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HomeMy Public PortalAbout294CITY OF MEDINA ORDINANCE NO.294 AN ORDINANCE AMENDING SECTIONS 826.49, 826.55, 826.61 AND 826.65 AND ADDING A NEW SECTION 828.75 ET SEQ. TO THE MEDINA CODE OF ORDINANCES RELATING TO TELECOMMUNICATIONS TOWERS AND FACILITIES THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS as follows: Section I. The Medina Code of Ordinances is amended by adding the highlighted/underlined material as follows: Section 826.49. Conditional Uses. Within any Rural Commercial District, no structure or land may be used for the following uses except by conditional use permit: Subd. 1. Auto Sales, service and repair. Subd. 2. Cultural and fraternal organizations. Subd. 3. Commercial recreation. Subd. 4. Drive-in retail and service business. Subd. 5. Funeral homes. Subd. 6. Liquor stores. Subd. 7. Motor Fuel Stations without a car wash. Subd. 8. Offices and banks. Subd. 9. Open Sales Lot. Subd. 10. Public buildings. Subd. 11. Service Shops. Subd. 12. Supply Yards. Subd. 13. Wholesale Businesses. YANGJO118199 5-15-97 ME230-5 1 Subd. 14. Any incidental repair or processing necessary to conduct a permitted principal use. Subd. 15. Private garages, off-street. Subd. 16. Parking, loading spaces. Subd. 17. Temporary construction buildings. Subd. 18. Decorative landscape features. Subd. 19. Public telephone booths. Subd. 20. Adult establishments as defined in section 645 of the Medina City Code. Subd. 21. Telecommunication towers and facilities as regulated by sections 828.75 et seq. of the Medina City Code. Section 826.55. Conditional Uses. Within any Urban Commercial District, no structure or land may be used for the following uses except by conditional use permit: Subd. 1. Retail businesses - stores and shops. Subd. 2. Selling household goods over the counter. Subd. 3. Banks. Subd. 4. Barber and beauty shops. Subd. 5. Wholesale businesses. Subd. 6. Locksmith. Subd. 7. Interior Decorating stores. Subd. 8. Physical culture and dance studios. Subd. 9. Restaurants. Subd. 10. Taverns. Subd. 11. Commercial recreational, cultural and fraternal organizations, clubs and lodges. Subd. 12. Supply yards. YANGJO118199 5-15-97 ME230-5 2 Subd. 13. Public Buildings. Subd. 14. Motor Fuel Stations. Subd. 15. Liquor Store. Subd. 16. Car Wash. Subd. 17. Motor and Motor Hotels. Subd. 18. Television and Radio Stations. Subd. 19. Any building over 30 feet high. Subd. 20. Newspaper publishing and printing. Subd. 21. Animal Hospital. Subd. 22. Telecommunications towers and facilities as regulated by sections 828.75 et seq. of the Medina City Code. Section 826.61. Conditional Uses. Within any Rural Industrial District, no structure or land may be used for the following uses except by conditional use permit: Subd. 1. Warehousing and wholesaling. Subd. 2. Offices. Subd. 3. Public buildings. Subd. 4. Research laboratories. Subd. 5. Construction and special trade contractor. Subd. 6. Public and private utility uses. Subd. 7. Assembly/Storage of Rock and Stone Products, Apparel, textiles, food products, tobacco products, glass, fabrication metal projects, leather, machinery and appliances, pottery, transportation equipment, lumber and wood products, paper products. Subd. 8. Commercial Recreation. Subd. 9. Residential Accessory. Subd. 10. Heliports. YANGJO118199 5-15-97 ME230-5 3 Subd. 11. Bus and Truck maintenance garages. Subd. 12. Adult establishments as defined in section 645 of the Medina City Code. Subd. 13. Telecommunication towers and facilities as regulated by sections 825.75 et seq. of the Medina City Code. Section 826.61. Conditional Uses. Within any Urban Industrial District, no structure or land may be used for the following uses except by conditional use permit: Subd. 1. All conditional uses in RC. Subd. 2. Railroad operations. Subd. 3. Truck Maintenance. ft i Subd. 4. Manufacturing, fabrication, or processing of lumber and wood products, paper products, rock and stone products, textiles, tobacco products, fabrication metal products, machinery and appliances, transportation equipment, apparel, food products, glass, leather, pottery. Subd. 5. Telecommunication towers and facilities as regulated by sections 828.75 et seq. of the Medina City Code. Section H. The Medina Code of Ordinances is amended by adding the following new sections: Section 828.75. Regulation of Telecommunication Towers and Facilities. Subd. 1. Limited Federal Preemption. The city recognizes that the Federal Communications Act of 1934 as amended by the Telecommunications Act of 1995 ("the Act") grants the Federal Communications Commission exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from telecommunications facilities and the regulation of radio signal interference among users of the radio frequency spectrum. Consistent with the Act, the regulation of towers and telecommunications facilities in the city will not have the effect of prohibiting any person from providing wireless telecommunications services. Subd. 2. Purpose. The purpose of this ordinance is to regulate the placement, construction, maintenance and modification of telecommunication towers and facilities in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. In adopting this ordinance, the city intends to advance the following specific purposes: a) minimize adverse visual and economic impacts of telecommunication towers and facilities through design, siting, landscaping, and camouflaging techniques; YANGJO118199 5-15-97 ME230-5 4 b) promote and encourage shared use and colocation of telecommunication towers and antenna support structures; c) avoid damage to adjacent properties caused by falling or dislocated telecommunication towers and facilities by ensuring that those structures are soundly designed, constructed, and maintained and promptly removed when no longer used or when determined to be structurally unsound; d) ensure that telecommunication towers and facilities are compatible with surrounding land uses, especially residential uses; and e) facilitate the provision of wireless telecommunications services to the residents and businesses of the city in an orderly fashion. Section 828.77. Definitions. For purposes of this ordinance, the following terms shall have the meanings given them, except where the context clearly indicates a different meaning: Subd. 1. "Antenna support structure" means a building, water tower, or other structure, except a tower, which can be used for location of telecommunications facilities. Subd. 2. "Applicant" means a person who applies for a permit to develop, construct, build, modify or erect a tower. Subd. 3. "Application" means the process by which the city considers a request to develop, construct, build, modify or erect a tower. Subd. 4. "Dual lighting" means a lighting pattern which varies by number, location or intensity between day and night for a single facility. Subd. 45. "Engineer" means an engineer licensed by the state of Minnesota. Subd. 56. "Person" means any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. Subd. 67. "Telecommunications facilities" means cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications located or installed on or near a tower or antenna support structure. The term does not include a satellite earth station antenna two meters in diameter or less if located in an industrial or commercial district or a satellite earth station antenna one meter in diameter or less if located anywhere other than an industrial or commercial district. Subd. 78. "Telecommunications tower or "tower" means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term does not include amateur radio operations equipment licensed by the Federal Communications Commission. YANGJO118199 5-15-97 ME230-5 5 Subd. 89. "Tower height" means the vertical distance from the average grade adjacent to the base pad of the tower to the highest point of the tower or any telecommunication facility. Section 828.79. Application. Any person desiring to construct a tower must submit an application for a conditional use permit. In addition to the items required in sections 825.39 et seq. of the Medina code of ordinances for issuance of a conditional use permit, the applicant must submit the following in connection with an application for a tower: a) The engineering plans for the proposed structure and aA written statement from an engineer that the proposed structure meets the structural requirements of the Medina code of ordinances; b) A written statement from an engineer that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire or other danger due to its proximity to volatile, flammable, explosive, or hazardous materials such as liquid propane gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals; c) A map of the city showing the location of all towers and telecommunications facilities of the applicant's entire existing or proposed wireless telecommunications network. d) Written evidence that the applicant will be required to remove the tower and associated telecommunications facilities upon cessation of operations on the leased site; and e) An application fee in the amount established from time to time by resolution of the city council. Section 828.81. Performance Standards. Subd. 1. Colocation capability. Unless the applicant presents evidence to the city that colocation is not feasible, no tower may be built, constructed or erected in the city unless the tower is capable of supporting at least one additional telecommunications facility comparable in weight, size, and surface area to the facilities being proposed by the applicant. Subd. 2. Setback requirements. a) In addition to any other setback requirement which may be applicable under the Medina code of ordinances, a tower up to 180 feet in height authorized under this section must comply with the following setback and locational requirements: i. The tower must be set back a distance from the nearest property line equal to the height of the tower, unless an engineer certifies in writing that the tower will collapse within a lesser distance under all reasonably foreseeable circumstances. In no event, however, shall a tower be located closer to any property line than a distance equal to 50 percent of the height of the tower; ii. Setbacks for a tower shall be measured from the base of the tower to the YANGJO118199 5-15-97 ME230-5 6 nearest property line of the parcel on which it is located; iii. No tower may be located between a principal structure and the street, except that on corner lots, a tower may be located between the principal structure and the street having the lesser volume of traffic; and iv. A tower must be set back from residentially zoned land a minimum of 200 feet or 150 percent of the height of the tower, whichever is greater. b) A tower which exceeds 180 feet in height shall be set back from the nearest property line a distance equal to the height of the tower plus an additional 1.5 feet for every foot by which its height exceeds 180 feet, unless an engineer certifies in writing that the tower will collapse within a lesser distance under all reasonably foreseeable conditions. If an applicant produces the engineering certification required in this subdivision, the setback may be reduced to a distance no less than 75 percent of the height of the tower, except that setbacks from residentially zoned land shall be a minimum of 300 feet or 150 percent of the height of the tower, whichever is greater. Notwithstanding anything herein to the contrary, any tower which is supported by guy wires shall comply with the full setback as provided herein and shall not qualify for any reduction in setback allowed by certification from an engineer regarding the collapse pattern of the tower. Subd. 3. Engineer Certification. Towers must be designed and certified by an engineer to be in conformance with the Uniform Building Code and all other applicable standards set forth in the Medina code of ordinances and to be structurally sound for conditions reasonably likely to occur in Minnesota. Subd. 4. Lighting. Towers may not be lighted except as required by the Federal Aviation Administration. Whenever a tower is proposed to be located within 1000 feet of any residentially zoned land, the applicant must seek approval for dual mode lighting from the Federal Aviation Administration. Subd. 5. Exterior Finish. Towers not requiring specific painting or marking by the Federal Aviation Administration must have an exterior finish approved by the city. Subd. 6. Fencing. Fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities must be constructed in accordance with the fencing requirements applicable within the zoning district in which the tower or antenna support structure is located, unless more stringent fencing requirements are required by Federal Communications Commission regulations. Notwithstanding anything herein to the contrary, any guy wire used to support a tower shall be fenced so that it is protected against climbing and vandalism. Subd. 7. Camouflage; Landscaping. Reasonable but creative measures must be employed to camouflage towers from view. Landscaping on parcels containing buildings used as antenna support structures or telecommunications facilities must be in accordance with landscaping requirements approved in the conditional use permit. Utility buildings and structures accessory to the tower must be architecturally designed to blend in with the surrounding environment and to meet all setback YANGJO118199 5-15-97 ME230-5 7 requirements applicable to the tower. Ground mounted equipment must be screened from view by suitable vegetation, except where a design of non -vegetative screening better reflects and complements the character of the surrounding neighborhood. Notwithstanding anything herein to the contrary, the city may impose more stringent screening requirements when a tower or related structure or equipment will be in close proximity to residential uses or environmentally sensitive areas or land forms. Subd. 8. Accessory buildings. One accessory building not more than 2000 sq. ft. in area shall be permitted per tower. Subd. 9. Security; Signs. Towers must be reasonably posted and secured to protect against trespass. All signs must comply with applicable sign regulations. Towers must be constructed with such devices and techniques as reasonably necessary to prevent climbing by unauthorized persons. Subd. 10. On -site parking. Property upon which any tower is located must contain at least one paved vehicular parking space immediately adjacent to the tower. Subd. 11. Removal of Towers. If the use of a tower is discontinued, the tower owner must provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued. Abandoned or unused towers and associated telecommunications facilities must be removed within six months of the cessation of operations of the telecommunications facility at the site unless an extension is approved by the city council. Any tower or associated telecommunications facility which is not removed within six months of the cessation of operations at a site is hereby declared to be a public nuisance and may be removed by the city and the costs of removal assessed against the property pursuant to section 330.01 et seq. of the Medina code of ordinances. Section 828.83. Additional requirements. Subd. 1. Maintenance. Towers must be maintained in accordance with the following provisions: a) Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents likely to cause damage, injuries, or nuisance to the public. b) Tower owners must install and maintain towers, antenna support structures and telecommunications facilities, in compliance with the requirements of the National Electric Safety Code and all Federal Communications Commission, state, and local regulations. c) Towers, telecommunications facilities, and antenna support structures must be kept and maintained in good condition, order, and repair. d) Maintenance or construction on a tower, telecommunications facilities or antenna support structure must be performed by qualified maintenance and construction personnel. YANGJO118199 5-15-97 ME230-5 8 e) Towers must be used in compliance with radio frequency emissions standards of the Federal Communications Commission. Subd. 2. Certification of Structural Conditions. Every five years after construction, a tower must be certified by an engineer to be structurally sound and in conformance with the requirements of the Uniform Building Code and all other construction standards set forth by the Medina code of ordinances or federal or state law. A written certification to this effect must be provided to the city. The city may require more frequent certifications if it reasonably believes that the structural or electrical integrity of the tower does not comply with federal, state, or local regulations. Subd. 3. Inspections. Upon reasonable notice to the owner of the tower and the property upon which it is located, the city may inspect any tower for the purpose of determining if it complies with the Uniform Building Code and other construction standards provided by the city code or federal or state law. The expense related to such inspections will be borne by the tower owner. Based upon the results of such inspection, the building official may require repair or removal of a tower. Section III. This ordinance shall become effective upon adoption and publication. Adopted this 61h day of May, 1997. ATTES Paul Robinson, Clerk -Treasurer Published in the Weekly News this 29th day of May, 1997. YANGJO118199 5-15-97 ME230-5 9