Aitkin City Zoning Code
TELECOMMUNICATION TOWERS
§ 152.140 PURPOSE AND INTENT.
The purpose of this subchapter is:
(A) To establish predictable and balanced regulations to protect the public health, safety and general welfare of the city;
(B) To facilitate the provision of telecommunications services and facilities including commercial wireless telecommunication services in the city;
(C) To minimize adverse visual effects of towers through careful design standards;
(D) To avoid potential damage to adjacent properties from tower or antenna failure and weather related occurrences through structural standards, careful siting and setback requirements; and
(E) To encourage the use of existing towers and buildings to accommodate commercial wireless telecommunication service antennas in order to minimize the number of towers needed to serve the city.
(Ord. 332, passed 5-19-2008)
§ 152.141 PERMITS REQUIRED.
It shall be unlawful for any person, firm or corporation to erect, construct in place, place or re-erect any tower, unless it shall replace a like tower, without first making application to the city and securing a permit. A change in construction, dimension, lighting design or design type shall also require a permit. The placement of antennas on previously approved towers may be administratively approved by the city.
(Ord. 332, passed 5-19-2008) Penalty, see § 152.999
§ 152.142 TOWER AND ANTENNA DESIGN REQUIREMENTS.
Proposed or modified towers and antennas shall meet the following design requirements.
(A) Towers and antennas shall 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.
(B) No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow’s nest or similar structure, except during periods of construction or repair.
(C) Towers and their antennas shall be certified by a qualified and licensed engineer to conform to applicable state structural building standards.
(D) Towers and their antennas shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.
(E) Metal towers shall be constructed of, or treated with, corrosive resistant material.
(Ord. 332, passed 5-19-2008)
§ 152.143 TOWER SETBACKS.
Towers and all accessory structures or buildings shall conform to the following minimum setback requirements.
(A) Towers shall be set back from all property lines and existing structures an amount equal to the height of the structure.
(B) Guy wires for towers shall be located no closer than 25 feet to any property line and shall meet the setback of the underlying land use district with respect to the public road right-of-way.
(C) Suitable protective anti-climbing fencing, with a minimum height of six feet shall be provided around any tower and guy wires.
(Ord. 332, passed 5-19-2008)
§ 152.144 TOWER LOCATION.
Towers less than 150 feet in height shall be located a minimum of 10,200 feet from the end of an airport runway as measured from the center point of the base of a free-standing tower. Towers that are 150 feet or more in height shall be located a distance of at least three miles from any public or private airport.
(Ord. 332, passed 5-19-2008)
§ 152.145 CO-LOCATION REQUIREMENTS.
All commercial wireless telecommunication towers erected, constructed or located within the city shall comply with the following requirements.
(A) Documentation of the area to be served including maps demonstrating the size of communication cells and a search ring for the antenna location. A narrative describing a search ring for the request, with not less than one-mile radius clearly explaining why the site was selected, what existing structures were available and why they are not suitable as locations or co-locations.
(B) Documentation that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the search ring of the service area due to one or more of the following reasons:
(1) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned equipment at a reasonable cost;
(2) The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed engineer or qualified radio frequency engineer and the interference cannot be prevented at a reasonable cost;
(3) Existing or approved towers and buildings within the search radius that are 60 feet or over in height that cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed engineer; and
(4) Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
(C) Any proposed tower shall be designed, structurally, electrically and, in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least two additional users if the tower is over 99 feet in height, or for at least one additional user if the tower is between 35 and 99 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept mounting at varying heights.
(D) An agreement stating that the site will be designed for not less than three users with applicant and property owner commitment to co-location, whereby, any prohibition of additional users on a tower will be considered a violation of the permit and city policy. The agreement shall also include a statement that any unused or abandoned tower shall be removed by the property owner and/or applicant. The agreement shall be signed by the applicant and the property owner and shall be attached to and become a part of the permit.
(Ord. 332, passed 5-19-2008)
§ 152.146 ANTENNAS MOUNTED ON EXISTING BUILDINGS OR TOWERS.
The placement of telecommunication antennas, including wireless telecommunication antennas on existing buildings, towers or structures, shall meet the requirements of the underlying land use district and this section. A site plan and building plan must be submitted to the city as part of the land use permitting process. Where a tower is non-conforming due to the requirements of this section additional telecommunication antennas may be permitted to be placed on the tower after being reviewed by the Zoning Administrator.
(Ord. 332, passed 5-19-2008)
§ 152.147 ACCESSORY UTILITY BUILDINGS.
All buildings and structures accessory to a tower shall:
(A) Be architecturally designed to blend in with the surrounding environment and shall meet the height and setback limitations as established for each land use district; and
(B) Have ground-mounted equipment screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.
(Ord. 332, passed 5-19-2008)
§ 152.148 TOWER LIGHTING.
A tower shall not be illuminated by artificial means and shall not have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers or other illuminating device, except as required by the Federal Aviation Administration or the Federal Communications Commission or state agency. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the tower.
(Ord. 332, passed 5-19-2008)
§ 152.149 ABANDONED OR UNUSED TOWERS.
Abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Zoning Administrator. In the event that a tower is not removed within the 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property.
(Ord. 332, passed 5-19-2008)
§ 152.150 PUBLIC SAFETY TELECOMMUNICATIONS INTERFERENCE.
Commercial wireless telecommunications services shall not interfere with public safety telecommunications. All applications shall include adequate information that will be reviewed by the Planning Commission before a permit may be issued. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the city at least ten calendar days in advance of any changes and allow the city to monitor interference levels during the testing process.
(Ord. 332, passed 5-19-2008)
§ 152.151 SIGNS AND ADVERTISING.
The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
(Ord. 332, passed 5-19-2008)
§ 152.152 NON-CONFORMING TOWERS.
(A) To avoid requiring new towers and to minimize the number of towers needed to serve the city, the following provisions shall apply to non-conforming towers. Telecommunication towers in existence at the time of this chapter may be permitted to increase tower height after being issued a conditional use permit.
(B) The Planning Commission shall consider the following criteria as part of the conditional use permit process:
(1) Tower safety concerns including tower collapse, falling ice and airplane traffic;
(2) Land use character and history of tower(s);
(3) Comparative visual impact to the surrounding lands of the proposed tower height increase;
(4) Disturbance or conflict with agricultural uses on the property; and
(5) Other factors which tend to reduce conflicts or are incompatible with the character and need of the area.
(Ord. 332, passed 5-19-2008)
§ 152.153 SCREENING AND LANDSCAPING.
(A) A screening and landscaping plan designed to screen the base of the tower, accessory utility buildings, utility structures and security fencing shall be submitted. The plan shall show the location, size, quantity and type of landscaping materials. Landscape materials shall be capable of screening all year and must be six feet in height by the end of the second growing season. Gravel or other durable surface or other weed prevention measures shall be applied within the fenced area to prevent the growth of weeds.
(B) A maintenance plan for landscaped materials shall also be submitted.
(Ord. 332, passed 5-19-2008)
§ 152.154 ADDITIONAL SUBMITTAL REQUIREMENTS.
In addition to the information required elsewhere, applications shall include the following information:
(A) A report from a licensed engineer that describes the commercial wireless telecommunication service towers capacity, including the number and type of antennas that it can accommodate;
(B) A letter of intent from the commercial wireless telecommunication service tower owner committing the tower owner and successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use;
(C) The location of all public and private airports within a three-mile radius of the tower site;
(D) Applicant must obtain FAA approval and/or provide documentation that FAA approval is not needed;
(E) Applicant must obtain FCC licensure and approval as required for various communications applications. No interference with local television and radio reception will be allowed;
(F) An intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems, only if that is the basis for not co-locating;
(G) The applicant must submit proof of liability and worker’s compensation insurance;
(H) For towers over 500 feet, an environmental assessment worksheet (EAW) is required and the applicant shall be responsible to provide the city with all information required to complete the EAW prior to the issuance of a permit from the city; and
(I) The owner of the tower shall provide the city with an acceptable financial guarantee in an amount equal to one and one-half times the cost to remove the tower and related infrastructure, including footings and other underground improvements to a depth of 36 inches below existing grade, and to restore the site. Failure to remove the structure shall be cause for the city to remove the tower and associated equipment at the expense of the property owners.
(Ord. 332, passed 5-19-2008) Penalty, see § 152.999
§ 152.155 TOWERS NOT REQUIRING A PERMIT.
Permits are not required for the following:
(A) A satellite earth station antenna four feet in diameter or less, located in an industrial or commercial district, meeting required setbacks;
(B) A satellite earth station antenna three feet or less in diameter, meeting the required setbacks; and
(C) A tower less than 50 feet as measured from the ground.
(Ord. 332, passed 5-19-2008)