Mounds View City Zoning Code
WIRELESS TELECOMMUNICATIONS
FACILITIES
§ 160.395 PURPOSE.
The zoning regulation of wireless telecommuni- cations facilities is intended to provide for the appropriate location, development and installation of telecommunications towers and antennas within the city. The provisions of this subchapter are intended to protect the health, safety and aesthetic concerns of the community by minimizing the adverse visual effects of towers and antennas through careful design, siting and screening; by avoiding potential damage from tower failure to adjacent properties through structural standards and setback requirements; and by maximizing the use of existing towers, structures or buildings to accommodate new telecommunications antennas in the city.
(Prior Code, § 1124.01) (Ord. 588, passed 02-10-1997)
§ 160.396 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY EQUIPMENT STRUCTURE. A building or cabinet-like structure located adjacent to, or in the immediate vicinity of, a wireless telecommunication tower or antenna to house equipment customarily incidental to the receiving or transmitting of wireless broadcasts, cellular telephone calls, voice messaging and paging services.
ANTENNAS. Equipment used for transmitting or receiving radio frequency signals which is attached to a tower, building or other structure, usually consisting of a series of directional panels, microwave or satellite dishes, or omnidirectional “whip” antennas.
ANTENNAS, STEALTH. Wireless telecom- munication antenna designed to blend into the surrounding environment or integrated into the physical structure to which it is attached.
BASE TRANSCEIVER STATION. Equipment that provides the link between wireless communications and land-based public telephone switching networks, including radio frequency transceivers, back-up power sources, power amplifiers and signal processing hardware, typically contained in a small building or cabinet.
CO-LOCATION. The location of wireless telecommunications equipment from more than one provider on one common tower, building or structure.
SMALL 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; provided, the equipment 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 from public view within or behind an existing structure or concealment.
TOWER. Any ground-mounted, pole, spire, structure or combination thereof, including supporting lines, cables, wires, braces and masts, to which a telecommunications antenna is attached or affixed.
TOWER, LATTICE. Three- or four-legged steel girdered structures typically supporting multiple communications users and services generally ranging from 60 feet to 200 feet in height.
TOWER, MONOPOLE. Single pole design, approximately three feet in diameter at the base narrowing to approximately one and one-half feet at the top, generally ranging from 25 to 125 feet in height.
UTILITY POLE. Pole used to support essential services such as power, telephone or cable television lines; or used to support street or pedestrian way lighting, typically located in public rights-of-way or boulevards.
WIRELESS TELECOMMUNICATION SERVICES. Licensed or unlicensed wireless telecommunication services including cellular, digital cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), commercial or private paging services or similar services marketed or provided to the general public.
(Prior Code, § 1124.02) (Ord. 588, passed 02-10-1997)
§ 160.397 ALLOWANCE FOR TOWERS AND ANTENNAS BY ZONING DISTRICT.
(A) Permitted uses, all districts. Wireless telecommunication towers and antennas shall be allowed in any district as a permitted use only as provided below.
(1) Water tower. Wireless telecom- munication antennas shall be permitted upon city-owned water towers provided the applicant has an approved lease agreement with the city and has obtained a building permit from the city and paid all applicable permit fees.
(2) Co-location on existing towers. Wireless telecommunication antennas shall be permitted to be attached to existing towers within the city in accordance with the applicable siting guidelines and design criteria in § 160.398 of this chapter, after the applicant has provided to the city a written statement of approval from the tower owner or lessor and has obtained a building permit from the city and paid all applicable permit fees.
(3) Utility poles. Wireless telecommunication antennas shall be permitted to be attached to utility poles after the applicant has provided a written statement of approval from the utility pole owner or lessor and has obtained a building permit from the city and paid the necessary fees. The height of the antennas shall not exceed ten feet and shall not extend more than six feet above the pole.
(4) Small wireless facility. Small wireless facilities located on non-decorative utility poles within the public right-of-way, shall be permitted in all zoning districts and must be in compliance with Ch. 152 of this code of ordinances. If located within public right-of-way on a block where decorative utility poles are present, the small wireless facility must be located on a utility pole of similar appearance and dimensions to that of the existing decorative utility poles.
(B) Conditional uses, specific districts.
(1) Wireless telecommunication towers and antennas shall be allowed with the approval of a conditional use permit in the zoning districts specified in the table below and in accordance with the co-location requirements stated in § 160.398 of this chapter, siting requirements and design criteria stated in § 160.399 of this chapter, and the procedural requirements stated in § 160.400 of this chapter.
(3) Conditional use permits are not required for towers and/or antennas used by the city for city purposes or public agencies for public safety purposes; or for repair, adjustment or replacement of the elements of a wireless telecommunication antenna array affixed to a tower, if the repair, replacement or adjustment does not reduce acceptable safety standards.
(4) The height limitations listed in the following table shall include all parts of the wireless telecommunication tower and antenna structure, except for that space needed for lightening diffusion apparata.
Zoning Districts | Height Limitations | With Co-Location |
R-1, R-2, R-3, R-4, R-5 (antennas only) | Ten feet above the height of the roof, allowed only if mounted on educational facilities, religious institutions, government or public utility buildings; or in “upward thrusting architectural elements” such as church steeples, bell towers or smokestacks 1 | N/A |
B-1, B-2 | 75 feet | 95 feet2 |
B-3, B-4, PUD (commercial PUDs only)3 | 100 feet | 120 feet2 |
PUD (industrial PUDs only)3 | 150 feet | N/A |
CRP and city-owned land zoned R-1 | 100 feet, allowed only if incorporated into new or existing facilities or structures, such as using the tower as a light standard for ball fields or parking areas, or into mature tree stands that provide a suitable screen for at least half the height of the tower | 120 feet2 |
NOTES TO TABLE: 1 In accordance with § 160.399 of this chapter. 2 Co-location height bonus subject to applicant providing to the city proof of a signed lease arrangement, shared use agreement or other like document. 3 For towers and antennas proposed in PUDs, the applicant shall file a request to amend the existing PUD final plan and/or adopted conditional use permit in accordance with §§ 160.315 through 160.319 and 160.450 through 160.452 of this chapter. Wireless telecommunication towers and antennas shall not be allowed in PUDs having residential uses. | ||
(Prior Code, § 1124.03) (Ord. 588, passed 02-10-1997; Ord. 793, passed 01-30-2008; Ord. 829, passed 09-03-2009; Ord. 940, passed 01-22-2018)
§ 160.398 CO-LOCATION REQUIREMENTS.
(A) A proposal for a new wireless telecommunication tower shall not be approved unless the applicant documents to the satisfaction of the city that the antennas planned for the proposed tower cannot be accommodated on an existing or approved tower or commercial or industrial building within a one-half mile radius, transcending municipal borders, due to one or more of the following:
(1) The antenna would exceed the structural capacity of the existing or approved tower or commercial building;
(2) The antenna would cause interference with other existing or planned equipment at the tower or building;
(3) Existing or approved towers and commercial buildings cannot reasonably accommodate the antenna at a height necessary for the proposed antenna to function;
(4) Existing or approved towers and commercial buildings are outside of the documented search area;
(5) The owners or lessors of existing or approved towers and commercial buildings are unwilling to allow co-location upon their facilities or are unavailable to grant such an allowance; and
(6) Approval cannot be obtained for co-locating upon an existing tower or antenna site which is within the documented search area, but outside city municipal boundaries.
(B) It is the city’s intent to encourage co-locating providers to share accessory equipment building space whenever possible and practical so as to minimize the number of necessary accessory buildings and their impact upon the surrounding community. An applicant co-locating on another provider’s tower shall incorporate its base transceiver station and all other equipment into an existing accessory equipment building or suitable principal structure, except as otherwise provided in this division (B). If this requirement cannot be met due to insufficient space within the existing accessory building, security issues, competition or compatibility concerns, or for other reasons, one of the following options, ranked in preferential order, shall be utilized.
(1) The existing accessory building shall be expanded to a size sufficient to house the co-locator’s equipment. The building expansion shall match the design and features of the existing accessory equipment building. The applicant shall obtain a building permit from the city prior to construction.
(2) A cement pad shall be constructed alongside and adjacent to the existing accessory equipment building upon which the co-locator’s equipment shall be attached. The applicant shall obtain a building permit from the city prior to construction.
(3) A separate building shall be constructed that conforms to all the requirements set forth in § 160.399 of this chapter.
(Prior Code, § 1124.04) (Ord. 588, passed 02-10-1997)
§ 160.399 SITING AND DESIGN REQUIREMENTS.
The requirements of this section apply to all wireless telecommunications towers and antennas erected, constructed, placed or replaced in the city. All wireless telecommunication towers and antennas shall be designed and situated to be visually unobtrusive to minimize the impact upon the neighboring uses and shall conform to the following design and siting criteria.
(A) Setbacks. The minimum setback from any property line or public right-of-way for a wireless telecommunications tower is 30 feet unless abutting a residential district, then at least half the height of the tower. Where placed on a lot improved with a principal building, the wireless telecommunication tower shall be located only in the rear yard or interior side yards not abutting streets. Wireless telecommunication towers shall not be placed between the principal building and any street abutting the property. Setbacks for accessory equipment structures associated with wireless telecommunication towers and antennas shall meet the requirements as outlined in § 160.055(D) of this chapter.
(B) Accessory equipment structures. The base transceiver station and all other related equipment shall be housed in an existing building whenever possible. If an existing building is unavailable, a new accessory equipment building may be constructed according to State Building Code requirements and shall be of the same or better construction, design and appearance as any principal structure or adjacent buildings. If the equipment is to be housed in a weather-proof cabinetlike structure in lieu of a building, it shall be mounted upon a suitable concrete pad.
(C) Fencing. The wireless telecommunication antenna tower and/or accessory equipment structure shall be surrounded with an eight-foot fence so as to prevent unauthorized entry and access to the equipment building or tower. Barbed wire, razor wire or electrified fences shall not be permitted.
(D) Landscaping and screening. The wireless telecommunication tower and/or accessory equipment building shall be landscaped and screened with a mixture of six-foot tall evergreens and one and one-half inch caliper ornamental deciduous trees at a ratio of four evergreens per every one deciduous tree, spaced no less than eight feet apart on center so as to achieve at least a 50% opaque screen. Trees may be clustered to create a more natural appearance to the screening. In addition to these landscape requirements, wireless telecommunication towers and/or accessory equipment buildings located on city-owned land or in the CRP Zoning District shall include a mix of shrubbery and/or flowering perennials in order to enhance and complement the natural features and environmental value of the city’s parks and recreation areas. The landscaping plan shall be reviewed by the City Forester and approved by the City Council as part of a conditional use permit (CUP) or by the Director of Community Development and City Forester, if the wireless telecommunication tower or antennas is allowed as a permitted use. The City Council or Director of Community Development and City Forester, as applicable, may waive the landscaping and/or screening requirements upon request of the applicant if the existing landscaping and screening is deemed sufficient.
(E) Color. The wireless telecommunication tower and antenna shall be of a neutral color such as light grey or sky blue, except as dictated by the Federal Aviation Administration (FAA) and be designed to minimize visibility and to blend into the surrounding environment.
(F) Construction type and materials. The wireless telecommunication tower shall be of a monopole construction unless a variance is granted by the Board of Adjustment and Appeals. Guy-wired towers shall not be permitted. Metal towers shall be constructed of, or treated with, corrosive-resistant materials.
(G) Roof-mounted wireless telecommunication antennas. Roof-mounted wireless telecommunication antennas shall not be permitted on buildings with pitched-roofs, unless they are stealth antennas incorporated into upward thrusting architectural elements, such as a church steeple, spire or belltower, smokestack and the like. On flat roofs, the height of the antennas and mounting hardware may not be more than ten feet above the highest point of the roof to which the antennas is attached.
(H) Structurally-mounted wireless telecommuni- cations antennas. Telecommunication antennas mounted upon sides of buildings shall be attached flush against building side, not to protrude more than the depth of the antennas. Structurally mounted antennas not affixed to towers shall be made to blend into the design and contours of the structure, unless roof-mounted in accordance with division (G) above.
(I) Prevention of radiation. Wireless telecommunication antennas shall be subject to state and federal regulations regarding non-ionizing radiation and other health hazards related to such facilities. If the federal government adopts new, more restrictive standards, the antennas shall be made to comply or the antenna shall be removed by the owner or the city at the tower owner’s expense. The owner or operator of the tower shall pay any associated costs of compliance verification.
(J) Lights. No wireless telecommunication tower or antenna shall have affixed or attached to it in any way except during time of repair or installation, any lights, reflectors, flashers, day-time strobes or steady night time light or other illumination devices, except as required by the Federal Aviation Agency, the Federal Communications Commission or the city. This restriction against lights shall not apply to towers which have been combined with light standards for illumination of ball fields, parking lots, playgrounds or other similar public uses, as provided in § 160.397(B) of this chapter for city-owned land and CRP Districts.
(K) Signs and advertising. The use of any portion of a tower for signs or advertising, other than required warning signs, shall be prohibited.
(L) Other attachments. No antennas or tower shall have constructed thereon, or attached thereto, any platform, catwalk, crows’ nest or like structure for the purpose of human support, except during periods of construction or repair.
(M) Interference with public safety telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications.
(Prior Code, § 1124.05) (Ord. 588, passed 02-10-1997; Ord. 793, passed 01-30-2008)
§ 160.400 PROCEDURAL REQUIREMENTS.
(A) Conditional use permit requirements. Applicants proposing to erect wireless telecommunication towers and/or antennas that require a conditional use permit (CUP) as outlined in § 160.397(B) of this chapter, shall provide at the time of application the following information:
(1) A notarized document from the property owner or lessor that allows the applicant to apply for a CUP and building permit to erect a wireless telecommunication tower and/or antenna;
(2) Demonstration of need, in accordance with § 160.400(C) of this chapter;
(3) A site plan which shows property lines, location of wireless telecommunication tower or antennas, setback distances, any accessory equipment structure, fencing and landscaping proposed;
(4) Sufficient information to show that construction, installation and maintenance of the wireless telecommunication tower and/or antenna will not create a safety hazard or damage to the property of other persons;
(5) Proof of insurance, in accordance with division (D) below; and
(6) Any other information necessary for the city to evaluate the CUP.
(B) Building permits.
(1) Applicants proposing to erect wireless telecommunication towers and/or antennas shall obtain a building permit. The towers and antennas are subject to inspection by the city’s Building Official to determine compliance with State Building Code construction standards. No building permit shall be issued by the city without prior approval of a CUP by the City Council if applicable. When no CUP is required, the applicant shall provide to the city all information as required by division (A) above at the time of application for building permits, in addition to that required by this division (B)(1). Building permits shall not be required for the repair, replacement, adjustment and/or alteration of the elements of antenna arrays if the work does not reduce acceptable safety standards.
(2) A report and plan from a qualified and registered engineer or firm that specifies and includes the following:
(a) The tower height and design including a cross-section and elevation;
(b) The height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
(c) The capacity of the tower, including the number and type of antennas that the tower can accommodate;
(d) The steps that the applicant will take to avoid interference with established public safety telecommunications; and
(e) An engineer’s stamp and registration number.
(C) Demonstration of need. The applicant shall provide a diagram showing the cell site configuration illustrating the coverage area of the proposed wireless telecommunication tower and/or antennas. This diagram shall demonstrate the frequency re-use and spacing needs of the wireless system in order to provide adequate coverage and capacity to areas that cannot be adequately served by locating the antenna on an existing structure.
(D) Proof of insurance. The applicant shall provide the city with proof of liability insurance which protects against losses due to personal injury or property damage resulting from the construction or collapse of the tower, antennas or accessory equipment. The proof shall be supplied to the city by the wireless telecommunication tower owner or lessee at the time of application and shall be made available to the city from time to time upon its request.
(E) Removal of abandoned or damaged towers. Any wireless telecommunication tower and/or antennas that is not used for one year shall be deemed abandoned and the property owner shall remove the tower and/or antennas in the same manner and pursuant to the same procedures as for dangerous or unsafe structures established by M.S. §§ 463.15 through 463.26, as they may be amended from time to time. If the owner fails to remove the tower and/or antenna after one year, it may be removed by the city with the costs of the removal assessed against the property owner of the tower site.
(F) Violations. Deviations from the approved construction plans and CUP is a misdemeanor, punishable as provided in § 10.999 of this code of ordinances.
(Prior Code, § 1124.06) (Ord. 588, passed 02-10-1997) Penalty, see § 160.999
§ 160.401 NON-CONFORMING WIRELESS TELECOMMUNICATION ANTENNAS AND TOWERS.
Wireless telecommunication antennas and towers in existence as of the date of enactment of this chapter that do not meet or comply with the provisions of this chapter are subject to the following.
(A) Existing towers may continue in use for their existing purpose, but may not be replaced or structurally altered to an extent exceeding 10% of the tower’s fair market value, as determined by the city, without meeting all standards in this chapter. In no event shall any alteration have the effect of increasing or intensifying the level or extent of a tower’s non-conformity. Alterations shall be subject to § 160.400(B) of this chapter.
(B) If the tower is damaged or destroyed to the extent of 50% or more of its fair market value, as determined by the city, due to any reason or cause whatsoever, the owner of the tower may choose to rebuild or remove the tower. In either case, the tower owner shall have one year in which to obtain a building permit from the city and to complete the necessary work. If the owner chooses to rebuild the tower, the tower as reconstructed shall conform to all current and applicable regulations as specified by this code. If a tower is damaged to an extent of less than 50% of its fair market value, the tower owner shall have one year in which to obtain a building permit from the city and to repair or restore the tower to its former size, height and use. The location and physical dimensions shall remain as they were prior to the damage or destruction. If the tower is not repaired or restored within one year from the date of the damage, the ability to repair or restore the tower shall lapse and may not be exercised, upon which time the tower shall be deemed abandoned.
(C) Any tower and/or antenna that is not used for one year shall be deemed abandoned and the property owner shall remove the tower and/or antennas in the same manner and pursuant to the same procedures as for dangerous or unsafe structures established by M.S. §§ 463.15 through 463.26, as they may be amended from time to time. If the owner fails to remove the tower and/or antenna after one year, it may be removed by the city with the costs of the removal assessed against the owner of the tower site.
(Prior Code, § 1124.07) (Ord. 588, passed 02-10-1997)