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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