6. Zoning Ordinance Amendment: Antennas & Towers.r
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MEMORANDUM
CITY OF L
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Actlffl N Clty Administrator
TO: Don Ashworth, City Manager
Endorsed '� 7(��
Modified
Rejected
Date 6- b
Date Submitted to Commission
FROM: John Rask, Planner I Date s:,6 n : + to 6%urcil
1 __ I ° 2 8 -y b
DATE: October 22, 1996
SUBJ: Draft Ordinance Pertaining to Telecommunication Towers and Facilities
INTRODUCTION
Attached is a draft ordinance pertaining to telecommunication towers and facilities as
recommended by the Planning Commission. The Planning Commission reviewed the ordinance
on two separate occasions, and made modifications to the original draft ordinance prepared by
Staff.
The ordinance provides standards and district requirements for the placement of towers and
antennas. As proposed, towers would be allowed in the IOP, OI, BH, RSF, RR, R -4, R -8, R -12,
R -16, and A -2 zoning districts. Towers and antennas in areas developed, guided, or zoned
residential are limited to church, park, government, school, utility, and institutional sites subject
to approval of a conditional use permit. The placement of antennas on existing structures would
be a permitted use in the IOP, BH, OI, BF and the residential zoning districts subject to the
standards provided in the draft ordinance. Tower construction would require a conditional use
permit in all zoning districts, with the exception of the CBD and BG districts where they would
be prohibited.
The draft ordinance requires wireless telecommunication providers to search for available space
on an existing tower or building. An existing tower must be utilized if it meets certain conditions
as outlined in the draft ordinance. Any new tower must be designed to accommodate both the
applicant's antennas and comparable antennas for at least one additional user. Other
communities in the metro area have co- location requirements which state that new towers must
' provide additional space for at least two additional users. Staff is concerned that requiring space
for two additional users may result in the overbuilding towers. If tower space goes unused, it not
only increases the cost to the provider, but will result in a larger more visually obtrusive tower.
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Draft Ordinance - Towers and Antennas
October 22, 1996
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Co- location requirements have their advantages and disadvantages. The advantages are that
potentially you can reduce the number of towers within the city. By way of example, staff has
been contacted by two providers who are looking to construct towers on two separate parcels
immediately adjacent to each other. Co- location may provide the impetus for the construction of
a single tower to meet both providers need. Additional benefits include cost savings associated
with erecting a single tower, or the benefits of leasing space for a future antennae. Disadvantages
to co- location include technical factors such as: a tower or building's structural capacity, radio
frequency interference, mechanical or electrical incompatibilities, and technological differences
among providers.
Staff is of the opinion that with the likely proliferation of towers in the city, a co- location
requirement is necessary to protect the aesthetic environment of the city. Other cities have
developed incentives rather than mandating co- location. These cities, however, have numerous
tall buildings or structures in which antennas could be located. The City of Chanhassen does not
have any buildings over three stories or forty feet in height, nor do we allow them in any zoning
district. Therefore, it appears that towers may be the only option in a number of areas throughout
the city.
BACKGROUND
In March 1995, the Federal Communication Commission (FCC) began to auction off 1,900
megahertz (MHz) band of the radio spectrum to new license holders. The country was originally
divided into 51 major trading areas with two licenses awarded in each. For this area, those
licenses were purchased by Sprint Spectrum and American Portable Telecomm (APT). In May
of this year, the FCC sold an additional license in each region and may sell even more in the
future. This additional license was purchased by OneComm, who purchased Motorola's
Specialized Mobilized Radio (SMR) licenses to attach their enhanced system (ESMR) to the land
line telephone network. These licenses have been sold to provide the next generation digital
wireless services commonly referred to as PCS (Personal Communication Services). Airtouch
(formally US West New Vector Group) and AT &T Wireless (formally Cellular One) are two
licensed providers who currently provide cellular services in the area.
Technology
PCS technology is sometimes referred to as "follow -me calling" where calls are routed to a
person rather than a specific phone number, similar to a personal pager. PCS will utilize a digital
interfacing equipment which will allow for the transmission of computer data, fax, video, etc.
using wireless technology. Traditional "cellular" providers are in the process of converting from
an analog to a digital technology, which will allow for expanded use and a higher degree of
clarity.
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Draft Ordinance - Towers and Antennas
October 22, 1996
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It should be emphasized that although the technologies discussed in this report currently function
in slightly different manners, they will offer similar services in the future. In fact, all of these
technologies are based on systems composed of interconnecting cell sites. With this common
cell site base, it is predicted that as these technologies evolve, they will become more and more
similar. For example, a transition to smaller cell sites and the use of more antennas per square
mile are expected.
Both cellular and PCS technologies rely on the use of antennas and low powered radio waves to
transmit. The use of radio waves for transmission is referred to as a "line of sight" signal, which
means that there must be a clear pathway through the air between the transmitting and receiving
antennas. The density of these antennas depends on topographic conditions and the number of
users. Each cell site can process a limited number of calls.
Wireless communications are transmitted through the air via radio waves of various frequencies.
Radio frequency radiation (RFR) is one of several types of electromagnetic radiation. Cellular
and ESMR operate at frequencies between 800 and 900 MHz, and PCS operates at both 900
MHz as well as between 1,850 and 2,200 MHz.
The technologies described in this report function similarly in that they are composed of
interconnecting "cell sites," or geographical areas that blanket a region. In this sense, all three
technologies are "cellular technologies," although mobile cellular phones are frequently referred
to as the "cellular" technology because they pioneered the concept.
As more people begin to demand wireless communications services, wireless systems will
require additional capacity to handle calls. This additional calling capacity can be acquired in
one of various ways: providers can increase the number of their cell sites, use digital versus
analog technology, or a combination of these methods. As cell sites increase, the area of each
site is reduced in order to avoid overlapping coverage.
Each cell site within the system contains both transmitting and receiving antennas. Calls placed
from a wireless phone or device are sent to a central computer switching system. The central
switch completes the call by connecting it either to a conventional telephone through a land -
based line, or to another mobile phone through the nearest antenna. As the mobile caller enters
one cell and exits another, the call is transferred between the cells.
Federal Telecommunications Act
On January 31, 1996, Congress passed the Telecommunication Reform Act of 1996 which
opened additional portions of the radio spectrum for PCS licenses. The cellular industry lobbied
hard for federal preemption of local siting powers. Language was originally included in the Act
Draft Ordinance - Towers and Antennas
October 22, 1996
Page 4
which prohibited cities from regulating telecommunication facilities, but was removed shortly
before passage. However, the Act contains language which limits the extent in which local
governments can regulate telecommunications towers. Section 704 (Facilities Siting; Radio
Frequency Emission Standards) prevents local zoning authorities from arbitrarily banning
telecommunication towers. The Act reads as follows, "Except as provided (Herein), nothing in
this act shall limit or affect the authority of a State or local government or instrumentality
thereof over decisions regarding the placement, construction, and modification of personal
wireless service facilities. " The Act basically places three limitations on local zoning controls:
1) cities may not "unreasonably discriminate among providers of functionally equivalent
services," 2) cities may not "prohibit or have the effect of prohibiting the provision of personal
wireless services," and 3) cities may not regulate personal wireless services "on the basis of the
environmental effects of radio frequency emission to the extent that such facilities comply with
the (FCC's) regulations concerning such emissions."
PLANNING COMMISSION UPDATE
On September 18, 1996, the Planning Commission held a public hearing to discuss the draft
ordinance pertaining to towers and antennas. The Commission, by a unanimous vote, tabled
action on the ordinance to give staff time to make revisions incorporating the Commission's
recommendations, and to address concerns raised by those present at the meeting. The proposed
changes are shown in bold in the revised draft ordinance. Revisions to the draft ordinance were
made and the ordinance was reviewed and recommended for approval at the October 2, 1996
Planning Commission meeting.
Several Commissioner's questioned the benefits of requiring towers to be designed to
accommodate one additional user. They were concerned that by providing space for an
additional antenna would lead to bigger and higher towers. Staff is of the opinion that requiring
towers to accommodate a second antenna is an appropriate method of reducing the number of
towers in the city. Further, providing space for one additional antenna will produce a minimal
increase in the size and cost of a tower.
The diameter of the pole increases 4.5 inches on a 140 foot pole, and 12 inches on a 160 foot
pole when designed to accommodate an additional antenna. The price increases by
approximately 13% when space was added for an additional user. The additional cost would be
recouped if the additional space is leased.
Staff is of the opinion that with the likely proliferation of towers in the city, a co- location
requirement is necessary to protect the aesthetic environment of the city. Other cities have
developed incentives rather than mandating co- location. These cities, however, have numerous
tall buildings or structures in which antennas could be located. The City of Chanhassen does not
have any buildings over three stories or forty feet in height, nor do we allow them in any zoning
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Draft Ordinance - Towers and Antennas
October 22, 1996
Page 5
district. Therefore, it appears that towers may be the only option in a number of areas throughout
the city.
As proposed, antennas are listed as conditional uses in all residential districts, if the antenna is
located on a church, park, governmental, school, utility, or institutional site. Upon review of this
section, staff is recommending that antennas be considered a permitted use as opposed to
conditional use. Towers in residential zoning districts would still require a conditional use
permit.
Conditional uses must be approved if the applicants adhere to'the conditions attached to the
permit. Conditional uses allow the Planning Commission and City Council an opportunity to
attach conditions to mitigate any negative impacts. The draft ordinance contains numerous
conditions and standards which attempt to mitigate negative impacts. Therefore, very little
would be achieved by requiring applicants to go through the conditional use process for an
antenna. Further, the majority of these sites are under city ownership which would provide the
city with an opportunity for further review.
The Planning Commission recommended that the Park and Recreation Commission review the
proposed ordinance.
PARK AND RECREATION COMMISSION UPDATE
On October 22, 1996, the Park and Recreation Commission discussed the proposed towers and
antennas ordinance. The two major issues that they had were the that they did not want to see
them put in private parks. The commission wanted to review all park proposals before the city
would agree to lease a space for a tower or antenna in the park. The other issue the commission
had was they wanted to see the Park Commission receive revenues for any lease of a park.
RECOMMENDATION
Staff recommends the City Council approve the first reading of ordinance.
ATTACHMENT
Draft Ordinance
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
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
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:
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(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. 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 sufficient information to indicate that
construction, installation, and maintenance of the antenna and tower will not create a safety
hazard or damage to the property of other persons.
' (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 all
requirements contained in Construction Requirements (Section 20- 1508), with the
exception of subparagraph 7 (regarding corrosive material) which is waived.
Temporary antennas 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 or rooftop to the highest point of
the tower, including all antennas or other attachments. When tower -° are mou ,,., „th
' m u st m the height .- est.- ietions of this Sectio Article
(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).
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. Multi -use towers may exceed the height limitations of this Section by up
to twenty -five (25) feet.
(2) Antenna devices over 80 feet in height which are attached to a 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 15' projecting above the structure. The City
Council may permit antenna heights of up to 25' 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 accepted 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 districts
and the tower does not encroach upon any easements.
(2) Towers shall maintain a minimum setback of 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.
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(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:
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(1) All applicable provisions of this Code.
(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 * * °^ - - fi ents of eampliane° approvals from '
the Federal Aviation Administration, 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:
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(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:
(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.
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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.
See. 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 area may be attached to the tower.
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.
Sec. 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;
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(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;
(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;
I (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:
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(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 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. Before the introduction of new service or changes in existing service, GG
appr-oval- telecommunication providers shall notify the City at least ten calendar days in
advance of such changes and allow the City to monitor interference levels during the testing
process.
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;
d. documents what steps the applicant will take to avoid interference with established
public safety telecommunications; and
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e. 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.
Section 2. Section 20 -1, Definitions, is amended to add the following definitions:
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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 omm -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 to which is attached the antennas of more than one
commercial wireless telecommunication service provider or governmental agency."
Tower, Single -User, is defines as, "A tower to which is attached only the antennas of a single
user, although the tower may be designed to accommodate the antennas of multiple users as
required in this Code."
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. r ial +"^""""s° -o"
di s t anee equ to th height „fro towe
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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. r^w,,.,,, ti t rans i ^^
toweFs not designed to eellapse progressively shall be set baek f�em all prepei4y lines a Iniffiffitim
d t equ a l t the height of the t ower.
Section 5. ARTICLE X. "A -2" AGRICULTURAL ESTATE, Sec. 20- 574(7)
Commercial communication transmission towers is deleted in its entirety.
Section 6. ARTICLE XXIL "IOP" INDUSTRIAL OFFICE PARK DISTRICT, Sec.
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 XIL "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
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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
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:
1 (4) Antennas as regulated by Article XXX of this Chapter
Section 20
' amended to read:
DIVISION 2. "R -16" DISTRICT, Sec. 20 -683. Conditional uses. is
(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.
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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.
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 XXL "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 XXL "OP' 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 XXII. "IOP" INDUSTRIAL OFFICE PARK DISTRICT, Sec.
20 -812. Permitted uses. is amended to read:
(13) Commercial Antemlas 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 day of
. 1996.
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ATTEST:
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Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
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