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HomeMy WebLinkAboutOrdinance 588 . . . ORDINANCE NO. 588 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 1124 OF THE MOUNDS VIEW ZONING CODE RELATING TO THE LOCATION AND DESIGN OF WIRELESS TELECOMMUNICATION FACILITIES WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 1124.01 of the Mounds View Zoning Code is hereby amended to read as follows: 1124.01: AUmORITY. This Section is adopted pursuant to the authOIity glanted to the City in :Minnesota. Statutes, Section 462.335, Subdivision 4, entitled "Interim Ordinance." PURPOSE: The zoning regulation of wireless telecommunications facilities is intended to provide for the appropriate location. development and installation of telecommunications towers and antennae within the City of Mounds View ("City"). The provisions of this Code are intended to protect the health. safety and aesthetic concerns of the community by minimizing the adverse visual effects of towers and antennae through careful design. siting and screening: by avoiding potential damage from tower failure to adiacent properties through structural standards and setback requirements: and by maximizing the use of existing towers. structures or buildings to accommodate new telecommunications antennae in the City. SECTION 2: Section 1124.02 of the Mounds View Zoning Code is hereby amended to read as follows: 1124.02: PURPOSE. The City of~{-ounds View ("City") CUll ently does not I egulate wireless tlansmission and reception facilities tluough its Zoning Code. The Mounds View Planning Commission is in the process of leviewing the appropriate zarling fol the establishment of new use, development or GonstIUGtion of commercial wileless telecommunications seIvices (hereinafter "Towers and Antennas"), induding Towers and Antennas fOI cellulal, personal communication services (PCS), specialized 1110bilized ladio (SMR), enllallGed spec.ialized mobilized ladio (ESMR), paging, and similar Set vices marketed to the public within the City. Market demand, lapid advances in technology and expanding fedetallicensule ofladio . . . Ordinance 588 January 27,1997 Page 2 flequencies has resulted in the incleased requests to locate Towel and Antennas within the City, and that tlend can be expected to accelerate in the reasonably foreseeable futmc. The City Council is concemed that there is a lack of contlols lelating to TOvYers and Antennas and the Zoning Ordinance may not adequately addl ess issues I elated to these Towers and Antennas, such as the applopriate locations fOI the Towers and Antennas and the conditions undel which they may be allowed within the City, including stItlCtulal and constItlction requirements, co-location, setbacks, and height limitations. The City has rece~ed inquiries flom con1panies desiring to constl uet Towers and Antennas and othel facilities in the City. The City COtlllcil finds that it is necessary to conduct studies to detenmne if thel e is a need to amend the City's Zoning Code 01 its conlplehensi\fe plan relating to Towers and AIdermas, and if so, to adopt tIle apPlopriate amendments. The City Council finds that ther e is a need to adopt interim measUl es fOI the pulpose of establishing an orderly planning process and plotecting the health, safety and vVelfare of its citizens I egal ding such matters. DEFINITIONS: The following words and terms. for purposes of this Chapter. shall be defined as follows: Subd. 1. ACCESSORY EQUIPMENT STRUCTURE: A building or cabinet-like structure located adiacent to. or in the immediately vicinity of. a wireless telecommunication tower or antenna to house equipment customarily incidental to the receiving or transmitting of wireless broadcasts. cellular telephone calls, voice messaging and paging services. Subd. 2. ANTENNA: Equipment used for transmitting or receiving radio frequency signals which is attached to a tower. building or other structure. usually consisting of a series of directional panels. microwave or satellite dishes. or omnidirectional "whip" antennae. Subd.3. ANTENNA STEALTH: Wireless telecommunication antenna designed to blend into the surrounding environment or integrated into the physical structure to which it is attached. Subd. 4. BASE TRANSCEIVER STATION: Equipment that provides the link between wireless communications and land-based public telephone switching networks. including radio frequency transceivers. back-up power sources. power amplifiers. and signal processing hardware. typically contained in a small building or cabinet. Subd.5. CO-LOCATION: The location of wireless telecommunications equipment from more than one provider on one common tower. building or structure. . . . Ordinallce 588 January 27, 1997 Page 3 Subd.6. TOWER: Any ground-mounted. pole. spire. structure or combination thereof. including supporting lines, cables. wires, braces and masts, to which a telecommunications antenna is attached or affixed. Subd.7. TOWER LATTICE: Three- or four-legged steel girdered structures typically supporting multiple communications users and services generally ranging from 60 to 200 feet in height. Subd. 8. TOWER MONOPOLE: Single pole design. approximately three feet in diameter at the base narrowing to approximately one and a half feet at the top. generally ranging from 25 to 125 feet in height. Subd. 9. UTILITY POLE: Pole used to support essential services such as power. telephone. or cable TV lines: or used to support street or pedestrian way lighting. typically located in public right-of-ways or boulevards. Subd.l0. WIRELESS TELECOMMUNICATION SERVICES: Licensed or unlicensed wireless telecommunication services including cellular. digital cellular. personal communication services (PCS). specialized mobile radio (SMR). enhanced specialized mobile radio (ESMR). commercial or private paging services. or similar services marketed or provided to the general public. SECTION 3. Section 1124.03 of the Mounds View Zoning Code is hereby amended to read as follows: 1124.03: MORATORIUM. A moratorium on the new use, development, 01 construction of Towers and Antemlas within the Ci~ is established. Daring the term of the mmatmium, no application for final site and building plan approval, building permits, and other permits and approvals related to such towers shaH be accepted by tIte City. Neither the Planning Co1t11nission nor the Ci~ Council shall consider or grant approval of any applh~a:tion of such work. No building permits for such work shall be issued for the development or construction of Towers and Antennas within the City. For the purposes of the ruoratoriunl, the ternl Towers al1d A.htennas shall include any pole, spire, structure, or combination thereof, indading supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting Towers and Antennas or similat appatatus above grade, for the purpose ofproviding commercial wireless teleconmlUnication ser viGes to the public. The moratorium shaH 110t appry to (a) the use of existing water towers in the d~, or (b) Towers and Antennas work that has received all necessary permits and approval from the City prim to the effective date of this ordinance. . . . " 1- ~nn urwnance :> IS IS January 27, 1997 Page 4 1124.03: ALLOWANCE FOR TOWERS AND ANTENNAE BY ZONING DISTRICT: Subd. 1. Permitted Uses. All Districts: Wireless telecommunication towers and antennae shall be allowed in any district as a permitted use only as provided below: a. Water Tower: Wireless telecommunication antennae shall be permitted upon City- owned water towers provided the applicant has an approved lease agreement with the City and has obtained a building permit from the City and paid all applicable permit fees. b. Co-location on Existin2 Towers: Wireless telecommunication antennae shall be permitted to be attached to existing towers within the City in accordance with the applicable siting guidelines and design criteria in Section 1124.04. after the applicant has provided to the City a written statement of approval from the tower owner or lessor and has obtained a building permit from the City and paid all applicable permit fees. c. Utility Poles: Wireless telecommunication antennae shall be permitted to be attached to utility poles after the applicant has provided a written statement of approval from the utility pole owner or lessor and has obtained a building permit from the City and paid the necessary fees. The height of the antennae shall not exceed ten (10) feet and shall not extend more than six (6) feet above the pole. Subd.2. Conditional Uses. Specific Districts: Wireless telecommunication towers and antennae shall be allowed with the approval of a conditional use permit in the zoning districts specified in the table below and in accordance with the co-location requirements stated in Section 1124.04. siting requirements and design criteria stated in Section 1124.05. and the procedural requirements stated in Section 1124.06. The procedure for review and action on conditional use permits shall be as stated in Section 1125.01. Conditional use permits are not required for towers and/or antennae used by the City for City purposes or public agencies for public safety purposes: or for repair, adjustment or replacement of the elements ofa wireless telecommunication antenna array affixed to a tower. if the repair. replacement or adiustment does not reduce acceptable safety standards. The height limitations listed in the following table shall include all parts of the wireless telecommunication tower and antenna structure except for that space needed for lightening diffusion apparata. . . . Ordinance 588 January 27, 1997 Page 5 :::.:.::~:~:~::;":::;:;::.:iili:im_':::jl:I:~:.::::::!:.~::.:.::::::::~:!:.~::::~::.~::::;..i:..i.i!I!::.:~~::i;:j.::j:::i:':i~"i.!,!!.!ii~~i!:.:.~:~~:.::~':::~::~::~.::::::::.~: . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................... . .......... .................. .. . .:~::::)Y~!ljJjif.9~~ijijij:m R-l,R-2,R-3,R-4,R-5,R-O (antennae only) 10 feet above the height of the roof, allowed only if mounted on educational facilities, religious institutions, government or public utility buildings; or in "upward thrusting architectural elements" such as church steeples, bell towers or smokestacks1 N/A B-l,B-2 B-3 B-4 PUD " 3 (Commercial PUDs only.) 75 Feet 95 Feet 2 120 Feet 2 100 Feet I-l,PUD (Industrial PUDs only.) 3 CRP and PF ISO Feet N/A 100 feet, allowed only if incorporated into new or existing facilities or structures, such as using the tower as a light standard for ball fields or parking areas, or into mature tree stands that provide a suitable screen for at least half the height of the tower. 120 Feet 2 1 2 In accordance with Section 1124.05, Subd. 7 of this Code. Co-location height bonus subject to applicant providing to the City proof of a signed lease arrangement, shared use agreement, or other like document. For towers and antennae proposed in PUDs, the applicant shall file a request to amend the existing PUD fmal plan and/or adopted conditional use permit in accordance with Chapter 1120 and Section 1125.01 of this Code. Wireless telecommunication towers and antennae shall not be allowed in PUDs having residential uses. 3 SECTION 4: Section 1124.04 of the Mounds View Zoning Code is hereby amended to read as follows: 1124.04: EXPIRATION. Unless ea1liet Iepealed or modified by the City Council, this OIdinance shall Iemain ill effect for one hundred eight~ (180) days flom effective date. CO-LOCATION REOUIREMENTS: Subd. 1. A proposal for a new wireless telecommunication tower shall not be approved unless the applicant documents to the satisfaction of the City that the antenna planned for the proposed tower cannot be accomm<?dated onan existing or approved tower or commercial or industrial building within a one-half mile radius. transcending municipal borders. due to one or more of the following: a. The antenna would exceed the structural capacity of the existing or approved tower or commercial building. . . . Ordinance 588 January 27, 1997 Page 6 b. The antenna would cause interference with other existing or planned equipment at the tower or building. c. Existing or approved towers and commercial buildings cannot reasonably accommodate the antenna at a height necessary for the proposed antenna to function. d. Existing or approved towers and commercial buildings are outside of the documented search area. e. The owners or lessors of existing or approved towers and commercial buildings are unwilling to allow co-location upon their facilities~or are unavailable to grant such an allowance. [ Approval cannot be obtained for co-locating upon an existing tower or antenna site which is within the documented search area but outside Mounds View municipal boundaries. Subd.2. It is the City's intent to encourage co-locating providers to share accessory equipment building space whenever possible and practical so as to minimize the number of necessary accessory buildings and their impact upon the surrounding community. An applicant co- locating on another provider's tower shall incorporate its base transceiver station and all other equipment into an existing accessory equipment building or suitable principal structure. except as otherwise provided in this Subd. 2. Tfthis requirement cannot be met due to insufficient space within the existing accessory building. security issues. competition or compatibility concerns. or for other reasons. one of the following options. ranked in preferential order. shall be utilized: a. The existing accessory building shall be expanded to a size sufficient to house the co-Iocator's equipment. Such building expansion shall match the design and features of the existing accessory equipment building. The applicant shall obtain a building permit from the City prior to construction. b. A cement pad shall be constructed alongside and adiacent to the existing accessory equipment building upon which the co-locator's equipment shall be attached. The applicant shall obtain a building permit from the City prior to construction. c. A separate building shall be constructed that conforms to all the requirements set forth in Section 1124.05 of this Code. . . . Ordinance 588 January 27, 1997 Page 7 SECTION 5: Sections 1124.05 through 1124.07 are hereby added to the Mounds View Zoning Code as follows: 1124.05: SITING AND DESIGN REOUIREMENTS: The requirements of this section apply to all wireless telecommunication towers and antennae erected. constructed. placed. or replaced in the City. All wireless telecommunication towers and antennae shall be designed and situated to be visually unobtrusive to minimize the impact upon the neighboring uses and shall conform to the following design and siting criteria: Subd. 1. Setbacks: The minimum setback from any property line or public right-of-way for a wireless telecommunication tower is thirty feet (30') unless abutting a residential district. then at least half the height of the tower. Where placed on a lot improved with a principal building. the wireless telecommunication tower shall be located only in the rear yard or interior side yards not abutting streets. Wireless telecommunication towers shall not be placed between the principal building and any street abutting the property. Setbacks for accessory equipment structures associated with wireless telecommunication towers and antennae shall meet the requirements as outlined in Section 1104.01. Subd. 4 ofthe Zoning Code. Subd. 2. Accessory Equipment Structures: The base transceiver station and all other related equipment shall be housed in an existing building whenever possible. If an existing building is unavailable. a new accessory equipment building may be constructed according to Minnesota State Building Code requirements and shall be of the same or better construction. design and appearance as any principal structure or adjacent buildings. If the equipment is to be housed in a weather-proof cabinet-like structure in lieu of a building. it shall be mounted upon a suitable concrete pad. Subd.3. Fencing: The wireless telecommunication antenna tower and/or accessory equipment structure shall be surrounded with an eight foot (8') fence so as to prevent unauthorized entry and access to the equipment building or tower. Barbed wire. razor wire or electrified fences shall not be permitted. Subd.4. Landscaping and Screening: The wireless telecommunication tower and/or accessory equipment building shall be landscaped and screened with a mixture of six-foot (6') tall evergreens and one and one-half inch (1 W') caliper ornamental deciduous trees at a ratio offour (4) evergreens per every one (1) deciduous tree. spaced no less than eight (8) feet apart on center so as to achieve at least a fifty percent (50%) opaque screen. Trees may be clustered to create a more natural appearance to the screening. In addition to these landscape requirements. wireless telecommunication towers and/or accessory equipment buildings located in the PF and CRP zoning districts shall include a mix of shrubbery . . . ^_.:I~_____ ~oo VIUllllUl\,;C ..JOO January 27.1997 Page 8 and/or flowering perennials in order to enhance and complement the natural features and environmental value of the City's parks and recreation areas. The landscaping plan shall be reviewed by the City Forester and approved by the City Council as part of a conditional use permit (CUP) or by the Director of Community Development. if the wireless telecommunication tower or antenna is allowed as a permitted use. The City Council or Director of Community Development. as applicable. may waive the landscaping and/or screening requirements upon request of the applicant if the existing landscaping and screening is deemed sufficient. Subd. 5. Color: The wireless telecommunication tower and antenna shall be of a neutral color such as light grey or sky blue except as dictated by the Federal Aviation Administration (f AA) and be designed to minimize visibility and to blend into the surrounding environment. Subd. 6. Construction Type and Materials: The wireless telecommunication tower shall be of a monopole construction unless a variance is granted by the Board of Adiustment and Appeals. Guy-wired towers shall not be permitted. Metal towers shall be constructed of. or treated with. corrosive resistant materials. Subd.7. Roof-Mounted Wireless Telecommunication Antennae: Roof-mounted wireless telecommunication antennae shall not be permitted on buildings with pitched-roofs. unless they are stealth antennae incorporated into upward thrusting architectural elements. such as a church steeple. spire or bell-tower. smokestack. etc. On flat roofs. the height of the antenna and mounting hardware may not more than 10 feet above the highest point of the roof to which the antenna is attached. Subd.8. Structurally-Mounted Wireless Telecommunications Antennae: Telecommunication antennae mounted upon sides of buildings shall be attached flush against building side. not to protrude more than the depth of the antennae. Structurally mounted antennae not affixed to towers shall be made to blend into the design and contours of the structure, unless roof-mounted in accordance with Section 1124.05. Subd. 7 of this Code. Subd.9. Prevention of Radiation: Wireless telecommunication antennae shall be subiect to state and federal regulations regarding non-ionizing radiation and other health hazards related to such facilities. If the federal government adopts new. more restrictive standards. the antennae shall be made to comply or the antenna shall be removed by the owner or the City at the tower owner's expense. The owner or operator of the tower shall pay any associated costs of compliance verification. Subd. 10. Lights: No wireless telecommunication tower or antenna shall have affixed or attached to it in any way except during time of repair or installation. any lights. reflectors. flashers. day-time strobes or steady night time light or other illumination devices. except as required by the Federal Aviation Agency. the Federal Communications Commission or the . . . Ordina..l1ce 588 January 27, 1997 Page 9 City. This restriction against lights shall not apply to towers which have been combined with light standards for illumination of ball fields. parking lots, playgrounds. or other similar public uses. as provided in Section 1124.03. Subd. 2 for the PF and CRP districts. Subd. 11. Signs and Advertising: The use of any portion of a tower for signs or advertising. other than required warning signs. shall be prohibited. Subd. 12. Other Attachments: No antenna or tower shall have constructed thereon. or attached thereto. any platform. catwalk. crows' nest. or like structure for the purpose of human support, except during periods of construction or repair. Subd. 13. Interference with Public Safety Telecommunications: No new or existing telecommunications service shall interfere with public safety telecommunications. 1124.06: PROCEDURAL REOUIREMENTS: Subd. 1. Conditional Use Permit Requirements: Applicants proposing to erect wireless telecommunication towers and/or antennae that require a conditional use permit (CUP) as outlined in Section 1124.03. Subd. 2. shall provide at the time of application the following information: a. A notarized document from the property owner or lessor that allows the applicant to apply for a CUP and building permit to erect a wireless telecommunication tower and/or antenna. b. Demonstration of need. in accordance with Section 1124.06. Subd. 3 of this Code. c. A site plan which shows property lines. location of wireless telecommunication tower or antenna. setback distances. any accessory equipment structure. fencing and landscaping proposed. d. Sufficient information to show that construction. installation and maintenance of the wireless telecommunication tower and/or antenna will not create a safety hazard or damage to the property of other persons. e. Proof ofinsurance. in accordance with Section 1124.06. Subd. 4 of this Code. f. Any other information necessary for the City to evaluate the CUP. . Ordinance 588 January 27, 1997 Page 10 Subd. 2. Buildin~ Permits: Applicants proposing to erect wireless telecommunication towers and/or antennae shall obtain a building permit. The towers and antennae are subiect to inspection by the City building official to determine compliance with Minnesota State Building Code construction standards. No building permit shall be issued by the City without prior approval of a CUP by the City Council if applicable. When no CUP is required. the applicant shall provide to the City all information as required by Section 1124.06. Subd. 1 ofthis Code at the time of application for building permits. in addition to that required by Section 1124.06. Subd 2a below. Building permits shall not be required for the repair. replacement. adjustment and/or alteration of the elements of antenna arrays if such work does not reduce acceptable safety standards. a. A report and plan from a qualified and registered engineer or firm that specifies and includes the following: .L 2. . 1. 4. The tower height and design including a cross section and elevation. The height above grade for all potential mounting positions for co-located antennae and the minimum separation distances between antennae. The capacity of the tower. including the number and type of antennae that the tower can accommodate. The steps that the applicant will take to avoid interference with established public safety telecommunications. ~ An engineer's stamp and registration number. Subd.3. Demonstration oCNeed: The aoplicant shall provide a diagram showing the cell site configuration illustrating the coverage area of the proposed wireless telecommunication tower and/or antenna. This diagram shall demonstrate the frequency re-use and spacing needs of the wireless system in order to provide adequate coverage and capacity to areas that cannot be adequately served by locating the antenna on an existing structure. Subd.4. Proof of Insurance: The applicant shall provide the City with proof of liability insurance which protects against losses due to personal iniury or property damage resulting from the construction or collapse of the tower. antennae or accessory equipment. Such proof shall be supplied to the City by the wireless telecommunication tower owner or lessee at the time of application and shall be made available to the City from time to time upon its request. . Subd. 5. Removal of Abandoned or Dama~ed Towers: Any wireless telecommunication tower and/or antenna that is not used for one (1) year shall be deemed abandoned and the property owner shall remove the tower and/or antennae in the same manner and pursuant . . . Ordinance 588 January 27, 1997 Page 11 to the same procedures as for dangerous or unsafe structures established by Minnesota Statutes, Sections 463.15 through 463.26. If the owner fails to remove the tower and/or antenna after one (1) year. it may be removed by the City with the costs of such removal assessed against the property owner ofthe tower site. Subd.6. Violations: Deviations :from the approved construction plans and CUP is a misdemeanor. punishable as provided in Section 104.01 of this Code. 1124.07: NONCONFORMING WIRELESS TELECOMMUNICATION ANTENNAE AND TOWERS: Wireless telecommunication antennae and towers in existence as of the date of enactment of this ordinance that do not meet or comply with the provisions of this Chapter are subiect to the following: Subd. 1. Existing towers may continue in use for their existing pur:pose but may not be replaced or structurally altered to an extent exceeding ten percent (10%) of the tower's fair market value. as determined by the City. without meeting all standards in this Chapter. In no event shall any alteration have the effect of increasing or intensiJying the level or extent of a tower's nonconformity. Alterations shall be subject to Section 1124.06. Subd. 2 of this Code. Subd.2. If such tower is damaged or destroyed to the extent offifty percent (50%) or more of its fair market value. as determined by the City. due to any reason or cause whatsoever. the owner of the tower may choose to rebuild or remove the tower. In either case. the tower owner shall have one year in which to obtain a building permit :from the City and to complete the necessary work. If the owner chooses to rebuild the tower. the tower as reconstructed shall conform to all current and applicable regulations as specified by this Code. If a tower is damaged to an extent ofless than fifty percent (50%) of its fair market value. the tower owner shall have one year in which to obtain a building permit :from the City and to repair or restore the tower to its former size. height and use. The location and physical dimensions shall remain as they were prior to the damage or destruction. If the tower is not repaired or restored within one (1) year :from the date of the damage. the ability to repair or restore the tower shall lapse and may not be exercised. upon which time the tower shall be deemed abandoned. Subd. 3 Removal of Abandoned or Damaged Towers: Any tower and/or antenna that is not used for one (1) year shall be deemed abandoned and the property owner shall remove the tower and/or antennae in the same manner and pursuant to the same procedures as for dangerous or unsafe structures established by Minnesota Statutes. Sections 463.15 through 463.26. If the owner fails to remove the tower and/or antenna after one (1) year. it may be removed by the City with the costs of such removal assessed against the owner of the tower site. . . . f"\..;I;_n._,...ar, ,QQ '-.JI.1.UllJUlJ.,",'" JUU January 27,1997 Page 12 SECTION 6. Chapter 1106.04 related to conditional uses in the R-1 district is hereby amended to add Subdivision 8 as follows: Subd. 8. Wireless telecommunications towers and antennae subject to the provisions established in Chapter 1124 of the Zoning Code. SECTION 7. Chapter 1110.04 related to conditional uses in the R-5 district is hereby amended to add Subdivision 10 as follows: Subd. 10. Wireless telecommunications towers and antennae subject to the provisions established in Chapter 1124 of the Zoning Code. SECTION 8. Section 1112.04 of the Mounds View Zoning Code relating to conditional uses in the B-1 zoning district is amended to add Subdivision 5 to read as follows: Subd.5. Wireless telecommunications towers and antennae subject to the provisions established in Chapter 1124 of the Zoning Code. SECTION 9. Section 1113.04 of the Mounds View Zoning Code relating to conditional uses in the B-2 zoning district is amended to add Subdivision 6, to read as follows: Subd. 6. Wireless telecommunications towers and antennae subject to the provisions established in Chapter 1124 of the Zoning Code. SECTION 10. Section 1114.04 of the Mounds View Zoning Code relating to conditional uses in the B-3 zoning district is amended to add Subdivision 8, to read as follows: Subd.8. Wireless telecommunications towers and antennae subject to the provisions established in Chapter 1124 of the Zoning Code. SECTION 11. Section 1115.04 of the Mounds View Zoning Code relating to conditional uses in the B-4 zoning district is amended to add Subdivision 6, to read as follows: Subd. 6. Wireless telecommunications towers and antennae subject to the provisions established in Chapter 1124 of the Zoning Code. . "e . Ordinance 588 January 27, 1997 Page 13 SECTION 12. Section 1116.04 of the Mounds View Zoning Code relating to conditional uses in the 1-1 zoning district is amended to add Subdivision 22, to read as follows: Subd.21. Wireless telecommunications towers and antennae subject to the provisions established in Chapter 1124 of the Zoning Code. SECTION 13. Chapter 1117 of the Mounds View Zoning Code pertaining to the Conservancy, Recreation and Preservation (CRP) District is amended by adding new sections 1117.04 and 1117.05, respectively entitled "ACCESSORY USES" and "CONDITIONAL USES" relating to wireless telecommunication towers and antennae, to read as follows: 1117.04 ACCESSORY USES: The following shall be considered an accessory use in the CRP District: Subd. 1. An accessory building or cabinet-like structure located adjacent to. or in the immediate vicinity of. a commercial wireless telecommunication service tower and/or antenna. used for the sole purpose of housing related service equipment customarily incidental to the receiving or transmitting of wireless broadcasts. cellular telephone calls. voice messaging and paging services: subject to the design. landscaping and screening standards established in Section 1124.05 of the Zoning Code. 1117.05 CONDITIONAL USES: The following shall be considered a conditional use in the CRP District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 1. Wireless telecommunications towers and antennae subject to the provisions established in Chapter 1124 of the Zoning Code. SECTION 14. Chapter 1118 of the Mounds View Zoning Code pertaining to the Public Facilities (PF) District is amended by adding new sections 1118.03 and 1118.04, respectively entitled "ACCESSORY USES" and "CONDITIONAL USES" relating to wireless telecommunication towers and antennae, to read as follows: 1118.03 ACCESSORY USES: The following shall be considered an accessory use in the PF District: Subd. 1. An accessory building or cabinet-like structure located adjacent to. or in the immediate vicinity of, a wireless telecommunication service tower and/or antenna. used for the sole purpose of housing related service equipment customarily incidental to the receiving or transmitting of wireless broadcasts. cellular telephone calls. voice messaging and paging services: subject to the design. landscaping and screening standards established in Chapter 1124 ofthe Zoning Code. . . . Ordinance 588 January 27,1997 Page 14 1118.04 CONDITIONAL USES: The following shall be considered a conditional use in the PF District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 1. Wireless telecommunications towers and antennae subiect to the provisions established in Chapter 1124 of the Zoning Code. SECTION 15. The title of Chapter 1124 of the Mounds View Zoning Code is hereby amended to read as follows: NE\V USE, DEVELONvffiNT OR CONSTRUCTION OF COMMERCIAL VmmLESS TELECOMMUNICATION SERVICES WIRELESS TELECOMMUNICATION FACILITIES SECTION 16: EFFECTIVE DATE: This ordinance goes into effect after the City Council approves it and 30 days after its publication in the official City newspaper. Read by the City Council of the City of Mounds View on Jt1.Jtu~ ~7 , 1997. Read and passed by the City Council of the City of Mounds View on this I b~ daYOf~1997. ATTEST: (SEAL) APPROVED TO AS FORM: n:\data\users\jime\share\tower.ord . rk-Administrator , . e ~ffibabit of ~ubli(ation ~tate of fflinne~ota }ss. (!Count!, of l\-am~e!, TONYA R.STENSGARD , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NEW BRIGHTON BULLETIN , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printf3d ORDINANCE NO. 588 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for successive weeks; it was first published on WEDNESDAY, the MARCH ,19~, and was thereafter printed and published on every 12TH day of to and including , 19~; and printed , the day of below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: "'AB6ElCrallldl(lMtJePQFlS1"U'.,\'~ "'BElEJ[ralll.:J1(U,UJ8peFl6"fU..'\~e(Z .abcdefghijklmnopqrstuvwxyz :ifn~;f/ft;o~R Subscribed and sworn to before me on this 12TH day of MARCH ,1997 . S\e~~~", \ ~ Notary Public *Alphabet should be in the same size and kind of type as the notice. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space . . . . . . . . . . . . . . . . . . . . . . . . $15.50 per co!. inch (2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . $10.51 per co\. inch (3) Rate actually charged for the above matter. . . . . . . . . . . . . . . . . . . . . $ per co\. inch 1/97 r- .~J& . . F . ii ~ . T I. r' 'IItlllis! ORDINANCE NO. 588 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE' OF MINfiESOTA AN ORDINANCE AMENDING CHAPTER 1124 OF THE MOUNDS VIEW ZONING CODE RELATING TO THE LOCATION'ANDOESIGNOF WIRELESS TELECOMMUNICATION FACILITIES WITHIN Tfi{'CITY OF MouNDS VIEW . THE CITY OF MOUNDS VIEW ORDAlNS: '" .' SECTION 1: Section 1124.01 of the Mounds View Zoriing Code is hereby amended. to read as follows: ' , , ' " " ":.' '" .<':' ,.,'.. ", 1124.01:~ ~l rand/or ix-loot10. r ' taLatiQ i t !).Nf1~.ill1 n. Tr e [1Jmt.J2g he e I nQ~~ ~n.1J21)iktin~ b nd/or t1<;.wering ni I in 0 r nh I n f nvir nm n ~J va.lue D I ~ i ' ' i I in I i w ~:]?Ci.U! as follows: I Forester and aooroved by the Citv Council as oart of a conditional use permit .ICUP) orJ2y"th~ Subd. 1, ACCESSORY EOUIPMENT STRUCTURE: A buildinQ or cabinet-like structum Director of Community DeveloDment. if th~ wireless telecommunication tower or ant,'nn1Li$. located adjacent to. ,?r in the immediate vicinity of. a wireless telecommunication tower or allowed as a permitted use. The City Council or Director of Communili1.J&~'m.Lg!> antenna,to house eQuipment customarily incidental to the receivinQ or transmitting of wireless aDplicable. may waive the landscaping and/or screening reQuirements UDon request of thg broadcasts. cellular telephone calls voice messaging and paging services applicant if the existinQ landscaping and screening is deemed sufficient. Subd 2 ANTENNA- Equipment used for transmitting or receivinQ radio freQuency signals ~. 5 Color: The wireless telecommunication tower and antenna shall be of a ne!.!lroaLG.Q!9r which is attached to a tower. buildinQ or other structure. usually consisting of a series of ~light grey or sky blue except as dictated by the Federal Aviation AdministratiorUEMl directional panels. microwave or satellite dishes. or omnidirectional ''whio' anten~ ' and be ~signed to minimize visibility and to blend into the surrounding environment. SuM. 3. ANTENNA. STEALTH: Wireless telecommunication antenna designed to blend into Subd. 6. Construction Type and Materials. The wireless telecommunicalilmJ9~I:!?~Q! the surrounding, environment or integrated into the physical structure to which it is attached. monopole construction unless a variance is granted by the Board of Adiustment ,and AQImals. Subd. 4. BASE TRANSCEIVER STATION: EQuiDment that orovides the link between wireless Guy-wired towers shall not be permitted. Metal towers shall be constructed of. or treal'~Q..Y'Li!!1. ~JJ.!1ications and land-based Dublic telephone switching networks includinQ radio ~ resistant materials. freQuencv.transceivers. back-up power sources. Dower amplifiers. and signal orocess.iD9. SuM. 7. Roof-Mounted Wireless Telecommunication Antennae: Roof-mounted IjdrgJess hardware. tYDically contained in a small building or cabinet. , telecommunication antennae shall not be oermitted on buildinQs with pitched-roofs unless l~ Subd. 5. CO-LOCATION: The location of wireless telecommunications equipment from more are. stealth antennae incorporated into upward thrusting architectural elements sue;!ulJU\ than one provider on one common tower building. or ~ '. church steeDle. scire or bell-tower. smokestack etc. On flat roofs. the height of the ante1ill2_and Subd. 6. TOWER: Any ground-mounted. oole spire. structure or combination therE;lof mounting hard'(olare may not be more than 10 feet above the highest point of the roof to which including suoDorting lines. cables wires braces and masts to which a telecommunications the antenna is attached. antenna is attached or affixed. . Subd. 8. Structurally-Mounted Wireless Telecommunications Antennae: Telecommut}jQation Subd. 7. TOWER, LATTICE: Three- or four-Iegaed steel girdered structures tyoically A ~ntennae mounted upon sides of buildin9s shall be attached flush against bl,lilding sid~hJJP1JQ supporting multiDle communications users and services generally ranginQ from 60 t~ 'protrude more than the depth of the antennae. Structurally mounted antennae not affix6..0.1Q ~ ' . . towers shall be made to blend into the desian and contours of the structure. unle,:"s roo!: . Subd. 8 'TOWER. MONOPOLE: SinQle pole design: approximately three feet in diameter at mounted in accord?nce with ~e?lion 1 ~ 24.05 Subd 7 of t~iS C?ode. . the base narrowtllg to approximately one and a half feet at the top. qenerally ranging from 25 to Subd. 9 Prevention of Radiation' Wireless TelecommUnication antennae shall be SlJ!2&G.!..!Q . 125 feet in height. . state and federal regulations reaarding non-ionizing radiation and other health hazardl>..rn!.iililJ! . Subd 9. UTILITY POLE. Pole used to support essential services such-as Dower telephone t<? such facilities. If the federal Qovernment adoots new. more restrictiv~M..~ or cable TV lines. or used to SUDport street or pedestrian way lighting typically located in Dublic antennae shall be made to comply or the antenna shall be removed by the owner or thELQi:~gt I right-of-ways or boulevards , , ' the tower owner's eXDense. The owner or operator of the tower shall pay any associatp&g~ .Subd 10. WIRELESS TELECOMMUNICATION SERVICES: Licensed or unlicensed wireless of compliance verification. telecommunication servi~s including cellular. digital cellular. personal communication services Subd. 10 Lights' No wireless telecommunication tower or antenna shall have ajf~.QI . (PCS\. specialized mobile radio (SMA) enhanced sDecialized mobile radio (ESMRI attached to it in any way exceot durin" time of reDair or installation, any Iiahts. reflg.1p-N.. com~ercial or private p<;\ging serv, ices. or similar services marketed or provided to the general flash.ers day-time strobes. o~ steady night time light or other illumination devices ex~~ Ql.!.!:!!iQ. ,I , reqUired by the Federal AViation Aqency. the Federal Commupications Commisl'ion or\h!LQtty; SEC;TION.3: Section 1124.03 of the Mounds View Zoning Code is hereby ameAded to read This restriction aQainst lights shall not aDply to towers which have been combined with light as follows: , . ., standards for illumination of, ball fields parking low olaygrounds or other similaU2!J.b.!:!U!~ 1124.03: MQJ;I^mJ;llbl~1. ^ ll'lerateRllIll'l SR tl'la Ra If Idse, se"slellll'leRI, er ElaFlstFL/etieR af as provided in Section 1124.03 Subd 2 for the PFand CRP districts rau'ere aR~ ^RteRRBs witl'liR tl'le ~ily is estal3lisl'lell 91l1RR!ltAS tSFr:l'l Elf tl'le ll'leFateriwll'l, Re Subd.11. Signs and Advertising: The use of any Dortion of a tower for signs or adv'~log" alllllieatisR ler fiRal 6ite aRlll3ll1ilsiR!llllaR allllrEl"al, 13101i111iFl!llleFR'liI6, aRll etl:1sr Ilermite 8Rll other than required warning signs . shall be Drohibited. 81l1lre' al6 rel8tell te elolel'l te'''er8 61'181113e aeeelltelll3y tile City. ~Ieitller .tlle ~18RRiR!il Subd 12. Other Attachments: No antenr;Ja or tower shall have constructed ther!i1l:!r~ Cell'lll'lie6ieR Rsr tile ~ily CelolReII 61lall 8eR6iller er !IFaRt ilfilllrEl':al Elf aRY allllliealieR6 efeloleR attached thereto. any Dlatform catwalk crows' nest. or like structure for the puroose oLb!!rn.,ill i"eFl~. r>Je B~jJ9jRg ~8FfNits 19f SyeR u'GFh: sf:lall ~e jssyssl fer .1=18 8s"sI8J3FR8Rter'S9,RstftletisR' sf. ;.,support. exceot durinQ oeriods of const":lction or reoair., '<-r' Te'\'ef8 aRll ^RtSRRBG '''iIRiR tile ~ily_ Fer tile Illilrlle888 sf tlls ll'leFatsFilolll'l, tile tel'lM Ts.'.el'S aR~' . 8ubd:,13Int~rference with Public Safety Telecommunications: No new or m~.@tlDg ^l'ItsRRBe iillall iRellollle 8RYllele, 61liFe. strloleMe, er Ele,lJI"iFlatisR tl'lsFeef. il'KillollliR!il elollllleFiiRS tlllecbmmunications service sllalllnfeifereWlth Dubll9 safety teli;ll:dmmunlcations. , lU'lse, Mlee, WiRl8, .._ee, aRllll'la81e, iRlElRllsallRR'lliRly fert/;Js IllllFfilS6S sf Il'lsliIRti~!ITG"reA:i11?4'.1l6: PROCEDVR~L REQUIREMEffTS:, ,'c, ',;"". ~~ ~~~ :::: ~~ =~r~ ~;~ ~ ~.~~"~!J ~v:~::"". S~bd; 1 CondltlonaLUse P.ermlt R..q"l....llI8~,..<\pplicants.oroposl~, ~'!!if\llit$g , .~ i . t ~., .,.s . ". 0 S . ,81' tppl' ' telecommunication tower and/or <!ntennae that' require a conditional use permit ((~ \j~jlsf ellietiRll'.vetsr te'::ere iR tl'le eily, ef lb) Ts.uer6 e.Rll ^RleRRae .reFII tRat I'Ias l'Eleei"ell all outlined in Section 1124.03 Subd 2. shall Drollide at the time of aDDlication thelf(illQ.wing A888SS8F)' ~8Fmit8 aREt sl3pre'Jal freFR t,",s Cityo,:JFier te tR8 af:feeti"s ~at8 8f IRis 8FSIR8R88. information:..' .: ' .." . , : 1124.03: ALLOWANCE FOR TOWERS AND ANTENNAE BY ZONING DISTRICT: a. A notarized document from the property owner or 'lessor that allows the applicant lQ.JillQiY . SuM. 1 PermittedUse$. All Districts: Wireless telecommunication towers and antennae for a CUP and building permit to erect a wireless~telecommunication tower and/or anten~ ;shall be allowed in any district as a perrnitteduseorilyas provided below.. b. Demonstration of need, in accordance with SectiQn 112406. Subd 3 of this Code. , a. Water Tower:. Wireless t~l~ommunicatiolil antennae shall be Dermitt~d upon ertv-owned Co A site Dlan which shows Drooerty lines. location of wireless telecommunicationl~~Q!: :water towers provided the app-Iicant has an approv~dlease agreement with the City and has antenna setback distances. anv accessory equipment stru9ture. fencing an..Q..lgng~gQlng ,obtained a building permit from the City and paid all applicable permit fees , . , ' oroposed. , ' , , , . , b. Co-location on Existing Towers: Wireless telecommunication antennae shall be d. ,Sufficient information to show that construction. . installation and maintenanc'~~ ;permitted to be attacheiftoexisting towers \Yithinthe City in accordance with the aDplicable wireless telecommunication tower and/or antenna will not create a safety hazard or d~,M..~.tQ !sitingquidelines and design criteria in Section 1124.04 after the aDD/ieant has provided to the theproDerty of other Dersons. " ' iCity a written statement of approval from the tower owner or lessor and has obtained a building e. Proof of insurance, in accordance with Section 11'24.06. SuM. 4 of this Code. ,permit from the City and paid all applicable Dermit fees. f. Any other information necessary for the City to evaluate the CUP. : c. Utility Poles: Wireless telecommunication antennae shall be permitted to be attached to SuM. 2. Building Permits: AppliCants proposlnll to erect wireless telecommunicatioJl_N'@m ; utility Doles after the applicant has provided a written statement of approval from the utili~ and/or antennae shall obtain a buildinQ permit. The towers <;\nd antennae are s,"Qjg.Q1JQ ! owner or lessor and has obtained a building permit from the City and Daid the necessary fees. inspection by the City building official to determine compliance with Minnesota State fuillQing tThe height of the antennae shall not exceed ten (10\ feet and shall not extend more than six (6) Code Construction standards. No building oermit shall be issued by the City withc!l.!1...lW2r . feel above the Dole. aDoroval of a CUP by the Citv Council if aODllcable When no CUP is required. the a~ . SuM. 2. Conditional Uses. Specific DIstricts: Wireless telecommunication towers and $hall provide to the City all information as reauired by Section 1124.06 Subd. 1 of this .QQQ?<l1 . antennae shalll;Je allowed with the aoproval of a conditional use Dermit in the zoning distrlm the time 01 aDplica~ion for building permits in aqdition to that required by Section U2..4Jlfi.. ~soecified in the table below and in accordance with the co-location reQuirements stated in Subd 2a below. Building permits shall not be rE;lquired for the reoair replacement. ad~mgffi (Section 1124.04. siting requirements and design criteria stated in Section 1124.05 and the and/or alteration of the elements of antenna arrays if such work does not reduce ac~ ; procedural requirements stated in Section 1124.06. The procedure for review and action on safety standards, , , :con~itional use permits shall be as stated in Section 1125.01. Conditional use permits are not,_,~1il A report and. plan from a aualified and rea/stered enaineer or firm that soeciJiescMQ ,reau.lred lor towers and/or antennae used by the City for City purooses or public agencies for ~ Includes thefollo~ng: '.',.. " '.,' , .". 'public safety purposes: or for reoair: adjustment or replacement of the elements of a wireless' 1. The tower height and deSign Including a cross section and elevation. ; telecommunication antenna array affixed to a tower. if the reDair. reDlacement or adiustment ' 2. Toh? height abo~e gr~de for all potential mounting oositions for co-located anteCjnafi and t does not reduce acceptable safety standards. The height limitations listed in the following table the minimum s~paratlon dlstanc~s bet:Neen antennae: ~shall include all parts of the wireless telecommunication tower and antenna structure except for 3. The capacity of the tower. IncludlnQ the number and tyoe of antennae that the tower c1in , that SDace needed for Iightnin~ diffusion aDoarata. . accommodate.. , J 4. The steos that the aDPlicant will take to avoid interference with established public safety 8UI51F1{;;11S na-'Hlu Limitations 10 feet above the height of the roof, allowed only if mounted on educational facilities, religious institutions, government or public utility buildings; or in "upward thrusting architectural elements' such as church steeples, bell towers or smokestacks1 75 Feet 100 Feet ....... - Co-location N/A !, R-3, R-4, R-5, R-O ae only) 95l=eet 2 120 Feet 2 -2 -4,PUD nercial PUDs onlv,13 JD trial PUDs only.)3 tnd PF 150 Feet N/A 120 Feet 2 100 feet, allowed only if incorporated into new or existing facilities or structures, such as using the tower as a light standard for ball fields or parking areas, or into mature tree stands that provide a suitable screen for at least half the height of the tower. ~ordance with Section 1124.05, Subd. 7 of this Code. cation height bonus subjec!to applicant providing to the City proof of a signed lease lement, shared use agreement, or other like document. lwers and antennae propo'sed in PUOs, the applicant shall file. a request to amend the Ig PUD final plan and/or adopted conditional use permit in accordance with Chapter mdSectlon 1125.01 of this Code. Wirel~ss telecommunication towers and antennae lot be allowed in PUDs having residential uses. ION 4: Section 1124.04 of the Mounds View Zoning Code is hereby amended to read NS: 04: IiiXPIRP;n9N: YRleBB eaFlier rellealeil er lI'Ieilifieil ~y tRe ~ity CewR8i1, IRi8 89 BRall rGiflaiR iR 8"881 fer eRe RWRilrGiI ei!jRt (199) says lrell'll"'e Ellle8live ilate. OCATlON REQUIREMENTS: t..A oroposal for a new wireless telecommunication tower shall not be approved unless llicant documents to the satisfaction of the City that the antenna planned for the ld tower cannot be accommodated on an existing or approved tower or commercial or al buildim~ within a one-half mile radius transcending municipal borders. due to one or the following: . . e antenna would exceed the structural' capacity of the existing or approved tower or'; rcial building. . ," . '..' .".,.,y e antenna would cause interference with other'existing of planned equipment at the rbuilding. .' " ,,' . ./u sting or aoproved towers and commerCi,albuildings cannot reasonably accomlJ1odate Inna at a height necessary for the proposed antenna to function.' " " iStingor approved towers and corl'lm'erclal buildinqs are outside of the documented ~ ' e owners or lessors of existing or approved towers and commercial buildings are ~ co-location uoon their facilities O'l are unavliilable to grant such an alloVfance. .roval cannot be obtained for co-locating uoon an existing tower or antenna site which is he documented search area but outside Mounds View municipal boundaries. .2. It .is.the City's intent to encourage co-locating oroviders to share accessory ~.1!!!Qmg soace whenever possible and practical so as to minimize the number of ~ry,accessory buildings and their imoact upon the surrounding community. An applicant tin? on another provider's tower shall incoroorate iis base transceiver station and air qUlpment into an existing accessory equipment building or suitable principa' structure. g:ILoth~r.wi.s.e. provided in this Subd. 2./1 thisrequirernent cannot be met d@.JQ :ient soace within the existing accessory building security issues. competition or 5. An engineer's stamp and reoistration number. Subd. 3. Demonstration of Need: The applicant shall provide a diagram showing the cell site configuration illustrating the coverage area of the proposed wireless telecommunication tower andfor antenna. This diagram sh~1I demonstrate the freauency re-use and spacing needs of the wireless system in order to provide adequate coverage and caoacity \0 areas that cannot be adequately served by locating the antenna on an existing structure. SubeL 4. Proof of Insurance: The applicant Shall orovide the City with oroof of liability insurance which orotects against losses due to personal injury or oroperty damage resulting from the construction or collapse of the tower. antennae or accessory e~uipment. Such proof shall be suoplied to the Citv bv the wireless telecommunication tower owner or lessee at the time of application and shall be made available to the City from time to time upon its re~uest. Surnt 5. Removal of Abandoned or Damaged Towers: Any wireless telecommunication tower and/or antenna that is not used for one (1) year shall be deemed abandoned and the property owner shall remove the tower and/or antennae in the same manner and oursuant to the same procedures as for dangerous or unsafe structures established by Minnesota Statutes. Sections 463.15 through 463.26. If the owner fails to remove the tower and/or antenna after one (1) year. it may be removed by the City with the costs of such removal assessed against the property owner of the tower site. , Subd. 6. Violations: Deviations from the aporoved construction plans and CUP is a misdemeanor. punishable as orovided in Sectiem 10401 of this Code. 1124.07: NQNCONFORMING WIRELESS TELECOMMUNiCATION ANTENNAE AND TOWERS: Wireless telecommunication antennae and towers in existence as of the date of enactment of this ordinance ttiat do not meet or comoly with the provisions of this Chapter are subiect to the following: Subd. 1. Existing towers may continue in use for their existino puroose but may not be replaced or structurally altered to an extent exceeding ten percent (10%) of the tower's fair market value as det~rmined bv the City. without meeting all standards in this Chapter. In no event shall anv alteration have the effect of increasing or intensifying the level or extent of a tower's nonconformity. Alterations shall be suQlect to Section 1124 06. Subd. 2 of this Code, Subd. 2. If such tower is damaged or destroyed to the extent of fifty percent /50%) or more of its fair market value. as determined by the City. due to any reason or cause whatsoever. the owner of the tower may choose to rebuild or remove the tower. In either case. the tower owner shall have one year in which to obtain a building permit from the City and to complete the . necessalY wor1c.lf the owner chooses to rebuild the tower the tower as reconstructed shall conform to all current and aoplicable regulations as soecified bv this Code. If a tower is damaged to an extent of less than fifty percent /50%1 of its fair mar1cet value. the tower owner shall have one year in which to obtain-a bulldino permit from the City and to reoalr or restore the tower to its former size height and use. The location and phY!1ical dimensions shaH remain ~ were oriorto the damage or destruction If the tower is not repaired or restored within .. 1 ear rom the d t of the m t e abili to re air r re tore the tower sh ilia se 'a tbeexer.sed u nw i '.Ii e eysh II d medabandoned. . : emoval of nd n d or Dad w : An owe a d/ r an enna t is not used for one /11 year shall be deemed abandoned and the oroperty owner shall remove the t01l\ler and/or antennae in the same inannerand pursuant to the same orocedures as for da~gerous or, unsafe structures established tiy Mlnnesota Statutes, Sections. 463.15 through 46r;:p~6. If the owner fails to remove l~etowerandlor antenna after one (1) year. it may be re_oved by the City with the costs of such ,removal assessed against the owner of the tower ~- ' ' seCTION 6. Chapter 1106.04 related to cQndltional uses in the R-1district is hereby amen ed to add Subdivision 8 as folllSWs:' . ,}' . d . 8 ir I 's t Jeco mun. i ers d a t nnae Subiect to theorovisions established in Chapter 1124 of the Zoning Code. SECTION 7. Chapter 1110.04 related to conditional uses in the R-5 district is hereby amended to add Subdlvis.ion 10 as follows: . Subd. 10. Wireless telecommunication towers and antennae subject to the orovisions established in Chapter 1124 of the Zoning Code. " . SECTION 8. Chapter 1112.04 of the Mo,Un<;ls View Zoning Code relating to conditional uses in the B~ 1 zoning district is amended to adij'Subdivision 5 to r~ad as follows: ' ~, Subd. 5. Wireless telecommunication tower~ ,and antennae subject to the provisions ! l ;. established in Chapter 1124 of the Zonln~co~. .. , \: SECTION 9. Chapter 11.13.04 of the Mounc!li View Zoning Code relating to conditional use~ in the 8-2 zoning district is amenUed to add SulSdivision 6, to read as follows: SuM. 6, Wireless telecommunication towers and antennae sul1ject to the provilli9RS lilstablished in Chapter 1124 of the Zoning Cod~ ' .,' , SECTION 10. Chapter 1114.04 of the MoLfnd View Zoning Code relating to conditionaHI~ in the 8-3 zoning district is amended to add Subdimsion 8: to read as follows: ",' "'<if}'.;' SuM. 8. Wireless telecommunication towers and antennae Subject to the Drovisions established in Chaoter .~ 124 of the Zoning Code.. , " .. < SECTION H.'Chapter 1115.040f the Mounds View Zoning Code relating to CQndItiona!~.se_~., in the 8-4 zoning district is amended to add Subdivision 6, to read as follows: ," SuM. 6., Wireless telecommunication towers and antennae, subiect to the provisions established in Chapter 1124 of the Zoning Code. . SECTION 12, Chapter 1116.04 of the Mounds View Zoning Code relating to conditional useS in the 1-1 zoning district is amended to add Subdivision 22.. to read as follows: ' Subd.22. Wireless telecommunication towers and antennae subiect to the proviSions' established in Chaoter 1124 of the Zoning Code. " SECTION 13. Chapter 1117 of the Mounds View Zoning Code pertaining to the ConselVimcy: Recreation and PreseIVation (CRP) District is amended by adding new sections 1117.04. and 1117.05, respectively entitled "ACCESSORY USES' and "CONDITIONAL USES' relating to wireless telecommunication towers and antennae, to read as follows: 1117 .04. ACCESSORY USES: The following shall be considered an accessory use in the CRP District: . Subd. 1. An accessory building or cabinet-like structure located adiacent to or in the' , immediate vicinity of. a commercial wireless telecommunication service tower and/or antenna' used for the sole puroose of housing rel"lled service equipment customarily incidental to the. receiving or transmittin9 of wireless broadcasts. cellular teleohone calls, voice messaging and paging services: sUbiect to the design landscaping and screening standards established in Section 1124.05 of the Zoning Code. 1117.05. CONDITIONAL USES: The following shall be considered a conditional use in the CRP District (reouiring a conditional use permit based uoon orocedures set forth in 'and regulated by Section 1125.01 of this Title): ~ Subd. 1. Wireless telecommunication towers and antennae subiect to the orovisions ' established in Chapter 1124 of the Zoning Code. SECTION 14. Chapter 1118 of the Mounds View Zoning Code pertaining to the Public FaCilities (PF) District is amended by adding new sections 1118.03 and 1118.04, respectively entitled "ACCESSORY USES' and "CONDITIONAL USES' relati'ng to wireless telecommunication towers and antennae, to read as follows: 1118.03. ACCESSORY USES: The following shall be considered an accessory use in the PF District: Subd. 1. An accessory building or cabinet-like structure located adiacent to orin the immediate vicinity of, a commercial wireless telecommunication service tower andlor antenha. used for the sole purpose of housing related service equipment customarily incidental to the receiving or transmitting of wireless broadcasts. cellular telephone calls, voice messaging and paging services: subiect to the design. landscaping and screenino standards established in Section 1124.05 of the Zoning Code. 1118,04. CONDITIONAL USES: The fqllowing shall be considered a conditional use in the PF District (requiring a conditional use oermit based upon orocedures set forth in and regulated QY Section 1125.01 of this Title): Subd. 1. .reles tele omm ni tion towe 5 a e tablishedin Cha t r11240ft ZoninC de. SECTION 15. The title of Chapter 1124 of the Mounds View Zoning Code is hereby amended to read as follows: ~JI!!\I\llJi:'1 g.\J.bQf)~1.~JTgR Cg~I~TRbJ(,llg~J Qr; ~g~1t1I!R~I^1. '^'IRl!bli€€ TI!I.I!~g~1~1\J~1I~^Ilg~J el!R"ICl!e WIRELESS TELECOMMUNICATION FACILITIES " . SECTION 16: EFFECTIVE DATE: This ordinance goes into effect after the City COlJncil approves it and 30 days after its publication in the official City newspaper. Read by the City Council of the City of, Mounds View on January 27, 1997. Read and passed by the City Council of the City of Mounds View on 1Qtl1 day of February. 1997. ' " ATTEST: Is! Duane McCarty Mayor Isl Charles Whiting City Clerk-Administrator (SEAL) APPROVED TO AS FORM: Isl Robert C. Long Attorney (Bulletin: March 12, 1997) , - -- ~ffibabit of llublitation ~tatt of :fflinnt~ota } ~~. ~ount!' of l\am~t!' TONYA R.STENSGARD , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NEW BRIGHTON BULLETIN , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a' qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 588 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WEDNESDAY, the 12TH day of MARCH ,19~, and was thereafter printed and published on every to and including , 19~; and printed , the day of below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: "'ABSElCrSllldl<<.MUOPQRSTI:JVW*V-Z ~DOElCral IIdl (LMf JOrE;}Fl01U'v~Me,~ *abcdefghijklmnopqrstuvwxyz ~~~bnJ2 Subscribed and sworn to before me on this 12TH day of MARCH, 1 9 97 . S~~ \~ ~~\\ Notary Public *Alphabet should be in the same size and kind of type as the notice. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space . . . . . . . . . . . . . . . . . . . . . . . . $15.50 per co\. inch (2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . $10.51 per co\. inch (3) Rate actually charged for the above matter. . . . . . . . . . . . . . . . . . . . . $ per co\. inch 1/97 ORDINANCE NO. 588 CITY OF MOUNDS VIEW CP-VNTY qF RAMSEY StATE OF M..,.NESOTA . AN ORDINANCE AMENDING CHAPTER 1124 OF THE MOUNDS VIEW ZONING CODE RELATING TO THE LOCATION AND DESIGN OF WIRELESS TELECOMMUNICATION FACILITIES WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS:I SECTION 1: Section 1124.01 of the Mounds View Zoning Code is hereby amended to read as follows: . . ., . 1124.01:~ . .' safety 8AeI ~.'8IfaF8 sf its eiti28RS FeSlarejiRSJ SYSR FRatt8F~. DEFINITIONS: The followin<;J words and terms for ourposes of this Chaoter shall be defined as follows: . Subd. 1, ACCESSORY EQUIPMENT STRUCTURE: A building or cabinet"like structure located adiacent to or in the immediate vicinity of. a wireless telecommunication tower or antenna to house equioment customarily incidental to the receiving or transmitting of wir~ ~s cellular telephone calls voice messaging and paging services. S~bd: 2. ANTI:NNA: Eqpipment. used for transmitting or receiving radiofreouency signals which IS attached to a tower. bUlldlno or other structure usuallv consisting of a series of direc~~n~1 oanels. microwave or satellite dishes or omnidirectional "whip" antenn<!lb. Su . . ANTENNA. STEALTH: Wireless telecommunication antenna designed to blend into the surrounding environment or integrated into the ohysical structure to which it is attached. Subd. 4.. BASE TRANSCEIVER STATION: Eauipment that orovides the link between wireless communicati~ns and land-based public telephone swltchin\,l networks including radio frequency transceivers back-uo Dower sources. power amolifiers. and Sianal orocessing hardware. typically contained In a small building or cabinet. s~b(i 5. CO-LOCATION. The location of wireless telecommunications.equioment.from more. than one orovider on one common tower buildina. or structl.J~ Subd. 6 TOWER: Any ground-mounted pole soire structure or combination thereof. iIJQ!yj;!jng supportin\,llines. cables. wires braces and masts to which a telecommunications antenna is attached or affixed. Subd.7. TOWER LATTICE. Three- or four-legged steel Qirdered structures typically S';ppbrting m~ltiple communications users and services generally ranging from 60 to 200 feet in height. Subd. 8. TOWER MONOPOLE: Single Dole design approximately three feet in diameter at th; base. narrowing to aporoximately one and a half feet at the. too generally ranging from 25 to 125 feet In heiQht. . . . Subd. 9. UTILITY POLE: Pole used to suoport essential services such as power teleohone. or c;';-ble TV lines. or u~ed to support street or oedestrian way lighting tyoically located in public riaht-of-wavs or boulevards. .S~bd. 10. WIRELESS TELECOMMUNICATION SERVICES: Licensed or unlicensed wireless ~elec~mm~n~~ion services including cellular digital cellular personal communication services PC l. 5 e i lized mobile radio ISMRl. enhanced specialized mobile radio (ESMRl. ~ommer~ial or private paging services. or similar services marketed or orovided to the oeneral ~ . SECTION 3: Section 1124.03 of the Mounds View Zoning Code is hereby amended to read as follows: 1124.03: ,~1gRAT{}RIYt1: .~.' FAsrateriwfN SA tR8 RS'-: YeB, 8s"s1SI3FA8Rt, 'sr eeRstfYstisR sf Ts"'sFe aR~~~Rt8RRa.S '''itRiR tRe City is sstatalisheEl gblriRfj tRB terFR sf tI~8 r;:RGlFateriYFR, AS QI3r;llieatisR fer fiRal site eRa 81:1i1aiRfI fJlaA afJfJFs"al, 8YileliRS J3e~its, QR€4 etRer J38f~it8 aR~ BJ:JJ3Fs'..als relateel t8 SyeR terV8f'S 8101all 88 8e,e8flt88 l3y tlole City. ~Jeittoler tl;;l8 PlaRRiA~ C8~~is8ieR Asr tl;)e City 'r9~Rsil tRail' s9Asieler er SFaRt Qt:JJ3FG"al 8f B.RY aJ3t3lieatie,R6 sf 81:4St '''Sf'lL ~18 8l:l1i1aiRS f)8FFRits fer 8ysf.;l '~'8rl! sRal,} 88 iS8Y88 far tR9 88"8IeJ3~eRt er eeRstn:18tieFt 9f le'veFs B!""S PRtSRR8S '.~'itRiR tR9 Citj. Fer,t!;;!e J3HFf38888 8f tl;;ls FReFatsfil:llFR, tN:a tSrfR ~'!:ef6 BRa ~~t~RR8:e,:-8f;tQUiAeIYele 8RY 1'818, St'iFB, StFYetWR3" sr 88~8inati9R tt:lSFEJ8f, iA8!~eliR~f'8Hti~9Fti,RS ~R88, 8a~18~, ":ires, ~FQe8e, BRei FRaets. iRtSRelSt(t:rRFflarily f8(t1:l8 fJI:llFfJ96e sf. ~8w~lij8T8"'8re &fl,~8~~~r. ,:,:_:l-:"~,~~""M_"':n gt?n"9~gra'&lg. :fer"ta&_ Jiil.ilIlfS8B8 sf JH'91JifliA,6"-99JiRFR9reiel wi~1888' teI8e9AlFR,WRi8atis~' eaRliest t9 ~8' )3YBlie ~'8 R=tSrat8fiwFR sRall Rst 8pf31;; t9 (8.) tR9 Y8~:at el~88R8 uoeter1S\':sfS 'iR tR9 eit)f.er{6) TS':'SFe eRa ^ f1teRR8e WeRt tlotat 'lolasR3Beivea all R8eeeear,; 13er~it6. ef\8 at3~re"a' freR"'l tt-le CWJ fi)Fier ~ tt-le 9ft9~','ia ~ate sf tRle araiRaRa8. 1124.03: ALLOWANCE FOR TOWERS AND ANTENNAE BY ZONING DISTRICT: . Subd 1 Permitted Uses. All Districts: Wireless telecommunication towers and antennae shall be allowed in any district as a oermitted use only as orovided bE;llow: . .. , a. Wat;~ To~er: :~~ss telecommunication antennae shall be permitted uoon City-owned water tow rs provid heaoolicant has an aoproved lease aoreement with the City and has obtaine!;l a building oermit from the City and oaid all apolicable oermit fees. '. . b. Co-location on Existing Towers: Wireless tele.communication antennae shall be ~~.r~itt~~ ~~. be ~~Ch:~. to e~isti.ng. towe~ within the City .in accordance with the aoolicable , In 9 d lines n d Ign criteria In Section 1124.04 after the aoolicant has orovided to the ,City ii writt~n statement of aporoval from the tower owner or lessor and has obtained a building .permitfrom the City and paid all aoplicable permit fees. . I . .. c. utility Poles: Wirel~ss telecommunication antennae shall be permitted to be attached to :.utility o~les after the aoolicant has orovided a written statement of aooroval from the utility oole ;owner or lessor and has obtained a buildin9 permit from the City and paid the necessary fees. .The height of the antennae shall not exceed ten!1 0\ feet and shall not extend more than six (6) :feet above the pole. . ' . S~;;d. 2. Co~ditional Uses. Specific Districts: Wir.eless telecommunication towers and .antennae shall be allowed with the approval of a conditional use oermit in the'zoning districts :specified in the table below and in accordance with the co-location reouirements stated in ,~~ction 112~.~4. siting reouirements and desi9n criteria stated in Section 1124.05 and the ~ r cedural uirements stated In Section 1124.06. 'The procedure for review and action on ;.c~n~iitiOnal u~e ~ermits shall be as stated in Section 1125.01. Conditional use oermits a~ . r 0 Ired for t w. rs and/or antennae used by the City for City purposes or public agencies for ;publiC safety ourposes. or for reoair adiustment or reolacement of the elements of a Wireless ~tel!'lcommunication antenna array affixed to a tower. if the reoair reolacement or adiustment !does not reduce ac~eptable safety standards The heioht limitations listed in the following table (shall include all part~ of the wireless telecommunication tower and antenna structure except for ~that soace needed for lightning diffusion apoaratl;!, . i . i ~ b. oll! ~ h~~ t~.9.L.1.!:ill m1iL!rn.rn..J.OO ~ bd. 2. Acc i h I v i I n t Buil in od r n ~. ~ ~. F i ~ una h rized en n h ~ . 4 n .n n r i : T so imn i1in hllb In v n n n n- Ii 1 r 4" n n 1 I en r I I m n. ~ nni I i r nh n n h I f r n mY.irQrl!:lNnl~ ~f ~~ City's ~~s and recreation areas. The landscapino plan shall be reviewedJ2yJillLQJtI _o_~r and a-,-~roved by the City Council as Dart of a conditional use oermit (C!,!ELQ.r by the ~irector of Community DE;lvelopment if the wireless telecommunication t~QLillllilllJ1a~ _II owed as a oermitted use. The City Council or Director of Community D8Ve.!QJmJ~01....-<l!> ::licable. may waive the landscaoing and/or screening reouirements upon re~LQ1Jhe _-1icant if the existing lands~ino and screening is deemed sufficient. S~bd: 5, Color. The wireless telecommunication tower and antenna shall be of a n!lli~ such as light grey or sky blue exceot as dictated by the Federal Aviation Administration (F1\A). and be designed to minimize visibility and to blend into the surrounding envirQ!]f@.nt Sl.1l2Q 6 Construction Type and Materials' The wireless telecommunicatiQ!JJQy,l.llU!.tlg!]J;l~ monooole construction unless a variance is granted by the Board of Adiustm8nt and ~als. Gyy-wired towers shall not be oermitted Metal towers shall be constructe~!:..1refJJed with. . ~e resistant materials. Subd. 7. Roof-Mounted Wireless Telecommunication Antennae: ROO!::.!nIDJnted wireles1,! telecommunication antennae shall notbeoermitted on buildinos with oitched-r.QQ!~less t~ ~re ~te~:~h ~n~ennae incorporated into uQward thrustino architectural elem.m;ts such au _hur h _._eJe.'spire or bell-tower. smokestack etc On'flat roofs. the heiQhtof th~(gnna and mounting hardware may not be more than 10 feet above the hi9hest oointof the roof to whIm the antenna is attached. ~Ub~a:. s~r~~~u~lv-Mounted Wirele.ss Telecommunications Antennae: Telec;ommunication ~ ~~~ ~ m .JL__ d _ Don sides of buildIngs shall be 'attached flush ~ainst buildi[!~Ui.!;!~ ..1 d more than the deoth of the antennae. Structurally mounted ant~.lJQLa~ ~w~rs shall be made to blend into the design and contours of the structure. unless roof- _o_nted in accordance with Section 1124.05 Subd. 7 of this Code. S~~ 9. Prevention of Radiation: Wireless 'felecomniunication antennae sh2!LbSL,,!'!pjg.(;jjQ .~:~ b nd fed?~al reQulations regardingnon-.Ionizino radiation and other health tJ'!Z~rds related __ _u_h faCIlities, If the federal Qovernll)ent adopts ,new. more restrictive s.1B.!:llli!~ antennae shallbe made to comply or the aptenna shaUberemoved bv the owneLQtlo~y-.l!1 the tower owner's expense. The owner .or oberator of the tower shall Day any aSJ!Q!;lated costs ofcomoliance verification. . , '. ' . . ' Subd. 10. LiQhts: No wireless telecommunlcatitm tower or antenna shall h<lYSL.~ attached to it in any way except'during til"Tl,e of reoair or installation an~lli!.J~f18ctQ&. ~~~h.ers. day-time strobes or st~~~Y.P\Q.ht ~Ime light or ottler.tuumination devices exceoLali T _U1red by the Federal Aviation AgenlW. thE! Fed~rateomml:Jpications Conimi~i2JLQ~lli& ,hiS restrictio~ ag~ins~ Iiohts shall not aool~ to toWe((~ch.have been combined ~ standards for Illumination of ball fields. -pafkmg lots- oliY!Jrounds. or other simil~~~ as provided in Section 1124.03. Stlbd-2 for;the PF and.CRP 'districts. Subd. 11. Signs and Advertislrf(J: The'OE/6'of apY'oortion .of a towerfor si\,lns or advertising. other than reouired warning siQnssfiall be Di'ohibited. A , , ;.'. '3ubd. 12. Other Attachments. Nl;>antet\naor tClwei','ShEiti have consllli!;1mU!ll1NQJJ....Jll aghed thereto any olatform, catwalk.,crows' nesl.lir'like structure for the pur~ of hUllliill .pport.exceot during periods of const'fuoooo or reoair. . .'.'" .' -........~'~ "lO,re"",, .~h p""'?~af~" '''",om...,,,,,;,",, No ""'-Of_ .t~= _ 4-~;U~~~~~~~ ~~~~~~~~.~ub!~~~afe~:~.~~~m~itations~ ... SlJt>I'I'.1 ~eoDditlJmAl.use.,pMmit 1:I'.;i;i"""'menllfi":-.:AoolicantspI'eOOSifl9'-to ~1~~ telecommunication. tower and/or .an\El!ll:)aethati reouires conditional u~ermit (~ ?utlined.in Section1124.03, Subd~)(2.,sl:1all prQ;liirlAaUhe.time otaoplication th.f! following inlQrJ!!ll1iQn.;. ...? .. : 'c'). 'I' B. A notarized document from thepr9Ii~r:tlt9w~er or lessor that allows the aoplicant to aoply a CUP and buildin9 oermlt to Elre!;\ a wireless telecommunication tower and/or antenna. J. Demonstration of need. inaccordan'di"With SectiOn 1124.06,Subd. 3 of this.Q.9..d?,-,- c. A site olan which shows orooertv lines 10qatiQiiof.wireless telecommunjQS!1!Q!] tow~ antenna setback distances any accessory eQuipment structure.fencing and ig~plng prooosed. . ,.. ; ; I ):);: ':.: 'j ? ~ufficient infor":1ati?n to show tha.l9'onst~uct~.o~:,ii1stallatlon and oo.MJ~nance~ wlrel_ss telecommUnication tower and/or ~ntenna wlltl19tcreate a safety hazard or damage to the oroperty of other oersons. " />. .. . e. P;;~f of insurance in accordance,witllSection 1124.00 Subd 40f this Cod~ f Any other information necessary'forthe City fO evaltiirl'etheCUP. Subd 2. Bulldin9 Permits: Applicant$prooosing to erect wireless telecommlmiQ<UiQn towers and/or antennae shall obtain a buildino oermit. The towers. and antennae..llre subiect to in~~:c~~n ~y the City building official to deterniine comolial'lce with Minnesot;U;Me Building C___ __n_ructlon standards; No buildingoermit shall be issued bvthe CilY-:'l!1itl1QytQdQ!: ~h~roval of a CUP bv the City Council if apolicable. When no CUP is reouir€;d the apolicant II orovide to the City all information as reauired by Section 1124.06 Subd. i of thi!i.QQ~ th~ time of aoolication for building oermits. in'addition to that required ~~Uon 1124.06. Subd 2a below. Building oermits shall not be required for the reoair. reolacernent. adiustment and/or alteration of the elements of antenna arrays if such work does not reqJJgL~~ safety standards. . . , a. A report and olan from a oualified and reoistered enoineer or firm that specifies. and Includes the followin9:. ., . .,: 1. The tower height and design including a crosS section and elevation. 2. The height above arade for allootential mountlno Dositions for co-Iocate,d antennae and the minimum seoaration distances between antennae. . . 3. The caoacity of the tower includino the number andtyoe of antennae thgtJilil towPliaQ accommodate. .