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