HomeMy WebLinkAbout117-15 Tower Antenna Amendment
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 117-15
AN ORDINANCE AMENDING CITY CODE TITLE 11 RELATING TO TOWERS AND
ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS
CONTAINS PENALTY PROVISIONS.
The City Council of the City of Prior Lake, Minnesota ordains:
1. City Code Part 11, Subsection 1101.400 is amended by deleting the following definitions:
Communications Tower. Any ground or roof mounted pole, spire, structure or combination
thereof including supporter lines, cables, wires, braces and masts, intended primarily for the
purpose of mounting an antenna, meteorological device, or similar apparatus above ground.
Essential Service Equipment Shelters. Buildings or structures used for the storage of
equipment related to an essential service.
Essential Services. Services and utilities needed for the health, safety and general welfare of
the City. The essential services include, but are not limited to, underground or overhead gas,
electrical, steam or water transmission or distribution systems; collection, communication,
supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, fire
alarm boxes, police call boxes, traffic signals, hydrants, or other equipment and accessories in
conjunction therewith, bridges, roads, and railroads.
2. City Code Part 11, is amended by deleting Subsection 1101.315, which reads as set forth below,
and renumbering Subsection 1101.316 to 1101.315.
1101.315 Essential Services. Essential services, as defined by this Ordinance, shall be
permitted as authorized and regulated by State Statute and Ordinances of the City of
Prior Lake.
3. City Code Part 11, Subsection 1102.1204 is amended by deleting the third bullet reading “Towers
subject to Sections 1110”.
4. City Code Part 11, Subsection 1102.1403 is amended by deleting provision (7), which reads as
set forth below, and renumbering provisions (8) through (14) as (7) through (13) respectively.
(7) Antennas & Communications Towers. In addition to the findings required under
Section 1108.202, the Planning Commission shall attach such conditions to the
issuance of the conditional use permits as it deems necessary to fulfill the purposes of
Section 1108. Such conditions include, but are not limited to, the following:
a. All structures shall be located a minimum of 100 feet from any property line of
property in any “R” use district.
b. All structures shall be located a minimum of 60 feet from any adjacent lot line.
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c. No light, sound or vibration originating from the structure shall be discernible at the
property line of any adjacent lot line in an “R” use district.
5. City Code Title 11 is amended by deleting Section 1110 in its entirety and replacing it with the
following:
Section 1110
1110.100 Purpose and Intent: In order to accommodate the needs of residents and
businesses while protecting the public health, safety and general welfare of the
community, the City Council finds these regulations are necessary to:
(1) Maximize the use of existing and approved towers and buildings to
accommodate new equipment in order to reduce the number of new towers
necessary to serve the community.
(2) Ensure towers are designed, located and constructed in accordance with all
applicable code requirements to avoid potential damage to adjacent
properties from failure of the tower through structural standards and
setback requirements.
(3) Require tower equipment to be screened from the view of persons located
on properties contiguous to the site and/or to be camouflaged in a manner
to complement existing structures to minimize adverse visual effects of
towers.
1110.200 Definitions:
Equipment. Any tangible asset placed upon a tower, including, but not limited
to, conduits, cables, wires, antennae, dishes and other attachments.
Tower. Any ground or roof mounted pole, spire, structure or combination
thereof, and any attached equipment, which is taller than 10 feet.
1110.300 APPLICATION AND SCOPE: Except as otherwise stated herein, this
Section applies to all towers except for those towers located in the right -of-
way which are governed by City Code Section 707.
1110.400 Building Permit Required: No tower or equipment shall be constructed,
altered or expanded without first obtaining a building permit.
1110.500 Use Districts: Towers are allowed as Uses Permitted By Condition in all Use
Districts subject to the conditions of this Section.
1110.600 Height Restrictions:
1110.601 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 equipment.
When towers are mounted upon other structures, the combined height of the
structure at the tower's point of attachment and tower must meet the height
restriction of this subsection.
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1110.602 Maximum Height. Except as provided in subsection 1110.603, maximum
heights for towers are as follows:
(1) In all Residential Use Districts towers shall not exceed 45 feet.
(2) In all Town Center Use Districts towers shall not exceed 45 feet.
(3) In all Commercial, Business and Industrial Use Districts towers shall not
exceed 1 foot for each 4 feet the tower is setback from the nearest lot line
in a Residential Use District up to a maximum of 52.5 feet.
(4) In all Agricultural Use Districts towers shall not exceed 1 foot for each 4
feet the tower is setback from the nearest lot line in a Residential Use
District up to a maximum of 112.5 feet.
1110.603 Exceptions. The following are exceptions to the maximum height restrictions
for towers:
(1) Amateur Radio Antenna. In accordance with the preemption ruling
PRB1 of the Federal Communications Commission, towers supporting
amateur radio antennas that comply with all other requirements of this
Section are exempted from the height limitations of this subsection up to a
total height of 70 feet, provided that such height is technically necessary to
receive and broadcast amateur radio signals. Subject to approval of a
Conditional Use Permit, the Planning Commission may permit heights
above the 70 foot height limitation if deemed necessary to permit
reasonable use of an FCC license.
(2) Conditional Use Permit. Subject to approval of a Conditional Use Permit,
the Planning Commission may permit heights in excess of those set forth
in subsection 1110.602 upon determining that the proposed height is
reasonably necessary.
1110.700 Setbacks and Siting: Towers shall conform to each of the following minimum
setback requirements:
(1) In all Residential Use Districts the required setback for a tower shall be
equal to the height of the tower including all equipment.
(2) In all districts other than Residential Use Districts towers shall meet the
principal structure setbacks of the underlying Use District with the
exception of the I-1 (Industrial) Use District, where towers may be located
5 feet from the rear property line, provided that the rear property line abuts
another property in the I-1 Use District and the tower does not encroach on
any drainage or utility easements.
(3) No more than one tower may exist at any one time on a property in a
Residential Use District.
(4) Towers shall not be located in any drainage or utility easement absent
written permission from the holder of the easement.
(5) Towers shall not be located between a principal structure and a public
street, with the following exceptions:
➢ In the I-1 (Industrial) Use District, towers may be placed within a
side yard abutting a street if the street is abutted on both sides by
the Industrial Use District.
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➢ On sites adjacent to public streets on all sides, towers may be placed
within a side yard abutting a local street.
(6) Subject to approval of a Conditional Use Permit, the Planning Commission
may permit reduction of a tower's setback or variation of a tower’s location
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.
1110.800 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 parking lots or other
similar areas may be attached to the tower.
1110.900 Signs And Advertising: No sign, advertising or identification of any kind
intended to be visible from the ground or other structure is permitted, except
applicable warning and equipment information signage required by the
manufacturer or by Federal, State or local authorities.
1110.1000 Design: Towers and equipment shall meet the following requirements:
(1) Towers shall be designed to blend into the surrounding environment to the
maximum extent possible through the use of building materials, colors,
texture, screening, landscaping and other camouflaging architectural
treatment, except in instances where the color is dictated by federal or state
authorities.
(2) Towers shall be of a monopole design. Alternative designs which would
better blend into the surrounding environment may be approved by the
Planning Commission through a Conditional Use Permit.
(3) Towers shall be designed and constructed in a manner that ensures no light,
sound or vibration originating from the tower is discernible at the lot line
of any property in a Residential Use District.
1110.1100 Accessory Equipment Shelters: Equipment shelters are permitted as an
accessory use to a tower subject to the following regulations:
(1) An equipment shelter shall not exceed 336 square feet in area.
(2) Exterior building materials for equipment shelters shall be brick or a
material which simulates the appearance of a brick fascia, and shall be
architecturally compatible with the surrounding area.
(3) Equipment shelters must meet the setbacks of the underlying Use District,
except that setbacks between equipment shelters may be varied so long as
the proximity does not create a health or safety issue.
(4) There shall be no outside storage permitted as part of the equipment shelter.
(5) In order to avoid unsightliness and to mitigate against possible diminution
in property values, the location and placement of an equipment shelter shall
be subject to site plan review. The site plan must receive approval of the
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Community and Economic Development Director, the City Engineer and
the Building Official.
1110.1200 Abandoned Or Unused Towers Or Portions Of Towers: Abandoned or
unused towers or equipment or portions thereof shall be removed as follows:
(1) All abandoned or unused towers and equipment shall be removed within
12 months of the cessation of operations at the site. If the tower is leased,
a copy of the relevant portions of a signed lease which required the
applicant to remove the tower and equipment upon cessation of operations
at the site shall be submitted at the time of application for a building permit.
In the event a tower or equipment is not removed within 12 months of the
cessation of operations at the site, the tower and equipment may be
removed by the City and the costs of removal may be assessed to the
property owner.
(2) After the tower and/or equipment are removed, the site shall be restored to
its original or an improved state.
1110.1300 Co-Location: All towers shall comply with the following requirements:
(1) A new tower will not be approved unless the applicant demonstrates that
the equipment cannot be accommodated on an existing tower or that a good
faith effort to co-locate on existing towers was made, but an agreement
could not be reached.
(2) All towers shall be designed and constructed to accommodate future co-
location of equipment unless the applicant demonstrates that such design
or construction is impractical. The applicant shall state in its application
that it shall use good faith efforts to permit co-location provided the
additional user agrees to reasonable terms and the additional equipment
will not have a demonstrable negative impact on structural integrity or
service.
1110.1400 Exceptions: The regulations in this Section 1110 shall not apply to public
safety towers or public water towers.
6. City Code Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though
repeated verbatim.
7. This Ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 5th day of September, 2017.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Published in the Prior Lake American on the 16th day of September, 2017.
CITY OF PRIOR LAKE
ORDINANCE NO.117-15
AN ORDINANCE AMENDING
CITY CODE TITLE 11
RELATING TO TOWERS AND
ADOPTING BY REFERENCE
CITY CODE SECTION 104,
WHICH AMONG OTHER
THINGS CONTAINS
PENALTYPROVISIONS.
The following is only a p
summary of Ordinance No.117-15. Affidavit of Publication
The full text will be available for
5, 201inspeany personfter ptemng Southwest Newspapers
5, 2017 by any person during
regular office hours at City Hall'
or in the Document Center on the
City of Prior Lake Website.
SUMMARY:The Ordinance State of Minnesota)
amends Part 11 of the-City Code' )SS.
relating towers outside of the
right-of-way. county of Scott )
This ordinance shall become
effective from and after its
passage and publication.
Passed by the City Council of
the City of Prior Lake this 511i day Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized
of September 2017. agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen-
ATTEST:
Frank Boyles dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as City Manager follows:
Kirt Briggs
Mayor (A)These newspapers have complied with the requirements constituting qualification as a legal
(Published in the Prior newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
Lake American on Saturday, amended.
September 16.2017;No.7033)
(B)The printed public notice that is attached to this Affidavit and identified as No. I
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 lower case alphabet from A to Z,both
inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefghijklmnopgrstuvwxyz
Laurie A.Hartmann
Subscribed and sworn before me on
ci
this day of F y;�1 ,2017
7ME JE kNNETTE B/kHK
t / NOTARY f l BBC-M'NNESOTA
OMIJOSON EXPRES 01?X11
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RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch
Maximum rate allowed by law for the above matter.................................$31.20 per column inch
Rate actually charged for the above matter.............................................. $12.59 per column inch