AMENDING SECTION 9-12 OF CITY CODE OF THE CITY OF
ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY
ORDAIN AS FOLLOWS:
(strike-outs shall indicate sections to be deleted, underlining shall indicate sections to be added):
CHAPTER 12
ANTENNAS AND TOWERS
SECTION:
9-12-1: Purpose
9-12-2: Definitions
9-12-3: Permit And Lease Agreement Required
9-12- 4: Height Requirements
9-12- 5: Zoning District Regulations
9-12- 6: Co-location Requirements
9-12- 7: Design Requirements
9-12-8: Setbacks
9-12- 9: General Requirements
9-12-10: Ground Mounted Eauipment
9-12-11 : Nonconforming Antennas And Towers
9-12-12: Interference With Public Safety Telecommunications Prohibited
9-12-13: Damaged Or Destroyed Antennas And Towers
9-12-14: Abandoned Antennas And Towers
9-12-15: Variances
9-12-16: Violation; Penalties
9-12-1 : 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:
A. Facilitate the provision of commercial wireless telecommunication
services to the residents and businesses of the city;
B. Minimize adverse effects of towers through careful design and siting
standards in order to lessen the aesthetic impact on surrounding
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properties;
C. Avoid potential damage to adjacent properties from tower failure
through structural standards and setback requirements; and
D. 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.
(Ord. 270, 12-5-2000)
9-12-2: DEFINITIONS: The following words and terms shall have the
following meanings when used in this chapter:
ANTENNA: That portion of any equipment located on the exterior or
outside of any structure and used for transmitting or
receiving radio, telephone and television signals.
"Antenna", as defined in this chapter (unless otherwise
noted), pertains to all of the following antennas:
Antenna, Public
Utility 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,
Broadcasting
Transmitting: 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
Receiving: A wire, set of wires, metal or carbon fiber elements, 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
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between terrestrially and/or orbitally based uses. This
definition is meant to include, but not be limited to,
commercial satellite earth stations, TVROs (television,
receive only), and satellite microwave antennas, but does
not include personal TVRO satellite reception receivers.
Antenna,
Short Wave Radio
Transmitting And
Receiving: 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 rod or element,
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 antennas
by two (2) or more service providers on a tower, building
or structure.
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.
GUYED TOWER: A tower that is supported, in whole or in part, by wires and
ground anchors.
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LATTICE OR
SELF-SUPPORTED
TOWER: A tower erected on the ground that consists of metal crossed
strips or bars to support antennas and related equipment.
MAST: That portion of the outside antenna system to which the
antenna is attached, and the support of extension is
required to elevate the antenna to a height deemed
necessary for adequate operation.
MO~JOPOUi
TOV\'~R: f. sin~le, self sl;l~~srtiR~ ~81e ty~e tswer, ta~eriR~ frsm tAe
Base ts tAo ta~ am:.! sl;l~~srtiR~ a fj}gl;lr;e aosi~Re8 ts Asia
ana sr msre aRteRRas.
PRIVATE
PROPERTY: Land that is not "public property" as defined in this section.
PUBLIC
PROPERTY: Land owned or operated by a government entity.
PUBLIC UTILITY: Persons, corporations, or governments supplying gas,
electric, transportation, water, or land line telephone services
to the general public. For the purposes of this chapter,
wireless telecommunication service facilities shall not be
considered public utility uses and are defined separately.
SERVICE
PROVIDER: Any individual or entity that provides wireless
telecommunication services.
TOWER: Any pole, monopole, 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,
MUL TI-USER: A tower to which is attached the antennas of more
than one commercial wireless telecommunication
service provider or governmental entity.
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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 chapter.
(Ord. 270, 12-5-2000)
9-12-3: PERMIT AND LEASE AGREEMENT REQUIRED: All towers and
antennas over thirty five feet (35') from around level shall reQuire a
conditional use permit and buildina permit approvals from the City. All
towers and antennas on City-owned public property shall reQuire a lease
aareement with the City. Anv chanaes to a tower or antenna shall reQuire
an amended conditional use permit. ~J@ al"lteAAa @r t@'::er iA €meBSS @f t~irty
fi\'El fset (~5') iA ~ei~~t fram Qreloll"la levElI s~all BB BF8etea, e@l"Istrloletea, er \@Iaee€!,
@r rEl Bfeetea, F8e@Astrloletea er r8\@laeea SA \@ri\'ate @r \@IoIBlie \@re\@Brty '!:it~@loIt fifet
roeei':il"l~ a C@l"Iaiti@naILJse P€lfmit Isma sBtGlil"lil"l~ t~e l"Ie@Elssary BloIilaiA~ \@Elfmit
Gl\@\@fe\'als fram t~s eity. T~El eity s~GlII f8€1lo1ir€l Gl I€lGls€l a~rC€lmcl"lt fsr GlAY
GlAt€ll"ll"laS al"la tS'N€lrS €lre€ltea, eEmstfloletea, \@Iaeea, re ereetea, fee@Astrlolete€! er
r8\@laeea @I"I eit-y s'::l"Iea \@IoIBlie \@fS\@erty. .'\\@\@lieati€ll"l fer a C@l"Iaiti€lAElllJss PSFmit
s~all Be maae t@ t~e PlaAl"lil"l~ aAa Llimil"l~ De\@aftm€ll"lt iA t~e same maAAer, aAa
€l@l"ItaiAil"l~ t~e same il"lfeFmati@l"I, as \@loIfSlolal"lt t@ t~e C@Aaiti@l"IallJse Permit
fiJraeess as state€! iA t~e eity z@l"Iil"lQ @raiAaAeo~. (Ofa. 279, 12 5 2999)
9-12-4: HEIGHT REQUIREMENTS:
A. In Commercial and Industrial zonina districts, towers and antennas
may not exceed 150 feet in heiaht.
B. In residentiallv zoned districts, towers and antennas may not exceed
120 feet in heiaht.
C. Antennas Cincludina the mast) may be mounted on a buildina or
structure provided that the antennas do not extend over fifteen feet
(15') above the hiahest portion of the roof of the buildina or
structure.
^- If I"IS B)dstiA~ StfloletlolfEl meElts t~s ~ei~~t F8€1lo1irem€mts f€lr EmtCl"ll"las t@ Be
fiJlaeea, t~s al"ltsAAas may Be m@loIl"1tEla @A Gl \@@IEl @r mel"l@\@el€l l"I@t te
mEGo€la sn€l ~IoIA€lr8€! fifty fe€lt (159') il"l ~€li~ht il"l inalolstrially z@n€la aistriets;
nst ts s}(Geea sl"Ie ~loIl"1afea feet (199') il"l ~ei~~t il"l F8siael"ltially z@Aea
€Iistriets; ana l"I@t t@ B)(€lce€l sl"le ~IoIA€lr8a t\vel"lty feet (129') iA ~ei~~t iF!
€lsmmereially z@l"Iea aistri€lts. AAt€ll"lF!aS ~iAellolaiF!~ t~e mast) may Be
m@loIl"1te€l @I"I a BloIil€liA~ @r stfloletlolf8 \@r8viae€l t~at t~€l al"ltel"lAGlS €I@ ASt
m<<eAa ever fifteeA feet (15') ElB@'/S t~e ~i~~€lst \@@ftiSA @f t~e reef @f t~o
BloIilainQ @r strloletlolro.
1 See section 12-15-6 of this code,
5
~. M\;Ilti \;Iser to':Jl~rs may 8)(€lee€l tf.!e f.!ei~f.!t re€l\;liremeFtts as state €I aee'/e
ey \;I~ te aFt a€l€liti€mal tweFtty feet (29'); ~re'Ji€le€l, tf.!at tf.!8 miFtim\;lm
Ft\;lmeer ef a€l€litieFl611 \;ISO ra , as re€l\;lire€l aR€I state €I iR ~e€ltieFl 9 12 8 ef
this €na~tor, have €Ie le€late€l tf.!eir aRtOFtFtaS eFt tf.!e mSFte~ele str\;l€lt\;lfO.
^ t@':Jer O}(teFtsi@Ft re€l\;lires 61Ft .'\meFt€lo€l C@Ft€liti@FtallJse PBrmit as
statB€I iFt tf.!B €lity z@FtiFt~ @r€liFtaFt€le4.. (Or€!. 279, 12 8 2999)
9-12-5: ZONING DISTRICT REGULATIONS:
A. Residential Zoning Districts:
1, Towers supporting antennas and conforming to all applicable provisions
of this chapter may sflaU be allowed only in the following residentially
zoned locations: (Ord. 270, 12-5-2000; amd. 2003 Code)
a. Church sites, when camouflaged;
b. Public land, includina City water towers, schools, and
publiclv-purchased parks when the City Council determines
that the tower will not adverselv affect the use of the park
or neiahborina properties;
e. City ~arl't sites ~reater tf.!aFt teFt (19) a€lres iFt size 1@€late€l@\;Itsi€le
@f tf.!e Metre~@litaFt UreaFt Servi€le I'.rea (MUSt.), '::f.!eFt tf.!e Park
aFl€l RO€fOatisFt C@mmissieFt €letermiFtes tf.!at tf.!e tev:er is
€l@m~atiele ':/itf.! tf.!e Ftat\;lfEl @f tf.!e ~arl{;
e. City water t@':Jers;
c. Utility and transmission structures located in public rights-of-way
when attached thereto ; and
d. Utilitv and transmission structures located outside of
public riahts-of-wav, exclusivelv to serve the structures.
o. S€lf.!@@ls aFt€l ~\;Ieli€l e\;lil€liFt~s '::f.!Em €lamo\;lfla~e€l.
2. Only one tower or monopole shall exist on anyone residentially zoned
parcel of land.
B. Commercial and Industrial Districts:
1. Towers supporting antennas and conforming to all applicable provisions
of this chapter may sflaU be allowed only in the following commercially
and industrially zoned locations:
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a. Industrial ill zoned parcels of land when the appearance is
consistent with the surrounding area and is compatible with the
use;
b. Commercially zoned parcels (Shopping Center SC and General
Business GB) parcels of land when the appearance is consistent
with the surrounding area and is compatible with the use; and
c. Utility and transmission structures located in public rights-of-way
when attached thereto.
d. Utilitv and transmission structures located outside of public
riahts-of-wav exclusivelv to serve these structures.
2. Only one tower shall exist on anyone industrially or commercially
zoned parcel of land. (Ord. 270, 12-5-2000)
9-12-6: COlOCA TION REQUIREMENTS: All telecommunication towers
erected, constructed, or located within the city shall comply with the following
requirements:
A. 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 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 structural 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.
4. Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or
building.
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B. ,A.FlY 13r8I3SSS8 tsls€lsmmemi€latisFl sswi€ls ts'::sr snail BEl 8ssi~Fle8
str\;l €lt\;l rally, ele€ltri€lally aFl8 iFl all etn9r resJ:lsets, ts a€l€lSmms8ats Bstn
tne aJ:lJ:lli€lr.;mt's aFlteFlFlas aFl8 €lsml3araBle aFlteFlFlas fer at least three (J)
Gl88iti8FlGlI14sQrs if tl:le t€l'::er is €lFlG A\;IFl8m8 met (10Q') 8r mero iFl I:loi~ht
sr fer at least t'::@ (2) a€l€liti@Flal14ssrs if tAe t@\.':Elr is less tAElFl @FlS
hbln8fs8 feet (1 QQ') iFl Aei~At. Towers must be designed to allow for future
arrangement of antennas upon the tower and to accept antennas
mounted at varying heights. A tower one hundred feet (100') or more
in height shall accommodate at least three (3) additional users.
(Ord. 270, 12-5-2000)
9-12-7: DESIGN REQUIREMENTS: 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.
(Ord. 270, 12-5-2000)
9-12-8: SETBACKS: Towers shall conform with each of the following
minimum setback requirements:
A. Towers and ground mounted equipment shall meet the building
setbacks of the underlying zoning district as stated in the zoning
ordinance.
B. Towers shall be set back from all structures and all property lines at a
distance equal to the height of the tower (plus an additional 1 0 feet),
unless a qualified professional structural engineer certifies in writing that
the collapse of the tower will occur within a lesser distance under all
foreseeable circumstances.
C. A tower's setback may be reduced or its location in relation to a public
street or neighboring property varied, at the sole discretion of the City
Council. The Council's decision must be based on legitimate
findinas such as. but not limited to:
a. Aesthetic concerns
b. Safety concerns
c. City staff review
ts a1l8\.': tAS inte~Fl~tisFl 8f a ts'::er iFlt8 aFl s)(istiFlQ 8r 13r8138SS8
strbl€ltblfO Sbl€lA as a €lA\;Ir€lA steoJ:lls, li~At staFl8ar8, J:ls':Jsr liFle
strbl€ltblr8 sr similar str\;l€lt\;lro.
D. Ts'::ers snail BS J:lla€lS8 a minimblm sf fi':s n\;ln8ro8 feet (!:iOg') frem aFlY
Q)(istiFl~ rosi8ential 8':JslliFlQ emit an8 Be S13a€lEl8 a minimblm 8f 8FlEl half
(1/2) mile fmm €lash other. (Or8. 27Q, 12 5 2000)
9-12-9: GENERAL REQUIREMENTS: All towers and antennas for which a
permit is required shall comply with the following requirements:
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A. 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.
B. Signs And Advertising: The use of any portion of a tower for signs is
prohibited. Warning or equipment signs are exempt from this provision.
C. .^.eeQSS€H"; Utility ~\;IileiR~s: (NOTE: Section relocated to 9-12-10)
1. .^.I1 \;Itility B\;IileiR~s ElFIe str:'b1etblrCls aeeossery te a t@'::or sRall BO
areRitB@t\;lrally eesi~Ree t@ BleRe iR '::itR tRB s\;lrrsl;meiR~ BR\'imRmBRt aRe
sRall most tRe miRim\;lm setBa@k re€1\;1iremEmts ef tRO b1ReCflyiR~ zeRiR~
eistri@t as statse iR tRe ZElRirl~ ereiRaneo.
2. Gre\;lRe m@\;IRtee e€1\;1i~meRt sRall Be s@reoRee frem '/ie'N BY sblitaBIB
'.'o~otatiElR, EH(@e~t '-'.'Rem a Qesi~R sf ReR \'o~etativo g@monifl~ Botter
refleets lime @Elm~lemEmts tho arehitoet\;lFal eharaeter @f tRS s\;lrre\;lReiR~
Rei~RB@FR@@e .
C G. Supplemental Information: IR aeeitiElR tEl tRe iRfElrmatiElR re€1\;1iree
Olsov:Rsre iR tRis @Ra~tsr, ee\'eIEl~mEmt Applications for towers shall
include the following supplemental information:
1. A report from a qualified and licensed professional engineer that:
a. Describes the tower height and design including a cross section
and elevation;
b. Documents the height above grade for all potential mounting
positions for co-located antennas and the minimum separation
distances between antennas;
c. Describes the tower's capacity, including the number and type of
antennas that it can accommodate;
d. Documents what steps the applicant will take to avoid
interference with established public safety telecommunications;
e. Includes an engineer's stamp and registration number;
f. A coverage map showing what portions of the city will be served
by the user, along with future coverage plans and potential
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construction sites to provide similar service elsewhere in the city;
g. A report indicating that the request meets technical emission
standards set by the FCC; and
h. Includes other information necessary to evaluate the request.
2. 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.
3. Before the issuance of a building permit, the following information shall
be submitted to the city:
a. Proof that the proposed tower complies with regulations
administered by the Federal Aviation Administration; and
b. A report from a qualified and licensed professional engineer that
demonstrates the tower's compliance with the aforementioned
structural and electrical standards. (Ord. 270, 12-5-2000)
9-12-10: GROUND MOUNTED EQUIPMENT:
A. Ground mounted equipment shall be stored within a closed, secure
buildina. All buildinas accessory to a tower or antenna shall be
architecturallv desianed to blend in with the surroundina
environment.
B. Screenina shall be provided in compliance with Chapter 12-13-5.
9-12-11 9 12 1Q: NONCONFORMING ANTENNAS AND TOWERS:
Antennas and towers in existence prior to the adoption of this chapter that do not
conform to or comply with the provisions of this chapter may continue in use for
the purpose now used and as now existing but may not be structurally altered
without complying with this chapter. (Ord. 270, 12-5-2000; amd. 2003 Code)
9-12-12 9 12 11: INTERFERENCE WITH PUBLIC SAFETY
TELECOMMUNICATIONS PROHIBITED: No new or existing telecommunications
services shall interfere with public safety telecommunications. (Ord. 270, 12-5-2000)
9-12-13 9 12 12: DAMAGED OR DESTROYED 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
10
9-12-13 g 12 12: DAMAGED OR DESTROYED 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. The repair or
restoration must comply with this chapter. Provided, however, that if the cost of
repairing such damaged or destroyed antenna or tower would be fifty percent
(50%) or more of the cost of purchasing and erecting a new antenna or tower of
like kind and quality, as estimated by the Building Official, and to the 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
chapter. (Ord. 270, 12-5-2000; amd. 2003 Code)
9-12-14 g 12 1J: ABANDONED ANTENNAS AND TOWERS: Any antenna
or tower that is not used for one year shall be deemed abandoned. Within ninety-
(90) days of notice by the city, the antenna or tower and all other associated
equipment must be removed from the property. If the antenna or tower and
equipment are not removed from the property within the time period as stated
herein, a public nuisance may be declared, and the city may order that the public
nuisance be abated in a manner consistent with ordinances and policies of the
city. (Ord. 270, 12-5-2000; amd. 2003 Code)
9-12-15 g 12 14: VARIANCES: Variances from the provisions of this chapter
shall be processed and granted or denied in the same manner and based on the
same criteria as stated in the city zoning ordinance 1. (Ord. 270, 12-5-2000)
9-12-16 g 12 15: VIOLATION; PENALTIES: Any person who shall violate any
provision of this chapter shall be ~\;Iilty @f charaed with a misdemeanor and,
upon conviction thereof, shall be subject to applicable fines and imprisonment
as defined by state law. In addition to the penalties imposed by this chapter, 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 chapter, or by statute, or
by other ordinances of the city, or by applicable rules or regulations, to enforce
this chapter, including, without limitation, injunction. (Ord. 270, 12-5-2000)
1 See section 12-15-7 of this code,
11
Adopted by the City Council of the City of Andover on this 19th day of February, 2008.
CITY OF ANDOVER ~4~A~
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~Yp;v, __?'~ ~"
ATTEST: ~hael R.4 Gam~Che, Mayor
,~
/J~
Vicki V olk, City Clerk
12
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 364 SUMMARY
AN ORDINANCE REGULATING TOWERS AND ANTENNAS IN THE CITY OF
ANDOVER.
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in Minnesota
Statute 462.
Policy
The City Code's original tower and antenna regulations, Chapter 9-12, were drafted in the year 2000.
Much of the language is now outdated and needs to be brought in line with current cellular tower
technology.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements
and shall be liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of
the City Clerk.
Adopted by the City Council of the City of Andover on this 19th Day of February, 2008.
ATTEST: ~
~O
Victoria V olk, City Clerk