6.1 r 1 ITEM 6.1.
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MEMORANDUM
J1kRiver TO: Planning Commission
FROM: Scott Harlicker, Planning Assistan ��
DATE: March 25, 1997
SUBJECT: Discussion on Draft Ordinance
Regarding Communication Towers
Issue
Discussion of a draft ordinance amendment regulating towers and antennas.
After researching what other communities are doing, staff put together a
draft amendment addressing the issues that came up during the review of
APT's and AT&T's tower applications as well as those that were common in
other communities. Attached is a copy of the draft amendment; staff is
looking for your comments so that they can be incorporated into a proposed
amendment.
• Background
On February 18 the City Council ordered public hearings be held on a
proposed moratorium for the construction of new towers. They also directed
staff that no permits or approvals be granted pending the public hearings.
The public hearings for the Planing Commission will be scheduled for the
Commission's April meeting and the City Council's third meeting in May.
The proposed moratorium was initiated in order to allow time to research and
amend the city's current ordinance regarding the construction of antenna
towers within the city.
Currently Sherburne County and the City of Zimmerman have moratoriums
in place and are working on amending their codes to address antenna towers.
APT is currently investigating several sites in the Zimmerman area for
another tower location. The City of Ramsey currently has a moratorium in
place and the Planning Commission is considering a proposed ordinance
amendment regulating antenna towers on their April 11 meeting.
Proposed Ordinance
Staff is suggesting that the revised ordinance work within the existing
framework, that being a rezoning to Antenna Tower Overlay District (AT)
• and a conditional use permit for the actual tower. That process would stay
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo To Planning Commission Page 2
March 25, 1997
• the same; however, performance standards would be added to address the
issues that have come up during the review of APT's and AT&T's requests for
cellular towers and antennas.
Antenna Tower Overlay District
The AT would allow the construction of towers anywhere in the city. The
criteria for rezoning would be the following:
• The compatibility of the rezoning request with surrounding land uses
• That the proposed rezoning is necessary in order to provide effective
wireless telecommunication coverage for the City
This will allow some flexibility in located towers based on adjacent land uses
and service area requirements.
Co-Location
To encourage co-location, all commercial wireless telecommunication towers
would be required to provide for co-location for additional users based on the
proposed height of the tower. Towers 100 feet and higher would be required
• to provide for 2 additional users and towers 60 to 100 feet would be required
to provide for one additional user. Applicants would have to prove that the
proposed antennas can not be accommodated on an existing or approved
tower within a one mile search radius (1/2 mile for towers under 120 feet and
1/4 mile for towers under 80 feet).
In addition to the above requirements, requests to locate on existing or
approved structures could be approved administratively without requiring a
conditional use permit or a rezoning to AT. The request would require site
plan review and a building permit and would still have to comply with all
applicable sections of the code.
Construction and Design Requirements
Towers and antennas would be required to meet certain construction and
design standards. Construction requirements include compliance with
building and electrical codes, security measures, and one tower per parcel
with a minimum lot size of one acre. Design requirements include designing
the tower to blend in with the surrounding environment and requiring a
mono pole design. No signs or advertising would be allowed and illumination
would be limited to what was required by federal or state statute.
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Memo To Planning Commission Page 3
March 25, 1997
• Tower Setbacks and Height
It is recommended that the towers be setback a distance equal to the height
of the tower and the height should not exceed 150 feet. Height of the tower
could be increased in order to accommodate additional users.
Engineer's Report
A report from a qualified licensed engineer would be required. In this report
information regarding structural integrity, co-location positions, steps taken
to avoid interference and compliance with federal regulations will be
provided.
Abandoned and Unused Towers
All abandoned or unused towers will have to be removed within 12 months of
cessation of operation. If the tower is not removed, the tower and associated
facilities may be removed by the city and assessed against the facility.
•
•
• Antenna Tower Overlay District
Purpose
The purpose of the Antenna Tower Overlay District is to protect the public
health, safety, general welfare, and to accommodate the telecommunication
needs of residents and businesses by providing a specific zoning district for
the use of land for the establishment and operation of wireless
telecommunication towers. Since this use is unique, a special zoning district
is appropriate, and the City of Elk River reserves the right to determine the
suitabliity of a rezoning request to Antenna Overlay District based on the
following:
1. The compatibility of the rezoning request with surrounding land uses
2. That the proposed rezoning is necessary in order to provide effective
wireless telecommunication coverage for the City
Wireless telecommunication towers shall not be permitted nor conditional
uses in any other zoning district. This section shall apply to all towers over
• 60 feet in height.
Findings
In order to accommodate the communication needs of residents and business
while protecting the public health, safety, and general welfare, the Council
finds these regulations necessary in order to:
1. Establish standards which permit a reasonable and equitable
opportunity for the establishment of wireless telecommunication
service in the City;
2. Avoid potential damage to adjacent properties from tower failure
through structural standards and setback requirements;
3. Minimize adverse visual effects of towers through careful design and
siting standards which attempt to screen and/or camouflage towers
and antennas from adjacent private and public property;
4. Maximize the use of existing and approved towers, buildings and other
structures to accommodate new wireless telecommunication antennas
in order to reduce the number of towers needed to serve the
4IPcommunity.
Antenna Tower Overlay District Page 2
March 25, 1997
• Uses
The Antenna Tower Overlay District (AT) is an overlay zoning district; land
zoned into the AT will also maintain its original zoning classification. All
permitted, accessory, and conditional uses allowed in the underlying zoning
district will continued to be allowed on land rezoned to AT, subject to all
restrictions and requirements applicable in the underlying district. In
addition to the uses allowed in the underlying district, the following uses
shall be allowed in the AT:
Antenna arrays, including radio, television, commercial wireless
telecommunication, and microwave transmitting and receiving equipment,
supporting towers, buildings and enclosures accessory to the tower and
antennas.
Co-Location 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 communication service tower
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shall not be approved unless the City finds that the
telecommunications equipment planned for the proposed tower cannot
be accommodated on an existing or approved tower, building or other
structure within a one mile search radius (one half mile search radius
for towers under 120 feet in height, one quarter mile search radius for
towers under 80 feet in height) 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, building or
structure, as documented by a qualified and licensed
professional engineer, and the existing or approved tower
or structure cannot be modified, reinforced 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, building or structure as
documented by a qualified and licensed professional
engineer and the interference cannot be prevented at a
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reasonable cost.
Antenna Tower Overlay District Page 3
March 25, 1997
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c. Existing or approved towers, buildings or structures
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.
d. Other unforeseen reasons that make it infeasible to locate
the planned telecommunications equipment upon an
existing or approved tower, building or structure.
2. Any proposed wireless telecommunication service tower shall be
designed , structurally, electrically and in all respects constructed, to
accommodate both the applicant's antennas and comparable antennas
for at least two additional users if the tower is over 100 feet in height
or for at least one additional user if the tower is more over 60 feet in
height. Towers must be designed to allow for future arrangement of
antennas upon the tower and to accept antennas mounted at varying
heights.
Construction Requirements
All antennas erected, constructed, or located within the City shall comply
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with the following requirements:
1. All applicable provisions of this code.
2. Towers and their antennas shall be certified by a qualified and
licensed professional engineer to conform to the latest structural
standards and wind loading requirements of the Uniform Building
Code and the Electronics Industry Association and all other applicable
reviewing agencies.
3. With the exception of necessary electric and telephone service and
connection lines approved by the City, no part of any antenna or tower
nor any lines, cable, equipment or wire or braces in connection with
either shall at any time extend across or over any part of any right-of-
way, public street, highway, sidewalk, or property line.
4. Towers and their antennas shall be designed to conform with accepted
electrical engineering methods and practices and comply with the
provisions of the National Electrical Code.
5. All signal and remote control conductors of low energy extending
IIIsubstantially horizontally above the ground between a tower or
Antenna Tower Overlay District Page 4
March 25, 1997
• antenna and a structure, or between towers, shall be at least eight feet
above the ground at all points, unless buried underground.
6. All towers shall be protected against unauthorized climbing. The
bottom of the tower (measured from ground level to 12 feet above
ground level) shall be constructed in such a manner to preclude
unauthorized climbing. The tower, antenna and supporting equipment
shall be enclosed by an eight foot high chain link fence with a locked
gate.
7. Metal towers shall be constructed of, or treated with, corrosive
resistant material.
8. Only one tower shall exist at any one time on any lot or parcel. The
minimum lot size requirement shall be one acre, unless the
underlying zoning is more restrictive.
Design Standards
All antennas erected, constructed, or located within the City shall comply
with the following requirements:
• 1. Towers and antennas shall be designed to blend into the surrounding
environment through the use of building materials, color, textures,
camouflaging architectural treatment, screening and landscaping,
except in instances where the color is dictated by federal or state
authorities such as the Federal Aviation Administration.
2. Commercial wireless telecommunication service towers shall be of a
monopole design unless the City Council determines that an
alternative design is preferred.
Signs and Advertising
No advertising, logos or identification of any kind is permitted, except as
may be required by Federal and State authorities.
Accessory Structures and Equipment
1. All accessory equipment related to towers and antennas must be
housed within a structure. Existing structures shall be used whenever
possible. Any new accessory buildings or structures shall be
architecturally designed to blend in with the surrounding
• environment.
Antenna Tower Overlay District Page 5
March 25, 1997
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2. The use of compatible materials such as wood, brick, or stucco is
required for associated support buildings. Equipment located on the
roof of an existing building shall be screened from public view with
building materials identical to or compatible with existing materials.
In no case shall wooden fencing be used as a rooftop equipment screen.
3. Ground mounted structures shall be screened from view by suitable
vegetation, except where a design of non-vegetative screening better
reflects and compliments the architectural character of the
surrounding area. Removal of existing vegetation shall be minimized
through careful site selection and design.
Illumination
Towers and antennas shall not be illuminated or display strobe lights unless
specifically required by the Federal Aviation Administration or other Federal
or State authority. When incorporated into the approved design of the tower,
light fixtures used to eliminate ball fields, parking lots, or similar areas may
be attached to the tower.
Tower Setbacks
0 Towers shall conform with each of the following requirements:
1. Towers shall not be located between a principal structure and a public
street.
2. Towers shall meet setback requirements, equal to the height of the
tower, from all property lines.
Tower Height
1. The maximum height of any tower, including antennas and other
attachments, shall not exceed 150 feet.
2. The height of a tower may be increased by 25 feet to accommodate
each additional user above those required by co-location.
Time Limit on Tower Completion
Once a tower is approved by the City, the tower must be substantially
completed within one year, including any structures accompanying the tower,
following the date of tower approval.
•
Antenna Tower Overlay District Page 6
March 25, 1997
• Interference with Public Safety Telecommunications
No new or existing telecommunication service shall interfere with public
safety telecommunication. All applications for new service shall be
accompanied by an intermodulation study which provides a technical
evaluation of existing and proposed transmissions and indicates all potential
interference problems. Before the introduction of new service or changes in
existing service, telecommunication providers shall notify the City at least 10
calendar days in advance of such changes and allow the City to monitor
interference levels during the testing process.
Support of Public Warning Systems
Telecommunication providers that utilize antennas erected after the effective
date of this ordinance shall participate in the Emergency Alert System (EAS),
as defined by FCC Rules and Regulations, Part 11, by broadcasting warnings
of severe weather and other life threatening emergencies to users of personal
communications equipment served by the antennas. Telecommunication
providers may be exempt from the requirements of this section under the
following circumstances:
1. The telecommunication provider demonstrates that
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participation in EAS is not technologically feasible;
2. The telecommunication provider is unable to acquire any FCC
waiver or exemption from licensing or other regulations that
would prohibit participation in EAS; or
3. The state or regional EAS planning committee determine that
participation by the telecommunication provider is not
necessary.
Additional Submittal Requirements
In addition to the information required elsewhere in this code, development
applications for towers and/or antennas shall include the following
supplemental information:
1. A report from a qualified and licensed professional engineer that
provides the following:
a. Describes the tower and/or antenna 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;
Antenna Tower Overlay District Page 7
March 25, 1997
• c. Describe the tower's capacity, including number and type
of antennas that can be accommodated;
d. Documents what steps the applicant will take to avoid
interference with established public safety
telecommunications;
e. Proof that the proposed tower complies with regulations
administered by the Federal Aviation Administration and
the FCC; and
f. Demonstrates the tower's and/or antennas compliance
with all applicable structural and electrical standards,
and includes an engineers stamp and registration
number.
2. For all commercial wireless telecommunication 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.
• Antennas Mounted on Roofs,Walls, and Existing Towers
1. The placement of wireless telecommunication antennas on roofs, walls,
and existing towers may be approved administratively, without
requiring rezoning to Antenna Tower Overlay District, provided the
antennas meet all applicable requirements of this code and the
following:
a. The maximum height of an antenna shall not exceed 15
feet above the roof and shall be set back at least 10 feet
from the roof edge.
b. Wall or facade mounted antennas may not extend 5 feet
above the cornice line and must be constructed of a
material which matches the exterior of the building or
structure.
2. In addition to the submittal requirements found elsewhere in this code,
an application for antennas mounted on roofs, walls and existing
towers shall be accompanied by the following information:
• a. A site plan application which includes the location of the
proposed antennas on the structure and elevations;
Antenna Tower Overlay District Page 8
March 25, 1997
• b. An application for a building permit, and
c. A report prepared by a qualified and licensed professional
engineer indicating the structure or tower's suitability to
accept the antenna, and the proposed method of affixing
antenna to the structure. Complete details of all fixtures
and couplings, and the precise point of attachment shall
be indicated.
Abandoned or unused Portions of Towers
Abandoned or unused towers or portions of towers and accompanying
accessory facilities 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. In the event
that tower is not removed within 12 months of the cessation of
operations at the site, the tower and associated facilities may be
removed by the City and the costs of removal assessed against the
property.
2. Unused portions of towers above a manufactured connection shall be
• removed within 6 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.
Definitions
Antenna - Any structure or devise used for the purpose of collecting or
transmitting electromagnetic waves, including but not limited to directional
antennas, such as panels, microwave dishes, and satellite dishes, and omni-
directional antennas, such as whip antennas.
Commercial Wireless Telecommunication Service - Licensed commercial
wireless telecommunication services including cellular, personal
communication services (PCS), specialized mobilized radio (SMR), enhanced
specialized mobilized radio (ESMR), paging and similar services that are
marketed to the general public.
Public Utility - Persons, corporations or governments supplying gas,
electric, transportation, water, sewer, or land line telephone service to the
general public. For the purpose of this ordinance, commercial wireless
telecommunication service facilities shall not be considered public utility
• uses, and are defined separately.
Antenna Tower Overlay District Page 9
March 25, 1997
IP° Tower - Any ground or roof mounted pole, spire, structure, or combination
thereof taller than 15 feet, including supporting lines, cables, wires, braces,
and masts intended primarily for the purpose of mounting an antenna,
meteorological device, or similar apparatus above grade.
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