CITY OF GRANT

WASHINGTON COUNTY, MINNESOTA

ORDINANCE 1998- 81

AN ORDINANCE AMENDING CHAPTER 76 OF THE GRANT CITY CODE

 

The City Council of the City of Grant, Washington County, Minnesota, does hereby ordain as follows:

    1. Chapter 76 of the Grant City Code is hereby AMENDED as follows:

A. Section 3.A.2. is hereby DELETED and the remaining subparagraphs of that section are renumbered so that no gap in numbering exists.

B. Section 6.A.8. is AMENDED by correcting a typographical error.

    1. Section 6.A. is AMENDED by adding a new Subdivision 22 to read as follows:

"22. All applications under this Ordinance and all approved uses must at all times also comply with all other applicable City Ordinances."

D. Section 9.A.l. is AMENDED by adding the phrase, "(and site elevation)" to the end of that subsection.

E. Section 9.A. is AMENDED by adding new Subparagraphs 11, 12 and 13 as follows:

 

"11. Each initial application must also include the information required under Section 9.C. (5 year submissions) of this Ordinance.

12. All maps submitted must clearly delineate the City boundaries and all State and County highways within the City.

13. Every application must include a map clearly delineating all properties and their lot lines within a 1,000 foot radius of the proposed

tower site. The maps must also depict the location of all homes and accessory structures within a 1,000 foot radius of the proposed tower site."

2. Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law.

Passed and adopted by the City Council of the City of Grant, Washington County, Minnesota, this 3rd day of February,

Gary Erichson, Mayor

Attest:

Stephanie Marty, City Clerk

CITY OF GRANT

WASHINGTON COUNTY, MINNESOTA

ORDINANCE NO. 1998-81

AN ORDINANCE ESTABLISHING CHAPTER 76 OF THE GRANT CITY CODE BY ESTABLISHING ANTENNA REGULATIONS.

THE CITY COUNCIL OF THE CITY OF GRANT DOES HEREBY ORDAIN AS FOLLOWS:

 

CHAPTER 76

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. Facilitate the provision of wireless telecommunication services to the residents and businesses of the City;

B. Minimize adverse visual effects of towers through artful design and siting standards;

C. Avoid potential damage to adjacent properties from tower failure, falling ice, high winds, adverse weather and other safety hazards through location, size, heights, development standards and setback requirements;

D. 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;

E. Protect the inhabitants of Grant from possible adverse health effects associated with exposure to levels of NIER (nonionizing electromagnetic radiation) in excess of recognized national standards;

F. Preserve the quality of living in residential areas which are in close proximity to radio and television broadcast facilities;

G. Insure that a competitive and broad range of telecommunications services and high quality telecommunications infrastructure are provided to serve the community, as well as serve an important and effective part of Grant's emergency response network; and,

H. Place telecommunication facilities in suitable locations with residential locations being a last resort.

 

 

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. Height. Height shall mean height above grade at a given location.

E. Satellite Dish. Any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow, dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROS, and satellite microwave antennas.

F. 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.

G. 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. General Business zoned property
    2. Public land or structures.
    3. Athletic Complexes, public parks, and golf courses.
    4. Parking lots if the monopole replicates, incorporates or substantially blends with the overall lighting standards of the lot.
    5. Within the easement of a high power overhead transmission line, or within

fifty (50) feet of the transmission line easement on the same side of a road.

"High power" means 69,000 volts or more.

B. Preferred support structures.

1. Water towers.

2. Co-location on existing antenna support structures.

    1. Church steeples.
    2. Sides of buildings - over two stories high.

5. Existing power, lighting or phone poles.

C. Prohibitions.

1. No new support structures shall be approved, at any location other than a "preferred land use area, 11 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 reasonable satisfaction of the City, that a "preferred support structure" is not feasibly available for use from an engineering standpoint.

Section 4. Location, Use, Lot Size and Dimensional Requirements.

    1. Primary and Accessory Uses. The use of antenna/antenna support structures may be either a principal or accessory use of land. If the use is considered a principal use, then the "minimum vacant lot size', requirements of Paragraph B of this Section apply. An antenna/support structure may also be considered an accessory use on a parcel of land on which a principal use already exists, thus a smaller parcel of land may be used provided all other standards contained in this ordinance are met.
    2. Maximum Antenna Support Structure Height and Vacant Lot Size Requirements.

Minimum Vacant

Zoning District Maximum Height Lot Size

A-1 195' 10 acres

A-2 195' 10 acres

R-1 165' 10 acres

Conservancy 195, 10 acres

General Business 195' 2.5 acres

C. 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.

D. 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.

E. 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.

3. Notwithstanding subparagraphs 1 and 2 above, if an antenna support structure is located on the same parcel of land as a residential structure, the setback to that residential structure may be equal to the height of the antenna support structure plus fifteen (15) feet.

F. Multiple Towers. Generally, only one (1) antenna support structure is permitted on a parcel of land. If, in the opinion of the City, a particular parcel is well-suited for more than one (1) support structure, then up to three (3) antenna support structures may be located on a parcel of land if each antenna support structure is located within one hundred (100) feet of another antenna support structure, and if all other standards contained in this ordinance are met. Additionally, a second or third antenna support structure will not be allowed on a parcel of land unless

the existing antenna support structures on that parcel already hold the maximum number of co-located antennas possible or unless the existing antenna support structures are not feasibly available for use from an engineering standpoint for additional co-located antenna facilities.

G. Location Limitations. The location of any antenna support structure on a particular parcel of land shall be located so as to have the least impact possible on adjoining properties, and so that any negative impacts of the antenna support structure shall be confined as much as possible to the property on which the antenna support structure is located.

Section 5. Permit Requirements.

A. General Rule. Except as indicated below, Conditional Use Permits are required before any antenna or antenna support structure is installed or constructed. Applications for Conditional Use Permits shall be made on forms available from the City and shall be processed in the manner as are other Conditional Use Permits pursuant to the City's Zoning Ordinance.

B. Administrative Permits. An administrative permit may be issued by the City Engineer to any applicant whom the City Engineer 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.

All applicants for an administrative permit shall pay a fee to the City in such amount as is determined, from time to time, by City Council Resolution.

Any person aggrieved by the City Engineer'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 receiving antennas two (2) meters or less in diameter.

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.

5. Emergency or routine repairs, reconstruction, or routine maintenance of previously approved facilities, or replacement of transmitters, antennas, or other components or previously approved facilities which do not create a significant change in visual impact or an increase in radio frequency emission levels, and provided that such work does not constitute a clear safety hazard.

6. Two-way communication transmitters used on a temporary basis by "9-1-1" emergency services, including fire, police and emergency aid or ambulance service.

7. Radio transceivers normally hand-held or installed in moving vehicles, such as automobiles, watercraft, or aircraft. This includes cellular phones.

 

Section 6. Antenna Regulations in All Districts.

A. The following standards shall apply to all antennas and antenna support structures:

1. All obsolete and unused antennas and antenna support structures shall be removed within ninety (90) days of cessation of operation at the site, unless an exemption is granted by the City. After the facilities are removed, the site shall be restored to its original or an improved condition. Failure to comply with this paragraph will result in the City's completing the removal and site restoration, and the City's costs shall be assessed against the property and collected as a real estate tax.

 

 

 

 

 

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 professional engineer.

7. Antennas shall not be artificially illuminated and must not display strobe lights. 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.

9. 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 Is antennas and comparable antennas for at least two (2) additional users if the antenna support structure is one hundred (100) feet in height or more. Any antenna support structure must also be designed to allow for future rearrangement of antennas 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 finished to reduce visual impact and to meet all applicable FAA 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 a monopole design. The City may grant variances to this requirement in cases where structural, RF design considerations, and/or the number of tenants required by the City prevent the feasible use of a monopole. 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. Buildings which are constructed or used in conjunction with the antenna support structure shall be designed to be architecturally compatible with other existing structures on the site.

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.

  1. 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.

17. All metal towers (and all necessary components) shall be constructed of, or treated with, corrosion resistant material.

18. All antennas and support structures shall be adequately insured for injury and property damage.

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.

20. No temporary mobile communication sites are permitted except in the case of equipment failure, equipment testing, or in the case of an emergency situation as authorized by the police. Use of temporary mobile communication sites for testing purposes shall be limited to twenty-four (24) hours; use of temporary mobile communication sites for equipment failure, or in the case of emergency situations, shall be limited to a term of thirty (30) days. These limits can be extended by the City Council.

21. All equipment and construction regulated by this ordinance shall comply with recognized applicable standards or regulations, such as, but not limited to those standards and regulations established by the following (or their successors):

American National Standards Institute (ANSI)

Electronic Industries Association (EIA)

Federal Communications Commission (FCC)

Federal Aviation Administration (FAA)

Institute of Electrical and Electronic Engineers (IEEE)

Minnesota Building Code (MBC)

National Electrical Code (NEC)

National Fire Protection Association (NFPA)

Occupational Safety and Health Administration (OSHA)

22. All applications under this Ordinance and all approved uses must at all times also comply with all other applicable City Ordinances."

B. The following regulations shall apply to all antennas and antenna support structures for which a Conditional 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, computer, 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 that the antenna(s) comply with all applicable regulations regarding emission of radiation and electromagnetic waves.

5. The base of all antenna support structures shall be posted with signs stating "Keep Off" on all sides. Additionally, all telecommunications facilities shall be clearly identified as to location and operator so as to facilitate emergency response. Specifically, an address sign shall be installed in conformance with fire department requirements at the entrance of the public way to provide direction along the access road to the facility itself. Additionally, a permanent, weatherproof, approximately 16"x 32" facility identification sign shall be placed on the gate in the fence around the equipment building, or if there is no fence, next to the door to the equipment shed itself. Said sign shall identify the facility operator, provide his/her address, and specify a twenty-four (24) hour telephone number at which he/she can be reached.

 

Section 7. Amateur Radio Antenna and Towers.

A. 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, A

2. Section 3, C, 1.

3. Section 4, A

4. Section 4, D

5. Section 5

6. Section 6, A, 3, 6, 9, 11 & 19

7. Section 6, B, 1, 3 (a) , 4 & 5

B. Site Plan.

No amateur antenna support structures shall be constructed unless Site Plan approval has been given by the City Engineer. Any person aggrieved by the City Engineer's decision shall be entitled to appeal that decision to the City Council.

C. 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 manufacturers specifications.

 

Section 8. Fees and Escrows.

A. Any person applying for any permit or site plan under this Chapter shall pay to the City at the time of application all fees and escrows which are required.

B. Fees and escrows as envisioned herein shall be determined, from time to time, by City Council Resolution.

C . All applicants must reimburse the City for any costs which the City incurs because of the presence of the applicants, antennas or tower, including costs for review of the application materials and review of required periodic submissions.

 

Section 9. Periodic Submissions.

A. Submissions at Time of Initial Application.

In addition to the information required elsewhere in this ordinance, applications for Conditional Use Permits or Administrative Permits shall include the following information

(which shall be supplied by a qualified licensed and registered professional engineer):

1. Describe the tower height and design, including a cross-section and elevation.

2. Document the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas.

3. Describe the tower's capacity, including the number and type of antennas that it can accommodate.

4. Document what steps the applicant will take to avoid interference with established public safety telecommunications.

5. Include the engineer's stamp and registration number.

6. Submit a picture drawing looking down at the energy lobe patterns (or projected patterns) of the site.

7. A "Letter of Intent" as required by Section 11 of this Ordinance.

8. A written statement from the City Fire Department stating that the design of the facility, including its access roads, are in compliance with applicable fire codes and reasonable Fire Department regulations for access to the site in case of an emergency.

9. The City, at its reasonable discretion, may require visual impact demonstrations including mock-ups and/or photo montages to be submitted by the applicant to provide a more accurate visual depiction of the applicant's proposal.

  1. Applications may be rejected by the City if the applications contain disclaimers which state or imply that the actual antenna support structure and/or antennas may not be constructed as is represented within the application materials. Applications shall accurately describe and depict the actual antenna support structure/ antennas that the applicant wishes to have reviewed.
  2. Each initial application must also include the information required under Section 9.C. (5 year submissions) of this Ordinance.
  3. All maps submitted must clearly delineate the City boundaries and all State and County highways within the City.
  4. Every application must include a map clearly delineating all properties and their lot lines within a 1,000 foot radius of the proposed tower site. The maps must also depict the location of all homes and accessory structures within a 1,000 foot radius of the proposed tower site.

B. Every Year.

No later than January 10 of each year, each holder of a Conditional Use Permit or Administrative Permit issued under this Chapter shall submit to the City Clerk a photocopy of a Certificate of Insurance showing that the tower and/or antenna is insured for that calendar year and shall also submit to the City Clerk a copy of a report showing that the tower and antennas are being operated in compliance with all federal and/or state regulations.

C. Every Five (5) Years.

Every five (5) years and not later than January 10 on the year of submission, each holder of a

Conditional Use Permit or Administrative Permit under the terms of this Chapter shall provide the following information to the City:

1. A written description of the type of technology each company/carrier will provide to its customers over the next five (5) years (i.e. cellular, PCS, ESMR).

2. A description of the radio frequencies to be used for each technology.

3. A description of the type of consumer services (voice, video, data transmission) and consumer products (mobile phones, laptop PCs, modems) to be offered.

4. A listing of all existing, existing to be upgraded, or replaced, and proposed communication sites within the City and within five (5) miles of the City for these services.

5. A presentation-size map of the City showing the five year plan for communication sites, or if individual properties are not known, the geographic service areas of the communication sites. This shall be submitted in hard copy form at a size of 24 x 36 inches or greater, and shall also be provided on a 3% inch disk formatted for an IBM compatible computer.

6. A written list of communication sites (in use or projected to be used within the next five (5) years) in both hard copy and 3% inch disk (formatted for an IBM

compatible "Word") . The list should include at least the following information:

a. Identify the communication sites by address and then by Washington County P.I.D. Number;

b. List the zoning district;

c. Describe the type of building (i.e. commercial, residential, etc.) and the height of the building;

d. List the name of the carrier, its business address, and a local contact person (with phone number);

e. List the number of antenna and base transceiver stations (BTS) per site by your carrier and if there are other installations. List the number by each carrier.

f. List the height from grade to the top of the antenna installations; location and type of antenna and location of BTS;

g. List the radio frequency range in megahertz and list the wattage output of the equipment and effective radiated power.

h. A current and up-to-date information submission including the name, address and telephone number (one local and one national) to be contacted in case of an emergency occurring at the site of the antenna support structure.

 

Section 10. Exemptions and Modifications. An exemption or modification to any requirement of this Ordinance shall be heard by the City Council. An exemption or modification shall only be granted if it can be shown by the presentation of appropriate engineering data that personal wireless services cannot be provided to a specific area without the granting of an exemption or modification.

 

Section 11. Letter of Intent. A "Letter of Intent" committing the tower owner, property owner, and their successors to allow the shared use of the tower shall be submitted to the City at the time of application. Pursuant to the terms of the Letter of Intent, the tower owner, property owner, and their successors shall, in good faith, lease space on an antenna support structure to other users. In the case of a dispute regarding the lease of space to other users, the existing permit holder and the current applicant shall submit their dispute to binding arbitration. Said binding

arbitration shall be completed within sixty (60) days of notification that a dispute exists. The costs of arbitration shall be borne equally by the applicant and the permit holder. Failure to abide by the arbitrator's decision shall result in termination of the permit for the tower and said tower shall be removed within sixty (60) days. All permits shall be subject to review and termination if it is determined by the City that a permitted tower owner, property owner or successor is not in good faith offering antenna space to other users.

Section 12. Noise and Traffic. All telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused the residents of nearby homes and the users of nearby recreational areas such as public parks and trails. To that end, all of the following measures shall be implemented:

A. Outdoor noise producing construction activities shall only take place on weekdays (Monday through Friday) between the hours of 7:30 a.m. and sunset, unless allowed at other times by the City.

B. Back-up generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 7:30 a.m. and sunset.

C. Traffic shall at all times be kept to an absolute minimum, but in no case more than one (1) round trip per day on an average annualized basis once construction is complete.

 

Section 13. Severability. If any section of this Ordinance is declared unconstitutional for any reason, the remaining provisions shall be considered separate and independent provisions which shall continue in full force and effect.

Section 14. This Ordinance shall be effective immediately upon its passage and publication according to law.

 

ADOPTED by the City Council this 16th day of February, 1998.

 

Gary Erichson, Mayor

 

ATTEST:

 

 

Stephanie Mary, City Clerk