City Council Ordinance 536ORDINANCE NO. 536
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 — MONTICELLO ZONING
ORDINANCE OF THE MONTICELLO CITY CODE RELATED TO SECTION
4.13 — TELECOMMUNICATION TOWERS AND ANTENNAE
THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS:
Section 1. Section 4.13 — Telecommunication Towers and Antennas, Title 10 - Zoning
Ordinance is hereby deleted and replaced with the following section:
4.13 Telecommunication Towers and Antennae
Purpose. The City of Monticello acknowledges the legal right of telecommunication providers to
locate within the City, and the need to accommodate the communication needs of residents and
businesses. However, the City wishes to implement its legal authority to adopt zoning requirements
which are nondiscriminatory, not intended to prohibit telecommunications service, and not based on
health effects of radio frequency emissions. In order to establish uniform, nondiscriminatory
regulations that protect the public health, safety and general welfare of the City, these regulations are
intended to:
(1) Minimize adverse visual effects of towers through careful design, landscaping, and siting
standards.
(2) Avoid potential damage to adjacent properties from tower failure and weather related
occurrences through structural standards and setback requirements;
(3) Maximize the use of existing and approved towers and buildings to accommodate new
telecommunication antennas in order to reduce the number of towers needed to serve the
community;
(4) Utilize business, industrial and public land, buildings and structures for telecommunications
whenever possible and/or appropriate;
(5) Provide for the appropriate location and development of towers and antennas to accommodate
the communication needs of the residents and businesses within the City of Monticello;
(A) Private Amateur Radio.
Private Amateur Radio, for the purposes of this Ordinance, shall mean equipment, including
antennae, antennae support structures, and other related material, necessary to conduct Ham
and Short Wave Radio reception and transmissions, only for use by those persons properly
licensed by the Federal Communications Commission for such reception and transmissions, and
who are in full compliance with all licensing requirements.
(1) One (1) antenna and associated antenna support structure shall be a permitted accessory
use in all zoning districts, provided that:
(a) The owner/operator has current versions of all required licenses to operate said
equipment.
(b) All equipment shall be installed in accordance with manufacturer's specifications,
and pursuant to valid building and electrical permits, and any other applicable permit
requirements.
ORDINANCE NO. 536
(c) Subject to CUP provisions in Section (A)(1)(d) of this chapter, no antenna or antenna
support structure shall exceed the allowable height limits of the applicable zoning
district in which it is located, plus twenty (20) feet.
(d) By Conditional Use Permit, the height provisions of Section (A)(1)(c) of this chapter
may be exceeded, up to a maximum height of seventy (70) feet, upon a showing that
the additional height is necessary for proper function of the equipment due to
interference from terrain, vegetation, or adjoining buildings. Any such additional
height shall require a setback from all property lines of no less than one-half (1/2)
foot for every one (1) foot above the limits established in (A)(1)(c).
(e) Except as allowed by Section (A)(1)(f) of this chapter, no freestanding antenna or
antenna support structure shall be located within any required yard other than the rear
yard of any parcel.
(f) An antenna and its support structure may be located within the buildable area of a lot
if mounted directly to the principal structure.
(2) Any private amateur radio antenna or antenna support structure which is no longer in use,
or for which the owner of property no longer has valid licenses, or which has fallen into
disrepair to the extent that it can no longer serve its intended purpose, or which
constitutes a hazard or nuisance, shall be considered a violation of the zoning ordinance,
and shall be removed.
(B) Private Receiving Antennae and Antenna Support Structures.
Private Receiving Antennae and Antenna Support Structures, for the purposes of this ordinance,
shall mean television and other electronic reception antennae for private use.
(1) Private antennae less than three (3) meters in width and related support structures shall be
a permitted accessory use in all zoning districts, provided that:
(a) No antenna or antenna support structure shall exceed the allowable height limits of
the applicable zoning district in which it is located, plus twenty (20) feet.
(b) No freestanding antenna or antenna support structure shall be located within any
required yard other than the rear yard of any parcel.
(c) An antenna and its support structure may be located within the buildable area of a lot
if mounted directly to the principal structure.
(2) Any private antenna or antenna support structure which is no longer in use, or which has
fallen into disrepair to the extent that it can no longer serve its intended purpose, or which
constitutes a hazard or nuisance, shall be considered a violation of the zoning ordinance,
and shall be removed.
(C) Commercial Transmission/Reception Antennae and Antenna Support Structures
Commercial Transmission and Reception Antennae and Antenna Support Structures, for the
purposes of this ordinance, shall mean commercial and industrial communications equipment
accessory to business operations of one meter in width or greater, but not personal wireless
telecommunications service equipment.
(1) Commercial transmission/reception antennae and antenna support structures shall be
allowed as accessory uses only by Conditional Use Permit following the provisions of
Section 2.4(D) of the zoning ordinance, and shall comply with the following additional
requirements:
ORDINANCE NO. 536
(a) Antennae and antenna support structures for commercial transmission/reception shall
not occupy the front yard of any parcel.
(b) Antennae and antenna support structures allowed under this section shall be fully
screened from adjoining residentially zoned parcels.
(c) Antennae and antenna support structures allowed under this section shall be fully
screened from adjoining public right of way.
(d) Antennae and antenna support structures allowed under this section shall be fully
screened from adjoining commercially -zoned property, that is, any parcel with a `B"
zoning designation.
(e) Antennae and antenna support structures allowed under this section shall meet all
other zoning conditions related to the location of mechanical equipment, whether
ground or roof -top mounted.
(D) Wireless Telecommunications Service Antennae and Antenna Support Structures
Wireless telecommunications service antennae and antenna support structures, for the purposes
of this ordinance, shall mean any equipment necessary to provide or support all types of
wireless electronic communications, including, but not necessarily limited to, wireless
"cellular" telephone, radio, and internet transmission and reception communications between
mobile communications providers and users, including public safety communications.
(1) Wireless Telecommunications Service Antennae
(a) Co -location of antennae for personal wireless services shall be a conditional use in all
zoning districts on any conforming antenna support structure.
(2) Wireless Telecommunications Service Antennae Support Structures
(a) Support structures for personal wireless service antennae shall be allowed as an
accessory use only by conditional use permit, subject to the following provisions:
(i) Antenna support structures for personal wireless services shall be no greater in
height than the maximum height requirements of the zoning district in which
the antenna support structure is located, unless otherwise allowed within this
section.
(ii) Antenna support structures for personal wireless services "A -O" zoning
district, all residential zoning districts and the "B-1" zoning district shall be
required to be attached to, or mounted upon, the principal building, and shall
match said building in color and other design features so as to minimize
visibility.
(iii) Antenna support structures for personal wireless services in the "B-2", 44B-3"
and "B-4" zoning district shall be limited in height to seventy five (75) feet as
measured from the natural grade at the location of the structure.
(iv) Antenna support structures for personal wireless services in the "I", Industrial
districts shall be limited in height to one hundred fifty (150) feet as measured
from the natural grade at the location of the structure.
(v) Any antenna support structure shall be designed to accommodate the co -
location of other antenna arrays.
(vi) Any freestanding antenna support structure shall be of monopole design.
(vii) All freestanding antenna support structures for personal wireless services shall
be painted a galvanized light -grey color.
(E) General provisions for wireless telecommunications service antennae and antenna support
structures.
ORDINANCE NO. 536
(1) No new freestanding antenna support structure shall be located within one (1) mile of any
existing freestanding antenna support structure.
(2) No new freestanding antenna support structure shall be approved when there exists a co -
location opportunity within one-half (1/2) mile of the proposed structure location.
(3) Prerequisite. A proposal for a new telecommunications tower shall not be approved
unless it can be documented by the applicant to the satisfaction of the City that the
telecommunications equipment planned for the proposed tower cannot be accommodated
on an existing or approved tower or structure within a one (1) mile radius of the proposed
tower—transcending all municipal boundaries—due to one or more of the following
reasons:
(a) The planned equipment would exceed the structural capacity of an existing or
approved tower or building, as documented by a licensed professional engineer, and
any existing or approved tower or structure cannot be reinforced, modified, or
replaced to accommodate planned or equivalent equipment at a reasonable cost.
(b) The planned equipment would cause interference with other existing or planned
equipment at the tower or structure.
(c) Existing or approved towers and structures within a one (1) mile radius cannot
accommodate the planned equipment at a height necessary for reasonable function.
(d) The applicant has demonstrated that location of the antennas, as proposed is
necessary to provide adequate coverage and capacity to areas which cannot be
adequately served by locating the antennas in a less restrictive district or an existing
structure. Information provided as part of the capacity analysis, that is a trade secret,
pursuant to Minnesota Statute 13.37, shall be classified as non-public data.
(e) Other unforeseen reasons that make it unfeasible to locate the telecommunications
equipment upon an existing or approved tower or building.
(4) Siting Provisions
(a) Antennae shall be located on existing buildings and structures whenever possible.
(b) No part of any antenna or antenna support structure, nor any appurtenances to such
structure or antenna, shall extend over any public right of way or property line, nor be
located within an public utility or drainage easement.
(c) Antenna support structures shall be designed to replicate materials and colors of
similar structures in the area, such as lighting or utility poles.
(5) Setbacks
(a) In all zoning districts, the antenna support structure and any appurtenant structures
shall comply with the minimum setback requirements of the district in which the
proposed structure is to be located, or the distance determined as the fall zone of the
structure by a licensed professional engineer, whichever is greater.
(b) In all Zoning Districts, no freestanding antenna support structure shall be located
within two hundred fifty (250) feet of an existing residence, or the proposed home
location on an approved Preliminary Plat.
(c) All antenna support structures shall be located in the rear yard of parcel whenever
practical.
(6) Design and Construction
ORDINANCE NO. 536
(a) No advertising or identification of any kind intended to be visible from the ground or
other structures is permitted, except applicable warning and equipment information
signage required by the manufacturer or by federal, state, or local authorities.
(b) All antennae, antenna support structures, and accessory structures shall be in
compliance with all City and State Building Codes, as applicable, and shall obtain all
necessary permits.
(c) Structure design, mounting and installation of the antenna and antenna support
structure shall be in compliance with the manufacture's specifications, and
installation plans shall be approved and certified by a licensed professional engineer.
(d) Antenna support structures and antennae shall be grounded for protection against a
direct strike by lightning and shall comply, as to electrical wiring and connections,
with all applicable provisions of all State codes.
(e) All transmitting, receiving and switching equipment shall be housed within a
structure or cabinet whenever possible, and shall adhere to the following:
(i) If a new tower accessory building is necessary to house such equipment, it shall
be architecturally designed to blend in with the surrounding environment, and
shall be screened from view by landscaping as deemed necessary by the City
Council.
(ii) Accessory equipment associated with a rooftop antenna, satellite dishes, or wall
antenna shall be located within the building, cabinet, or within a roof or ground
enclosure which is constructed of materials and color scheme compatible with
the principal building.
(iii) All transmitting, receiving and switching equipment shall be housed within a
structure or cabinet. Such structure shall be architecturally designed to blend in
with the surrounding environment, and shall be screened from view by
landscaping consistent with the screening and landscaping requirements of the
Monticello Zoning Ordinance.
(iv) Antenna support structures located within 1000' feet of the FiberNet
Monticello Co -Location Building shall be required to locate all transmitting,
receiving and switching equipment within the FiberNet Monticello Co -
Location.
(7) Lights and Attachments
(a) No antenna or antenna support structure shall have lights, reflectors or other
illuminating devices of any kind, unless required by a Federal or State regulatory
authority.
(b) Lights attached to antenna support structures may be approved by the City Council as
a part of a Conditional Use Permit when such lights are used to illuminate a parking
lot or other use on the ground, provided such lights meet the exterior lighting
requirements of the Monticello Zoning Ordinance.
(8) Site Landscaping
(a) The site on which an antenna or antenna support structure is located shall be
landscaped to control dust, weeds, drainage, and to improve aesthetics of the
property.
(9) Non -Interference
(a) No antenna installation shall transmit signals in a way that causes interference with
any other electronic device.
ORDINANCE NO. 536
(F) Application process and submittal requirements for wireless telecommunications service
antenna support structures
(1) Submittal Requirements. All applications for a Conditional Use Permit for any antenna
or antenna support structure shall be accompanied by the following materials:
(a) Documentation, in the form of a signed lease or other adequate proof of property
interest, demonstrating that the applicant has authority to seek the requested permit
from the owner or owners of the parcel in question.
(b) A statement describing the proposed project, together with written justification
supporting the proposed installation.
(c) Proof of insurance against injury or property damage caused by structural failure of
any element of the installation.
(d) The legal description of the property on which the improvements are to be located.
(e) A certified survey of the property showing all existing conditions, along with the
proposed improvements.
(f) A coverage study prepared by a Radio Frequency Engineer showing alternative
antenna support structure locations, co -location options, and whether such
alternatives can accommodate the proposed antenna with reasonable coverage,
including any known approved but unconstructed locations. Such plan shall include
all existing towers, buildings, and other possible support structures.
(g) A landscaping and screening plan.
(h) A grading and drainage plan.
(i) Architectural drawings of all appurtenant structures planned for the site.
(j) A decommissioning plan outlining the means, process, and anticipated costs of
removing all improvements at the end of their service life, or upon discontinued use.
(k) A security acceptable to the City adequate to ensure safe removal of all
improvements upon decommissioning.
(1) A development agreement specifying the terms of the Conditional Use Permit,
including improvements, decommissioning, financial security, and other elements.
(m) Other information specified by the Community Development Director and/or City
Council necessary to support the application and permit adequate municipal review
of the request.
(G) Outside Review. At the request of the Community Development Director, the City may seek
and obtain the advice of outside experts to review technical materials submitted by the
applicants, including the advice of structural experts, radio frequency engineers, or for any
other related area of analysis. The applicant shall submit an escrow to cover the costs of such
expertise.
(H) Removal of Abandoned or Unused Antennae, Antenna Support Structures, or Other
Appurtenant Elements. Any tower and/or antenna which is not used for six (6) successive
months shall be deemed abandoned and may be required to be removed from the property. All
abandoned or unused towers and associated facilities shall be removed within twelve (12)
months of the cessation of operations at the site unless a time extension is approved by the City
Council. After the facilities are removed, the site shall be restored to its original or an
improved state. If a tower is not removed within twelve (12) months after the cessation of
operations at a site, the tower and associated facilities may be removed by the City and the
costs of removal assessed against the property. The owner of the tower and the owner of the
property are both responsible for removal of the tower as required by this Section.
ORDINANCE NO. 536
Section 2. Section 5.3 — Accessory Use Standards, Title 10 — Zoning Ordinance is hereby
amended as follows:
Section 5.3 (C) - Table 5-4 shall be amended with the following additions and subtractions:
(3) Table of Permitted Accessory Uses and Structures
Private Receiving Antennae and P P P P P P P P P P P P P P P 4.13(6)
Antenna Support Structures
Commercial Transmission/^^
Antennae/Structures C C C C C� C 4.13 C
Reception
Co -located Wireless C C C C C C C C C C C C C C C 4.13(Dl
Telecommunications Antennae —
Wireless Telecommunications C C C C C C C 4.130)
Support Structures ( 4.13(E)
Communication Antennas and
f T�
c. tell.,. Dish a.,..,,nn P- p- R R R p- P p- R R P- P- P- R -
Section 3. Section 8.4 — Definitions, Title 10 — Zoning Ordinance is hereby amended as shown
in bold and italics:
ANTENNA, TELECOMMUNICATION: A device used for the transmission and/or reception of
wireless communications, usually arranged on an antenna support structure or building, and
consisting of a wire, a set of wires, or electromagnetically reflective or conductive rods, elements,
arrays, or surfaces, inclusive of the followine:
ANTENNA, PRIVATE AMATEUR RADIO: Shall mean equipment, includine antennae,
antennae support structures, and other related material, necessary to conduct Ham and Short
Wave Radio reception and transmissions, only for use by those persons properly licensed by the
Federal Communications Commission for such reception and transmissions, and who are in,
full compliance with all licensine requirements.
ANTENNA, PRIVATE RECEIVING: shall mean television and other electronic reception
antennae for private use.
ANTENNA, COMMERCIAL TRANSMISSIONAND RECEPTION: Shall mean commercial
and industrial communications equipment accessory to business operations of one meter in
width or greater, but not personal wireless telecommunications service equipment.
ORDINANCE NO. 536
ANTENNA. WIRELESS TELECOMMUNICATIONS SERVICE: Shall mean anv equipment
necessary to provide or support all types of wireless electronic communications, includine, but
not necessarily limited to. wireless "cellular" telephone, radio, and internet transmission and
reception communications between mobile communications providers and users, including
public safety communications.
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ANTENNA SUPPORT STRUCTURE: AnyfreestandMg pole, telescoping mast, tower, tripod,
or other structure which supports an antenna
struetit Such structure may be freestandine or attached to a buildinz or other device that
conforms to this ordinance.
Section 4. This Ordinance shall take effect and be in full force from and after its passage and
publication. Revisions will be made online after adoption by Council. Copies of the
complete Zoning Ordinance are available online and at Monticello City Hall.
ORDINANCE NO. 536
ADOPTED BY the Monticello City Council this 12th day of September, 2011.
CITY OF MONTICELLO
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Clint Herbst, Mayor
ATTEST:
Je, City Administrator
VOTING IN FAVOR. pmraLtu
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VOTING IN OPPOSITION: 110'we-