HomeMy WebLinkAboutNo 812 Amending the City Code About Antennas and Towers
ORDINANCE 812
AN ORDINANCE OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA,
AMENDING THE CITY CODE ABOUT ANTENNAS AND TOWERS.
The Maplewood City Council approves the following changes to the Maplewood
Code of Ordinances:
Section 1.This section changes thefollowing parts of the Maplewood City Code:
CHAPTER 36 ARTICLE XI
COMMERCIAL USE ANTENNAS AND TOWERS
Section 36-600. Purpose.
To accommodate the communication needs of residents and business while
protecting the public health, safety and general welfare of the community, the
Maplewood City Council finds that these regulations are necessary to:
1. Facilitate the provision of wireless telecommunication services to the
residents and businesses of the city.
2. Require tower equipment to be screened from the view of persons located
on properties contiguous to the site and/or to be camouflaged in a
manner to complement existing structures and to minimize the
visibility and the adverse visual effects of antennas and towers
through careful designand siting standards.
3. Ensure the operators and owners of antennas and towers design, locate
and construct antennas and towers that meet all applicable code
requirements to avoidpotential damage to adjacent properties from
tower failure through structural standards and setback requirements.
4. Maximize the use of existing and approved towers and buildings for new
wireless telecommunication antennas to reduce the number of towers
needed to serve the community.
5. The following preferences shall be followed when selecting sites:
a. Primary structural location preference for wireless communication
equipment as permitted uses.
(1) Water towers or tanks.
(2) Co-location on existing towers.
(3) Church steeples or the church structure, when
camouflaged as steeples, bell towers, or other
architectural features.
(4) Sides and roofs of buildings or structures over two (2)
stories.
(5) Existing power or telephone pole corridors.
(6) Light poles or towers at outdoor recreational facilities.
(7) Parking lots may be used to locatetowerswhere the
structure replicates, incorporates or substantially blends
with the overall lighting standards and fixtures of the
parking lot.
b. Primary land use areas for towers requiring conditional use
permits.
(1) Industrial and commercial.
(2) City-owned property (except water towers), other
government-owned property, schools, churches or
places of worship, utility, and institutional sites.
(3) Public parks/golf courses, when compatible with the
nature of the park or course.
(4) Open space areas when compatible with the nature of
the area and site.
Section 36-601. Definitions.
The following words and terms, when used in this section or ordinance shall
have the following meaning unless the context clearly indicates otherwise:
Accessory structure. A use or structure subordinate to the principal use of
the land or building with a tower or antenna.
Antenna. Any structure, equipmentor device used for collecting or radiating
electromagnetic waves, telecommunication, microwave, television or radio
signalsincluding but not limited to directional antennas, such as panels,
microwave dishes and satellite dishes, and omni-directional antennas, such
as whips.
Personal Wireless Communication Services. Licensed commercial wireless
communication services including cellular, personal communication services
(PCS), enhanced specialized mobilized radio (ESMR), paging and similar
services.
Public Utility. Persons, corporation, or governments supplying gas, electric,
transportation, water, sewer, or land line telephone service to the public. For
this ordinance, commercial wireless telecommunication sources shall not be
considered public utility uses.
Tower. Any pole, monopole,spire, or structure, or combination thereof,
including supporting lines, cables, wires, braces and masts, intended
primarily for the purpose of mounting an antenna, meteorological device, or
similar apparatus above grade.
UBC. Uniform Building Code. Published by the International Conference of
Building Officials and adopted by the State of Minnesota to provide
jurisdictions with building-related standards and regulations.
Section 36-602. Existing antennas and towers.
Antennas, towers and accessory structures in existence as of January 13,
1997, that do not meet or comply with this section are subject to the following
provisions:
1. Towers may continue in use for the existing purpose now used and as
now existing but may not be replaced or structurally altered without
meeting all standards in this section.
2. If such towers are damaged or destroyed due to any reason or cause at
all, (unless the user or owner voluntarily removes the tower), the owner or
operator may repair and restore the tower to its former size, heightand
use within one (1) year after first getting a building permit from the city.
The location and physical dimensions shall remain as they were before
the damage or destruction.
Section 36-603. Interpretation and Applicability.
a. It is not the intention of this ordinance to interfere with, abrogate or annul
any covenant or other agreement between parties. However, where this
ordinance imposes greater restrictions upon the
use or premises for antennas or towers than are imposed or required by
other ordinances, rules, regulations or permits, or by covenants or
agreements, the provisions of this ordinance shall govern.
b. This ordinance does not apply to the use or location of private, residential
citizen band radio towers, amateur radio towers ortelevision antennas.
Section 36-604. Inspections and Violations.
a. All towers, antennas and supporting structures must obtain a building
permit and are subject to inspection by the city building official to
determine compliance with UBC construction standards. Deviations from
the original construction that a permit is obtained, other than antenna
adjustments, is a misdemeanor.
b. Notice of violations will be sent by registered mail to the owner and the
owner will have thirty (30) days from the date the notification is issued to
make repairs. The owner will notify the building official that the repairs
have been made, and as soon as possible after that, the building official
will make another inspection and the owner notified of the results.
c. Adjustments or modifications to existing antennas do not require a
conditional use permit or a building permit.
Section 36-605. Conditional Use Permit.
a. In reviewing an application for a conditional use permit for the construction
of commercialantennas, towers, and accessory structures, the city council
shall consider the:
(1) Standards in the city code.
(2) Recommendations of the planning commission and community
design review board.
(3) Effect of the proposed use upon the health, safety,convenience
and general welfare of residents of surrounding areas.
(4) Effect on property values.
(5) Effect of the proposed use on the comprehensive plan.
b. The applicant shall provide at the time of application, sufficient information
to show thatconstruction and installation of the antenna or tower will meet
or exceed the standards and requirements of the UBC (Uniform Building
Code).
c. Conditional use permits will not be required for:
(1) Repair or replacement or adjustment of the elementsof an
antenna array affixed to a tower or antenna, if the repair or
replacement does not reduce the safety factor.
(2) Antennas mounted on water towers, sides or roof of existing
structures and on existing towers, power, light, or telephone
poles.
d. The fee to be paid for the conditional use permit shall be set by city
council resolution.
e.The applicant shall have a property acquisition specialist and a radio
frequency engineer attend all city-related meetings to be available to
answer questions.
Section 36-606. Communication Towers Proposed in Residential Zoning
Districts.
No person, firm or corporation shall build or install a tower in a residential
zoning districtwithout obtaining a conditional use permit from the city
council. Such atower shall be subject to, but not limited to, the following
conditions:
1. The city will only consider such a tower in the following residentially-zoned
locations or properties:
a. Churches or places of worship.
b. Parks, when the city determinesthe facility would be compatible
with the nature of the park.
c. City-owned property, government, school, utility and institutional
sites or facilities.
2. There shall be no more than one freestanding tower at one time on a
property that the city has planned for a residential use or that the city has
zoned residentially, unless one of the following applies:
a. The additional towers or antennas are incorporated into existing
structures such as a church steeple, light pole, power line support
device or similar structure.
b. The residential property is at least five (5) acres in size.
c. If the proposed tower is to replace an existing tower and if the
owner/user of the existing tower agrees to remove the existing
tower within thirty (30) days of the completion of the new or
replacement tower.
3. The applicant shall demonstrate by providing a coverage/interference
analysis and capacity analysis, that location of the tower as proposed is
necessary to meet the frequency reuse and spacing needs of the cellular
or personal wireless communication services systems, and to
provide adequate personal wireless communication orportable cellular
telephone coverage and capacity to areas which cannot be adequately
served by locating the antennas in a less restrictive district or on an
existing structure.
4. If no existing structure that meets the height requirements for the
antennas is available for mounting the antennas, such antennas may be
mounted on a tower not to exceed seventy-five (75) feet in height. The
tower shall be located a distance of at least the height of the tower plus
twenty-five (25) feetfrom the nearest residential structure.
5.The height of a tower may be increased to a maximum of one hundred
twenty five (125)feet if the tower andbase area aredesigned and built
for the co-location of at least one other personal wireless communication
service provider antennas and equipment.
6.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, the owner or
operator shall locate it at least ten (10) feet from the side or rear lot line
and shall landscape and screen it. The community design review board
shall review such a building, and the landscaping and screening.The
owners and operators of all new equipment or utility buildings and
accessory structures for towers shall design and construct such
structures to blend in with the surrounding environment.
7. Towers shall not be located between a principal structure and a public
street, unless the city determines that such a location would lessen the
visibility of the tower or would lessen the negative impacts of such a
facility on nearby properties.
8. The city may reduce or vary the required setback for a tower from a public
street to allow the integration of a tower into an existing or proposed
structure such as a church steeple, light pole, power line support device or
similar structure.
9. Towers shall be built at least ten (10) feet from side and rear property
lines, unless the site is next to a residential property line or next to a
property that the city is planning for a residential use. If the tower would be
next to a residential propertyline or next to a property that the city is
planning for a residential use, then the tower must be located at least the
height of the tower plus twenty-five (25) feet from the nearest residential
structure. The owner or operator shall locate ground equipment and
accessory structures at least ten (10) feet from side and rear property
lines.
10. The owner or operator of any tower shall screen ground-mounted
equipment from view by suitable vegetation, except where a design of
nonvegetative screening betterreflects and complements the character
of the surrounding neighborhood.
11. Tower locations should provide the maximum amount of screening
possible for off-site views of the facility and to lessen the visibility of the
tower.
12. The existing on-site vegetation shall be preserved to the maximum
practicable extent.
13. The community design review board (CDRB) shall make
recommendations on the plans for towers, utility, equipment or accessory
buildings, site plans and proposed screening and landscaping.
14. Towers with antennas shall be designed and constructed to withstand a
uniform wind loading as prescribed by the UBC (Uniform Building Code).
Section 36-607. Construction Requirements, Setback and Height
Restrictions in ZoningDistricts or Locations Other Than Residential.
No person, firm or corporation shall erect a tower in a location other than
residential without first obtaining a conditional use permit from the city
council. Such a tower shall be subject to, but not limited to, the following
conditions:
a. No part of any tower or antenna shall be constructed, located or
maintained at any time, permanently or temporarily, in or upon any
required setback area for the district in which the antenna or tower is to be
located.
b. All antennas, towers and accessory structures shall meet all applicable
provisions of this code and this section.
c. Antennas and towers shall meet the following requirements:
(1) The antennas may be mounted on a single pole or towernot to
exceed one hundred seventy-five (175) feet in height. The pole or
tower shall be setback at least the height of thepole or towerplus
twenty-five (25) feet from any residential lot line.
(2) Metal towers shall be constructed of, or treated with, corrosive
resistant material.
(3) The use of guyed towers is prohibited.
(4) Tower locations should provide the maximum amount of
screening possible for off-site views of the facility and to lessen
the visibility of the tower.
(5) Existing on-site vegetation shall be preserved to the maximum
practicable extent.
(6) The installation shall be designed to be compatible with the
underlying site plan. The owner or operator shall landscape the
base of the tower and any accessory structures. Accessory
structures and equipment buildings shall be designed to be
architecturally compatible with any principal structures on the site.
All new equipment or utility buildings and accessory structures for
towers shall be designed and constructed to blend in with the
surrounding environment.The community design review board
shall review the design plans for towers, utility, equipment orany
accessory structures, site plans and proposed screening and
landscaping.
(7) Towers shall be a light blue or gray or other color shown to
reduce visibility. No advertising or identification visible off-site
shall be placed on the tower or buildings.
(8) Antennas placed upon the tower shall comply with all state and
federal regulations about nonionizing radiation and other health
hazards related to such facilities.
(9) Wireless telephone or personal wireless communication service
antennas, where located on an existing structure shall not extend
more than twenty-five (25) feet above the structure to which they
are attached. Such antennas are a permitted use in all zoning
districts of the city. The city council, after a recommendation from
the community design review board, must approve the plans for
all sets of antennas on a building after the second personal
wireless communication service provider has installed their
antennas on the building.
10) Towers with antennas shall be designed and constructedto
withstand a uniform wind loading as prescribed by the UBC
(Uniform Building Code).
(11) Telecommunications equipment located on the side of an
existing structure or on a roof of a structure shall not be
screened.
(12) Towers shall not be located between a principal structure and a
public street unless the city determines that such a location
would lessen the visibility of the tower or would lessen the
negative impacts of such a facility on nearby properties.
(13) The city may reduce or vary the required setback for a tower
from a public street to allow the integration of a tower into an
existing or proposed structure such as a church steeple, light
pole, power line support device or similar structure.
(14) Towers shall be setback at least ten (10) feet from side and rear
property lines unless the site is next to a residential lot line. If
the tower would be next to a residential property line or next to a
property that the city is planning for a residential use, then the
tower must be located at least the height of the tower plus
twenty-five (25) feet from the nearest residential structure. The
owner or operator shall locate ground equipment and accessory
structures at least ten (10) feet from side and rear property
lines.
(15) The owner or operator of a tower shall screen ground-mounted
equipment from view by suitable vegetation, except where a
design of nonvegetative screening better reflects and
complements the character of the surrounding neighborhood.
(16) Tower locations should provide the maximum amount of
screening possible for off-site views of the facility and to lessen
the visibility of the tower.
(17) The existing on-site vegetation shall be preserved to the
maximum practicable extent.
(18) The community design review board (CDRB) shall make
recommendations on the plans for towers, utility, equipment or
accessory buildings, site plans and proposed screening and
landscaping.
Section 36-608. Lights, Signsand Other Attachments.
No antenna or tower shall have affixed or attached to it in any way any lights,
reflectors, flashers, daytime strobes or steady nighttime light or other
illuminating devices except:
1. Those needed during time of repair or installation,
2. Those required by the Federal Aviation Agency, the Federal
Communications Commission or the city.
3. For towers in parking lots, lights associated with the parking lot lighting.
In addition, no tower shall have constructed thereon, or attached thereto, in
any way, any platform, catwalk, crows nest, or like structure, except during
periods of construction or repair.
No antenna or tower shall have signage, advertising or identification of any
kind visible from the ground or from other structures, except necessary
warning and equipment information signage required by the manufacturer or
by Federal, State or local authorities.
Section 36-609. Removal of Abandoned or Damaged Towers.
Any tower and/or antenna that is not used for one (1) year shall be deemed
abandoned and may be required to be removed in the same manner and
pursuant to the same procedures as for dangerous or unsafe structures
established by Minnesota Statutes, Sections 463.15 through 463.26.
Section 36-610. Co-location of Personal Wireless Communication Service
Equipment.
A. The city shall not approve a requestfor a new personal wireless service
tower unless it can be documented by the applicant to the satisfaction of
the city council that the telecommunications equipment planned for the
proposed tower cannot be accommodated on an existing or approved
tower or commercial building within one-half mile radius, transcending
municipal borders, of the proposed tower due to one or more of the
following:
1. The planned equipment would exceed the structural capacity of
the existing or approved tower or commercial building.
2. The planned equipment would cause interference with other
existing or planned equipment at the tower or building.
3. Existing or approved structures and commercial buildings within
one-half mile radius cannot or will not reasonably accommodate
the planned equipment at a height necessary to function.
4. Theapplicant must demonstrate, by providing a city-wide
coverage/interference and capacity analysis, that the location of
the antennas as proposed is necessary to meet the frequency
reuse and spacing needs of the communication service system,
and to provide adequate coverage and capacity to areas that
cannot be adequately served by locating the antennas in a less
restrictive district or on existing structure.
B. Additional Submittal Requirements. Besides the information required
elsewhere in this code, all conditional use permit applications for towers
also shall include the following information:
1. A letter of intent committing the tower owner and their successors
to allow the shared use of the tower if an additional user agrees to
meet reasonable terms and conditions for shared use.
2. The applicant shall demonstrate that the proposed facility is
necessary to fill a significant existing gap in users coverage or to
accommodate system capacity needs. This documentation shall
include:
a. Coverage maps of all the applicant=sor the providers=
existing antenna sites within one (1) mile of the proposed
facility.
b. A map showing all existing personal wireless
communication service antenna sites within one (1) mile
of the proposed facility.
3. That the proposal is the least intrusive method of achieving the
necessary coverage or additional system capacity in the area and
that other alternatives will not work.
4. That the equipment planned for the proposed tower cannot be
accommodated at any existing tower or antenna facility. The city
may find that a co-location site cannot accommodate the planned
equipment for the following reasons:
a. The planned equipment would exceed the structural
capacity of the preferred co-location site, and the
preferred co-location site cannot be reinforced, modified
or replaced to accommodate the planned equipment or its
equivalent at a reasonable cost, as certified by a qualified
radio frequency engineer;
b. The planned equipment would significantly interfere with
the usability of existing or approved equipment at the
preferred co-location site and the interference cannot be
prevented at a reasonable cost, as certified by a qualified
radio frequency engineer;
c. A preferred co-location site cannot accommodate the
planned equipment at a height necessary to function
reasonably, as certified by a qualified radio frequency
engineer; or
d. The applicant, after a good-faith effort, is unable to lease,
purchase or otherwise secure space for the planned
equipment at an existing antenna location.
The city may require the applicant to hire or pay for a study
or other research by a qualified radio frequency engineer to
determine the need for the proposed tower.
5. Materials or documentation demonstrating to the city that the
applicant has made a good faith effort to co-locate on existing
towers but they could not reach an agreement to co-locate on an
existing tower.
6. Design information and documentation showing how the applicant,
owner or operator of the tower has designed structurally,
electrically and in all respects the tower to accommodate both the
applicant=s antennas and the antennas for at least two (2)
additional users if the tower is equal to or more than one hundred
(100) feet in height in all locations or for at least one (1) additional
user if the tower is equal to or more than seventy-five (75) feet in
height. The applicant and owner must design and install a new
tower to allow for the maximum future arrangement of antennas on
the tower, to accept antennas mounted at varyingheights and to
accommodate the equipment and other needs of future users.
7. Photo-illustrations or similar-styled artist=s renderings of the
proposed tower and base site that show the appearance of the
proposed tower and the proposed ground equipment or buildings
after the contractor completes them.
Section 36-611. Interference with Public Safety Telecommunications.
All new or existing telecommunications service and equipment shall meet or
exceed all Federal Communication Commission (FCC) standards and
regulations and shall not interfere with public safety telecommunications.
Section 36-612. Additional Submittal Requirements.
Besides the information required elsewhere in this Code, building permit
applications for towers shall include the following supplemental information:
(1) A report and plans from a qualified and registered engineer or others that:
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 co-located antennas and the minimum separation
distances between antennas.
c. Describes the tower=s capacity, including the number and type of
antennas that it can hold.
d. Includes an engineer=s stamp and registration number, if
applicable.
e. Includes all other information necessary for the city to evaluate the
request.
Section 36-613. Variances.
The City Council may grant variances to the requirements of this section. All
variances must follow the provisions of Minnesota Statutes, Chapter 462. For
variances regarding antennas and towers, the applicant must show the city
the following:
1. There are unique circumstances or characteristics peculiar to the property
and that the provisions of this code would inflict undue hardship on the
property owner or applicant.
2. The property cannot be developed or put to a reasonable use by strictly
conforming with the city code.
3. The applicant or property owner did not create or cause the hardship.
4. The proposed variance will not alter the essential character of the area or
the zoning district.
5. The proposed variance is the minimum variance that will afford relief from
the city code standards.
6. The variance would be in keeping with the spirit and intent of the
ordinance.
The applicant for a variance for an antenna or tower related matter
shall submit with their variance application a statement showing how
the proposal would meet these findings.
Section 2.This ordinance shall take effect after the city council approves it and
the official newspaper publishes it.
Passed by the City Council of the
City of Maplewood, Minnesota,
on the 23rdday of April,2001