Wadena City Zoning Code

TELECOMMUNICATIONS FACILITIES

§ 152.80 PURPOSE AND INTENT.

The purpose of this subchapter is to establish predictable and balanced regulations for the siting and screening of wireless telecommunication equipment in order to accommodate the growth of wireless communication systems within the city, while protecting the public against any adverse impacts on the city's aesthetic resources and the public welfare. This subchapter creates two categories of support structures for antennas. The first category consists of existing towers, water towers, and high-density residential and non-residential buildings, which the subchapter favors in order to minimize the number of freestanding towers needed to serve the community. The second category consists of all other support structures. The structures in this second category are all classified as freestanding telecommunications towers even if they are intended to replace existing light poles, utility poles, or similar structures. Freestanding towers are subject to increased standards to minimize their visual impact. One such standard is that towers in residential and commercial zoning districts must use state-of-the-art stealth design techniques to disguise the towers and soften their views. A telecommunications company that does not currently use stealth technology will need to develop this capability in order to place freestanding towers in this city. This subchapter allows minimal use of the public right-of-way for telecommunication antennas because that space should be reserved for public utilities and should be free of safety hazards. In addition, telecommunications facilities located in the right-of-way have the potential of being very visible to the traveling public. In order to locate in a public right-of-way, telecommunications companies must use improved technology to reduce the size and visibility of their facilities.

(Ord. 212, 3rd Series, passed 11-15-2016)

§ 152.81 DEFINITIONS.

The following additional definitions apply to this subchapter in addition to the definitions contained in § 152.02 of this chapter.

ACCESSORY EQUIPMENT. The wires, cables, and other equipment or facilities that are used with antennas.

ANTENNA. A device used for transmitting or receiving telecommunication, television or radio signals that is used for personal wireless telecommunication service or any other purpose, except a device used for the private enjoyment of those on the premises where it is located, such as amateur radio antennas and antennas receiving television signals for viewing on site. ANTENNA also does not include a lightning rod.

ANTENNA SUPPORT STRUCTURE. An existing structure that is a telecommunication tower, high density residential or non-residential building, water tower, or electric transmission tower carrying over 200 kilo volts of electricity, that can be used for the location of antennas without increasing the mass of the existing structure.

ENGINEER. An engineer licensed by the State of Minnesota, or an engineer acceptable to the city if licensing is not available.

STEALTH DESIGN. State-of-the-art design techniques used to blend the object into the surrounding environment and to minimize the visual impact as much as reasonably possible. Examples of stealth design techniques include architecturally screening roof-mounted antennas and accessory equipment; integrating telecommunications facilities into architectural elements; nestling telecommunications facilities into the surrounding landscape so that the topography or vegetation reduces their view; using the location that would result in the least amount of visibility to the public, minimizing the size and appearance of the telecommunications facilities; and designing telecommunications towers to appear other than as towers, such as light poles, power poles, flag poles, and trees.

TELECOMMUNICATIONS FACILITIES. Antennas, accessory equipment, and telecommunications towers.

TELECOMMUNICATIONS TOWER or TOWER. A free-standing, self-supporting lattice, guyed, or monopole structure constructed from grade intended to support antennas.

(Ord. 212, 3rd Series, passed 11-15-2016)

§ 152.82 ADMINISTRATIVE APPROVAL.

(A) The Zoning Administrator may grant administrative approval of the following telecommunications facilities:

(1) Telecommunications facilities located on electric transmission towers carrying over 200 kilo volts of electricity.

(2) Telecommunication facilities located on an antenna support structure that has already been approved by a conditional use permit as the location for a telecommunication facility, if the proposed facility does not involve a variance and is not accompanied by any other matter requiring consideration by the Planning Commission or City Council.

(3) A one-time, 15-foot extension of an existing monopole telecommunications structure or one-time replacement of an existing monopole by a tower no greater than 15 feet taller than the existing monopole may be administratively approved if the proposed facility does not involve a variance and is not accompanied by any other matter requiring consideration by the Planning Commission and City Council.

(4) Telecommunication facilities that are attached to an existing public utility structure within a right-of-way if:

(a) The telecommunication facility does not extend above the top of the existing utility structure and the height of the existing utility structure is not increased to accommodate the telecommunication facility;

(b) Any replacement utility structure does not exceed the height of the existing utility structure, including the telecommunication facility, and does not exceed the diameter of the existing utility structure by more than 50%;

(c) The telecommunication facility is no larger than three cubic feet and has no individual surface larger than four square feet;

(d) The telecommunication facility extends outward from the utility structure by no more than two and one-half feet, except that an antenna no greater than one half inch in diameter may extend an additional six inches;

(e) There is no ground mounted equipment;

(f) There is no interference with public safety communications or with the original use of the public utility structure; and

(g) The telecommunication facility must be removed and relocated when the road authority requires the removal and relocation of the public utility structure.

(B) Administrative review and approval is subject to the following:

(1) Submittal of a complete site and building plan review application, complete site plan, building elevations, and antenna elevations, and signed by a registered architect, civil engineer, landscape architect or other appropriate design professional;

(2) Submittal of an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and capacity needs of the applicant's system. The applicant also must pay the reasonable expenses of a radio or electrical engineer retained by the city, at its option, to review this analysis; and

(3) Submittal of any necessary easements and easement exhibits, which have been prepared by an attorney knowledgeable in the area of real estate and which are subject to the City Attorney's approval.

(C) The Zoning Administrator will render a decision within 60 days and serve a copy of the decision upon the applicant by mail.

(D) Any person aggrieved by a decision of the Zoning Administrator may appeal the decision to the City Council.

(Ord. 212, 3rd Series, passed 11-15-2016)

§ 152.83 CONDITIONAL USE.

Telecommunications facilities that are not eligible for administrative approval under § 152.82 are permitted only as a conditional use in all zoning districts and must be in compliance with the provisions of this subchapter. Conditional use telecommunications facilities are subject to the following standards:

Residential and Commercial Zoning Districts. Telecommunication facilities may be located only on public property in the R-2 residential district or the C-1 commercial districts subject to the standards listed in divisions (A) through (D) that follow.

(A) An applicant must provide an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and capacity needs of its system and that there is no existing antenna support structure that could adequately serve the area if antennas were placed on it. The applicant must also pay the reasonable expenses for a radio or electrical engineer retained by the city, at its option, to review this analysis;

(B) A telecommunications facility must use as many stealth design techniques as reasonably possible. Economic considerations alone are not justification for failing to provide stealth design techniques. The City Council may require that a different location be used if it would result in less public visibility, is available, and would meet the applicant's reasonable capacity and coverage needs; and

(C) A telecommunications tower and antennas, including attachments other than lightning rods, must not exceed 75 feet in height, measured from grade. The City Council may increase this height to 90 feet if the increase in height would not have a significant impact on surrounding properties because of proximity, topography or screening by trees or buildings or would accommodate two or more users. The City Council may waive this height standard for a tower used wholly or partially for essential public services, such as public safety.

(D) Telecommunications facilities may be located in public right-of-way of a major collector or arterial roadway as defined in the comprehensive plan, if they meet all of the following requirements:

(1) The facility, including attachments other than lightning rods, may not exceed 60 feet in height measured from grade. The City Council may waive this height standard for a tower used wholly or partially for essential public services, such as public safety;

(2) The facility must use as many stealth design techniques as reasonably possible. In particular, the antennas must be designed to minimize their size and appearance and may not project out from the side of the tower by more than two feet. Economic considerations alone are not justification for failing to provide stealth design techniques; and

(3) The facility is not located adjacent to residentially zoned property unless the applicant demonstrates by providing a study prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and capacity needs of its system and no other location is feasible in a non-residential zone.

(Ord. 212, 3rd Series, passed 11-15-2016)

§ 152.84 GENERAL STANDARDS.

The following standards apply to all telecommunications facilities.

(A) Vertical projection on antenna support structures. Antennas mounted on an antenna support structure must not extend more than 15 feet above the height of the structure to which they are attached. Wall or facade-mounted antennas may not extend above the cornice line and must be constructed of a material or color that matches the exterior of the building.

(B) Horizontal projection. Antennas must not project out from the side of the antenna support structure or tower by more than three feet, except if located in a commercial district.

(C) Setbacks. A tower adjacent to a residential zoning district must meet the building setback that is established for the district where it is to be located, but only from the residential zone. This setback is not required for a tower in a right-of-way. The city may waive this setback requirement if necessary to implement stealth design techniques or if the residentially zoned property is public property. An accessory equipment cabinet that is greater than 120 square feet in size must be at least ten feet from all property lines.

(D) Height. The height of an antenna and tower must be the minimum necessary to meet the applicant's coverage and capacity needs, as verified by an electrical engineer or other appropriate professional. The City Council may waive this requirement if additional height is appropriate for co-location opportunities.

(E) Exterior surfaces. Towers and antennas must be galvanized steel and painted with a colored duplex coating applied in accordance with the American Galvanized Association standards consistent with the surrounding area in: blue, gray, brown, or silver.

(F) Ground-mounted equipment. Ground-mounted accessory equipment or buildings must be architecturally designed to blend in with the surrounding environment, including the principal structure, or must be screened from view by suitable vegetation, except where a design of a non-vegetative screening better reflects and complements the character of the surrounding neighborhood. No more than one accessory building is permitted for each tower. Additional space needed for the co-location of antennas must be added to an existing accessory building in a manner to make it appear as one building. Design of the building or equipment cabinet, screening and landscaping are subject to a site plan review.

(G) Construction. Telecommunications facilities must be in compliance with all building and electrical code requirements. A tower must be designed and certified by an engineer to be structurally sound and in conformance with the building code. Structural design, mounting and installation of the telecommunications facilities must be in compliance with the manufacturer's specifications.

(H) Co-location opportunity. If a new tower over 60 feet in height is to be constructed:

(1) The tower must be designed to accommodate both the applicant's antennas for at least one additional comparable user;

(2) The tower must be designed to accept antennas mounted at additional heights;

(3) The applicant, the tower owner, the landowner, and their successors must allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use, must submit a dispute over the potential terms and conditions to binding arbitration, and must sign the conditional use permit agreeing to these requirements. The City Council may waive these co-location requirements if necessary to implement stealth design.

(I) Exterior maintenance. The exterior finish of all towers shall be maintained by the owner/operator in a condition free of rust and surface coating deterioration.

(J) External messages. No advertising message or identification sign larger than two square feet may be affixed to the telecommunications facilities.

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

(L) Rights-of-way. All telecommunication facilities in a public right-of-way must comply with the following:

(1) Telecommunications facilities located within a right-of-way must not negatively impact the public health, safety and welfare, interfere with the safety and convenience of ordinary travel over the right-of-way, or otherwise negatively impact the right-of-way or its users. In determining compliance with this standard, the city may consider one or more of the following factors:

(a) The extent to which right-of-way space where the permit is sought is available, including the placement of the ground equipment;

(b) The potential demands for the particular space in the right-of-way;

(d) The extent to which the placement of the telecommunications facilities minimizes impacts on adjacent property; and

(e) The applicability of ordinances or other regulations of the right-of-way that affect location of equipment in the right-of-way.

(2) The facility, including attachments other than lightning rods, may not exceed 60 feet in height measured from grade in residential and commercial zones, or 75 feet in industrial zones. The City Council may waive this height standard for a facility, used wholly or partially for essential public services, such as public safety;

(3) The support structure for the antennas cannot exceed the diameter of the closest public utility pole by more than 50%, but in no event may exceed 18 inches in diameter;

(4) Antennas and other components must not project out from the side of the support structure by more than two feet in residential and commercial districts or three feet in industrial districts;

(5) The support structure for the antennas must match the materials and color of the closest public utility structures in the right-of-way, if required by the Director of Planning;

(6) Ground mounted equipment will be allowed only if:

(a) The equipment will not disrupt traffic or pedestrian circulation;

(b) The equipment will not create a safety hazard;

(d) The equipment will not adversely impact the health, safety, or welfare of the community.

(7) Ground mounted equipment must be:

(a) Set back a minimum of ten feet from the existing or planned edge of the pavement;

(b) Separated from a sidewalk or trail by a minimum of three feet;

(d) Set back a minimum of 50 feet from the nearest principal residential structure;

(e) Separated from the nearest ground mounted telecommunication facilities in a right-of-way by at least 330 feet;

(f) No larger than three feet in height above grade and 27 cubic feet in size in residential districts;

(g) No larger than five feet in height above grade and 81 cubic feet in size in non-residential districts; and

(h) Screened by vegetative or other screening compatible with the surrounding area if deemed necessary by the Director of Planning.

(8) The antennas cannot interfere with public safety communications;

(9) The telecommunication facility must be removed and relocated when the road authority requires the removal and relocation of public utility structures; and

(10) Telecommunications facilities within a right-of-way must receive a right-of-way permit from the City Engineer.

(M) On-site employees. There must be no employees on the site on a permanent basis. Occasional or temporary repair and service activities are allowed.

(N) Landowner authorization. When applicable, the applicant must provide written authorization from the property owner. The property owner must sign the conditional use permit agreeing to the permit conditions, agreeing to remove the telecommunication facilities when they are unused, obsolete, or become hazardous, and agreeing to the city's right to assess removal costs under division (O) below.

(O) Removal. Obsolete or unused telecommunications facilities and all related equipment must be removed or made not hazardous within 30 days after written notice to the current owner and to any separate landowner, unless an exemption is granted by the City Council. Notice may be made to the address listed in the application, unless another one has subsequently been provided, and to the taxpayer of the property listed in the Wadena County tax records. Telecommunications facilities and all related equipment not removed within this time limit are declared to be public nuisances and may be removed by the city. The city may assess its costs of removal against the property.

(P) Historic places. No telecommunication tower may be located within 400 feet of the boundary of any property that contains a facility or structure listed on the National Register of Historic Places. Antennas may be located in this restricted area only if they are hidden from the public view.

(Ord. 212, 3rd Series, passed 11-15-2016)

§ 152.99 PENALTY.

(A) General. Every person violates a section, division, paragraph, or provision of this chapter when he or she performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.

(2006 Code, § 11.99)

(B) Violation of §§ 152.70 through 152.72. A violation of any provision of §§ 152.70 to 152.72 is a misdemeanor.

(Ord. 130, passed 12-24-1971; Ord. 204, 3rd Series, passed 4-19-2016)