§ 544.25. Telecommunication Towers and Antennas.

Subdivision 1. [ Purpose .] This section is intended to establish fair and balanced regulations related to the siting, screening, and operation of wireless telecommunication facilities and equipment to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community. This section recognizes that wireless communication systems provide a valuable service to the public but that they are not a public utility. The following regulations are necessary in order to:

a)

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

b)

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

c)

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

d)

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.

Subd. 2. Permits . It shall be unlawful for any person, firm, or corporation to erect, construct in place, place or re-erect, replace, or repair any tower without first making application to the Department of Community Development and securing the required zoning and building permits.

Subd. 3. Exemptions . Permits are not required for: (Amended, Bill No. 2011-13)

i.

Adjustment of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor.

ii.

Antennae and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick-up operations. Temporary antennae shall be removed within 72 hours following installation.

Subd. 4. Submittal Requirements . The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons. In addition to the information required elsewhere in this Code, development applications for towers shall include the following supplemental information: (Added, Bill 2009-1)

a)

A report from a qualified and licensed professional engineer which:

i.

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

ii.

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

iii.

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

iv.

Documents what steps the applicant will take to avoid interference with established public safety telecommunications;

v.

Includes an engineer's stamp and registration number; and,

vi.

Includes other information necessary to evaluate the request.

b)

For all commercial wireless telecommunication service towers, 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.

c)

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

i.

Proof that the proposed tower complies with regulations administered by Federal Aviation Administration; and,

ii.

A report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical standards.

d)

All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless the Director approves a time extension. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property.

Subd. 5. Towers in Residential Zoning Districts . Towers shall be allowed only in the following residentially zoned areas:

a)

Towers supporting amateur radio antennas and conforming to all applicable provisions of this Code shall be allowed only in the rear yard of residentially zoned parcels.

b)

Towers supporting commercial antennas and conforming to all applicable provisions of this Code shall be allowed only in the following residentially zoned locations:

i.

Church sites, when camouflaged as steeples or bell towers;

ii.

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

iii.

Government, school, utility, and institutional sites, not including the public right-of-way.

Subd. 6. Collocation Requirements . All commercial wireless telecommunication towers erected, constructed, or located within the City shall comply with the following requirements:

a)

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 (1) mile search radius (one half (½) mile search radius for towers under 120 feet in height, one quarter (¼) mile search radius for towers under 80 feet in height) of the proposed tower due to one (1) or more of the following reasons:

i.

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.

ii.

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

iii.

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 qualified and licensed professional engineer.

iv.

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

b)

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 (2) additional users if the tower is over 100 feet in height or for at least one (1) additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

Subd. 7. Tower Design Requirements . Proposed or modified towers and attached antennas shall meet the following design requirements.

a)

Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

b)

Commercial wireless telecommunication service towers shall be of a monopole design unless the City Council determines that an alternative design would better blend into the surrounding environment.

Subd. 8. Tower Setbacks . Towers shall conform to each of the following minimum setback requirements:

a)

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

b)

Towers shall maintain a minimum distance from the nearest residential structure equal to twice the height of the tower.

c)

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

i.

In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street.

ii.

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

d)

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.

Subd. 9. Tower Height . The height of a telecommunication tower and antenna shall be measured as the distance from ground level to the highest point on the tower, including the antenna.

a)

In all residential property, the maximum height of any tower shall be 30 feet.

b)

In all residential zoning districts other than designated residential property, the maximum height of any tower shall not exceed one (1) foot for each four (4) feet the tower is setback from designated residential property up to a maximum height of 75 feet.

c)

In all nonresidential zoning districts, the maximum height of any tower shall not exceed one (1) foot for each two (2) feet the tower is setback from designated residential property up to a maximum height of 75 feet in nonindustrial zoning districts and 100 feet in industrial zoning districts.

d)

In accordance with the Federal Communications Commission's preemptive ruling PRB1, towers and antennas erected for the primary purpose of supporting amateur radio communications may exceed the height restrictions of (3), above, but shall not exceed 65 feet in height.

e)

In addition to the height limitations noted above, no tower shall be constructed or changed so as to project above any Airspace Surface as shown on MSP Zoning Map Airspace Zones of the MSP Zoning Ordinance.

Subd. 10. 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. 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.

Subd. 11. Signs and Advertising . The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

Subd. 12. Associated Equipment . Ground equipment associated with a tower or wireless telecommunications facility shall be screened by vegetative or other screening compatible with the surrounding environment if deemed necessary by the Director or designee. When associated ground equipment is housed in a building or structure, that building or structure shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground equipment associated with a wireless telecommunications facility may be located on residentially used property only within a utility easement adjacent to the public right-of-way, except in the multifamily zoning districts where ground equipment associated with a wireless telecommunications facility may also be located within a code complying building or structure after receiving the approvals required by this Code.

Subd. 13. Antennas Mounted on Roofs, Walls, and Existing Towers . The placement of wireless telecommunication antennas on roofs, walls, and existing towers may be approved by the Director, provided the antennas meet the requirements of this Code, after submittal of 1) a site and building plan and 2) 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. Antennas shall be mounted on the facade of the building or penthouse structure unless the Director or designee determines that another antenna mounting location decreases the visual impact of the antennas. All roof-mounted equipment shall be screened from view.

Subd. 14. Antenna Design and Mounts . Applicants shall use antenna designs and mounts that minimize visual impact.

Subd. 15. Reserved.

Subd. 16. Maintenance and Inspections. Tower and antenna finish and paint shall be maintained in good condition, free from rust, graffiti, peeling paint, or other blemish.

a)

All towers may be inspected at least once each year by an official of the Building and Inspection Division to determine compliance with original construction standards. Deviation from original construction for which a permit is obtained constitutes a violation of this Section.

b)

Notice of violations will be sent by registered mail to the owner and he will have 30 days from the date the notification is issued to make repairs. The owner will notify the Building and Inspection Division that the repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results.

Subd. 17. Variances . The following standards apply to variance requests for towers, antennas, or wireless telecommunication facilities.

a)

The City Council shall consider the following issues in addition to the variance findings required in Section 547.11 of this Code.

i.

The viability of Code complying alternative locations for the proposed tower, antenna, or wireless telecommunication facility.

ii.

The impacts of the tower, antenna, or wireless telecommunication facility at the proposed site relative to the impacts of the tower, antenna, or wireless telecommunication facility at a Code complying alternative location.

iii.

The extent to which there is a significant gap in coverage surrounding the proposed tower, antenna, or wireless telecommunication facility or other evidence of inadequate service due to antenna location.

iv.

The extent to which the proposed tower, antenna, or wireless telecommunication facility is the least intrusive, lowest impact design available.

v.

The extent to which the height of the proposed tower, antenna, or wireless telecommunication facility could be reduced and still provides adequate coverage.

vi.

The extent to which the size of the proposed accessory equipment could be reduced.

vii.

The feasibility of placing the proposed accessory equipment underground.

b)

The applicant shall pay the reasonable cost of the City retaining a qualified, independent radio frequency engineer to provide a professional opinion to the City Council if the Director or designee determines that an independent radio frequency engineer is needed to assist in consideration of these regulations.

(Amended, Bill No. 2016-16)