Dayton City Zoning Code

1001.21 TELECOMMUNICATIONS

TOWERS AND FACILITIES.

Subd. 1 Findings.

The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 (the Act) grants the Federal Communications Commission (FCC) exclusive jurisdiction over:

(1) The regulation of the environmental effects of radio frequency emissions from telecommunications facilities and the regulation of radio signal interference among users of the radio frequency spectrum.

(2) The Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of towers, antenna support structures and telecommunications facilities, as hereinafter defined, in order to protect the health, safety and welfare of the public.

Subd. 2 Purpose.

In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the Council finds that these regulations are necessary to:

(1) Regulate the placement, construction and modification of towers and telecommunications facilities in accordance with all applicable code requirements, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City of Dayton.

(2) Maximize the use of existing and approved towers and buildings to accommodate new personal wireless service antennas in order to reduce the number of new towers necessary to serve the community.

(3) The specific purposes of this Subsection are:

a. To regulate the location of towers and telecommunications facilities in the City;

b. To protect residential areas and land uses from potential adverse impacts of towers and telecommunications facilities;

c. To minimize adverse visual impacts of towers and telecommunications facilities from the view of persons located on property contiguous to the site through careful design, sitting, landscaping, and innovative camouflaging techniques that will screen the tower equipment in a manner to complement existing structures;

d. To promote and encourage shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers;

e. To avoid potential damage to adjacent properties caused by towers and telecommunications facilities by ensuring the structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or determined to be structurally unsound;

f. To ensure that towers and telecommunications facilities are compatible with surrounding land uses;

g. To facilitate the provision of wireless telecommunications services to the residents and businesses of the City in an orderly fashion;

h. To require antenna and tower sites to be secured in order to discourage trespassing and vandalism; and

i. To establish criteria under which wireless communication providers may utilize public utility structures within City controlled public right-of-way and drainage and utility easements adjacent to public right-of-way for collocation of antennas.

Subd. 3 Definitions.

The following words, terms and phrases, when used in this Subsection, shall have the meanings ascribed to them in this Subsection, except where the context clearly indicates a different meaning:

Antenna

Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas.

Antenna Support Structure

Any building or other structure other than a tower which can be used for location of telecommunications facilities. An Antenna Support Structure must be at least 75 feet tall.

Applicant

Any person that applies for a tower development permit.

Application

The process by which the owner of land within the City submits a request to develop, construct, build, modify, erect or place a tower or antenna upon the land. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the City concerning the request.

Engineer

Any structural engineer licensed by the State of Minnesota.

Fixed Wireless Signal

Any commercial nonbroadcast communication signals transmitted via wireless technology to and/or from a fixed customer location, which may include the following: audio, video and data communications. This definition does not include broadcast communication signals such as: AM radio, FM radio, amateur (“ham”) radio, citizens band (CB) radio, and digital audio radio service (DARS) signals.

Initial Loading Capacity

The weight and effective surface area of the applicant’s telecommunications facilities that will be installed on the applicant’s tower within 3 months after construction of the tower is completed.

Owner

Any person with fee title or long term (exceeding 5 years) leasehold to any land within the City who desires to develop, construct, build, modify, erect or place a tower or antenna upon the land.

Person

Any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.

Personal Wireless Services

Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services.

Public Utility

Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or landline telephone service to the general public. For the purpose of this chapter, personal wireless services shall not be considered Public Utility uses, and are defined separately.

Stealth

Any tower or telecommunications facility which is designed to blend into the surrounding environment. Stealth shall not require towers or telecommunications facilities to be totally hidden, and does not necessarily exclude the use of un-camouflaged lattice, guyed or monopole tower designs.

Telecommunications Facilities

Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, the term Telecommunications Facilities shall not include:

a. Any satellite earth station antenna 2 meters in diameter or less which is located in an area zoned industrial or commercial; or

b. Any satellite earth station antenna 1 meter or less in diameter, regardless of zoning category.

Tower

Any ground or roof mounted pole, spire, structure, self-supporting lattice, guyed or monopole structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of supporting telecommunications facilities or similar apparatus above grade. The term Tower shall not include amateur radio operator’s equipment, as licensed by the FCC.

An area of the City specifically designated by the City Council to permit towers and telecommunications facilities in closer proximity to one another than allowed in Subdivision 7(3) of this Subsection.

Tower, Multiuser

A tower which is designed to accommodate the antennas of more than 1 personal wireless service provider or governmental entity.

Subd. 4 Development of Towers

(1) A tower shall be a conditional use of land in all zoning districts. No person shall build, erect or construct a tower upon any plot of land within any zoning district set forth above unless a conditional use permit has been issued by the City Council.

(2) The following standards apply to all conditional use permits for towers and antennae:

a. The site must comply with the performance standards set forth in Subd. 5;

b. No outdoor storage shall be permitted on the tower site;

c. Existing on-site vegetation shall be preserved;

(3) The location and construction of a tower or antennae, shall be subject to all zoning, building code and site plan requirements of the city.

Subd 5. Performance Standards.

All towers and antennae located within the city must conform to the applicable performance standards contained in this section.

(1) Collocation requirements. In all areas of the city, antennas and towers shall be located on existing structures, buildings or towers within a one-mile radius of the proposed location unless the proposed antenna or tower cannot be accommodated on an existing structure, building or tower due to one or more of the following reasons:

a. The planned equipment would exceed the structural capacity of the existing or approved structure, building or tower, as documented by a qualified and licensed professional engineer, and the existing or approved structure, building or tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

b. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the structure, building or tower as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.

c. An existing or approved structure, building or tower within the one-mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

d. Other unforeseen reasons make it infeasible to locate the planned telecommunications equipment upon an existing or approved structure, building or tower.

e. If the proposed antenna or tower cannot be accommodated on an existing structure, building or tower for the reasons set forth in this section, antennas and towers may be located on available public or institutional land. Antennas placed on public or institutional land (government, school, utility, public park land, and church sites) in residential districts shall be incorporated into the principal structure, when available, rather than placed on a tower separate from the principal building. On public property, antennas shall be mounted on structures, when available, that serve other purposes such as light standards or emergency siren poles. If structures are not available or are unable to accommodate proposed antennas or towers, a tower separate from the principal structure may be constructed.

If public or institutional land is not available, antennas and towers may be located on private property, with a conditional use permit, limited to the following priority areas:

1. Priority one is limited to only B-l, B-2, B-3, B-4, 1-1, 1-2, and BP zoning districts and/or land guided for commercial or industrial land use on the adopted Future Land Use Plan.

2. Priority two is limited to only RM and RH zoning districts and/or land guided for medium or high density residential land use on the adopted Future Land Use Plan.

f. 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 2 additional users if the tower is over 100 feet or for at least 1 additional user if the tower is over 75 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower to accept antennas mounted at varying heights.

(2) Antenna collocation requirements. The placement of personal wireless service antennas on roofs, walls, and existing towers may be approved by the City, with a building permit. In addition to the submittal requirements required elsewhere in this Code, an application for a building permit for antennas to be mounted on an existing structure shall be accompanied by the following information:

a. A site plan showing the location of the proposed antennas on the structure and documenting that the request meets the requirements of this Code;

b. A building plan showing the construction of the antennas and the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this Code;

c. Certification by a qualified and licensed professional engineer indicating the existing structure’s or tower’s ability to support the antennas.

(3) Tower and antenna design requirements. Proposed or modified towers and antennas shall meet the following design requirements:

a. Towers and antennae shall be designed to blend into the surrounding environment through the use of color and design and camouflaging architectural treatment;

b. Towers shall be of a monopole design unless the City Council determines that an alternative design would better blend into the surrounding environment;

c. The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other designs; and

d. The base of the tower shall occupy no more than 500 square feet and the top of the tower shall be no larger than the base.

e. Antenna attachments to towers shall be as inconspicuous as possible.

f. Ground equipment shall be screened from all property lines. Screening shall be accomplished through landscaping and shall be of an evergreen type and tall enough to limit the view of the equipment. Any fencing shall be similarly screening. Any equipment or storage buildings shall meet the standards of the underlying zoning district for building materials and meet the following design requirements:

1. Include at least 2 major exterior materials in 2 complementary colors.

2. Roof design shall be pitched.

3. All service doors shall be painted to match primary materials or serve as an accent element.

4. Colored building elevations shall be submitted at time of conditional use permit application.

5. The City Council may consider alternative designs through the conditional use permit process.

(4) Maximum height.

a. The height of towers shall be determined by measuring the vertical distance from the tower’s point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure at the tower’s point of attachment and tower must meet the height restrictions of this section.

b. Towers are exempt from the maximum height restrictions of the districts where located.

c. In residential zoned property where a tower or antennae is located on public or institutional land, the maximum height of any tower, including all antennas and other attachments, shall not exceed 1 foot for each 2 feet the tower is set back from abutting residential property up to a maximum height of 120 feet.

d. In mixed-use zoned or guided property, antennas and towers are not permitted.

e. In all Non-Residential Zoning Districts, the maximum height of any tower, including all antennas and other attachments, shall not exceed 1 foot for each 2 feet the tower is set back from protected residential property, up to a maximum height of 150 feet. The City Council may allow towers up to 200 feet high if the applicant can demonstrate, based upon the topography of the site and surrounding area, siting of the antenna, antenna design, surrounding tree cover and structures and/or through the use of screening, that off-site views of the tower will be minimized. Owners of certain antenna structures more than 200 feet above ground level at the site must notify the Federal Aviation Administration and register with the Federal Communications Commission.

f. The City encourages the use of City property in accordance with the procedures of the City Charter and Code. The City shall have no obligation whatsoever to use City property for these purposes.

g. No telecommunications facilities may be located within a distance equal to twice the height of the proposed tower of any use that involves the storage, distribution, or sale of volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals (hereinafter referred to a flammable storage use) unless the applicant can demonstrate, to the satisfaction of the City, that no danger exists in locating the telecommunications facilities in the proposed proximity to the flammable storage use.

h. Height exceptions. The following are exceptions to the maximum height restrictions for towers:

1. Multiuser towers. Multiuser towers may exceed the height limitations of this section by up to 20 feet, provided that if only the antennas of a single personal wireless service provider will be attached to the tower at the time of application, the additional 20 feet will not be used but will remain vacant for use by a second personal wireless service provider.

2. Amateur radio antenna. In accordance with the preemption ruling PRB1 of the Federal Communications Commission, towers supporting amateur radio antennas that comply with all other requirements of this section are exempted from the height limitations of this section up to a total height of 70 feet, provided that such height is technically necessary to receive and broadcast amateur radio signals.

3. Attached to structures. Towers and other antenna devices which are attached to a structure and not freestanding may be located in residential zoned districts under the following conditions:

(a) The towers and antennas are located upon existing or proposed structures allowed as principal or conditional uses in the underlying zoning district and/or upon public structures; and

(b) The towers and antennas are limited to a height of 15 feet projecting above the structure. The City Council may permit antenna heights of up to 25 feet above the structure if the applicant can demonstrate that, by a combination of antenna design, positioning of the structure and/or by screening erected or already in place on the structure, off site views of the antenna are minimized to accepted levels.

4. Public utility structures. Public utility structures, including, but not limited to, water towers, antennas, lights and signals, power and telephone poles, and poles supporting emergency warning devices.

5. Wireless antennas attached to public utility structures. Wireless antennas located on or attached to public utility structures within public right-of-way or in drainage and utility easements adjacent to public right-of-way allowed pursuant to a lease or master agreement with the City providing for review of the location, height and safety of the structure and antenna.

Subd. 6 Setbacks.

Towers shall conform with each of the minimum setback requirements:

(1) Principal structure setbacks. Towers shall meet the principal structure setbacks of the underlying zoning district except that towers may be located 5 feet from the rear property line, provided that the rear property line abuts industrial or commercial zoned property and the tower does not encroach upon any easements.

(2) Public rights-of-way and roadway easements. Towers shall be set back from all public rights-of-way and roadway easements by a minimum distance equal to 1/2 of the height of the tower including all antennas and attachments.

(3) Location between principal structure and public street. Towers shall not be located between a principal structure and a public street, with the following exceptions:

a. In Industrial and Commercial Zoning Districts, towers may be placed within a side yard abutting an internal industrial street.

b. On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.

(4) Setback reduction. A tower’s setback or its location in relation to a public street maybe reduced through a conditional use permit, at the sole discretion of the City Council provided ground equipment is screened.

(5) Exceptions. The following are exceptions to the setback provision for towers and antennas:

a. The setbacks in this section shall not apply to antennas collocated on existing buildings, towers or structures or public utility structures, including, but not limited to, water towers, antennas, light poles, signals, power and telephone poles, and poles supporting emergency warning devices that are located within public rights-of-way or in drainage and utility easements adjacent to public rights-of-way.

Subd. 7 Separation or Buffer Requirements

(1) Towers shall be separated from all residentially and agriculturally zoned structures by a minimum of 100 feet or 100% of the height of the proposed tower, whichever is greater.

a. The minimum tower separation distance shall be calculated and applied irrespective of City and county jurisdictional boundaries.

(2) Measurement of tower separation distances for the purpose of compliance with this Subsection shall be measured from the base of a tower to the base of the closest point of a residential structure.

(3) Proposed towers must be separated from existing towers, or towers previously approved but not yet constructed at the time a development permit is granted pursuant to this Subdivision, by a minimum of the height of the proposed tower, unless located within a tower designation site.

a. For the purpose of this Subdivision, the separation distances shall be measured by drawing or following a straight line between the base of the existing or approved structure and the base of the proposed tower, pursuant to a site plan of the proposed tower.

(4) Towers supporting amateur radio antennas and conforming to all applicable provisions of this Code shall be allowed only in the rear yard of residentially zoned parcels.

(5) Towers supporting personal wireless service antennas and conforming to all applicable provisions of this Code shall be allowed only in the following residentially zoned locations with a conditional use permit:

a. Government, school, utility, and institutional sites;

b. Park sites, when compatible with the nature of the park;

c. Church sites; and

d. Property zoned RM or RH and or guided for Medium or High Density Residential on the adopted Future Land Use Plan.

(6) Public utility towers supporting wireless antennas and conforming to all provisions of this Code allowed pursuant to a lease or master agreement with the City shall be permitted in public rights-of-way and in drainage and utility easements adjacent to public rights-of-way.

(7) Only 1 tower shall exist at any one time on any 1 residential parcel, unless additional towers or antennas could be incorporated into existing structures such as a church steeple, light pole, power line support device, or similar structure. This provision shall not apply to public utility towers supporting wireless antennas and conforming to all provisions of this Code located in public rights-of-way and within drainage and utility easements adjacent to public rights-of-way that are allowed pursuant to a lease or master agreement with the City.

Subd. 8 Illumination.

Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower for camouflage purposes, light fixtures used to illuminate ballfields, parking lots, or similar areas may be attached to the tower.

Subd. 9 Signs and Advertisements.

No signage, advertising, or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities.

Subd. 10 Fencing.

Any fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities shall be constructed in accordance with the applicable fencing requirements applicable in the zoning district where the tower or antenna support structure is located, unless more stringent fencing requirements are required by Federal Communication Commission regulations or the City Council.

Subd. 11 Landscaping.

All landscaping on parcels containing towers, antenna support structures or telecommunications facilities, including buildings and base stations, shall be in accordance with the City Council conditional use permit requirements for the specific site.

Subd. 12 Security.

All towers must be reasonably posted and secured to protect against trespass.

Subd. 13 Access.

All parcels upon which towers are located must provide access during normal business hours to at least 2 approved surface vehicular parking spaces on site.

Subd. 14 Structural Requirements.

All towers must be designed by an engineer to be structurally sound and, at minimum, in conformance with the Minnesota Building Code and Dayton City Code, and any other standards outlined in this Subsection.

Subd. 15 Permit Requirements

(1) All towers erected, constructed, or located within the City, and all wiring therefore, shall comply with the following requirements:

a. Building permit. It shall be unlawful for any person, firm, or corporation to erect, construct, place or reerect, replace, or make structural repairs to any tower without first making application for and securing a building permit as provided in Subsection 1001.28 of this Code. The building permit must contain the following information:

1. The name, address and telephone number of the owner and lessee of the parcel of land upon which the tower is to be situated. If the applicant is not the owner of the parcel of land upon which the tower is situated, the consent of the owner shall be obtained in writing;

2. The legal description, PID number and address of the parcel of land upon which the tower is situated;

3. The names, addresses and telephone numbers of all owners of other usable towers or antenna support structures within a 5 mile radius of the proposed new tower site, including City-owned property;

4. Written documentation that the applicant made diligent efforts to obtain permission to install or collocate the applicant’s telecommunications facilities on towers or usable antenna support structures, whether City or privately owned located within a 5 mile radius of the proposed tower site;

5. Written technical evidence that the proposed tower or telecommunications facilities cannot be installed or collocated on another person’s tower or usable antenna support structure located within a 5 mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant’s wireless communications system;

6. Evidence that the following requirements are met:

(a) An effort has been made to locate the new tower in accordance with the following priorities:

i. City owned, public or institutional owned property;

ii. Property currently zoned and/or guided for commercial or industrial use, or zoned for private recreational uses;

iii. Property currently zoned and/or guided for medium or high density residential uses.

7. Professional engineer’s report. The applicant shall provide a report from a qualified and licensed professional engineer which demonstrates the tower’s compliance with the standards set forth in Subdivision 14, Structural Requirements and all applicable structural and electrical, but not radio frequency, standards, including, but not limited to, the Minnesota State Building Code, and includes the engineer’s certification.

b. Exceptions. Building permits are not required for:

1. Adjustment, repair, or replacement of existing antennas or the elements of an antenna array affixed to a tower or antenna; provided, that adjustments or replacement does not reduce the safety factor.

2. Routine maintenance (e.g., painting) and other nonstructural related repairs of towers.

3. Antennas and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick up operations, provided that all requirements of Subdivision 14 of this Subsection are met. Temporary antennas shall be removed within 72 hours following installation, unless additional time is approved by the Chief Building Official. Temporary towers erected for emergency purposes may be exempt from setback requirements of this chapter as determined by the Chief Building Official.

4. Public utility structures supporting wireless antennas and conforming to all provisions of this Code that are located within public right-of-way allowed pursuant to a lease or master agreement with the City providing for review of the location, height and safety of the structure and antenna.

c. Fee. The fee to be paid is that prescribed under building permit fees.

d. Construction requirements. All antennas and towers erected, constructed, or located within the City, including all necessary wiring, shall comply with the following requirements:

1. Applicable provisions. All applicable provisions of this Code.

2. Certification. Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform with the latest structural standards and wind loading requirements of the 2006 International Building Code, the Electronics Industry Association, the requirements of the Federal Aviation Administration, Federal Communications Commission and all other applicable reviewing agencies or that the tower is exempt from those regulations.

3. Extension over public right-of-way prohibited. With the exception of necessary electric and telephone service and connection lines approved by the City and public utility towers supporting wireless antennas and conforming to all provisions of this Code and allowed pursuant to a lease or master agreement with the City, no part of any antenna or tower, nor any lines, cable, equipment, or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line.

4. Electrical engineering methods and practices. 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.

5. Occupational safety and health administration requirement. All towers shall be constructed to conform to the requirement of the Occupational Safety and Health Administration.

6. Protection against unauthorized climbing. All towers shall be reasonably protected against unauthorized climbing.

7. Zoning restrictions. Antennas and towers may only be erected in accordance with applicable zoning restrictions.

8. Corrosive resistant metal material. Towers shall be constructed of corrosive resistant metal material.

9. Insurance. Persons responsible for all communication towers and their antennas shall maintain a general liability insurance policy that provides coverage from any damage to property or injuries to persons caused by collapse of the tower. The insurance policy shall provide coverage on an occurrence basis in an amount no less than $1,000,000.

10. Inspections. All towers may be inspected at least once each year by an official of the building and inspection services division to determine compliance with original construction standards. A deviation from the original design for which a permit is obtained constitutes a violation of this chapter.

(a) Notice of violations shall be sent by registered mail to the owner of the property and the owner shall have 30 days from the date the notification is issued to make repairs. The owner shall notify the building and inspection division that the repairs have been made, and as soon as possible thereafter, another inspection shall be made and the owner notified of the results.

e. Additional submittal requirements.

1. In addition to the information required elsewhere in this Code, an application for a building permit or conditional use permit for towers and antennas shall include the following supplemental information:

(a) A report from a qualified and licensed professional engineer which states the following:

i. The tower height and design including a cross section and elevation;

ii. Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;

iii. Describes the towers capacity, including the number and type of antennas that it can accommodate.

(b) A letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use, so long as there is no negative structural impact upon the tower and there is no disruption to the service provided.

Subd. 16 Certifications and Inspections

(1) Every 5 years after construction of a tower, the tower owner shall submit to the Building Official a sworn statement by an engineer certifying that the tower is structurally sound and conforms to the requirements of the appropriate building code and all other construction standards set forth by the City’s Code, federal and state law.

(2) The tower owner may be required by the City to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.

(3) As a condition of accepting a permit from the City to maintain a tower within the City, the tower owner authorizes the City or its agents to enter onto the property upon which a tower is located, between certifications required above, to inspect the tower for the purpose of determining whether it complies with the appropriate building code and all other construction standards provided by the City’s Code, federal and state law.

(4) The City reserves the right to conduct inspections at any time, upon reasonable notice to the tower owner.

(5) All expenses related to these inspections by the City shall be borne by the tower owner.

Subd. 17 Maintenance

(1) Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

(2) Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all Federal Communication Commission, state and local regulations, and in a manner that will not interfere with the use of other property.

(3) All towers, telecommunications facilities and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.

(4) All towers shall maintain compliance with current radio frequency emissions standards of the Federal Communication Commission.

(5) In the event the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. The owner shall remove the unused tower within 6 months of the date when the tower use is discontinued.

Subd. 18 Stealth

(1) All towers and antennas (including antenna cables) shall be, to the greatest extent reasonably possible, in the discretion of the City, of stealth design and shall be designed to blend into the surrounding environment to the maximum extent possible as determined by the City through the use of building materials, colors, texture, screening, landscaping, and other camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

(2) Stealth shall not require towers or telecommunications facilities to be totally hidden, and does not necessarily exclude the use of un-camouflaged lattice, guyed or monopole tower designs.

(3) Personal wireless service towers shall be of a monopole design unless the City Council determines that an alternative design would better blend into the surrounding environment. This provision shall not apply to public utility towers supporting wireless antennas and conforming to all provisions of this Code that are located in public rights-of-way or in drainage and utility easements adjacent to public rights-of-way that are allowed pursuant to a lease or master agreement with the City.

Subd. 19 Other Telecommunications Facilities

(1) Minimum height of antenna support structures.

a. Any telecommunications facilities which are not attached to a tower may be permitted as an accessory use to any antenna support structure at least 45 feet tall (except residential occupancies of less than 3 stories), regardless of the zoning restrictions applicable to the zoning district where the structure is located.

b. The owner of the structure shall, by written certification to the City, establish the following at the time plans are submitted for a building permit:

1. That the combined height from grade of the telecommunications facilities and antenna support structure shall not exceed the height from grade of the antenna support structure alone, by more than 40 feet;

2. That the antenna support structure and telecommunications facilities appropriate comply with the building codes; and

3. That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back 1 foot from the edge of the primary roof for each 4 feet in height above the primary roof of the telecommunications facilities. However, this setback requirement shall not apply to telecommunications facilities and their appurtenances located above the primary roof of an antenna support structure, if the facilities are of stealth design or appropriately screened from view through the use of panels, walls, fences or other screening techniques approved by the City. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof, but which do not protrude more than 36 inches from the side of an antenna support structure.

Subd. 20 Existing Towers

(1) Any owner upon whose land a tower is located, which contains additional capacity for installation or collocation of telecommunications facilities, may allow other persons to install or collocate telecommunications facilities on a tower. Any collocation shall require amendment of the original conditional use permit granted for the tower.

(2) An existing tower may be modified to accommodate collocation of additional telecommunications facilities as follows:

a. Application for a building permit shall be made to the City Building Official.

b. The total height of the modified tower and telecommunications facilities attached thereto shall be established by the new conditional use permit, if granted.

c. Permission to exceed the existing height shall not require an additional distance separation from designated areas as set forth in this article. The tower’s pre-modification height shall be used to calculate the distance separations.

d. A tower which is being rebuilt to accommodate the collocate of additional telecommunications facilities may be moved on site subject to the setback requirements of this Subsection.

e. A tower that is relocated on site shall continue to be measured from the original tower location for the purpose of calculating the separation distances between towers as provided herein.

(3) Additional site plan review by City Council. The City Council may grant site plan modifications for setbacks, separation or buffer requirements, stealth, maximum height, other telecommunications facilities, and minimum height of antenna support structures based on the criteria set forth in Subdivision 20 (4) below.

(4) Criteria for site plan development modifications.

a. The City may grant a site plan modification pursuant to Subdivision 20 (3), if applicant, upon application demonstrates in writing, or as otherwise required by the City, evidence that:

1. The location, shape, appearance or nature of use of the proposed tower will not change the character of the neighborhood in which the tower is proposed to be located; and

2. The site plan development modification will not create any threat to the public health, safety or welfare.

b. In addition to the requirements of Subdivision 20 (4)a. of this Subsection, in the following cases, the applicant must also demonstrate in writing, or as otherwise required, the following:

1. In the case of a request for modification to the setback requirement, that the area of the parcel of land upon which the tower is proposed to be located makes compliance with Subdivision 6 impossible, and the only alternative is to locate the tower at another site which poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land.

2. In the case of a request for modification to the separation requirements of Subdivision 7 (3) that the proposed site is either within a tower designation site or, at least double the minimum standard for separation from residentially zoned structures as provided for in Subdivision 7(1).

3. In the case of a request for modification of the separation requirements of Subdivision 7 (1), if the person provides technical evidence that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage needs of the applicant’s wireless communications system and if the person is willing to create approved landscaping and other buffers to screen the tower support structures, equipment and buildings from being visible to residential areas; and the City determines that there is an adequate fall zone area from any building designed for residential occupancy.

4. In the case of a request for modification of the height limit in a zoning district for towers and telecommunications facilities that the modification is necessary to:

(a) Facilitate collocation of telecommunications facilities in order to avoid construction of a new tower; or

(b) To meet the coverage requirements of the applicant’s wireless communications system, which requirements must be documented with written, technical evidence; provided that in all residentially zoned areas the applicant must demonstrate that the modification will not have an adverse impact on property value or use of property within 1 mile of the tower.

(5) Antennas and towers in existence as of the effective date hereof which do not conform or comply with this chapter are subject to the following provisions:

a. Towers may continue in use for the purpose used and existing as of the effective date hereof, but may not be replaced or structurally altered without complying in all respects with this chapter.

b. If such towers are subsequently 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 for the repair or restoration, but without otherwise complying with this chapter, provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be 50% or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this chapter.

Subd. 21 Abandoned or Unused Towers or Portions of Towers.

All 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 City. In the event that a tower is not removed within 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. After the facilities are removed, the site shall be restored to its original or an improved state.

Subd. 22 Interference with Public Safety Telecommunications.

No new or existing telecommunications service shall interfere with public safety telecommunications.

Subd. 23 Exemptions

(1) Exempt. The following antennas are exempt from the requirements under this chapter except as otherwise provided in subsection (2) of this section:

a. Satellite earth station antennas that are 2 meters or less in diameter and located or proposed to be located in a Business or Industrial District.

b. Except as otherwise provided under Subdivision 23(l)c. of this Subsection, antennas designed to receive signals as follows, provided the mast supporting the antennas does not extend more than 15 feet above the roofline of the building:

1. Antennas that are 1 meter or less in diameter and that are designed to receive direct broadcast satellite service, including direct to home satellite services, or to receive or transmit fixed wireless signals via satellite;

2. Antennas that are 1 meter or less in diameter and that are designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; or

3. Antennas designed to receive television broadcast signals.

c. The exception provided for antennas designed to receive or transmit fixed wireless signals under Subdivision 23(1)b. of this Subsection applies to “customer end antennas”, which are antennas placed at a customer location for the purpose of providing service to customers at that location, but does not apply to hub or relay antennas, which are antennas used to transmit signals to and/or receive signals from multiple customer locations.

(2) Requirements. Antennas exempted under Subdivision 23(l)b. of this Subsection are subject to the following requirements:

a. Antennas (including antenna cables) shall be designed to blend into the surrounding environment through the use of appropriate colors, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration;

b. No lighting, signage, advertising, or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities;

c. Antennas and any guywires or guywire anchors shall not be erected within a public or private utility and drainage easements, and shall be set back a minimum of 5 feet from all lot lines. This provision shall not apply to public utility towers supporting wireless antennas and conforming to all provisions of this Code that are located in public right-of-way or in drainage and utility easements adjacent to public right-of-way that are allowed pursuant to a lease or master agreement with the City;

d. Antennas shall meet the setback requirements specified under this chapter and, to the extent feasible, placed in a position that is not visible from the street, unless placement in accordance with these requirements would impair reception of an acceptable signal;

e. Antennas shall meet the height limitations in this chapter, unless the applicable height limitation would impair reception of an acceptable signal; in which case, antennas shall be limited to the maximum height necessary to obtain an acceptable signal;

f. Antennas shall not be constructed, installed, or maintained so as to create a safety hazard or cause damage to the property of other persons;

g. With the exception of necessary electric and telephone service and connection lines approved by the City and public utility towers supporting wireless antennas and conforming to all provisions of this Code that are located in public rights-of-way or drainage and utility easements adjacent to public rights-of-way allowed pursuant to a lease or master agreement with the City, no part of any antenna nor any lines, cable, equipment, or wires or braces in connection with the antenna shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line;

h. Antennas, masts, and supporting cables shall conform to the latest structural standards and wind loading requirements of the Building Code and the Electronics Industry Association and any other applicable reviewing agencies.

(3) Residential/Mixed Use District standards. Satellite earth station antennas in excess of 1 meter in diameter and antennas designed to receive direct broadcast services or multichannel multipoint distribution services in excess of 1 meter in diameter may be allowed as a conditional use within the Residential (R-1, R-2, R-E, R-MH, R-3, RM, RH) and Mixed Use (V-M, H-M) Zoning Districts of the City and, in addition to the requirements of this chapter, shall comply with the following standards:

a. The lot on which the antenna is located shall be of sufficient size to assure that an obstruction free receive window can be maintained within the limits of the property ownership;

b. Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the antenna in a manner in which growth of the landscape elements will not interfere with the receive window;

c. The antenna is not greater than 3 meters in diameter; and

d. The conditional use permit provisions of this chapter are considered and determined to be satisfied.

(4) Business District standards. Satellite earth station antennas in excess of 2 meters in diameter and antennas designed to receive direct broadcast services or multichannel multipoint distribution services in excess of 1 meter in diameter are allowed as a conditional use within the B-l, B-2, B-3, B-4 and B-P Districts of the City and, in addition to the requirements of this chapter, shall comply with the following standards:

a. The lot on which the antenna is located shall be of sufficient size to assure that an obstruction free transmit-receive window or windows can be maintained within the limits of the property ownership;

c. The conditional use permit provisions of this Code are considered and determined to be satisfied.

(5) Industrial District standards. Satellite earth station antennas in excess of 2 meters in diameter and antennas designed to receive direct broadcast services or multichannel multipoint distribution services in excess of 1 meter in diameter may be allowed as a conditional use within the 1-1 and 1-2 Districts of the City and, in addition to the requirements of this chapter, shall comply with the following standards:

c. The conditional use permit provisions of this Code are considered and determined to be satisfied.

Subd. 24 Violations.

Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor.

(Ord. 2010-18, passed 9-28-2010; Am. Ord. 2014-14, passed 10-14-2014)