2016-16 BILL NO. 2016-16
AN ORDINANCE AMENDING THE RICHFIELD CITY CODE
REGULATIONS RELATED TO
TELECOMMUNICATION FACILITIES
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 507.07, Subdivision 4 of the Richfield City Code defining
"antenna" is amended to read as follows:
Subd. 4. "Antenna." A - • •- - - -- - - e - - - - - - -
radio, data, Internet or other communications through the sending and/or
receiving of radio frequency signals including, but not limited to,
its attendant base station. For purposes of this Section, "antenna" does
not include "dish antenna."Any exterior transmitting or receiving device
mounted on a tower, monopole, building, or other structure and used in
communications that radiate or capture electromagnetic waves, digital
signals, analog signals, radio frequencies (excluding radar signals),
wireless telecommunications signals, or other communications signals.
"Antenna" does not include either a "dish antenna" or a lightning rod.
Section 2 Subsection 507.07, Subdivision 99 of the Richfield City Code defining
"public utility" is amended to read as follows:
Subd. 99. "Public utility." Persons, corporations, or governments
supplying gas, electric, transportation, water, or sewer;-or
telecommunication service to the general public. Personal
telecommunication service facilities shall not be considered as public
utilities.
Section 3 Subsection 507.07, Subdivision 96 of the Richfield City Code defining
"personal wireless telecommunication service" is repealed.
general public.
Section 4 A new Subsection 507.07, Subdivision 130 of the Richfield City Code to
read as follows is added, and by now renumbering all following
subdivisions accordingly:
Subd. 130. "Telecommunications Equipment." Antennas and
accessory/associated equipment such as wires, cables, generators, air
conditioning units, and other equipment or facilities that are used in
conjunction with telecommunication facilities and telecommunication
equipment.
Section 5 A new Subsection 507.07, Subdivision 131 of the Richfield City Code to
read as follows is added, and by now renumbering all following
subdivisions accordingly:
Subd. 131. "Telecommunications Facilities." Any facility or location
maintained by a commercial enterprise where telecommunications
equipment or telecommunications tower is located.
Section 6 A new Subsection 507.07, Subdivision 142 of the Richfield City Code to
read as follows is added, and by now renumbering all following
subdivisions accordingly:
Subd. 142. "Wireless telecommunications." Any personal wireless
services as defined in the Federal Communications Act of 1996, including
FCC licensed commercial wireless Telecommunications services
including, but not limited to, cellular, personal communication services
(PCS), specialized mobile radio (SMR), enhanced specialized mobile
radio (ESMR), global system of mobile communication (GSM), paging,
and similar services that currently exist or may be developed.
Section 7 Subsection 544.25 of the Richfield City Code related to
telecommunication towers and antennas is amended to read as follows:
Subdivision 1. 'Purpose.' This section is intended to establish fair and
balanced regulations related to the siting, screening, and operation of
wireless telecommunication facilities and equipment In order to
accommodate the communication needs of residents and businesses
while protecting the public health, safety, and general welfare of the
community;. This section recognizes that wireless communication
systems provide a valuable service to the public but that they are not a
public utility. The following regulations the Council finds that these
regulations are necessary in order to:
a) Facilitate the provision of wireless telecommunication services to
the residents and businesses of the City;
b) Minimize adverse visual effects of towers through careful design
and siting standards;
c) Avoid potential damage to adjacent properties from tower failure
through structural standards and setback requirements; and
d) 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.
Subd. 2. Permits. It shall be unlawful for any person, firm, or corporation
to erect, construct in place, place or re-erect, replace, or repair any tower
without first making application to the Department of Community
Development and securing the required zoning and building permits.
Subd. 3. Exemptions. Permits are not required for: (Amended, Bill No.
2011-13)
i. Adjustment of the elements of an antenna array affixed to a tower
or antenna, provided that replacement does not reduce the safety factor.
ii. Antennae and/or towers erected temporarily for test purposes, for
emergency communication, or for broadcast remote pick-up operations.
Temporary antennae shall be removed within 72 hours following
installation.
Subd. 4. Submittal Requirements. 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. In addition to
the information required elsewhere in this Code, development applications
for towers shall include the following supplemental information: (Added,
Bill 2009-1)
a) A report from a qualified and licensed professional engineer
which:
Describes the tower height and design including a cross section
and elevation;
ii. Documents the height above grade for all potential mounting
positions for co-located antennas and the minimum separation distances
between antennas;
iii. Describes the tower's capacity, including the number and type of
antennas that it can accommodate;
iv. Documents what steps the applicant will take to avoid interference
with established public safety telecommunications;
v. Includes an engineer's stamp and registration number; and,
vi. Includes other information necessary to evaluate the request.
b) 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.
c) Before the issuance of a building permit, the following supplemental
information shall be submitted:
i. Proof that the proposed tower complies with regulations
administered by Federal Aviation Administration; and,
ii. A report from a qualified and licensed professional engineer which
demonstrates the tower's compliance with the aforementioned structural
and electrical standards.
d) All abandoned or unused towers and associated facilities shall be
removed within 12 months of the cessation of operations at the site unless
the Director approves a time extension. 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.
Subd. 5. Towers in Residential Zoning Districts. Towers shall be allowed
only in the following residentially zoned areas:
a) Towers supporting amateur radio antennas and conforming to all
applicable provisions of this Code shall be allowed only in the rear yard of
residentially zoned parcels.
b) Towers supporting commercial antennas and. conforming to all
applicable provisions of this Code shall be allowed only in the following
residentially zoned locations:
Church sites, when camouflaged as steeples or bell towers;
ii. Park sites, when compatible with the nature of the park; and,
iii. Government, school, utility, and institutional sites, not including the
public right-of-way.
Subd. 6. Collocation Requirements. All commercial wireless
telecommunication towers erected, constructed, or located within the City
shall comply with the following requirements:
a) 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
(1) mile search radius (one half (%Z) mile search radius for towers under
120 feet in height, one quarter (1/4) mile search radius for towers under 80
feet in height) of the proposed tower due to one (1) or more of the
following reasons:
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.
ii. 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 the interference cannot be prevented at a reasonable cost.
iii. 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.
iv. Other unforeseen reasons that make it infeasible to locate the
planned telecommunications equipment upon an existing or approved
tower or building.
b) 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 2 additional users if the tower is over 100 feet in height or for at
least one (1) additional user if the tower is over 60 feet in height. Towers
must be designed to allow for future rearrangement of antennas upon the
tower and to accept antennas mounted at varying heights.
Subd. 7. Tower Design Requirements. Proposed or modified towers and
attached antennas shall meet the following design requirements.
a) Towers and antennas shall be designed to blend into the
surrounding environment through the use of color and camouflaging
architectural treatment, except in instances where the color is dictated by
federal or state authorities such as the Federal Aviation Administration.
b) Commercial wireless telecommunication service towers shall be of
a monopole design unless the City Council determines that an alternative
design would better blend into the surrounding environment.
Subd. 8. Tower Setbacks. Towers shall conform to each of the following
minimum setback requirements: .
a) Towers shall meet the setbacks of the underlying zoning district
with the exception of industrial zoning districts, where towers may
encroach into the rear setback area, provided that the rear property line
abuts another industrially zoned property and the tower does not encroach
upon any easements.
b) Towers shall maintain a minimum distance from the nearest
residential structure equal to twice the height of the tower.
c) Towers shall not be located between a principal structure and a
public street, with the following exceptions:
i. In industrial zoning districts, towers may be placed within a side
yard abutting an internal industrial street.
ii. On sites abutted by public streets on all sides, towers may be
placed within a side yard abutting a local street.
d) 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 standard, power line support device, or similar
structure.
Subd. 9. Tower Height. The height of a telecommunication tower and
antenna shall be measured as the distance from ground level to the
highest point on the tower, including the antenna.
a) In all residential property, the maximum height of any tower shall be
30 feet.
b) In all residential zoning districts other than designated residential
property, the maximum height of any tower shall not exceed one (1) foot
for each four (4) feet the tower is setback from designated residential
property up to a maximum height of 75 feet.
c) In all nonresidential zoning districts, the maximum height of any
tower shall not exceed one (1) foot for each two (2) feet the tower is
setback from designated residential property up to a maximum height of
75 feet in nonindustrial zoning districts and 100 feet in industrial zoning
districts.
d) In accordance with the Federal Communications Commission's
preemptive ruling PRB1, towers and antennas erected for the primary
purpose of supporting amateur radio communications may exceed the
height restrictions of (3), above, but shall not exceed 65 feet in height.
e) In addition to the height limitations noted above, no tower shall be
constructed or changed so as to project above any Airspace Surface as
shown on MSP Zoning Map Airspace Zones of the MSP Zoning
Ordinance.
Subd. 10. Tower 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, light fixtures used to illuminate ball fields,
parking lots, or similar areas may be attached to the tower.
Subd. 11. Signs and Advertising. The use of any portion of a tower for
signs other than warning or equipment information signs is prohibited.
Subd. 12. Associated Equipment. Ground equipment associated with a
tower or wireless telecommunications facility shall be screened by
vegetative or other screening compatible with the surrounding
environment if deemed necessary by the Director or designee. When
associated ground equipment is housed in a building or structure, that
building or structure shall be architecturally designed to blend in with the
surrounding environment and shall meet the minimum setback
requirements of the underlying zoning district. Ground equipment
associated with a wireless telecommunications facility may be located on
residentially used property only within a utility easement adjacent to the
public right-of-way, except in the multifamily zoning districts where ground
equipment associated with a wireless telecommunications facility may also
be located within a code complying building or structure after receiving the
approvals required by this Code.
Subd. 13. Antennas Mounted on Roofs, Walls, and Existing Towers. The
placement of wireless telecommunication antennas on roofs, walls, and
existing towers may be approved by the Director, provided the antennas
meet the requirements of this Code, after submittal of 1) a site and
building plan and 2) a report prepared by a qualified and licensed
professional engineer indicating the existing structure or tower's suitability
to accept the antenna, and the proposed method of affixing the antenna to
the structure. Complete details of all fixtures and couplings, and the
precise point of attachment shall be indicated. Antennas shall be mounted
on the facade of the building or penthouse structure unless the Director or
designee determines that another antenna mounting location decreases
the visual impact of the antennas. All roof-mounted equipment shall be
screened from view.
Subd. 14. Antenna Design and Mounts. Applicants shall use antenna
designs and mounts that minimize visual impact.
Subd. 15. Collocation in the Public Right-of-Way. Wireless
district.
Subd. 16. Maintenance and Inspections. Tower and antenna finish and
paint shall be maintained in good condition, free from rust, graffiti, peeling
paint, or other blemish.
a) All towers may be inspected at least once each year by an official
of the Building and Inspection Division to determine compliance with
original construction standards. Deviation from original construction for
which a permit is obtained constitutes a violation of this Section.
b) Notice of violations will be sent by registered mail to the owner and
he will have 30 days from the date the notification is issued to make
repairs. The owner will notify the Building and Inspection Division that the
repairs have been made, and as soon as possible thereafter, another
inspection will be made and the owner notified of the results.
Subd. 17. Variances. The following standards apply to variance requests
for towers, antennas, or wireless telecommunication facilities.
a) The City Council shall consider the following issues in addition to
the variance findings required in Section 547.11 of this Code.
i. The viability of Code complying alternative locations for the
proposed tower, antenna, or wireless telecommunication facility.
ii. The impacts of the tower, antenna, or wireless telecommunication
facility at the proposed site relative to the impacts of the tower, antenna, or
wireless telecommunication facility at a Code complying alternative
location.
iii. The extent to which there is a significant gap in coverage
surrounding the proposed tower, antenna, or wireless telecommunication
facility or other evidence of inadequate service due to antenna location.
iv. The extent to which the proposed tower, antenna, or wireless
telecommunication facility is the least intrusive, lowest impact design
available.
v. The extent to which the height of the proposed tower, antenna, or
wireless telecommunication facility could be reduced and still provides
adequate coverage.
vi. The extent to which the size of the proposed accessory equipment
could be reduced.
vii. The feasibility of placing the proposed accessory equipment
underground.
b) The applicant shall pay the reasonable cost of the City retaining a
qualified, independent radio frequency engineer to provide a professional
opinion to the City Council if the Director or designee determines that an
independent radio frequency engineer is needed to assist in consideration
of these regulations.
Section 8 This Ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 23rd day of
August, 2016.
Debbie Goettel, Mayor
ATTEST:
Kari Sinning, D ity Clerk
AFFIDAVIT OF PUBLICATION CITY OF RICHFIELD
RESOLUTION NO.11231
STATE OF MINNESOTA )SS SUMMARY PUBLICATION O OF
COUNTY OF HENNEPIN AN ORDINANCE AMENDING
REGULATIONS RELATED
Charlene Vold being duly sworn on an oath, TO TELECOMMUNICIATION
states or affirms that he/she is the Publisher's FACILITIES
Desi nated Agent of the newspaper(s)known WHEREAS,the referenced has adopt-
g g ed the above referenced amend-
as: ment of the Richfield City Code;
and
SC Richfield WHEREAS,the verbatim text of
the amendment is cumbersome,
and the expense of publication of
with the known office of issue being located the complete text is not justified.
in the county of: NOW THEREFORE, BE IT RE-
HENNEPIN SOLVED by the City Council of the
City •
with additional circulation in the counties of: sum of Richfield that the following
summary is hereby approved for of-
HENNEPIN ficial publication:
and has full knowledge of the facts stated SUMMARY PUBLICATION
below: BILL NO.2016-16
AN ORDINANCE AMENDING
(A)The newspaper has complied with all of RICHFIELD CITY CODE
the requirements constituting qualifica- REGULATIONS RELATED TO
tion as a qualified newspaper as provided TELECOMMUNICATION
by Minn. Stat.§331A.02. FACILITIES
(B)This Public Notice was printed and pub- This summa n orSecncn
is publishhed ed pursuant to Section
fished in said newspaper(s) once each 3.12 of the Richfield City Charter.
week, for 1 successive week(s); the first This ordinance updates and/
insertion being on 09/01/2016 and the last or adds definitions of an antenna,
insertion being 09/01120]6. a public utility, personal wireless
g on telecommunication service, tele-
communications equipment and
MORTGAGE FORECLOSURE NOTICES facilities, and wireless telecom-
Pursuant to Minnesota Stat. §580.033 munications. The purpose and
intent sections of the ordinance
relating to the publication of mortgage have been updated to address cur-
foreclosure notices:The newspaper complies rent technologies and a reference
with the conditions described in §580.033, to permitted facilities in the right-
subd. 1,clause(I)or(2). If the newspaper's of-way has been struck,as this is
primarily addressed by a separate
known office of issue is located in a county section of the City Code.
adjoining the county where the mortgaged Copies of the ordinance are
premises or some part of the mortgaged available for public inspection in
premises described in the notice are located, the City Clerk's office during nor- ,
mal business hours or upon re-
a substantial portion of the newspaper's quest by calling the Department of
circulation is in the latter county. Community Development at (612)
861-9760.
Adopted by the City Council of
(� the City of Richfield,Minnesota this
By: y D 23rd day of August,2016.
Designated Agent
Debbie Goettel,Mayor
ATTEST.
Kari Sinning,Deputy City Clerk
Subscribed and sworn to or affirmed before Published in the
me on 09/01/2016 by Charlene Vold. Richfield Sun Current
September 1,2016
588922
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Notary Public
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•-;k'DARLENE MARIE MACPHERSON`
‘Wl,,`., Notary Public-Minnesota
---" My Commiseton Expires Jan 31,2019
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