7.) Current Wireless Communications Antennas and Towers OrdinanceEFFECTIVE NOVEMBER 3, 2010 amended through December 16, 2014 lla-dinance 158) Chapter Two 0 Zoning Regulations
4.30 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 maybe allowed with the issuance of a conditional use permit, provided
the conditions contained in this Chapter are met:
1. The construction of anew 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.
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 6(A); 8(H), (1) and (J); 9(C), (D), (G), (f-1), (1), (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.
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(3) Administrative Permit
(A) The following maybe allowed with the issuance of an Administrative Permit,
provided the conditions contained in this Chapter are met:
1. Adjustment, repair or replacement of an antenna or other equipment that is
equivalent to the existing equipment on an existing tower.
(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 maybe 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 avariance 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:
The permitee has failed to comply with conditions of approval imposed; or
2. The facility has not been properly maintained; or
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
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operator. The cost of verification of compliance shall be home 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 required.
2. A satellite dish antenna larger than two meters in diameter but not exceeding three
]peters 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 feet.
4. A free standing tower exceeding 35 feet in height but not exceeding 150 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 feet.
(13) 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 required.
2. Satellite dish anteuna(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 feet.
4. A tower attached to an existing building, extending more than 15 feet above the
highest point of the building up to amaximum height of 300 feet.
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(C) hrdustrial 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 required.
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 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 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 feet.
(9) Prohibitions.
(A) No tower shall be over 300 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:
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.
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(C) Towers up to 150 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 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 be 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, Opean Space and Recreation Plan
(E) No tower over 35 feet shall be erected within one-quarter (1/4) mile from the
centerline of State Highways 95 and 97 and County Roads 3, 4, 15 and 52, 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 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.
(G) No temporary antelma/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.
(1) 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.
(l) 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 ore (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
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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:
Structures from 100 to 125 feet - a minimum of two tenants.
2. Structures from 125 to 200 feet - a minimum of three tenants.
Structures above 200 feet but less than 300 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.
(1) 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
towel's existing users and no negative structural impact upon the tower. IT 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
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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.
(1) 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 antemras
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:
t. 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 ($)(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:
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.
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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.
(h) 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 androadway(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 (I 1)(A)(6) and (I 1)(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 aproperty 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,
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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.
4.31 Yard Waste Facilities. A yard waste facility shall comply with all of the following standards:
(1) The minimum lot area required for yard waste facilities is 10 acres.
(2) Composting, storage, transfer, loading and processing activities shall be set back as follows:
(A) Property lines 100 feet
(B) Existing residential uses not on the property 500 feet
(C) DNR protected watercourse 200 feet
(D) Wetland 75 feet
(3) The yard waste facility shall be screened from view from all adjacent properties and
roadways according to the landscaping and screening requirements of this Chapter.
(4) Access to the site shall be controlled to prevent unauthorized dumping during non -business
hours.
(5) A plan for collection, retention and drainage of storm water shall be provided for review and
approval. The storm water facilities shall meet current National Pollutant Discharge
Elimination System requirements and employ Minnesota Pollution Control Agency's best
management practices.
(6) The materials which can be processed are limited to garden waste, leaves, lawn cuttings,
weeds, shrub and tree waste and prunings.
(7) The operator shall, upon request, provide information to the City specifying the volume of
waste brought onto the property for processing or composting
(8) The operator shall provide sufficient equipment to properly manage the composting and
processing activities. At a minimum this shall include a front end loader or similar machinery
for loading, unloading, turning, and aeration operations; a shredder for reducing new material
to a smaller particle size for faster decomposition; a source of water or watering trucks; and a
screen to improve the quality and marketability of the final product.
(9) The operator shall provide plans showing all equipment maintenance and storage areas. Plans
shall show the location of all fuel storage facilities, hazardous material storage and hazardous
waste disposal.
(10) The decomposition process shall be properly managed and maintained in an aerobic condition
to prevent all unnecessary odors. The yard waste shall be decomposed through a process that
encompasses turning of the yard waste on a periodic basis to aerate the yard waste, maintain
temperatures, and reduce pathogens. The composted yard waste shall contain no sharp objects
greater than one inch in diameter.
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