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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. 1 to tmnsm#puhUe . . or eommereial . . . . brwadeasi . , . . . 1 .• radio or television . , ,FAA . . p Mg.- J1,r,T1rV.T,TtJ.,4 PTALM IRK :: . ; 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 6,!! ;I&� Clint Herbst, Mayor ATTEST: Je, City Administrator VOTING IN FAVOR. pmraLtu / v VOTING IN OPPOSITION: 110'we-