Ord 317 Wireless Telecommunications TowersCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NUMBER 31 7
The City Council of the City of Mendota Heights does hereby ordain as follows:
SECTION 1 Municipal Ordinance No. 401, commonly known as the City
Zoning Ordinance, is hereby amended to include Section 21.6,
which shall read as follows:
21.6 WIRELESS TELECOMMUNICATIONS ANTENNAE, FREE-
STANDING ANTENNAE TOWERS AND ACCESSORY
STRUCTURES
Wireless telecommunication towers, antennae, and accessory structures, including but not
limited to cellular and PCS technology, are a Conditional Use of all zones within the
City, subject to the requirements and exceptions of this Section.
21.6(1) Purpose. To protect the public health, safety and general welfare of
the community while accommodating the communication needs of
residents and businesses, the Mendota Heights City Council finds that this
Section is necessary to:
21.6(1)a Avoid potential damage to adjacent properties and personal injury from
tower collapse through structural standards and setback requirements.
21.6(1)b Protect the aesthetic qualities of the community by requiring tower and
antennae equipment to be screened from properties within viewing
distance of the site and to be designed in a manner to blend in with the
surroundings and compliment existing structures.
21.6(1)c Maximize the use of existing and approved free - standing antennae towers
buildings, and existing light poles for new wireless telecommunication
antennas
21.6(1)d Minimize the number of free - standing antennae towers needed to serve the
community by utilizing co- location.
21.6(1)e Facilitate the provision of wireless telecommunication services to the
residents and businesses of the City.
21.6(2) Definitions.
The following words and terms when used in this Section shall have the
following meanings unless the context clearly indicates otherwise:
21.6(2)a Accessory structure. A use or structure which is subordinate to one of the
following:
1.) the principal use of the land
2.) a building with antennae
3.) an antennae tower
21.6(2)b Antenna. Any structure or device used for the purpose of collecting or
radiating electromagnetic waves, including but not limited to Cellular and
PCS technology.
21.6(2)c Personal wireless communication services. Licensed commercial wireless
communication services including cellular, personal communication
services (PCS), enhanced specialized mobilized radio (ESMR), paging and
similar services.
21.6(2)d Public Utility. Persons, corporations, or governments supplying gas,
electric, transportation, water, sewer, or land line telephone services to the
public. For this ordinance, commercial wireless telecommunication
sources shall not be considered public utility uses or essential services.
21.6(2)e Tower. Any pole, spire, structure, or combination thereof, including
supporting lines, cables, wires, braces and masts, intended primarily for
the purpose of mounting an antenna, meteorological device or similar
apparatus above grade. For height restriction purposes, the height of the
tower shall be measured from the ground to the highest portion or
attachment thereof.
21.6(2)f UBC. Uniform Building Code. Published by the International Conference
of Building Officials and adopted by the State of Minnesota to provide
jurisdictions with building- related standards and regulations.
21.6(2)g Unused or Obsolete Towers or Antennae. Any antennae or free - standing
antennae tower shall be considered to be unused or obsolete if it is not
continuously used if no use is made of it for its intended purpose for a
period of six continuous months or more.
21.6(3) Building- Mounted Antennae
21.6(3)a Antennae may only be mounted on institutional buildings (churches,
schools, businesses, etc.) or apartment buildings two stories or higher.
Wireless telecommunications antennae are not permitted on attached or
detached single - family homes.
21.6(3)b Building- mounted antennae must be flush - mounted to the sides of the
building and painted the color of the building exterior unless the applicant
can demonstrate to the Council that protrusion above the roof line is
necessary for communications effectiveness.
21.6(3)c In no case shall building mounted antennae or any attachment thereto be
allowed to protrude more than 15' above the roof line of the building.
21.6(3)d If both the applicant and the City consent to mounting the antennae on the
City's water tower or other municipal building, a Developer's Agreement
may be necessary at the discretion of the City in addition to a Conditional
Use Permit.
21.6(4) Free - Standing Antennae Towers
21.6(4)a No free - standing antennae or antennae tower shall be allowed in any R -1,
R-1 A, or R -2 zones unless co- located on existing utility towers.
21.6(4)b A free- standing antennae tower shall only be permitted if the
applicant can demonstrate the following to the Council:
1. that a building - mounted or water tower - mounted antennae in the
manner described in Section 21.6(3) will not provide sufficient
communications effectiveness, and
2. that it is not possible or feasible to co- locate on an existing free -
standing antennae tower or building in the vicinity of the proposed
location.
21.6(4)c Free - standing antennae towers must be of a monopole -type design and
painted "eggshell ".
21.6(4)d All free - standing antennae towers shall be no higher than 75', as measured
from the ground to the highest point of any portion of the tower, antennae,
or any other component attached thereto, or the distance between the base
of the antennae tower and the nearest setback line, whichever is least.
21.6(4)e All freestanding antennae towers and accessory structures must adhere to
all appropriate setbacks for the given zone.
21.6(5) Aesthetics
21.6(5)a All free - standing antennae towers shall be of a monopole -type design.
The use of guyed towers is prohibited.
21.6(5)b Those portions of all free - standing antennae towers and all antennas which
protrude into the air shall be painted eggshell. Those portions of all
antennae that are flush - mounted to the sides of buildings shall be painted
to match the exterior of the building.
21.6(5)c All accessory buildings to all freestanding towers shall be screened from .
public view by a landscape plan according to the landscape standards of
the appropriate zone and as described in Section 4.17(4) of this Zoning
Ordinance subject to Council review.
21.6(5)d Advertising of any kind shall not be permitted on any free - standing
- antennae tower, antenna, or accessory structure.
21.6(5)e Artificial lighting of any kind shall not be permitted on any free - standing
antennae tower, antenna, or accessory structure unless such lighting is
required by the FCC, the FAA, or another federal or state regulatory body.
If such a requirement exists, only the minimum amount of lighting
required shall be allowed.
21.6(5)f Structures, functions, uses or activities that are not found by the City to be
specifically necessary for the proper functioning of the antennae shall be
prohibited on any antennae or tower without express permission from the
City unless the City grants a waiver to this requirement.
21.6(6) Safety
21.6(6)a For a free - standing antenna tower, the applicant must provide a report
from a licensed qualified professional structural engineer certifying that
the tower will meet or exceed current EIA/TIA -222 -E standards including
but not limited to standards for withstanding meteorological conditions
such as high winds and radial ice.
21.6(6)b All antennae, free - standing antennae towers, and accessory structures shall
conform to all building and electrical codes.
21.6(6)c The applicant may be required by the Council to erect a security fence
around any free - standing antenna.
21.60 Accessory Structures for Antennae
21.6(7)a Accessory buildings to antennae or free - standing antennae towers must lie
completely within all applicable setbacks from all property lines and must
otherwise conform to all requirements for accessory buildings within the
description of the specific zone.
21.6(7)b Accessory structures and equipment buildings shall be designed to be
architecturally compatible with any principal structures on the site, or in
the absence of such structures, with their immediate surroundings in an
aesthetically pleasing manner. Accessory structures shall be finished on
all sides. The Planning Commission shall review and the Council shall
approve the design of any accessory structures and equipment
buildings.
21.6(8) Other
21.6(8)a Unused or obsolete free - standing antennae towers, antennae, structures or
apparatus must be removed within six months of when the
operation ceases.
21.6(8)b The applicant must submit proof of any applicable federal, state, or local
licenses to the Council prior to receiving a building permit.
21.6(8)c The applicant must agree in writing to support, participate in and refrain
from interfering with public warning systems and public safety
communications.
21.6(8)d The applicant shall demonstrate by providing a coverage /interference
analysis and capacity analysis, that the location and height of the-M free-
standing antennae tower or antenna as proposed is necessary to meet the
communication, frequency reuse and spacing needs of the communication
services system, and to provide adequate coverage and capacity to areas
that cannot be adequately served by locating the towers in a less restrictive
district or on an existing structure, free - standing antennae tower or antenna
including in neighboring municipalities.
21.6(8)e All new or existing telecommunications service and equipment shall meet
or exceed all Federal Communications Commission (FCC) standards
and regulations and shall not interfere with any other communications,
computers, laboratory equipment or manufacturing equipment, including
television and other home electronics. The applicant shall provide to
the City a report from a qualified professional engineer guaranteeing non-
interference and a copy of the FCC approval of the antennae in regards to
non - interference.
21.6(8)f In the event that the FCC or other agency or other governmental body
having jurisdiction requires the applicant to submit an Environmental
Impact Statement or similar document, a copy of this document shall be
submitted to the City.
21.6(8)g A successful applicant. shall provide an Abandonment Bond to the City
equal to one and a half times the current cost of removal and disposal of
all antennae and accompanying apparatus as estimated by a consultant
selected by the City and paid for by the applicant, which bond shall be
used by the City to remove the antennae and apparatus should they
become unused or obsolete and the applicant or its successors or assigns
become disbarred or otherwise fail to remove said antennae and apparatus.
21.6(8)h Existing non - conforming free - standing antennae towers, antennae, or
accessory structures shall be allowed to continue operation unless use of
the free - standing antennae towers, antennae, or accessory structure for its
intended purpose ceases for a continuous period of six months, in which
case resumption of use shall require a re- application for a Conditional Use
Permit.
21.6(8)i All applications for either free - standing antennae, a free - standing
antennae tower, or building- mounted antennae shall be accompanied by a
map of all existing towers and antennae of the same provider within a two
mile radius of the proposed site and all future planned antennae of the
same provider for the next five years within a two mile radius of the
proposed site.
21.6(8)] All costs of an application, including but not limited to those incurred by
City Staff time and resources, engineering studies by consultants, and
other data as may be required by the City Staff, the Planning Commission
or the City Council shall be borne in full by the applicant.
21.6(8)k The Council may at its discretion waive any or all of the requirements of
this Section in order to approve a unique "stealth" or "camouflage" design
of free - standing antennae or poles or building mounted antennae if in the
opinion of the Council said apparatus will be sufficiently disguised as
trees, light poles, church steeples, or other similar objects.
21.6(8)1 Use of mobile Cell/PCS sites or COWS (Cell Sites on Wheels), or any
other temporary antennae apparatus is strictly prohibited except in the case
of emergency equipment used for public safety purposes for a limited time
during or in the immediate aftermath of a natural disaster or other
emergency.
SECTION 2 This Ordinance shall be in full force and effect from after its
publication according to law.
Enacted and ordained into an Ordinance this 21st day of October, 1997.
ATTEST:
By —
Ka e . Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto, Mayor