97-011 ORDORDINANCE 97- 11
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTIONS 900.08 AND 900.12 OF THE
CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO
DEFINITIONS AND PERMITTED, ACCESSORY AND CONDITIONAL
USES IN THE AT (ANTENNA TOWER OVERLAY DISTRICT)
CASE NO. OA 97- 7
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.08 of the City of Elk River Code of Ordinances titled
"Definitions" is hereby amended by adding the following 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 satelhte dishes, and omni-
directional antennas, such as whip antennas.
Commercial Wireless Telecommunication Service - Licensed commercial
wireless telecommunication services including cellular, personal
communication services (PCS), speciahzed 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.
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.
Section 2. Section 900.12 (19) of the City of Elk River Code of Ordinances
titled "Permitted, Accessory, and Conditional Uses" is hereby amended to
read as follows:
Section 900. 12 (19) Antenna Tower Overlay District
A. 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
suitability of a rezoning request to Antenna Tower Overlay District based on
criteria which includes the following:
1. The compatibihty of the rezoning request with surrounding land uses
o
That the proposed rezoning is necessary in order to provide effective
wireless telecommunication coverage for the City
o
The rezoning is in accordance with the Comprehensive Plan 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.
B. Findings
In order to accommodate the communication needs of residents and
businesses while protecting the public health, safety, and general welfare,
the Council finds these regulations necessary in order to:
Estabhsh standards which permit a reasonable and equitable
opportunity for the establishment of wireless telecommunication
service in the City;
o
Avoid potential damage to adjacent properties from tower failure
through structural standards and setback requirements;
o
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;
o
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
community.
C. 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 as a conditional use 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.
D. Co-Location Requirements
All commercial wireless telecommunication towers erected, constructed, or
located within the City shall comply with the following requirements:
A proposal for a new commercial wireless communication service tower
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:
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.
bo
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
reasonable cost.
Co
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.
do
Other unforeseen reasons that make it not feasible to
locate the planned telecommunications equipment upon
an existing or approved tower, building or structure.
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.
D. Construction Requirements
All antennas erected, constructed, or located within the City shall comply
with the following requirements:
1. All apphcable provisions of this code.
o
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.
o
With the exception of necessary electric and telephone service and
connection hnes 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.
Towers and theft antennas shall be designed to conform with accepted
electrical engineering methods and practices and comply with the
provisions of the National Electrical Code.
o
All signal and remote control conductors of low energy extending
substantially horizontally above the ground between a tower or
antenna and a structure, or between towers, shall be at least eight feet
above the ground at all points, unless buried underground.
o
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.
o
Metal towers shall be constructed of, or treated with, corrosive
resistant material.
o
Only one tower shall exist at any one time on any lot or parcel. The
minimum lot size requirement shall be one acre.
E. Design Standards
Ail antennas erected, constructed, or located within the City shall comply
with the following requirements:
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.
Commercial wireless telecommunication service towers shall be of a
monopole design unless the City Council determines that an
alternative design is preferred.
F. Signs and Advertising
No advertising, logos or identification of any kind is permitted, except as
may be required by Federal and State authorities.
G. Accessory Structures and Equipment
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.
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.
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.
H. 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 fLxtures used to illuminate ball fields, parking lots, or similar areas may
be attached to the tower at the City's discretion.
I. Tower Setbacks and Tower Height
Towers shall conform with each of the following requirements:
Towers shall not be located between a principal structure and a public
street.
o
Towers shall meet setback requirements, equal to the height of the
tower, from all property lines.
o
The maximum height of any tower, including antennas and other
attachments, shall not exceed 150 feet.
The height of a tower may be increased by 24 feet to accommodate
each additional user above those required by co-location up to a
maximum height of 198 feet.
J. 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.
K. 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.
L. 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:
The telecommunication provider demonstrates that
participation in EAS is not technologically feasible;
The telecommunication provider is unable to acquire any FCC
waiver or exemption from licensing or other regulations that
would prohibit participation in EAS; or
The state or regional EAS planning committee determine that
participation by the telecommunication provider is not
necessary.
M. 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:
A report from a qualified and licensed professional engineer that
provides the following:
Describes the tower and/or antenna height and design
including a cross section and elevation;
Documents the height above grade for all potential
mounting positions for co-located antennas and the
minimum separation distances between antennas;
Co
Describe the tower's capacity, including number and type
of antennas that can be accommodated;
do
Documents what steps the applicant will take to avoid
interference with established public safety
telecommunications;
eo
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.
°
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.
N. Antennas Mounted on Roofs, Walls, and Existing Towers
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:
ao
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.
bo
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.
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:
ao
A site plan application which includes the location of the
proposed antennas on the structure and elevations;
bo
An application for a building permit, and
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 af£Lxing
antenna to the structure. Complete details of all £Lxtures
and couplings, and the precise point of attachment shall
be indicated.
O. Abandoned or unused Portions of Towers
Abandoned or unused towers or portions of towers and accompanying
accessory facilities shall be removed as follows:
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 facihties may be
removed by the City and the costs of removal assessed against the
property.
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.
Section 3. That this Ordinance shall take effect and be in full force from
and after the date of its publication.
Passed and adopted by the City Council of the City of Elk River this /~ ~ay
of ,~,r/~ , 1997.
/d~enr~/t~. Duitsr~a'~, M'ayor
ATTEST:
'Sandra A. Thackeray, City Clerk
Affidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
6-v0
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being duly sworn, on oath says that she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified ne~spaper, as provided
by Minnesota Statute 331A.02, 331A.07, and oth':lr applicable
laws, as amended. {) ~
(B)Theprinted l ~ /)dL~--I'lfLJ Cf 7 - II
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I suc-
ks; it was first published on Wednesday, the ~
day of , 19~, and was thereafter
printed Q published on every Wednesday to and including
Wednesday, the _ day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a bed e fgh ij klm n 0 p qrstu vwxy z
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ed and sworn to before me on this
, 193.1.
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, CINDY M ' ,>"
) NOTARY PUSl ;~~~i~::,I~~~~~;
" MY COMMISSION'" '- ": ~:.,
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day of
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Notary Pu c
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
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ORDINANCE 97.11
CITY OF ELK RIVER
AN. ORDINANCE .AMENDING
SEC'ftONS 9OO.08.AND 900.12 OF.
'IDE CITY OF ELK RIVER CODE
OF ORDINANCES RELATING TO
D.. ONSAND PERMITJED,
A . SORY AND CONDITION.
AT (ANTENNA .
DIS'lRICT) .
..OA97.7 . .,.
of the CitY of Elk
Ri oes ere 'Y ord.l;.;n . as follows: ,
RAcl;j inl 1. Section 900.0B of the City
of Elk de of Ordinances titled
"D..tinitio is hereby &meIl,ded by
adding the 0 oWing definitions: .
Antenn.a.-Any. structure or ~eVlBe
used for the purpose.of collecting r;lr
transmitting electromagnetic waves,
including but not limited to direction-
al antennas, such as panels,
microwave dishes, and satellite dish-
ea.. jnd .omnidirec;tional' antennas,
su'
~dr'.. '0
'~zed;i:Jl~b"
, mgand shDilai-
keted to the generalpublic; .. ..
Public Utility..--Persons,corporations
or . governments supplying gas, elec-
tric, transportation,water,;sewer.or
land line telephone service to tbeg~-
era! public..For thep~ose?fthis
ordinance,' < . commerCial ....Wlreless
telecommunication.... servicefaci1itie.s
shall.p.~tbeCO:nsi!ie~dpublic.uti1itr
.....~~;,.QdJ 1!I'e(!ie1in~dsepara~y."".,...
~~~.,~~i)Q~~
p()Ie<f',8Pir~t.n1~e'()l"~bjl:la~on
.thereoftaller than.15~eet..~pluding
supporting lines, cables, wire~, Oraces,
and masts intended primarily for the
purpose of mounting an antenna,
meteorological device, or similar appa-
ratus above grade.
Section 2. Section 900.12 (19) of the
City of Elk River Code of Ordinances
titled "Permitted, Accessory, and Con-
ditional Uses" is hereby amended to
read as follows:
Section 900.12 (19) Antanna
'lbwer Ovel'lav Di stri ct
A. Purpose
The purpose of the Antenna Tower
Overlay District is to protect the pub-
lic health, safety, general welfare, and
to accommodate the telecommunica-
tion needs of residents and businesses
by providing a specific zoning district
for the use of land for the establish-
ment 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 suitability of a rezonipg request to
Antenna Tower Overlay District based
on criteria which includes the follow-
ing:
1. The compatibility of the rezoning
request with surrounding land uses
2. That the proposed rezoning is nec-
essary in order to provide effective
wireless telecommunication coverage
for the City
3. The rezoning is in accordance with
the Comprehensive Plan 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.
B. Findings
In order to accommodate the commu-
nication needs of residents and busi-
nesses 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 opportuni-
ty for the establishment of wireless
telecommunication service in the City;
2. Avoid potential damage to adja-
cent properties from tower failure
through structural standards and set-
back requirements;
3. Minimize adverse visual effects of
towers through careful design and sit-
ing standards which attempt to screen
and/or camouflage towers and anten-
nas from adjacent private and public
property;
4. Maximize the use of existing and
approved towers, buildings and other
structures to accommodate new wire-
less telecommunication antennas in
order to reduce the number of towers
needed to serve the community.
C.Use&
The Antenna 'lbwer 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 applica-
ble in the underlying district. In addi-
tion tBtr.e uBesallowedirl~the under-
lyipg district, the following uses shall
be allowed as a conditional use in the
AT:
Antenna arrays, including radio,
television, commercial wireless
telecommunication, and microwave
transmitting and re'Ceiving "8quip.
ment, supporting towers, buildings
and enclosures accessory to the tower
and antennas.
D. Co.Location Requirements
All commercial wireless telecommu-
nication 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
shall not be approved unless the City
finds that the telecommunications
equipment planned for the proposed
tower cannot be accommodated on an
existipg 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 to~rs under SO 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 quali-
fied and licensed professional engi-
neer, 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 impact-
ing the usability of other existing or
planned equipment at the tower,
building or structure as documented
by a qualified and licensed profession-
al engineer and the interference can-
not be prevented at a reasonable cost.
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 profess;onal engineer.
d. Other unforeseen reasons that
make it not feasible to locate the
planned telecommunications equip-
ment upon an existing or approved
tower, building or structure.
2. Any proposed wireless telecommu-
nication service tower shall be
designed, structurally, electrically and
in all respects constructed, to accom-
modate 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. 'lbwers
must be designed to allow for future
arrangement of antennas upon the
tower and to accept antennas mounted
at varying heights.
D. Construction Requirements
All antennas erected, constructed, or
located within the City shall comply
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 Uni-
form Building Code and the Electron-
ics Industry Association and all other
applicable reviewing agencies.
3. With the exception of necessary
electric and telephone service ~d con-
nection lines approved by the City, no
part of any antenna or tower nor any
lines, cable, equipment or Wlre 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 provi-
sions of the National Electrical Code.
5. All signal and remote control con.
ductors of low energy extending sub-
stantially horizontally above the
ground between a tower or 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 sup-
porting equipment shall be enclosed
by an eight foot high chain link fence
with a locked gate. ~
7. Metal towers shall b constructed
of, or treated with, corros ve resistant
material.
8. Only one tower shall exist at any
one time on any lot or par 1. The min-
imum lot size requirement shall be
one acre.
E. Design Standards
All antennas erected, constructed, or
located within the City shall comply
with the following requirements:
1. 'lbwers and antennas shall be
designed to blend into the surrounding
environment through the use of build-
ing materials, color, textures, camou-
flaging 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 telecommu-
nication service towers shall be of a
monopole design unless the City
Council determines that an alterna-
F. Signs and Advertising
No advertising, logos or identifica-
tion of any kind is permitted, except as
may be required by Federal and State
authorities.
G. 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 acceseory buildings or structures
shall. be architecturally designed to
blend in with the surrounding envi-
ronment.
2. The use of compatible materials
such as wood, brick, or stucco is
required for associated support build-
ings. Equipment located on the roof of
an existing building shall be screened
from public view with building materi-
als identical to or compatible with
existing materials.
3. Ground mounted structures shall
be screened from view by suitable veg-
etation, 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.
H. IDumination
Towers and antennas ehall not be
illuminated or display strobe lights
unless specifically required by the
Federal Aviation Administration or
other Federal or State authority.
When incorporated int;o. the approved
design of the tower, light fixtures used
to illuminate ball fields, parkipg lots,
or similar areas may be a.~tached to
the tower at the City's discretion.
I. lOwer Setbacks and lOwer
Height
'lbwers shall conform with each of
the following requirements:
1. Towers shall not be located
between a principal structure and a
public street.
2. 'Thwers shall meet setback
requirements, equal to the height of
the tower, from all property lines.
3. The maximum height of any
tower, including antennas and other
attachments, shall not exceed 150 feet.
4. The height of a tower may be
increased by 24 feet to accommodate
each additional user above those
required by co-location up to a inaxi-
mum height of 198 feet.
J. 'lime Limit on 'lbwer Comple-
tion
Once a tower is approved by the City,
the tower must be substantially com-
pleted within one year, including any
structures accompanying the tower,
following the date of tower approval.
K. Interference with Public Safe-
ty 'Thlecommunications
No new or existing telecommunica-
tion service shall interfere with public
safety telecommunication. All applica-
tions for new service shall be accom-
panied by an intermodulation study
which provides a technical evaluation
of existing and proposed transmis-
sions and indicates all potential inter-
ference problems. Before the introduc-
tion of new service or changes in exist-
ing service, telecommunication
providers shall notify the City at least
10 calendar days in advance of such
changes and allow the City to monitor
in,terference levels duripg the testing
process.
L. 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 com-
munications 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 participation in
EAS is not technologically feasible;
2. The telecommunication provider is
unable to acquire any FCC waiver or
exemption from licensing or other reg-
ulations that would prohibit participa-
tion in EAS; or
3. The state or regional EAS plan-
ning committee determine that partic-
ipation by the telecommunication
provider is not necessary. .
M. Additional Submittal
Requirements
In addition to the information
required elsewhere in this code, devel-
opment 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 anten-
na height and design including a cross
section and elevation;
b. Documents the height above grade
for all potential mountinl!' positions for
c:o-located teDhu .
~epara .. \\.. .'s
<J.:j.as;,,\ .' ..
.;.,c. DesCribe t
. ctudili cfifunbe
s t e
ts
ed>rooftbat the proposed tower com-
plies with ~egulatio~s .administered by
theli'ed.eralAviation Administration
and the FCC; and ' .
f. Demonstrates the tower's and/or
antennas compliance with all appliea"'
ble s~ruct1.lraland electrical stan-
dlU'ds, anti illclud,esan engilleer~
.sta:tnpi'lD;dr~stration number.
2. For . . all .. cOm.mercial .wirele~s
. . telecommunil!ationtowers,alet~r of
intent eommitting> the ..' .tower owner
, and .his or her successors to allow the
shared use of the tower if an addition-
alu~er agrE!E!Sut~t~ll'tomeettelt:
sonabletet:01s~dcpnditi~ns . tor
, shared use.. .,.. ..... " < ... \. . . ..... .... ','
N. :Antennas. Mounted on Roofs,
walls, and Existillg 'lbwel's. .' ........,
:1. The.. placement. of' wireless
telecoDUJiunication antennas. on roofs,
walls, and existing. towers may be
approved administratively,. without
requiring rezoning to Antenna Tower
Overlay District, provided the anten-
nasmeet all applicable~equirements
o(this CQde and the following:
a. ThemaximuIn height of an anten"'
Mshall notexoeed 15 feet above the
rQGf and shall be. set back at least 10
fe.et from the roof edge.
b.'Wallor facade mounted antennas.
Inaynot extend, 5 feet above the cor-
nice'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, walle 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 eleva-
tions;
b. An application for a building per-
mit, 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 anten-
na to the structure. Complete details
of all fixtures and couplings, and the
precise point of attachment shall be
indicated.
O. Abandoned or unused Por-
tions of 'lbwers
Abandoned or unused towers or por-
tions of towers and accompanying
accessory facilities shall be removed
as follows:
1. All abandol'led or unused towers
and associated facilities shall be
removed within 12 months of the ces-
sation 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 aseessed against the prop-
erty.
2. Unused portions of towers above a
manufactured connection shall be
removed within 6 months of the time
of antenna relocation. The replace.
ment of portions of a tower previously
removed requires the issuance of a
new conditional use permit.
SActi on 3. That this Ordinance
shall take effect and be in full force
from and after the date of its publica-
tion.
Passed- and adopted by the City
Council of the City of Elk River this
19th day of May, 1997.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
(Jn4)