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HomeMy WebLinkAboutPCAgenda_96Nov17PLANNING COMMISSION AGENDA November 17, 1996 7 p.m. ROLL CALL: Tom Brace _ Wayne Groff _ Alex Hanschen _ Paul Kuettel _ Irene Struck _ Wendy Treadwell _ Betty Wilcox _ Sue Gehrz _ A. CALL TO ORDER B. APPROVAL OF MINUTES October 21, 1996 C. CITY COUNCIL MINUTES September 18 & 25,1996 October 9, 1996 D. Public Hearing and consideration of a proposed amendment to Chapter 9 Part 2.07 of the zoning code related to placement of telecommunications • antennas E. STAFF UPDATES F. ADJOURN ~~ City of Falcon Heights Planning Commission Minutes 21 October 1996 Present: Tom Brace, Chair Wayne Groff Paul Kuettel Irene Struck Wendy Treadwell Betty Wilcox Susan Hoyt, City Administrator Alex Henschen The meeting was called to order at 7:03 PM by Chair Tom Brace. The minutes were unanimously approved with the correction to reflect a five year capital improvement plan (not a fifteen year plan). CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A SECOND HAND STORE AT 1579A HAMLINE AVENUE, Chapter 9, Part 8.01 Subdivision 3(d) Chair Brace explained that there was a request from Mr. Dirk Bordsen, the property owner of 1579A Hamline Avenue, for a conditional use permit for a second hand furniture store at this address. Administrator Hoyt reported that the request for the conditional use permit must be approved by the planning commission if the property owner demonstrates that he can meet reasonable conditions. The conditional use permit goes with the property not with the person operating the business. Administrator Hoyt reported that the proposed store would be operated by Ms. Sandy Roth, who planned to purchase her goods from estate sales and auctions. Hoyt reviewed the proposed conditions for the store. She stated that the property owner and the proprietor were able to meet these conditions. After questions and discussion about the proposed use and its viability in the city, Chair Brace opened the public hearing at 7:31 PM. There being no one to address the commission, Chair Brace closed the public hearing at 7:33 PM. Commissioner Kuettel moved to approve the resolution approving a conditional use permit for a second hand furniture store at 1579 Hamline Avenue with the conditions. • Seconded by Commissioner Struck. The motion passed unanimously. Absent: • CONSIDERATION OF A PROPOSED AMENDMENT TO THE ZONING CODE REGARDING TELECONIl~IUNICATIONS AN7CENNAS AND TOWERS, Chapter 9 Part 2.07. Administrator Hoyt reminded the planning commission that the city's moratorium on telecommunications antennas and towers was due to expire on December 31, 1996. She reviewed the proposed amendment to the city's zoning code regarding the placement and design of telecommunications antennas and towers. In sum, the proposed amendments permit personal communications devices under 20 feet in any district, pending certain conditions. Commercial telecommunications antennas are permitted on the city hall roof pending certain conditions and lease agreements. The commission discussed the proposed amendments. Commissioner Brace and Commissioner Treadwell stated their belief that it is important to have at least one location within the city's land use controls that may work for corrnnercial antennas. Commissioner Struck moved to schedule a public hearing on the proposed amendments for November 18, 1996 after 7:00 PM. The motion was seconded by Commissioner Groff. The motion passed unanimously. The meeting was adjourned at 8:00 PM. • Respectfully submitted Susan Hoyt City Administrator 3 x CITY OF FALCON HEIGHTS REGULAR CITY COUNCIL MEETING MINUTES OF OCTOBER 9, 1996 Mayor Gehrz convened the meeting at 7:43 p.m. ~T~~X~~~ Gehrz, Gibson Talbot, Jacobs, and Kuettel. Also present were Hoyt and Asleson. ABSENT Hustad. COMMUNITY FORUM Melvin Kuhens, 1747 Holton Street, requested that the city council designate the area around Falcon Heights Elementary School as an official "school zone" and address the speeding problem in the area. MINUTES OF SEPTEMBER 18, 1996 AND SEPTEMBER 25, 1996 Minutes were approved by unanimous consent. • CONSENT AGENDA APPROVED Motion was made by Councilmember Gibson Talbot to approve the following consent agenda. Motion passed unanimously. 1. Disbursements 2. Licenses 3. Approval of election judges POLICY AGENDA .REQUEST FOR PLACEMENT OF CROSSWALKS AT THE INTERSECTIONS OF HOLTON STREET AND GARDEN AVENUE Administrator Hoyt reported that a request has been received to place crosswalks at Holton and Garden Avenues to facilitate school crossing in the area. The city engineer recommends limiting crosswalks since they become ignored when there are too many in the area. However, since this request is near a school, a clearly delineated crosswalk complementing the school's crossing pattern makes some sense. Melvin Kuhens, 1747 Holton Street, requested that the crosswalk be placed on the west . side of the Garden/Holton intersection and to mark the streets along the edge to mark where the children walk to school. In addition, he asked for more enforcement of the four way stop signs already in place m the area. Jim Atherton, 1847 Simpson Street, asked for more enforcement of stop signs and for the addition of crosswalks. i ' City Council Minutes October 9, 1996 Page 2 • Administrator Hoyt noted that she would direct the issue of a white line street marker to the engineer to see if this was a permitted street marking. The police have been notified of the problem with the stop sign violations and are attempting to provide more patrol of the area. Hoyt also noted for the viewing audience that the city had received requests for. stop signs at Hamline and Garden, just east of Falcon Heights School. This request will be handled by Ramsey County. The council thanked the residents for their input and directed staff to investigate the city's legal options and costs of installation. CONSIDERATION OF A RESOLUTION CALLING FOR THE SALE OF $1,645,000 OF GENERAL OBLIGATION BONDS FOR THE LARPENTEUR AVENUE RECONSTRUCTION AND STREETSCAPE PROJECT Administrator Hoyt reported that the proposed bond issue would finance all city costs for the Larpenteur Avenue streetscape and street reconstruction activities in the next three years. Bob Thistle, representing Springsted, Inc, outlined the bonding process and explained that the proposed resolution would authorize his company to solicit offers for the sale of bonds on behalf of the city. The funds to pay back the bonds will come from TIF district revenue. Based upon current cash flow, there will be enough revenue from these districts to cover the bond payments. Mayor Gehrz asked if there was any looming TIF legislation that might affect the bond sale. Thistle noted that the legislation may change in 1997 and the uses of TIF funds might be restricted. It is unlikely, however, that legislation would be applied retroactively. Motion was made by Councilmember Jacobs to approve Resolution 96-16, authorizing the solicitation of offers for the $1,645,000 general obligation tax increment bonds, series 1996A. Motion passed unanimously. CITY INFORMATION AND ANNOUNCEMENTS Mayor Gehrz reported that she'd distributed Falcon Heights' goals at the Minnesota Mayors Conference, as other cities were interested in the goal setting process. She also reported that Falcon Heights' tobacco ordinance had been featured on Norwegian Public Television as a model for preventing youth access to tobacco. Finally, she thanked St. Paul Dispatch for the tour that the council had taken of St. • Paul's emergency dispatch center. Councilmember Kuettel reminded the viewing audience that the city has a scavenging ordinance and therefore it is against code to take materials from other people's recycling bins. A call to the police with a license plate number would be appropriate if this happens to a resident. f • City Council Minutes October 9, 1996 Page 3 Administrator Hoyt reported that the Fire Department would be having its open house on Saturday, October 12th. ADJOURNMENT The meeting adjourned at 8:43 p.m. ~ ~~~ Carla Asleson Recording Secretary . ~~.~ Susan L. Gehrz, Mayor CITY OF FALCON HEIGHTS REGULAR CITY COUNCIL MEETING MINUTES OF SEPTEMBER 25, 1996 ~ ~ 2 9 ~:- Mayor Gehrz convened the meeting at 7:04 p.m. PRESENT Gehrz, Gibson Talbot, and Jacobs. Also present were Hoyt, Asleson, and Maurer. ABSENT Hustad (arrived later), Kuettel COMMUNITY FORUM There was no one wishing to take advantage of the community forum. MINUTES OF SEPTEMBER 11, 1996 Minutes were approved by unanimous consent. CONSENT AGENDA APPROVED • Motion was made by Councilmember Gibson Talbot to approve the following consent agenda. Motion passed unanimously. 1. Disbursements 2. Licenses 3. Approval of a variance of three feet from the required five foot side yard setback for the construction of a utility shed at Falcon Heights United Church of Christ, 1795 Holton Street, Chapter 9-2.04 subd. 1(c) Councilmember Hustad arrived at 7:09 p.m. POLICY AGENDA REVIEW AND APPROVAL OF THE AGREEMENT FOR THE RECONSTRUCTION OF LARPENTEUR AVENUE FROM FULHAM STREET TO CLEVELAND AVENUE Engineer Maurer reported that Ramsey County wishes to proceed with the first phase of the Larpenteur Avenue reconstruction project and needs the city to approve the plans and enter into a financing agreement. The city's share of the cost is S 123,100.36. The plans have been reviewed by the city engineer and landscape architect. The U of M golf co_ urse underpass is not included in the plans but may be added as a separate project at a later time. • Dan Soler, Ramsey County Project Engineer, reported that the City of Lauderdale approved the plans on the previous evening. Lauderdale has asked for restorative treatment in the ravine by Gas Bear Pond for erosion control. That ravine is about 200 to 300 feet long and part of it is on the golf course property. This request is not in the Larpenteur plans, although it may potentially be added as a separate project at a later time. City Council Minutes September 25, 1996 Page 2 • 29 Motion was made by Councilmember Jacobs to approve Resolution County's final plans for the reconstruction of Larpenteur Avenue between Fulh m ng Ramsey Cleveland Avenue. Motion passed unanimously. Street and Motion was made by Councilmember Hustad to a Ramsey County for the construction and financing of the La penteur Avenue p orect~bnt with Fulham Street and Cleveland Avenue. Motion passed unanimously. ~ etween REVIEW AND APPROVAL OF AGREEMENT FOR MAINTENANCE OF TRAFFIC CO SIGNALS AT THE INTERSECTION OF CLEVELAND AND LARPENTEUR NTROL Administrator Hoyt reported that the proposed agreement states that Ramse Coun maintain the traffic signal at Cleveland and Larpenteur with the exception of the Emer e Vehicle. Preemption System (EVPS), which the city has requested for use y ty will vehicles. The city would be responsible for the initial cost and the maint g ncy with its emergency This agreement would be very similar to the one that the city currently has w'th the EVPS. for the traffic signal at Arona and Hamline. county Motion was made by Councilmember Gibson Talbot to approve the agreement with County for the maintenance of the traffic control signal and EVPS at the interse Ramsey ' Cleveland and Larpenteur. Motion passed unanimously, on of UPDATE FROM NORTHWEST YOUTH AND FAMILY SERVICES Paul Ciernia and Kay Andrews of Northwest Youth and Family Services gave a brief u d the organization's activities, their revenue and funding sources, and the number off ate on assisted by the organization in Falcon Heights. people CITY INFORMATION AND ANNOUNCEMENTS Mayor Gehrz reported on a tree planting project in the University Grove neighborhood a the League of Women Voters' town meeting. nd on Administrator Hoyt reported that the Fire Department Open House was sc heduled for October 5th. She also reported that the agreement between St. Paul and Falcon Heights for Adva Life Support service had been approved by St. Paul and that St. Paul would begin rovnced ALS service on Monday, September 30, 1996. p dmg ADJOURNMENT The meeting adjourned at 8:33 p.m. ~. ~~Q .~~ .- ,, Carla Asleson Recording Secretary ~~ :~ Susan L. Gehrz, Mayor CITY OF FALCON HEIGHTS SPECIAL CITY COUNCIL MEETING MINUTES OF SEPTEMBER 18, 1996 ~ ~ -~ Mayor Gehrz called the meeting to order at 6:00 P.M. PRESENT Mayor Gehrz, Councilmembers Jacobs, Kuettel, Hustad. Also Administrator Ho t. ABSENT y Gibson Talbot CONSENT AGENDA AppROVED Motion was made by Councilmember Jacobs to approve the following consent agenda. Motion passed unanimously. 1 • Request to fill the position of parks and public works superintendent POLICY AGENDA • SELECTION OF MEDIA COLD RS FOR LARPENTEUR AVENUE Michael Schroeder, the landscape architect for the Larpenteur Avenue project, presente color for the concrete median. The council discussed the options but came to no conclusi d three options for REQUEST TO RENEGOTIATE THE RECYCLING CONTRACT °n. Councilmember Jacobs explained that the Solid Waste Commission is asking the coun ' recommendation that staff start with renegotiating the recycling contract with E-Z Recyclin r going out for RFP s, cil to approve the g ather than work. The council d scussed getting two rcostsr aone hwithFcere pproach can be used if negotiating doesn't Councilmember Jacobs said that there currently is not a good market for recyclables. rene otiate the contract. The motion was a al boxes and one without cereal boxes. g Hustad moved to pproved unanimously. ADJOURNMENT The meeting was adjourned at 8:10 p,m, Susan L. Gehrz, Mayor Susan Hoyt, Administrator and Acting Recording Secretary • Planning Commission Date: 11 /18/96 Item: 1 ITEM: Public hearing and consideration of a proposed amendment to Chapter 9 Part 2.07 of the zoning code related to placement of telecommunications antennas SUBMITTED BY: Susan Hoyt, City Administrator REVIEWED BY: Planning Commission Ellen Sampson, City Attorney EXPLANATION/DESCRIPTION: PUBLIC HEARING At the October 21 planning commission meeting, the commission discussed the proposed amendments to the city's zoning code related to telecommunications devices and antennas. The commission scheduled a public hearing on the proposed amendments for November 18, 1996 on or about 7:00 PM. PURPOSE OF PROPOSED ORDINANCE CHANGE Due to recent changes in Federal Communications Commission (FCC) rules on communications, cities are studying where to place communications antennas and towers to be able to accommodate the needs of residents and businesses while protecting the public health, safety and general welfare of the community. The city wants to; facilitate the provision of wireless telecommunication services to residents and businesses within the city; - minimize adverse visual effects of towers and antennas; avoid potential damage to adjacent properties; - maximize the use of existing towers and buildings to accommodate new wireless telecommunications antennas in order to reduce the number of towers and antennas serving the community. • BACKGROUND Moratorium. In June, 1996 the city enacted a moratorium on communications antennas and towers due to the tremendous number of inquiries from commercial telecommunications businesses about where they could locate antennas within the city. These businesses are aggressively seeking out locations on public facilities, typically water towers, where they can locate antennas high enough to avoid interterence from other activities. These requests are considered "commercial towers and antennas". The moratorium expires on December 31, 1996. Locations in Falcon Hei hts. In Falcon Heights, the staff directs these communication inquiries to the St. Paul Water Utility and the U of M because the companies are looking for water tower locations. Thy St. Paul Water Utility owns a water tower on the State Fair property and also at Dudley just off of Cleveland Avenue on the southern border of the city. The St. Paul Water Utilit will consider leasing space to these communications companies. In addition to these water towers, the University of Minnesota is located on high ground, has the tallest water tower and also several tall buildings on the St. Paul (Falcon Heights) campus. DRAFT ORDINANCE Draft ordinance . Despite the fact that most communications companies will want to locate antennas on existing water towers outside the city's land use jurisdiction, it is timely to update the city's ordinance. It is also important to kee it simple. The draft ordinance reflects the following criteria: p 1 • All antennas must be located on a man-made structure, cannot be free-standing and cannot exceed 20 feet in height. - maximum height of 20 feet above a principal or accessory structure (the structure must not be constructed for the purpose of supporting the antenna) no free-standing towers or antennas subject to aesthetic requirements regarding color, no signs and no lighting 2 • 2• Private antennas over 10 feet in height are a conditional use in any zoning district. requires a conditional use permit for over 10 feet in height above a structure. (Maximum height is 20 feet above a structure) recognizes that the FCC requires cities to allow private communications antennas for amateur radio in every district This means that if technics//y necessary the conditional use permit can allow a taller antenna or afree-standing antenna or tower for amateur radio transmissions. If found technically necessary, these facilities must be setback in the rear yard -one foot from each property line for every one foot of antenna or tower. (Most cities require a two or four foot setback to one foot of tower but this would make it impossible to accommodate this unique request in almost all yards in Falcon Heights.) 3. Satellite dish antennas are not subject to zoning. Recognizes the likelihood that the FCC ruling would not permit cities' to regulate the location of satellite dish antennas. 4. Commercial antennas must be located on the U of M water tower or the U of M or State Fair public buildings or on the St. Paul Water Utility towers if approved by these authorities. There is also a location proposed on the city hall if certain conditions are met. ATTACHMENTS: 1. Proposed ordinance 2. Current ordinance 3. Proposed,resolution recommending an ordinance amending the zoning code, Chapter 9, 2.07 Subdivision 2. ACTION REQUESTED: 1. Report from staff 2• Questions from commissioners to the staff 3. Open public hearing 4. Close public hearing b. Discuss proposed ordinance 6. Move the resolution approving the ordinance in the desired final form for consideration by the city council 3 0 • Draft 11/1 a^96 9 - 2.07 Heights Limitations (Delete Subdivision 1. a. (3) and (4) of existing code and replace with Subdivision 2) Subdivision 2. Telecommunication Antennas a. Tower height. Tower height includes the height of the tower from grade to peak including all antennas and other attachments. If the tower is located on a structure, the tower height is from base to peak including all antennas and other attachments. b. Antenna height. Antenna height includes the height of the antenna from the base of the antenna to the peak and all other attachments. c. Private antennas. 1) Private antennas 10 feet or less are a permitted use. • 2) Private antennas over 10 feet but no more than 20 feet in height above aman-made structure, where the man-made structure exists as a principal or a permitted accessory use on the property, shall be a conditional use in all districts. a) The setback for the antenna must be one foot/per foot of antenna from all property lines. 3) In accordance with the Federal Communications Commission preemptive ruling PRB1, a) a private antenna may exceed 20 feet in height above aman-made structure for the purpose of supporting amateur radio provided that a determination is made by the city council as part of the conditional use permit that the additional antenna height is technically necessary to successfully engage in amateur radio communications; b) afree-standing tower or afree-standing antenna not to exceed 50 feet from grade to peak may be constructed for the purpose of supporting amateur radio provided that a determination is made by the city council as part of its . conditional use permit that a freestanding tower and/or antenna is technically necessary to successfully engage in amateur radio communications. (1) Afree-standing tower or antenna must be located in the rear yard and be set back one foot from the side and rear property lines for each foot of tower and/or antenna. d. Commercial antennas. Commercial receiving or transmitting antennas shall be prohibited in properties zoned residential, commercial or public except 1) when located on existing water towers and public structures within the city limits, but outside the city's land use jurisdiction, as approved by the public institutional property owners controlling these water towers and public structures; 2)) when located on city hall with a maximum antenna height of 20 feet under a negotiated lease whenever such placement is technically feasible pending the following minimal conditions: . (a) The antennas will not interfere with the purpose for which the city owned property is intended; (b) The antennas or tower have no adverse impact on surrounding private property; (c) The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public facilities and other necessary provisions and safeguards. The fees shall be established by the city council; (d) The applicant will submit a letter of credit, performance bond, or other security acceptable to the city to cover the antennas' or towers' removal. (e) The antennas or tower will not interfere with other users of a higher priority including law enforcement, fire, ambulance and other governmental agencies. (f) Upon reasonable notice, the antennas or towers may be required to be removed at the owner's expense. (g) The applicant must reimburse the city for any costs which it incurs because of the presence of the applicant's antennas or towers. 2 e. Antennas -Aesthetics. All antennas and towers upon which antennas are placed shall be designed and situated so as to be as visually unobtrusive as possible, screened when appropriate, utilizing a city approved color and containing no signs, logos or lighting, except as may be required by any state or federal regulation. Free standing antennas and towers (built upon the ground as opposed to placement on the roof of an existing building) are found to be an aesthetic blight and are prohibited. License required. The applicant shall present documentation of the possession of any required license by local, state or federal agencies. g. Nonconforming Uses. Existing transmitting and receiving facilities at the time of the adoption of this section may remain in service. However, at such time as any material change is made in the facilities, full compliance with this section shall be required. No transmitting or receiving antennas or towers may be added to existing nonconforming facilities. h. Building Permit. A building permit shall be required for the construction of new antennas and towers upon which antennas will be placed and shall include wind loading and strength and footing calculations prepared by a Minnesota registered engineer, whenever deemed necessary by the city engineer. Private satellite dish antennas. Private satellite dish antennas are not subject to this subdivision. Hand-held telephone. two-wav radio or similar devices. Hand-held telephone, two way radio or similar devices not requiring an exterior reception or receiving antennae are permitted if operated so as not to be visible from outside a principal building nor producing any electrical or other affect upon adjacent or nearby properties. 3 Draft 11/1 a/96 ADD TO DEFINITIONS SECTION OF CITY CODE Antenna. Equipment used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior of, or attached to any building or structure, but not including "satellite dish antennas". Antenna -Commercial. Any pole, spire or structure, or any combination, to which an antenna is, or could be attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces erected for the commercial use of information. Tower site. A location(s) on which is or may be located one or more telecommunication radio or television antennas available for connection and use by any person, firm or corporation. Antenna -satellite dish A parabolic shaped antenna (including all supporting apparatus) used for receiving televisions signals, which is located on the ground or exterior of, or outside of, any building or structure. • 4 s 9.2.0 9-2.07 Height Limitations Subdivision 1. Heicrht Limitations Any structural height that exceeds the zoning code must have a conditional use permit. a. Exemot: 1. Height limitations shall not apply to belfries, cupolas and domes, monuments, public and public utility facilities, silos, barns, church spires, chimneys, smokestacks, flag poles, and parapet walls extending not more than four feet above the limiting height of the building. 2. Height limitations shall not apply to roof top structures such as mechanical equipment, elevator shaft and equipment enclosures and similar structures, provided said exceptions do not exceed ten (10) feet in height above the roof line and the area does not exceed fifteen percent (15°s) of the roof area. • ~ Height limitations shall not apply to private T.V. ~; or radio reception antennae extending more than ten ~~^ - (10) feet above the limiting height of the building . except if any portion of the structure exceeds four (4) ~~~' .~ feet in diameter and is more than twenty percent (20 0 } ~' opaque, a conditional use permit shall be required. ~~`' Any T.V. or radio transmission or reception device or p,e~~ structure not attached to the principal building shall require a conditional use permit. 4. Hand-held telephone, two-way radio or similar devices not requiring an exterior reception or ('~l receiving antennae are permitted if operated so as not ~(~~" -' to be visible from outside a principal building nor producing any electrical or other affect upon adjacent or nearby properties. b. Airport• In all cases, however, no structure shall violate the limits and provisions of the Airport Plan of the Metropolitan Development Guide. • 38 • 9-2.08, 2.09 9-2.08 Essential Services. Essential services as defined herein shall be permitted as authorized and regulated by State law and Code of the City of Falcon Keights, except as further regulated herein. 9-2.09 Annexed Territory. Areas being annexed shall be appropriately zoned in accordance with the Comprehensive Municipal Plan at the time of annexation. Pending official zoning action by the City Council, all annexed land shall be considered as zoned "R-1.° r~ LJ 39 • No. 96-08 Date: 11/18/96 CITY OF FALCON HEIGHTS PLANNING COMMISSION RESOLUTION RESOLUTION FOR PROVISIONS PERTAINING TO TOWERS WHEREAS, in order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the planning commission fmds that these regulations are necessary to: 1. facilitate the provision of wireless telecommunication services to the residents and businesses of the City; 2. minimize adverse visual effects of towers through careful design and siting standards; • 3. avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and, 4. maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. NOW THEREFORE, BE IT RESOLVED that the Falcon Heights Planning Commission recommends adoption of ordinance 96.08, amending Chapter 9,2.07 §2. Adopted this 18th day of November, 1996. No. 0-96-08 CITY OF FALCON HEIGHTS ORDINANCE Date November 27, 1996 AN ORDINANCE AMENDING CHAPTER 9 OF THE CITY CODE RELATED TO HEIGHT LIMITATIONS AND TELECOMMUNICATIONS ANTENNAS The City Council of the City of Falcon Heights does hereby ordain: Section 1. Chapter 9-2.07 is hereby amended to read as follows: 9-2.07 Height Limitations Subdivision 1. Height Limitations Any structural height that exceeds the zoning code must have a conditional use permit. a. Exempt: Height limitations shall not apply to belfries, cupolas and domes, monuments, public and public utility facilities, silos, barns, church spires, chimneys, smokestacks, flag poles, and parapet walls extending not more than four feet above the limiting height of the building. 2. Height limitations shall not apply to roof top structures such as mechanical equipment, elevator shaft and equipment enclosures and similar structures, provided said exceptions do not exceed ten (10) feet in height above the roof line and the area does not exceed fifteen percent (15 %) of the roof area. • , . b. Airport: In all cases, however, no structure shall violate the limits and provisions of the Airport Plan of the Metropolitan Development Guide. Subdivision 2. Telecommunication Antennas a. Tower height. Tower height includes the height of the tower from grade to peak including all antennas and other attachments If the tower is located on a structure, the tower height is from base to peak including all antennas and other attachments b. Antenna height. Antenna height includes the height of the antenna from the base of the antenna to the peak and all other attachments c. Private antennas. 11 Private antennas 10 feet or less are a permitted use 2) Private antennas over 10 feet but no more than 20 feet in height above aman-made structure where the man-made structure exists as a principal or a permitted accessory use on the property. shall be a conditional use in all districts • a The setback for the antenna must be one foot/ er foot of antenna from all property lines. 31 In accordance with the Federal Communications Commission preemptive ruling PRB1, a) a private antenna may exceed 20 feet in height above a man-made structure for the purpose of supporting amateur radio provided that a determination is made by the city council as part of the conditional use permit that the additional antenna height is technically necessarv to successfully enaaae in amateur radio communications: b) afree-standing tower or afree-standing antenna not to exceed 50 feet from grade to peak may be constructed for the purpose of supporting amateur radio provided that a determination is made by the city council as part of its conditional use permit that a freestanding tower and/or antenna is technically necessarv to successfully enaaae in amateur radio communications • (1) Afree-standing tower or antenna must be located in the rear yard and be set back one foot from the side and rear property lines for each foot of tower and/or antenna. • d. Commercial antennas. Commercial receiving or transmitting antennas shall be prohibited in properties zoned residential. commercial or public except: 1) when located on existing water towers and public structures within the city limits, but outside the city's land use jurisdiction, as approved by the public institutional property owners controlling these water towers and public structures• 2) when located on city hall with a maximum antenna height of 20 feet under a negotiated lease whenever such placement is technically feasible pending the following minimal conditions: (a- The antennas will not interfere with the purpose for which the city owned property is intended; (b- The antennas or tower have no adverse impact on surrounding private property: Ic1 The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public • facilities and other necessary provisions and safeguards The fees shall be established by the city council• Id1 The applicant will submit a letter of credit performance bond. or other security acceptable to the city to cover the antennas' or towers' removal. (el The antennas or tower will not interfere with other users of a higher priority including law enforcement fire, ambulance, and other governmental agencies If1 Upon reasonable notice, the antennas or towers may be required to be removed at the owner's expense (g) The applicant must reimburse the city for any costs which it incurs because of the presence of the applicant's antennas or towers. C] e. Antennas -Aesthetics. All antennas and towers upon which antennas are placed shall be designed and situated so as to be as visually unobtrusive as possible, screened when appropriate, utilizing a city approved color and containing no signs, locos or lighting. except as may be reauired by anv state or federal regulation. Free standing antennas and towers (built upon the ground as opposed to placement on the roof of an existing building) are found to be an aesthetic blight and are prohibited. f. License reauired. The applicant shall present documentation of the possession of anv required license by local, state or federal agencies. g. Nonconforming Uses. Existing transmitting and receiving facilities at the time of the adoption of this section may remain in service. However, at such time as anv material chance is made in the facilities, full compliance with this section shall be reauired. No transmitting or receiving antennas or towers may be added to existing nonconforming facilities. h. Building Permit. A building permit shall be reauired for the construction of new antennas and towers upon which antennas will be placed and shall include wind loading and strength and footing • calculations prepared by a Minnesota registered engineer, whenever deemed necessary by the city engineer. i. Private satellite dish antennas. Private satellite dish antennas are not subject to this subdivision. i. Hand-held telephone, two-wav radio or similar devices. Hand-held telephone, two wav radio or similar devices not reauirinq an exterior reception or receiving antennae are permitted if operated so as not to be visible from outside a principal building nor producing anv electrical or other affect upon adjacent or nearby properties. Section 2. Chapter 9-1.02 subd. 2 is hereby amended to add the following definitions: Antenna. Equipment used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior of, or attached to any building or structure, but not including "satellite dish antennas". Antenna -Commercial. Any pole, spire or structure, or any combination, to which an antenna is, or could be attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces erected for the commercial use of information. • Tower site. A location(s) on which is or may be located one or more telecommunication radio or television antennas available for connection and use by any person, firm or corporation. Antenna -satellite dish. A parabolic shaped antenna (including all supporting apparatus) used for receiving televisions signals, which is located on the ground or exterior of, or outside of, any building or structure. Section 3. This ordinance, passed the 27th day of November, 1996, shall become effective upon publication of a summary resolution. Moved by: Approved by: GEHRZ _ In Favor GIBBON TALBOT HUSTAD _ Against Attested by: JACOBS KUETTEL :7 Mayor November 27, 1996 Date City Clerk November 27, 1996 Date •