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Ordinance 259CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.259 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE PERTAINING TO TOWERS AND ANTENNAS The City Council of the City of Chanhassen ordains: Section 1. Chapter 20 of the Chanhassen City Code is amended by adding Article XXX to read: ARTICLE XXX. TOWERS AND ANTENNAS Sec. 20-1500. Purpose and Intent. The purpose of this ordinance is to accommodate and provide a reasonable opportunity for the establishment of wireless telecommunications in the City. The City finds it necessary to adopt standards and regulations that promote the public health, safety, and general welfare, while minimizing the possible adverse effects of towers and antennas on nearby property. The Council IS finds that these regulations are necessary to: (1) Establish standards which permit a reasonable and equitable opportunity for the establishment of wireless telecommunication services in the City; (2) Ensure that towers and antennas are designed, constructed, installed, and maintained in a manner that does not adversely impact public safety; (3) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community, and; (4) Minimize adverse visual effects of towers through careful design and siting standards which attempt to screen and/or camouflage towers and antennas from adjacent public and private property. Sec.20-1501. Findings. The City of Chanhassen finds it necessary for the promotion and preservation of the public health, safety, welfare, and aesthetics of the community that the construction, location, size, and maintenance of wireless telecommunication facilities be controlled. Further, the City finds: 0 (1) Towers and antennas have a direct impact on, and a relationship to, the image of the • community; (2) The manner of installation, location, and maintenance of towers and antennas affects the public health, safety, welfare, and aesthetics of the community; (3) A reasonable opportunity for the establishment of wireless telecommunication must be provided to serve residential and business needs, and; (4) Uncontrolled and unlimited towers and antennas adversely impact the image and aesthetics of the community and, thereby, undermine economic value and growth. Sec. 20-1502. Building Permits. (1) It shall be unlawful for any person, firm, or corporation to erect, construct, replace, re -erect, or repair any tower without first making application for and securing a building permit as provided in this Title. (2) The applicant shall provide at the time of application for a building permit sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will be in compliance with applicable Uniform Building Code requirements. (3) Permits are not required for: a. Adjustment or replacement of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor. b. Antennas and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick-up operations, provided that the antennas or towers are not located on public right-of-way, and towers are protected against unauthorized climbing. Temporary antennas used for test purposes or broadcast remote pick-up operations shall be removed within 72 hours following installation. Sec. 20-1503. Height Restrictions (1) Height Determination. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground to the highest point of the tower, including all antennas or other attachments. (2) Except as provided in the following paragraph of this Section, maximum heights for towers are as follows: a. In all residential zoned property the maximum height of any tower, including all antennas • and other attachments, shall be eighty (80) feet. 2 • b. In all non-residential zoning districts, the maximum height of any tower, including all antennas and other attachments, shall not exceed a height of 150 feet. The City Council may allow towers up to 200 feet high if the applicant can demonstrate that based upon the topography of the site and surrounding areas, antenna design, surrounding tree cover and structures and/or through the use of screening, that off -site views of the tower will be minimized. Sec. 20-1504. Exceptions To Height Restrictions. The following are exceptions to the maximum height restrictions for towers: (1) Multi -Use Towers designed to accommodate more than one user may exceed the height limitations of this Section by up to twenty-five (25) feet. (2) Antenna devices over eighty (80) feet in height which are attached to an existing structure and not freestanding may be located in residential zoned districts under the following conditions: a. antennas are located upon existing or proposed structures allowed as principal or conditional uses in the underlying zoning district and/or upon public structures; • b. antennas are limited to a height of fifteen (15) feet projecting above the structure. The City Council may permit antenna heights of up to twenty-five (25) feet above the structure if the applicant can demonstrate that by a combination of antenna design, positioning of the structure and/or by screening erected or already in place on the property, that off -site views of the antenna are minimized to acceptable levels. • Sec.20-1505. Setbacks. Towers shall conform with each of the minimum setback requirements: (1) Towers shall meet the setbacks of the underlying zoning district with the exception of industrial and business zoned districts, where the tower may encroach into the rear setback area, provided that the rear property line abuts another industrial or business zoned district and the tower does not encroach upon any easements. (2) Towers shall maintain a minimum setback of ten (10) feet from all property lines. (3) For sites that are adjacent to parcels developed, guided, or zoned for residential use, setbacks shall be equal to the height of the tower. (4) Towers shall be set back from all planned public rights of way by a minimum distance equal to one half of the height of the tower including all antennas and attachments. 3 (5) Towers shall not be located between a principal structure and a public street. • (6) A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure, such as a church steeple, light pole, power line support device, or similar structure. (7) No tower, antenna, or accessory structure shall be located in a wetland or within the wetland setback. (8) In a residential district, the required setback from a property line for antennas and towers not rigidly attached to a building or structure, shall be equal to the height of the antenna and tower. Those antennas and towers rigidly attached to a building or structure, and whose base is on the ground, may reduce the required setback by the amount equal to the distance from the point of attachment to the ground. Sec. 20-1506. Towers In Residentially Zoned Districts. Towers to be located in residentially zoned areas are subject to the following restrictions: (1) Towers supporting amateur radio antennas shall conform to all applicable provisions of Section 20-915 of the City Code. • (2) Towers supporting commercial antennas and conforming to all applicable provisions of this Code shall be allowed in residential zoned districts in the following locations: a. Church sites, when camouflaged as an architectural feature such as steeples or bell towers. b. Park sites, when compatible with the nature of the park; and, c. Government, school, utility, and institutional sites. (3) Only one tower shall exist at any one time on any one residential parcel with the exception of towers designed to replicate an existing structure. Sec. 20-1507. Multiple Principal Uses And Structures On A Single Lot. For the purposes of this Division, one tower and multiple antennas shall be permitted on the same lot as another principal use or structure subject to the requirements of this Chapter. Sec. 20-1508. Construction Requirements. All antennas and towers erected, constructed, or located within the City shall comply with the following requirements: • (1) All applicable provisions of this Code. 2 • (2) Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association and all other applicable reviewing agencies. (3) With the exception of necessary electric and telephone service and connection lines approved by the City, no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line. (4) Towers and their antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code. (5) All towers shall be constructed to conform with the requirements of the Occupational Safety and Health Administration. (6) All towers shall be protected against unauthorized climbing. (7) Metal towers shall be constructed of, or treated with, corrosive resistant material (8) The applicant is responsible for receiving approvals from the Federal Aviation is authority Federal Communications Commission, and any appropriate state review authority stating that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations. Sec. 20-1509. Tower And Antenna Design. Proposed or modified towers and antennas shall meet the following design requirements: (1) Towers and antennas (including supporting cables and structures) shall be designed to blend into the surrounding environment through the use of color, camouflaging, and architectural treatments. Communication towers not requiring FAA or FCC painting/marking shall have either a galvanized finish or be painted a non -contrasting color consistent with the surrounding area, such as, blue, gray, brown, or black finish. (2) Commercial wireless telecommunication service towers shall be of a monopole design unless the City Council determines that an alternative design would better blend in to the surrounding environment. Sec. 20-1510. Co -Location Requirement. All personal wireless communication towers erected, constructed, or located within the City shall comply with the following requirements: 0 (1) A proposal for a new commercial wireless telecommunication service tower shall not be • approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building • within a one mile search radius (one-half mile search radius for towers under 120 feet in height, towers under eighty (80) feet are exempt from this requirement) of the proposed tower due to one or more of the following reasons: a. The planned equipment would exceed the structural capacity of the existing or approved tower or building as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. b. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and interference cannot be prevented at a reasonable cost. c. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. d. Other unforeseen reasons that make it unfeasible to locate the planned • telecommunications equipment upon an existing or approved tower or building. e. Existing or approved towers or buildings are not in the service area, or do not meet the needs of the user. Documentation shall be provided at the time of application clearly demonstrating why existing structures do not meet the needs of the user. (2) The applicant must demonstrate that a good faith effort to co -locate on existing towers and structures was made, but an agreement could not be reached. (3) Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. Sec.20-1511. Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower for camouflage purposes, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. • 2 . Sec. 20-1512. Signs And Advertising. No signage, 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. Sec. 20-1513. Accessory Utility Buildings. All utility buildings and structures accessory to a tower may not exceed one story in height and four hundred (400) square feet in size and shall be architecturally designed to blend in with the surrounding environment and meet the minimum setback requirements of the underlying zoning district. The use of compatible materials such as wood, brick, or stucco is required for associated support buildings. Equipment located on the roof of an existing building shall be screened from the public view with building materials identical to or compatible to existing materials. In no case shall wooden fencing be used as a rooftop equipment screen. Sec.20-1514. Landscaping. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non -vegetative screening better reflects and compliments the architectural character of the surrounding area. Removal of existing shrubs and trees shall be minimized through careful site selection and design. Landscaping shall comply with the standards provided • in Chapter 20, Article XXV of the City Code. Sec. 20-1515. Antennas Mounted On Roofs, Walls, And Existing Towers. The placement of wireless communication antennas on roofs, walls, and existing towers may be administratively approved by the City, provided that the antenna meets the requirements of this Code and the following: (1) The maximum height of an antenna shall not exceed fifteen (15) feet above the roof, and shall be setback at least ten (10) feet from the roof edge. (2) Wall or facade mounted antennas may not extend five (5) feet above the cornice line and must be constructed of a material or color which matches the exterior of the building or structure. See.20-1516. Application. In addition to the submittal requirements required elsewhere in this Code, an application for a Building Permit for antennas to be mounted on an existing structure shall be accompanied by the following information: (1) A site plan showing the location of the proposed antennas on the structure and documenting • that the request meets the requirement of this Code; 7 • (2) A building plan showing the construction of the antennas, the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this Code; (3) A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's ability to support the antennas; and (4) Compliance with FCC regulations is required to ensure there will be no interference with existing tenants or public safety telecommunication providers. Sec.20-1517. Appeals. An applicant may appeal an administrative decision under this Section to the City Council. Following review and recommendation by the Planning Commission, the City Council shall make a final determination on the application. Sec. 20-1518. Existing Antennas And Towers. Antennas and towers in residential districts and in existence as of the effective date of this Ordinance which do not conform to or comply with this Section are subject to the following provisions: • (1) Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this Chapter. (2) If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefore, but without otherwise complying with this Chapter, provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be fifty percent or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this chapter. Sec. 20-1519. Time Limit On Tower Completion. Once a tower is approved by the City, the tower must be substantially completed within one (1) year, including any structures accompanying the tower, following the date of permit. Sec. 20-1520. Abandoned Or Unused Towers Or Portions Of Towers. Abandoned or unused towers or portions of towers and accompanying accessory facilities shall be removed as follows: • (1) All abandoned or unused towers and associate 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. In the event that a tower is not removed within twelve (12) months of 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. (2) Unused portions of towers above a manufactured connection shall be removed within two years six months of the time of antenna relocation, if the unused portion exceeds twenty-five (25) percent of the height of the tower or thirty (30) feet, whichever is greater. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit. (3) After the facilities are removed, the site shall be restored to its original or an improved condition. Sec. 20-1520. Interference With Public Safety Telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be in compliance with FCC regulations. Sec. 20-1521. Additional Submittal Requirements. • In addition to the information required elsewhere in this code in an application for a Building Permit for towers and their antennas, applications for towers shall include the following supplemental information: (1) A report from a qualified and licensed professional engineer that provides the following: a. describes the tower height and design including a cross section and elevation; b. documents the height above grade for all potential mounting positions for co -located antennas and the minimum separation distances between antennas; c. describes the tower's capacity, including the number and type of antennas that it can accommodate; and d. demonstrates the tower's compliance with all applicable structural and electrical standards and includes an engineer's stamp and registration number; (2) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use and so long as there is no negative structural impact upon the tower, and there is no disruption to the service provided. E • Section 2. Section 20-1, Definitions, is amended to add the following definitions: Antenna is defined as, "Any structure of device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas." Commercial wireless telecommunication service is defined as, "Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public." Public Utility is defined as, "Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this ordinance, personal wireless service shall not be considered public utility uses, and are defined separately." Tower is defined as, "Any ground mounted pole, spire, structure, or combination thereof, including supporting lines cables, wires, braces, masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade." Tower, Multi -User is defined as, "A tower designed for the antennas of more than one • commercial wireless telecommunication service provider or governmental agency." Tower, Single -User, is defines as, "A tower designed for only the antennas of a single user." • Section 3. DIVISION 3. STANDARDS FOR AGRICULTURAL AND RESIDENTIAL DISTRICTS, Sec. 20-256. Commercial communication transmission towers is amended to read as follows: All towers and antennas must comply with Article XXX. tower-s not designed to eellapse pr-egressively shall be set bark f+om all pr-epel4y !in distanee equal to the height of the towen Section 4. DIVISION 4. STANDARDS FOR BUSINESS, OFFICE, INSTITUTIONAL AND INDUSTRIAL DISTRICTS, Sec. 20-287. Communication transmission towers is amended to read as follows: All towers and antennas must comply with Article XXX. distanee equal to the height of the towen Section 5. ARTICLE X. "A-2" AGRICULTURAL ESTATE, Sec. 20-574(7) Commercial communication transmission towers is deleted in its entirety. 10 Section 6. ARTICLE XXIL "IOP" INDUSTRIAL OFFICE PARK DISTRICT, Sec. is 20-814(2) Commercial communication transmission towers is deleted in its entirety. Section 7. ARTICLE X. "A-2" AGRICULTURAL ESTATE DISTRICT, Sec. 20- 572. Permitted uses. is amended to read: (9) Antennas as regulated by ArticleXXX of this Chapter Section 8. ARTICLE X. "A-2" AGRICULTURAL ESTATE DISTRICT, Sec. 20- 574. Conditional uses. is amended to read: (15) Towers as regulated by Article XXX of this Chapter Section 9. ARTICLE XI. RURAL RESIDENTIAL DISTRICT, Sec. 20-592. Permitted uses. is amended to read: (8) Antennas as regulated by Article XXX of this Chapter Section 10. ARTICLE XI. RURAL RESIDENTIAL DISTRICT, Sec. 20-594. Conditional uses. is amended to read: (5) Towers as regulated by Article XXX of this Chapter • Section 11. ARTICLE XII. "RSF" SINGLE-FAMILY RESIDENTIAL DISTRICT, Sec. 20-612. Permitted uses. is amended to read: • (7) Antennas as regulated by XXX of this Chapter Section 12. ARTICLE XII. "RSF" SINGLE-FAMILY RESIDENTIAL DISTRICT, Sec. 20-614. Conditional uses. is amended to read: (4) Towers as regulated by Article XXX of this Chapter Section 13. ARTICLE XIII "R-4" MIXED LOW DENSITY RESIDENTIAL DISTRICT, Sec. 20-632. Permitted uses. is amended to read: (8) Antennas as regulated by Article XXX of this Chapter Section 14. ARTICLE XIII "R-4" MIXED LOW DENSITY RESIDENTIAL DISTRICT, Sec. 20-634. Conditional uses. is amended to read: (5) Towers as regulated by Article XXX of this Chapter 11 Section 15. ARTICLE XIV. "R-8" MIXED MEDIUM DENSITY RESIDENTIAL • DISTRICT, Sec. 20-652. Permitted uses. is amended to read: (5) Antennas as regulated by Article XXX of this Chapter Section 16. ARTICLE XIV. "R-8" MIXED MEDIUM DENSITY RESIDENTIAL DISTRICT, Sec. 20-654. Conditional uses. is amended to read: (6) Towers as regulated by Article XXX of this Chapter Section 17. ARTICLE XV. HIGH DENSITY RESIDENTIAL DISTRICT DIVISION 1. "R-12" DISTRICT, Sec. 20-672. Permitted uses. is amended to read: (4) Antennas as regulated by Article XXX of this Chapter Section 18. ARTICLE XV. HIGH DENSITY RESIDENTIAL DISTRICT DIVISION 1. "R-12" DISTRICT, Sec. 20-674. Conditional uses. is amended to read: (8) Towers as regulated by Article XXX of this Chapter. Section 19. DIVISION 2. "R-16" DISTRICT, Sec. 20-681. Permitted uses. is amended to read: • (4) Antennas as regulated by Article XXX of this Chapter Section 20. DIVISION 2. "R-16" DISTRICT, Sec. 20-683. Conditional uses. is amended to read: (7) Commercial Towers and Antennas as regulated by Article XXX of this Chapter. Section 21. ARTICLE XVII. "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT, Sec. 20-712. Permitted uses. is amended to read: (22) Commercial Antennas as regulated by Article XXX of this Chapter. Section 22. ARTICLE XVII. `BH" HIGHWAY AND BUSINESS SERVICES DISTRICT, Sec. 20-714. Conditional uses. is amended to read: (10) Commercial Towers as regulated by Article XXX of this Chapter. Section 23. ARTICLE XX. `BF" FRINGE BUSINESS DISTRICT, Sec. 20-771.1. Permitted uses. is amended to read: • (5) Commercial Antennas as regulated by Article XXX of this Chapter. 12 • • • Section 24. ARTICLE XX. `BF" FRINGE BUSINESS DISTRICT, Sec. 20-773. Conditional uses. Is amended to read: (6) Commercial Towers as regulated by Article XXX of this Chapter. Section 25. ARTICLE XXI. "OI" OFFICE AND INSTITIUTIONAL DISTRICT, Sec. 20-792. Permitted uses. is amended to read: (15) Commercial Antennas as regulated by Article XXX of this Chapter. Section 26. ARTICLE XXI. "OI" OFFICE AND INSTITIUTIONAL DISTRICT Sec. 20-794. Conditional uses. is amended to read: (2) Commercial towers as regulated by Article XXX this Chapter. Section 27. ARTICLE XXIL "IOP" INDUSTRIAL OFFICE PARK DISTRICT, Sec. 20-812. Permitted uses. is amended to read: (13) Commercial Antennas as regulated by Article XXX of this Chapter. Section 28. ARTICLE XXII. "IOP" INDUSTRIAL OFFICE PARK DISTRICT, Sec. 20-814. Conditional uses. is amended to read: (15) Commercial Towers as regulated by Article XXX of this Chapter. Section 29 . This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 12th day of November, 1996. ATTEST: Don Ashworth, Cl anager NOW,, WNW Mayor (Published in the Chanhassen Villager on November 21, 1996.) 13 ORDINANCE SUMMARY NO.259 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NIINNESOTA AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE CONCERNING ARTICLE XXX, TOWERS AND ANTENNAS, AND ARTICLE I, DEFINITIONS An ordinance amending Chapter 20 of the Chanhassen City Code to provide standards for the construction and place- ment of commercial wireless towers, an- tennas, and related facilities in the A-2, RR, RSF, R-4, R-8, R-12, R-16, BH, BF; OI, and IOP Zoning Districts. Passed and adopted by the Chanhas- sen City Council this 12th day of Novem- ber, 1996. John Rask, Planner I 937-1900 ext. 117 (Published in the Chanhassen Villager on Thursday, November 21,1996; No. 2836) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No.. S , was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lowercase alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size f type used in the composition and publication of the Notice: abcdefghijklmnopgrs olfsrud, General Manager or his designated agent Subscribed and sworn before me on thiscZ/ of , 1996 s Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space ......... $11.00 per column inch Maximum rate allowed by law for the above matter......................................$11.00 per column inch Rate actually charged for the above matter...................................................$7.67 per column inch