1201.01. Purpose and intent. The purpose of this ordinance is to preserve and promote the public health, safety and general welfare as well as fostering appropriate land uses and preserve aesthetic values. To this end, the city has established zoning district preferences for the placement of telecommunications towers/antennae. These priorities are;

(1)

City owned property in industrial districts;

(2)

Privately owned property in industrial districts;

(3)

City owned property in business districts; and

(4)

Privately owned property in business districts.

Contract terms and payments for the placement of antennae or towers on city property will be negotiated on a case by case basis.

1201.02. Definitions.

Antenna. Commercial or private equipment used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior of or outside of any building or structure. Examples of such equipment include, but are not limited to directional antennae, panels, microwave dishes, satellite dishes and omni directional antennae.

Monopole. A communication tower consisting of a single pole, constructed without guy wires and ground anchors.

Personal wireless service. Commercial mobile services, unlicensed wireless services, common carrier wireless exchange access services.

Public utility uses—Essential services. Underground or overhead gas, electrical, steam or water distribution systems; collection, communication, supply or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories; but, not including buildings or transmission services. For the purpose of this ordinance, personal wireless services shall not be considered public utility uses.

Tower. Any pole, monpole, spire or structure, or combination thereof, to which an antenna is attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces. A tower is free standing and not placed on any other structure.

1201.03. Zoning districts. In addition to the districts specified below, any proposed antenna or tower must meet the requirements of any zoning overlay district, e.g., Floodplain Management Ordinance and the Lower St. Croix Bluffland/Shoreland Management Ordinance.

(1)

Residential district. Residential districts—Towers are not allowed in any residential district (R1, R2, and R3). Antenna are allowed if not greater than ten feet higher than the supporting structure. The total height of the antenna and structure shall not exceed 35 feet.

(2)

Limited business (B1) or central business (B2). Towers are not allowed in the B1 or B2 district. Antennae, if placed on the roof or exterior of the building, must not be greater than 20 feet higher than the supporting structure. The total height of the supporting structure and antenna shall not exceed 50 feet.

(3)

Industrial district (I). Towers under 45 feet are allowed in this district. Towers over 45 feet are allowed with a conditional use permit. Towers over 150 feet are not allowed. Antenna are allowed if the height of the supporting structure plus the antenna is not greater than 60 feet. Any proposed antenna where the antenna plus the supporting structure would be greater than 60 feet and less than 150 feet would require a conditional use permit.

(4)

Amateur radio operators. Subject to the design standards and criteria set forth in this section, licensed amateur radio operators are allowed to erect a tower or antenna in the City of Bayport.

1201.04. Performance standards. Co-location. Proposal for a new personal wireless service tower shall not be approved unless it can be documented by the applicant that the telecommunication equipment plan for the proposed tower cannot be accommodated on an existing or approved tower. Since the number of opportunities to construct a free-standing tower is limited by this ordinance, the applicant shall demonstrate to the satisfaction of the city council that opportunities will be made available for co-locating other antenna on the structure.

1201.05. Area wide analysis/proof of need. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis that the location of the antenna as proposed is necessary to meet the frequency reuse and spacing needs of the wireless telecommunication facilities and to provide adequate coverage in capacity to areas which cannot be adequately service by locating the antennae in a less restrictive environment.

1201.06. Proof of noninterference. Each application for construction of a wireless communication facility shall include either a preliminary or a certified statement that the placement of the tower or antenna including reception and transmission functions will not interfere with the radio, television, emergency radio transmissions, essential services defined in Section 301 of Appendix B, Zoning, of the Municipal Code, service enjoyed by adjacent residential and nonresidential properties. In the event only a preliminary statement is submitted with the application, a final certified statement of noninterference will be provided and approved by the city prior to the issuance of any permit or approval. The statement shall be prepared by an engineer licensed to practice in the state or other professional accepted by the city.

1201.07. Setbacks.

(1)

In all districts, front, rear and side setbacks shall equal 125 percent of the height of the tower as measured from the base of the tower. The anchors and guy wires used to support the structure shall comply with the minimum setbacks required in the underlying zoning district.

(2)

The accessory buildings for the tower or antennae shall at a minimum shall meet the setback requirement in the underlying zoning district.

1201.08. Lighting. Any lighting for towers or antennae must meet other city requirements contained in this Code related to lighting and the resulting glare to adjacent parcels and residential zones.

Lighting is allowed when required by another governmental agency whose statutes, laws or regulations supersede the city's ordinance, for example, the Federal Aviation Administration.

1201.09. Structural, design, height, screening, signs access and building requirements.

(1)

To the maximum extent possible, the proposed tower must blend in with the surrounding environment. Design characteristics include but not limited to: Color, mounting on a wall or existing structure, inside a church steeple or bell tower, or use of a monopole antenna.

(2)

Any tower or antenna that requires a conditional use permit must also submit a landscaping plan and a description of how the design elements are in keeping with the surrounding property and uses.

(3)

Any telecommunications antennae requiring a conditional use permit shall also be required to obtain a building permit and shall be subject to inspection by the local building official to ensure compliance with the UBC.

Any tower shall be required to obtain a building permit and shall be subject to inspection by the local building official to ensure compliance with the Uniform Building Code.

(4)

No sign shall be placed on or next to a telecommunications structure with the exception of an identification or name plate sign as defined in Section 727.03 or a warning sign. Any structure requiring a conditional use permit shall have any signage addressed in that permit.

1201.10. Obsolete or unused towers. All obsolete and unused towers and accompanying accessory facilities shall be removed by the property owner within 12 months of the cessation of use.

1201.11. Effect of ordinance on existing towers and antennae. Antennae and towers in existence prior to this ordinance which do not conform or comply with this section, are subject to the following provisions:

(1)

Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this section.

(2)

If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefore, but without otherwise complying with this section, provided however that if the cost of repairing the tower to the former use, physical dimensions, and location would be ten percent or more of the cost of the new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this section.

1201.12. Review by city engineer. Any proposed placement of an antennae or tower on city owned property or structure shall be reviewed and approved by the city engineer. Submittal of a shop drawing must be submitted prior to review by the city engineer.

1201.13. Criteria for conditional use permits.

(1)

Conditional use permits are required in the following districts and circumstances:

a.

In industrial districts, towers over 45 feet require a conditional use permit and antennae require a conditional use permit when the height of the antenna and the supporting structure are greater than 60 feet.

(2)

In any conditional use permit, the following criteria should be addressed as they apply to a particular permit or situation. This list is not all inclusive and other areas shall be addressed as they apply to a particular situation. The criteria to be addressed are:

a.

Impact on any nearby residential area.

b.

If placement of a proposed structure is not in the highest priority as established in Part 1201.01, Purpose and intent of this section, the applicant must state why a lower priority district was selected for the proposed placement of the tower/antenna.

c.

Co-location requirements, including requiring a proposer to construct a tower with greater capacity than presently needed to accommodate more users at a later date.

d.

A site plan including proposed landscaping and lighting.

e.

Statement that the proposed tower or antenna complies with guidelines from other governmental agencies (e.g. FCC, FAA) including regulations related to the environmental and health effects of electromagnetic signals.

f.

Other actions the applicant will take to minimize aesthetic impacts of the proposed tower/antenna.

g.

Statement addressing the impact to any nearby ecologically sensitive area.

h.

Statement by a certified engineer certifying the antenna or tower to be structurally sound.

i.

Any sign requirements.

1201.14. Contract terms and fees.

(1)

Fees and contract terms for the use of city property for the construction or placement of communication towers/antennae will be negotiated on a case by case basis.

(2)

The applicant shall reimburse the city for the staff time associated with the review of the application for the proposed tower or antenna. This includes the time spent by the city engineer to review the plan.

1201.15. Application of this section to city services. This section shall only apply to telecommunication structures used by the city of nonemergency services. Telecommunication structures used by the city for emergency services are exempt from this section.

1201.16. Penalty. Any person who shall do or commit any act that is forbidden by the provisions of this ordinance shall be guilty of a misdemeanor.

1201.17. Effective date. This ordinance shall be in full force and effect from and after its passage and publication according to law.

(Ord. No. 713, §§ 1—18, 11-4-96; Ord. No. 749, § 749.01, 12-2-02; Ord. No. 772, § 1, 5-2-05)