HomeMy WebLinkAbout[06] Telecommunication Ordinance rkftAliett Planning Commission Agenda Item 6
CITY of ICE JOSEPH
MEETING DATE: September 10,2018
AGENDA ITEM: Tower Ordinance Discussion
SUBMITTED BY: Community Development Department
STAFF RECOMMENDATION: Discussion
PREVIOUS PLANNING COMMISSION ACTION:
BACKGROUND INFORMATION: The significant changes in the wireless industry and technology,
along with consumer demand for fast reliable service on mobile devices has resulted in requests for large
and small cell equipment,and distributed antenna systems(DAS)nationwide.During the 2017 legislative
session,the Minnesota Legislature enacted amendments to Minnesota Statutes related to
telecommunication facilities. These amendments mandate statewide rules and procedures, including limits
on local government fees and charges,application processing time limits, local zoning preemptions,and
provisions for small wireless facilities in city public right of ways. Although,bulky antennas"macrocell"
deployments bolted to tops of guyed or lattice towers still exists,new industry technology has resulted in
much smaller equipment,including DAS networks and other small cell systems that are a fraction of the
size of macrocell deployments that can be installed on light poles,buildings,and other smaller structures.
City staff has drafted proposed amendments to both the City's Telecommunication Tower and Public
Right of Way(ROW)ordinances. The Planning Commission followed by the City Council will review
the Telecommunication Tower Ordinance amendments as it is part of the zoning ordinance,while the
Right of Way ordinance amendments will be addressed by the City Council since it is within the general
city code.The proposed ordinance amendments have been reviewed by the City Public Works Director
and City Engineer.The purpose of the amendments are to properly manage telecommunication towers,
small cell equipment and DAS,while being consistent with federal and state law.
ATTACHMENTS: Draft Ordinance 508 Telecommunication Tower Regulation
Examples of small cell antennas
•
REQUESTED PLANNING COMMISSION ACTION: Discussion Only
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CHAPTER V—BUILDING, LAND USE ®ULATIONS
ORDINANCE 508 TELECOMMUNICATION FREE STANDING TOWER REGULATION
ORDINANCE 508-1
Section 508.01: PURPOSE 508-1
Section 508.02: DEFINITIONS 508-1
Section 508.03: PERMITTED ZONING DISTRICTS 508-5
Section 508.04: GENERAL PERFORMANCE STANDARDS 508-5
Section 508.05: TOWER SETBACKS 508-6
Section 508.06: TOWER LIGHTING 508-7
Section 508.07: SIGNS AND ADVERTISING 508-7
Section 508.08: ABANDONED OR UNUSED TELECOMMUNICATION TOWERS
508-7
Section 508.09: INTERFERENCE OF PUBLIC SAFETY COMMUNICATIONS 508-7
Section 508.10: CONDITIONAL USE APPLICATION SUBMITTAL 508-7
Section 508.11: BUILDING MOUNTED ANTENNAS 508-8
Section 508.12: AMATEUR RADIO TOWERS 508-9
Section 508.13: PENALTIES 508-9
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CHAPTER V—BUILDING, LAND USE ®ULATIONS
ORDINANCE 508 TELECOMMUNICATION TOWER AND ANTENNA ORDINANCE
Title n.._e..ded 10,/b
Section 508.01: PURPOSE. The purpose of this ordinance is to accommodate the
communication needs of residents and businesses while protecting public health, safety and
general welfare of the community. The City finds that these regulations are necessary in order
to:
Subd. 1: Facilitate the provision of wireless communication services to residents and
businesses;
Subd. 2: Minimize adverse visual effects of towers through careful design and site
standards;
Subd. 3: Avoid potential damage to adjacent properties from tower failure through
structural standards and setback requirements; and
Subd. 4: Maximize the use of existing and approved towers and buildings to
accommodate new wireless communication antennas in order to reduce the number of towers
needed to serve the community:
Subd. 5: Utilize business, industrial and public land, buildings and structures for
telecommunication whenever possible and/or appropriate; and
Subd. 6 Provide for the appropriate location and development of towers and antennas to
accommodate the communication needs of the residents and businesses within the City.
Section 508.02: DEFINITIONS. The following words and terms shall have the
following meanings unless the context clearly indicates otherwise:
Subd. 9: Accessory Utility Buildings. All utility buildings and structures accessory to a
tower.
Subd. 7: Amateur Radio and Television Towers. A tower used exclusively for
transmission and reception by an amateur radio operator, which is located on the same property
as the radio or for residential television reception, and does not exceed 40 feet in height.
Subd. 1: Base unit. An unstaffed single story structure or weatherproofed cabinet used to
house radio frequency transmitters, receivers, power amplifiers, signal processing hardware and
related equipment.
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CHAPTER V—BUILDING, LAND USE®ULATIONS
Subd. 10: Building Mounted Antenna. A wireless communications antenna mounted on
or attached to the roof or wall of an existing building.
Subd. 2: Commercial Wireless Telecommunication Services. Licensed commercial
wireless telecommunication services, including cellular, personal communication services (PCS),
specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR),paging, and
similar services that are marketed to the general public.
Subd. 11: Commercial Towers. A tower designed or used for commercial wireless
telecommunications services,public radio transmission or commercial television transmission.
Communication Antenna. Any structure or A device used for the purpose of collecting
receiving or transmitting television, radio, digital, microwave, cellular,personal communication
service (PCS),paging or similar forms of wireless electronic communication, electrical magnetic
waves, including but not limited to directional antennas, such as panels,microwave dishes and
satellite dishes, and omni-directional antennas, such as whip antennas.
Communication Antenna, Facade Mounted. A communication antenna mounted on the
facade of a structure such as a building, water tower, clock tower, steeple, stack, light pole,
traffic signal davit or communication tower.
Communication Tower or Antenna, Rooftop Mounted. A communication tower or
antenna located on the roof of a structure such as a building, water tower, clock tower, penthouse
or similar structure.
Communication Tower. Any pole, spire, structure or combination thereof, including
supporting lines, cables, wires, braces and mast, designed and constructed primarily for the
purpose of supporting one(1) or more antennas, including self-supporting lattice towers, guyed
towers or monopole towers. A communication tower may include, but not be limited to, radio
and television transmission towers, microwave towers, common carrier towers, cellular
telephone towers and personal communication service towers.
Communication tower, monopole. A communication tower consisting of a single pole.,
constructed without guyed wires and anchors.
Communication tower and antenna height. The height of a freestanding communication
tower and antenna shall be measured as the distance from ground level to the highest point on the
tower, including the antenna. The height of a rooftop communication antenna shall be measured
as the distance from the point where the base of the tower and antenna is attached to the roof,
to the highest point on the supporting structure, including the antenna.
Subd. 8: Exempted Dish. A satellite or microwave dish that is two meters or less in
diameter and used for reception of signals exclusively for the occupants of the property on which
it is located.
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CHAPTER V—BUILDING, LAND USE ®ULATIONS
Institutional use. Educational facilities,_parks, cemeteries, golf courses, sport arenas,
religious institutions, athletic fields and publicly owned property.
Subd 5: Multi-User Towers. A tower to which is attached the antennas of more than one
commercial wireless telecommunications service provider or governmental entity.
Public owned property. Land,buildings or structures owned by any government body or
public agency including_city, county, state, or federally ownedproperties, other than public
rights-of-way.
Public safety communication system. A communication system owned or operated by a
government body or a government entity such as a law enforcement agency,public works
department, municipal transit authority or medical facility.
Subd. 3: Public Utility. Persons, corporations, or governments supplying gas, electric,
transportation,water, sewer or land lying telephone service to the general public. For the
purpose of this ordinance, commercial wireless communication service facilities shall not be
considered public utility uses, and are defined separately.
Subd. 6: Single-User Towers. A tower to which is attached only the antennas of a single
user, although the tower may be designed to accommodate antennas of multiple users as required
by this ordinance.
Subd. '1: Tower. Any free standing greund or roof mounted pole, spire, structure or a
purpose of mounting an antenna,mete. $ . - ' -, : . • . • -•• • • •- . .
Section 508.03: PERMITTED USES. Facade mounted communication antennas
attached to existing city-owned lightpoles and traffic signal davits in public rights-of-way, shall
be permitted in all districts, provided such antennas and towers comply with the standards of
Ordinance 304 of the St. Joseph Code of Ordinances. Notwithstanding any other provisions to
the contrary, exempted dishes and communication towers and antennas designed for private
reception of television and radio signals, used for amateur or recreational purposes shall be
permitted in all districts as an accessory useprovided such antennas and towers comply with the
following:
1) Freestanding towers and antennas shall not exceed forty (40) feet in height and
rooftop mounted antennas shall not exceed fifteen (15) feet in height.
2) Antennas shall not exceed two (2) meters in diameter.
3) No freestanding tower or antenna shall be located within any required yard other than
the rear yard of any parcel.
4) Only one (1) freestanding tower and antenna shall be allowed per lot in any district.
5) Any freestanding tower shall be of monopole design.
6) Any tower or antenna which is no longer in use, or which has fallen in disrepair to the
extent that it can no longer service its intended purpose, or which constitutes a hazard
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CHAPTER V—BUILDING, LAND USE ®ULATIONS
or nuisance, shall be considered a violation of the zoning ordinance, and shall be
removed.
Section 508.04: PERMITTED USES SUBJECT TO ADMINISTRATIVE REVIEW.
Subd. 1: Uses. Notwithstanding the height limitations of the zoning district, commercial towers
and antennas shall be permitted in the public and the educational ecclesiastical zoning districts as
follows, subject to administrative review and approval by the zoning administrator, as specified
in section 508.05, and the standards of this section:
1) Rooftop mounted communication towers and antennas not exceeding fifteen (15) feet
in height.
2) Façade mounted communication antennas.
Subd. 2: Standards. Permitted uses subject to administrative review and approval shall comply
with the following standards:
1) The antenna and its supporting structure shall be aesthetically compatible with the
structure upon which the proposed antenna is to be mounted and with the surrounding
uses. Facade mounted communication antennas shall be camouflaged, and rooftop
mounted communication antennas and towers shall be camouflaged where it is
determined to be necessary.
2) The structure upon which the proposed antenna is to be mounted shall have the
structural integrity to carry the weight of the antenna and its supporting structure.
3) The base unit shall be aesthetically compatible with the surrounding structure upon
which the proposed antenna is to be mounted and with the surrounding uses.
Section 508.05: ADMINISTRATIVE REVIEW PROCESS. The zoning administrator shall have
up to fifteen(15)business days following the submittal of a complete application to approve or
deny such application. The zoning administrator may impose such conditions and require such
guarantees deemed reasonable and necessary to protect the public interest and to ensure
compliance with the standards and purposes of this zoning ordinance and goals and policies of
the comprehensive plan. If proposed on publicly owned land, a determination will be made that
co-location is acceptable so as to not interfere with public safety and purpose. The applicant shall
submit the following:
1) Scaled schematic drawings and photographic perspectives showing the structure and
placement of the tower and antenna on the structure.
2) A written certification from a registered engineer that the structure has the structural
integrity to carry the weight of the towner and antenna.
3). A scaled drawing showing the size, location, construction materials and screening of
the base unit.
4) A scaled drawing showing how the tower and antenna will be camouflaged.
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CHAPTER V—BUILDING, LAND USE ®ULATIONS
Section 508.064: CONDITIONAL USES. ' - ' ` ! ` _ ` - ' -. The
construction and maintenance of a commercial communication tower or antenna shall be
permitted within the following zoning classifications, pursuant to a conditional use permit
granted in accordance with the Zoning Ordinance. Amateur radio, television towers and
exempted dishes shall not require a conditional use permit.
Section 508.03 amended 10/10
Subd. 1: Industrial Districts. All permitted towers and antennas.
Subd. 2: Agricultural Districts. All permitted towers and antennas.
Subd. 3: Public Districts. All permitted towers and antennas, except as provided for in
Section 508.04.
Subd. 4: General Business Districts:: B-1 Central Business, B-2 Highway 75 Business,
and B-3 General Business. Building Rooftop mounted tower or antenna, facade Mmounted
Aantennas_, Exempted Dishes and-antennas not attached to a tower.
Subd. 5: Educational Ecclesiastical District: All pennitted towers and antennas, except as
provided for in Section 508.04.
Section 508.04: GENERAL PERFORMANCE STANDARDS. All communication
towers shall meet the following performance standards.
Subd. 1: Multi-User Requirements. A proposal for a new commercial wireless
communication tower shall not be approved unless the City finds that the telecommunications
equipment plans for the proposed tower cannot be accommodated by an existing or approved
tower or building within a one(1) -half mile search radius of the proposed tower due to one or
more of the following reasons:
a) The planned equipment would exceed the structural capacity of the existing or
approved tower, as documented by a qualified and licensed professional engineer,
and the existing or approved tower cannot be re-enforced,modified, or replaced to
accommodate planned or equivalent equipment at a reasonable cost.
b) The planned equipment would cause interference materially impacting the
useabilit-yusability of other existing or planned equipment at the tower as
documented by a qualified and licensed professional engineer, and the
interference cannot be prevented at a reasonable cost.
c) Existing or approved towers and buildings within the search radius cannot
accommodate the planned equipment at a height necessary to function reasonably
as documented by a qualified and licensed professional engineer.
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CHAPTER V—BUILDING, LAND USE ®ULATIONS
d) Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or building.
e) Any proposed commercial wireless telecommunication service tower shall be
designed (structurally and electronically) in all respects, to accommodate both the
applicant's antennas and comparable antennas for at least two additional users.
The tower must be designed to allow for future re-arrangement of antennas upon
the tower and to accept antennas mounted at various heights.
Subd. 2: Tower and Antenna Design Requirements. Towers and antennas shall be
designed to blend into the surrounding environment through the use of color and camouflaging
architectural treatment except in instances where the color is dictated by federal or state
authorities such as the Federal Aviation Administration. Commercial wireless
telecommunication service towers shall be of a monopole design unless the City determines that
an alternative design would better blend in the surrounding environment or allow for greater
future multi-use.
Subd. 3: Landscaping and Screening. The City shall establish, as a condition of approval
of a commercial tower,reasonable requirements relating to landscaping and screening to
improve the aesthetic appearance of the base of the tower and accessory buildings. Existing on-
site vegetation should be preserved to the maximum extent possible.
Subd. 4: Fencing. All commercial towers and accessory buildings shall be enclosed
within an aesthetically acceptable fence with a locked gate to prevent unauthorized entry. The
fence shall be at least eight feet,but not greater than ten feet, in height.
Subd. 5: Construction Standards. All towers shall be constructed and maintained in
accordance with the Electronic Industry Association Standards and all applicable building codes.
Subd. 6: Minimum Spacing. Minimum spacing between commercial tower locations is
one-half fourth mile_; - - . -- - --• •• • • • • - • - -
not visible to the general public shall be exempt-from this spacing regulation.
Section 508.05: TOWER SETBACKS. All towers shall confirm with the following
minimum setback requirements.
Subd. 1: All towers shall be set back from property lines a minimum of 125%of the
height of the tower, including all antennas and attachments. The height of the tower shall be
measured from the average grade of the property on which it is located or the actual tower
height, whichever is greater.
Subd. 2: Buildings accessory to a tower shall comply with the setback requirements of
the zone in which the tower is located.
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CHAPTER V—BUILDING, LAND USE ®ULATIONS
Subd. 3: Commercial towers shall be set back a minimum of 1,000 500 feet from schools
or structures used as dwellings and a minimum of g99 300 feet from property zoned for
residential use.
Subd. 4: A tower setback may be reduced or varied, at the sole discretion of the City, if
the variance will facilitate the integration of the tower into an existing or proposed structure,
such as a church steeple, light standards, power line support device or similar structure.
Section 508.06: TOWER LIGHTING. A tower 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 state or federal authority for a particular tower. When
incorporated into the design standards of the tower, light fixtures to illuminate ball fields,
parking lots or similar areas may be attached to the tower.
Section 508.07: SIGNS AND ADVERTISING. The use of any portion of a tower for
signs other than a warning or equipment informational signs is prohibited.
Section 508.08: ABANDONED OR UNUSED TELECOMMUNICATION TOWERS.
Abandoned,unused telecommunications towers or portions of telecommunications towers shall
be removed as follows:
Subd. 1: All abandoned, unused towers and associated facilities shall be removed within
12 months of the cession of operations at the site unless a time extension is approved by the City.
In the event the tower is not removed within 12 months of cession of operations at the site, the
tower and the associated facilities may be removed by the City and the cost of removal assessed
against the property.
Subd. 2: Any unused portions of towers above a manufactured connection shall be
removed within six (6)months of the time of antenna relocation. The replacement of portions of
a tower previously removed requires the issuance of a new conditional use permit.
Section 508.09: INTERFERENCE OF PUBLIC SAFETY COMMUNICATIONS. No
new or existing telecommunication service shall interfere with public safety communications.
All applications for a conditional use permit for new service shall be accompanied by an
intermodulation study which provides the technical evaluation of existing and proposed
transmissions and indicates all potential interference problems. Before the introduction of a new
service or change in existing service, telecommunication providers shall notify the City at least
ten(10) calendar days in advance of such changes and allow the City to monitor interference
levels during the testing process.
Section 508.10: CONDITIONAL USE APPLICATION SUBMITTAL. In addition to
the information generally required to accompany a request for a conditional use permit as found
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CHAPTER V—BUILDING, LAND USE & REGULATIONS
in the Zoning Ordinance, applications for towers shall include the following supplemental
information:
a) A report from a qualified and licensed engineer which:
1. Describes the tower height and design, including a cross section and
elevation.
2. Documents the height above grade for all potential mounting positions for
collocated antennas and the minimum separation distance between
antennas;
3. Describes the towers capacity, including the number and type of antennas
it can accommodate.
4. Describes how the applicant will take to avoid interference with
established public safety communication.
5. Includes the engineer's stamp and registration number.
6. Includes other information necessary to evaluate the request.
b) Letter of intent committing the tower owner, and successors, to allow the shared
use of the tower if any additional user agrees in writing to meet reasonable terms
and conditions for shared use.
c) Proof that the proposed tower complies with regulations administered by the
Federal Aviation Administration.
d) A report from a qualified and licensed professional engineer which demonstrates
the tower compliance with all applicable structural and electrical standards.
e) A site plan showing the boundaries of the property on which the tower is located,
adjacent land uses, the location of the tower and any accessory buildings within
the property, distance setbacks from property lines for the tower and accessory
buildings, fence locations, and proposed landscaping or screening.
Section 508.11: BUILDING MOUNTED ANTENNAS. The placement of a wireless
antennas on roofs of walls of existing buildings or structures shall be approved by the City as a
conditional use provided that the antennas meet the requirements of this ordinance, after
submittal of a final site and building plan, and a report prepared by qualified licensed
professional engineer indicating the existing building structure suitability to accept the antenna
as well as a proposed method for affixing the antenna to the structure. Complete details of all
fixtures, couplings, and the precise point of attachment shall be indicated.
Section 508.11 amended 10/10
508-8
CHAPTER V—BUILDING, LAND USE & REGULATIONS
Section 508.12: AMATEUR RADIO TOWERS. Amateur Radio and Television Towers
and antennas are subject to the standards and conditions established by this ordinance, except for
those specific to commercial towers. The City may waive strict compliance with this ordinance
if it finds that the stated purpose of this ordinance is met.
Section 508.13: PENALTIES. A violation of this ordinance shall constitute a
misdemeanor. Each calendar day of a continued violation of the ordinance shall constitute an
individual misdemeanor or offense.
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