The following sections set forth standards for uses or structures applicable in all zoning districts.

(Ord. No. 23-14, § 3, 11-14-2023)

Every building erected after the adoption of this chapter from which this chapter is derived shall be located on a lot, as defined herein and in no case shall there be more than one principal building on any one lot, except as may otherwise be provided herein.

(Ord. No. 23-14, § 3, 11-14-2023)

No structures shall be constructed or erected on an outlot other than signs or fences.

(Ord. No. 23-14, § 3, 11-14-2023)

No private buildings (principal or accessory), temporary or permanent structures, or uses may be located in, on, or over any public drainage and/or utility easements, except fences, driveways, parking lots, or easily-movable structures that do not impede the flow of water and do not have permanent foundations as described elsewhere in this chapter and as determined by the city engineer; and public or quasi-public utilities or facilities regulated by city franchise or other provisions of the City Code. The items constructed within an easement are subject to removal at the property owner's expense in the event work on the utilities in the easement is needed.

(Ord. No. 23-14, § 3, 11-14-2023)

All developments must provide adequate infrastructure suitable for the anticipated traffic, pedestrian circulation, and utility needs of the use. The city is authorized to require any necessary upgrades of adjacent and area public roadways and utilities directly related and proportional to a proposed development. Examples of such improvements are, but not limited to, construction or striping of turn lanes, installing or upgrading utilities, installing sidewalks, and/or installing street lights. All such expenses are the responsibility of the property owner of the proposed development.

(Ord. No. 23-14, § 3, 11-14-2023)

(a)

All new principal structures within the Metropolitan Urban Services Area (MUSA) as designated on the current comprehensive plan must be connected to municipal sanitary sewer and water.

(b)

For an undeveloped parcel within an urbanized zoning district that is not directly serviced by municipal sanitary sewer and water, reasonable efforts must be made to extend sanitary sewer and/or water mains to the site prior to constructing a principal structure. This may be accomplished by developer utility construction or by an assessment agreement. If it is not reasonably feasible to extend sanitary sewer and/or water mains, a building permit may be issued with private systems.

(c)

In areas of the city outside of the current Metropolitan Urban Services Area (MUSA) where municipal water mains are located, the owner of a property directly adjacent may petition the city council for a water connection in the event an existing well becomes inoperable or contaminated. In no case shall the property be considered for rezoning to an urbanized district.

(Ord. No. 23-14, § 3, 11-14-2023)

All buildings constructed after the adoption date of this chapter shall be served by undergrounded utilities (natural gas, electric, cable, telephone, etc.) extending from the public right-of-way to the building.

(Ord. No. 23-14, § 3, 11-14-2023)

Construction trailers and field offices may only be placed and used in conjunction with an active building, utility, or grading permit onsite. The construction trailer/field office must be removed within two weeks of the building obtaining a certificate of occupancy or the grading and utility work completed.

(Ord. No. 23-14, § 3, 11-14-2023)

The purpose of this section is to provide regulations to balance lighting needs for visibility and personal and property safety with the negative impacts of off-site light spill-over.

(1)

Wall lighting may be used to illuminate the pedestrian walkways, entrance areas, loading docks, and yard areas within 20 feet of the building. No wall lighting may be used exclusively to illuminate areas for motor vehicle parking or access.

(2)

Architectural lighting, including LED or neon banding, must be mounted on the building or canopy. Architectural lighting directed upward onto the building façade is permitted provided no glare or light pollution are produced. LED banding must use colored tube shielding for a continuous appearance.

(3)

Free-standing and wall-mounted luminaire regulations:

a.

Height maximums, including the base and support structure, are limited as follows:

1.

Farther than 200 feet from any residential use or mixed-use property containing residential uses: 30 feet.

2.

Within 200 feet of any residential use or mixed-use property containing residential uses: 20 feet.

b.

Cut-off angles must be equal to or less than 90 degrees.

c.

Ballfield, stadium, or outdoor recreation lighting is exempt from the height and cut-off angle requirements in this section though the design shall constitute the absolute minimum height necessary to light the area and must provide shielding to reduce off-field light spill.

(4)

Lighting intensity must adhere to the following table:

* Except along a common property line in areas where a shared parking agreement is in place.

(5)

Exterior lighting must be operational when a business is open or employees are on site.

(6)

Glare. All lighting must be arranged so as not to produce glare. All properties must be in compliance with the following:

a.

All light sources must be controlled and equipped with lenses, louvers, shields, or prismatic control devices designed to prevent off-site views of the light source.

b.

No flickering or flashing lights except those associated with public safety activities may be permitted.

c.

Light sources that are integrated into a canopy must be designed to be recessed and flush with the ceiling of the canopy, and equipped with a flat lens surface.

d.

Residential single-family and townhome uses may have wall-mounted lighting with exposed light sources provided glare is not produced from off-site views.

(7)

Compliance. Any new lighting installed after the effective date of this chapter must be in compliance with the requirements of this chapter. Any lighting in existence before the effective date of this chapter that does not comply with its requirements may be considered legally nonconforming and may be allowed to continue in compliance with section 106-140. Lighting may be required to be upgraded, wholly or in part, due to a request for a site plan review, conditional use permit, interim use permit, variance, or plat.

(8)

Seasonal decorative lighting and landscape lighting are not regulated by this section.

(Ord. No. 23-14, § 3, 11-14-2023; Ord. No. 24-10, § 2, 7-23-2024)

The owners of a corner lot may elect to access the principal building on either street that the lot abuts. In cases of lots with more than one street frontage, the city shall determine which street the building fronts and accesses. In cases where one of the streets is a county, state or MSA street, the lot shall access on the other street. Where any such election is manifestly contrary to the established character or welfare of the neighborhood, the request shall be referred to the city council for approval or disapproval.

(Ord. No. 23-14, § 3, 11-14-2023)

A vision clearance triangle shall be established at each intersection corner in order to provide adequate site distance. The vision triangle shall be formed by creating a third leg that connects the ends of two legs that are in line with the face of the existing curbs. On streets which have a stop condition the length of the leg shall be 25 feet from the nearest face of the curb on the cross street being approached and shall be 50 feet for streets without stop conditions. The vision triangle shall also apply at alleys and at commercial driveways with the leg distance of 25 feet. The vision triangle shall be three dimensional and shall extend from 30 inches to nine feet above the top of curb. Where the wording herein refers to horizontal measurement from the face of curb and no curb exists, the edge of pavement shall be used instead. Where the wording herein refers to vertical measurement from top of curb and no curb exists, the measurement shall begin six inches above the pavement. The vision clearance triangle shall contain no fence, structure, earth bank hedge, planting, wall or other sight obstruction. The following are exempted: Utility poles, fire hydrants, traffic signals and signs, trees trimmed to the trunk, and plant species of open growth habit that are not planted in the form of a hedge and which are planted and trimmed as to leave an unobstructed view in all seasons. There shall be no parking allowed along the curbs within the vision triangle. Construction of new buildings or new additions to existing buildings that extend into the vision triangle shall not be permitted. Existing buildings shall not be considered an obstruction under the terms of this division. The city engineer may waive this provision where the natural contour of the ground is such that there can be no cross visibility at the intersection. Landscaping with the vision clearance triangle that is in existence prior to the date of adoption of the ordinance from which this division is derived shall be viewed on a case-by-case basis to determine whether these landscaping elements are in compliance with this division. The public works committee shall render the final decision on such determinations.

(Ord. No. 23-14, § 3, 11-14-2023)

Standard regularity stop signs are required at all driveway exits to public streets, except for single-family, two-family, and townhome residential driveways. Other signs may be required as part of the site plan review process.

(Ord. No. 23-14, § 3, 11-14-2023)

Walkways. All business, industrial, multi-family residential, and public/quasi-public structures on parcels abutting sidewalks or multi-use trails in the public right-of-way shall provide a pedestrian connection between the sidewalk or trail and the main entrance to the building. The walkway shall be as direct as possible minimizing driveway and parking lot crossings.

(Ord. No. 23-14, § 3, 11-14-2023)

Outdoor dining areas and patios accessory to restaurants/brew pubs, brewery taprooms, and distillery cocktail rooms have the following standards:

(1)

The seating must be located on the same parcel as the principal use.

(2)

The outdoor seating area shall be defined with the use of landscaping, temporary fencing, or other means that contains the tables and chairs for the use.

(3)

Patrons shall access the outdoor seating area through the main entrance or host station.

(4)

All exterior sound equipment shall be shut off at 10:00 p.m.

(Ord. No. 23-14, § 3, 11-14-2023)

Purpose and intent. The purpose and intent of this section is to establish standards and procedures by which the installation and operation of alternative energy systems shall be governed within the city. The city finds that it is in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community.

(Ord. No. 23-14, § 3, 11-14-2023)

The following standards are intended to facilitate the provisions for WECS to the residents and businesses of the city; minimize adverse visual effects of wind towers, turbines, and generators through careful design and site selection standards; and avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements:

(1)

Location. WECS units shall not be allowed in the Critical River, Wild and Scenic River, and Shoreland Overlay Districts, except for micro-scale WECS provided that it does not violate the maximum structure height of the overlay district.

(2)

Bulk standards.

a.

General requirements. No part of the WECS, equipment, guyed wires, blades, or braces shall at any time extend across or over any part of the public right-of-way, public street, highway, sidewalk, or recreation trail.

b.

Setback. All small scale WECS and medium scale WECS units shall maintain a minimum setback of 1.5 times the height of the tower. In addition, WECS units in any residential district must maintain a minimum setback of 1,000 feet from any principal dwelling unit on adjacent parcels. Setbacks shall be measured from the center of the WECS tower to the nearest property line.

c.

Height. Height for any WECS shall be:

1.

WECS, small-scale. A WECS with a height no greater than 50 feet tall, including the blade.

2.

WECS, medium-scale. A WECS with a height between 50 feet and 100 feet tall, including the blade.

3.

A micro-scale WECS is limited to 25 feet taller than the structure to which it is mounted and can be no taller than the maximum building height of the underlying zoning district.

d.

Blade clearance. Any WECS blade shall maintain a minimum ground clearance of 30 feet.

e.

Restricted climbing apparatus. Any WECS tower shall be designed to have removable climbing apparatuses a minimum of 25 feet from the ground. All climbing apparatus within 25 feet of the ground must be removed when not being serviced.

f.

Site location in residential districts. A WECS may only be located in the rear yard in the residential districts.

(3)

Design standards. A proposed or modified WECS shall meet the following minimum design standards.

a.

Tower design. Any WECS shall be of a monopole design unless the city council determines that an alternative design is preferred in cases where structural or design considerations, neighborhood compatibility, or location availability is better suited with an alternate design.

b.

Architectural design. Any WECS shall be designed to blend into the surrounding environment through the use of color and design, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

1.

Architectural design standards are subject to final zoning administrator approval.

2.

A zoning administrator may deny a WECS if it determines the design standards are incompatible with the surrounding area.

(4)

Co-location requirements. Whenever possible, the city encourages co-location of wireless telecommunication facilities on a WECS.

(5)

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

(6)

Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(7)

Accessory utility buildings. All utility buildings and structures accessory to a WECS shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood, as determined by the city council.

(8)

Abandoned or unused WECS or portions of a WECS. All abandoned or unused WECS and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city council. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application.

(Ord. No. 23-14, § 3, 11-14-2023; Ord. No. 24-10, § 2, 7-23-2024)

In all districts, solar energy systems shall be permitted as an accessory use in accordance with the standards in this section.

(1)

Exemptions. Passive or building-integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element.

(2)

Standards.

a.

Wall-mounted or roof-mounted systems.

1.

Building-mounted solar energy systems shall not extend beyond the perimeter of the building on which the system is mounted unless the mounting system has been explicitly engineered to safely extend beyond the edge.

2.

Building-mounted solar energy systems shall be included with the maximum allowable building height for the applicable zoning district.

b.

Ground-mounted systems

1.

Ground-mounted solar energy systems shall be located on any property such that the distance to the closest property boundary is at least equal to the height of the solar energy system at its maximum designed tilt.

2.

In residential districts, front, side, and rear yard setbacks for ground-mounted solar energy systems shall be in accordance with accessory building setbacks.

3.

In business districts, ground-mounted solar energy systems may be permitted in any yard.

4.

Glare. The panels of ground mounted solar energy systems shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties or roadways.

5.

Solar canopies over parking lots, loading areas, or outdoor storage areas are permitted to have the same setbacks as the parking lot, loading area, or outdoor storage area below.

(3)

Feeder lines. The electrical collection system shall be placed underground within the interior of each property. The collection system may be placed overhead near substations or points of interconnection to the electric grid.

(Ord. No. 23-14, § 3, 11-14-2023)

In all districts, ground source heat pump systems shall be permitted as an accessory use in accordance with the standards in this section.

(1)

System requirements. Only closed loop ground source heat pump systems utilizing heat transfer fluids are permitted. Open loop ground source heat pump systems are not permitted.

(2)

Setbacks.

a.

All components of ground source heat pump systems including pumps, borings, and loops shall be set back at least five feet from any property boundary.

b.

Above ground equipment associated with the ground source heat pump system shall meet all required accessory structure setbacks for the applicable zoning district.

c.

The loop field of a ground source heat pump system shall be no closer than five feet from the water main line.

(Ord. No. 23-14, § 3, 11-14-2023)

(a)

Exterior solid fuel-fired heating devices shall be located at least 75 feet from any property line and shall not be located in the front yard.

(b)

The following materials shall not be used or burned in exterior solid fuel-fired heating devices: Grass, leaves, oils, rubber, plastics, tires, railroad ties, construction debris, and painted or chemically treated materials such as treated lumber, composite shingles, tar paper, insulation composition board, sheetrock, wiring, paint, and hazardous and industrial solid waste.

(Ord. No. 23-14, § 3, 11-14-2023)

Notwithstanding anything to the contrary in this chapter, no burning of solid waste, hazardous waste, medical waste, or special waste by use of an incinerator or hazardous waste incinerator shall be allowed within the city either as a permitted use or conditional use.

(Ord. No. 23-14, § 3, 11-14-2023)

(a)

A property owner may install EV charging stations in a parking space in a parking lot or structure available to the public for free or for a fee.

(b)

Parking spaces used for EV charging will count towards the overall required number of spaces listed elsewhere in this chapter.

(Ord. No. 23-14, § 3, 11-14-2023)

Sections 106-350 through 106-354 pertain to tree preservation within the City of Ramsey.

(Ord. No. 23-14, § 3, 11-14-2023)

(a)

Purpose. The city council finds it is in the best interest of the city to protect, preserve, and enhance the natural environment by encouraging a resourceful and prudent approach to development and alteration of wooded areas. The city council also recognizes that some amount of tree loss is an inevitable consequence of the development process. The tree preservation regulations herein attempt to maintain a balance between one's rights to develop property with the needs and desires of the community to protect the natural environment.

(b)

Intent and objectives. The intent of this section is to support the preservation and protection of significant trees, or stands of trees, to promote the orderly development of such areas and minimize public and private losses. The following regulations address the removal of trees associated with new development. The city council finds that the following objectives are important to achieve the purpose and intent of this division:

(1)

To continue to seek recognition as a Tree City U.S.A. and to take all reasonable steps to promote planting and conservation of trees throughout the city;

(2)

To maintain and preserve the many benefits that trees provide including, but not limited to, the following:

a.

Character and aesthetics.

1.

Trees help buffer different or conflicting land uses by establishing visual screening and buffering noise, glare and heat abatement;

2.

Trees conserve and enhance the city's quality of life and ecological and aesthetic environment, especially its valuable and rural atmosphere; and

3.

Trees provide important psychological benefits to the people within the city and neighborhoods.

b.

Wildlife habitat. Trees are essential to maintain wildlife habitat within the city.

c.

Energy conservation. Trees assist in the moderation of climate by providing shade, windbreaks, and the cooling of air; thereby reducing the requirements for air conditioning and heating and the subsequent utilization of energy resources.

d.

Improved air and water quality.

1.

Trees aid in the filtering of stormwater as it passes through the soil to the groundwater;

2.

Trees maintain permeable land areas essential to surface water management and aquifer recharge; and

3.

Trees aid in the purification of the air through the removal of carbon dioxide, the generation of oxygen, and the precipitation of dust and other airborne pollutants.

e.

Socioeconomic.

1.

Trees enhance property values; and

2.

Trees protect and preserve the unique identity and environment of the city and aid in the development of the economic base attracted to the city by such factors.

f.

Erosion and flood control.

1.

Trees aid in the stabilization of soil by the prevention of erosion and sedimentation; and

2.

Trees reduce stormwater runoff and the costs associated therewith and aid in the replenishment of groundwater supplies.

g.

Privacy and buffering. Preservation of existing trees helps maintain privacy and establishes a buffer between conflicting uses or varying residential densities.

(c)

Administration.

(1)

The city shall administer and enforce the provisions of this division. The city is authorized to cause inspections on a scheduled basis when reason exists to believe that a violation of this division has been or is being committed.

(2)

When the city determines a violation has occurred, the city's written evaluation of the deficiencies shall be considered prima facie evidence in any subsequent litigation.

(Ord. No. 23-14, § 3, 11-14-2023)

A landmark tree shall be any tree, public or private, that has been designated as such by the city council, after public hearing and due notice to the owner of the tree. The criteria of such designation shall include, but not necessarily be limited to, notable historical interest and value to the city because of its location or historical association with the community.

(Ord. No. 23-14, § 3, 11-14-2023)

(a)

Authority. The city shall have the right, but does not have the obligation, to plant, prune, maintain and remove trees, plants and shrubs within the public right-of-way of all streets, alleys, squares, parks, and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such areas.

(b)

Removal of public trees. No trees, brush, vines, shrubs and/or ground cover are to be removed by anyone, including adjacent landowners or agents of any landowner, from any city-owned land, greenways or access corridors from greenways without the written permission of the city.

(c)

Storage upon public land. No person shall deposit, place, store, or maintain upon any public land of the city any stone, brick, sand, concrete, vehicles, equipment, toxins, animals, tree carving, or other materials which may impede the free passage of water, air, or fertilizer to the roots of any tree growing therein, except by written permission of the city.

(d)

Operation of equipment.

(1)

All maintenance equipment, implements, machines and tools shall be used or operated in such a manner as not to damage or destroy any tree, shrub or plant in any public right-of-way or park.

(2)

During the erection, repair, alteration or removal of any building, house or structure, in the city, any person, firm, or corporation in charge of such work shall protect any tree in any public place within the city in the vicinity of such building or structure with sufficient guards or protectors to prevent injury to such tree.

(e)

Notifying adjacent property owners of maintenance work. An attempt shall be made to inform adjacent property owners of maintenance work on trees and landscaping along boulevards, city property, and easements. This notification will be left with direct and adjacent property owners. Suitable precautions shall be taken to protect and warn the public that spraying is being done to public trees. Spraying will be done only if following an integrated pest management plan as exemplified under such topic within the state department of agriculture and be completed by a Minnesota Department of Agriculture licensed pesticide applicator.

(Ord. No. 23-14, § 3, 11-14-2023)

(a)

Requirements for a tree preservation plan. Prior to any development, as described in subsection (b) of this section, a tree preservation plan shall be submitted to and approved by the city.

(b)

Tree preservation plan. A tree preservation plan shall be submitted with preliminary plats and/or site plans, drawn to the same scale as the other preliminary plat or site plan submittals.

(1)

Residential and commercial development plans shall be designed to preserve native vegetation areas as much as possible. Streets, parcels, structures and parking areas shall be laid out to minimize the destruction of wooded areas or outstanding tree specimens.

(2)

The city may require either the clustering of dwellings or alternate locations of dwellings to preserve significant trees during the plat approval process.

(3)

There shall be no movement, clearing, or storage of equipment within a designated tree protection zone nor shall any construction materials, debris, or soil/fill be stored or deposited within a designated tree protection zone.

(c)

Plan specifications content. The content of all tree preservation plans submitted shall be prepared and signed by a licensed surveyor or forester not more than two years prior to submission to the city and shall include the following:

(1)

The name(s), contact information (telephone number and email), and address(es) of applicant(s), property owner(s), developer(s), and/or builder(s);

(2)

Delineation of all buildings, structures, and impervious surfaces situated thereon or proposed to be built thereon;

(3)

Delineation of all areas located within a 100-year floodplain;

(4)

Location, diameter, species, and condition of all significant trees on site in both graphic and tabular form. For the purposes of this division, significant trees shall include:

a.

All species of oak that have a DBH of four inches or greater;

b.

All coniferous species that have a DBH of four inches or greater; and

c.

All other trees that have a DBH of eight inches or more;

(5)

Identification of which significant trees are to be (1) preserved, (2) removed; and (3) exempt from the removal calculation per subsection (f) (3) of this section. This shall be in both graphic and tabular form;

(6)

Tabulation of total significant tree inches on site;

(7)

Calculation of total inches being removed on site excluding exempt significant tree inches;

(8)

Calculation of total exempt significant tree inches and indication of why each significant tree is exempt;

(9)

Calculation of removed significant tree inches (excluding exempt tree inches) divided by the total significant tree inches on site (excluding exempt tree inches);

(10)

Proposed locations and details of tree protection fencing to be installed around trees being preserved;

(d)

Tree protection measures.

(1)

Before any construction or grading takes place, snow fencing (polyethylene laminate safety netting) or erosion control fencing shall be placed at the dripline of significant trees to be preserved.

(2)

No construction shall begin until this work has been completed, inspected, and accepted by the city. The tree protection measures shall not be removed until the land disturbance and construction activities are complete.

(3)

Silt barriers or similarly effective erosion control barriers shall be required in any area where erosion or siltation may cause damage to protected trees.

(4)

Wherein authorized excavations it becomes necessary to expose or cut roots more than one inch in diameter, it shall be the duty of the contractor to protect such root under advice from the city.

(5)

All open trenching is prohibited. Utility installation within the dripline of protected trees, during construction or thereafter, can only occur using trenchless methods.

(6)

The mowing, clearing, and grubbing of brush located within or under the dripline of protected trees may be allowed, provided such mowing, clearing, or grubbing is accomplished by hand or by mowers. The use of heavy equipment for this purpose shall not be allowed.

(e)

Removal threshold.

(1)

Within residential developments, no more than 60 percent of the inches of existing significant tree DBH shall be removed.

(2)

Within business and employment developments, no more than 70 percent of the inches of existing significant tree DBH shall be removed.

(3)

Significant trees removed for water quality treatment ponds, public trails and sidewalks, and arterial and collector streets as defined herein, or that are considered invasive species, are considered exempt from the removal threshold calculation.

(f)

Reforestation/restitution requirement. If a development exceeds the removal threshold specified in subsection (e) above, the developer shall either reforest areas within the site, pay restitution, or some combination thereof. For every one significant tree inch that is removed in excess of the removal threshold, the developer shall replant 1.25 inches (caliper) of new trees or provide the city with $125.00 in restitution.

(g)

Reforestation/restitution plan.

(1)

If the total number of significant tree inches to be removed exceeds the removal threshold, the developer shall provide a reforestation plan, or a calculation of restitution, or a combination thereof.

(2)

A reforestation plan shall be prepared by a registered landscape architect or forester and shall comply with the following criteria:

a.

The plan shall indicate the location and diameter (or height if coniferous; for each three feet in height is equivalent to one caliper inch) of all reforestation trees to be planted. This can be included on the landscape plan, but the reforestation calculation, trees, and inches, must be specified.

b.

Size at the time of planting shall comply with the planting standards outlined in the applicable landscape standards for the respective zoning district.

c.

No more than 25 percent of the reforestation trees shall be from any one species.

d.

Replacement trees in the reforestation plan may count toward the trees required by the city's landscaping regulations.

e.

Restitution, if applicable, shall be paid in cash to the city prior to the release of the final plat mylars for recording, or, if a plat was not required, prior to the issuance of a building permit subject to site plan review. Any restitution paid shall be deposited in the community reforestation fund and be used for reforestation efforts within the city.

(h)

Protection from disease and pestilence. All clearing in oak stands shall be performed prior to April 15 or after July 15 of each season. Any development involving oak trees on or adjacent to the development area must submit a plan in conjunction with the preliminary plat that identifies what precautionary steps will be taken to protect the trees from oak wilt.

(i)

Encroachment. If encroachment into a tree preservation area occurs that causes irreparable damage to a tree(s), the tree preservation plan shall be revised to compensate for the loss. Under no circumstance shall the developer be relieved of responsibility for compliance with the provisions of this division, nor shall planned revision activities prevent the city from instituting action for violation of this division.

(Ord. No. 23-14, § 3, 11-14-2023)

(a)

Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community, the council finds that these regulations are necessary in order to:

(1)

Facilitate the provision of wireless telecommunication services to the residents and businesses of the city;

(2)

Minimize adverse visual effects of towers through careful design and siting standards;

(3)

Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and

(4)

Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.

(b)

Towers in residential zoning districts. Construction of towers to support commercial antennas that conform to all applicable provisions of this Code may be allowed only the following locations:

(1)

Parcels within the Tower Overlay District as shown on the official zoning map.

(2)

All religious institution, government, school, utility, and institutional sites.

(3)

If the proposed tower is to be located within a residential district, documentation must be included in the application that demonstrates that the tower cannot be reasonably located within a commercial, industrial, or public/quasi-public zoning district.

(c)

Towers in COR and Mississippi River Corridor Critical Area Overlay Zoning Districts. Construction of towers to support commercial antennas shall not be allowed in Town Center and Critical River Overlay Zoning Districts, except that antennas may be attached to existing structures provided the antenna does not extend more than 20 feet above the highest point of the structure or tower.

(d)

Collocation requirements. All commercial wireless telecommunication towers erected, constructed, or located within the city shall comply with the following requirements:

(1)

A proposal for a new commercial wireless telecommunication 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 or building within a one-mile search radius of the proposed tower due to one or more of the following reasons:

a.

The planned equipment would exceed the structural capacity of the existing or approved tower or building, 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.

b.

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 professional and the interference cannot be prevented at a reasonable cost.

c.

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

d.

In spite of its best efforts, within 60 days, the applicant was unable to obtain approval to collocate on an existing or approved tower or building.

e.

Other reasons that make it impractical to locate the planned telecommunications equipment upon an existing or approved tower or building.

(2)

Shared use of existing communications towers shall be preferred to the construction of a new tower. Any proposed commercial wireless telecommunication service tower shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users.

(e)

Tower construction requirements. All towers erected, constructed, or located within the city, and all wiring therefor, shall comply with the requirements set forth in chapter 105.

(f)

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

(1)

Towers and antennas shall be designed to blend into the surrounding environment through the use of color and design, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Tower architectural standards are subject to final city council approval.

(2)

Commercial wireless telecommunication service towers shall be of a monopole design unless the city council determines that an alternative design is preferred in cases where structural or design considerations, neighborhood compatibility, location availability, or the number of potential collocations warrants this consideration.

(3)

All towers must be designed so that the tower site and setbacks will contain guyed wires, debris, and the tower in the event of a collapse, except towers of monopole design.

(g)

Tower bulk standards. Towers shall conform with each of the following requirements:

(1)

No part of any communication antenna or tower, equipment, guyed wires, or braces shall at any time extend across or over any part of the public right-of-way, public street, highway, sidewalk, or recreation trail.

(2)

In business and industrial zoning districts, towers shall meet the setbacks of the underlying zoning district with the exception of industrial zoning districts, where towers may encroach into the side or rear setback area, provided that the side or rear property line abuts another nonresidential zoned property and the tower does not encroach upon any easements. When adjacent to a residential district, the tower must meet the setback equal to the height of the tower plus ten feet or the setbacks of the underlying zoning district, whichever is greater.

(3)

Towers constructed within the Tower Overlay and Public/Quasi-Public Zoning Districts shall maintain a minimum setback equal to the height of the tower plus ten feet from any lot line.

(4)

Towers shall not be located between a principal structure and a public street, with the following exceptions:

a.

In business zoning district, towers may be placed within a side yard abutting right-of way.

b.

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

(5)

The setback shall be measured between the base of the tower located nearest the property line and the actual property line.

(6)

A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the city council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure.

(7)

The height of a communication tower shall not exceed:

a.

One hundred feet in residential districts.

b.

One hundred ninety-nine feet in business districts, with no additional height allowances granted.

(8)

Multi-user towers may exceed the height requirements as stated in this section by up to an additional 20 feet provided that two additional users, as stated in subsection (7) of this section, have collocated their antennas on the monopole structure.

(9)

The city council may increase the height of a tower if the applicant is able to demonstrate to the satisfaction of the city council that the surrounding topography, structures, vegetation, and other factors make the height limit for a complying tower impractical.

(h)

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

(i)

Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(j)

Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood, as determined by the city council.

(k)

Abandoned or unused towers or portions of towers. Abandoned or unused towers or portions of towers shall be removed as follows:

(1)

All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city council. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application.

(2)

Unused portions of towers above a manufactured connection shall be removed within 12 months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit.

(l)

Antennas on roofs, walls and existing towers.

(1)

The placement of wireless telecommunication antennas on roofs, walls, and existing towers, utility poles and structures is permitted in any district, regardless of parcel size, provided the antenna does not extend more than 20 feet above the highest point of the structure or tower. The placement of wireless telecommunications antennas on roofs, walls, and existing towers or structures may be approved by the city engineer, provided the antennas meet the requirements of this Code, after submittal of a final site and building plan as specified by chapter 105, Buildings and Building Regulations, and a report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated.

(2)

The replacement of an existing light pole or lighting standard in order to accommodate the placement of an antenna thereon shall be approved by issuance of a building permit based upon administrative review.

(m)

Interference with public safety telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications, in accordance with the rules and regulations of the Federal Communications Commission. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the city at least ten calendar days in advance of such changes and allow the city to monitor interference levels during the testing process.

(n)

Additional submittal requirements. In addition to the information required elsewhere in this Code, development applications for towers shall include the following supplemental information:

(1)

A report from a qualified and licensed professional engineer which:

a.

Describes the tower height and design including a cross section and elevation;

b.

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

c.

Describes the tower's capacity, including the number and type of antennas that it can accommodate; and

d.

Includes other information necessary to evaluate the request.

(2)

For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and 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.

(3)

Before the issuance of a building permit, the following supplemental information shall be submitted:

a.

Affirmation that the proposed tower will comply with any applicable regulations administered by the Federal Aviation Administration; and

b.

A report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical (but not radio frequency) standards.

(o)

Antennas designed for private reception of television and radio signals. Private antennas designed for reception of television and reception and transmission of radio signals, including antennas (less than 60 feet in height if free standing and 15 feet in height if roof mounted) used for amateur or recreational purposes, provided they are not located in a front yard and do not infringe upon requirements of the Federal Aviation Administration, shall be exempt from the provisions of this section. Antennas that are intended to be 60 feet or more in height if free standing and 15 feet or more in height if roof-mounted shall require a conditional use permit from the city.

(p)

Existing antennas and towers. Antennas and towers in existence as of July 14, 1997, which do not conform to or comply with this section may continue in use for the purpose now used and as now existing but may not be replaced or materially altered without complying in all respects with this section.

(Ord. No. 23-14, § 3, 11-14-2023)