HomeMy WebLinkAbout1997-05 Amending Section 815 Telecommunication TowersORDINANCE
AN ORDINANCE AMEN
TO PROVIDE NEW I
THE CITY COUNCIL OF THE CITY OF EDINA O
SECTION 1. Section 815 of the City Code is re
Section 815 as follows:
0.1997-5
SING SECTION 815
QUIREMENTS
NS:
led and replaced io its entirety
Section 815 - Radio and Tele*ion Antennas and Towers
a new
815.01 Purpose and Objectives. The purposes a
d objectives of this
ection are to p
vide for
the safe installation of antennas, dish antenn
and to, and t
minimize the
adverse
aesthetic impact of antennas, dish antennas,
nd towers on surro
nding properti
s, while
permitting reasonable reception and transmissio
of signals from ante
nas, dish ante
nas and
towers without excessive costs on the owners of
ntenna, dish antenn
s and towers.
o lessen
the adverse aesthetic impacI on surrounding
operties because o
the unsightly ature of
antennas, dish antennas and towers, and pre
rve the high qualit
residential ch racter of
Edina, and to ensure that antennas, dish anten
as, and towers are i
stalled in a me nner that
can withstand high winds and other adverse
weather conditions
nd do not co Istitute a
nuisance or pose a safety concern, the Council
as determined to im
ose size, heigh , location
and installation restrictions and requirements
antennas, dish an
nnas and tow rs. The
different size and shapes of antennas, dish ant
nas and towers res
Its in different d agrees of
adverse aesthetic impact on surrounding prope
ies and different saf
ty concerns. cause of
the different aesthetic impacts and safety conce ns this Section impos
s different locon, size,
height and installation restrictions and requirem
is for antennas, dis
antennas and In
fwers.
particular, this Section imposes different restric ons and requirement
for dish anteas. The
size and shape of dish antennas make them m
e obtrusive and less
ikely to blend iwith their
surroundings which results in a greater adver a aesthetic impact
n surrounding properties
than antennas and towers and the shape of
ish antennas make
them subject to a high
amount of wind force because the dish shape
ill trap wind, with th
larger the dis or higher
the supporting structure resulting in greater
ind force on the b
se of the structure. In
determining these differing restrictions and req
irements the Council has considerec what size
and height is necessary fort an antenna, dish
ntenna and tower t
provide quali use and
afford reasonable reception and transmittal of s
nals and believes th
t the location, ize, height
and installation restrictions and requirements
f this Section permi
antennas, dis antennas
and towers to reasonably receive and trans
it their intended si nals and do of impose
excessive costs on owners of antennas, dish a tennas and towers.
815.02 Definitions. Words and phrases used irl this Section which a defined in Setion 850 of
this Code shall be construed in this Section a cording to their de if,, itions containe in Section
850. The following words and terms shall hav the following meanings in this Sectio
Antenna. Equipment used for transmittior receiving telec mmunication, t levision or
radio signals, which is located on the exteri r of, or outside of, any building or st cture. For
purposes of this Section, "antenna" does n t include "dish anten a".
Dish Antenna. A parabolic shaped antena (including all sup orting apparat s) which is
used for transmitting or receiving teleco munication, televisio or radio sign Is, which is
located on the exterior pf, or outside of, an building or structure
Tower. Any pole, spire or structure, or anycombination, to whi h an antenna or dish
antenna is, or could be attached, or which is d signed for an antenn or dish anten a to be
attached, and all supporting lines, cables, wire and braces.
815.03 Permit Required; Exemptions. No antenn , dish antenna or tower of any kind shall be
erected, constructed or placed, or re -erected, re -c Dnstructed or replac d, anywhere wi hin the
City without first making an application for and c btaining a permit fro the City. Pi ovided,
however, no permit shall be required for the followi g:
A. Dish antennas not greater than nine squa feet in cross sectional area, which do not
exceed six feet in height as measured from the ase of the dish antena to the highe 3t point
of the dish antenna.
B. All towers or other antennas which do not xceed six feet in he ght as measur d from
the base of the antenna or tower to the highest oint of the antenna o tower.
C. Antennas, dish antennas and towers er cted or constructed by the Cityf�r City
purposes.
815.04 Application for Permit; Issuance; Fee. App cation for a permit r
shall be made to the Building Official in the same m inner, and containing
as for a building permit pursuant to Section 41M of this Code. Th
accompanied by the fee set forth in Section 185 of this Code. Such per
the Building Official.
815.05 General Requirements. All antennas, dish Pntennas and towers,
required shall comply with the following requirementp:
Subd. 1 Compliance with Applicable Provisio s. All applicable
of this Code, including wind loading requirement4 set forth in the S
juired by this ection
the same inforr iation,
application sl iall be
nit shall be iss jed by
for which a p mit is
isions of Section 410
Building Code.
Subd.2 Grounding. Antennas, dish ante as and towers sh II be groundid for
protection against a direct strike by lightning a d shall comply, as t electrical wiriand
connections, with all applicable provisions of this Code and State law.
Subd. 3 Proximity to Power Lines. No antenn , dish antenna or to er shall excee a
height equal to the distance from the base of th antenna, dish anten a or tower tot e
nearest overhead electrical power line (except in ividual service drops, less five feet.
Subd. 4 Protection from Climbing. Antennas, Pish antennas or tow rs shall be
to discourage climbing by unauthorized persons. 11
Subd. 5 Restrictions on Attachments. No a tenna, dish antenna or tower shall have
affixed to it in any way lights, reflectors, flashers Dr other illuminating evices, or any signs,
banners or placards of any kind, except one sign not over ten square i ches may be a fixed
indicating the name of the manufacturer or installer.
Subd. 6 Prohibited Attachments. No tower shill have constructed o it, or attacheto it,
in any way, any platform, catwalk, crow's nest or imilar structure.
Subd. 7 Construction Material Restrictions. II towers shall be c nstructed of co rosive-
resistant steel or other corrosive -resistant, non combustible material . Towers shal not be
constructed or made of wood, including timbers or logs.
Subd. 8 Prohibited Extensions. No part of qny antenna, dish antenna or tower
lines, cables, equipment, wires or braces usev in connection with any tower or
shall, at any time, extend across or over any pao of a street, sidewalk or alley.
815.06 Location and Screening.
Subd. 1 Setback Location Prohibited. No prt of any tower, dis antenna or ai
shall be constructed, located or maintained, at ny time, permanent) or temporarily,
any setback required by Section 850 of this Co for a principal build g or structure
Zoning District in which the antenna, dish anten or tower is located.
Subd. 2 Additional Restrictions for Towers an.
In addition to the requirements of Subd. 1 o
distance shall be provided between (i) grour
antennas, or (iii) ground mounted towers with a
overall height, and the nearest lot line of a lot
residential purposes:
Minimum Distance in Feet = 20(h-50) + 50
h = overall height of tower and antenna in 1
Antennas in Excess of 65 Feet in
this Subsection, th following mi
mounted towers, (ii) ground m
:ennas, which are in excess of 65
the R-1 District or R-2 District U.
Subd. 3 Additional Restrictions for R-1 and RA Districts. In additior
of Subd. 1 and Subd. 2 of this Subsection, the fol wing requirements
1 District and R-2 District as established by Secti n 850 of this Code
R-1 District developed with a conditional use:
A. Dish antennas.
1. Dish antennas greater than n
not be located on the roof or
building.
2. Dish antennas shall only be I
B. All antennas and towers including dish
1. No antenna, dish antenna or
)r any
tenna
tenna
within
or the
:fight.
mum
in
for
to the require ents
ply to lots int a R-
ther than lots A the
square feet in cros section area hall
prior wall of a pri cipal or acces ory
in the rear yard.
nnas.
shall be located in
front yard.
2. No antenna, dish antenna or lower, shall be cons ructed, located
maintained, at any time, permane ly or temporarily, cloOr to the alloy
buildable area of a principal buildi g on any adjacent I t than it is to
principal building on the lot on whic it is located.
I or
Subd. 4 Screening for Dish Antennas. The Buildi g Official may req
uir , as a condition to
a permit, that a dish antenna installed in a no -residential district a screened fr m
residential districts located within 100 feet of the d sh antenna. Such r quired screeni g
shall comply with the requirements of Subd. 2 of Su ection 850.10 of this Code.
815.07 Height Restrictions.
Subd. 1 R-1 and R-2 Districts. In the R-1 Md R-2 District except
developed with conditional uses as established y Section 850 of this
A. No ground mounted antenna, groun mounted tower or
with an antenna shall exceed 65 feet in h -ght, measured from
the base of the tower or antenna, whic ever is lower, to th
antenna or tower, whichever is higher.
(
lots in the R-1 pistrict
Code: I
aund mountetower
e ground elev tion at
highest point of the
B. Towers and antennas mounted on or Ottached to a buildingor structure sh II not
extend higher than 25 feet above the h hest point of the r of of the build
gr
structure, provided that no tower or an enna shall exceed 5 feet in hei ht as
measured from the ground elevation at the front building line.
C. Dish antennas shall not be in exces of 12 feet in height measured fro the
ground elevation at the base of the dish antenna to the high st point of th dish
antenna.
Subd. 2 Zoning Districts Other Than R-1 and 2 and Conditional U es Allowed int a R-
1 District. In all other Zoning Districts as establi hed by Section 850 of this Code ar d on
lots in the R-1 District developed with conditional ses:
A. No ground mounted antenna, ground ounted tower or gr and mounted t wer
with an antenna shall exceed 75 feet in heig t'measured from th ground elevati n at
the base of the tower or antenna, to the highest point of th antenna or t er,
whichever is higher.
B. Roof mounted antennas and towers shall have a height of no ore than 18 felt as
measured from the point at which the anten a is attached to the r of to the top o the
highest portion of the antenna.
C. Dish antennas shall have an overall hei ht of no more than 8 feet for eithr a
ground mount or roof mount, as measured from the point at w ich the antenn is
mounted to the roof or the ground elevation t the highest point of a antenna.
815.08 Existing Antennas and Towers. Existing anten as, dish antennas ai
not conform to or comply with this Section are subject t4 the following provisi
Subd. 1 Use and Replacement. Existing nt4 nas, dish antennas
continue to be used for the purposes now used an as now existing, exc
Subd. 2 of this Subsection, but may not be replaced expanded, enlarged
way without complying in all respects with this lection, except that
replaced, without so complying, provided the new ntenna or dish ante
with the provisions of this Section.
Subd. 2 Destroyed or Damaged Antennas, Dish A tennas or Towers.
antenna or tower is damaged or destroyed due to ny reason or cau:
same may be repaired and restored to its former se, location and p
upon obtaining a building permit but without of erwise complying
towers whichido
and towers ay
apt as provide in
)r added to iny
ntennas may e
na fully comp
s
an antenna, di_th
whatsoever, t e
sical dimensio s
th this Sectio .
Provided, however, that if the cost of repairi g or restoring such amaged or d troyed
antenna, dish antenna or tower would be 50 p rcent or more, as es imated by the uilding
Official, of the cost of purchasing and erecting new antenna, dishntenna or towe of like
kind and quality and to the former use, physica dimensions and loca ion, then the a tenna,
dish antenna, or tower may not be repaired o restored except in f II compliance th this
Section.
815.09 Number of Antennas, Dish Antennas and T
Subd. 1 R-1 and R-2 Zoning Districts. In the R-1 District and R-2 istrict as esta lished
by Section 850 of this Code, no more than one xempt antenna, as rovided in Sub ction
815.03, one dish antenna requiring a permit un er the provisions of his Section, a one
tower with antennas shall be allowed at any one ime on any single lot.
Subd. 2 Other Residential Districts. In distric s zoned residential y Section 850 f this
Code, other than the R-1 District and R-2 Distri t, no more than on exempt antena, as
provided in Subsection 815.03, one dish antenn requiring a permit u der the provisi ns of
this Section and one tower with antennas shall a allowed at any on time on any ingle
tract.
815.10 Variances. Variances from the literal provisi s of this Section shall be processe and
granted or denied in the same manner and based on the same criteri and conditioas
variances under Section 850 of this Code.
815.11 Abandoned Antennas, Dish Antennas and owers; Removal. Any antenna, dish
antenna or tower which is not used for six successive months shall be dee ed abandonedand
may be required to be removed in the same manner nd pursuant to the ame procedure as
for dangerous or substandard buildings established b Section 470 of this C de.
815.12 Interpretation. It is not the intention of this S tion to interfere with, abrogate or a nul
any covenant or other agreement between parties. Where this Section imposes a gre ter
restriction upon the use of premises for antennas, dis antennas or towers t an are impose or
required by other Sections of this Code, rules, reg lations or permits, r by covenant or
agreements, the provisions of this Section shall govern
SECTION 2. This ordinance shall be in full force and
First Reading: August 4, 1997
Second Reading: August 18, 1997
Published in the Edina Sun Current August 27, 1997
J �yAttest:` -
City Clerk
upon pasage and publication.
L 11
ill
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Deni4 L. Mindak
the publisher or authorized agent and
Sun -Current
which are stated below.
AFFIDAVIT OF PU
being duly sworn I
n an oath says thahe/she is
ae of the publisher of the newspaper own as
and s full knowledge o the facts
(A) The newspaper has complied withall of the requirements
nstituting qualif
ion as a
qualified newspaper, as provided by Mi nesota Statue 331A.02,
1A.07, and other
livable
laws, as amended.
h :P
t
',.
IBJHENNEPV
(B) The printed O r d i
a n c e No. 1997-
997-which
Ovf i wssto n- Om Jan. c •.
0 t
whichis attached was cut from the colu
ns of said newspaper, an
was printed and I
ublished
once each weep, for one
successive
eeks; it was first
blished
on Wednesday the 2 7 da
of A u -du s t .
199 917— and was t ereafter
printed and published on every
to and
cluding
the day of
19_____; a
printed below is
copy of
the lower case alphabet from A to Z, botl
inclusive, which is hereby acknowledged as
sing the
size and kind of type used in the compo
tion and publication of th
notice:
abodefghjj
nopgnrtuwncyz-
i
BY:
Acknowledged before me on this
27 day of A
F�
Not" Public
�
4'ii✓ ,y r.'✓.•$.3- a `x�: �'%i1�J.: •`4
rv�f0'"�a
h :P
t
',.
IBJHENNEPV
1
Ovf i wssto n- Om Jan. c •.
0 t
(1) Lowest classified rate paid by commi
for comparable space
(2) Maximum rate allowed by law for the
(3) Rate actually charged for the above i
INFORMATION
ial users
Mve matter
Pubcl isher
1.20
City of UM
(01f4dial Publication)
CE N0.1997.5
ING SECTION 815
THE Cl_ T►in u1TY OF EDINA OR-
THE
d
on 815 of the City Code is re-
pealed app
In its entirety with a new Sec-
tion 815 as _ �4
arAntennas and Towers
815.01 i Objectives. The purposes and
objectives of are to provide for the safe instal-
lation of antennas, is antennas and towers and to mim-
mise the adveajtie impact of antennas, dish an-
tennas, andurroundbng properties, while per-
mitting reasonab a =and transmission of signals
from antgooss, d*&ntemas and towers without exces-
sive costs.on the, of antenna, dish antennas and tow-
ers and to faia'litp P;less telecommunications services
to residents aanndd brismess. To lessen the adverse aesthetic
impact on surroy,Qding properties because of the unsightly
nature WUh antennas and towers, and pre-
serve the high gaalitZ feaidential character of Edina, and
to ensure that coq_ dish antennas and towers are in-
stalled in a ma>�e>Rcan withstand high winds and
other adverse weathelpriditions and do not constitute a
nuisance or Pose> concern, the Council has deter-
mined to impose 4 fight, location and installation re-
strictions and nts on antennas, dish antennas
and towers. The aize and shapes of antennas, dish
antemas andtow_ @Sgilts in different degrees of adverse
aesthetic imps Rounding properties and different
safety concern3. f the different aesthetic impacts
and safety co on imposes different location,
size, height am n restrictions and requirements
for antennas. drab sn and towers. In particular, this.
Section im trictions and requirements for
dish antennas. shape of dish antennas make
them more obtruiiv� ess likelysater to aednd in with their
verse aesthetic
surroundings res than antennas and tow -
on and the shape of,.._, yntennas makes them subject to
a high amount of wind orce because the dish shape will
trap wind, w11 the dish or higher the support-
ing s ah greater wind force on the base of
the the
these differing restrictions
Council has considered what size
and and height t necessary for an antenna, dish antenna and
tower to ality use and afford reasonable recep-
tion and of signals and believes that the loca-
tion, size d installation restrictions and require-
ments of _ n permit antennas, dish antennas and
towers ahly receive and transmit their intended
signals jrnpose excessive costa on owners of an-
signa
ls
as and towers.
This o provides a process for considering
modifice to t requirements of this Section in order
to provide .pillii sites for towers and antennas and an -
courage in tower and antenna designs while
" 'perties in the vicinity from the adverse
towers and antennas.
815 frons. Weals and phrases used in this
Section w defined in Section 850 of this Code shall
be esus Section aowrdingto their definitions
contained on 850. The following words and terms
shall hav owing meanings in this Section:
Anteosa,'Equipment used for transmitting or receiv-
ing nication, television or radio signals,
wd on the exterior of, or outside of, any
b�dure. For purposes ofthis Section, "an-
tenna oes not include "dish antenna".
Co Use Antenna or Tower. An antenna or
towe��fxr a personal wireless telecommunica-
IJOAMMOMMfor any other purpose other than for the
pnvjp�enjoyment of the owner of the tower or
anteM&"tbe premises upon which it is located, in-
cludit ggipjpor radio antennas and antennas receiv-
ing television signals for personal use
Disb,AgAMw.a. A parabolic shaped antenna Unclud-
ing a11;dVyypoing apparatus) which is used for trans-
mitting or receiving telecommunication, television or
radio#i0hich is located on the, extsrior,of or out -
or sk e h
He
e distance from the tower's, anton-
mnas'or towers shall be pr
jbing y unauthorized persar
d. 5
striations on Attacl
inn
a or tower have
ners
placards of a y kine
r ten
uare inches in area n
men
a ofthe manu cturel
ligh
reflectors, flas ers or
is be
ed except as uin
i Adm bstration or F era]
soon.
S bd. 1
A 6
rohibited At chm
re co
cted on it, or ttach4
tform,
atwalk, crow's est o
t stn. .ural necess for t]
bd.7 onstruction tori
vers sh i be cenetru of col
other le -resist t, non
Tow shall not be natruc
:lading 'tubera or logs.,
bd. 8 Wohibited E ion
ina, di4h antenna or lower r
aipme , wires orb used i
ver or shall, any t
er any art of a street, clews
bd. 9 ign of Pe wi
rn ce Towers. P al
m servi towers shall of a
all hl into the sacro nding
e use o ceror, compo., ...e —
tmen
bd 10
tennas Atta hed t
n whi
are attached any h
cture
all as closely possi
e und
yin# building aterba
S bd. 11
terference h Pul
unica
ns. No new or stin
ce sh
I interfere wit publi
c tions.
y beaffi ed indicat-
815. Locat c and Scree 'ng.
S bd. 1
tbacks. No pa of an
antenn shall be e0erect, l
a any ti
] or tea
e, permanent11:11,
a tback raired
by Secti n 850
ql
ry
ing or struct for
ich th antenna, dish tell
S bd. 2
ditional ctb
ten
in Excess of 0 Fee
1 'ng
imum distan shall
are w
'ch exceed 30 f in
a e area f the nearest i t in I
75 feet
I. 3 'tiomi 105ri In addition to
Subd 2 of this Subse
is ly to lots in the
stab ' bed by Section
in th R-1 District d
Dish tennas.
I. Dish antenn
set in cross sec
n the roof" e
ory build
Dish antenwn
AllJ.No
as and b
s.
antenni
ated in i
antenni
nstructei
allowed
uilding on a
odpal buil
d. 4 8#vsning for
fBitF ,dt�tkaonftrn
AlNo ground`tnol
by the federal Avia-
mmunications Com-
er or ground m
�. Anttlh nas, dish
125 feet '
B Roof a
wted to discourage
mounts
to it, in apy way, any Ibe
structure ex-
h 'ght of no more
nmrb. o anteMa,
int of the buildii
6zed to i any signs,
C Dish antennas i
except o e sign not
re than 18 feet.
y beaffi ed indicat-
Sub 4 Amateur I
tall ) nor shall
with th Federal Commi
rine er
her illununating de-
tive ruli g PRBI, tenv�irs and
by the federal Avia-
mmunications Com-
maty p of supporting i
tions m exceed the height
erior
Subaecti n 815.07 but shall n
its. No tower $hall
815. Co -Location
to it, in apy way, any Ibe
structure ex-
issu for a personal
tower in asuring 75 feet or in
similar
maintenance of an
is desi ed in all respects to
ish
least on additional user. Suc
1 Restrictions. All
allow fo the rearrangement
wive -resistant steel
new an Mes mounted on th
combustible materi-
815. 9E>astingAntenn
ed or made of wood,
tennas, ish antennas and to
or comp] with this Section ar
No part, of any an-
any lines, cables,
visions.
Sub . 1 Use and Replac
collection with any
dish antennas and towers
e. extend across or
the urposes now used an
or auey i
,leas Communica-
ireles, communica-
onopole jdesign and
ivironmiit through
other a;iitectural
Buildings. Anten-
ade of a building or
le match the color of
is Safet>ri Teleeom•
telecommunications
safety tel ec:ommuni-
tower, doh antenna
ted or raain ined,
rarily, within any
this Code for an ac -
Zoning District in
r tower is located.
for'�owers and
in Height The fol -
id between
ght, an the build -
R -1 Dia 'ct d"A-
the heights of the
na
the height of the
as
s for RI and R-2
drements of Subd. 1
is following require -
rid and R-2 District
his Code other than
i with a conditional
gree
than nine square
in car
shall not be located
erior
all of a principal or
shall my be located in the
ra inc ding dish anten
ish
a or tower shall
front
ish
ns or tower, shall
cated
maintained, at any
I- n.•
nmrarihr closer to
Kitt�w
is tp the
h it is lo -
Building
reled in Subd. 2 of thi
pt ced, expanded, enlai
wit ut complying in all r
cept that antennas may 1
ply, g, provided the new a
conn lies with the provisi4
Sub . 2. Destroyed or I
An nae or lowers. If
tow is damaged or des
taus whatsoever, the Be
sto to its former use, I
sio' upon obtaining a i
othe ise complying witt
ever that if the cost of rep
cog or destroyed anto�
won be 50 percent or me
ina facial, of the cost c
new antenna, dish anter
I ty and -to the former
Ince on, then the antero
not repaired or restos
with this Section
Alli- 0 Number of Ant
Towers Resraenuar mum
empt an nna, as provided in
antenna requiring a permit
Section, d one tower with
any one ' a on any lot in a reF
idential urposes.
815. 1 Modifications. A
menta this Section shall be
a varian as set forth in Sul
this Cod . If the requested mo
quirem is of Subd. 2 or Subd
Zoning d of Appeals shat
and circ tanc>es, fifind the fc
A. a proposed location 1
Of th telecommunication
qu professional eng
B. ' ting towers or oth
can t accommodate the
ciliti due to inadequate
menby a qualified pre
C. sting towers or ori
can t accommodate the
ciliti a due to interferen
co unication facilities
prof onal engineer.
D. E ' ting towers or od
can t accommodate the
ciliti due to inadequat
qu ed engineer
E. O nere of existing tov
vici ty have denied per,
Mggm es
mounded
vm ith antenna shall
id towers shall have a
feet above the highest
ture.
an overall height of no
;ennas. In accordance
Commission'& preemp-
nas erected for the pn-
wur'radio communica-
tions of Subd. 1 of this
teed 65 feet in height.
menta. No permit shall
communication service
height unless the tower
imodate facilities for at
rs moat be designed to
cones to accommodate
W.
d lowers. Existing an-
hich do not conform to
6ct to the following pro -
int. Existing antennas,
continue to be used for
ow existing, except as
'on but may not be
r added to in any way
with this Section, ex -
laced, without so com-
a qr dish antenna fully
this Section.
gad Antennas, Dish
tonna, dish antema or
due to any reason or
ay be re aired and re -
and physical dimers-
I g permit but without
ction.provided,how-
or reatoringsuch dam-
ish antenna or tower
estimated by the Build-
hasing and erecting a
i
tower of like kind and
yaical dimensions and
s antenna, or tower may
pt in full compliance
Dish Antennas and
No more than one ex-
on 815.03, one dish
I the provisions of this
as shall be allowed at
'al district used for res -
cation to any require -
in the manner as
1 f Subsection 850.04 of
1 tion pertains to the re -
Subsection 815.06, the
i addition to other fads
ntial for the operation
as determined by a
& dura& in the vicinity
o ed communication fa-
ro ural capacity as docu-
isinal engineer.
8,
lures in the vicinity
n ad communication fa -
existing or r planfied
d ented by qu
s lures in the vicinity
ro communication fa-
t ' t as documented by a
s o other structures in the
iib to locate the proposed
n ah existing towers or
has been designed to
P on adjoining prop -
uses.
nae,_ n 'a point of contact with the ground,
orre V JAAShighest point, including all attach-
ments an ng apparatus.
Persop4 bless. Telecommunication Service.
Ucenas al wireless services including cellu-
lar - unicatian services (PCS), special-
ized (SMR), enhanced mobilized radio
I EShW jMg ULMd similar services that are market-
Publig`;t,i ns, corporation, or governments
supplying gee, a ectric, transportation, water, sewer, or
land liWK a0�eservice to the general public. For
purpoaeg�gt on, personal wireless telecommu-
nication service facilities shall not be considered as
publig tz;
Tower. e, spire or structure, or any.combina-
tion, , *Slp4ing all supporting lines, cables,
wires and -braces, intended primarily for the purpose of
mous . an or dish antenna.
816.09 Perm="aired; Exemptions. No antenna,
dish antenna or tower of any kind shall be erected, con-
structed or placed, or re -erected, re -constructed or re-
placed, anywhere within the City without first making an
application for and obtaining a permit from the City. Pro-
vided, however, no permit shall be required for the follow-
ing:
A. Dish antennas not greater than nine square feet in
cross sectional area, which do not exceed six feet in
height.
B. All towers or other antennas which do not exceed six
feet in height.
C. Antennas, dish antennas and towers erected or con-
structed by the City for City purposes.
D. Structures and facilities directly related to the pro-
vision of services by a public utility including but not
limited to water towers, lights, signals, power and tele-
phone poles, and poles supporting emergency warning
devices.
815.04 Application for Permit; Issuance; Fee. Ap.
plication for a permit required by this Section shall be
made to the Buildinngg Official in the same manner, and con-
taining the same infirmation, as for a building permit pur-
suant to Section 410 of this Code. The application shall be
accompanied by the fee set forth in Section 185 ofthis Code.
Such permit shall be issued by the Building Official.
815.05 General Requirements. All antennas, dish
antennas and towers, for which a permit is required shall
comply with the following requirements:
Subd. 1 Compliance with Applicable Provisions.
All applicable provisions of Section 410 of this Code, in-
cluding wind loading requirements set forth in the
State Building Code.
Subd. 2 Grounding, Antennas, dish antennas and
towers shall be grounded for protection against a direct
strike by lightning and shall comply, as to electrical
wiring and connections, with all applicable provisions
of this Code and State law.
Subd. 3 Proximity to Power Lines. No antenna, dish
antenna or lower shall exceed a height equal to the dis-
tance from the base of the antenna, dish antenna or
tower to me nearest overhead electrical power line (eic-
cept individual service drops), less five feet. Monopoles
designed to comply with the wind loading require-
vmclal may require, as a WI)tlruon t0 a ppn.,w, w.n.. o
dish antenna installed in a n�-r d=tiel district be
screened from residential districts located within 100
feet of the dish antenna. Such required screening shall
comply with the requirements o(Subd. i ofSubsection
850.10 of this Code.
Subd. 5 Proximity to Other lowers. No personal
wireless telecommunications service tower in excess of
50 feet in overall height shall be erected within 1000
feet of any other personal wireless telecommunication
service tower exceeding 50 feet in overall height. It is
the intent of this provision to encourage the co -location -
of telecommunication facilities on the same tower or on
existing buildings or other structures thereby reducing
the number of towers in the City.
Subd 6 Commercial Use lowers and Antennas
Prohibited in the R-1, R-2, PRD -1 and PRD -2 Dis-
tricts. Subject to the requirements of this Section, tow-
ers and antennas of all kinds may be erected in the R-
1, R-2, PRD -1, and PRD -2 Districts only for the private
telecommunication use of the residents of the premis-
es. This prohibition does not apply to properties in
these districts developed with conditional uses, pub-
lidy owned property, and golf courses.
Subd. 7 Commercial Use Towers Prohibited in
Other Residential Districts. Towers and ground
mounted antennas may be erected in the PRD -3, PRD -
4, PRD -5, PSR -3, and PSR -4 Districts only for the pri-
vate telecommunication use of the residents of the
premises. Subject to the requirements of this Section,
commercial use antennas may be affixed to buildings
in these Districts.
815.07 Height Restrictions.
Subd. l Certain Residential Districts. In the R-1, R-
2, PRD -1 and PRD -2 Districts except lots developed
with conditional uses as established by Section 850 of
this Code, publicly owned property or golf courses
A. Except as provided in Subd 4 of this Subsection
815.07, no ground mounted antenna, ground mount-
ed tower or ground mounted tower with an antenna
shall exceed 30 feet in height.
B. Towers and antennas mounted on or attached to
a building or structure shall not extend higher than
18 feet above the highest point of the building or
structure.
C. Dish antennas shall not be in excess of 12 feet in
height.
Subd. 2 Certain Residential and Non-residential
Districts. In the PRD -3, PRD -4, PRD- 5, PSR -3, PSR -4,
MDD-3,4,5,6, POD -1, PCD -1,2,4, APD and RMD Districts
and on lots in the R-1 District developed with conditional
uses, publicly owned property or golf courses.
A No ground mounted antenna, ground mounted
tower or ground mounted tower with an antenna
shall exceed 75 feet in height
B. Roof mounted antennas and towers shall not ex-
tend higher than 18 feet above the highest point of
the building or structure.
C. Dish antennas shall have an overall height of no
more than 18 feet.
Subd. 3 PCD -9, POD -2 and PH) Districts. In the
PCD -3, POD -2 and PID Districts as established by Section
860 of this Code:
gm+ * R -t-• wtons" and
' M4sD K+iD a. . P= or tower
Which is not usedfor twelve. months shall be
deemed, abandoned and maY tb be removed in
the waits and lprocedures as
ford jveubetenda► i1�1teMEtibilahadbySec-
tion 470 0� ' 'Code.
815.1 Interpretation. It is not the intention of this
Section to interfere with, abrogate or annul any covenant
or other agreement between parties. Where this Section
imposes a greaten restriction' upon the use of premises for
antennas, dish antennas or towers than are imposed or re-
quired by other Sections .of this Code, rules, regulations or
permits, or by covenants or agreements, the provisions of
this Section shall govern.
SECTION 2. This ordinance shall be in full force
and edect upon passage and publication.
Attest DeA. Maneen Glenn L. Smith
City Clerk Mayor
(Aug 27,19li7)Dl/Cty Edina 1997-5 .