HomeMy WebLinkAboutOrdinance 1424COLUMBIA HEIGHTS
TOWER SITING
ORDINANCE NO. 1424
Table of Contents
1. Purpose ................................................................................................................................2
2. Definitions ............................................................................................................................3
3. Applicability ........................................................................................................................6
4. Exempt ~-om City Review ...................................................................................................7
5. Permitted Locations .............................................................................................................7
6. Existing Towers ...................................................................................................................8
7. Co-LocationUse, Modi~cation andReloeationofExistingTowers ..................................9
8. Application to Locate Wireless Communications Facility on Existing Tow~r ................. 10
9. Wireless Communications Facilities on Antenna Support Structures ...............................11
10. Application to Locate Wireless Commtmications Facility on Antenna
Support Structure .............................................................................................................12
11. Utility Pole-Mounted Wireless Communication Facilities ................................................14
12. Application for Utility Pole-Mounted Wireless Commtmications Facility .......................15
13. Construction of New Towers .............................................................................................16
a. Conditions of Approval for Wireless Communications Towers ..................................16
b. Requirements for Separation Between Towers ............................................................16
c. Standards for Co-Location ...........................................................................................17
d. Tower Design and Type ...............................................................................................18
e. Landscaping Minimum Requirements .........................................................................19
f. Visual Impact Standards ..............................................................................................19
14. Application Process for New Towers ................................................................................21
15. Annual Registration Requirement ......................................................................................24
a. Wireless Communications Facilities ............................................................................24
b. Wireless Comnmnications Towers ..............................................................................24
16. General Requirements ........................................................................................................25
a. Duration of Permits ......................................................................................................25
b. Assignment and Subleasing .........................................................................................25
c. Aesthetics .....................................................................................................................25
d. Federal and State Requirements ...................................................................................26
e. Licenses or Franchise ...................................................................................................26
f. Discontinued Use .........................................................................................................26
g. Abandoned Tower or Antenna .....................................................................................26
h. FCC Emissions Standards ............................................................................................27
i. Maintenance .................................................................................................................28
j. Emergency ...................................................................................................................28
k. Equipment Cabinets .....................................................................................................29
1. Equipment on Site ........................................................................................................29
m. Inspections ...................................................................................................................29
n. Security ........................................................................................................................29
o. Advances in Technology ..............................................................................................30
17. Review of Applications ......................................................................................................30
18. Appeals ..............................................................................................................................30
19. Revocation .........................................................................................................................30
WHEREAS, City staff has drafted amendments to the City Code determined to be
necessary to protect the aesthetic, health, safety and welfare concerns found to exist.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA, AS FOLLOWS:
Section 1. Section 9.116(16)(a)(ix) of the City Code is hereby repealed.
Section 2. Chapter 9 of the City Code is hereby amended to include a new Section 9.615, to
read as follows:
"9.615 Wireless Communications Towers and Antennas.
1)
Purpose. The purpose of this Section is to provide a uniform and comprehensive set of
standards for the development and installation of wireless communications towers,
antennas and related facilities. The regulations and requirements contained herein are
intended to: (i) regulate the placement, construction and modification of wireless
communications towers and related wireless communications facilities in order to protect
the health, safety, and welfare of the public and the aesthetic quality of the City; and (ii)
encourage managed development of wireless communications infi'astmcmre, while at the
same time not unreasonably interfering with the development of the competitive wireless
communications marketplace in the City of Columbia Heights.
It is intended that the City shall apply these regulations to accomplish the following:
Minimize the total number of towers throughout the community through siting
standards;
b)
Encourage the location of towers in non-residential areas and with compatible
uses;
c)
Provide for the appropriate location and development of wireless communications
towers, antennas and related facilities within the City, to the extent possible, to
minimize potential adverse impacts on the community;
d)
Minimize adverse visual impacts of wireless communications towers and related
facilities through careful design, siting, landscape screening, and innovative
camouflaging techniques utilizing current and future technologies;
e)
Promote and encourage shared use/co-location of towers and antenna support
structures;
Maintain and preserve the existing residential character of the City of Columbia
Heights and its neighborhoods and to promote the creation of a convenient,
attractive and harmonious community;
2)
g)
Promote the public safety and avoid the risk of damage to adjacent properties by
ensuring that wireless communications towers and related wireless
communications facilities are properly designed, constructed, modified,
maintained and removed;
h)
Ensure that wireless communications towers and related wireless communications
facilities are compatible with surrounding land uses;
i)
Encourage the use of alternative support structures, co-location of new antennas
on existing wireless communications towers, camouflaged towers, and
construction of towers with the ability to locate three or more providers;
j)
Maintain and ensure that a non-discriminatory, competitive and broad range of
wireless communications services and high quality wireless communications
infrastructure consistent with federal law are provided to serve the community;
and
k)
Ensure that wireless communications facilities comply with radio frequency
emissions standards as promulgated by the Federal Communications Commission.
This Section is not intended to regulate satellite dishes, satellite earth station antennas,
residential television antennas in private use, multichannel multipoint distribution service
antennas, or amateur radio antennas.
Definitions. For the purposes of this Section the following terms and phrases shall have
the meaning ascribed to them herein:
Accessory Structure means a structure or portion of a structure subordinate to
and serving the principal structure on the same lot.
Accessory Use shall have the meaning set forth in the Land Use and
Development Ordinance.
Antenna means a device fabricated of fiberglass, metal or other material designed
for use in transmitting and/or receiving communications signals and usually
attached to a wireless communications tower or antenna support structure.
Antenna Support Structure means any building or structure, excluding towers,
used or useable for one or more wireless communications facilities.
Buffer or Buffering means a natural or landscaped area or screening device
intended to separate and/or partially obstruct the view of adjacent land uses or
properties from one another so as to lessen the impact and adverse relationship
between dissimilar, unrelated or incompatible land uses.
· City means the City of Columbia Heights, Minnesota, and any and all
departments, agencies and divisions thereof.
City Code means the Columbia Heights City Code, as amended from time to
time.
City Council or Council means the Columbia Heights City Council or its
designee.
City Manager means the City Manager of the City of Columbia Heights,
Minnesota or the City Manager's designee.
Co-location means the use of a single wireless communications tower, antenna
support structure and/or site by more than one provider.
Conditional Use means those uses that are generally compatible with other uses
permitted in a zoning district, but that require individual review of their location,
design, configuration, intensity and structures, and may require the imposition of
conditions pertinent thereto in order to ensure the appropriateness of the use at a
particular location. This definition shall only apply to this specific Section and
shall not apply to other Sections or provisions of the Land Use and Development
Ordinance.
Conditional Use Permit means a permit specially and individually granted by the
Council after a public hearing thereon by the Planning Commission for any
conditional use so permitted in any zoning district. In approving a conditional use
permit, the Council may impose reasonable conditions to accomplish the
objectives of this Section with respect to use, screening, lighting, hours of
operation, noise control, maintenance, operation or other requirements.
Equipment Cabinet or Shelter means a structure located near a wireless
communications facility that contains electronics, back-up power generators
and/or other on-site supporting equipment necessary for the operation of the
facility.
Existing Tower means any tower designated as an existing tower by subsection 6
of this Section for which a permit has been properly issued prior to the effective
date of this Ordinance, including permitted towers that have not yet been
constructed so long as such approval is current and not expired. After the
effective date of this Ordinance, any tower approved and constructed pursuant to
the provisions of this Section shall thereafter be treated as an existing tower for
purposes of regulation pursuant to this Ordinance and the Land Use and
Development Ordinance.
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Guyed Tower means a wireless communications tower that is supported, in
whole or in part, by guy wires and grotmd anchors or other means of support
besides the superstructure of the tower itself.
Land Use and Development Ordinance means Chapter 9 of the Columbia
Heights Code, as it may be amended from time to time.
Microwave Dish Antenna means a dish-like antenna used to transmit and/or
receive wireless communications signals between terminal locations.
Monopole Tower means a wireless communications tower consisting of a single
pole or spire supported by a permanent foundation, constructed without guy wires
and ground anchors.
Non-Conformity shall have the meaning given in Minn. Stat.§ 394.22, Subd. 8,
or successor statutes, and shall be governed by the provisions of the Land Use and
Development Ordinance (Non~Conformities).
Ordinance means this Ordinance No. 1424.
Panel Antenna means an array of antennas designed to direct, transmit or receive
radio signals from a particular direction.
Pico Cell means a low-power cell whose coverage area extends 300 to 500 yards.
Planning Commission means the Columbia Heights Planning and Zoning
Commission.
Provider (when used with reference to a system) means a person or entity that
provides wireless communications service over a wireless communications
facility, whether or not the provider owns the facility. A person that leases a
portion of a wireless communications facility shall be treated as a provider for
purposes of this Section.
Satellite Dish means an antenna device incorporating a reflective surface that is
solid, open mesh, or bar configured that is shallow dish, cone, hom, or
cornucopia-shaped and is used to transmit and/or receive electromagnetic signals.
This definition is meant to include, but is not limited to, what are commonly
referred to as satellite earth stations, TVROs and satellite microwave antennas.
Self-support/Lattice Tower means a tower structure requiring no guy wires for
support.
Stealth or Camouflaged Tower, Equipment Cabinet or Facility means any
wireless communications tower, equipment cabinet or facility designed to hide,
obscure or conceal the presence of the tower, antenna, equipment cabinet or other
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3)
related facility. The stealth technology used must incorporate the wireless
communications tower, equipment cabinet and facility into and be compatible
with the existing or proposed Uses of the site. Examples of stealth facilities
include, but are not limited to: architecturally screened roof-mounted antennas,
antennas integrated into architectural elements, and wireless communications
towers designed to look like light poles, power poles, trees, flag poles, clocks,
steeples or bell towers.
Utility Pole-Mounted Facility means a wireless communications facility
attached, without regard to mounting, to or upon an electric transmission or
distribution pole, street light, traffic signal, athletic field light, utility support
structure or other similar facility located within a public right-of-way or utility
easement approved by the Planning Commission. The facility shall include any
associated equipment shelters regardless of where they are located with respect to
the mount.
Whip Antenna means an omni-directional antenna used to transmit and/or
receive radio signals.
Wireless Communications Facility means a facility that is used to provide one
or more wireless communications services, including, without limitation, arrays,
antennas and associated facilities used to transmit and/or receive wireless
communications signals. This term does not include wireless communications
towers, over-the-air reception devices that deliver or receive broadcast signals,
satellite dishes regulated by 47 C.F.R. § 25.104, devices that provide direct-to-
home satellite services CDBS") or devices that provide multiehartnel multi-point
distribution services CMMDS") as defined and regulated by 47 C.F.R. § 1.4000,
as amended.
Wireless Communications Services means those services specified in 47 U.S.C.
§§ 332(c)(7)(C) and 332(d)(1)-(2), and any amendments thereto.
Wireless Communications Tower means a guyed, monopole or self-
support/lattice tower, or extension thereto, constructed as a freestanding structure,
supporting one or more wireless communications facilities used in the provision
of wireless communications services.
Zoning Administrator means the person appointed by the City Manager as
provided in the Land Use and Development Ordinance.
Applicability. The requirements of this Section apply to the extent provided herein to all
new, existing, replacement, re-located or expanded and/or modified wireless
communications towers and wireless communications facilities. The requirements of this
Section apply throughout the City. It is the express intent of the City to impose, to the
extent permitted by applicable law, all requirements of this Section to all land within the
4)
S)
City, whether publicly or privately held, including, without limitation, private property,
City property, church property, utility property and school property.
a) Non-Essential Services. Wireless communications towers and wireless
communications facilities will be regulated and permitted pursuant to this Section
and not regulated or permitted as essential services, public utilities or private
utilities.
b) Attempt to Locate on Existing Tower or Antenna Support Structure. Every
owner/operator seeking to locate a wireless communications facility within the
City must attempt to locate on an existing wireless communications tower or
antenna support structure as required by subsections 7 through 8 of this Section.
Exempt from City Review. The following activities shall be permitted without City
approvals:
a) Amateur Radio - the installation of any antenna and its supporting tower, pole or
mast to the extent City regulation is preempted by state or federal law.
b) Residential Television Antennas - the installation of residential television
antennas in private use to the extent preempted by state and federal law.
c) Satellite Dishes - the installation of satellite dishes to the extent preempted by
state or federal law.
d) Mobile News-the use of mobile services equipment providing public information
coverage of news events of a temporary or emergency nature.
Permitted Locations. The following applies to all wireless communications towers,
including re-located or expanded and/or modified towers, but not to existing towers:
a) Wireless communications towers less than 120 feet in height shall be a permitted
use in the I-1 and 1-2 zoning districts.
b) Wireless communications towers greater than or equal to 120 feet in height shall
be a conditional use in the I-1 and 1-2 zoning districts.
c) Wireless communications towers less than 80 feet in height shall be a permitted
use in the RB, CBD and GB zoning districts.
d) Wireless communications towers greater than or equal to 80 feet in height shall be
a conditional use in the RB, CBD and GB zoning districts.
e) Wireless communications towers less than 80 feet in height shall only be allowed
as a conditional use in the R-l, R-2, R-3, R-4 and LB zoning districts.
6)
Wireless communications towers greater than or equal to 80 feet in height shall
not be apermitted use in the R-l, R-2, R-3, R-4 and LB zoning districts.
g)
Except where superseded by the requirements of county, state or federal
regulatory agencies possessing jurisdiction over wireless communications towers,
equipment cabinets and wireless communications facilities, such towers,
equipment cabinets and facilities shall be stealth towers, stealth equipment
cabinets and stealth facilities camouflaged to blend into the surrounding
environment using stealth technology in a manner pre-approved by the City on a
case-by-case basis.
Utility pole-mounted facilities shall be permitted as accessory uses in all zoning
districts. Applications for such facilities shall be subject to the conditions set
forth in this Section.
Existing Towers.
Except where otherwise noted, existing towers shall not be rendered non-
conforming uses by this Section. The City encourages the use of these existing
towers for purposes of co-locating additional wireless commtmications facilities.
Any and all towers erected and in use or approved on or before the effective date
of this Ordinance shall be treated as existing towers. These towers shall be
considered conforming uses with respect to this Section and the City shall allow
co-location on these towers subject to the requirements of subsection 7 of this
Section so long as the providers utilize the most visually unobtrusive equipment
that is technologically feasible.
h)
Owners of existing towers shall be required to comply with the requirements and
procedures set forth in subections 13 and 14 ("Construction of New Towers" and
"Application Process for New Towers") to replace an existing tower.
c)
Owners of existing towers shall be required to comply with the applicable
requirements and procedures set forth in subsections 6, 7, 8 and 13 ("Existing
Towers," "Co-location Use, Modification and Relocation of Existing Towers,"
"Application to Locate Wireless Communications Facility on Existing Tower,"
and "Construction of New Towers") to modify or relocate an existing tower or to
co-locate a wireless communications facility on an existing tower.
d)
Increases in height of an existing wireless communications tower, modification of
an existing wireless communications tower or conversion of an existing wireless
communications tower to a stealth or camouflage structure shall be treated as a
new tower and subject to all the applicable requirements of this Section.
e)
Owners of existing wireless communications towers shall be required to comply
with the requirements set forth in subsection 15 ("Annual Registration") and
subsection 16 ("General Requirements").
7)
Co-Location Use, Modification and Relocation of Existing Towers.
a)
Any owner of an existing tower or antenna support structure containing additional
capacity suitable for installation or co-location of wireless communications
facilities shall permit providers to install or co-locate said facilities on such towers
or antenna support structures; provided that no existing tower or antenna support
structure shall be used to support wireless communications facilities for more than
three separate providers. Any co-location of wireless communications facilities
shall be subject to mutually agreeable terms and conditions negotiated between
the parties.
b)
Any existing tower may be modified or relocated to accommodate co-location of
additional wireless communications facilities as follows:
(i)
An application for a wireless communications permit to modify or relocate
a wireless communications tower shall be made to the Zoning
Administrator. The application shall contain the information required by
subsection 14(b)-(c) of this Section. The Zoning Administrator shall have
the authority to issue a wireless communications permit without further
approval by the Council or the Planning Commission, except as provided
in this Section. Any denial of an application for a wireless
communications permit to modify or relocate a wireless communications
tower for purposes of co-location shall be made in accordance with
subsection 14(e) of this Section.
(ii)
The total height of the modified tower and wireless communications
facilities attached thereto shall not exceed the maximum height allowed
for a permitted wireless communications tower in the zoning district in
which the tower is located, unless a conditional use permit is granted by
the City.
(iii)
Permission to exceed the existing height shall not require an additional
distance separation from designated areas as set forth in this Section. The
tower's pre-modification height shall be used to calculate such distance
separations.
(iv)
A tower which is being rebuilt to accommodate the co-location of
additional wireless communications facilities may be moved on the same
parcel subject to compliance with the requirements of this Section.
(V)
A tower that is relocated on the same parcel shall continue to be measured
from the original tower location for the purpose of calculating the
separation distances between towers as provided herein.
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8)
Application to Locate Wireless Communications Facility on Existing Tower.
An application for a wireless communications permit to locate or re-locate a
wireless communications facility on an existing tower must be submitted to the
Zoning Administrator on the designated form and shall, at a minimum, contain the
following:
(i) Name, address and telephone number of the applicant;
(ii)
Location of the existing tower, along with the tower owner's name and
telephone number;
(iii)
Number of applicant's wireless communications facilities to be located on
the subject tower;
(iv)
A sworn and certified statement in writing by a qualified engineer that the
wireless communications facility will conform to any and all other
construction standards set forth by the City Code, and federal and state
law;
(V)
An application fee in the amount set by the Council for each wireless
communications facility listed on the application;
(vi)
A copy of all licenses and/or franchises required by federal, state or local
law for the construction and/or operation of a wireless communications
system in the City;
(vii)
A scaled site plan clearly indicating the location, type and height of the
proposed wireless commtmications facility, on-site land uses and zoning,
elevation and stealth design drawings of the proposed wireless
communications facility and the supporting tower, topography, and any
other information deemed by the City to be necessary to assess
compliance with this Ordinance and the Land Use and Development
Ordinance;
(viii)
An inventory of the applicant's existing towers and wireless
communications facilities, if any, that are either within the jurisdiction of
the City or within one mile of the City limits, including specific
information about the location, height, and design of each wireless
communications facility or tower;
(ix)
A certification that the applicant will comply with all applicable federal,
state or local laws including all the provisions of the Land Use and
Development Ordinance; and
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(x)
A certification that the site described in the application is located on an
existing tower and the owner/operator agrees to the co-location of the
subject wireless communications facility.
b)
An application for a wireless communications permit to locate or re-locate a
wireless communications facility that proposes to co-locate said facility on an
existing tower and that satisfies the requirements set forth in this Section, shall
receive expedited treatment in the review process.
c)
So as to further expedite the permitting process and to promote the efficient use of
existing sites, the City encourages the users of existing towers to submit a single
application for approval of multiple users on a single existing site. Applications
for approval at multiple user sites shall be given priority in the review process.
The fee to be submitted with a multiple user application shall be the fee specified
in this subsection multiplied by the number of users listed in such application.
d)
A petitioner shall submit any additional information requested by the City for
purposes of evaluating the permit request.
e)
In granting or denying a wireless communications permit to locate or re-locate a
wireless commtmications facility on an existing tower, the Zoning Administrator
shall prepare a written record of decision including findings of fact.
9) Wireless Communications Facilities on Antenna Support Structures.
All wireless communications facilities to be located on antenna support structures
shall be subject to the following minimum standards:
(i)
Wireless communications facilities shall only be permitted on buildings
which are at least thirty-five (35) feet tall.
(ii)
Wireless communications facilities shall be permitted on the City's water
tower; provided that the City may impose reasonable conditions which
ensure that such facilities do not interfere with access to or maintenance of
the tower.
(iii)
If an equipment cabinet associated with a wireless communications
facility is located on the roof of a building, the area of the equipment
cabinet shall not exceed ten (10) feet in height, four hundred (400) square
feet in area nor occupy more than ten percent (10%) of the roof area. All
equipment cabinets shall be constructed out of nonreflective materials and
shall be designed to blend with existing architecture and located or
designed to minimize their visibility.
b) Antenna dimensions.
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(i)
Unless a conditional use permit is obtained from the City, whip antennas
and their supports must not exceed 25' in height and 12" in diameter and
must be constructed of a material or color which matches the exterior of
the antenna support structure.
(ii)
Unless a conditional use permit is obtained from the City, panel antennas
and their supports must not exceed 8' in height or 2.5' in width and must
be constructed of a material or color which matches the exterior of the
building or structure, so as to achieve maximum compatibility and
minimum visibility.
(iii)
Unless a conditional use permit is obtained from the City, microwave dish
antennas located below sixty-five (65) feet above the ground may not
exceed six (6) feet in diameter. Microwave dish antennas located sixty-
five (65) feet and higher above the ground may not exceed eight (8) feet in
diameter.
c)
Notwithstanding anything to the contrary, wireless communications facilities and
related equipment shall not be installed on antenna support structures in
residential zoning districts, unless a conditional use permit is obtained from the
City.
d)
Wireless comxnnnications facilities located on antenna support structures, and
their related equipment cabinets, shall be located or screened to minimize the
visual impact of such facilities and equipment cabinets upon adjacent properties.
Any such screening shall be of a material and color that matches the exterior of
the building or structure upon which it is situated. Wireless communications
facilities and related equipment cabinets shall be of a stealth design, and shall
have an exterior finish and/or design as approved by the City.
Application to Locate Wireless Communications Facility on Antenna Support
Structure.
An application for a wireless communications permit to locate or re-locate a
wireless communications facility on an antenna support structure must be
submitted to the Zoning Administrator on the designated form and shall, at a
minimum, contain the following:
(i) Name, address and telephone number of the applicant;
(ii)
Location of the antenna support structure, along with the property owner's
name and telephone nunaber;
(iii)
Number of applicant's wireless communications facilities to be located on
the subject property;
12
b)
c)
(iv)
A sworn and certified statement in writing by a qualified engineer that the
wireless communications facility will conform to any and all requirements
and standards set forth in the City Code, and federal and state law;
(v)
An application fee in an amount set by the Council for each wireless
communications facility listed on the application;
(vi)
A copy of all licenses and/or fi'anchises required by federal, state or local
law for the construction and/or operation of a wireless commtmications
system in the City;
(vii)
A scaled site plan clearly indicating the location, type and height of the
proposed wireless eommtmications facility, on-site land uses and zoning,
elevation and stealth design drawings of the proposed wireless
communications facility and the rooftop and building, topography, a
current survey, landscape plans, and any other information deemed by the
City to be necessary to assess compliance with this Ordinance and the
Land Use and Development Ordinance;
(viii)
An inventory of the applicant's existing towers and wireless
communications facilities, if any, that are either within the jurisdiction of
the City or within one mile of the City limits, including specific
information about the location, height, and design of each wireless
communications facility or tower;
(ix)
A certification that the applicant will comply with all applicable federal,
state or local laws including all the provisions of this Ordinance and the
Land Use and Development Ordinance; and
(X)
A certification that the site described in the application is located on an
existing antenna support structure and the owner/operator agrees to the
location or co-location of the subject wireless communications facility.
An application for a wireless communications permit to locate or re-locate a
wireless communications facility that proposes to co-locate said facility on an
antenna support structure and that satisfies the requirements set forth in this
Section, shall receive expedited treatment in the review process.
So as to further expedite the permitting process and to promote the efficient use of
existing sites, the City encourages the users of antenna support structures to
submit a single application for approval of multiple users on a single existing site.
Applications for approval at multiple user sites shall be given priority in the
review process. The fee to be submitted with a multiple user application shall be
the fee described in this Section multiplied by the number of users listed in such
application.
13
11)
d)
e)
Utility
a)
h)
d)
e)
An applicant must submit a proposed stealth design for camouflaging its wireless
communications facility, unless this requirement is preempted by the operation of
applicable laws or regulations.
A petitioner shall submit any additional information requested by the City for
purposes of evaluating the permit request.
In granting or denying a wireless commtmications permit to locate or re-locate a
wireless communications facility on an antenna support structure, the Zoning
Administrator shall prepare a written record of decision including findings of fact.
Pole-Mounted Wireless Communications Facilities.
Utility pole-mounted wireless communications facilities may be permitted as
accessory uses in all zoning districts if the provider uses pico cell equipment.
Such facilities shall only be permitted in public rights-of-way that are at least 100
feet in width. To the greatest practical extent, utility pole-mounted wireless
communications facilities shall be sited where they are concealed from public
view by other objects such as trees or buildings. When it is necessary to site such
a facility in public view, to the greatest practical extent it shall be designed to
limit visual impact on surrotmding land uses, which design must be approved by
the City.
The height of a utility pole-mounted facility shall not exceed two (2) feet above
the pole structure.
Equipment cabinets associated with utility pole-mounted wireless
communications facilities which are located within the public right-of-way shall
be of a scale and design that make them no more visually obtrusive than other
types of utility equipment boxes normally located within the fight-of-way and
shall be located in a manner and location approved by the City. To the greatest
practical extent, equipment cabinets associated with utility pole-motmted facilities
which are located outside of the public right-of-way shall be concealed from
public view or shall be architecturally designed using stealth technology or
buffered to be compatible with surrotmding land uses, except that such shelters
located in residential zoning districts must be screened from the view of residents
and pedestrians.
Equipment cabinets associated with utility pole-motmted wireless
communications facilities which are located outside the public right-of-way shall
meet the setback requirements for accessory buildings and structures for the
zoning district in which the equipment cabinet is located.
Generators associated with equipment shelters must meet with the requirements of
the City Code.
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Application for Utility Pole-Mounted Wireless Communications Facility.
An application for a wireless communications permit to locate or re-locate a
utility pole-mounted wireless communications facility must be submitted to the
Zoning Administrator on the designated form and shall, at a minimum, contain the
following:
(i) Name, address and telephone number of the applicant;
(ii)
Location of the utility pole-motmt, along with the property owner's name
and telephone number;
(iii)
Number of applicant's wireless communications facilities to be located on
the subject property;
(iv)
A sworn and certified statement in writing by a qualified engineer that the
wireless communications facility will conform to any and all requirements
and standards set forth in the City Code, and federal and state law;
An application fee in the amount set by the Council for each wireless
communications facility listed on the application;
(vi)
A copy of all licenses and/or franchises required by federal, state or local
law for the construction and/or operation of a wireless communications
system in the City;
(vii)
A scaled site plan clearly indicating the location, type and height of the
proposed wireless communications facility, on-site land uses and zoning,
elevation and stealth design drawings of the proposed wireless
communications facility and utility pole-mount, topography, a current
survey, landscape plans, and any other information deemed by the City to
be necessary to assess compliance with this Ordinance and the Land Use
and Development Ordinance;
(viii)
An inventory of the applicant's existing towers and wireless
communications facilities, if any, that are either within the jurisdiction of
the City or within one mile of the City limits, including specific
information about the location, height, and design of each wireless
communications facility or tower;
(ix)
A certification that the applicant will comply with all applicable federal,
state or local laws including all the provisions of this Ordinance and the
Land Use and Development Ordinance; and
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13)
(x)
A certification that the site described in the application is located on a
utility pole-mount and the owner/operator agrees to the location of the
wireless communications facility.
b)
An application for a wireless communications permit to locate or re-locate a
wireless communications facility that proposes to co-locate said facility on an
already existing utility pole-mount and that satisfies the requirements set forth in
this Section, shall receive expedited treatment in the review process.
e)
A petitioner shall submit any additional information requested by the City for
purposes of evaluating the permit request.
d)
In granting or denying a wireless communications permit to locate or re-locate a
utility pole-mounted wireless communications facility, the Zoning Administrator
shall prepare a written record of decision including findings of fact.
Construction of New Towers.
(a) Conditions of Approval for Wireless Communications Towers.
(i)
Setback. The distance between the base of any proposed wireless
communications tower, measured from the center of a tower, and the
nearest lot line shall be at least equal to the height of the tower, provided
that this distance may be reduced to a specified amount if an applicant
provides a certification from the tower manufacturer or a qualified
engineer stating that the tower is designed and constructed in such a way
as to crumple, bend, collapse or otherwise fall within the specified
distance.
In no event shall the distance between the base of a proposed wireless
commtmications tower, measured from the center of the tower, and the
nearest lot line be less than twenty (20) percent of the tower height.
(ii)
Structural requirements. All wireless communications tower designs must
be certified by a qualified engineer specializing in tower structures and
licensed to practice in the State of Minnesota. The certification must state
the tower design is stmcturally sound and, at a minimum, in conformance
with the City's Building Code, the State Building Code, and any other
standards outlined in the Land Use and Development Ordinance, as
amended from time to time.
(iii)
Height. The height of permitted wireless communications towers shall be
as specified in subsection 5 of this Section.
16
b)
c)
Requirements for Separation Between Towers.
(i)
Except for wireless communications facilities located on roof-tops or
utility pole-mounted facilities, the minimum wireless communications
tower separation distance shall be calculated and applied irrespective of
jurisdictional boundaries.
(ii)
Measurement of wireless communications tower separation distances for
the purpose of compliance with this Section shall be measured from the
base of a wireless communications tower to the base of the existing or
approved wireless communications tower.
(iii)
Proposed towers must meet the following minimum separation
requirements from existing towers or towers previously approved but not
yet constructed at the time a development pennit is granted pursuant to
this Section:
MINIIvlUM TOWER SEPARATION DISTANCE
Height of Height of Minimum
Existing Tower Proposed Tower Separation
Less than 50' Less than 50' 100'
" 50'-100' 200'
" 101'-150' 400'
" 151'-200' 800'
50'-100' Lessthan S0' 100'
" 50'-100' 400'
" 101'-150' 600'
" 151'-200' 800'
101'-150' Less than50' 100'
" 50'-100' 400'
" 101'-150' 600'
" 151'-200' 800'
151'-200' Less than50, 100'
" 50'-100' 600'
" 101'-150' 800'
" 151'-200' 1000'
For the purpose of this subsection, the separation distances shall be measured by
drawing or following a straight line between the center of the base of the existing
or approved structure and the center of the proposed base, pursuant to a site plan
of the proposed wireless communications tower.
Standards for Co-location. This subsection is designed to foster shared use of
wireless communications towers.
(i)
Construction of Excess Capacity. Any owner of a wireless
communications tower shall permit other providers to install or co-locate
antennae or wireless communications facilities on such towers, if available
17
space and structural capacity exists; provided, however, that no wireless
communications tower shall be used to support wireless communications
facilities for more than three separate providers. Any co-location of
wireless communications facilities shall be subject to mutually agreeable
terms and conditions negotiated between the parties. All new wireless
communications towers shall be constructed with excess capacity for co-
location as follows:
(ii)
(iii)
(iv)
(V)
Less than 80 feet in height
80 feet to 119 feet in height
120 feet in height or greater
One additional user
Two or more additional users
(up to a maximum of three
users)
Three additional users
Notwithstanding anything to the contrary, all new monopole towers over
80 feet in height and existing monopole towers that are extended to a
height over 80 feet shall be designed and built to accommodate at least
two providers, and up to a maximum of three providers if technically
possible.
Notwithstanding anything to the contrary, all new guyed towers, and
existing guyed towers that are replaced or modified shall be designed and
built to accommodate three providers.
Site area. The site or leased footprint shall contain sufficient square
footage to accommodate the equipment/mechanical facilities for all
proposed providers based upon the structural capacity of the tower.
Setbacks. If it is determined that a proposed wireless communications
tower cannot meet setback requirements due to increases in tower height
to accommodate the co-location of at least one additional wireless
commtmications service provider, minimum setback requirements may be
reduced by a maximum of fifteen (15) feet, unless such a reduction would
decrease the distance between the base of the tower and the nearest lot line
to less than twenty (20) percent of the tower height, in which case set-back
requirements may be reduced to a distance that is equal to or greater than
twenty (20) percent of the tower height.
Tower Design and Type.
(i)
All proposed wireless communications towers shall be monopole towers
or stealth towers. Self-supporting towers or gnyed lattice towers shall
only be permitted as a replacement of like structures.
(ii)
Utility pole-mounted facilities or extensions on utility poles to
accommodate the mounting of wireless communications facilities shall be
of the monopole type.
18
e)
(iii) Antennas shall be of the uni-cell variety whenever feasible or mounted
internal to the wireless commtmications tower structure.
(iv)
Stealth wireless communications towers, equipment cabinets and related
facilities shall be required in all zoning districts.
Landscaping Minimum Requirements. Wireless communications towers shall
be landscaped with a buffer of plant materials that effectively screens the view of
the tower compound from surrounding property. The standard buffer shall consist
of a landscaped strip at least ten (10) feet wide outside the perimeter of the
compound. Existing mature growth and natural land forms on the site shall be
preserved to the maximum extent possible. In some cases, such as wireless
communications towers sited on large, wooded lots, natural growth around the
property perimeter may be a sufficient buffer. All areas disturbed during project
construction shall be replanted with vegetation. The owner of a wireless
communications tower is responsible for all landscaping obligations and costs. A
landscaping plan for the purpose of screening the base of the tower from view
shall be submitted to the Zoning Administrator for approval prior to the issuance
of a building permit for the tower. The City may waive the enforcement of this
condition if it is deemed unnecessary.
Visual Impact Standards. To assess the compatibility with and impact on
adjacent properties of a proposed wireless communications tower site, an
applicant seeking to construct, relocate or modify a wireless communications
tower may be required to submit a visual impact analysis. The requirements of
this subsection shall be required for any application to construct a tower greater
than 80 feet in height. The applicant may request a review of a proposed wireless
communications tower location, prior to submission of an application, to
determine whether or not a visual impact analysis will be required. The applicant
shall be advised of the requirement to submit a visual impact analysis by the City
within ten (10) working days following the City's receipt of the applicant's
application for construction of a new wireless communication tower or the
relocation or modification of an existing tower.
(i)
Whenever a visual impact analysis is required, an applicant shall utilize
digital imaging technology to prepare the analysis in a manner acceptable
to the City. At a minimum, a visual impact analysis must provide the
following information:
The location of the proposed wireless communications tower
illustrated upon an aerial photograph at a scale of not more than
one inch equals 300 feet (1" = 300'). All adjacent zoning districts
within a 3,000 foot radius from all property lines of the proposed
wireless communications tower site shall be indicated; and
19
(ii)
(iii)
b,
A line of site analysis which shall include the following
information:
certification that the proposed wireless communications
tower meets or exceeds standards contained in this Section;
identification of all significant existing natural and
manmade features adjacent to the proposed wireless
communications tower site and identification of features
which may provide buffering and screening for adjacent
properties and public rights-of-way;
identification of at least three specific points within a 2,000
foot radius of the proposed wireless communications tower
location, subject to approval by the Zoning Administrator,
for conducting the visual impact analysis;
copies of all calculations and a description of the
methodology used in selecting the points of view and
collection of data submitted in the analysis;
graphic illustration of the visual impact of the proposed
wireless communications tower, at a scale that does not
exceed 5 degrees of horizontal distance, presented from the
specific identified points;
identification of all screening and buffering materials under
the permanent control of the applicant (only screening and
buffering materials located within the boundaries of the
proposed site shall be considered for the visual impact
analysis); and
identification of all screening and buffering materials that
are not under the permanent control of the applicant but are
considered of a permanent nature due to ownership or use
patterns, such as a public park, vegetation preserve,
required development buffer, etc.
Screening and buffering materials considered in the visual impact analysis
shall not be removed by future development on the site. However,
screening and buffering materials considered in the visual impact analysis
shall be replaced if they die.
An applicant shall provide any additional information that may be required
by the Zoning Administrator to fully review and evaluate the potential
impact of the proposed wireless communications tower.
2O
14) Application Process for New Towers.
The use of existing structures to locate wireless communications facilities shall be
preferred to the construction of new wireless communications towers. To be
eligible to construct a new wireless communications tower within City limits, an
applicant must establish to the satisfaction of the City that the applicant is unable
to provide the service sought by the applicant from available sites, including co-
locations within the City and in neighboring jurisdictions; and the applicant must
demonstrate to the reasonable satisfaction of the City that no other suitable
existing tower or antenna support structure is available, including utility poles;
and that no reasonable alternative technology exists that can accommodate the
applicant's wireless communications facility due to one or more of the following
factors:
(i)
The structure provides insufficient height to allow the applicant's facility
to function reasonably in parity with similar facilities;
(ii)
The structure provides insufficient structural strength to support the
applicant's wireless communications facility;
(iii)
The structure provides insufficient space to allow the applicant's wireless
commtmications facility to fimction effectively and reasonably in parity
with similar equipment;
(iv)
Use of the existing structure would result in electromagnetic interference
that cannot reasonably be corrected;
(V)
The existing structure is unavailable for lease under a reasonable leasing
agreement;
(vi)
Use of the structure would create a greater visual impact on surrounding
land uses than the proposed altemative or otherwise would be less in
keeping with the goals, objectives, intent, preferences, purposes, criteria or
standards of this Ordinance, the Land Use and Development Ordinance
and land development regulations; and/or
(vii) Other limiting factors.
b)
An applicant must submit any technical information requested by the City or its
designated engineering consultant as part of the review and evaluation process.
c)
An application for a wireless communications permit to construct a wireless
communications tower must be submitted to the Zoning Administrator on the
designated form and shall contain, at a minimum, the following information:
21
6)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(X)
Name, address and telephone number of the applicant;
Proposed location of the wireless communications tower, along with all
studies, maps and other information required by subsections 13 and 14 of
this Section (applicant shall submit information for only one proposed
tower per application);
Number of applicant' s wireless communications facilities to be located on
the subject tower and the number of spaces available for co-location;
A swom and certified statement in writing by a qualified engineer that the
wireless communications tower will conform to all requirements set forth
in the City Code, and federal and state law;
An application fee in the amount set by the Council;
A copy of all licenses and/or franchises required by federal, state or local
law for the construction and/or operation of a wireless communications
system in the City;
A scaled site plan clearly indicating the location, type and height of the
proposed wireless communications tower, on-site land uses and zoning,
elevation and stealth design drawings of the proposed tower, topography,
and any other information deemed by the Zoning Administrator to be
necessary to assess compliance with this Ordinance and the Land Use and
Development Ordinance;
An inventory of the applicant's existing towers and wireless
commtmications facilities, if any, that are either within the jurisdiction of
the City or within one mile of the City limits, including specific
information about the location, height, and design of each wireless
communications facility or tower;
The names, addresses and telephone numbers of all owners of existing
towers or antenna support structures within an area equal to one hundred
percent (100%) of the search ring for the wireless communications facility
proposed to be located on the proposed new tower;
Written documentation in the form of an affidavit that the applicant made
diligent, but unsuccessful efforts for permission to install or co-locate the
proposed wireless commtmications facility on all existing towers or
antenna support structures located within an area equal to one hundred
percent (100%) of the search ring for the proposed site of the wireless
communications facility;
22
d)
e)
(xi)
Written, technical evidence from a qualified engineer that the proposed
wireless communications facility cannot be installed or co-located on an
existing tower or antenna support structure located within the City and
must be located at the proposed site in order to meet the coverage
requirements of the proposed wireless commtmications service, together
with a composite propagation study which illustrates graphically existing
and proposed coverage in industry-accepted median received signal
ranges;
(xii)
A written statement from a qualified engineer that the construction and
placement of the proposed wireless communications tower will comply
with Federal Communications Commission radiation standards for
interference and safety and will produce no significant signal interference
with public safety communications and the usual and customary
transmission or reception of radio, television, or other communications
services enjoyed by adjacent residential and non-residential properties;
and
(xiii)
A certification that the applicant will comply with all applicable federal,
state or local laws including all the provisions of this Ordinance and the
Land Use and Development Ordinance.
A proposed wireless communications tower that exceeds the height limitations for
a permitted tower in the GB, RB, CBD, I-1 or 1-2 zoning districts, or any
proposed wireless communications tower under eighty (80) feet in the R-l, R-2,
R-3, R-4, or LB districts, shall only be allowed upon approval of a conditional use
permit. The City Council may establish any reasonable conditions for approval
that are deemed necessary to mitigate adverse impacts associated with the
conditional use, to protect neighboring properties, and to achieve the objectives of
this Ordinance and the Land Use and Development Ordinance. Such a
conditional use permit shall be required in addition to a wireless communications
permit.
In granting or denying a wireless communications permit to construct a wireless
communications tower, the Zoning Administrator shall prepare a written record of
decision including findings of fact. Proposed wireless communication towers that
meet the standards and requirements contained herein, including location and
height limitations, may be approved administratively by the Zoning
Administrator. Proposed wireless communication towers that do not meet the
standards and requirements contained herein, including location and height
limitations, may be denied administratively by the Zoning Administrator,
provided that the written record of decision including findings of fact is accepted
by the Council.
23
15) Annual Registration Requirement.
Wireless Communications Facilities. To enable the City to keep accurate, up-
to-date records of the location of wireless communications facilities within City
limits, on an annual basis, no later than February 1 of each year, or upon change
in ownership of wireless communications facilities, the owner/operator of such
facilities shall submit documentation to the Zoning Administrator providing:
(i)
Certification in writing that the wireless communications facility conforms
to the requirements, in effect at the time of construction of the facility, of
the State Building Code and all other requirements and standards set forth
in the City Code, and federal and state law by filing a swom and certified
statement by a qualified engineer to that effect. A wireless
communications facility owner/operator may be required by the City to
submit more frequent certification should there be reason to believe that
the structural and/or electrical integrity of the wireless communications
facility is jeopardized. The City reserves the fight upon reasonable notice
to the owner/operator of the wireless communications facility to conduct
inspections for the purpose of determining whether the wireless
commtmications facility complies with the State Building Code and all
requirements and standards set forth in local, state or federal laws; and
(ii)
The name, address and telephone number of any new owner, if there has
been a change of ownership of the wireless commtmications facility.
Annual payment of a registration fee, as set by the Council, for each wireless
communications facility located within the City shall be submitted to the City at
the time of submission of the documentation required above.
b)
Wireless Communications Towers. To enable the City to keep accurate, up-to-
date records of the location and continued use of wireless commtmications towers
within City limits, on an annual basis, no later than February 1 of each year, or
upon change in ownership of a wireless communications tower, the
owner/operator of each tower shall submit documentation to the Zoning
Administrator providing:
(i)
Certification in writing that the wireless communications tower is
strucmrally sound and conforms to the requirements, in effect at the time
of construction of the tower, of the State Building Code and all applicable
standards and requirements set forth in the City Code, and federal and
state law, by filing a swom and certified statement by a qualified engineer
to that effect. The tower owner may be required by City to submit more
frequent certifications should there be reason to believe that the structural
and/or electrical integrity of the tower is jeopardized;
24
(ii)
The number of providers located on the tower and their names, addresses
and telephone numbers;
(iii) The type and use of any wireless communications facilities located on the
tower; and
(iv) The name, address and telephone number of any new owner of the tower,
if there has been a change of ownership of the tower.
An annual payment of a registration fee, as set by the Council, for each tower
located within the City shall be submitted to the City at the time of submission of
the documentation required above.
General Requirements. The following conditions apply to all wireless communications
towers and wireless communications facilities in the City:
Duration of Permits. If substantial construction or installation has not taken
place within one year after City approval of a wireless communications permit,
the approval shall be considered void unless a petition for time extension has been
granted by the City Council. Such a petition shall be submitted in writing at least
30 days prior to the expiration of the approval and shall state facts showing a
good faith effort to complete the work permitted under the original permit.
b)
Assignment and Subleasing. No wireless communications facility, tower or
antenna support structure or wireless communications permit may be sold,
transferred or assigned without prior notification to the City. No sublease shall be
entered into by any provider until the sublessee has obtained a permit for the
subject wireless communications facility or tower or antenna support structure.
No potential prorider shall be allowed to argue that a permit should be issued for
an assigned or subleased wireless communications facility or tower or antenna
support structure on the basis of any expense incurred in relation to the facility or
site.
c)
Aesthetics. Wireless communications towers and wireless communications
facilities shall meet the following requirements:
(i)
Signs. No commercial signs or advertising shall be allowed on a wireless
communications tower or a wireless communications facility.
(ii)
Lighting. No signals, lights, or illumination shall be permitted on a
wireless communications tower or a wireless communications facility,
unless required by the Federal Aviation Administration or other applicable
authority. If lighting is required, the lighting alternatives and design
chosen must cause the least obtrusiveness to the surrounding community.
However, an applicant shall obtain approval from the City if the Federal
Aviation Administration requires the addition of standard obstruction
25
e)
marking and lighting (i.e., red lighting and orange and white striping) to
the tower. An applicant shall notify the Zoning Administrator prior to
making any changes to the original finish of the tower.
(iii)
Graffiti. Any graffiti or other unauthorized inscribed materials shall be
removed promptly or otherwise covered in a manner substantially similar
to, and consistent, with the original exterior finish. The City may provide
a wireless communications tower or equipment cabinet owner and/or
operator written notice to remove or cover graffiti within a specific period
of time or as required by other appropriate sections of the City Code as
presently existing or as may be periodically amended. In the event the
graffiti has not been removed or painted over by the owner and/or operator
within the specified time period, the City shall have the fight to remove or
paint over the graffiti or other inscribed materials. In the event the City
has to remove or paint over the graffiti, then the owner and/or operator of
the wireless commtmications tower or equipment cabinet or structure on
which the graffiti existed, shall be responsible for all costs incurred.
Federal and State Requirements. All wireless communications towers and
wireless commtmications facilities must meet or exceed the standards and
regulations of the Federal Aviation Administration, the Federal Communications
Commission, and any other agency of the state or federal government with the
authority to regulate wireless communications towers and facilities. If such
standards and regulations change, then the owners of the wireless
communications towers and wireless communications facilities subject to such
standards and regulations must bring such towers and facilities into compliance
with such revised standards and regulations within six (6) months of the effective
date of such standards and regulations, unless a different compliance schedule is
mandated by the controlling state or federal agency. Failure to maintain or bring
wireless commtmications towers and wireless communications facilities into
compliance with such revised standards and regulations shall constitute a
violation of this Ordinance and shall be subject to enfomement under the City
Code. Penalties for violation may include fines and removal of the tower or
wireless communications facility at the owner's expense.
Licenses or Franchise. An owner of a wireless commtmications tower or
wireless communications facility must notify the City in writing within 48 hours
of any revocation or failure to renew any necessary license or franchise.
Discontinued Use. In the event the use of a wireless communications tower or
wireless communications facility is discontinued, the owner and/or operator shall
provide written notice to the City of its intent to discontinue use and the date
when the use shall be discontinued.
Abandoned Tower or Antenna. The City may require removal of any
abandoned or unused wireless communications tower or wireless commtmications
26
h)
facility by the tower or facility owner within thirty (30) days after notice from the
City of abandonment. A wireless commtmications tower or wireless
communications facility shall be considered abandoned if use has been
discontinued for one hundred eighty (180) consecutive days.
(i)
Removal by City. Where a wireless communications tower or wireless
communications facility is abandoned but not removed within the
specified time frame, the City may remove the facility or remove or
demolish the tower and place a lien on the property following the
procedures (but not the criteria) for demolition of an unsafe
building/structure of the City' s housing code.
(ii)
Towers Utilized for Other Purposes. Where a wireless communications
tower is utilized for other purposes, including but not limited to light
standards and power poles, it shall not be considered abandoned; provided,
however, that the height of the tower may be reduced by the City so that
the tower is no higher than necessary to accommodate previously
established uses.
(iii)
Restoration of Area. Where a wireless commtmications tower or facility is
removed by an owner, said owner, at no expense to the City, shall restore
the area to as good a condition as prior to the placement of the tower or
facility, unless otherwise instructed by the City.
(iv)
Surety or Letter of Credit for Removal. Prior to the issuance of a building
permit, a surety or letter of credit shall be submitted by the property
owner(s) or tower operator(s) to ensure the removal of abandoned wireless
communications towers. The surety or letter of credit shall be utilized to
cover the cost of removal and disposal of abandoned towers and shall
consist of the following:
a. submission of an estimate from a certified structural engineer
indicating the cost to remove and dispose of the tower; and
either a surety or a letter of credit, equivalent to one hundred percent
(100%) of the estimated cost to remove and dispose of the tower. The
form of the surety or the letter of credit shall be subject to approval by
the Zoning Administrator and the City Attorney.
FCC Emissions Standards. At all times, owners and/or operators of wireless
commtmications facilities shall comply with the radio frequency emissions
standards of the Federal Communications Commission.
(i)
Testing required. All existing and future wireless communications
facilities shall be tested in accordance with applicable laws and
regulations. Such testing, to the extent it is required, shall comply with
27
i)
l)
standards and procedures prescribed by the Federal Communications
Commission.
(ii)
Inspections. The City reserves the right to conduct random radio
frequency emissions inspections. The cost for such random inspections
shall be paid from the wireless communications annual registration fees,
unless an owner and/or operator is found to be in non-compliance with
Federal Communications Commission RF emissions standards,
whereupon the non-compliant owner and/or operator shall reimburse the
City in full for the cost of the inspection.
Maintenance. All wireless communications facilities, wireless communications
towers and antenna support structures shall at all times be kept and maintained in
good condition, order, and repair, and, maintained in stealth condition (if stealth
or camouflage is a permit requirement). The same shall not menace or endanger
the life or property of any person, and shall retain original characteristics. All
maintenance or construction on a wireless communications tower, wireless
communications facility or antenna support structure shall be performed by
licensed maintenance and construction personnel. The City shall notify a provider
in writing regarding any specific maintenance required under this Section. A
provider shall make all necessary repairs within thirty (30) days of such
notification. Failure to effect noticed repairs within thirty (30) days may result in
revocation of a tower owner's or provider's permit and/or removal of the tower,
wireless communications facility or antenna support structure.
Emergency. The City reserves the right to enter upon and disconnect, dismantle
or otherwise remove any wireless communications tower or wireless
communications facility should the same become an immediate hazard to the
safety of persons or property due to emergency circumstances, as determined by
the Zoning Administrator or his designee, such as natural or manmade disasters or
accidents, when the owner of any such tower or facility is not available to
immediately remedy the hazard. The City shall notify any said owner of any such
action within twenty-four (24) hours. The owner and/or operator shall reimburse
the City for the costs incurred by the City for action taken pursuant to this
subsection.
Equipment Cabinets. Equipment cabinets located on the ground shall be
constructed out of non-reflective materials and shall be screened from sight by
mature landscaping and located or designed to minimize their visibility. All
equipment cabinets shall be no taller than ten (10) feet in height, measured from
the original grade at the base of the facility to the top of the structure, and occupy
no more than four hundred (400) square feet in area, unless a waiver is granted by
the City upon written request from a provider.
Equipment On Site. No mobile or immobile equipment or materials of any
nature shall be stored or parked on the site of a wireless enmmtmications tower or
28
17)
wireless communications facility, unless used in direct support of a wireless
communications tower or wireless communications facility or for repairs to the
wireless communications tower or wireless commtmications facility currently
underway.
Inspections. The City reserves the right upon reasonable notice to the
owner/operator of a wireless communications tower or antenna support structure,
including utility poles and roo~ops, to conduct inspections for the purpose of
determining whether the tower or other support structure and/or related equipment
cabinet complies with the State Building Code and all applicable requirements
and standards set forth in local, state or federal law and to conduct radiation
measurements to determine whether all antenna and transmitting equipment are
operating within Federal Commtmications Commission requirements.
n) Security.
(i)
An owner/operator of a wireless communications tower shall provide a
security fence or equally effective barrier around the tower base or along
the perimeter of the wireless communications tower compound.
(ii)
If high voltage is necessary for the operation of the wireless
communications tower or antenna support structure, "HIGH VOLTAGE -
DANGER" warnings signs shall be permanently attached to the fence or
barrier and shall be spaced no more than 20 feet apart, or on each fence or
barrier frontage.
(iii) "NO TRESPASSING" warning signs shall be permanently attached to the
fence or barrier and shall be spaced no more than 20 feet apart.
(iv)
The letters for the "HIGH VOLTAGE DANGER" and "NO
TRESPASSING" warning signs shall be at least six (6) inches in height.
The two waming signs may be combined into one sign. The warning
signs shall be installed at least 4.5 feet above the finished grade of the
fence or barrier.
o)
Advances in Technology. All providers shall use and apply any readily available
advances in technology that lessen the negative aesthetic effects of wireless
commtmications facilities and wireless commtmications towers to the residential
communities within the City. Every five (5) years, the City may review existing
structures and compare the visual impact with available technologies in the
industry for the purpose of removal, relocation or alteration of these structures in
keeping with the general intent of this Section. Such removal, relocation or
alteration may be required by the City pursuant to its zoning power and authority.
Review of Applications. The City shall process all applications for wireless
communications towers and wireless communications facilities in a timely manner and in
29
accordance with established procedures. The reason for the denial of any application
filed in accordance with this provision shall be set forth in writing, and shall be supported
by substantial evidence in a written record.
Appeals. At any time within 30 days after a written order, requirement, determination or
final decision has been made by the Zoning Administrator or other official in interpreting
or applying this Section, except for actions taken in connection with prosecutions for
violations thereof, the applicant or any other person affected by such action may appeal
the decision in accordance with the provisions of the Land Use and Development
Ordinance.
Revocation. A material broach of any terms and conditions of a permit issued for a
wireless commtmications tower or wireless commtmications facility under this Ordinance
and the Land Use and Development Ordinance may result in the revocation by the City of
the right to operate, utilize or maintain the particular tower or wireless communications
facility within the City following written notification of the violation to the owner or
operator, and after failure to cure or otherwise correct said violation within thirty (30)
days. A violation of this Section shall be subject to enforcement in accordance with the
Land Use and Development Ordinance. Penalties for a violation of a permit or this
Section may include fines and removal of the wireless communications tower or wireless
communications facility at the owner's expense."
Section 3. CAPTIONS. The captions throughout this Ordinance are intended solely to
facilitate reading and reference to the sections and provisions of this Ordinance. Such captions
shall not affect the meaning or interpretation of this Ordinance.
Section4. CALCULATION OF TIME. Unless otherwise indicated, when the
performance or doing of any act, duty, matter or payment is required trader this Ordinance, and a
period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein,
the time shall be computed so as to exclude the first and include the last day of the prescribed or
fixed period of duration time.
Section 5. SEVERABILITY. If any term, condition or provision of this Ordinance shall, to
any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory
agency, the remainder hereof shall be valid in all other respects and continue to be effective. In
the event of a subsequent change in applicable law such that the provision which had been held
invalid is no longer invalid, such provision shall thereupon remm to full force and effect without
further action by the City of Columbia Heights and shall thereafter be binding on the permittee
and the City.
Section 6. REPEAL OF LAWS IN CONFLICT. All City laws and ordinances in conflict
with any provision of this Ordinance are hereby repealed to the extent of any conflict.
Section 7. INCLUSION IN THE CITY CODE. The provisions of this Ordinance shall
become and be made a part of the City Code of the City of Columbia Heights. The sections of
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this Ordinance may renumbered or relettered to accomplish such, and the word "ordinance" may
be changed to "section," "article," or any other appropriate word.
Section 8. NO RECOURSE AGAINST THE CITY. Every permit shall provide that,
without limiting such immunities as the City or other persons may have under applicable law, a
permittee shall have no monetary recourse whatsoever against the City or its elected officials,
boards, commissions, agents, employees or volunteers for any loss, costs, expense or damage
arising out of any provision or requirement of this Ordinance or because of the enforcement of
this Ordinance or the City's exercise of its authority pursuant to this Ordinance, a permit, or
other applicable law, unless the same shall be caused by criminal acts or by willful gross
negligence. Nothing herein shall be construed as a waiver of sovereign immunity.
Section 9. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
November 13, and November 27, 2000
December 11, 2000
December 11, 2000
Offered by: Szurek
Second by: Jolly
Roll Call: All ayes
/~atricia Muscovitz, Deputy Cil~lerk
Mayor Gary; Pei'erson
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