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HomeMy WebLinkAbout1997.01.21 ORD 1997-315CITY OF HUGO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 1997-315 AN ORDINANCE ESTABLISHING CHAPTER 35 OF THE HUGO CITY CODE BY ESTABLISHING ANTENNA REGULATIONS. THE CITY COUNCIL OF THE CITY OF HUGO DOES HEREBY ORDAIN AS FOLLOWS: CHAPTER 35 Section 1. Purpose. In order to accommodate the communication needs of residents and businesses (while protecting the public health, safety, and general welfare of the community), the council finds that these regulations are necessary in order to: A. Minimize adverse visual effects of towers through artful design and siting standards; and B. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and C. Maximize the use of existing and approved towers and buildings to accommodate multiple antennas in order to reduce the number of towers needed to serve the community. Section 2. Definitions. The terms defined in this ordinance have the meanings given them. A. Amateur Radio Antenna. Any equipment or device used to transmit, receive or transmit/receive electromagnetic signals for "Amateur Radio Service" communications as defined in 47 C.F.R. Part 97.3(4), and as used in 47 C.F.R. Part 97.15(a). B. Antenna. Any device, which by use of any means, is designed to transmit or receive any electromagnetic, microwave, radio, television, or other frequency energy waves, of any type, for any purpose. C. Antenna Support Structure. Any building, pole, telescoping mast, tower, tripod, or any other structure which supports an antenna. D. Structure, Public. An edifice or building of any kind, or any piece of work artificially built up or comprised of parts jointed together in some definite manner which is owned, or rented and operated by a federal, state, or local government agency. Rev. 01/22/97 E. Registered Engineer. An engineer that is registered in accordance with the laws of the State of Minnesota. Section 3. Preferences for Antenna and Support Structure Locations. When selecting sites for the construction of new Antenna Support Structures and/or for the placement of new antenna, the following preferences shall be followed: A. Preferred land use areas. 1. Industrial zoned property 2. Trunk Highway 61 and C.S.A.H. 8 development corridors in non-residential areas, and at least 1,000 feet from the edge of the road right of way to the antenna support structure. 3. Public land or structures. 4. Athletic Complexes, public parks, and golf courses. 5. Parking lots if the monopole replicates, incorporates or substantially blends with the overall lighting standards of the lot. 6. Private open land outside the MUSA area. B. Preferred support structures. 1. Water towers. 2. Co -location on existing antenna support structures. 3. Church steeples. 4. Sides of buildings -'over two stories high. 5. Existing power, lighting or phone poles. C. Prohibitions. Rev. 01/22/97 1. No new support structures shall be approved, at any location other than a "preferred land use area," unless the applicant shows to the reasonable satisfaction of the City that such locations are not feasible from an engineering standpoint. 2. No new support structures shall be approved for construction, unless the applicant shows, to the 2 reasonable satisfaction of the City, that a "preferred support structure" is not feasibly available for use from an engineering standpoint. Section 4 Dimensional Requirements. A. Maximum Antenna Support Structure Height and Vacant Lot Size Requirements. Zoning District Agriculture Long Term Agriculture Conservancy Rural Residential 1 Rural Residential 2 Single Family Estate Single Family Urban Limited Business Retail Business Concentrated Business Industrial Maximum Height 200' 200' 200' 150' 150' 150' 150' 200' 200' 200' 200 Minimum Vacant Lot Size 5 acres 5 acres 5 acres 3 acres 3 acres 3 acres 3 acres 15,000sq ft 15,000 " " 8,000 " 15,000 " B. Exceptions to Maximum Height Restrictions. The maximum height restrictions in sub -paragraph A shall not apply to public structures used as an antenna support structure. Additionally, no antenna may extend more than fifteen (15) feet above its antenna support structure. C. Setback Requirements. In all districts, all antenna support structures shall be setback from the nearest property line at least a distance equal to the height of the antenna support structure. This provision does not apply to existing antenna support structures unless said structure is enlarged or structurally modified. D. Distance from Residences. 1. Antenna support structures of up to one hundred fifty (150) feet in height shall not be constructed within three hundred (300) feet of any residential structure. 2. Antenna support structures of over one hundred fifty (150) feet in height shall not be constructed within five hundred (500) feet of any residential structure. Rev. 01/22/97 3 Section 5 Permit Requirements. A. General Rule. Except as indicated below, Special Use Permits are required before any antenna or antenna support structure is installed or constructed. Applications for Special Use Permits shall be made on forms available from the City and shall be processed in the manner as are other Special Use Permits pursuant to the City's Zoning Ordinance. B. Administrative Permits. An administrative permit may be issued by the City Administrator to any applicant whom the City Administrator determines has complied with all of the terms, requirements, regulations and conditions of this Ordinance for the following: 1. Antennas to be constructed on a public structure. 2. Satellite dish antennas larger than two (2) meters but smaller than six (6) meters in size. 3. Antennas or antenna support structures erected temporarily for test purposes or for emergency communications. "Temporary" shall mean that the antenna or support structure is removed within seventy-two (72) hours following the termination of testing or emergency communication needs. Any person aggrieved by the City Administrator's decision shall be entitled to appeal that decision to the City Council. C. No Permits Required. No permits are required for the following: 1. Household television antennas extending less than fifteen (15) feet above the highest point of a residential structure. 2. Satellite dish antennas two (2) meters or less in size. 3. Adjustment, repair or replacement of the elements of an antenna, provided that such work does not constitute a clear safety hazard. 4. Antennas and antenna support structures used by the City for City purposes. Section 6. Antenna Regulations in All Districts. A. The following standards shall apply to all antennas and antenna support structures: Rev. 01/22/97 W 1. All obsolete and unused antennas and antenna support structures shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the Zoning Administrator. After the facilities are removed, the site shall be restored to its original or an improved condition. The City may require that a Letter of Credit be posted with the City to guarantee compliance with this provision. 2. All antenna shall be constructed in compliance with City building and electrical codes. 3. Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications. The plans shall be approved and certified by a registered professional engineer at the owner's expense. 4. When applicable, written authorization for antenna erection shall be provided by the property owner. 5. No advertising message shall be affixed to the antenna structure. 6. The height of the antenna shall be the minimum necessary to function satisfactorily, as verified by a registered electrical engineer. 7. Antennas shall not be artificially illuminated and must not display strobe lights unless required by law or by a governmental agency to protect the public's health and safety. When incorporated into the approved design, the tower may support light fixtures used to illuminate ball fields, parking lots, or other similar areas. 8. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. Rev. 01/22/97 No new antenna support structures shall be constructed if it is feasible to locate the proposed new antenna(s) on existing support structures. "Feasibility" shall be determined according to generally accepted engineering principles. If a new antenna support structure is to be constructed, it shall be designed structurally and electrically to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the antenna support structure is over one hundred (100) feet in height, or for at least one (1) additional user if the tower is over sixty (60) feet in height. Any antenna support structure must also be designed to allow for future re -arrangement of antennas 5 upon the tower and to accept antennas mounted at different heights. Other users shall include, but not be limited to, other cellular communication companies, Personal Communication Systems companies, local police, fire and ambulance companies. 10. Antenna support structures shall be constructed and painted to reduce visual impact and according to all applicable F.A.A. requirements. 11. The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other means. The design should utilize an open framework or monopole design. Permanent platforms or structures, exclusive of antennas, are prohibited. 12. The base of any tower shall occupy no more than five hundred (500) square feet and the top of the tower shall be no larger than the base. 13. Antennas and antenna support structures must be designed to blend into the surrounding environment through use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities. All locations should provide the maximum amount of screening from off-site views as is feasible. Existing on-site vegetation shall be preserved to the maximum extent practicable. 14. The base of all antenna support structures shall be landscaped according to a plan approved by the City Engineer. Accessory structures shall be designed to be architecturally compatible with the principal antenna support structure. 15. Antennas shall be subject to state and federal regulations pertaining to non -ionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, antennas shall be brought into compliance with the new standards by the owner and operator. The cost of verification of compliance shall be borne by the owner and operator of the antenna. 16. Except as approved by the City as to public utilities, no part of any antenna or support structure, nor any lines, cable, equipment, wires, or braces shall at any time extend across or over any part of any right-of-way, public street, highway, sidewalk, or property line. Rev. 01/22/97 0 17. All metal towers (and all necessary components) shall be constructed of, or treated with, corrosive resistant material. 18. All antennas and support structures shall be adequately insured for injury and property damage caused by collapse or other catastrophic failure. 19. All new antenna support structures shall be constructed to provide space for the installation of a City emergency/fire siren in such a fashion that it will not interfere with any antennas. Said space shall be available for said use by the City at no cost to the City. B. The following regulations shall apply to all antennas and antenna support structures for which a Special Use Permit, Administrative Permit or Site Plan is required under this Ordinance: 1. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district. Said analysis shall also demonstrate to the reasonable satisfaction of the City that the proposed use will not interfere with the radio, television, telephone and other similar services enjoyed by the properties in the area. 2. 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 yard of the principal use and shall be screened from view by landscaping. 3. a. Unless the antenna is mounted on an existing structure, 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. b. All antenna support structures shall be reasonably protected against climbing. 4. At least annually, and at each time a new user is added to an antenna support structure, the owner or operator shall provide to City a report from a registered engineer Rev. 01/22/97 7 5 Section 7. 0 M C. that the antenna(s) comply with all applicable regulations regarding emission of radiation and electromagnetic waves. The base of all antenna support structures shall be posted with signs stating "Danger High Voltage" on all sides. Amateur Radio Antenna and Towers. Exemptions. Antennas and antenna support structures for federally licensed amateur radio operators are hereby exempted from the following provisions of this Ordinance: 1. Section 3, 2. Section 3, 3. Section 4, 4. Section 4, 5. Section 5 6. Section 6, 7. Section 6, Site Plan. A C, 1. A D A, 3, 6, 9, 11 & 19 B, 1, 3 (a) , 4 & 5 No amateur antenna support structures shall be constructed unless Site Plan approval has been given by the City Administrator. Any person aggrieved by the City Administrator's decision shall be entitled to appeal that decision to the City Council. Support Structure Construction. Amateur radio support structures (towers) must be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications. Section 8. This Ordinance shall be effective immediately upon its passage and publication according to law. Rev. 01/22/97 8 ADOPTED by the City Council this 21st day of January, 1997. Fran Miron, Mayor ATTEST: Mary n Creager, yyy Clerk Rev. 01/22/97 PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) § County of Ramsey ) I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's designated agent and an employee of the newspaper known as The White Bear Press, and that I have full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constitut- ing qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The Printed C; tv of Rnan which is attached was cut from the columns of said newspaper, and was printed and published once each week, for One successive weeks; it was first published on Wednesday , the 8 day of CITY OF HUGO T=n„ary 1997 , and was thereafter printed and published on PUBLIC NOTICE to and including , The Hugo City Council will hold a public hearing on Tuesday, January 21, 1997, Hugo City Hall, 19_; and printed below is a 7:10 PM, to consider an ordinance establishing Chapter 35, of the Hugo City Code by establish- ] Citanty Clerk. nna regulations. interested in this and slete matter will be heard atatof the sthis time. ordinance is on file in the office of lse alphabet from A to Z, both inclusive, which is Mary Ann Creager, City Clerk Published in the White Bear Press January 8, 1997. :d as being the size and kind of type used in the composition ana puulication of the ice: abcdefghijklmnopq rstuvwxyz BY: TITLE: Publisher Subscribed and sworn to before me on this--8--day of January 19 "' SUSANNE WESTPHAL NOTARY PUBLIC - MINNESOTA RAMSEY COUNTY Expiras 2000 Notary Public, Ramsey County, Minn. My commission expires January 31. 2000. ------------------------------------------------------------------- RATE INFORMATION (1) Lowest classified rate paid by $ commercial users for comparable (Line, word, or inch rate) space. (2) Maximum rate allowed by law for $ the above matter. (Line, word, or inch rate) (3) Rate actually charged for the $ 6.00 Inch above matter. (Line, word, or inch rate) IT, FAXED - January 24, 1997 464-4605 LEGAL ADS WHITE BEAR PRESS Please have the following notice published once in the Forest Lake Times on Thursday, January 30, 1997: The Hugo City Council adopted and passed Ordinance 97-315, entitled "AN ORDINANCE ESTABLISHING CHAPTER 35 OF THE HUGO CITY CODE BY ESTABLISHING ANTENNA REGULATIONS", on January 21, 1997, a complete copy of which is on file and available for inspection by the public during regular office hours in the office of the City Clerk, Hugo City Hall, 5524 Upper 146th Street, Hugo, MN. In compliance with M.S.A. 412.191, Subd. 4, the Hugo City Council has directed that the following summary of said Ordinance 97-315 be published: SUMMARY The Ordinance establishes preferred land -use areas for antennas, sets maximum heights permitted, and allows for those antennas specifically permitted by State or Federal law, such as home TV antennas, dishes, and amateur radio antennas. ATTEST: Mary Creager, City k AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS COUNTY OF WASHINGTON Jan Chara i s being duly sworn, on oath says the he or she is the authorized agent and employee of the publisher of the newspaper known as The Times, 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 legal newspaper, as provided by Minnesota Statue 331A.02, 331A.07 The City of Hugo has adopted and passed Ordinance 97-315, entitled "AN ORDI- NANCE ESTABLISHING CHAPTER 35 OF THE HUGO CITY CODE BY ESTAB- LISHING ANTENNA REGULATIONS," on January 21, 1997, a complete copy of which is on file and available for inspection by the public during regular office hours in the office of the City Clerk, Hugo City Hall, 5524 Upper 146th Street, Hugo, MN. In compliance with M.S.A 412.191, Subd. 4, the Hugo City Council has directed that the following summary of said Ordinance 97- 315 be published: Summary: The Ordinance establishes pre- ferred land -use areas for antennas, sets mini- mum heights permitted, and allows for those antennas specifically permitted by State or Federal law, such as home TV antennas, dishes, and amateur radio antennas. /s/Fran Miron Mayor ATTEST: /s/Mary Ann Creager City Clerk (Published in THE TIMES January 30, 1997) applicable laws as amended "he printed public notice lached was cut from the columns of said newspaper, and published once for One successive weeks; it was first published on t, a 30 day of 19 97 and was thereafter printed and ,ach week to and including Thursday day of January .19 97 • B 04iL' TITLE: Administrative Assistant and sworn to before me on y uary 19 97 HOWARD D. LESTRUD (N"i &(Se& l2) MINNESOTA WASHINGTON COUNTY MY COMM EXPIRES 1.31-2006 1) Lowest classified rate paid by commercia users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter (4) Rate actually charged for additional Insertions S 4.90 col. inch S 4.90 col, inch S 4.90 col. inch S col. inch