a)   Purpose. The purpose of this section is to establish predictable and balanced regulations for telecommunication facilities and systems in order to accommodate such within the city, while protecting the community against adverse impacts to the public welfare or aesthetic resources.

b)   Findings. The City of Minnetonka finds the following:

      a.   installation of facilities on existing support structures is favored over installation of new, freestanding telecommunication towers;

      b.   new telecommunication towers must be designed to accommodate more than one telecommunication provider and must incorporate stealth design techniques; and

   4)   To minimize safety hazards and visual impacts, and to ensure continued and adequate space for public utilities, public right-of-way should be minimally used for telecommunication facilities.

c)   Severability. Every section, subdivision, clause or phrase of this section 310.03 is declared separable from every other section, subdivision, clause or phrase. If any such part is held to be invalid by competent authority, no other part shall be invalidated by such action or decision.

For the purpose of this ordinance, the terms below have the meaning given to them, unless the context clearly indicates a different meaning:

a)   "Accessory Equipment" - wires, cables, generators, or other equipment or apparatus associated with an antenna and necessary for telecommunication transmission.

b)    "Antenna" - any device used for the transmission or reception of wireless radio television, or electromagnetic waves for cellular, internet service, personal communication service, enhanced specialized mobilized radio service, or television purposes.

c)    "Engineer" - an engineer licensed by the state of Minnesota, or an engineer acceptable to the city if licensing is not available.

d)   "Non-Small Cell Wireless Facility" - a telecommunication facility that is not a small cell wireless facility.

e)   "Radome" - a structural, weatherproof enclosure that protects an antenna and is constructed of material that minimally attenuates the signal transmitted/received by such antenna.

f)    "Small Cell Wireless Facility" - a wireless facility that meets both of the following qualifications:

   1)   Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and

   2)   All other wireless equipment associated with the small wireless facility is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed.

g)    "Stealth Design" - design intended to minimize visual impact of an object on its surroundings. Examples of stealth telecommunication design include: eliminating horizontal projections; screening with other architectural elements; nestling into surrounding landscape such that natural topography or vegetation reduces views; locating in areas that would result in the least amount of visibility to the public; minimizing size; and designing a telecommunications facility to appear as something other than a telecommunications facility.

h)    "Support Structure" - a structure on which antenna can be mounted. Examples of support structures include: telecommunication towers, buildings, water towers, electrical transmission towers, utility poles, and structures designed to support or capable of supporting small cell wireless facilities.

i)    "Telecommunication Facility" - antennas, associated equipment, and support structures. This term includes small cell wireless facilities..

j)    "Tower" - a freestanding, self-supported structure constructed from grade for the purpose of supporting one or more antenna.

a)   Citation. This section 310.03 may be cited as the Minnetonka Telecommunications Ordinance.

b)   Administration and Enforcement. Administration and enforcement of this section 310.03 is governed by section 300.03.

a)   Within right-of-way:

   1)   New Support Structures. Small cell wireless facilities located on new support structures are permitted uses, within public rights-of-way if adjacent to properties zoned for office, commercial, industrial, or high-density residential, subject to the standards outlined in City Code §1120.

   2)   Existing or Replacement Structures. In all zoning districts, telecommunication facilities located on existing or replacement structures are permitted uses, subject to the standards of subdivision 7 of this ordinance, when the facility includes no component larger than six cubic feet in size and:

      a.   Is located on an electric transmission tower carrying over 200 kil volts of electricity; or

      b.   Is located on an existing utility pole and does not extend above the top of the pole by more than 10 feet; or

      c.   Is located on a replacement utility pole that does not exceed 50 feet in height or the height of the existing structure, whicever is greater, and does not exceed the diameter of the existing pole by more than 50 percent.

b)   Outside right-of-way. In all zoning districts, the following are permitted uses outside of right-of-way, subject to the standards outlined in subdivision 7 of this ordinance:

   1)   Facilities located on electric transmission towers carrying over 200 kil volts of electricity.

   2)   Facilities located on water towers or buildings for which a conditional use permit has already been approved.

   3)   A one-time 15-foot extension of an existing telecommunication tower or one-time replacement of a telecommunication tower by a tower no greater than 15 feet tall than the original, existing tower up to a maximum of 90 feet.

(Amended by Ord. No. 2023-02, effective February 27, 2023)

a)   Within right-of-way. In single-family medium and low-density residential districts, as defined by the comprehensive plan, small cell wireless facilities located on new support structures are conditional uses, subject to conditions in subdivision 8 of this ordinance.

b)   Outside right-of-way. In all zoning districts, the following telecommunication facilities are conditional uses, subject to conditions outlined in subdivision 8 of this ordinance:

   1)   New telecommunications towers; and

   2)   Facilities located on water towers or buildings for which a telecommunications conditional use permit has not already been approved.

a)   Permits.

   1)   Small Wireless Facility Permit. A small wireless facility permit, pursuant to City Code §1120, is required for all permitted uses within the right-of-way as outlined.

   2)   Administrative Permit. An administrative permit is required for: (1) all permitted facilities, located outside of right-of-way; and (2) permitted, non-small cell wireless facilities located within right-of-way. Administrative permit applications are subject to the review of the city planner or their designee, who will render a decision within time periods provided by Minnesota Statute 15.99, as applicable, and will serve a copy of that decision upon the applicant by mail. Any person aggrieved by the decision of the city planner, or their designee, may appeal the decision to the planning commission in the manner specified in section 300.04 of this ordinance

   3)   Conditional Use Permit. A conditional use permit is required for conditionally-permitted uses. Conditional use permit applications are subject to the review procedures outlined in section 300.06 of this ordinance. In the case of a conditionally-permitted small cell wireless facility within the right-of-way, a Small Wireless Facility Permit pursuant to City Code §1120, will be reviewed and issued in conjunction with an approved conditional use permit.

b)   Permit Applications. Applications must be submitted on the appropriate form provided by the city and must include the following, unless otherwise waived by city staff based on circumstances unique to the site:

   o   Wireless telecommunication provider that will utilize the facility and provider's consent to the application;

   o   Certificate of survey, illustrating the location of the proposed facility, property lines, right-of-way line, and any existing or proposed easements;

   o   Support structure elevations;

   o   Construction drawings signed by a registered architect, civil engineer, landscape architect or other appropriate design professional; and

   o   For small cell wireless facilities, the bandwidth on which the facility will operate. If bandwidth is outside of low band blocks 200-806, 824-849 and 869-894 or high band blocks 1710-1730, 1900-1910, 1980-1990 and 2110-2130, cash escrow is required to cover the reasonable expense of an RF engineer retained by the city to conduct an interference study. The study will evaluate a proposed facility's potential interference with public safety communications, including communications with public utility monitoring systems;

   o   For non-small cell wireless facilities, cash escrow is required to cover the reasonable expense of an RF engineer retained by the city to conduct an interference study. The study will evaluate a proposed facility's potential interference with public safety communications, including communications with public utility monitoring systems;

   o   For new telecommunication towers, a coverage and capacity analysis prepared by radio frequency (RF) engineer that demonstrates that the location of the proposed facility is necessary to meet the coverage and capacity needs of the wireless telecommunication providers system and cash escrow to cover the reasonable expense of an RF engineer retained by the city, at its option, to review the coverage and capacity analysis.

c)   A variance from the regulations in this ordinance requires a separate application, according to the procedures in section 300.07 of this code.

a)   All locations and facilities.

   1)   Service Provider. A telecommunications service provider must be identified for the proposed telecommunication facility and must occupy the facility within twelve months of approval.

   2)   Lighting. Telecommunications facilities may not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety or unless necessary to facilitate service to ground-mounted equipment.

   3)   Construction. Facilities and equipment must be constructed in compliance with applicable building and electrical code requirements. Structural design, mounting, and installation of the telecommunication facility must be in compliance with manufacturer's specifications.

b)   Within right-of-way.

   1)   All Facilities. All telecommunication facilities located within public right-of-way are subject to the requirements of Section 1120, Right of Way Management. To the extent of any inconsistency between this section and section 1120, the more restrictive provision applies.

   2)   Small Cell Wireless Facilities. Permitted small cell wireless facilities must comply with section 1120.

   3)   Non-Small Cell Wireless Facilities. Permitted facilities are subject to the following additional requirements:

      a.   Location. Facilities may be located in any zoning district. However:

         1.   No facility may be located within 400 feet of the boundary of any property that contains a facility or structure listed on the national register of historic places.

         2.   Facilities located within right-of-way must be separated by 330 feet.

      b.   Design.

         1.   Width. New or replacement utility poles mays not exceed the width of the closest public utility pole by more than 50 percent, but in no case may they exceed 18 inches in diameter.

         2.   Projections.

            a.   Facilities located on existing or replacement utility poles must be top-mounted and concealed within a radome or otherwise concealed to the extent feasible. Cable connections, antenna mount and other hardware must also be concealed. In no case may the wireless facility extend more than 10 feet above, or three out from, the pole to which it is attached.

            b.   Facilities located on transmission towers may not extend more than 15 feet above or project out more than three feet from the structure to which they are attached.

            c.   Color. Radomes, antennas and support structures must be painted a non-contrasting color consistent with the surrounding area. Replacement utility poles located within the public right-of-way must match, to the greatest extent practicable, the materials and colors of the closest public utility structure.

      c.   Accessory Equipment. Equipment must be located in compliance with City Code §1120.

c)   Outside right-of-way. Permitted facilities located outside of right-of-way are subject to the applicable conditions in subdivision 7(b) above and:

   1)   Projections. Antennas may not project out from an antenna support structure or tower, unless it is physically impossible to locate the antenna with the structure or tower, in which case they may not project out more than three feet. Facilities located on transmission towers, water towers or buildings may not extend more than 15 feet above the structure to which they are attached. Wall or façade-mounted antennas may not extend above the building cornice line.

   2)   Accessory equipment is subject to the following:

      a.   Equipment or buildings meet minimum setback requirements established for accessory structures in the associated zoning district.

      b.   Equipment or buildings must be designed to blend in with the surrounding natural or built environment or must be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the character of the surrounding neighborhood.

      c.   No more than one accessory building is permitted for each tower. If additional space is needed to accommodate the co-location of antennas, the existing accessory building must be expanded or a new accessory building must be constructed adjacent and complementary to the existing building.

a)   Small Cell Wireless Facilities. Conditionally-permitted facilities are subject to the standards outlined in subdivision 7(a) above, City Code §1120 and the following:

   1)   Location. Facilities:

      a.   May not be located adjacent to residentially-zoned properties, unless the applicant provides an RF certification that the applicant's service objectives for the site cannot be met by constructing a similar facility in a non-residentially zoned area; and

      b.   Must be located within the rights-of-way of collector or arterial streets, unless the application provides an RF certification that the applicant's service objectives for the site cannot be met by constructing a similar facility on a collector or arterial street; and

b)   Non-Small Cell Wireless Facilities. Conditionally-permitted, non-small cell wireless facilities are subject to the requirements in subdivision 7(c) above and the following:

   1)   Location.

      a.   Design. General. Facilities must be located in an area that will meet the applicant's reasonable coverage and capacity needs. However, the city may require that a different location be used if it would result in less public visibility, is available, and would continue to meet the applicant's reasonable capacity and coverage needs.

      b.   Zoning Districts. Facilities may be located within any zoning district. However, on properties guided low-density residential, telecommunication towers may only be located on public or institutional property.

      c.   Setbacks. Towers located adjacent to low or medium-density residential properties must meet the minimum setback requirements established for principal structures within the associated residential zoning district, but only from the property line abutting the residential district. The city council may waive the setback requirement if necessary to implement stealth design techniques. Accessory equipment must meet minimum setback requirements established for accessory structures within the zoning district.

   2)   Design

      a.   Stealth Design. Facilities must use as many stealth design techniques as reasonably possible. Economic considerations alone are not justification for failing to provide stealth design techniques.

      b.   Collocation. New telecommunication towers must be designed to accommodate more than one telecommunication provider at more than one height within the tower, unless it is physically impossible or impractical to do so at the tower's proposed location. In addition, the applicant, tower owner, landlord, and their successors must agree in writing to: (1) meet reasonable terms and conditions for shared use; (2) submit a dispute over the potential terms and conditions to binding arbitration.

      c.   Height. Maximum tower height, excluding lightning rods, is restricted based on the land use designation of property on which the tower is located:

 

 

         The city council may increase height if the applicant can demonstrate that the increase would not have a significant impact on surrounding properties because of things like proximity, topography, or screening by trees or buildings. The council may likewise waive height restrictions for towers wholly or partially for essential public services, such as public safety.

      d.   Projections. Antennas may not project out from an antenna support structure or tower, unless it is physically impossible to locate the antenna with the structure or tower, in which case they may not project out more than three feet. Facilities located on transmission towers, water towers or buildings may not extend more than 15 feet above the structure to which they are attached. Wall or façade-mounted antennas may not extend above the building cornice line.

      e.   Color. Tower, antennas and support structures must be painted a non-contrasting color consistent with the surrounding area such as: gray, brown, or silver, or have a galvanized finish to reduced visual impact. Metal towers must be constructed of, or treated with, corrosion-resistant material.

The Glen Lake Station and Minnetonka Boulevard/County Road 101 Community Village Centers, and the Minnetonka Mills Area Special Purpose Village Center are recognized within the Comprehensive Guide Plan as unique commercial nodes. These village centers represent the earliest developed commercial areas in the city. They have existing and anticipated pedestrian designs unique within Minnetonka, typified by sidewalks, trails, landscaped boulevards, street lights, and buried utilities. Accordingly, there is a presumption that telecommunication facilities are prohibited in these areas. An applicant may overcome this presumption by submitting an RF certification that the applicant's service objectives for the site cannot be met by constructing a similar facility in a non-residentially zoned area. If non-small cell wireless telecommunication facilities are permitted in these special village centers under paragraph above, then the installation of the facilities must meet the following additional standards:

a)   Accessory equipment must be located within a principal building. If space is not available in the principal building, an accessory building may be used. The accessory building must meet the construction standard of the applicable zoning district and must complement the principal structure design and materials.

b)   Telecommunication facilities may not be located within public right-of-way or within any front yard. The council may waive one or both of these restrictions if the proposal would provide a public benefit, such as improving the existing site aesthetics.

a)   Facilities located within the right-of-way must be removed when required by the road authority.

b)   Obsolete telecommunications facilities must be removed within 90 days after cessation of their use at the site, unless an exemption is granted by the city council. Unused telecommunications facilities and all related equipment must be removed within one year after cessation of operation at the site, unless an exemption is granted by the city council. Telecommunications facilities and related equipment that have become hazardous must be removed or made not hazardous within 30 days after written notice to the current owner and to any separate landowner, unless an exemption is granted by the city council. Notice may be made to the address listed in the application, unless another one has subsequently been provided, and to the taxpayer of the property listed in the Hennepin County tax records. Telecommunications facilities and all related equipment that are not removed within this time limit are declared to be public nuisances and may be removed by the city. The city may assess its costs of removal against the property

This ordinance applies to all telecommunications facilities in the city, except:

a)   To facilities or devices that is used for the private enjoyment of those on the premises where it is located. Examples include: amateur radio antennas and antennas receiving television signals for viewing on site. Such facilities or devices are considered accessory uses and are regulated as such in each zoning district; or

b)   As prohibited or otherwise required by Federal Communications Commission regulations or orders.

(Amended by Ord. No. 2018-03, effective March 19, 2018; Amended by Ord. No. 2021-01, effective January 25, 2021)