The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communicating systems within the City of East Bethel while protecting the public against any adverse impacts on the city's aesthetic resources and the public welfare.

The following standards shall apply to all personal wireless service, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and short-wave radio transmitting and receiving antenna.

A.

Structural design, mounting, and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer.

B.

Potential damage to adjacent properties from tower failure, falling ice, high winds, adverse weather, and other safety hazards is avoided through location, size, height, and development standards and setback requirements.

C.

The number of towers needed to serve the city is minimized through the use of existing and approved towers and buildings to accommodate multiple antennas.

D.

The quality of living is preserved in residential areas that are in close proximity to radio, television, and other broadcast facilities.

E.

If a new antenna support structure is to be constructed, it shall be designed so as to accommodate other users including, but not limited to, other personal wireless service communication companies, local police, and fire and ambulance companies.

F.

Telecommunications facilities are placed in suitable locations which minimize effects on residential land uses.

[G.

Reserved.]

H.

Amateur radio support structures (towers) must be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications.

An interim use permit (IUP) is required for telecommunications towers as established in Section 04. Applications and Procedures of this ordinance. All applications for telecommunications facilities shall be prepared and processed according to the provisions established in Section 04. Applications and Procedures. Exceptions to the requirement for the IUP include the following:

A.

Emergency or routine repairs, emergency reconstruction, or routine maintenance of previously approved facilities, or replacement of transmitters, antenna, or other components on previously approved facilities, which does not create a significant change in visual impact or an increase in radio frequency emission levels, and provided that such work does not constitute a clear safety hazard.

B.

Household television antenna extending less than ten feet above the highest point of a residential structure.

C.

Satellite receiving antenna less than two meters in diameter and less than 30 feet in height.

D.

Two-way communication transmitters used on a temporary basis by 9-1-1 emergency services, including fire, police, and emergency aid services.

E.

Radio transceivers, normally hand-held or installed in moving vehicles, such as automobiles, watercraft, or aircraft; this includes cellular phones.

F.

An administrative permit issued by the zoning administrator for antenna or antenna support structures erected temporarily for test purposes or emergency communications. Temporary shall mean that the antenna or support structure is removed within 72 hours following the termination of testing or emergency communication needs.

An IUP application shall incorporate requirements found in Section 04. Applications and Procedures. The city may require additional information necessary to complete the permit review including, but not limited to, the following:

A[1].

Scaled plan drawings of structure and site.

[A2.]

A description of tower height and design, including cross sections and elevations.

B.

Documentation of height above grade for all potential mounting positions for co-located [collocated] antenna, and minimum separation distances.

C.

Visual impact demonstrations, including mock-ups and or photomontages, to provide a more accurate depiction of the visual impact.

D.

Landscaping plans including any removal of trees or shrubs currently on site.

E.

Screening and finishing plans.

F.

Description of the tower's capacity, including the number and type of antenna that it can accommodate.

G.

A letter of intent regarding co-located [collocated] uses.

H.

Master plan, including coverage areas, for all related facilities within six miles of the city limits.

I.

Facility design proposal alternatives.

J.

Site analysis showing alternative site locations including alternatives involving multiple tower locations of tower heights.

K.

A plan drawing of the projected energy lobe patterns of the site.

L.

A written statement from the City of East Bethel Fire Department stating that the design of the facility, including access roads, are in compliance with applicable fire codes and reasonable fire regulations for access to the site in emergency situations.

M.

Documentation of the steps the applicant will take to avoid interference with established public safety telecommunications.

N.

Security considerations.

O.

Description of anticipated maintenance and monitoring programs.

P.

Tower maintenance plan.

A.

New telecommunications towers shall be capable of supporting at least two additional telecommunications users. Towers in excess of 149 feet in height shall be capable of supporting at least three additional telecommunications users.

B.

When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses.

C.

Antenna support structures shall be constructed and finished to reduce visual impact. The city shall determine the type of structure and color to be allowed.

D.

Antenna and antenna support structures must be designed to blend into the surrounding environment through use of color, architectural treatments, landscaping, etc. All locations shall provide the maximum amount of screening from off-site views as is feasible. Existing on-site vegetation shall be maintained or replaced.

E.

All metal towers shall be treated with corrosion resistant material.

F.

Structural design, mounting, and installation shall be in compliance with the manufacturer's specifications. Plans shall be approved and certified by a registered professional engineer. A copy of the plans, including engineer's stamp and registration number and a copy of the manufacturer's installation specifications, will be filed with the local building official before construction begins. An as-built construction plan, certified by a registered engineer, shall be filed with the city within 30 days of the date upon which the facility becomes operational.

G.

Antennae shall not be artificially illuminated except for FAA-required flashing warning lamps positioned on the towers. When appropriate, the approved design may support light fixtures to illuminate ball fields, parking areas, or other similar areas.

H.

No advertising message shall be affixed to the facility.

I.

All base transceiver stations shall be housed in a permanent structure designed to blend in with adjacent buildings and landscape.

J.

The base of any tower shall occupy no more than 300 square feet.

K.

Permanent platforms, crows' nests, or structures, exclusive of antenna, are prohibited.

L.

Antenna support structures shall not be made of wood or any flammable material.

M.

All equipment and construction regulated by this ordinance shall comply with recognized applicable standards or regulations established by the following:

1)

American National Standards Institute.

2)

Electronic Industries Association.

3)

Federal Communications Commission.

4)

Institute of Electrical and Electronic Engineers.

5)

Minnesota Building Code.

6)

National Fire Protection Association.

7)

Occupational Safety and Health Administration.

N.

New antenna support structures shall be constructed, at no cost to the city, to provide space for installation of city emergency/fire sirens in such fashion that they will not interfere with any antenna.

O.

Power transmission lines on the lot where the facility is located shall be buried underground.

P.

Telecommunications facilities shall include security fencing approved by the city.

Q.

Abandoned telecommunications facilities shall be removed within 90 days of abandonment. After facilities have been removed, the site shall be restored to its natural condition.

R.

An IUP will not be required for co-located [collocated] uses on a permitted tower; however, such uses will require site plan review and approval.

S.

Telecommunications towers shall be set back from all property lines or roadway easements at a distance equal to the height of the tower. A lesser setback may be considered if it can be demonstrated that the tower is designed to collapse or bend in a structural failure situation resulting in a fall zone less than the actual height of the tower.

T.

A written statement from the City of East Bethel Fire Department stating the design of the facility, including access roads, are in compliance with applicable fire codes and reasonable fire regulations for access to the site in emergency situations.

The following sites are identified by the city in the following prioritized order as preferential in location of telecommunications towers:

A.

Antennas located upon public lands or structures, i.e., water towers and public facilities.

B.

Co-location [collocation] on existing antenna support structures.

C.

Within the easement of high power overhead transmission lines (69 KV or greater).

D.

Central business (B-2), highway business (B-3), and light industrial (I) districts within one-fourth mile of Trunk Highway 65.

A.

Height restrictions. The height of towers and antenna devices 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. Maximum heights for towers are as follows:

1)

B-2, B-3, I, MXU: 120 feet; P/I: 199 feet.

2)

In all residential zoning districts, the maximum height of any antenna device or tower, including all antennas and other attachments, shall not exceed 40 feet, except that the height may be increased by a CUP if the applicant can demonstrate that 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.

B.

Exceptions to height requirements. The following are exceptions to the maximum height restriction for towers and antenna devices:

1)

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 up to a total height of 70 feet, provided that such height is technically necessary to receive and broadcast amateur radio signals.

2)

Towers and other antenna devices which are attached to a structure and not freestanding may be located in any district under the following conditions:

a)

The towers and antenna are located upon existing or proposed structures allowed as principal or conditional uses in the underlying zoning district and/or upon public structures.

b)

The towers and antennas are limited to a height of ten feet projecting above the structure. The city council may allow, through a CUP, an antenna height 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.

c)

Towers cannot be attached to the steeples of places of worship.

3)

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

(Ord. No. 2021-06, 10-11-2021)

No IUP shall be approved for a telecommunications facility without an executed development agreement by the applicant and the city. The city attorney shall prepare a development contract or recommend approval of one prepared by the applicant. The development contract shall include, but not be limited to inclusion of, the following:

A.

Reimbursement of all city out-of-pocket expenses, administrative costs, inspections, permit fees, and other reasonable costs identified by the city.

B.

Reimbursement to the city of all current and future costs of enforcing the conditional use permit.

C.

Surety in a form and amount determined by the city to guarantee performance by the applicant.

D.

Liability and property damage insurance requirements to be determined by the city.

E.

City indemnification provisions.

The following standards shall apply to all accessory and secondary use antennas including radio and television receiving antennas, satellite dishes, TVROs two meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers.

A.

Accessory or secondary use antennas shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements, and shall be set back a minimum of 25 feet from all lot lines.

B.

Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of five feet from all lot lines.

A.

Agricultural and residential district standards. Single satellite dish TVROs located within agricultural and residential zoning districts of the city shall comply with the following standards:

1)

The lot on which the satellite dish 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.

2)

The satellite dish antenna is not greater than two meters in diameter.

B.

Business/industrial and public/institutional district standards. Commercial, private and public satellite dish transmitting or receiving antennas in excess of two meters may be allowed as a conditional use as established in Section 4. Applications and Procedure[s], and shall comply with the following standards:

1)

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

2)

The CUP provisions of Section 4 of this chapter are considered and determined to be satisfied.

Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards:

A.

Such antenna shall be considered an allowed conditional use within the I-1, limited industrial district, of the city and shall be subject to the regulations and requirements of Section 4. Applications and Procedures.

B.

The antennas, transmitting towers, or array of towers shall be located on a continuous parcel having a dimension equal to the height of the antenna, transmitting tower, or array of towers measured between the base of the antenna or tower located nearest a property line and said property line.

C.

Unless the antenna is mounted on an existing structure, a fence not greater than eight feet in height with a maximum opacity of 50 percent shall be provided around the support structure and other equipment.

The applicant shall pay the fees required by the city-adopted fee schedule for processing a request to install, operate, and maintain a tower, public utility structure, pad mount device, a wireless telecommunications facility, or an automatic meter reading system, and/or devices in the city. If deemed as necessary due to the nature of the application, the applicant shall also be required to establish an escrow, in the amount to be determined by the city, to reimburse the city for its cost to retain a consultant to review the requested application and for facility maintenance.

If any clause, section, or other part of this section shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this section shall not be affected thereby but shall remain in full force and effect.