The purpose of this Chapter is to establish predictable and balanced regulations for the siting and screening of towers and communications equipment while protecting the public health, safety, and general welfare of the community.

The provisions of the Chapter are intended to maximize the use of existing and approved towers, structures, and buildings to accommodate new wireless telecommunication antennas while minimizing the number of towers needed to serve the community.

(Ord. No. 2022-10, § 15, 8/16/2022)

The following standards shall apply to all cellular telephone, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish, short-wave radio transmitting and receiving antennas, and other personal wireless service antennas. Wireless telecommunication facilities located in public rights-of-way are exempt from this Section, except otherwise specifically provided by this Chapter.

Subd. 1.

All abandoned, obsolete or unused towers, antennas, foundations, supports, and related facilities shall be removed within 12 months of cessation of operation at the site, unless an exemption is granted by the Zoning Administrator. Upon removal, the site shall be restored to its original state or to an improved state. Towers, antennas, and related facilities not removed within 12 months of cessation of operation may be removed by the City. In such case, the costs of removal and site restoration shall be assessed against the property.

Subd. 2.

All antennas shall comply with City building and electrical code requirements and as applicable shall require related permits.

Subd. 3.

Structural design, mounting and installation of the antenna shall comply with manufacturer's specifications and as may be necessary, as determined by the Zoning Administrator, shall be verified and approved by a professional engineer.

Subd. 4.

When applicable, written authorization for antenna installation shall be provided by the property owner.

Subd. 5.

No advertising message shall be affixed to the antenna structure or tower.

Subd. 6.

The height of the antenna shall be the minimum necessary to function satisfactorily, as verified by an electrical engineer or other appropriate professional.

Subd. 7.

Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety.

Subd. 8.

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

Subd. 9.

If a new tower is to be constructed, it shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user, including but not limited to other cellular communication companies, local police, fire and ambulance companies. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. A pole or tower that is integrated into an existing or proposed structure, such as a light pole, power line support device, or similar structure is exempt from this provision.

Subd. 10.

Towers shall be painted a non-contrasting color consistent with the surrounding area such as: blue, gray, brown, or silver, or have a galvanized finish to reduce visual impact.

Subd. 11.

Except as may be applicable in cases where a conditional use permit is required, antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service are exempt from Subdivisions 3, 6, and 9 above and Section 21175.03, and must comply with Subd. 12 below.

Subd. 12.

Amateur radio towers must be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of 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.

Subd. 13.

All towers shall be reasonably protected to prevent unauthorized climbing.

(Amended by Ord. No. 2000-08, 02/29/2000; Ord. No. 2022-10, § 15, 8/16/2022; Ord. No. 2025-02, § 23, 3/25/2025)

All proposed or modified towers and antennas (including antenna cables) shall be designed to blend into the surrounding environment to the extent possible, as determined by the City, through the use of building materials, colors, texture, screening, landscaping, and other camouflaging architectural treatment, unless the color is otherwise dictated by the Federal Aviation Administration or other federal or state authorities.

Subd. 1.

Towers.

(a)

Wireless communication towers shall be of a monopole design unless the City Council determines that an alternative design requested by the applicant would better blend into the surrounding environment. This provision does not apply to amateur radio towers or commercial and public radio or television towers.

(b)

If a new tower is to be constructed, it shall be designed structurally, electronically, and in all other respects, to accommodate both the applicant's antennas and comparable antennas for: at least one additional user if the tower would be 75- to 100-feet high; or at least two additional users if the tower would be over 100-feet high. The additional users may include, but are not limited to, other cellular communication companies, police, fire, and ambulance services. Towers shall be designed to allow for future rearrangement of antennas and to accept antennas mounted at various heights. A pole or tower that is integrated into an existing or proposed structure, such as a light standard, power pole, or similar structure is exempt from this provision.

(c)

New towers shall be located on City-owned property unless the Zoning Administrator finds that there is no acceptable City-owned property in the necessary area, or the City declines the use of City property.

(d)

Extension over public right-of-way is prohibited. Except for necessary electric or telephone service connection lines approved by the City, and except for public utility towers that support wireless antennas that conform to this Code pursuant to a lease or master agreement with the City, no part of any tower, antenna, brace, cable, wire, or related facilities shall extend across or over any right-of-way, public street, highway, sidewalk, or property line.

(e)

All towers shall be designed to comply with accepted electrical engineering methods and practices and with the National Electrical Code.

(f)

All towers shall be constructed to comply with requirements of the Occupational Safety and Health Administration.

(g)

All towers shall be constructed of corrosive-resistant metal material.

(h)

Communication tower owners shall maintain a general liability insurance policy that provides coverage from any damage to property or injuries to person caused by collapse or failure of the tower. Said insurance policy shall provide coverage on an occurrence basis in an amount not less than $1,000,000.00.

Subd. 2.

Antennas. The applicant shall demonstrate by via a coverage or capacity analysis prepared by a professional engineer that the proposed antennas are necessary to meet the frequency reuse and spacing needs of the personal wireless service system and to provide adequate wireless coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive zoning district.

Subd. 3.

Related Facilities (accessory equipment, utility buildings, etc.).

(a)

All related facilities shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements for accessory structures of the underlying zoning district.

(b)

Ground-mounted equipment shall be screened except where a design of non-vegetative screening would better reflect and complement the architectural character of the surrounding neighborhood.

(c)

Transmitting, receiving, and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving, or switching equipment, it shall be located in the rear or side yard of the principal use and shall be screened from view by landscaping where appropriate.

(Ord. No. 2022-10, § 15, 8/16/2022)

A proposal for a new personal wireless service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, building, or structure within a one mile search radius of the proposed tower due to one or more of the following reasons:

Subd. 1.

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

Subd. 2.

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

Subd. 3.

Existing or approved towers, buildings, or structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

Subd. 4.

Other unforeseen reasons that make it unfeasible to locate the antennas upon an existing or approved tower or structure.

Subd. 5.

Existing or approved towers, buildings, or other structures do not exist in the service area, or do not meet the needs of the user. Documentation shall be provided at the time of application clearly demonstrating why existing structures do not meet the needs of the users.

Subd. 6.

The applicant shall demonstrate that a good faith effort to co-locate on existing towers or structures was made, but an agreement could not be reached.

(Ord. No. 2022-10, § 15, 8/16/2022)

All towers and accessory equipment shall comply with each of the minimum setback requirements:

Subd. 1.

Towers and accessory equipment shall meet the setbacks of the underlying zoning district with the exception of industrial zoning districts, where the tower may encroach into the rear setback area, provided that the rear property line abuts another industrial zoning district and the tower does not encroach upon any easements.

Subd. 2.

The setback for a tower or accessory equipment may be reduced or its location in relation to a public street varied, at the discretion of the City, to allow the integration of the structure into an existing or proposed structure, such as a light standard, power line support device, or similar structure.

(Amended by Ord. No. 2000-08, 02/29/2000)

Towers in residential zoning districts are subject to the following restrictions:

(a)

Towers supporting amateur radio antennas that conform to all applicable provisions of this Code shall be allowed in rear yards only of residentially zoned properties.

(b)

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

(1)

Religious institution sites;

(2)

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

(3)

Apartment sites; and

(4)

Government, school, utility, or institutional sites.

(c)

Public utility towers supporting wireless antennas that conform 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.

(d)

Not more than one tower shall exist at any one time on a residential parcel, unless additional towers or antennas are incorporated into existing structures such as steeples, light poles, power poles, or similar structures. This provision shall not apply to public utility towers supporting wireless antennas that conform to all provisions of this Code located in public rights-of-way or within drainage and utility easements adjacent to public rights-of-way that are allowed pursuant to a lease or master agreement with the City.

(Ord. No. 2022-10, § 15, 8/16/2022)

Editor's note— Ord. No. 2022-10, § 15, adopted Aug. 16, 2022, renumbered the former §§ 21175.06—21175.10 as § 21175.07—21175.11 and enacted a new § 21175.06 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

The following standards shall apply to all accessory and secondary use antennas including radio and television receiving antennas, satellite dishes, TVROs 2 meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers.

Subd. 1.

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 3 feet from all lot lines.

Subd. 2.

Guy wires or guy wire anchors, either above or below ground, shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of 1 foot from all lot lines.

Subd. 3.

Accessory or secondary use antennas and necessary support structures or towers may extend a maximum of 15 feet above the normal height restriction for the affected zoning district, except support structures and antennas used in amateur radio service may extend a maximum of 2 times the normal height restriction for the affected zoning district.

Subd. 4.

The installation of more than 1 tower per property shall require the approval of a conditional use permit.

(Ord. No. 2022-10, § 15, 8/16/2022)

Editor's note— See editor's note to § 21175.06.

Subd. 1.

Residential District and Public/Institutional District Standards.

(a)

Antennas Located Upon An Existing Structure or Existing Tower: Personal wireless service antennas located upon an existing structure or existing tower shall require the processing of an administrative permit and shall comply with the following standards:

(1)

The applicant shall demonstrate by providing a coverage or capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the personal wireless service system and to provide adequate wireless coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive zoning district.

(2)

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear or side yard of the principal use and shall be screened from view by landscaping where appropriate.

(3)

An administrative permit is issued in compliance with the provisions of Section 21025 of this Chapter.

(4)

The maximum height for antennas to be placed upon an existing structure (includes buildings and light standards) shall be regulated by Section 21115.02, Subd. 1 of this Chapter.

(5)

Antennas mounted upon an existing high voltage transmission tower shall not extend more than 20 feet above such high voltage transmission tower.

(6)

There is no maximum height limitation for antennas to be co-located upon an existing wireless communication tower, provided the height of such existing tower is not increased.

(b)

Antennas Not Located Upon An Existing Structure or Existing Tower: Personal wireless service antennas not located upon an existing structure or existing tower (includes replacement of an existing light standard for purposes of supporting the antennas) shall require the processing of a conditional use permit and shall comply with the following standards:

(1)

The applicant shall demonstrate by providing a coverage or capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the wireless system and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district.

(2)

If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a new monopole tower provided that:

a.

The antennas and monopole does not exceed 75 feet in height.

b.

The setback of the antennas and monopole from the nearest residential structure is not less than the height of the antennas and monopole. Exceptions to such setback may be granted if a structural engineer licensed in the State of Minnesota specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.

(3)

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear or side yard of the principal use and shall be screened from view by landscaping where appropriate.

(4)

At the discretion of the City, a security fence not greater than 8 feet in height with a maximum opacity of 50 percent shall be provided around the support structure.

(5)

The conditional use permit provisions of Section 21015 of this Chapter are considered and determined to be satisfied.

(c)

Temporary Mobile Towers: Existing personal wireless service antennas located in the Public/Institutional District may be located upon a temporary mobile tower on a temporary basis (e.g., in conjunction with repainting of a water tower) and shall comply with the following standards:

1.

Temporary mobile towers are exempt from co-location and permanent tower structure design standards contained in this Chapter.

2.

Temporary mobile towers that would be located on a site longer than 120 days shall require the processing of an Administrative Permit.

3.

Guyed towers are prohibited.

4.

Mobile units shall have a minimum tower design windload of 80 miles-per-hour, or shall be set back from all structures a distance equal to the height of the tower.

5.

The height of the tower shall not exceed 90 feet.

Subd. 2.

Commercial or Business District Standards.

(a)

Antennas Located Upon An Existing Structure or Existing Tower: Personal wireless service antennas located upon an existing structure or co-located on an existing tower shall require the processing of an administrative permit.

(1)

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear or side yard of the principal use and shall be screened from view by landscaping where appropriate.

(2)

An administrative permit is issued in compliance with the provisions of Section 21025 of this Chapter and the following standards.

a.

Antennas mounted on public structures shall not extend more than 15 feet above the height of the structure to which they are attached.

b.

Building-mounted antennas shall not extend more than 10 feet above the roof, and shall be set back at least 5 feet from the roof edge.

c.

Wall or facade mounted antennas may not extend more than 5 feet above the cornice line and must be constructed of a material or color which matches the exterior of the building.

d.

Antennas mounted upon an existing high voltage transmission tower shall not extend more than 20 feet above such high voltage transmission tower.

e.

There is no maximum height limitation for antennas to be co-located upon an existing wireless communication tower, provided the height of such existing tower is not increased.

(b)

Antennas Not Located Upon An Existing Structure or Existing Tower: Personal wireless service antennas not located upon an existing structure (includes replacement of an existing light standard for purposes of supporting the antennas) shall require the processing of a conditional use permit and shall comply with the following standards:

(1)

The applicant shall demonstrate by providing a coverage or capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the wireless system and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive zoning district.

(2)

If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a new monopole tower provided that:

a.

The antennas and monopole does not exceed 75 feet in height.

b.

The setback of the antennas and monopole from the nearest residential structure is not less than the height of the antennas and monopole. Exceptions to such setback may be granted if a structural engineer licensed in the State of Minnesota specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances.

(3)

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear or side yard of the principal use and shall be screened from view by landscaping where appropriate.

(4)

At the discretion of the City, a security fence not greater than 8 feet in height with a maximum opacity of 50 percent shall be provided around the support structure.

(5)

The conditional use permit provisions of Section 21015 of this Chapter are considered and determined to be satisfied.

(c)

Temporary Mobile Towers: Personal wireless service antennas located upon a temporary mobile tower used on an interim basis until a permanent site is constructed shall require the processing of an administrative permit and shall comply with the following standards:

1.

Temporary mobile towers are exempt from co-location and permanent tower structure design standards contained in Section 21175.02. Subd. 9 and Subd. 10, Section 21175.03, and Section 21175.10.

2.

Temporary mobile towers shall require an administrative permit. The permit application shall provide the time frame requested, and a tower located on a site longer than 120 days shall require approval from the Zoning Administrator.

3.

Guyed towers are prohibited.

4.

Mobile units shall have a minimum tower design wind load of 80 miles-per-hour, or shall be set back from all structures a distance equal to the height of the tower.

5.

The height of the tower shall not exceed 90 feet.

Subd. 3.

Industrial District Standards.

(a)

Antennas Located Upon An Existing Structure or Existing Tower: Personal wireless service antennas located upon an existing structure or co-located on an existing tower shall require the processing of an administrative permit and shall comply with the following standards:

1.

An administrative permit is issued in compliance with the provisions of Section 21025 of this Chapter.

2.

Building-mounted antennas shall not extend more than 10 feet above the roof, and shall be set back at least 5 feet from the roof edge.

3.

Wall or facade mounted antennas may not extend more than 5 feet above the cornice line and must be constructed of a material or color which matches the exterior of the building.

4.

Antennas mounted upon an existing high voltage transmission tower shall not extend more than 20 feet above such high voltage transmission tower.

5.

There is no maximum height limitation for antennas to be co-located upon an existing wireless communication tower, provided the height of such existing tower is not increased.

(b)

Antennas Not Located Upon An Existing Structure or Existing Tower: Personal wireless service antennas not located upon an existing structure or tower shall require the processing of an administrative permit and shall comply with the following standards:

(1)

If there is no existing structure which meets the height requirements for mounting the antennas, the antennas may be mounted upon a monopole tower not exceeding 100 feet in height, except as may be authorized by conditional use permit pursuant to Section 21115.02, Subd. 2 of this Chapter. The tower shall be located on a parcel having a dimension equal to the height of the tower measured between the base of the tower located nearest the property line and said property line, unless a structural engineer licensed in the State of Minnesota specifies in writing that the collapse of the tower will occur within a lesser distance under all foreseeable circumstances.

(2)

An administrative permit is issued in compliance with the provisions of this Section and Section 21025 of this Chapter.

(c)

Temporary Mobile Towers: Personal wireless service antennas located upon a temporary mobile tower used on an interim basis until a permanent site is constructed shall require the processing of an administrative permit and shall comply with the following standards:

1.

Temporary mobile towers are exempt from co-location and permanent tower structure design standards contained in Section 21175.02. Subd. 9 and Subd. 10, Section 21175.03, and Section 21175.10.

2.

Temporary mobile towers shall require an administrative permit. The permit application shall provide the time frame requested, and a tower located on a site longer than 120 days shall require approval from the Zoning Administrator.

3.

Guyed towers are prohibited.

4.

Mobile units shall have a minimum tower design wind load of 80 miles-per-hour, or shall be set back from all structures a distance equal to the height of the tower.

5.

The height of the tower shall not exceed 90 feet.

(Amended by Ord. No. 2000-08, 02/29/2000; Ord. No. 2009-07, 05/12/2009; Ord. No. 2011-05, 02/22/2011; Ord. No. 2019-01, 02/12/2019; Ord. No. 2022-10, § 15, 8/16/2022; Ord. No. 2025-02, § 24, 3/25/2025)

Editor's note— See editor's note to § 21175.06.

Subd. 1.

Residential District and Public/Institutional District Standards. Single satellite dish TVROs greater than 1 meter in diameter may be allowed as a conditional use within the residential zoning districts of the City and shall comply with the following standards:

(a)

All accessory and secondary use provisions of Sections 21175.02 and 21175.06 of this Chapter are satisfactorily met.

(b)

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.

(c)

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 satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window.

(d)

The satellite dish antenna is not greater than 3 meters in diameter.

(e)

The conditional use permit provisions of Section 21015 of this Chapter are considered and determined to be satisfied.

Subd. 2.

Business District Standards. Satellite dish antennas within business districts of the City shall be limited to those listed as permitted accessory and secondary uses in the applicable zoning district subject to the provisions of Sections 21175.02 and 21175.06 of this Chapter.

Subd. 3.

Industrial District Standards. Commercial, private and public satellite dish transmitting or receiving antennas in excess of 2 meters may be allowed as a conditional use within industrial districts of the City and shall comply with the following standards:

(a)

All accessory and secondary use provisions of Sections 21175.02 and 21175.06 of this Chapter are satisfactorily met.

(b)

The lot on which the satellite dish 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)

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 satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window.

(d)

The conditional use permit provisions of Section 21015 of this Chapter are considered and determined to be satisfied.

(Ord. No. 2022-10, § 15, 8/16/2022)

Editor's note— See editor's note to § 21175.06.

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

Subd. 1.

Such antenna shall be considered an allowed conditional use within an Industrial District and the Public/Institutional District as provided by each district of the City and shall be subject to the regulations and requirements of Section 21015 of this Chapter.

Subd. 2.

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, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances.

Subd. 3.

Unless the antenna is mounted on an existing structure, at the discretion of the City, a fence not greater than 8 feet in height with a maximum opacity of 50 percent shall be provided around the support structure and other equipment.

(Ord. No. 2022-10, § 15, 8/16/2022)

Editor's note— See editor's note to § 21175.06.

In addition to the information required elsewhere in this Chapter, development applications for towers, excluding amateur radio towers, and for antennas and related equipment shall include the following supplemental information:

Subd. 1.

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.

Subd. 2.

A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associate facilities when they are abandoned, unused or become hazardous shall be submitted to the City.

Subd. 3.

A statement indicating whether battery backup power will be provided, and if so, the applicable Material Safety Data Sheets shall be provided.

(Amended by Ord. No. 2008-09, 03/25/2008; Ord. No. 2022-10, § 15, 8/16/2022)

Editor's note— See editor's note to § 21175.06.