HomeMy WebLinkAbout11-23-2006 Planning Commission PacketOTT
LAKE City of Lake Elmo
joiEL M 0 3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
(651) 777-5510 Fax: (651) 777-9615
Www.LakeElmo.Ora
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, October 23, 2006, at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Agenda Approval
3. Minutes
a. September 6, 2006
b. September 11, 2006
c. September 20, 2006
d. September 25, 2006
e. October 2, 2006
4. Public Hearing: Amend Code — Accessory Buildings
5. Zoning Ordinance
6. City Council Update
7. Adjourn
LAKE City of Lake Elmo
iliE L MO 3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
(651) 777-5510 Fax: (651) 777-9615
Www.LakeElmo.Orq
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, October 23, 2006, at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Agenda Approval
3. Minutes
a. September 6, 2006
b. September 11, 2006
c. September 20, 2006
d. September 25, 2006
e. October 2, 2006
4. Public Hearing: Amend Code Accessory Buildings
5. Zoning Ordinance
6. City Council Update
7. Adjourn
City of Lake Elmo October 23, 2006 mtg.
DRAFT Zoning Ordinance
Antennas
154.500 Purpose and Intent
154.501 General Standards
154.502 Tower Design
154.503 Co -Location Requirement
154.504 Setbacks
154.505 Accessory and Secondary Use Antennas
154.506 Personal Wireless Service Antennas
154.507 Satellite Dishes
154.508 Commercial and Public Radio and Television Transmitting Antennas, and
Public Utility Microwave Antennas
154.509 Additional Submittal Requirement
Public Property / Right -of -Way
154.520 Coverage
154.521 Liability
Land Filling and Exc/Grading Operations
Specialized Housing
154.500
Permit
AN'hNNAS
PURPOSE AND INTENT. (Taken from Wireless Telecommunication Tower
The wireless telecommunication tower permit regulations are intended to:
(A) Reasonably accommodate the provision of wireless telecommunication services
to the general public;
(B) Minimize adverse visual effects of wireless telecommunication towers,
antennae, or accessory equipment through careful design and siting standards;
(C) Avoid potential damage to adjacent properties from tower failures through
structural standards and setback requirements; and
(D) Maximize the use of existing and approved towers, structures, and/or buildings
for the location of new wireless telecommunication towers in order to reduce the number
of the structures needed to accommodate wireless telecommunication services.
154.501 GENERAL STANDARDS.
The following standards shall apply to all cellular telephone, public utility, microwave,
radio and television broadcast transmitting, radio and television receiving, satellite dish,
short -wave radio transmitting and receiving antennas. and other personal wireless service
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antennas. Wireless telecommunication facilities located in public rights -of -way are
exempt from this section, except otherwise specifically provided by this Chapter.
(A) All obsolete and unused antennas shall be removed within twelve (12)
months of cessation of operation at the site.
(B) All antennas shall be in compliance with all City building and electrical code
requirements and as applicable shall require related permits.
(C) Structural design, mounting and installation of the antenna shall be in
compliance with manufacturer's specifications and shall be verified and approved bv_ a
professional engineer.
(D) When applicable, written authorization for antenna erection shall be provided
by the property owner.
(E) The use of any portion of a wireless telecommunication tower for signs other
than warning or equipment information sign is prohibited. No advertising message shall
be affixed to the antenna structure or tower.
(Taken from 300.12 Height.)
A. Ante, ' 11 rxot be located on strua`urro i : excess of sixty five (65) feet in
height unless tho of u tures arc existing water towers and the antonno are only an
accessory use on the water towers.
(Taken from Wireless Telecommunication Tower Permit). No person dill in ta�l a wireless
telecommunication facility or any portion thereof, at a height gr ator than i allawe
structures in th underlying zoning diotriot without first being issued e wiress
teleeonmumioaion tower permit.
(F) Height.
(1) In all residential zoning districts, the maximum height of any wireless
telecommunication tower including all antennas and other attachments, shall not exceed 1
foot for each 1 foot the tower is setback from a residential dwelling unit up to a
maximum of 195 feet for parcels of 40 acres or more and 125 feet for parcels between 10
to 40 acres in size.
(2) In all non-residential zoning districts, wireless telecommunication
tower and antennae shall not exceed 195 feet in height above ground for a freestanding
wireless telecommunication tower, and 195 feet in height above ground as measured by
the lowest ground elevation adjacent to a building on which the tower/antenna is located,
including all antennas and other attachments where the zoning district is adjacent to a
residential zoning district. The setback from a common lot line shall be 2 feet for each 1
foot of tower height.
City of Lake Elmo October 23, 2006 mtg.
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(F) The height of the antenna shall be the minimum necessary to function
satisfactorily, as verified by an electrical engineer or other appropriate professional.
(G) Antennas shall not be artificially illuminated unless required by law or by a
governmental agency to protect the public's health and safety.
(H) When applicable, proposals to erect new antennas shall be accompanied by
any required federal, state, or local agency licenses.
(I) If a new tower is to be constructed, it shall be designed structurally,
electrically, and in all respects, to accommodate both the applicant's antennas and
comparable antennas for at least one additional user, including but not limited to other
cellular communication companies, local police, fire and ambulance companies. Towers
must be designed to allow for future rearrangement of antennas upon the tower and to
accept antennas mounted at varying heights. A pole or tower that is integrated into an
existing or proposed structure, such as a light pole, power line support device, or similar
structure is exempt from this provision.
(J) Except as may be applicable in cases where a conditional use permit is
required, antennas and support structures for federally licensed amateur radio stations and
used in the amateur radio service are exempt from Subd. 3, 6, and 9 above and Section
21175.03, and must comply with Subd. 12 below.
(K) Amateur radio towers must be installed in accordance with the instructions
furnished by the manufacturer of that tower model. Because of the experimental nature
of 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.
154.502 150.112 PROHIB1'1'ED AREAS.
Wireless telecommunication towers shall not be allowed in the following areas:
(A) Residentially zoned parcels of less than 10 acres unless the wireless
telecommunication tower and ground facilities accessory thereto are located within 100
feet of the right-of-way of a public utility transmission line;
(B) Open space easements or conservation easements; and/or
(C) Airport impact zones without consent of the F.A.A.
154.503 150.113 ALLOWED TOWER SITES.
Applicants for a wireless telecommunication tower permit shall make a reasonable
effort to locate the towers and accessory ground facilities in the following areas:
(A) On an existing public utility power line support structure, within an existing
public utility power line right-of-way, or within 100 feet of the right-of-way;
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(B) On publicly owned property, as approved by the City Council; and/or
(C) On agriculturally or residentially zoned parcels greater than 10 acres.
154.502 TOWER DESIGN.
(A) Wireless telecommunication towers shall comply with the following
standards unless the City Council grants a variance as necessary to reasonably
accommodate the wireless telecommunication tower. Variance procedures shall be
processed according to the zoning code.
(B) Design.
(1) Towers shall be painted a non -contrasting color consistent with the
surrounding area such as: blue. gray , brown, or silver, or have a galvanized finish to
reduce visual impact.
(1) To blend into the surrounding environment through the use of color
and architectural treatment;
(b) To be f „ n „le design ,ess the C;t y Council det eminao that an
alternative design would better blend into the surrounding environment;
(2) Wireless communication towers shall be of a monopole design unless
the City Council determines that an alternative design requested by the applicant would
better blend into the surrounding environment. This provision does not apply to amateur
radio towers or commercial and public radio or television towers.
(3) All proposed wireless telecommunication tower shall be designed,
structurally, electrically, and in all respects, to accommodate both the applicant's
antennas and comparable antennas for at least 2 additional users if the tower is over 100
feet in height or for at least 1 additional user if the tower is between 75 feet and 100 feet
in height; and
(4) Where possible, all proposed wireless telecommunication towers must
be designed to allow for future rearrangement of antennas upon the tower and to accept
antennas mounted at various heights.
CO LOCATION REQUIREMENTS
Except as hereinafter provided, antenna utilized to provide wireless telecommunication
fervicoo be located on existing towers or structures which exceed 75 feet in he ght
and which arc located within 1/1 mile of the antenna cite being proposed by the
appliaart. In the event that co loocican in not possible, the cpplioant rest demonstrate
that a good faith effort to co locate on existing towers and structures was made but cax
agreement could not be reached.
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City of Lake Elmo October 23, 2006 mtg.
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154.503 CO -LOCATION REOUIREMENT. A proposal for a new tower shall not
be approved unless the City Engineer finds that the antennas cannot be accommodated on
an existing or approved tower, building, or structure within a one mile search radius (one-
half mile search radius for towers under one hundred 100 feet in height) of the proposed
tower due to one or more of the following reasons:
(A) The planned equipment would exceed the structural capacity of the existing
or approved tower, building, or structure as documented by a qualified and licensed
professional engineer, and the existing or approved tower cannot be reinforced, modified,
or replaced to accommodate planned or equivalent equipment at a reasonable cost.
(B) The planned equipment would cause interference materially impacting the
usability of other existing or planned equipment at the tower or building as documented
by a Qualified engineer and interference cannot be prevented at a reasonable cost.
(C) Existing or approved towers, buildings, or structures within the search radius
cannot accommodate the planned equipment at a height necessary to function reasonably
as documented by a qualified and licensed professional engineer.
(D) Existing or approved towers, buildings, or other structures do not exist in the
service area, or do not meet the needs of the user. Documentation shall be provided at
the time of application clearly demonstrating why existing structures do not meet the
needs of the users.
(E) The applicant shall demonstrate that a good faith effort to co -locate on
existing towers or structures was made, but an agreement could not be reached.
151.50A EXCEPTIONS TO CO LOCATION REQU1110.1E2`NT1 .
' e Cit Coun:il ahall waive any or all of the co location requirements if it is determined
that:
(A) The antennae and/or tower accessory equipment would o xio thc/tructural
capacity of an exi3tirg or approved tower or building to be exceeded, as documented k7-a
qualified and lia:n3od p: and the cxisting or approved tower or
tower accessory equipment at a reasonable cost;
(B) The antennae and/or tower accessory equipment would cause interference
rrxa icdly impacting the usability of existing antennae or tower accessory cquipme t-as
documented by a qualified radio frequency engineer and the interference cannot be
prevented at a reasonable cost;
EC E io`ixg or approved towers and buildings within the applicant' ar
radius cannot or will not accorr sadatc the antennae and/or tower accessory equipment at
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City of Lake Elmo October 23, 2006 mtg.
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engineer; and/or
(D) Jthw unforeseen reasmo rkc it infosiblc to locate the antennae and/or
tower accessory e2uip,:ont upon an existing or approved tower or building.
154.504 SETBACKS. All towers and accessory equipment shall comply with each
of the minimum setback requirements:
(A) In all residential zoning districts, wireless telecommunication towers and
accessory equipment shall be set back 1 foot for each foot of tower height plus 20 feet.
(B) In all zoning districts, towers may encroach into the rear or side yard
setback areas, provided that the rear or side yard property line abuts a commercial or
business zoned property and the wireless telecommunication tower does not encroach
upon any easements.
(C) Wireless telecommunication towers shall not be located between a principal
structure and a public street.
(D) A required setback may be reduced or its location in relation to a public
street varied, at the sole discretion of the City Council, to allow for the integration of a
wireless telecommunication tower with an existing or proposed structure such as a church
steeple, power line support device, or light standard.
(E) A required setback may be reduced or its location in relation to a public street
varied upon providing the city with a licensed professional engineer's certification that
the wireless telecommunication tower is designed to collapse or fail within a distance or
zone shorter than the required setback distance.
(F) The setback for a tower or accessory equipment may be reduced or its
location in relation to a public street varied, at the discretion of the City, to allow the
integration of the structure into an existing or proposed structure, such as a light standard,
power line support device, or similar structure.
154.505 ACCESSORY AND SECONDARY USE ANTENNAS. The following
standards shall apply to all accessory and secondary use antennas including radio and
television receiving antennas. satellite dishes, TVROs two (2) meters or less in diameter,
short -wave radio dispatching antennas, or those necessary for the operation of electronic
equipment including radio receivers, ham radio transmitters and television receivers.
(A) Accessory or secondary use antennas shall not be erected in any required
yard (except a rear yard) or within public or private utility and drainage easements, and
shall be set back a minimum of three (3) feet from all lot lines.
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(B) Guy wires or guv wire anchors shall not be erected within public or private
utility and drainage easements, and shall be set back a minimum of one (1) foot from all
lot lines.
(C) Accessory or secondary use antennas and necessary support structures or
towers may extend a maximum of fifteen (15) feet above the normal height restriction for
the affected zoning district, except support structures and antennas used in amateur radio
service may extend a maximum of two (2) times the normal height restriction for the
affected zoning district.
(D) The installation of more than one (1) tower per property shall require the
approval of a conditional use permit.
154.506 PERSONAL WIRELESS SERVICE ANTENNAS.
(A) Residential District and Public/Institutional District Standards.
(1) Antennas Located Upon A Public Structure Or Existing Tower:
Personal wireless service antennas located upon public structures or existing towers shall
require the processing of a conditional use permit and shall comply with the following_
standards:
(a) The applicant shall demonstrate by providing a coverage or
capacity analysis prepared by a professional engineer that location of the antennas as
proposed is necessary to meet the frequency reuse and spacing needs of the personal
wireless service system and to provide adeauate-wireless coverage and capacity to areas
which cannot be adequately served by locating the antennas in a less restrictive zoning
district.
(b) Transmitting, receiving and switching equipment shall be
housed within an existing structure whenever possible. If a new equipment building is
necessary for transmitting, receiving and switching equipment, it shall be situated in the
rear or side yard of the principal use and shall be screened from view by landscaping
where appropriate.
(c) A conditional use permit is issued in compliance with the
provisions of Section 2 025 of this Chapter.
(2) Antennas Not Located Upon A Public Structure Or Existing Tower:
Personal Wireless Service antennas not located upon a public structure or existing tower
shall require the processing of a conditional use permit and shall comply with the
following standards:
(a) The applicant shall demonstrate by providing a coverage or
capacity analysis prepared by a professional engineer that location of the antennas as
proposed is necessary to meet the frequency reuse and spacing needs of the wireless
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City of Lake Elmo October 23, 2006 mtg.
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system and to provide adequate coverage and capacity to areas which cannot be
adequately served by locating the antennas in a less restrictive district.
(b) If no existing structure which meets the height requirements
for the antennas is available for mounting purposes, the antennas may be mounted on a
monopole tower provided that:
1. The pole not exceed seventy-five (75) feet in height.
2. The setback of the pole from the nearest residential
structure is not less than the height of the antenna. Exceptions to such setback may be
granted if a qualified structural engineer specifies in writing that any collapse of the pole
will occur within a lesser distance under all foreseeable circumstances.
(c) Transmitting, receiving and switching equipment shall be
housed within an existing structure whenever possible. If a new equipment building is
necessary for transmitting, receiving and switching equipment, it shall be situated in the
rear or side yard of the principal use and shall be screened from view by landscaping
where appropriate.
(d) At the discretion of the City. a security fence not greater than
eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided
around the support structure.
(e) The conditional use permit provisions of Section 21015 of this
Chapter are considered and determined to be satisfied.
(3) Temporary Mobile Towers: Personal wireless service antennas in
Public/Institutional Districts located upon a temporary mobile tower used on an interim
basis shall require the processing of a Conditional Use Permit and shall comply with the
following standards:
(a) Temporary mobile towers are exempt from co -location and
permanent tower structure design standards contained in Section 21175.02. Subd. 9 and
Subd. 10, Section 21175.03, and Section 21175.10.
(b) The termination date of the permit shall not exceed one
hundred and twenty (120) days. Temporary mobile towers located on a site longer than
one hundred and twenty (120) days shall require the processing of a Conditional Use
Permit subject to the standards contained in Sections 21020 and 21175.
(c) Guyed towers are prohibited.
(d) Mobile units shall have a minimum tower design windload of
eighty (80) miles -per -hour. or be setback from all structures a distance equal to the height
of the tower.
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(e) All towers shall be protected against unauthorized climbing.
(f) The height of the tower shall not exceed ninety (90) feet.
(g) Temporary towers shall be prohibited in residential zoning
districts.
(B) Commercial Or Business District Standards:
(1) Antennas Located Upon An Existing Structure or Tower. Personal
wireless service antennas located upon an existing structure or co -located on an existing
tower shall require the processing of a conditional use permit.
(a) Transmitting, receiving and switching equipment shall be
housed within an existing structure whenever possible. If a new equipment building is
necessary for transmitting, receiving and switching equipment, it shall be situated in the
rear or side yard of the principal use and shall be screened from view by landscaping
where appropriate.
(b) A conditional use permit is issued in compliance with the
provisions of Section 21025 of this Chapter and the following standards.
1. Antennas mounted on public structures shall not extend
more than fifteen (15) feet above the structural height of the structure to which they are
attached.
2. Building -mounted antennas shall not extend more than
ten (10) feet above the roof, and shall be setback at least five (5) feet from the roof edge.
3. Wall or facade mounted antennas may not extend more
than five (5) feet above the cornice line and must be constructed of a material or color
which matches the exterior of the building..
(2) Antennas Not Located Upon An Existing Structure or Existing Tower:
Personal Wireless service antennas not located upon an existing structure shall reauire the
processing of a conditional use permit and shall comply with the following standards:
(a) The applicant shall demonstrate by providing a coverage or
capacity analysis prepared by a professional engineer that location of the antennas as
proposed is necessary to meet the frequency reuse and spacing needs of the wireless
system and to provide adequate coverage and capacity to areas which cannot be
adequately served by locating the antennas in a less restrictive zoning district.
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City of Lake Elmo October 23, 2006 mtg.
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(b) If no existing structure which meets the height requirements for
the antennas is available for mounting purposes, the antennas may be mounted on a
monopole tower provided that:
1. The pole not exceed seventy-five (75) feet in height.
2. The setback of the pole from the nearest residential
structure is not less than the height of the antenna. Exceptions to such setback may be
granted if a qualified structural engineer specifies in writing that any collapse of the pole
will occur within a lesser distance under all foreseeable circumstances.
(c) Transmitting, receiving and switching equipment shall be
housed within an existing structure whenever possible. If a new equipment building is
necessary for transmitting, receiving and switching equipment, it shall be situated in the
rear or side yard of the principal use and shall be screened from view by landscaping
where appropriate.
(d) At the discretion of the City, a security fence which shall meet
the requirements set forth in the fence ordinance and with a maximum opacity of fifty
(50) percent shall be provided around the support structure.
(e) The conditional use permit provisions of Section 21015 of this
Chapter are considered and determined to be satisfied.
(3) Temporary Mobile Towers: Personal wireless service antennas
located upon a temporary mobile tower used on an interim basis until a permanent site is
constructed shall require the processing of a Conditional Use Permit and shall comply
with the following standards:
(a) Temporary mobile towers are exempt from co -location and
permanent tower structure design standards contained in Section 21175.02. Subd. 9 and
Subd. 10. Section 21175.03, and Section 21175.10.
(b) The termination date of the permit shall not exceed one
hundred and twenty (120) days. Temporary mobile towers located on a site longer than
one hundred and twenty (120) days shall require the processing of a Conditional Use
Permit subiect to the standards contained in Sections 21020 and 21175.
(c) Guyed towers are prohibited.
(d) Mobile units shall have a minimum tower design windload of
eighty (80) miles -per -hour, or be setback from all structures a distance equal to the height
of the tower.
(e) All towers shall be protected against unauthorized climbing.
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City of Lake Elmo October 23, 2006 mtg.
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(f) The height of the tower shall not exceed ninety (90) feet.
154.507 SATELLI I E DISHES.
(A) Residential District and Public and Ouasi-Public District Standards. Single
satellite dish TVROs greater than one (1) meter in diameter may be allowed as a
conditional use within the residential zoning districts of the City and shall comply with
the following standards:
(1) A11 accessory and secondary use provisions of Sections 21175.02 and
21175.06 of this Chapter are satisfactorily met.
(2) The lot on which the satellite dish antenna is located shall be of
sufficient size to assure that an obstruction -free receive window can be maintained within
the limits of the property ownership.
(3) Except where the antenna is screened by a structure exceeding the
antenna height, landscape buffering and screening shall be maintained on all sides of the
satellite dish antenna in a manner in which growth of the landscape elements will not
interfere with the receive window.
(4) The satellite dish antenna is not greater than three (3) meters in
diameter.
(5) The conditional use permit provisions of Section 21015 of this
Chapter are considered and determined to be satisfied.
(B) Business District Standards. Satellite dish antennas within business districts
of the City shall be limited to those listed as permitted accessory and secondary uses in
the applicable zoning district subiect to the provisions of Sections 21175.02 and 21175.06
of this Chapter.
154.508 COMMERCIAL AND PUBLIC RADIO AND TELEVISION
TRANSMITTING ANTENNAS, AND PUBLIC UTILITY MICROWAVE_
ANTENNAS.
Commercial and public radio and television transmitting and public utility microwave
antennas shall comply with the following standards:
(A) Such antenna shall be considered an allowed conditional use within the
Public and Ouasi-Public District as provided by each district of the City and shall be
subiect to the regulations and requirements of Section 21015 of this Chapter.
(B) The antennas, transmitting towers, or array of towers shall be located on a
continuous parcel having a dimension equal to the height of the antenna, transmitting
tower, or array of towers measured between the base of the antenna or tower located
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City of Lake Elmo October 23, 2006 mtg.
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nearest a property line and said property line, unless a qualified structural engineer
specifies in writing that the collapse of any antenna or tower will occur within a lesser
distance under all foreseeable circumstances.
(C) Unless the antenna is mounted on an existing structure, at the discretion of
the City, a fence which shall meet the fence ordinance requirements and with a maximum
opacity of fifty (50) percent shall be provided around the support structure and other
equipment.
154.509 ADDITIONAL SUBMITTAL REOUIREMENT. In addition to the
information required elsewhere in this Code, development applications for towers,
excluding amateur radio towers, shall include the following supplemental information:
(A) A letter of intent committing the tower owner and his or her successors to
allow the shared use of the tower if an additional user agrees in writing to meet
reasonable terms and conditions for shared use.
(B) A copy of the relevant portions of a signed lease which requires the applicant
to remove the tower and associate facilities when they are abandoned, unused or become
hazardous shall be submitted to the City.
(C) A sketch drawn to scale acceptable to the City Planner and City Engineer
which illustrates:
parcel; and
(1) The parcel on which the tower and accessory ground facilities;
(2) The buildings located and to be located on the tower parcel;
(3) The buildings located within 100 feet of the perimeter of the tower
(4) Access easements as necessary to the tower parcel.
(D) A sketch drawn to scale or a photo image acceptable to the City Planner and
City Engineer which illustrates the relative size of the proposed wireless
telecommunication tower or existing structure on which the antenna will be located
compared to structures located within 100 feet of the perimeter of the parcel on which the
tower is located and which illustrates the visibility of the tower from adjoining parcels
located within 100 feet of the perimeter of the parcel on which the tower is located. The
City Planner may also require a visual impact demonstration including mock-ups and/or
photo montages and plans for painting the tower;
(E) A report from a qualified and licensed professional engineer which:
(1) Describes the wireless telecommunication tower height and design
including a cross-section and elevation;
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City of Lake Elmo October 23, 2006 mtg.
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(2) Certifies the wireless telecommunication tower's compliance with
structural and electrical standards;
(3) Documents the height above grade for the mounting positions, which
can be used for co -location and the minimum separation distances between the co -
location positions; and
(4) Describes the wireless telecommunication tower's capacity to support
antennae, including an example of the number and type of antennas that can be
accommodated on the wireless telecommunication tower.
(F) A 2-year plan for wireless telecommunication facilities to be located within
the city shall be submitted by the applicant. The city acknowledges that the plans are
fluid and in all likelihood will change depending upon market demands for the service.
The city will maintain an inventory of all existing and reasonably anticipated cell site
installations. The applicant shall provide the following written information in each 2-
year plan and the plan must be updated with each submittal for a new wireless
telecommunication tower penult as necessary:
(1) A description of the radio frequencies to be used for each technology;
(2) A list of all existing sites to be upgraded or replaced, and proposed
cell sites within the city for these services by the applicant; and
(3) A presentation size map of the city, which shows the 2-year plan for
cell sites, or if individual properties are not known, the geographic service areas of the
cell sites.
(G) The cost of mailing addresses for all property owners of record located
within 1,000 feet of the subject property to be complied by the city;
(H) An application fee in an amount prescribed from time to time by City
Council resolution as necessary to reimburse the city for costs incurred to process the
wireless telecommunication tower permit application;
(I) Confirmation that the applicant is properly licensed by the F.C.C., or is the
authorized representative of a wireless telecommunication provider properly licensed by
the F.C.C.;
(J) Written authorization from the property owner describing the area which will
be subject to the tower lease and acknowledging that the property owner will be
responsible for removal of the wireless telecommunication tower, antennae, and tower
accessory equipment which is unused or abandoned for 12 consecutive months;
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City of Lake Elmo October 23, 2006 mtg.
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(K) Documentation of the steps to be taken by applicant to avoid causing
destructive interference to co -located previously established public safety
communications facilities; and
(L) A detailed landscape plan, which indicates how tower accessory equipment
will be screened.
154.512 150.115 PLANNING COMMISSION REVIEW.
(A) Upon receipt of a completed application, the City Planner shall schedule a
hearing before the Planning Commission which shall be preceded by 10-days mailed
notice to the record owners of property located within 1,000 feet of the parcel on which
the tower will be located.
(B) The Planning Commission shall make recommendations to the City Council
regarding the issuance of the wireless telecommunication tower permit and, in particular,
in regard to the following:
(1) Compliance of application with the city regulations and development
standards; and/or
(2) Proposed conditions, as necessary, to prevent the wireless
telecommunication tower, antennae, and tower accessory equipment from becoming a
nuisance to surrounding property owners.
154.513 6 CITY COUNCIL REVIEW.
(A) Upon receipt of Planning Commission recommendations, the City Council
shall review the application. The City Council may approve the application subject to
conditions, table its review until a date certain, or deny the application for a conditional
use permit. If the application is approved by the City Council, a conditional use permit
and a building permit shall be issued upon the execution of a wireless telecommunication
tower agreement.
(B) The agreement shall be signed by the applicant and property owner and the
terms of the agreement shall include the following:
(1) A list of the conditions of approval to the conditional use permit;
(2) A statement indicating that failure to comply with the conditions of
approval shall result in the removal of the wireless telecommunication tower, antennae,
or tower accessory equipment;
(3) A statement indicating that the expenses incurred by the city to
enforce the provisions of the wireless telecommunication tower agreement shall be
reimbursed by the applicant;
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(4) A statement, which requires the applicant to utilize the procedures
established by the F.C.C. to resolve any complaints received relating to interference
allegedly caused by the wireless telecommunication tower; and
(5) A statement indicating that a wireless telecommunication tower which
has not been used for 12 consecutive months shall be deemed abandoned and may be
required to be removed in the same manner and pursuant to the same procedures as for
hazardous and substandard buildings (M.S. §§ 463.15 through 463.261, as they may be
amended from time to time).
154.514 150.119 CONSTRUCTION PERMITS.
All wireless telecommunication towers erected, constructed, or located within the city,
and all wiring therefore, shall comply with the requirements set forth in the Uniform
Building Code.
154.515 150.121 LIGHTING.
At night, wireless telecommunication towers shall not be illuminated by artificial
means.
154.516 150.123 INTERFERENCE WITH PUBLIC SAFETY
TELECOMMUNICATION.
No wireless telecommunication facility shall interfere with public safety
telecommunications. All wireless telecommunication towers/antennas shall comply with
F.C.C. regulations and licensing requirements.
154.517 150.121 PROHIBi'1'ED SUBDIVISIONS.
Where a wireless telecommunication facility has been located on a residentially or
agriculturally zoned parcel greater than 10 acres, except when the facility is located
within a power line easement, or within 100 feet of the easement, the parcels shall not be
further subdivided unless the resulting parcel on which the wireless telecommunication
facility is located continues to be more than 10 acres in size.
154.518 150.125 ACCESSORY UTILITY BUILDINGS.
All utility buildings and structures accessory to a tower shall be architecturally
designed to blend in with the surrounding environment.
154.519 150.126 GROUND -MOUNTED EQUIPMENT.
All ground mounted equipment accessory to a wireless telecommunication tower shall
be enclosed in a building with brick walls and have a dark colored standing seam metal
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DRAFT Zoning Ordinance
roof and be further screened with sufficient trees, as determined by the City Planner, and
shrubs to substantially reduce the visual impact.
AMATEUR RADIO TOWER ANTENNA
154.520 150.155 PURPOSE AND INTENT.
The city's amateur radio tower antenna regulations are adopted in order to:
(A) Facilitate the provision of amateur radio tower antenna services to the
residents and businesses of the city;
(B) Minimize adverse visual effects amateur radio tower antennas through
careful design and siting standards;
(C) Minimize adverse visual effects of amateur radio tower antennas; and
(D) Avoid potential damage to adjacent properties from amateur radio tower
antenna failures through structural standards and setback requirements.
154.521 0.156 PERMIT REQUIRED.
No person shall install an amateur radio tower antenna higher that what is permitted in
the zone in which it is located without first receiving the appropriate permit.
154.522 150.157 AMATEUR RADIO TOWER ANTENNA PERMIT.
(A) Applications for a amateur radio tower antenna permit shall be submitted to
the City Planner, and shall include the following:
(B) (1) A survey drawn to scale, which illustrates the parcel on which the
antenna will be located, buildings located on the parcel, buildings located with 100 feet of
the parcel, and the location of the proposed amateur radio tower antenna;
(2) A drawing to scale, which illustrates the antenna's relative size and
visibility from adjoining property. Amateur radio tower antenna structures shall not
exceed 120 feet in height. The amateur radio tower antenna must be set back from all
adjoining property lines a distance no less than the height of the amateur radio tower
antenna plus 15 feet;
(3) Documentation from the amateur radio tower antenna manufacturer
showing construction details and construction materials;
(4) Mailing addresses for all property owners of record located within 350
feet of the subject property; and
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(5) A copy of the applicant's F.C.C. amateur radio license.
154.523 150.158 PLANNING COMMISSION REVIEW.
(A) Upon receipt of a completed application, the City Planner shall schedule a
hearing before the Planning Commission, which shall be preceded by 10-days mailed
notice to the record owners of property located within 350 feet of the parcel on which the
amateur radio tower antenna will be located.
(B) The Planning Commission shall make recommendations to the City Council
regarding the issuance of amateur radio tower antenna permit and, in particular,
concerning the following:
(1) The reasonable necessity for the amateur radio tower antenna;
(2) The appropriateness of the amateur radio tower antenna design;
(3) The appropriateness of the amateur radio tower antenna's construction
materials and assembly;
(4) Maintenance requirements; and/or
(5) The distance of the amateur radio tower antenna from adjoining property
lines.
§ 150.159 CITY COUNCIL REVIEW.
(A) Upon receipt of Planning Commission recommendations, the City Council shall
review the application. The City Council may approve the application subject to
conditions, table its review until a date certain, or deny the application for an amateur
radio tower antenna permit. If the application is approved by the City Council, an
amateur radio tower antenna and a building permit shall be issued upon the execution of
an amateur radio tower antenna agreement.
(B) The terms of the amateur radio tower antenna agreement shall include the
following:
(1) A list of the conditions of approval to the amateur radio tower antenna
permit;
(2) A statement indicating that failure to comply with the conditions of approval
shall result in the removal of the amateur radio tower antenna structure;
(3) A statement indicating that the expenses incurred by the city to enforce the
provisions of the amateur radio tower antenna agreement shall be reimbursed by the
applicant;
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(4) A statement, which requires the applicant to use the procedures established
by the F.C.C. to resolve any complaints received relating to interference allegedly caused
by the amateur radio tower antenna; and
(5) A statement indicating that the amateur radio tower antenna permit shall be
valid during the term of the amateur radio tower antenna agreement and only while the
applicant resides on the property.
§ 150.160 REVIEW AND REVOCATION.
The City Planner shall inspect the property at least annually for compliance with the
provisions of the amateur radio tower antenna agreement. If the permittee does not
comply with the terms of the agreement, a hearing shall be scheduled before the City
Council for determining whether to terminate the agreement. The hearing shall be
preceded by l0-days mailed notice to occupants of property within 350 feet of the lot on
which the amateur radio tower antenna is located.
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