HomeMy WebLinkAboutOrdinance - 27-97 - Amending City Code Sec.11.06 - Towers & Antennas - 05/20/1997 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 27-97
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY
CODE CHAPTER 11,SECTION 11.03 INCLUDING (1) THE EXCEPTION OF BUILDING
OR ALTERING AN ANTENNA OR TOWER FROM SITE PLAN APPROVAL, (2)
EXPANDING TO 500 FEET THE PROPERTIES TO WHICH MAILED NOTICE OF A
PUBLIC HEARING MUST BE GIVEN, AND (3) AMENDING SUBD. 3.F.; AMENDING
CITY CODE CHAPTER 11, SECTION 11.02 INCLUDING THE ADDITION OF
DEFINITIONS OF ANTENNA, COMMERCIAL WIRELESS TELECOMMUNICATION
SERVICES, PUBLIC UTILITY STRUCTURE AND TOWER; AMENDING CITY CODE
CHAPTER 11, SECTIONS 11.06, 11.10, 11.11, 11.15, 11.20, 11.25, 11.30, 11.35 BY
INCLUDING ANTENNAS AND TOWERS AS PERMITTED USES; AND AMENDING
CITY CODE CHAPTER 11 BY ADDING A NEW SECTION 11.06 REGULATING THE
PLACEMENT, HEIGHT, SETBACK, DESIGN AND APPROVAL PROCESS FOR
TOWERS AND ANTENNAS,AND ADOPTING BY REFERENCE CITY CODE CHAPTER
1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA ORDAINS:
SECTION 1. City Code Section 11.03, Subd. 6. B. is amended as follows:
B. Exceptions. The provisions of this subdivision shall not apply to the issuance of a
building permit for (a) a building or structure to be built or constructed on land in
conformity with a Site Plan approved prior to February 21, 1989, but not more than
two years prior to issuance of the building permit by the City Council in connection
with the rezoning or platting of the land, or (b) the building or alteration of an
antenna or tower except an antenna or tower which is greater than 80 feet in height.
The Director of Planning may determine that an alteration or enlargement of a
building or structure is minor and does not require conformance with an approved
Site Plan and Architectural Design or an amendment thereof, provided however, if
the Director shall not make such a determination an owner of the land on which the
building or structure intended to be altered or enlarged is situated may request the
Council to make such determination.
SECTION 2. City Code Section 11.03, Subd. 6.F. is amended as follows:
F. The Site Plan and Architectural Design may not be acted upon by the
Council until it has received the recommendation of the Planning
Commission or until 60 days have elapsed from the date it has been referred
to the Planning Commission for its study and report.
No approval shall be given until a public hearing has been held thereon by
the Council. A notice of the time, place and purpose of the hearing shall be
published in the official newspaper of the City at least 10 days before the day
of the hearing. A notice shall be mailed at least 10 days before the day of the
hearing to each owner of property situated wholly or partly within 500 feet
of the property to which the requested approval relates. For the purpose of
giving mailed notice, any appropriate records to determine the names and
addresses of owners may be used. A copy of the notice and list of the
owners and addresses to which the notice was sent shall be attested to by the
person giving the notice and shall be made a part of the records of the
proceeding. The failure to give mailed notice to the property owners or
defects in the notice shall not invalidate the proceeding provided a bonafide
attempt to comply with this provision has been made.
Approval of the Council shall require a two-thirds vote of all the members
of the Council.
SECTION 3. City Code Section 11.02 is amended by renumbering paragraphs 4 through
9 inclusive, as 5 through 10 inclusive; 10 through 41 inclusive, as 12 through 43 inclusive; 42
through 54 inclusive, as 45 through 57 inclusive; and, 55 through 63 inclusive, as 59 through 67
inclusive, and by adding new paragraphs 4, 11,44 and 58 as follows:
4. "Antenna" - Any structure or device used for the purpose of collecting or
transmitting electromagnetic waves,including but not limited to directional antennas,
such as panels, microwave dishes, and satellite dishes, and omni-directional
antennas, such as whip antennas.
11. "Commercial Wireless Telecommunication Services" - Licensed commercial wireless
telecommunication services including cellular, personal communication services (PCS),
specialized mobilized radio(SMR), enhanced specialized mobilized radio (ESMR),paging,
and similar services that are marketed to the general public.
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44. "Public Utility Structure" - A structure or pole supporting wires for communication or
transmission of data or electricity.
58. "Tower"-Any (a) ground or roof mounted pole, spire, structure, or combination thereof,
taller than 15 feet, including supporting lines, cables,wires,braces, and masts, on which is
mounted an antenna,meteorological device, or similar apparatus above grade, or(b)ground
or roof mounted antennas taller than fifteen feet(15').
SECTION 4. City Code Section 11.10, Subd. 2 is amended by adding paragraph G. as
follows:
G. Antennas and Towers, in those locations and subject to the limitations contained in
City Code Section 11.06.
SECTION 5. City Code Section 11.11, Subd. 2 is amended by adding paragraph F. as
follows:
F. Antennas and Towers, in those locations and subject to the limitations contained in
City Code Section 11.06.
SECTION 6. City Code Section 11.15, Subd. 2 is amended by adding paragraph D. as
follows:
D. Antennas and Towers, in those locations and subject to the limitations contained in
City Code Section 11.06.
SECTION 7. City Code Section 11.20, Subd. 2 is amended by adding paragraph D. as
follows:
D. Antennas and Towers, in those locations and subject to the limitations contained in
City Code Section 11.06.
SECTION 8. City Code Section 11.25, Subd. 2 is amended by adding paragraph E. as
follows:
E. Antennas and Towers, in those locations and subject to the limitations contained in
City Code Section 11.06.
SECTION 9. City Code Section 11.30, Subd. 2 is amended by adding paragraph G. as
follows:
G. Antennas and Towers, in those locations and subject to the limitations contained in
City Code Section 11.06.
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SECTION 10. City Code Section 11.35, Subd. 2 is amended by adding paragraph F. as
follows:
F. Antennas and Towers, in those locations and subject to the limitations contained in
City Code Section 11.06.
SECTION 11. City Code Chapter 11 is amended by adding Section 11.06 as follows:
"Section 11.06. Towers and Antennas.
Subd. 1. Purpose. In order to accommodate the communication needs of residents and
business 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 commercial wireless telecommunications services to the
residents and businesses of the City;
B. minimize adverse visual effects of towers through careful
design and siting standards;
C. avoid potential damage to adjacent properties from tower failure through structural
standards and setback requirements; and,
D. maximize the use of existing and approved towers and buildings to accommodate
new commercial wireless telecommunication antennas in order to reduce the number
of towers needed to serve the community.
Subd.2. Prohibition. No tower or antenna shall be erected, constructed, maintained. altered
or used unless in compliance with this section.
Subd.3. Towers in Rural and Residential Zoning Districts. Towers shall be allowed in the
Rural and Residential Zoning Districts only as follows:
A. Towers for amateur radio communication and conforming to all applicable
provisions of this Code shall be allowed only in the rear and side yards of rural and
residential zoned lots.
B. Towers for Commercial Wireless Telecommunications Services and conforming to
all applicable provisions of this Code shall be allowed only in the following
residentially-zoned locations:
l. parks, when compatible with the nature of the park;
2. schools; and
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3. public streets and rights-of-way when attached to, or part of a public utility
structure.
Subd. 4. Height.
A. The height of a tower shall be determined by measuring the vertical distance from
the point of contact with the ground of the tower or the structure to which it is
attached (if attached) to the highest point of the tower, including all antennas and
other attachments.
B. In all zoning districts the maximum height of a tower, except those which are public
utility structures located within a Public Street or right-of-way, shall not exceed one
foot for each four feet the tower is set back from a Rural or Residential Zoning
District up to a maximum height of 150 feet.
C. No antenna shall extend more than 20 feet above the highest point of a public utility
structure.
Subd. 5. Setbacks and Location. Towers shall conform with each of the following
minimum requirements:
A. Towers, except those which are public utility structures, located within a Public
Street or right-of-way, shall meet the setbacks of the underlying zoning district,
except industrial zoning districts where towers may encroach into the rear setback
area, provided that the rear property line abuts another industrially zoned property
and the tower does not encroach upon any easements.
B. Towers, except those which are public utility structures, located within a Public
Street or right-of-way, shall not be located between a principal structure and a public
street, with the following exceptions:
1. In industrial zoning districts, towers may be placed within a side yard
abutting an internal street.
2. On sites adjacent to public streets on all sides,towers may be placed within
a side yard abutting a street.
C. Towers which are public utility structures located in a Public Street or right-of-way
need not be set back from a street or right-of-way line.
D. A tower's setback may be reduced or its location in relation to a public street varied,
at the sole discretion of the City Council,to allow the integration of a tower into an
existing or proposed structure such as a church steeple, light standard, power line
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support device or similar structure. Integration may include replication of the
existing or proposed structure by a new structure provided the new structure is
substantially similar in design and color to the exiting or proposed structure and
extends no more than 20 feet above the highest point of the existing or proposed
structure.
Subd. 6. Exceptions. The provisions of Subds. 4 and 5 shall not apply to the
following:
1. Water towers and poles supporting emergency warning devices to which are
attached antennas.
2. Church sanctuaries, steeples and bell towers to which are attached antennas.
3. In accordance with the preemption ruling PRB 1 of the Federal
Communications Commission,towers for amateur radio communication that
comply with other provisions of City Code Chapter 11 relating to towers.
Subd.7. Co-Location Requirements. All commercial wireless telecommunication towers
erected, constructed, or located within the City shall comply with the following requirements:
A. A proposal for a new commercial wireless telecommunication services tower shall
not be approved unless the City Manager or his designee finds that the
telecommunications equipment intended to be attached to the proposed tower cannot
be accommodated on an existing or approved tower, public utility structure, or
building within one mile (one-half mile for towers under 120 feet in height, one
quarter mile for towers under 80 feet in height) of the proposed tower due to one or
more of the following reasons:
1. The planned equipment would exceed the structural capacity of the existing
or approved tower, public utility structure or building, as documented at
applicant's expense by a qualified registered professional engineer, and if
owned by applicant the existing or approved tower, public utility structure
or building, cannot be reinforced, modified, or replaced to accommodate
planned or equivalent equipment at a reasonable cost.
2. The planned equipment would cause interference materially impacting the
usability of the existing or planned equipment at the tower, public utility
structure or building as documented at applicant's expense by a qualified
registered professional engineer and the interference cannot be prevented at
a reasonable cost.
3. Existing or approved towers,public utility structures and buildings within the
search radius cannot accommodate the planned equipment at a height
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necessary to function reasonably as documented at applicant's expense by a
qualified registered professional engineer.
4. Other reasons (including but not limited to economic considerations) that
make it infeasible to locate the planned telecommunications equipment upon
an existing or approved tower,public utility structure or building.
Subd. 8. Tower and Antenna Design Requirements. Proposed or modified towers and
antennas shall meet the following design requirements:
A. Towers and antennas shall be designed to blend into the surrounding environment
to the maximum extent possible through the use of color and camouflaging
architectural treatment, except in instances where the color is dictated by federal or
state authorities such as the Federal Aviation Administration.
B. Commercial wireless telecommunication service towers, except those which are
public utility structures, shall be of a monopole design unless the City Manager or
his designee determines that an alternative design would better blend in to the
surrounding environment.
C. Towers shall not be illuminated by artificial means and shall not display strobe lights
unless such lighting is specifically required by the Federal Aviation Administration
or other federal or state authority for a particular tower and then only at such time
or times required. Strobe lights shall not be permitted during the hours between
sundown and sunrise. When incorporated into the approved design of the tower,
light fixtures used to illuminate ball fields, parking lots, or similar areas may be
attached to the tower.
D. Metal towers shall be constructed of, or treated with, corrosive resistant material.
Wood poles shall be impregnated with rot resistant substances.
E. No antenna or tower shall have affixed or attached to it in any way, except during
time of repair or installation, any lights, reflectors, flashers, or other illuminating
device, except as required by the Federal Aviation Administration or the Federal
Communications Commission, nor shall any tower have constructed thereon, or
attached thereto, in any way, any platform, catwalk, crow's next, or like structure,
except during periods of construction or repair.
F. The face of an antenna having one face shall not exceed 30 square feet. No face of
an antenna having more than one face shall exceed 24 square feet per face.
Subd. 9. Interference with Public Safety Telecommunications. No new or existing
commercial wireless telecommunications services shall interfere with public safety wireless
telecommunications.
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Subd. 10. Required Approval. Except when review and approval is required pursuant
to City Code Section 11.03, Subd. 6. B a tower may not be constructed or increased in size or
capacity without the approval of the City Manager or his designee. In the event an application for
a tower is disapproved by the City Manager or his designee, the City Manager or his designee shall
state the decision,together with the reasons therefor in writing. A notice of, and the written decision
shall be given to the applicant by mail at the address stated in the application or such other address
as applicant directs by written request to City prior to the giving of such notice. Within thirty (30)
days applicant may appeal the decision of the City Manager or his designee to the City's Board of
Adjustments and Appeals in accordance with City Code Section 2.11.
Subd. 11. Application. An applicant for a permit for the construction of a tower shall make
a written application to the City. The application shall include,but not be limited to the following:
1. Name, address,telephone and fax numbers of applicant.
2. Location of proposed tower, including the legal description.
3. The locations of all existing towers within one mile of the location of the proposed
tower, together with the distances between the existing towers and the proposed
tower.
4. Description of the tower, including its height, size of base, configuration, design,
number of antennas to be attached to the tower, potential for additional antennas,
color and camouflage treatment and lighting, if any, and materials out of which the
tower will be constructed.
5. A certificate by a qualified registered professional engineer in such form as approved
by the City Manager or his designee that the applicant's commercial wireless
telecommunications services equipment cannot be accommodated on an existing
tower in accordance with Subd. 7.A.hereof and a certificate by a qualified registered
professional engineer selected or approved by the City Manager or his designee that
the commercial wireless telecommunications services to be accommodated on the
proposed tower or increase in size or capacity of an existing tower will not interfere
with public safety wireless telecommunications.
6. The application shall be accompanied by payment of such fees as provided by City
`Council resolution. Fees shall include reimbursement to City of its costs, including
those incurred for consulting and technical advice relating to the proposed tower.
SECTION 12. City Code Section 11.03, Subd. 3.F. is amended as follows:
F. Except towers for commercial wireless telecommunications services,towers, spires,
chimneys, water tanks, flagpoles, radio and TV antennas,transmission towers and
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other structures and necessary mechanical appurtenances covering not more than
10% of the ground area may be erected to a height of not more than 25 feet in
addition to the maximum height permitted.
SECTION 13. City Code Chapter 1, entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation A Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim herein.
SECTION 14. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
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day of May, 1997, and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the, _.day of 1997.
ATTEST:
Ci Clerk
ayor
PUBLISHED in the Eden Prairie News on the day of , 1997.
C:hvp51\rapkep\ord\antenna tow
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SUMMARY OF
ORDINANCE 27-97
TOWERS AND ANTENNAS
AN ORDINANCE OF THE CITY
4OF EDEN PRAIRIE, MINNESOTA,
AMENDING CITY CODE CHAPTER
11, SECTION 11.03 INCLUDING (1)
THE EXCEPTION OF BUILDING OR
ALTERING AN ANTENNA OR
TOWER FROM SITE PLAN AP-
PROVAL, (2) EXPANDING TO 500
FEET THE PROPERTIES TO WHICH Affidavit of Publication
MAILED NOTICE OF A PUBLIC
AMENDING
INGSUBG MUST BEGNEN,ANDMENDI G Southwest Suburban Publishing
AMENDING;SUBD.3.F.;AMENDING
CITY CODE CHAPTER 11.SECTION
11.02 INCLUDING THE ADDITION
OF DEFINITION3-Of ANTSMNA, State of Minnesota
COMMERCIAL WMALESS'TELE- )
COMMUNICATIONMVICS PUB- )SS.
L1C UTILITY STRUCTURE AND t
TOWER. AMEND NG CITY CODE County of Hennepin
CHAPTER 11,SECT! MS 11.06,11.10,
11.11, 11.15, 11.20, 11.25. 11.30, 11.35
BY INCLUDING ANTENNAS AND
TOWERS AS PERMITTED USES;AND Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
AMENDING CITY CODE CHAPTER the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
i 1 B Y ADDING A NEW SECTION 11.06 as follows:
REGULATING THE PLACEMENT, (A)This newspaper has complied with the requirements constituting qualification as a legal
HEIGHT, SETBACK, DESIGN AND newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
APPROVAL PROCESS FOR TOWERS amended.
AND ANTENNAS, AND ADOPTING /
BY REFERENCE CITY CODE CHAP- (B)The printed public notice that is attached to this Affidavit and identified as No. 5"
TER 1 AND SECTION 11.99 WHICH was published on the date or dates and in the newspaper stated in the attached Notice and said
AMONG OTHER THINGS CONTAIN Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
PENALTY PROVISIONS. the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
The following is only a summary of inclusive,and is hereby acknowledged as being the kind an of type used in the composi"on
Ordinance No. 27-97. The full text is and publication of the Notice:
available for public inspection by any
person during regular office hours at the abedefghijk mnopgrstu
office of the City Clerk:
Application
The ordinance applies to ground and By:
roof mounted poles and structures taller tan Rolfsrud,Ge Tanager
than 15 feet supporting an antenna for agent
g
or his designated a
VV
wireless communications.The ordinance g
also applies to ground or roof mounted
antennas for wireless communications Subscribed and sworn before me on
taller than 15 feet.
Location
Towers may be located in all Zoning
Districts- In Rural and Residential Dis- this day of 1997
trios they are limited to amateur radio (�' GIVEN M. HADUENZ
communications and commercial wireless ` ROTRRY PUBLIC—YINNESOTA
telecommunications services in parks, ; Fy�s MY COMMISSION EXPIRES 1-31.00
schools,public streets and rights-of-way
when attached to or part of a public utility
structure. Notary Public
Height Restrictions — ture.Illumination of towers is also regu-
Except those which are located on On sites adjacent to pilblie stmau on lated.
public utility structures within a public all sides towers maybe placed within aside Procedures
street or right-of-way. a tower may not ' yard abutting a street Approval for towers is subject to
exceedone(1)foot for each four(4)feet the The provisions relating to height and certain application requirements.
tower is setback from a Rural or Residen- setbacks do not apply to water towers, Approval for towers of 80 feet or less c
tial zoning district up to a maximum height poles supporting emergency warning de- in height may be given administratively.
of 150 feet. vices,church sanctuaries,steeples andbell Approval for towers in excess of 80 �
No antenna may extend more than 20' towers to which are attached antennas and feet are by the City Council pursuant to c g�r <
above the highest point of a public utility amateur radio towers. the current ^•
structure. Co-Location Requirements site plan review provisions of City r,
Setbacks and Locations Y a"
Approval for a tower is conditioned Code and the substantive provisions of
Towers,other than those located within on a showing that the equipment intended this ordinance.
a public street or right-of-way,must meet to be attached cannot be accommodated The latter includes lannin commis- �-a c o
the setbacks of the underlying zoning dis- reasonably on an existing or approved sion review and comment. g Zoo
trict except, tower,public utility structure or building Miscellaneous a R r.
Towers in indtetwW- f. within one-quarter mile for towers under City Code Section 11.03,Subd.3.f. Z< r-
may encroach inio the rear setbi0ttii<ta 80 feet in height,one-half mile for tower which authorizes towers of not more than
provided PrOPab line abt an- between80-120feetinheightandonemile 25 feet in height is amended by excepting R. ,<
other industrially-zoned property for towers 120 feet or greater in height. from that authorization towers for com- °
Towers may not be located between a Design Requirements mercial wireless telecommunications ser-
principal structure and a public street, Towers and antennas are to he de- vices.
except: signed to blend into the surrounding envi- Effective Date:This Ordinance shall
In industrial zoning districts towers ronment to the maximum extent possible take effect upon publication.
may be placed within aside yard abutting through the use of color and camouflage. ATTEST:
an internal street.and Towers are to be of monopole design, Is/John D.Fran
except if located on a public utility st ruc- City Clerk