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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.