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<br />ORDINANCE 97.11
<br />CITY OF ELK RIVER
<br />AN. ORDINANCE .AMENDING
<br />SEC'ftONS 9OO.08.AND 900.12 OF.
<br />'IDE CITY OF ELK RIVER CODE
<br />OF ORDINANCES RELATING TO
<br />D.. ONSAND PERMITJED,
<br />A . SORY AND CONDITION.
<br />AT (ANTENNA .
<br />DIS'lRICT) .
<br />..OA97.7 . .,.
<br />of the CitY of Elk
<br />Ri oes ere 'Y ord.l;.;n . as follows: ,
<br />RAcl;j inl 1. Section 900.0B of the City
<br />of Elk de of Ordinances titled
<br />"D..tinitio is hereby &meIl,ded by
<br />adding the 0 oWing definitions: .
<br />Antenn.a.-Any. structure or ~eVlBe
<br />used for the purpose.of collecting r;lr
<br />transmitting electromagnetic waves,
<br />including but not limited to direction-
<br />al antennas, such as panels,
<br />microwave dishes, and satellite dish-
<br />ea.. jnd .omnidirec;tional' antennas,
<br />su'
<br />
<br />
<br />
<br />~dr'.. '0
<br />'~zed;i:Jl~b"
<br />, mgand shDilai-
<br />keted to the generalpublic; .. ..
<br />Public Utility..--Persons,corporations
<br />or . governments supplying gas, elec-
<br />tric, transportation,water,;sewer.or
<br />land line telephone service to tbeg~-
<br />era! public..For thep~ose?fthis
<br />ordinance,' < . commerCial ....Wlreless
<br />telecommunication.... servicefaci1itie.s
<br />shall.p.~tbeCO:nsi!ie~dpublic.uti1itr
<br />.....~~;,.QdJ 1!I'e(!ie1in~dsepara~y."".,...
<br />~~~.,~~i)Q~~
<br />p()Ie<f',8Pir~t.n1~e'()l"~bjl:la~on
<br />.thereoftaller than.15~eet..~pluding
<br />supporting lines, cables, wire~, Oraces,
<br />and masts intended primarily for the
<br />purpose of mounting an antenna,
<br />meteorological device, or similar appa-
<br />ratus above grade.
<br />Section 2. Section 900.12 (19) of the
<br />City of Elk River Code of Ordinances
<br />titled "Permitted, Accessory, and Con-
<br />ditional Uses" is hereby amended to
<br />read as follows:
<br />Section 900.12 (19) Antanna
<br />'lbwer Ovel'lav Di stri ct
<br />A. Purpose
<br />The purpose of the Antenna Tower
<br />Overlay District is to protect the pub-
<br />lic health, safety, general welfare, and
<br />to accommodate the telecommunica-
<br />tion needs of residents and businesses
<br />by providing a specific zoning district
<br />for the use of land for the establish-
<br />
<br />ment and operation of wireless
<br />telecommunication towers. Since this
<br />use is unique. a special zoning district
<br />is appropriate, and the City of Elk
<br />River reserves the right to determine
<br />the suitability of a rezonipg request to
<br />Antenna Tower Overlay District based
<br />on criteria which includes the follow-
<br />ing:
<br />1. The compatibility of the rezoning
<br />request with surrounding land uses
<br />2. That the proposed rezoning is nec-
<br />essary in order to provide effective
<br />wireless telecommunication coverage
<br />for the City
<br />3. The rezoning is in accordance with
<br />the Comprehensive Plan for the City.
<br />Wireless telecommunication towers
<br />shall not be permitted nor conditional
<br />uses in any other zoning district. This
<br />section shall apply to all towers over
<br />60 feet in height.
<br />B. Findings
<br />In order to accommodate the commu-
<br />nication needs of residents and busi-
<br />nesses while protecting the public
<br />health, safety, and general welfare,
<br />the Council finds these regulations
<br />necessary in order to:
<br />1. Establish standards which permit
<br />a reasonable and equitable opportuni-
<br />ty for the establishment of wireless
<br />telecommunication service in the City;
<br />2. Avoid potential damage to adja-
<br />cent properties from tower failure
<br />through structural standards and set-
<br />back requirements;
<br />3. Minimize adverse visual effects of
<br />towers through careful design and sit-
<br />ing standards which attempt to screen
<br />and/or camouflage towers and anten-
<br />nas from adjacent private and public
<br />property;
<br />4. Maximize the use of existing and
<br />approved towers, buildings and other
<br />structures to accommodate new wire-
<br />less telecommunication antennas in
<br />order to reduce the number of towers
<br />needed to serve the community.
<br />C.Use&
<br />The Antenna 'lbwer Overlay District
<br />(AT) is an overlay zoning district; land
<br />zoned into the AT will also maintain
<br />its original zoning classification. All
<br />permitted, accessory, and conditional
<br />uses allowed in the underlying zoning
<br />, district will continued to be allowed on
<br />land rezoned to AT, subject to all
<br />restrictions and requirements applica-
<br />ble in the underlying district. In addi-
<br />tion tBtr.e uBesallowedirl~the under-
<br />lyipg district, the following uses shall
<br />be allowed as a conditional use in the
<br />
<br />AT:
<br />Antenna arrays, including radio,
<br />television, commercial wireless
<br />telecommunication, and microwave
<br />transmitting and re'Ceiving "8quip.
<br />ment, supporting towers, buildings
<br />and enclosures accessory to the tower
<br />and antennas.
<br />D. Co.Location Requirements
<br />All commercial wireless telecommu-
<br />nication towers erected, constructed,
<br />or located within the City shall comply
<br />with the following requirements:
<br />1. A proposal for a new commercial
<br />wireless communication service tower
<br />shall not be approved unless the City
<br />finds that the telecommunications
<br />equipment planned for the proposed
<br />tower cannot be accommodated on an
<br />existipg or approved tower, building or
<br />other structure within a one mile
<br />search radius (one half mile search
<br />radius for towers under 120 feet in
<br />height one quarter mile search radius
<br />for to~rs under SO feet in height) of
<br />the proposed tower due to one or more
<br />of the following reasons:
<br />a. The planned equipment would
<br />exceed the structural capacity of the
<br />existing or approved tower, building or
<br />structure, as documented by a quali-
<br />fied and licensed professional engi-
<br />neer, and the existing or approved
<br />tower or structure cannot be modified,
<br />reinforced or replaced to accommodate
<br />planned or equivalent equipment at a
<br />reasonable cost.
<br />b. The planned equipment would
<br />cause interference materially impact-
<br />ing the usability of other existing or
<br />
<br />planned equipment at the tower,
<br />building or structure as documented
<br />by a qualified and licensed profession-
<br />al engineer and the interference can-
<br />not be prevented at a reasonable cost.
<br />c. Existing or approved towers,
<br />buildings or structures within the
<br />
<br />search radius cannot accommodate
<br />the planned equipment at a height
<br />necessary to function reasonably as
<br />documented by a qualified and
<br />licensed profess;onal engineer.
<br />d. Other unforeseen reasons that
<br />make it not feasible to locate the
<br />planned telecommunications equip-
<br />ment upon an existing or approved
<br />tower, building or structure.
<br />2. Any proposed wireless telecommu-
<br />nication service tower shall be
<br />designed, structurally, electrically and
<br />in all respects constructed, to accom-
<br />modate both the applicant's antennas
<br />and comparable antennas for at least
<br />two additional users if the tower is
<br />over 100 feet in height or for at least
<br />one additional user if the tower is
<br />more over 60 feet in height. 'lbwers
<br />must be designed to allow for future
<br />arrangement of antennas upon the
<br />tower and to accept antennas mounted
<br />at varying heights.
<br />D. Construction Requirements
<br />All antennas erected, constructed, or
<br />located within the City shall comply
<br />with the following requirements:
<br />1. All applicable provisions of this
<br />code.
<br />2. Towers and their antennas shall
<br />be certified by a qualified and licensed
<br />professional engineer to conform to
<br />the latest structural standards and
<br />wind loading requirements of the Uni-
<br />form Building Code and the Electron-
<br />ics Industry Association and all other
<br />applicable reviewing agencies.
<br />3. With the exception of necessary
<br />electric and telephone service ~d con-
<br />nection lines approved by the City, no
<br />part of any antenna or tower nor any
<br />lines, cable, equipment or Wlre or
<br />braces in connection with either shall
<br />at any time extend across or over any
<br />part of any right-of.way, public street,
<br />highway, sidewalk, or property line.
<br />4. Towers and their antennas shall
<br />be designed to conform with accepted
<br />electrical engineering methods and
<br />practices and comply with the provi-
<br />sions of the National Electrical Code.
<br />5. All signal and remote control con.
<br />ductors of low energy extending sub-
<br />stantially horizontally above the
<br />ground between a tower or antenna
<br />and a structure, or between towers,
<br />shall be at least eight feet above the
<br />ground at all points, unless buried
<br />underground.
<br />6. All towers shall be protected
<br />against unauthorized climbing. The
<br />bottom of the tower (measured from
<br />ground level to 12 feet above ground
<br />level) shall be constructed in such a
<br />manner to preclude .unauthorized
<br />climbing. The tower, antenna and sup-
<br />porting equipment shall be enclosed
<br />by an eight foot high chain link fence
<br />with a locked gate. ~
<br />7. Metal towers shall b constructed
<br />of, or treated with, corros ve resistant
<br />material.
<br />8. Only one tower shall exist at any
<br />one time on any lot or par 1. The min-
<br />imum lot size requirement shall be
<br />one acre.
<br />E. Design Standards
<br />All antennas erected, constructed, or
<br />located within the City shall comply
<br />with the following requirements:
<br />1. 'lbwers and antennas shall be
<br />designed to blend into the surrounding
<br />environment through the use of build-
<br />ing materials, color, textures, camou-
<br />flaging architectural treatment,
<br />screening and landscaping, except in
<br />instances where the color is dictated
<br />by federal or state authorities such as
<br />the Federal Aviation Administration.
<br />2. Commercial wireless telecommu-
<br />nication service towers shall be of a
<br />monopole design unless the City
<br />Council determines that an alterna-
<br />
<br />F. Signs and Advertising
<br />
<br />No advertising, logos or identifica-
<br />tion of any kind is permitted, except as
<br />may be required by Federal and State
<br />authorities.
<br />G. Accessory Structures and
<br />Equipment
<br />1. All accessory equipment related to
<br />towers and antennas must be housed
<br />within a structure. Existing structures
<br />shall be used whenever possible. Any
<br />new acceseory buildings or structures
<br />shall. be architecturally designed to
<br />blend in with the surrounding envi-
<br />ronment.
<br />2. The use of compatible materials
<br />such as wood, brick, or stucco is
<br />required for associated support build-
<br />ings. Equipment located on the roof of
<br />an existing building shall be screened
<br />from public view with building materi-
<br />als identical to or compatible with
<br />existing materials.
<br />3. Ground mounted structures shall
<br />be screened from view by suitable veg-
<br />etation, except where a design of non-
<br />vegetative screening better reflects
<br />and compliments the architectural
<br />character of the surrounding area.
<br />Removal of existing vegetation shall
<br />be minimized through careful site
<br />selection and design.
<br />H. IDumination
<br />Towers and antennas ehall not be
<br />illuminated or display strobe lights
<br />unless specifically required by the
<br />Federal Aviation Administration or
<br />other Federal or State authority.
<br />When incorporated int;o. the approved
<br />design of the tower, light fixtures used
<br />to illuminate ball fields, parkipg lots,
<br />or similar areas may be a.~tached to
<br />the tower at the City's discretion.
<br />I. lOwer Setbacks and lOwer
<br />Height
<br />'lbwers shall conform with each of
<br />the following requirements:
<br />1. Towers shall not be located
<br />between a principal structure and a
<br />public street.
<br />2. 'Thwers shall meet setback
<br />requirements, equal to the height of
<br />the tower, from all property lines.
<br />3. The maximum height of any
<br />tower, including antennas and other
<br />attachments, shall not exceed 150 feet.
<br />4. The height of a tower may be
<br />increased by 24 feet to accommodate
<br />each additional user above those
<br />required by co-location up to a inaxi-
<br />mum height of 198 feet.
<br />J. 'lime Limit on 'lbwer Comple-
<br />tion
<br />Once a tower is approved by the City,
<br />the tower must be substantially com-
<br />pleted within one year, including any
<br />structures accompanying the tower,
<br />following the date of tower approval.
<br />K. Interference with Public Safe-
<br />ty 'Thlecommunications
<br />No new or existing telecommunica-
<br />tion service shall interfere with public
<br />safety telecommunication. All applica-
<br />tions for new service shall be accom-
<br />panied by an intermodulation study
<br />which provides a technical evaluation
<br />of existing and proposed transmis-
<br />sions and indicates all potential inter-
<br />ference problems. Before the introduc-
<br />tion of new service or changes in exist-
<br />ing service, telecommunication
<br />providers shall notify the City at least
<br />10 calendar days in advance of such
<br />changes and allow the City to monitor
<br />in,terference levels duripg the testing
<br />process.
<br />L. Support of Public Warning
<br />Systems
<br />Telecommunication providers that
<br />utilize antennas erected after the
<br />effective date of this ordinance shall
<br />participate in the Emergency Alert
<br />System (EAS), as defined by FCC
<br />Rules and Regulations, Part 11, by
<br />broadcasting warnings of severe
<br />weather and other life threatening
<br />emergencies to users of personal com-
<br />munications equipment served by the
<br />antennas. Telecommunication
<br />providers may be exempt from the
<br />requirements of this section under the
<br />following circumstances:
<br />1. The telecommunication provider
<br />demonstrates that participation in
<br />EAS is not technologically feasible;
<br />2. The telecommunication provider is
<br />unable to acquire any FCC waiver or
<br />exemption from licensing or other reg-
<br />ulations that would prohibit participa-
<br />tion in EAS; or
<br />3. The state or regional EAS plan-
<br />ning committee determine that partic-
<br />ipation by the telecommunication
<br />provider is not necessary. .
<br />M. Additional Submittal
<br />Requirements
<br />In addition to the information
<br />required elsewhere in this code, devel-
<br />opment applications for towers and/or
<br />antennas shall include the following
<br />supplemental information:
<br />1. A report from a qualified and
<br />licensed professional engineer that
<br />provides the following:
<br />a. Describes the tower and/or anten-
<br />na height and design including a cross
<br />section and elevation;
<br />b. Documents the height above grade
<br />for all potential mountinl!' positions for
<br />c:o-located teDhu .
<br />
<br />~epara .. \\.. .'s
<br /><J.:j.as;,,\ .' ..
<br />.;.,c. DesCribe t
<br />. ctudili cfifunbe
<br />s t e
<br />ts
<br />
<br />
<br />ed>rooftbat the proposed tower com-
<br />plies with ~egulatio~s .administered by
<br />theli'ed.eralAviation Administration
<br />and the FCC; and ' .
<br />f. Demonstrates the tower's and/or
<br />antennas compliance with all appliea"'
<br />ble s~ruct1.lraland electrical stan-
<br />dlU'ds, anti illclud,esan engilleer~
<br />.sta:tnpi'lD;dr~stration number.
<br />2. For . . all .. cOm.mercial .wirele~s
<br />. . telecommunil!ationtowers,alet~r of
<br />intent eommitting> the ..' .tower owner
<br />, and .his or her successors to allow the
<br />shared use of the tower if an addition-
<br />alu~er agrE!E!Sut~t~ll'tomeettelt:
<br />sonabletet:01s~dcpnditi~ns . tor
<br />, shared use.. .,.. ..... " < ... \. . . ..... .... ','
<br />N. :Antennas. Mounted on Roofs,
<br />walls, and Existillg 'lbwel's. .' ........,
<br />:1. The.. placement. of' wireless
<br />telecoDUJiunication antennas. on roofs,
<br />walls, and existing. towers may be
<br />approved administratively,. without
<br />requiring rezoning to Antenna Tower
<br />Overlay District, provided the anten-
<br />nasmeet all applicable~equirements
<br />o(this CQde and the following:
<br />a. ThemaximuIn height of an anten"'
<br />Mshall notexoeed 15 feet above the
<br />rQGf and shall be. set back at least 10
<br />fe.et from the roof edge.
<br />b.'Wallor facade mounted antennas.
<br />Inaynot extend, 5 feet above the cor-
<br />nice'line and must be constructed of' a
<br />. material which matches the exterior of
<br />
<br />the building or structure.
<br />2. In addition to the submittal
<br />requirements found elsewhere in this
<br />code, an application for antennas
<br />mounted on roofs, walle and existing
<br />towers shall be accompanied by the
<br />following information:
<br />a. A site plan application which
<br />includes the location of the proposed
<br />antennas on the structure and eleva-
<br />tions;
<br />b. An application for a building per-
<br />mit, and
<br />c. A report prepared by a qualified
<br />and licensed professional engineer
<br />indicating the structure or tower's
<br />suitability to accept the antenna, and
<br />the proposed method of affixing anten-
<br />na to the structure. Complete details
<br />of all fixtures and couplings, and the
<br />precise point of attachment shall be
<br />indicated.
<br />O. Abandoned or unused Por-
<br />tions of 'lbwers
<br />Abandoned or unused towers or por-
<br />tions of towers and accompanying
<br />accessory facilities shall be removed
<br />as follows:
<br />1. All abandol'led or unused towers
<br />and associated facilities shall be
<br />removed within 12 months of the ces-
<br />sation of operations at the site unless
<br />a time extension is approved by the
<br />City Council. In the event that tower
<br />is not removed within 12 months of
<br />the cessation of operations at the site,
<br />the tower and associated facilities may
<br />be removed by the City and the costs
<br />of removal aseessed against the prop-
<br />erty.
<br />2. Unused portions of towers above a
<br />manufactured connection shall be
<br />removed within 6 months of the time
<br />of antenna relocation. The replace.
<br />ment of portions of a tower previously
<br />removed requires the issuance of a
<br />new conditional use permit.
<br />SActi on 3. That this Ordinance
<br />shall take effect and be in full force
<br />from and after the date of its publica-
<br />tion.
<br />Passed- and adopted by the City
<br />Council of the City of Elk River this
<br />19th day of May, 1997.
<br />Henry A. Duitsman, Mayor
<br />ATTEST:
<br />Sandra A. Thackeray, City Clerk
<br />(Jn4)
<br />
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