4.d DraftWirelessOrdinanceUPdate ChangesOrdinance 122, the City of Scandia Development Code,
Chapter Two, Section 4.31, Wireless Communication Antennas and Towers
1.1 Wireless Communication Antennas and Towers
(1) Purpose. The purpose of this Section is to:
(A) Accommodate the communication needs of residents and businesses while
protecting public health and safety;
(B) Minimize adverse visual effects of towers through careful design and siting
standards;
(C) Avoid potential damage to adjacent properties from tower failure through
structural standards and setback requirements;
(D) Maximize the use of existing and approved towers and buildings to
accommodate multiple wireless telecommunication antennas to reduce the
number of towers needed to serve the community.
(2) Conditional Use Permits.
(A) The following may be allowed with the issuance of a conditional use permit,
provided the conditions contained in this Chapter are met:
1. The construction of a new tower in excess of 35 feet.
2. Satellite dish antenna(s) larger than two meters in diameter.
3. The addition of a new antenna or other equipment on an existing permitted
tower that creates a substantial change, as defined under item (3) of this
section, below.
4. The construction of a new tower attached to an existing building and
extending 15 feet above the highest point of that building.
5. The construction of a tower within the easement of a high voltage
overhead transmission line, or within 50 feet of the transmission line
easement on the same side of the road.
(B) A conditional use permit is not required for the following:
1. Household radio, television and short-wave radio receiving antenna(s), or
tower(s) attached to a residential structure, extending less than 15 feet
above the highest point of that structure.
2. Amateur radio antennas and towers, provided that the conditions contained
in Subsections 67(A); 89(H), (I) and (J); 910 (C), (D), (G), (H), (I), (J) and
(N); and 12 are met.
3. The construction of a new tower attached to an existing building,
extending less than 15 feet above the highest point of that building.
(3) Administrative Permit
(A) The following may be allowed with the issuance of an Administrative Permit,
provided the conditions contained in this Chapter are met:
1. The addition of a new antenna, Aadjustment, repair, or replacement of an
antenna or other equipment that is equivalent to the existing equipment on
an existing tower.does not create a substantial change to an existing
permitted tower. “Substantial change” to an existing tower means the
following:
a. On an existing tower that is outside the public right-of-way, the new
or replacement antenna or equipment can increase the height of the
tower up to twenty feet (20’) before it is a “substantial change.” For
towers within a public right-of-way, the height of the tower can be
increased up to ten feet (10’) before it is a substantial change.
b. On an existing tower, new or replacement equipment can increase
the width of the tower up to twenty feet (20’) at the height where it
will be replaced before it is considered a substantial change when the
tower is outside the public right-of-way. For towers within the right-
of-way, the width of the tower can be increased up to six feet (6’)
before it is considered a substantial change.
(4) Nonconformity.
Any existing tower that becomes non-conforming as a result of the adoption of this
Chapter may continue its use and additional antennas may be attached to the tower
structure. If the tower needs to be replaced, it may be permitted with an administrative
permit so long as it is of the same type (guyed, self-supporting or monopole), same
height, same marking (lighting and painting) and it will be located within ten (10) feet
of the tower to be replaced. The only permitted reasons for replacement of an existing,
nonconforming tower will be to increase the number of antennas or to preserve the
structural integrity of the structure. If a tower requires replacement for any other
reason, such replacement tower shall meet all of the standards of this Chapter.
(5) Variance.
(A) A variance from any requirement of this section may be sought by the
applicant and heard in accordance with the procedures, but not the standards,
set forth in Chapter One of this Development Code.
(B) The criteria for granting a variance under this section shall be: presentation of
engineering data demonstrating that services cannot be provided by the
applicant within its service area without the variance.
(6) Term of Permit and Revocation.
(A) A conditional use permit for towers requiring a conditional use permit shall
remain in effect so long as the conditions in the permit are met.
(B) The grounds for revocation of a conditional use permit shall be based on a
finding that:
1. The permitee has failed to comply with conditions of approval imposed; or
2. The facility has not been properly maintained; or
3. The facility is no longer in use and has not been in use for the previous 12
months.
(7) Other Requirements.
(A) All rules and regulations of the FCC and FAA shall be met and complied with.
All antennas used for the transmission of electromagnetic waves shall be
subject to federal and state regulations pertaining to non-ionizing radiation and
other health hazards related to such facilities. If new, more restrictive
standards are adopted, the antenna installations shall be brought into
compliance with the new standards by the owner and operator. The cost of
verification of compliance shall be borne by the owner and operator of the
antenna.
(B) In the event of revocation of a permit, the tower and all accessory structures
shall be removed and the site restored to its original condition within 120
days. Failure to do so will result in the City completing the removal and site
restoration and the City’s cost shall be assessed against the property and
collected as a real estate tax.
(8) Districts.
Antennas and towers are regulated differently depending on the zoning district in
which the property is located. The following are the standards in each district.
(A) Village Neighborhood District (VN), Village Mixed Use A District (VMU A),
Village Mixed Use B District (VMU B) and Rural Commercial District (R
COMM). The following are permitted with a conditional use permit:
1. The addition of a new antenna on an existing tower for which a conditional
use permit is requiredthat creates a substantial change. .
2. A satellite dish antenna larger than two meters in diameter but not
exceeding three meters in diameter.
3. A tower within the easement of a high voltage overhead transmission line
or within 50 feet of the transmission line easement on the same side of the
road to a maximum height of 150 130 feet.
4. A free standing tower exceeding 35 feet in height but not exceeding 150
130 feet in height.
5. A tower attached to an existing building extending more than 15 feet
above the highest point of the building up to a maximum height of 150 130
feet.
(B) Agriculture District—Core (AG C) and Agriculture Preserves District (AP.)
The following are permitted with a conditional use permit:
1. The addition of a new antenna on an existing tower for which a conditional
use permit is requiredthat creates a substantial change.
2. Satellite dish antenna(s) larger than two meters in diameter.
3. A tower within the easement of a high power overhead transmission line or
within 50 feet of the transmission line on the same side of the road to a
maximum height of 200 180 feet.
4. A tower attached to an existing building, extending more than 15 feet
above the highest point of the building up to a maximum height of 300 280
feet.
(C) Industrial Park District (IP). The following are permitted with a conditional
use permit:
1. The addition of a new antenna on an existing tower for which a conditional
use permit is requiredthat creates a substantial change.
2. Satellite dish antenna(s) larger than two meters in diameter.
3. A free standing tower exceeding 35 feet in height but not exceeding 300
280 feet in height.
4. A tower within the easement of a high voltage overhead transmission line
or within 50 feet of the transmission line easement on the same side of the
road to a maximum height of 200 180 feet.
5. A tower attached to an existing building, extending more than 15 feet
above the highest point of the building up to a maximum height of 300 280
feet.
(9) Prohibitions.
(A) No tower shall be over 300 280 feet in height or within one mile of another
tower for which a conditional use permit is required regardless of municipal
boundaries.
(B) A proposal for a new tower shall not be approved unless it can be shown by
the applicant that the telecommunication equipment planned for the proposed
tower cannot be accommodated:
1. on an existing tower; or
2. on a tower that has been permitted by Washington County or the City of
Scandia (even though it may not yet be constructed); or
3. on a tower whose application for a conditional use permit is currently
pending before the City of Scandia.
(C) Towers up to 150 130 feet in height shall not be constructed within 300 feet of
any residential dwelling other than the dwelling on the parcel on which the
tower is to be located. Towers over 150 130 feet in height shall not be
constructed within 500 feet of any residential dwelling other than the dwelling
on the parcel on which the tower is to be located.
(D) No tower over 35 feet in height shall beAll towers located closer than one-
quarter (1/4) mile to the outside boundary of an existing state, county or city
park, or of a proposed state, county or city park identified in the Washington
County Park Master Plan or the City of Scandia Parks, Trails, Opeaen Space
and Recreation Plan shall be constructed with a camouflage design approved
by the City and shall be no more than 35 feet in height.
(E) No tower over 35 feet shall be All towers erected within one-quarter (1/4)
mile from the centerline of State Highways 95 and 97 and County Roads 3, 4,
15 and 52 shall be constructed with a camouflage design approved by the City
and shall be no more than 35 feet in height, unless it can be demonstrated
through visual impact demonstration that the tower will be visually
inconspicuous as viewed from the road on a year-round basis.
(F) No tower over 35 feet shall be All towers erected within one-quarter (1/4)
mile of the St. Croix River Overlay District or within one-quarter (1/4) mile of
a DNR protected lake or river shall be constructed with a camouflage design
approved by the City and shall be no more than 35 feet in height.
(G) No temporary antenna/tower sites are permitted except in the case of
equipment failure, equipment testing or in the case of an emergency situation
as authorized by the Washington County Sheriff. Use of temporary
antenna/tower sites for testing purposes shall be limited to twenty-four (24)
hours and shall be subject to an administrative permit. Use of temporary
antenna/tower sites for equipment failure or in the case of an emergency
situation shall be limited to a term of thirty (30) days. These limits can be
extended by the Zoning Administrator.
(H) Permanent platforms or structures, exclusive of antennas, other than those
necessary for safety purposes or for tower maintenance are prohibited.
(I) No antennas or tower shall have lights, reflectors, flashers, daytime strobes,
steady night time red lights or other illuminating devices affixed or attached to
it unless required by the FAA or FCC.
(J) No advertising or identification signs shall be placed on towers or antennas.
(10) Performance Standards.
(A) On a vacant parcel of land in the Agriculture District—Core (AG C),
Agriculture Preserves District (AP) Village Neighborhood District (VN),
Village Mixed Use A District (VMU A), or Village Mixed Use B District
(VMU B), the minimum lot size for construction of a tower over 35 feet in
height shall be five acres. On a vacant parcel of land in the Industrial Park
District (IP) or Rural Commercial District (R COMM), the minimum lot size
shall be two and one-half acres. On a parcel of land on which a principal use
exists, a tower shall be considered an accessory use and a smaller parcel of
land may be leased provided all standards contained in this section can be met.
(B) Towers located closer to a property line than a distance equal to the height of
the tower shall be designed and engineered to collapse progressively within
the distance between the tower and property line. The applicant for any tower
shall submit written documentation explaining tower construction and
possible failure and provide assurance that blowing or falling ice can be
contained on the subject property. At a minimum, the tower shall comply with
the minimum setback requirements of the zone in which it is located.
(C) A tower shall be located on a parcel of land so as to have the least impact on
adjoining properties and any negative impact of the tower shall be confined as
much as possible to the property on which the tower is located.
(D) The tower location shall provide the maximum amount of screening for off-
site views of the facility. The city may require creative design measures to
camouflage facilities by integrating them with existing buildings and among
other existing uses. Existing on-site vegetation shall be preserved to the
maximum extent practicable.
(E) The height of a tower shall allow for the co-location of additional antennas as
follows:
1. Structures from 100 to 125 feet - a minimum of two tenants.
2. Structures from 125 to 200 feet - a minimum of three tenants.
3. Structures above 200 feet but less than 300 280 feet - a minimum of four
tenants.
(F) Structural design, mounting and installation of the antenna and tower shall be
in compliance with manufacturers specifications. Plans shall be approved and
certified by a registered professional engineer.
(G) Self-supporting towers (i.e. those without the use of wires, cables, beams or
other means of support) are required. In all zoning districts, monopole towers
and/or towers of stealth construction are required.
(H) Associated receiving/transmitting or switching equipment shall be located
within a structure. The base of the tower and any tower accessory structures
shall be landscaped where practical. Tower accessory structures shall be
constructed of materials designed to minimize visibility to the neighborhood.
(I) The tower shall be a color demonstrated to minimize visibility unless
otherwise required by FAA regulations.
(J) Metal towers shall be constructed of, or treated with, corrosive resistant
material.
(K) If space is available on a tower, the tower owners shall, in good faith, lease
space to other users so long as there is no disruption in the existing service
provided by the tower’s existing users and no negative structural impact upon
the tower. If a dispute arises, and as a condition to any permit, the City
Council, in its discretion, reserves the right to act as arbiter in determining if a
tower owner is acting in good faith in leasing to other tenants.
(L) All towers shall be reasonably protected against unauthorized climbing. The
bottom of the tower from ground level to 12 feet above ground shall be
designed in a manner to preclude unauthorized climbing or shall be enclosed
by a six (6) feet high chain link fence with a locked gate.
(M) Antenna and tower owners may be required to conduct an annual inspection of
their facilities to insure continuing compliance with this section. A copy of the
annual inspection report shall be provided to the City.
(N) All antennas and towers shall be adequately insured to cover injury and
property damage caused by collapse or other catastrophic failure.
(11) Application - New Tower.
In addition to the submittal requirements required elsewhere in this section or in
Chapter 1 of this Development Code, applications for conditional use permits for new
towers and antennas and applications for administrative permits for replacement of
antennas and equipment on existing towers shall be accompanied by the following
information:
(A) A report from a qualified and licensed professional engineer which:
1. describes the tower height and design including a cross section and
elevation;
2. certifies the tower’s compliance with structural and electrical standards;
3. describes the tower’s capacity, including the potential number and type of
antennas that it can accommodate;
4. describes the lighting to be placed on the tower if such lighting is required
by the FCC or FAA;
5. states that the applicant will avoid causing destructive interference to co-
located, previously established public safety communications;
6. specifies the distance to any DNR protected lake or river, the St. Croix
River, any road designated in Section (8)(E) and any boundary of a city,
state or county park.
(B) Each CUP application shall include a five (5) year facility plan. The City will
maintain an inventory of all existing and proposed site installations and all
carriers shall provide the following information in each five (5) year plan. The
plan shall be updated with each submittal as necessary:
1. Written description of type of consumer services each company/carrier
will provide to its customers over the next five years (cellular, personal
communication services, specialized mobile radio, paging, private radio or
other anticipated communication technology).
2. Provide a list of all existing sites, existing sites to be upgraded or replaced
and proposed sites within the City for the services provided by the
company.
3. Provide a presentation size map of the City which shows the five year plan
for sites, or if individual properties are not known, the geographic service
areas of the site.
4. The information provided as part of the five (5) year facility plan that is a
trade secret pursuant to Minnesota Statute Section 13.37 shall be classified
as non-public data.
(C) Written acknowledgment by the landowner/lessee that he/she/it will abide by
all applicable conditional use permit conditions.
(D) Visual impact demonstrations, including mock-ups and/or photo simulations
that accurately show the existing and proposed tower and equipment drawn
accurately to scale as viewed from adjacent homes and roadway(s), or other
viewpoints, as directed by the City.
(E) The City Council may, in its discretion, require screening and painting plans;
network maps; alternative site analysis; lists of other nearby
telecommunication facilities; or facility design alternatives for the proposed
tower.
(F) The Zoning Administrator is explicitly authorized to employ on behalf of the
City, an independent technical expert to review technical materials submitted
by the applicant. The applicant shall pay the costs of said review and/or
independent analysis. Any proprietary information disclosed to the City expert
shall remain non-public and subject to the terms and conditions of a properly
executed non-disclosure agreement.
(12) Application - Existing Tower/New Antenna.
(A) In the event that an application is for an Administrative Permit to replace an
existing antenna on an existing permitted tower or structure, the requirements
as delineated under Subsection (11)(A)(6) and (11)(B) shall not apply. Items
11 (A) 1-5 and Items 11 (C) and (D) are required. The Zoning Administrator
may require Items 11 (E) and (F) as needed to review the application for an
Administrative Permit.
(B) The applicant shall submit accurate drawings at the same scale of the
existing and proposed equipment.
(13) Amateur Radio Antennas and Towers.
This subsection is applicable only to federally licensed amateur radio operators.
(A) All amateur radio towers shall be installed in accordance with the instructions
furnished by the manufacturer for the tower model to be installed. Because of
the experimental nature of the amateur radio service, antennas mounted on
such a tower may be modified or changed at any time so long as the published
allowable load on the tower is not exceeded and the structure of the tower
remains in accordance with the manufacturer’s specifications.
(B) No tower shall be located within public or private utility and drainage
easements.
(C) All towers shall be reasonably protected against unauthorized climbing.
(D) Towers located closer to a property line than a distance equal to the height of
the tower shall be setback as far as possible from the nearest property line. At
a minimum, the tower shall comply with the minimum setback requirements
of the zone in which it is located.
(E) No part of any antenna or tower, nor any lines, cable, equipment, wires or
braces shall at any time be located on or extend across or over any part of any
right-of-way, public street, road, highway, sidewalk, utility or drainage
easement or property line.