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City Council Ordinance 291ORDINANCE AMENDMENT NO. 291 CITY OF MONTICELLO �40k WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 3-12 OF THE MONTICELLO ZONING ORDINANCE BY ESTABLISHING ANTENNA AND ANTENNA SUPPORT STRUCTURE REGULATIONS. Title 10, Chapter 2, Section 2-2, Item [EC] of the City Code is hereby amended to read as follows: [EC] ESSENTIAL SERVICES: Public or private utility systems for gas, electricity, steam, sewer and water; voice, television and digital communications systems; and, waste disposal and recycling services. Wireless radio frequency reception and transmission antennas and support structures shall not be considered an essential service. Title 10, Chapter 2, Section 2-2, Items [AI.1], [AI.2], [AI.3], [AIA], [AI.5], [AI.6], [SA.1] and [SP.1] are hereby added to the City Code to read as follows: [AI.11 ANTENNA: A device used for the transmission and/or reception of wireless communications, 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. [AI.21 ANTENNA, RADIO AND TELEVISION BROADCAST TRANSMISSION: An antenna used to transmit public or commercial broadcast radio or television programming. [AI.31 ANTENNA, PERSONAL WIRELESS COMMUNICATIONS SERVICE: An antenna used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services. [AI.41 ANTENNA, SATELLITE DISH: An antenna incorporating a reflective or conductive surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such an antenna is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based transmission or receiving systems. This definition shall include, but ANTORD4.NEW: 5/9/97 Page 1 not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas. [AI.5] ANTENNA, SHORT-WAVE RADIO: An antenna used for the transmission and reception of radio waves used for federally licensed short-wave radio communications. [AI.6] ANTENNA SUPPORT STRUCTURE: Any freestanding pole, telescoping mast, tower, tripod, or other structure which supports an antenna and is not a building or attached to a building or structure. [SA. 11 ACCESSORY USE: A use of land or of a building that is subordinate to a primary use, and not the primary use of the land or building. [SP. 11 STRUCTURE, PUBLIC: An building or edifice of any kind which is owned or rented, and operated by a federal, state, or local government agency. Title 10, Chapter 3, Section 12 of the City Code is hereby amended to read as follows: SECTION 3-12 COMMUNICATION ANTENNAS 3-12: COMMUNICATION ANTENNAS: [AA] Purpose. In order to accommodate the communication needs of the 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: 1. Provide for the appropriate location and development of antennas and antenna support structures to serve the residents and businesses within the city; 2. Minimize adverse visual effects of antenna support structures through careful design and siting standards; 3. Avoid potential structural failure of antenna support structures and possible resulting damage to adjacent properties through structural standards and setback requirements; and, 4. Maximize the use of existing and approved antenna support structures and buildings to accommodate new antennas in order to reduce the number of antenna support structures needed to serve the community. ANTORD4.NEW: 5/9/97 Page 2 [AB] Permitted Uses. Antenna support structures and antennas of all types, other than radio and television broadcast transmission antennas and personal wireless communications service antennas, are permitted accessory uses within all zoning districts provided that they meet the following conditions: 1. Location: Antennas shall be located on existing buildings and structures, if possible. Antennas located upon a public building or structure shall require the processing of an administrative permit issued in compliance with the procedures established by the City Council. Where an antenna support structure is used to support antennas, the installation of more than one (1) antenna support structure per property shall require the approval of a conditional use permit. 2. Yards: Minimum setback requirements for antennas and antenna support structures shall in all zoning districts be the same as those for permitted accessory buildings, uses and equipment (See Section 3-2 [DI). Antennas and antenna support structures shall not be located within a public or utility easement. 3. Height• a. Antenna Heights: Antennas shall not extend more than ten (10) feet above the highest part of the building or structure to which they are attached nor more than ten (10) feet above the highest roof elevation. b. Antenna Support Structure Heights: Except as permitted by conditional use permit, antenna support structures shall not exceed ten (10) feet in height above the maximum allowable building height for the zoning district in which the antenna support structure is located. 4. Security: Antenna support structures shall be constructed, fenced or secured in such a manner as to prevent unauthorized climbing. No barbed wire, razor ribbon or the like shall be used for this purpose. 5. Screening: Transmitting, receiving and switching equipment shall be housed within an existing structure or screened from view from any public street. ANTORD4.NEW: 5/9/97 Page 3 6. Neighboring Property Impact: Antennas and antenna support structures shall be designed and located such that in the event of structural failure, neither the antenna nor the antenna support structure will fall on adjoining property. 7. Design: The use of guyed antenna support structures is prohibited. The design and installation of new antenna support structures must utilize an open framework or monopole configuration. Permanent platforms or structures accessory to the antenna support structure or antenna that increase visibility are prohibited. No part of the antenna support structure shall exceed 500 square feet in horizontal area. 8. Color/Content: Antennas and antenna support structures shall be constructed of a corrosion resistant material or be painted a neutral color, and shall not be painted with scenes or contain letters or messages which qualify as a sign. 9. Illumination: Antennas and antenna support structures shall not be artificially illuminated unless required by law or by a governmental agency to protect public health and safety. 10. Compliance: Antennas, antenna support structures, electrical equipment and connections shall be designed, installed and operated in conformance with all applicable federal, state and local laws. [B] Conditional Uses. Antennas and antenna support structures, not qualifying as permitted accessory uses as provided in subdivision [A] 1 through 10 above, including but not limited to radio and television broadcast transmission antennas and personal wireless communications service antennas, are only permitted as conditional uses as provided by Chapter 22 of the Zoning Ordinance. Such antenna and antenna support structure installations that are subject to conditional use permits, must comply with all requirements for Permitted Uses as specified in [A] above, except as specifically provided below, and must meet the following additional conditions: 1. New antenna support structures allowed by conditional use permit and exceeding eighty (80) feet in height shall be designed so as to accommodate other users including but not limited to other personal wireless communications ANTORD4.NEW: 5/9/97 Page 4 service companies. The applicant shall demonstrated to the satisfaction of the City Council that opportunities will be made available for co -locating other antennas on the antenna support structure. 2. Satellite dish antennas of more than one (1) meter in diameter, but not larger than three (3) meters in diameter are allowed as conditional uses within residential zoning districts. Satellite dish antennas of more than one (1) meter in diameter and used for radio and television broadcast transmission are allowed as conditional uses only within the Industrial (I-1 and I-2) zoning districts and are not limited in size. 3. Antenna support structures for radio and television broadcast transmission antennas are allowed as conditional uses only within the Industrial (I-1 and I-2) zoning districts and shall not exceed one hundred sixty- five (165) feet in height. 4. Antenna support structures used in the federally licensed amateur radio service are allowed as conditional uses within all zoning districts and may extend a maximum of seventy (70) feet above grade. 5. Antenna support structures for personal wireless communication systems shall be allowed as conditional uses provided: a. Minimum spacing between personal wireless communications service antenna support structures shall be 1/4 mile. Based upon information provided by the applicant, the City Council may grant exceptions if the City Council determines that any one of the following reasons makes it impractical to locate the planned personal wireless communications service equipment upon an existing antenna support structure within 1/4 mile of the proposed site: 1. No existing building, structure or antenna support structure meets the structural or height requirements, or 2. No existing building, structure or antenna support structure meets the frequency reuse and spacing needs of the personal wireless communication system, or ANTORD4.NEW: 5/9/97 Page 5 3. The location of the proposed new antenna support structure is necessary as demonstrated by the applicant, who shall provide to the City Council evidence demonstrating that the planned equipment would cause interference, materially impacting the usability of other existing or planned equipment at the antenna support structure, and the interference cannot be prevented at a reasonable cost. b. All new antenna support structures for personal wireless communication system antennas shall be a single ground mounted metal, concrete or plastic composite (i.e. fiberglass, graphite fiber, etc.) pole. Such antenna support structures shall not exceed seventy-five (75) feet in height in Agricultural - Open Space (AO), Residential (R-1, R-2, R-3, R-4, and R -PUD ), Performance Zone (PZ -R and PZ - M) and Business (B-1, B-2, B-3, and B-4) zoning districts, and shall not exceed one hundred sixty- five (165) feet in height in Business Campus (BC) and Industrial (I-1 and I-2) zoning districts. [C] Severabili#,v. Every subdivision of this Section is declared severable from every other subdivision. If any subdivision is held to be invalid by competent authority, no other subdivision shall be invalidated by such action or decision. Where an applicant for conditional use permit demonstrates to the satisfaction of the Council that a subdivision of this Section interferes with specific rights granted under the laws of the Federal Communications Commission [FCC], that subdivision shall be waived; however, the City of Monticello reserves the right to otherwise regulate in order to mitigate negative impacts and accomplish the Purpose of this Ordinance. Adopted by the City Council this 12th day of May, 1997. Mayor /s/ City Administrator Published in the Times on 5/15/97. /s/ ANTORD4.NEW: 5/9/97 Page 6 ORDINANCE AMENDMENT NO. 291 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 3-12 OF THE MONTICELLO ZONING ORDINANCE BY ESTABLISHING ANTENNA AND ANTENNA SUPPORT STRUCTURE REGULATIONS. THE CITY OF MONTICELLO DOES ORDAIN: Title 10, Chapter 2, Section 2-2, Item [EC] of the City Code is hereby amended to read as follows: [EC] ESSENTIAL SERVICES: The crec Liuk.71011, afteration, or maintenance of undergroand or overhead Public or private utility systems for gas, cicetrica electricity, steam, sewer -oar an water; trannifission or distribation systzrns, coffcctiotr, voice. television and digital communications systems; atifities, Lf or other governmentat ,but no incinding,. and. waste disposal and recycling services. Wireless radio freQuency reception and transmission antennas and support structures shall not be considered an essential service. Title 10, Chapter 2, Section 2-2, Items [AI.1], [AI.2], [AI.3], [AI.4], [AI.5], [AI.6], [SA.1] and [SP.1] are hereby added to the City Code to read as follows: LAI. 11 ANTENNA: A device used for the transmission and/or reception of wireless communications, 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. JAI.21 ANTENNA. RADIO AND TELEVISION BROADCAST TRANSMISSION: An antenna used to transmit public or commercial broadcast radio or televi ion programming, JAI.31 ANTENNA. PERSONAL WIRELESS COMMUNICATIONS SERVICE: An antenna used for the transmission and reception of wireless communication radio r waves including cellular, personal communication service (PCS). enhanced specialized mobilized radio (ESMR), paging and similar services. LAI.41 ANTENNA, SATELLITE DISH: An antenna incorporating a reflective or conductive surface that is solid, open mesh. or bar configured and is in the shape of ashallow dish, cone horn, or cornucopia Such an antenna is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based ANTNORD4.FRM: 5/9/97 Page 1 transmission or receiving systems This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations. TVROs (television, receive only) and satellite microwave antennas. LAI.51 ANTENNA. SHORT-WAVE RADIO: An antenna used for the transmission and reception of radio waves used for federally licensed short-wave radio communications. AI ANTENNA SUPPORT STRUCTURE: Any freestanding pole, telescoping mast. tower. tripod, or other structure which supports an antenna and is not a building or attached to a building or structure. [SA. 11 ACCESSORY USE: A use of land or of a building that is subordinate to a primary_ use. and not the primary use of the land or buildings [SP.11 STRUCTURE, PUBLIC: An building or edifice of any kind which is owned or rented and operated by a federal, state. or local government agency. Title 10, Chapter 3, Section 12 of the City Code is hereby amended to read as follows: SECTION 3-12 COMMUNICATION ANTENNAS 3-12: COMMUNICATION ANTENNAS: [AA] Purpose: In order to accommodate the communication needs of the 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: 1 Provide for the appropriate location and development of antennas and antenna support structures to serve the residents and businesses within the city, 2 Minimize adverse visual effects of antenna support structures through careful design and siting standards: Avoid potential structural failure of antenna support structures and possible resulting damage to adjacent properties through structural standards and setback requirements: and, 4 Maximize the use of existing and approved antenna support structures and buildings to accommodate new antennas in order to reduce the number of antenna support structures needed to serve the community, ANTNORD4.FRM: 5/9/97 Page 2 [AB] Permitted Uses. Antenna support structures and antennas of all types, other than radio and television broadcast transmission antennas and personal wireless communications service antennas, antennas; radio, antennas and other such Catto! are permitted accessory uses within all zoning districts provided that they meet the following conditions: 1 Location: Antennas shall be located on existing buildings and structures, if possible. Antennas located upon a public building or structure shall require the processing of an administrative permit issued in compliance with the procedures established by the City Council, Where an antenna support structure is used to support antennas, the installation of more than one (1) antenna support structure per property shall rewire the approval of a conditional use permit. 2. Yards: The conniiaification devic Minimum setback requirements for antennas and antenna support structures shall in all zoning districts be the same as those for permitted accessory buildings. uses and equipment (See Section 3-2 [Dl , side yard, U1 ally mde yard abuffing a street.eo tion devi shaft be located five (5) f�et or morc froin rear lot tines Antennas and antenna support structures shall not be located within a public or utility easement. ANTNORD4.FRM: 5/9/97 Page 3 I Height: Antenna Heights: Antennas shall not extend more than ten (10) feet above the highest part of the building or structure to which they are attached nor more than ten (10) feet above the highest roof elevation. Antenna Support Structure Heights: Except as permitted by conditional use permit, antenna support structures shall not exceed ten ( 10) feet in height above the maximum allowable building_ height for the zoning district in which the antenna support structure is located. 4 Security: Antenna support structures shall be constructed. fenced or secured in such a manner as to prevent unauthorized climbing. No barbed wire. razor ribbon or the like shall be used for this purpose, Screening: Transmitting. receiving and switching equipment shall be housed within an existing structure or screened from view from any public street. b. Neighboring Property Impact: fn cases wherc no buitding required, L' - - - affication device shaft be so focated that in thc --*Antennas and antenna support structures shall be designed and located such that in the event of structural failure, neither the antenna nor the antenna support structure will fall on adjoining property. Design: The use of guyed antenna support structures is prohibited. The design and installation of new antenna support structures must utilize an open framework or monopole configuration. Permanent platforms or structures accessory to the antenna support structure or antenna that increase visibility are prohibited. No part of the antenna import structure shall exceed 500 square feet in horizontal area. . 1 i •LIE I1 - •1 •- 1 : • -i 1 i � : : 11 X1.1 .1 ! 1 • 1 :•• : ! : • ANTNORD4.FRM: 5/9/97 Page 4 8. Color/Content: Antennas and antenna support structures shall be constructed of a corrosion re i tant material or be painted a neutral color, and shall not be painted with scenes or contain letters or messages which qualify as a sign. Illumination: antennas Antennas and antenna support structures shall not be artificially illuminated unless required by law or by a governmental agency to protect public health and safety, use within residential 10. Compliance: Antennas antenna support structures, electrical equipment and connections shall be designed installed and operated in conformance with all applicable federal, state and local laws. [B] Conditional devices not qualifying as a permittcd accessory ase may be affovved throtrgh Antennas and antenna upport structures support structures not qualifying permitted accessory us„ es as provided in subdivision [A] 1 through 10 above, including but not limited to radio and television broadcast transmission antennas and personal wireless communications service antennas, are only permitted as conditional uses as provided by Chapter 22 of the Zoning Ordinance. Such antenna and antenna support structure installations that are subject to conditional use permits, must co=-Iy with all requirements for Permitted Uses as specified in [A] above, except as specifically provided below, and must meet the following additional conditions: 1 New antenna support structures allowed by conditional use permit and exceeding eight (80) feet in height shall be designed so as to accommodate other users including but not limited to otherep rsonal wireless communications service companies. The applicant shall demonstrate to the satisfaction of the City Council that opportunities will be made available for co -locating other antennas on the antenna support structure. 2 Satellite dish antennas of more than one (1) meter in diameter, but not larger than three (3) meters in diameter are allowed as conditional use within residential zoning districts. Satellite dish antennas of more than one (1) meter in diameter and used for radio and televi ion broadcast transmission are allowed as conditional uses only within the Industrial (I-1 and I-2) zoning districts and are not limited in size. ANTNORD4.FRM: 5/9/97 Page 5 Antenna support structures for radio and television broadcast transmission antennas are allowed as conditional uses only within the Industrial (I-1 and I-2) zoning districts and shall not exceed one hundred sixty-five ,1651 feet in height. 4 Antenna support structures used in the federally licensed amateur radio service are allowed as conditional uses within all zoning districts and may extend a maximum of seventy (70) feet above grade. Antenna support structures for personal wireless communication systems shall be allowed as conditional uses provided: Minimum spacing between personal wireless communications service antenna support structures shall be 1/4 mile. Based upon information provided by thea applicant, the Cit Council may grant exceptions if the City Council determines that any one of the following reasons makes it impractical to locate the planned personal wireless communications service eauipment upon an existing antenna support structure within 1/4 mile of the proposed si 1 No existing building, structure or antenna support structure meets the structural or height requirements, or 2 No existinguiildii ig, structure or antenna support structure meets the frequency reuse and spacing. needs of the personal wireless communication system. or The location of the proposed new antenna support structure is necessary as demonstrated by the applicant. who shall provide to the City Council evidence demonstrating that the planned equipment would cause interference, materially impacting_ the usability of other existing or planned equipment at the antenna support structure and the interference cannot be prevented at a reasonable cost. All new antenna support structures for personal wireless communication system antennas shall be a single ground mounted metal. concrete or plastic composite (i.e. fiberglass, graphite fiber, etc.) pole, Such antenna support structures shall not exceed seventy-five (75) feet in height in Agricultural -Open Space AO)., Residential (R-1, R-2, R-3. R-4, and R -PUD). Performance Zone (PZ -R and PZ -M) and ANTNORD4.FRM: 5/9/97 Page 6 Business (B-1 yB-2. B-3, and B-4) zoning districts, and shall not exceed one hundred sixty-five(165) feet in height in Business Campus (BQ and Industrial (I-1 and I-2) zoning districts. LU Severability. Every subdivision of this Section is declared severable from every other subdivision. If any subdivision is held to be invalid by competent authority, no other subdivision shall be invalidated by such action or decision. Where an applicant for conditional use permit demonstrates to the satisfaction of the Council that a subdivision of this Section interferes with specific rights granted under the laws of the Federal Communications Commission [FCC], that subdivision shall be waived; however. the City of Monticello reserves the right to otherwise regulate in order to mitigate negative impacts and accomplish the Purpose of this Ordinance This Ordinance shall become effective irmediately upon its passage and publication according to law. ADOPTED by the Monticello City Council this 12th day of May, 1997. Mayor ATTEST: 4�pw� City Administratof ANTNORD4.FRM: 5/9/97 Page 7